Agenda and minutes
PDF 223 KBVenue: The John Meikle Room - The Deane House. View directions
Contact: Marcus Prouse Email: m.prouse@somersetwestandtaunton.gov.uk
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Apologies
To receive any apologies for absence. Minutes: Apologies were received from Councillors Adkins, Cavill, Davies, D Durdan, K Durdan, Govier, Martin Hill, Hunt, Lisgo, Lloyd, Morgan, Trollope-Bellew and Wakefield. |
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Minutes of the previous meeting of Full Council
To approve the minutes of the previous meeting of the Committee. Minutes: (Minutes of the meeting of Full Council held on 19th June 2019 were circulated with the agenda.)
Councillor Tully informed the Chair that he was listed in error as being in attendance.
Councillor Blaker informed the Chair that he had moved an amendment and not as was identified Councillor Buller.
RESOLVED that the minutes of Full Council held on 19th June 2019 be confirmed as a correct record with those alterations to be made. |
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Declarations of Interest
To receive and note any declarations of disclosable pecuniary or prejudicial or personal interests in respect of any matters included on the agenda for consideration at this meeting.
(The personal interests of Councillors and Clerks of Somerset County Council, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.) Minutes: Members present at the meeting declared the following personal interests in their capacity as a Councillor or Clerk of a County, Town or Parish Council or any other Local Authority:-
Councillor Pugsley declared a prejudicial interest in relation to Item 8 – Motion to Declare Somerset West and Taunton a Frack-Free Zone as a Member of the Planning Committee for Exmoor National Park Authority and declared that he would leave the Council Chamber for the duration of that item.
The Chair (Councillor Prior-Sankey) declared a personal interest in respect of Item 14 – Coal Orchard Development, as she was a worshipper at St. James Church.
Councillor Habgood declared a personal interest in relation to Item 8 – Motion to Declare Somerset West and Taunton a Frack-Free Zone as he was a volunteer with the Quantock Area of Outstanding Natural Beauty (AONB) and a Member of Quantock Eco.
Councillors Darch declared a personal interest in relation to Item 8 ... view the full minutes text for item 30. |
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To receive any communications or announcements from the Chair
Minutes: The Chair had no announcements to convey to the Council. |
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To receive any communications or announcements from the Leader of the Council
Minutes: The Leader had no announcements to convey to the Council.
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Public Participation - To receive only in relation to the business for which the Extraordinary Meeting has been called any questions, statements or petitions from the public in accordance with Council Procedure Rules 14,15 and 16.
The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.
For those members of the public who have submitted any questions or statements, please note, a three minute time limit applies to each speaker and you will be asked to speak before Councillors debate the issue. Minutes: Mr Martin Pakes made the following statement:
It had now been seven months since the Bath site had been demolished but there still had been no progress on the site. ‘Plan A’ the original scheme contained a mixture of shopping, offices, work space and housing but presumably because of the economic circumstances was not viable. ‘Plan B’ proposed late last year got rid of most of the shopping and replaced it with a gym and restaurants. The suspicion was there had still been a problem with the site because of the economic situation and the scheme was not viable.
‘Plan C’ is presumably thus what Councillors were to discuss tonight in private. I would make a plea to the decision makers that the longer we go away from ‘Plan A’ the less sympathetic the scheme gets. In the original policy documents Coal Orchard was described as a cultural quarter and in their own words bohemian, as a mixture of small scale shops offices and work spaces. The latest scheme presented a rather different picture and would not be amiss in Canary Wharf. He also had issues with the forty two flats, none with dedicated parking. The previous plans had not treated the area fairly, as Coal Orchard was a special place in the town, like Bath Place. The future of economic development in town centres was small scale private shops and not large multiples. East Reach, St. James St, Station Road, Bath Place and Coal Orchard had very few empty shops unlike the Town Centre.
He hoped that when Councillors were discussing the revised plans this evening they would keep his points in mind.
The Leader thanked Mr Pakes for attending and making his contribution to the meeting. |
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To receive only in relation to the business for which the Extraordinary Meeting has been called any questions from Councillors in accordance with Council Procedure Rule 13
Minutes: The Chair advised that no such questions had been received. |
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Motion to Declare Somerset West and Taunton a Frack-Free Zone. To consider a motion proposed by Councillor Caroline Ellis, seconded by Councillor Dixie Darch (attached). An assessment of the implications for the Council should the motion be carried is also attached.
Minutes: Councillor Pugsley left the Chamber for the duration of the item.
Moved by Councillor Ellis, seconded by Councillor Darch.
Councillor Ellis hoped the Council will take action to stop fracking in our district before it can even start. Areas around Minehead, Watchet and a corner of Exmoor National Park were licensed by Government for unconventional onshore oil and gas exploration at the end of 2015. Southwestern Energy which holds the licenses is in the process of raising funds to start exploratory drilling. We cannot let this happen. Fracking is strongly opposed in our district. The Liberal Democrats, Labour, Greens and Conservatives Environment Network, Taunton Transition Town all oppose it. Residents of Exmoor, Quantocks and Sedgemoor have come together to oppose it with Frack-Free EQS. Watchet and Wiveliscombe Town Councils oppose it and have become frack-free zones. Fracking has support from the public of only 12 percent. Hydraulic Fracking involves the drilling of wells several kilometres down vertically and horizontally, smashing open the shale with huge volumes of water, sound and toxic chemicals, leaving vast quantities of toxic waste to dispose of.
We’ve seen the impact of fracking in the USA, Canada and Australia and in Lancashire. We do not want our beautiful countryside industrialised and despoiled by wells and drilling equipment. We do not want our vital habitats, species and eco-systems damaged, fragmented or lost. We are not prepared to see our vital water supplies put under intolerable pressure. We should not countenance the risk of ground water contamination or air pollution from methane or other volatile organic compounds. Our regulatory framework was significantly under-funded and a lot of the safety monitoring was done by the fracking companies themselves. Accidents and leaks happen. Even if you wanted to run these risks, there is the immutable fact that Fracking produces far more greenhouse gases than any other fossil fuel.
Fracking would torpedo this District’s urgent efforts to make itself carbon neutral by 2030 and avert a climate catastrophe. Government used to rely on the argument that it would be an acceptable bridging fuel whilst renewable energy came on. She urged Councillors to read the Mobb’s Report which challenged this outdated science. Renewables were ready to close the gap left by coal. There was no need to frack. Government had already admitted that authorities such as Somerset County Council and Exmoor National Park Authority were at liberty to adopt a presumption against fracking contrary to the government based on the latest scientific evidence related to climate change. Our opposition will be a material consideration. Our aim is to stop it before it starts and even gets to a Planning Application, hence the challenge to our Members of Parliament to champion our opposition and pressure the government to rescind their pro-fracking policies.
The message from Somerset West and Taunton Councillors needed to be loud and clear; not here, not anywhere, Frack off!
Councillor Darch seconded the motion and thanked her for her rigorous research into the science and legality of fracking. The detailed ... view the full minutes text for item 35. |
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District wide Local Plan: Local Development Scheme
Minutes: The Portfolio Holder for Planning and Transportation introduced this item which concerned the Local Development Scheme (LDS) which was required to be prepared to set out the programme for the preparation of the District wide Local Plan and other development plan documents. The current two plans in existence for the previous two authorities could be used for up to five years before being refreshed, however as time went on they would become more out of date and the Authority would struggle to defend development we did wish to see.
Council were informed that the Issues Document would now be brought back separately later on in the year to allow for the consultation period to be longer than the six week minimum and not to take place during school holidays. The comments received on that through the Scrutiny process would still be taken into account and responded to, particularly the strong focus on Climate Change which had been noted. The feedback from both Scrutiny and the Executive recommendation were included within the report. The Portfolio Holder felt that this report was deliberately high level to allow this large piece of work to commence and was not intended to be exhaustive, with the Issues and Options Document coming through in the autumn with the detail and an adopted Local Plan in place in two years’ time.
During the discussion of this item, Members made comments and asked questions which included:-
· It was raised that the evidence base needed to acknowledge the extinction event taking place with our wildlife. The Local Plan would be key in protecting wildlife and helping us to be more pro-active. · It was highlighted that whilst a motion was lost on carbon neutrality at Scrutiny, this Council and its predecessor had supported this issue before and this needed to be strengthened in the report. Wording had been supplied to officers on Low Carbon Energy Use Storage and Generation to include in the Evidence section and there was a need to have that clear link between evidence and policy. He also felt there needed to be a reference to Climate in the Housing section. · Concerns were raised around the Equality Impact Assessment and how the Council was processing these and also the list of consultees and equality and diversity groups within it? · Officers confirmed this feedback had been capture at both Scrutiny and the Executive and whilst the list of consultees had not initially been extensive this was being widened out and incorporating others.
RESOLVED that the Council;
i. Approved the Local Development Scheme.
ii. In consultation with the Portfolio Holder for Planning and Transport delegated authority was given to the Head of Strategy to agree any necessary final amendments prior to its publication. |
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Constitution Report
This report is recommending approval of the Officer Employment Procedure Rules and has been recommended by the Audit, Governance and Standards Committee to Council for adoption. Minutes: The Portfolio Holder for Corporate Resources introduced the report which concerned the update to the Constitution. This report was recommending approval of the Officer Employment Procedure Rules and had been recommended by the Audit, Governance and Standards Committee to Council for adoption.
As part of the work completed by Officers and the Shadow Council prior to the inception of Somerset West and Taunton Council on 1st April 2019, a new Constitution had been drafted. At the time of drafting it was confirmed that this was a starting point and that the document would be a ‘living’ document and reviewed and updated on a regular basis. The Officers Employment Procedure Rules had now been reviewed to ensure that the appointments process to Senior Officer Posts was appropriate. Members were included in the process of appointing Senior Officers but the final decision would rest with the Chief Executive (with the exception of the statutory posts which would be a Council decision). Failure to have an appropriate workable Constitution could impact on the Council’s ability to operate in an economic, efficient and effective manner.
During the discussion of this item, Members made comments and asked questions which included:-
· Discussion was centred on the pros and cons of balancing the recruitment panel on political proportionality or political balance.
An amendment was proposed by Councillor Mansell and seconded by Councillor Wren to change the Officer Employment Procedure Rules at 3.2 in the document. The proposed change was in relation to the political balance of the panel, removing the Chair or Vice-Chair of the Council and inserting instead the Leaders of the two largest opposition political groups. The amendment was put to the vote and was lost.
RESOLVED to make the following amendments to the Constitution:-
i. The terms of reference for the Employment Committee are removed from the Constitution.
ii. The revised Officer Employment Procedure Rules are approved. |
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Request for Funding from the Charter Trustees of Taunton
Minutes: The Portfolio Holder for Corporate Resources introduced the report which concerned the request for funding from the Charter Trustees of Taunton, and drew special attention to the amended recommendations which had been circulated via an addendum earlier that day. The Charter Trustees for Taunton had been created by Statutory Instrument in Parliament and came into force on 1st April 2019 (Local Government (Structure and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments Order 2019) and were set up to maintain the continuity of a town charter after a district with the status of a borough had been abolished, and until such time as a parish or town council is established.
The Charter Trustees were the councillors elected to represent wards in the unparished area of Taunton. This is the central area that has no town or parish council of its own. Following the creation of Somerset West and Taunton Council there were 16 councillors representing the area following local elections on May 2nd 2019. At the first meeting of the Charter Trustees on 4th June 2019 that body formally requested from this Council the transfer of all funding derived from the Unparished Area to the Charter Trustees, funds that were previously administered by the Unparished Area Committee.
The Charter Trustees and the mayoralty were intended to be funded through a local tax, or precept, levied on householders in the unparished areas through the Council Tax system, however, in their first year of existence they cannot raise their own precept and must have this set for them by the District body. This had been set through the Budget-setting process in February 2019 (£46,399). To continue the system that existed under the former Taunton Deane Borough Council the decision to transfer the funds needs to be ratified by this Council.
During the discussion of this item, Members made comments and asked questions which included:-
· Queries were raised as to whether the Charter Trustees were intended as a permanent arrangement or would Taunton look to be parished in the future? · Charter Trustees were originally designed to be a temporary measure however this would be a matter for the Charter Trustees to decide. · Would the precept be increased and would that be taken only from the unparished area? · The precept to fund the Charter Trustees could be increased from next year but would only come from the wards in the Unparished Area represented by sixteen ward members. · Queries were raised over the staffing costs to support the Charter Trustees taking an inordinate amount of the budget set aside for this year? · The staffing costs for the Charter Trustees would be absorbed by SWT Council in their setup year with working time recorded to allow the Charter Trustees an idea of how much they would need to precept. · It was stated that it was hoped that this was an interim measure whilst a Governance Review was to be undertaken.at the earliest possible opportunity and it was queried as to when that would be. · A further report ... view the full minutes text for item 38. |
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Laxton Road Housing Development
Minutes: The Portfolio Holder for Housing introduced the report which concerned the proposed redevelopment of a Somerset West & Taunton garage site containing 16 garages at Laxton Road Taunton, TA1 2XA. The scheme was presented to Council in July 2016 as part of the HRA Business Plan Review. The report had recommended increasing the Social Housing Development Fund (SHDF) budget in order to include further funding for this scheme. The scheme had now come forward for delivery but it had been proposed to part fund the scheme with Right to Buy receipts, therefore a further technical approval was required from Council as set out in the full detail of this report.
Officers had worked up a table showing the difference in financials that this change offered;
Officers confirmed that there was a confidential appendix with this report as it was still a live procurement exercise.
RESOLVED to:-
i. Approve a supplementary budget as set out in confidential appendix 2 within the Housing Revenue Account Capital Programme to deliver the scheme, funded by Right to Buy receipts.
ii. That the properties delivered with this scheme are provided at a social rent rather than an affordable rent. |
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Access to Information - Exclusion of the Press and Public
During discussion of the following item(s) it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 13 13.02(e) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Executive will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.
Recommend that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the ground that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information).
Minutes: RESOLVED that the press and public be excluded during consideration of agenda item 14 on the grounds that, if the press and public were present during the item, there would be likely to be a disclosure to them of exempt information of the class specified in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 as amended as follows: The item contained information that could release confidential information that related to the financial or business affairs of any particular person (including the authority holding that information). It was therefore agreed that after consideration of all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information. |
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Coal Orchard Development
Minutes: The Portfolio Holder for Asset Management and Economic Development introduced the report which concerned the redevelopment of the Coal Orchard area. The proposal to regenerate Coal Orchard was outlined in the Council’s Town Centre Action Plan adopted in 2008, it was further reinforced by Taunton Rethink adopted in 2014, and the high level development strategy was approved by Council on 8 October 2015. All Members had had the opportunity to attend a briefing on this matter on the 2nd July 2019.
RESOLVED to:-
i. Agree that the Coal Orchard Regeneration scheme proceeds based on a revised capital investment requirement, noting related financial implications included within the commercially confidential report.
ii. Approve a Supplementary Budget for the scheme.
iii. Approve additional borrowing of a confidential amount to finance the Supplementary Budget and enable the project to proceed as planned. It is anticipated that this amount will be reduced by Homes England grant funding which is to be confirmed.
iv. Conditionally delegate authority to the Head of Commercial Investment, in consultation with the Portfolio Holder for Economic Development and Asset Management, approve an allocation as a Revenue Contribution to reduce the Borrowing Requirement in the event Homes England Grant is not awarded, and note that, if agreed, this would reduce the borrowing requirement. The Revenue Contribution would be provided from the Economic Growth and Prosperity Fund utilising Business Rates Pooling/Pilot Gain.
v. Approve Head of Commercial Investment in consultation with the Portfolio Holder to enter into the construction contract with the main Contractor.
vi. Approve Head of Commercial Investment in consultation with the Portfolio Holder to pursue material changes to the scheme, subject to planning amendments post implementation, which would enhance the saleability of the residential properties, and increase the overall gross development value (GDV) and internal rate of return (IRR) of the proposal, without undermining the quality, community benefit or impact on the key strategic site.
vii. Approve progressing the sales model for the market units, or to change the tenure to market rental in whole or part, subject to market conditions, to be actioned by the Head of Commercial Investment in consultation with the Section 151 Officer.
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