Agenda, decisions and minutes

Apologies for absence were received from Councillors Jason Baker, Neil Bloomfield, Amanda Broom, Nick Colbert, Jenny Kenton, Sam McAllister, Sue Osborne, Tiffany Osborne, Wes Read, Garry Shortland, Linda Vijeh, William Wallace and Vega Sturgess (Strategic Director).

To approve and sign the minutes of the previous meeting held on Thursday, 17^th March 2016.

The minutes of the Council meeting held on 17^th March 2016, copies of which had been previously circulated, were approved as a correct record of the meeting and signed by the Chairman, subject to the following amendment:

·         Councillor Stephen Page be added to the list of apologies.

In accordance with the Council's current Code of Conduct (adopted July 2012), which includes all the provisions relating to Disclosable Pecuniary Interests (DPI), personal and prejudicial interests, Members are asked to declare any DPI and also any personal interests (and whether or not such personal interests are also "prejudicial") in relation to any matter on the Agenda for this meeting. A DPI is defined in The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 (SI 2012 No. 1464) and Appendix 3 of the Council’s Code of Conduct. A personal interest is defined in paragraph 2.8 of the Code and a prejudicial interest is defined in paragraph 2.9.

Members are reminded that they need to declare the fact that they are also a member of a County, Town or Parish Council as a Personal Interest.  As a result of the change made to the Code of Conduct by this Council at its meeting on 15th May 2014, where you are also a member of Somerset County Council and/or a Town or Parish Council within South Somerset you must declare a prejudicial interest in any business on the agenda where there is a financial benefit or gain or advantage to Somerset County Council and/or a Town or Parish Council which would be at the cost or to the financial disadvantage of South Somerset District Council.  If you have a prejudicial interest you must comply with paragraphs 2.9(b) and 2.9(c) of the Code.

Councillors Angie Singleton and Sylvia Seal declared a personal interest in Agenda item 9: Loan to Kingsbury Episcopi Amenities Improvements Committee, as a trustee was a personal friend. 

Councillor Clare Aparicio Paul declared a personal interest in Agenda item 9: Loan to Kingsbury Episcopi Amenities Improvements Committee, as a member of Kingsbury Episcopi Parish Council. 

Miss M Smith of Pitney caravan site spoke of her concern at the Council’s recent decision to transfer the management of gypsy sites to a housing association.  She spoke of the lack of facilities at the site, that she did not have a 25 year lease and that she was threatened with eviction by SSDC.  She also queried how the impact assessment which had accompanied the report could have been written without visiting the site. 

Councillor Ric Pallister, as Portfolio Holder said he would check the situation with officers and provide a written response to Miss Smith.

Mrs R Williams and Mrs P Warren spoke in support of Agenda item 9: Loan to Kingsbury Episcopi Amenities Improvements Committee.  They outlined the facilities which they hoped to provide which included a community hall, changing rooms and shop and the need to have all the funding secured to access the Lottery funding. 

Mr B Budzynski asked if the threat of a £5,000 per day fine for unattended roadworks would impact on how the authority operated?

Councillor Henry Hobhouse responded that roadworks were the responsibility of Somerset County Council, not the District Council, however, he hoped the threat of a fine would help. 

The Chairman and Councillor Mike Lewis both wished the Her Majesty, the Queen a very happy 90^th birthday and congratulated her on her reign.

The Chairman then presented Councillor Tony Capozolli with a new Vice Chairman’s badge of office.  The Vice Chairman expressed his pleasure at receiving it.

Councillor Ric Pallister, Leader of Council, drew Members attention to a paper circulated to them on the new Flood Re scheme which had come into force on 1^st April.  He asked that they advertise the scheme widely as it could assist many Somerset residents.

The list of Chairman’s Engagements was noted.

(Voting: unanimous in favour)

Councillor Ric Pallister, as Leader of Council, thanked the Strategic Director (Operations and Customer Focus), her Personal Assistant, the Assistant Director (Finance and Corporate Services) and Councillor Carol Goodall for their help in compiling the Council Plan.  He advised that the plan looked 5 years ahead whilst the Annual Action Plan set clear actions for each year and would be presented with the annual budget so each action was fully funded.  Comments made by Scrutiny and Executive members had been incorporated into this final document. 

Councillor Jo Roundell Greene advised that the annual action listed to deliver a South Somerset food and drink promotional event would be moved to the service plan where it was more appropriate.

Councillor Sue Steele said the offer to present a mid-year progress report on the Annual Action Plan to the Scrutiny Committee would be appreciated by them.

Councillor Nick Weeks expressed his concern that agriculture was not listed as one of the top industries in the district.  It was subsequently confirmed that the data was listed as a percentage of people employed in that industry, and, agriculture was listed as the tenth highest employer. 

At the conclusion of the debate, Members unanimously agreed to adopt the Council Plan 2016 – 2021 and the Annual Action Plan (2016-2017).

(Voting: unanimous in favour)

(Voting: unanimous in favour)

Councillor Ric Pallister, as Leader of Council, advised that it had been 10 months since Council had agreed to explore the future management of the authority.  A number of options had been considered and it was felt the Council should now focus on savings, transformation and income generation for which a strong leader of the workforce was needed.  An open recruitment process would be conducted and it was recommended that the Strategic Director (Place and Performance) be appointed as Interim Chief Executive until the appointment of a new CEO was made. 

Councillor Tim Inglefield, representing the Conservative Group and Councillor Dave Bulmer, representing the Independent Group both agreed it was vital to appoint the right person as CEO.

Councillor Mike Lewis asked that monthly report be provided to the District Executive on the progress of appointment of a new Chief Executive Officer and this was agreed.

At the conclusion of the debate, Members were pleased to confirm the recommendations of the report.

(Voting: unanimous in favour)

(Voting: unanimous in favour)

The Assistant Director (Finance and Corporate Services) advised that the confirmation of the loan was before Council as it fell outside the SSDC Loans Policy.

Councillor Derek Yeomans, Ward Member, said a huge amount of time and effort had been spent by the committee in obtaining their Lottery grant and the loan would allow the final funding to be secured.  He asked that all Members support the request.

Councillor Dean Ruddle said the scheme should be wholeheartedly supported and Members unanimously approved the loan to Kingsbury Episcopi Amenities Improvements Committee.

(Voting: unanimous in favour)

The report of Executive Decisions was noted.

Councillor Derek Yeomans, Chairman of the Audit Committee, advised that the full minutes and agendas of the meeting were available in the Members Room.

The report of the Audit Committee was noted.

Councillor Sue Steele, Chairman of the Scrutiny Committee, said that they continued to be very busy with a number of Task and Finish group work. 

The report of the Scrutiny Committee was noted.

No Motions have been submitted.

There were no Motions submitted by Members.

The following question was submitted by Councillor Mike Beech:-

In response to the question "is the Octagon Theatre up to its pooling limit?" the following response was received from Steve Joel, Assistant Director (Health and Well-Being):

More than 5 obligations have been secured since April 2010 to enhance the 'general' capacity of the Octagon Theatre.

In order to work around the limits on pooling S106 contributions whilst we await the introduction of the CIL scheme for South Somerset, we have taken the opportunity
to update our strategy with regard to addressing the overall deficiency in professional arts and entertainment provision.

Our strategy is now to pool contributions up to the limit for the range of 'specific' long-term enhancements planned for the Octagon Theatre in Yeovil, and/or to pool
contributions up to the limit for the range of 'specific' enhancements planned for the Westlands Entertainment Complex in Yeovil (Policy TAC2). These projects are also
listed in the Council's published IDP.

The first being of these specific enhancements is a new Studio Theatre at Octagon Theatre in Yeovil (Policy TAC1.1), and/or the stage refit at the Westlands
Entertainment complex (Policy TAC2.1). No contributions have been pooled for these specific mitigations for Theatres and Arts Centres, which means that the Council can
seek off site contributions for them.

Once the limits have been reached for Policy TAC1.1 and Policy TAC2.1, then the Council will seek contributions for specific enhancements TAC1.2 and Policy
TAC2.2 and so on, until such time as our CIL Scheme comes online.  In this way we continue to optimise the amount of contributions being sought from new development,
and of course, reduce pressures upon our capital resources over the medium to longer term.

Can the Portfolio Holder assure the council that the position being taken regarding S106 pooling is entirely legal and tested in law?

Response

Councillor Angie Singleton, as Portfolio Holder for Strategic Planning (Place Making) responded with the following statement:-

SSDC’s approach to the pooling of contributions is in common with other local planning authorities.

The DCLG has not provided any written guidance on interpreting Regulation 123 but has told the Planning Advisory Service that a local planning authority can enter into obligations for 5 generic obligations for a type of infrastructure and then 5 more obligations for a specific project such as an extension to an existing facility.

The DCLG has said that in their view this is within the rules, and that the Regulations were designed to stop double charging rather than restrict a council’s ability to deliver the infrastructure that is needed.  The consensus view appears to be that, for example, dividing a new school project up into 6 separate classrooms plus a playground plus a car park and then seeking up to five obligations for each of those as separate projects would clearly not fall within the Regulations if the entire school project was let under one contract.  If however a new building is to be built on the school grounds or an additional  ...  view the full minutes text for item 148.

Members noted that the Annual meeting of the Full Council would take place on Thursday, 19^th May 2016 in the Council Chamber, Council Offices, Brympton Way, Yeovil commencing at 7.30 p.m.