The Chief Executive reported that apologies for absence had been received from the following;  Mr D Carroll, Mr L Chapman, Mr J Everall, Mr N Hartin, Mrs A Hartley, Mr R Huffer, Mrs T Huffer, Mrs H Kidd, Mrs J Mackenzie, Mr M Owen Mr D Roberts and Mr M Williams.

Members are reminded that they must not participate in the discussion or voting on any matter in which they have a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.

Members were reminded that they must not participate in the discussion or voting on any matter in which they have a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.

At the item on Much Wenlock Neighbourhood Plan: Adoption (agenda item 21), Mrs C Motley declared an interest and left the room whilst the item was being considered.

At the item on SAMDev Plan Submission (agenda item 22), Mrs C Wild and Mrs C Motley both declared an interest and left the room whilst the item was being considered.

To approve as a correct record the minutes of the previous meeting held on 8 May 2014 attached.

Contact Karen Nixon Tel 01743 252724.

Arising thereon:

At the item on the ‘Revised Code of Conduct for Members’ (Minute 12), it was agreed that Cllr Martin Bennett had proposed an additional recommendation which had been duly agreed as follows;

c) That Shropshire Association of Local Councils (SALC) be advised immediately of the change in the Code of Conduct so that they could advise their Members who had adopted the Shropshire model.

RESOLVED: That subject to the foregoing, the Minutes of the meeting held on 8^th May 2014, as circulated with the agenda papers, be approved and signed as a correct record.

To receive such communications as the Chairman, Speaker, Leader and Head of Paid Service may desire to lay before the Council.

20.1    Chairman’s Engagements

The Chairman referred Members to the list of official engagements carried out by himself and the Speaker since the last meeting of the Council on 8 May 2014, which had been circulated at the meeting.

The Chairman pointed out that Tickwood Farm (Royal Visit), was located at Much Wenlock and not Ironbridge as printed.

20.2    School Nursing Staff Awards

The Chairman explained that the Nursing Standard Nurse Awards had been running successfully for 25 years and to see people of Shropshire representing the county at such a prestigious event was tremendous.  This was the first time that a specific School Nursing Award had been made by the Department of Health, so it was particularly commendable that Shropshire’s School Nursing Team were the first recipients. 

He welcomed Shropshire’s School Nursing Team, Andrew Coleman, Deputy Director of Nursing, Jo France, School Nurse Manager and Professional Lead and school nurses, Lita Collins-Singh, Sarah Harris, Kirsten Ellmore and Karen Kerr, and invited them to receive their commendation for greatly improving and introducing asthma management guidelines to all schools in Shropshire.

The Chairman was also pleased to present a certificate of commendation to Ward Sister Susan Lovett for her work with a dying patient.  Unfortunately Sister Lovett was unable to attend, so Paula Dabbs from SaTH received the commendation on Sister Lovett’s behalf.

20.3    Queen’s Birthday Honours

The Chairman announced that the following Shropshire residents had been awarded honours in the Queen’s Birthday Honours List and that he had written to each one of the recipients to congratulate them on their achievement:

Knight Commander of the Royal Victorian Order (KCVO)

Bill CASH, Member of Parliament for Stone, awarded a knighthood for his political service (of Bridgnorth).

Commander of the Order of the British Empire(CBE)

Peter MITCHELL, for services to education, having been involved in setting up University Technical Colleges across the UK (of Strefford, near Church Stretton).

Candy GARBETT, headteacher of The Priory School in Shrewsbury for services to education.

Officers of the Order of the British Empire (OBE)

David CHANTLER, Chief Executive of West Mercia Probation Trust.

Johanne TOMLINSON, a staff nurse at HMP Stafford and the Staffordshire and Stoke on Trent Partnership NHS Trust (of Newport).

Members of the Order of the British Empire (MBE)

William BRITNELL for services to archaeology and conservation in Wales (of Shrewsbury).

Mrs Harriet DEVLIN for her services to heritage and the historic environment (of Cressage, near Shrewsbury).

Simon PLATFORD, for services to music.

Emlyn Huw Rowlands ROBERTS, for services to education (of Telford).

Mrs Amanda THORN for services to dementia care (of Shrewsbury).

Medallist of the Order of the British Empire (BEM)

Mrs Valerie HANOVER, founder of the North Shropshire Special Olympics for her services to sport and people with disabilities.

Mrs Phyllis NICHOLLS for services to the community in Mardu, near Craven Arms.

Mrs Zoe POOLE, for voluntary services to dance for the disabled (of Loggerheads near Market Drayton).

To receive any questions from the public, notice of which has been given in accordance with Procedure Rule 14.

21.1    Petitions

          The Speaker advised that there were no petitions.

21.2    Public Questions

The Speaker announced that three public questions had been received in accordance with Procedure Rule 15 (a copy of the report containing the detailed questions and formal responses is attached to the signed minutes):

(i)       Received from Mrs J Brand and answered by Mr K Barrow, the Leader, in relation to the Local Support and Prevention Fund – copy attached to the signed minutes.

By way of a supplementary question Mrs Brand asked if the remaining sum of over £400,000 which was held in the Council’s reserves gained any interest and if so, what happened to that interest and how protected was the £400,000 given that it was not ring-fenced?

In response, the Leader confirmed that the Council’s intention was to try and deal with the underlying issues but that the £400,000 did attract a small amount of interest (less than 1%) which he would ensure would be added to the balance, ring-fenced and spent as appropriate with the Council working together with other organisations on the matter.

(ii)      Received from Ms Faith Logan and answered by Mrs K Calder, Portfolio Holder for Health, in relation to Shropshire’s Accident and Emergency (A&E) facilities – copy attached to the signed minutes.

By way of a supplementary question Ms Logan reiterated that information emerging from the Clinical Commissioning Group continued to refer to the loss of one of the A&E units.

In response Mrs Calder stated that in order to have a safe and efficient A&E centre ten consultants were required per unit.  Currently between the two A&E units there were only six consultants (despite efforts to recruit more consultants).  Mrs Calder fully supported the clinical model as the best model to follow and to deliver the best outcomes for the residents of Shropshire.  Mrs Calder offered to meet with Ms Logan outside of the meeting to discuss this matter in more detail.

(iii)      Received from Mr Chris Hesketh and answered by Mr M Price Portfolio Holder for Planning, Housing and Commissioning (Central) in relation to CBM and shale gas prospects – copy attached to the signed minutes.

At this point the Speaker referred everyone to Part 4 of the Council’s Procedure Rules at paragraph 14.1 (iv) which stated that when matters were raised that related to items on the agenda, the Speaker may decide to defer the question until that item was reached and take it before the Councillors started their debate.  This particular public question related to agenda item 7 ‘Report to Council Providing Information on Hydrocarbon Gas Exploration in Shropshire’ and therefore the Speaker would take this public question at that juncture.

To receive any questions from Members, notice of which has been given in accordance with Procedure Rule 15.2.

Report attached, marked 6.

The Speaker advised that six questions from Members had been received in accordance with Procedure Rule 15 (copies of the report containing the detailed questions and their formal responses are attached to the signed minutes).

(i)       Received from Mr M Williams and answered by Mr M Price Portfolio Holder for Strategic Planning, Planning, Housing and Commissioning (Central) in relation to the severe shortage of public housing for rent and affordable housing in Shropshire – copy attached to the signed minutes.

There was no supplementary question.

(ii)      Received from Mr R Evans and answered by Mrs K Calder, Portfolio Holder for Health in relation to the membership of Health and Wellbeing Boards – copy attached to the signed minutes.

          By way of a supplementary question Mr Evans asked if the membership of the existing Health and Wellbeing Board in Shropshire could be expanded to include members from opposition parties and thereby ensure a stronger democratic legitimacy.

In response the Portfolio Holder confirmed that a peer challenge was taking place in January 2015 and as part of that the strategy and membership would be reviewed.  Mrs Calder also pointed out that the Health and Wellbeing Board was unlike any other committee of the Council.  It brought together stakeholder groups and was not at all political. She questioned what benefit additional members would bring to the Board and offered to discuss the matter further with Mr Evans after the meeting.

(iii)      Received from Mr A Boddington and answered by Mrs C Wild the Portfolio Holder for Highways and Transport in relation to the 701 and 722 bus services in Ludlow – copy attached to the signed minutes.

By way of a supplementary question Mr Boddington asked if there was capacity in the budget to subsidise a third bus in Ludlow to ease the Park and Ride problems in the town. 

In response, the Portfolio Holder said that Ludlow now had a good hourly bus service.  Maybe some stops needed refinement, but on the whole the service was good.  What Mr Boddington was requesting was not for discussion at Council and was something that needed to be considered more globally.

(iv)     Received from Mr M Kenny and answered by Mrs C Wild the Portfolio Holder for Highways and Transport in relation to the backlog of repairs on highways, footpaths and cycleways – copy attached to the signed minutes.

By way of a supplementary question Mr Kenny asked what was meant by ‘no significant backlog’ and what were the likely efficiencies across the service.

In response the Portfolio Holder confirmed that she would pick up these issues with Mr Kenny after the meeting.

(v)      Received from Mr R Evans and answered by Mr M Bennett the Chairman of the Performance Management Scrutiny Committee in relation to the setting up of a non-executive Member Group for a regular scrutiny session, as agreed by Council in April 2013 – copy attached to the signed minutes.

By way of a supplementary question Mr Evans asked  ...  view the full minutes text for item 22.

To receive the report from the Head of Economic Growth and Prosperity, attached marked 7.

The Speaker referred to Part 4 of the Council’s Procedure Rules.  Paragraph 14.1 (iv) which stated that when matters were raised that related to items on the agenda, the Speaker may decide to defer a public question until that item was reached and take it before the Councillors started their debate.  A public question had been received from Mr Chris Hesketh relating to this particular agenda item and therefore the Speaker informed Members that he would take the public question at this point.

A public question was received from Mr Hesketh in relation to Coal Bed Methane (CBM) and shale gas prospects, which was answered by Mr M Price, Portfolio Holder for Planning, Housing and Commissioning (Central) – a copy of the question and answer is attached to the signed minutes.

By way of a supplementary question Mr Hesketh asked that if a drilling company believed that they had evidence that the BSG missed and thus they actually believed that extraction would work, that they provide that evidence up front.  Otherwise a test drill application could be approved despite there being no national interest relating to gas extraction.  Having a test drill involved a significant impact on the local community as well as creating plenty of pollution.

In response the Portfolio Holder said that he was not an expert on this matter and referred to the information report on hydrocarbon gas exploration in Shropshire which was factual.  He also reminded that the Council was not the only organisation involved in the process; there was a regulatory regime already in place to deal with such applications. 

In response to a request for this matter to be referred to scrutiny it was clarified that this was not an option and would be inappropriate; any potential applications would go through the formal planning process.

In conclusion it was agreed that any more information on the subject matter should be obtained and circulated to all Members so that they could be informed as far as possible on what was a very important issue.

It was proposed by Mr K Barrow and seconded by Mr S Davenport that the report by the Head of Economic Growth and Prosperity, a copy of which is attached to the signed minutes, be received and agreed.

RESOLVED: That the report on background information in relation to any proposals concerning hydrocarbon gas exploration and development in Shropshire be noted.

To receive the report of the Portfolio Holder for Highways and Transport, attached marked 8.

Mrs C Wild presented her report, a copy of which is attached to the signed minutes, on undertaking her responsibilities as Portfolio Holder for Highways and Transport and invited questions from Members.

Mrs Wild amplified her report and responded to questions, queries and concerns raised by Members, including Mrs Barnes, Mrs Barrow, Mr Evans, Dr Jones, Mr Mosley, Mrs Motley, Mrs Parry, Mrs Shineton and Mrs Woodward.

RESOLVED:  That the contents of the report by the Portfolio Holder for Highways and Transport be received.

To receive the report from the Chairman of the Environment and Services Scrutiny Committee, attached marked 9.

Mr V Hunt presented a report, a copy of which is attached to the signed minutes, which gave an overview of the work of the Environment and Services Scrutiny Committee during 2013-14, the plans for the forthcoming year and its achievements in providing positive outcomes for local people.

RESOLVED:  That the contents of the Annual Report of the Environment and Services Scrutiny Committee be received.

To receive the report from the Portfolio Holder for Planning and Housing, attached marked 10.

Mr M Price presented his report, a copy of which is attached to the signed minutes, on undertaking his responsibilities as Portfolio Holder for Built Environment: Strategic Planning, Planning, Housing and Local Commissioner (Central) and invited questions from Members.

Mr Price amplified his report and responded to the questions, queries and concerns raised by Members including Mr Barker, Mrs Barnes, Mr Barrow, Mrs Fraser, Mr Hunt, Mrs Parry, Mrs Motley, Mr Tindall, and Mr Turner.

RESOLVED:  That the contents of the report by the Portfolio Holder for Built Environment, Strategic Planning, Planning and Local Commissioner (Central) be received.

To receive the report from the Portfolio Holder for Business Growth and ip&e, attached marked 11.

Mr S Charmley presented his report, a copy of which is attached to the signed minutes, on undertaking his responsibilities as Portfolio Holder for Business Growth, ip&e and Commissioning (North) and invited questions from Members.

Mr Charmley amplified his report and responded to the questions, queries and concerns raised by Members including Mr Bannerman, Mrs Barnes, Mr Cherrington, Mrs Fraser, Mr Mosley, Mrs Parry and Mrs Shineton.

Mrs Woodward, as Deputy Portfolio Holder, answered specific questions on the Shrewsbury and Museum Art Gallery and said that if anyone wanted to know more on this issue, to please contact her following the meeting.

RESOLVED:  That the contents of the report by the Portfolio Holder for Business Growth, ip&e and Commissioning (North) be received.

To receive the report from the Chairman of the Enterprise and Growth Scrutiny Committee, attached marked 12.

Mr S Davenport presented a report, a copy of which is attached to the signed minutes, which gave an overview of the work of the Enterprise and Growth Scrutiny Committee during 2013-14 and its plans for the forthcoming year.

RESOLVED:  That the contents of the Annual Report of the Enterprise and Growth Scrutiny Committee be received.

To receive the report from the Portfolio Holder for Performance, attached marked 13.

Mr T Barker presented and amplified his report, a copy of which is attached to the signed minutes, on undertaking his responsibilities as Portfolio Holder for Performance - a new Portfolio that had developed during the year in recognition of having a clear understanding about the impact of the commissioning decisions arising from the comprehensive change programme.  The report set out what had been achieved so far and the direction of change for the future.

RESOLVED:  That the contents of the report by the Portfolio Holder for Performance be received.

To receive the report from the Chairman of the Environment and Services Scrutiny Committee, attached marked 14.

Mr M Bennett presented a report, a copy of which is attached to the signed minutes, which gave an overview of the work of the Performance Management Scrutiny Committee during 2013-14 and provided a view of development plans for 2014/15 including some of the current key work programme topics.

RESOLVED:  That the contents of the Annual Report of the Performance Management Scrutiny Committee be received.

Report of the Head of Finance, Governance and Assurance is attached, marked 15.

Contact James Walton Tel 01743 255011.

It was proposed by the Leader, Mr K R Barrow, and seconded by Mr B Williams that the report, a copy of which is attached to the signed minutes and the recommendations contained therein, be received and agreed.

RESOLVED:

a)    That it be noted that the outturn for the revenue budget for 2013/14 was an underspend of £0.390m, which represented 0.06% of the original gross budget of £639m.

b)    That it be noted that the level of general balance stood at £14.497m, which was above the anticipated level included within the financial strategy.

c)     That it be noted that the level of school balances stood at £5.855m (2012/13 £4.953m).

d)    That it be noted that the outturn for the housing revenue account for 2013/14 was an underspend of £1.426m and the level of the housing revenue account reserve stood at £2.542m (2012/13 £1.041m).

Report of the Head of Finance, Governance and Assurance is attached, marked 16.

Contact James Walton Tel 01743 255011.

It was proposed by the Leader, Mr K R Barrow, and seconded by Mrs C Wild that the report, a copy of which is attached to the signed minutes and the recommendations contained therein, be received and agreed.

RESOLVED:

a)    That the budget variations of £17,700 to the 2013/14 capital programme, detailed in Appendix 1/Table 1 and the re-profiled 2013/14 capital budget of £47.4m be approved.

b)    That the re-profiled capital budgets of £71.4m for 2014/15, including slippage of £6.6m from 2013/14, £13.7m for 2015/16 and £5.3m for 2016/17 as detailed in Appendix 1/Table 4 be approved.

c)     That the outturn expenditure set out in appendix 1 of £40.7m, representing 85.9% of the revised capital budget for 2013/14 be accepted.

d)    That the Highways & Transport programme of schemes for delivery in 2014/15 be approved and that authority be delegated to the Area Commissioner South in consultation with the Portfolio Holder to approve any changes to the implementation plan of schemes for delivery in 2014/15, within the parameters of the outline capital programme.

e)    That the setting aside of capital receipt of £1.35m to replace the self-financed prudential borrowing previously applied to finance the Solar PV schemes be approved.  This will generate an ongoing revenue saving from 2014/15.

f)      That retaining a balance of capital receipts set aside of £13.25m as at 31st March 2014 to generate a Minimum Revenue Provision saving of £530,000 in 2014/15 be approved.

Report of the Head of Finance, Governance and Assurance is attached, marked 17.

Contact James Walton Tel 01743 255011.

It was proposed by Mr K Barrow, and seconded by Mr T Barker, that the report, a copy of which is attached to the signed minutes, be received and agreed.

RESOLVED:

a)    That the Council Charging Policy as detailed in Appendix A be approved.

b)    That the proposed officer delegations as detailed below be approved:

Where, in exceptional circumstances, it is necessary to amend fees and charges within a year from that agreed by full Council and any such amendments follow the principles set out in the approved charging policy, Directors in consultation with the appropriate Portfolio Holder for the service where fees and charges are being amended will have delegated authority to agree these changes subject to:

Any changes to the levels of fees and charge including the introduction of new charges resulting in a budget adjustment must be approved in line with the Council’s Virement rules (financial size).

Report of the Section 151 Officer is attached, marked 18.

Contact James Walton Tel 01743 255011.

It was proposed by Mr B Williams and seconded by Mr M Wood that the report, a copy of which is attached to the signed minutes and the recommendations contained therein, be received and agreed.

          RESOLVED:  That the Annual Assurance Report for 2013/14 be approved.

Report of the Performance Manager – Strategy Research and Performance is attached, marked 19.

Contact Tom Dodds Tel 01743 252011.

It was proposed by Mr M Bennett, and seconded by Mr T Biggins, that the report, a copy of which is attached to the signed minutes be received and agreed.

RESOLVED: That the changes to the Scrutiny Committee remits as set out in the report, be endorsed.

Report of the Director of Commissioning is attached, marked 20.

Contact George Candler Tel 01743 255003.

It was proposed by Mr K R Barrow, and seconded by Mrs C Wild that the report, a copy of which is attached to the signed minutes, and the recommendations contained therein, be received and agreed.

RESOLVED:

a)    That the commissioning strategy ‘Commissioning for the Future’ be approved and adopted.

b)    That the update on the Procurement Strategy be approved.

Report of the Head of Economic Growth & Prosperity is attached, marked 21.

Contact Andrew Evans Tel 01743 252003.

It was proposed by Mr M Price, and seconded By Mr D Turner that the report, a copy of which is attached to the signed minutes, and the recommendations contained therein be received and agreed.

Mr Turner praised the officers and parish councils who were all involved in this excellent work.

RESOLVED: That Shropshire Council as the Local Planning Authority ‘makes’ i.e. adopts the Much Wenlock Neighbourhood Plan and brings it into force as part of the Development Plan for Shropshire.

Report of the Head of Economic Growth & Prosperity is attached, marked 22.

Contact Andy Evans Tel  01743 252503.

It was proposed by Mr M Price, and seconded by Mr R Tindall that the report, a copy of which is attached to the signed minutes, be received and agreed.

RESOLVED:

a)    That submission of the draft Plan (Appendices A & B) as a ‘sound’ document for formal submission to the Secretary of State for Examination be approved.

b)    That the submission of the supporting documents attached as Appendices C to G be endorsed, and that authority be delegated to the Head of Economic Growth and Prosperity in consultation with the Portfolio Holder for Planning, Housing and Commissioning (Central) to approve the final version of these supporting documents to take account of the need for any minor editorial corrections prior to submission.

Report of the Chief Executive is attached, marked 23.

Contact Clive Wright Tel 01743 252007.

It was proposed by the Leader, Mr K R Barrow, and seconded by Mr S Charmley that the report and the recommendations contained therein, a copy of which is attached to the signed minutes, and an Addendum, which was circulated at the meeting, be received and agreed.

RESOLVED:

a)    That the continuance of the work to establish a University in Shropshire as set out in the report be approved.

b)    That work to further investigate the potential Council owned sites detailed in section 8 of this report for their appropriateness as either university teaching, research or residential accommodation for students be authorised.

c)     That a project budget of up to £1,000,000 to be spent and financed as outlined in section 4 of this report with authority delegated to the Chief Executive to approve spend against this budget, in consultation with the Leader of the Council be approved.

d)    That a further paper to be brought back to Council in September 2014, detailing the business case for the Council’s involvement in the Project, preferred sites, estimated construction costs and timescales and proposed planning and legal arrangements in relation to their use, seeking appropriate financial approval.

e)    That authority be delegated to the Chief Executive to undertake further discussions and negotiations with the University of Chester to formalise, as required, the future relationship with the University, subject to arrangements being brought back to Council for approval.

f)      That on-going discussions by University of Chester for funding to support the project, via the Higher Education Funding Council for England (HEFCE) be endorsed.

Report of the Director of Children’s Services is attached, marked 24.

Contact Karen Bradshaw Tel 01743 254201.

It was proposed by Mr N Bardsley, and seconded by Mrs K Calder that the report, a copy of which is attached to the signed minutes, be received and agreed.

RESOLVED: That the Youth Justice Plan, as attached at Appendix A, be approved.

Report of the Head of Public Protection is attached, marked 25.

Contact Paul McGreary Tel 01743 253868.

Proposed by Mr S Charmley and seconded by Mrs Woodward, that the report, a copy of which is attached to the signed minutes, be received and agreed.

RESOLVED: That the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 (‘the 1976 Act’) relating to hackney carriage and private hire vehicles shall apply to the Council’s administrative area and that in accordance with Section 45 of the 1976 Act public notice be given of the Council’s intention, at its meeting on 25 September 2014, to pass a resolution that Part II of the 1976 Act continues to be implemented within the area of Shropshire Council with effect from 27 October 2014 and that the Head of Public Protection is authorised and instructed to publish the public notices in the Shropshire Star newspaper and serve a copy of the notice on all parish and community councils within the Shropshire Council administrative area in accordance with the provisions of Section 45 of the 1976 Act.

Report of the Head of Legal and Democratic Services will follow, marked 26.

Contact Claire Porter Tel 01743 252763.

It was proposed by Mr K Barrow and seconded by Mr M Pate that the report by the Head of Legal and Democratic Services, a copy of which is attached to the signed minutes, and the recommendations contained therein, be received and agreed.

In addition to this it was further proposed by Mr R Evans and seconded by Mr M Kenny that Strategic Licensing Committee’s two Liberal Democrat members should be Councillors N Hartin and Mrs V Parry.  Substitutes would be Mr A Bannerman and Mr R Huffer and this was also duly agreed.

RESOLVED: That the Council confirms the revised allocation of seats to each of the political groups for the 2014/15 municipal year and the changes which were consequential on the result, namely:

a)    That the composition and revised allocation of seats on its committees and other bodies as detailed in the report be approved.

b)    That Councillor D Tremellen be appointed to the Performance Management Scrutiny Committee.

c)     That Councillor P Cherrington be appointed as substitute member for Councillor D Tremellen on the Performance Management Scrutiny Committee.

d)    That Councillor P Wynn be appointed to the Shropshire and Wrekin Combined Fire Authority in place of Councillor P Cherrington.

e)    That it be noted that Councillor K Turley has been appointed as substitute for the Independent Group on the Area Planning Committee – South in place of Councillor D Tremellen.

f)      That Cllr N Hartin and Mrs V Parry be appointed as the Liberal Democratic members on the Strategic Licensing Committee and that Substitutes would be Councillors A Bannerman and R Huffer.

To receive the report of the Shropshire and Wrekin Fire and Rescue Authority arising from its meeting held on 24 April 2014.

Report attached marked 27.

It was proposed by Mr S Westand seconded by Mr J Hurst-Knight that the report of the Shropshire and Wrekin Fire and Rescue Authority, a copy of which is attached to the signed minutes, be received and noted.

RESOLVED:  That subject to the foregoing the report of the Shropshire and Wrekin Fire and Rescue Authority be noted.