The Chief Executive reported that apologies for absence had been received from Mr T Bebb, Mr V Bushell, Mrs K Calder, Mr S Davenport, Mr J Hurst-Knight, Mrs J Mackenzie, Mr D Minnery, Mr M Price and Mr D Roberts.

A warm welcome was also extended to Mr D Kerr, new member for the Oswestry South ward, on attending his first Council meeting since being elected.

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.

Mrs A Chebsey declared an interest in report 9, Financial Statregy, and left the room whilst it was being debated – she had employment connections to the item – Reduction in Chlamydia Screening Budget.

To approve as a correct record the minutes of the previous meeting held on 17 December 2015, which are attached marked 3.

RESOLVED: That the Minutes of the meeting held on 17^th December 2016, 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.

87.1    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 17^th December 2016, which had been circulated at the meeting.

87.2    New Year’s Honours 2016

The Chairman reported that the following Shropshire residents had been awarded honours in the Queen’s New Year’s Honours List 2016 and advised that she had written to each of the recipients to congratulate them on their achievement:

Order of the British Empire (OBE)

Cathie Sabin

for services to tennis (Much Wenlock)

Jane Tomkinson

for services to NHS financial management (Whitchurch)

Medallist of the Order of the British Empire (BEM)

Mrs Freda Ridgway

for services to the community (Whitchurch)

Helen Francis

for charitable services in Trefonen (Oswestry)

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

          Public Questions

The Speaker advised that four public questions had been received in accordance with Procedure Rule 15 (a copy of the report containing the detail of the questions and the relevant formal responses is attached to the signed minutes).

Public Question 1

Received from Mrs J Brand and answered by Mr M Pate, the Leader, regarding the total cost of building the Guildhall, Shrewsbury, including costs of internal furnishings.

By way of a supplementary question Mrs Brand asked what it cost the Council to build the Guildhall and why was the Shirehall no longer re-locating there?

The Leader replied that the Guildhall had been given to the University of Chester for a nominal rent, which would be deferred until the University was in credit.  He also confirmed that they were paying full business rates.  The Guildhall had been built originally by Shrewsbury and Atcham Borough Council and was inherited by Shropshire Council at the time of unitary status (in 2009).  He undertook to look at this again and let Mrs Brand have a more detailed answer as far as possible after the meeting.

Public Question 2

Received from Ms M Gaunt and answered by Mr M Pate, Leader regarding the reputation of the County and the behaviour of the the ex-Leader in connection with ip&e.

By way of a supplementary question Ms Gaunt asked if the Leader could assure her that stringent measures would be put in place to prevent a similar breach of Shropshire Council’s Members Code of Conduct in the future.

The Leader assured Ms Gaunt that this would be taken seriously.

Public Question 3

Received from Mr N Richardson, on behalf of Churches’ Ludlow Under Pressure Group, and answered by Mr D Minnery, Portfolio Holder for Children and Young People about possibly funding a local community-wide initiative, managed by a church backed group.

By way of a supplementary question Mr Richardson asked if the Council could give the group any hope for possible funding for youth work in Ludlow in the medium- or long-term future, when the need for austerity cuts was judged to be over?  Or was this funding now ruled out on principle or a priori?

Unfortunately the Portfolio Holder for Children and Young People was not present at the meeting to answer the supplementary question in person, but the Speaker undertook to ensure that Mr Richardson would receive a written response from Mr Minnery following the meeting.

Public Question 4

Received from Mr D Kilby, Secretary to the Shropshire Playing Fields Association and answered by Mr M Price, Portfolio Holder for Planning, Housing, Regulatory Services and Environment about why it had no up to date Open Space Needs Assessment.

By way of a supplementary question Mr D Kilby stated that Mr Price had conceded in his response that Shropshire Council did not have a robust open space needs assessment in place as required by National Planning Policy.

It was likely that communities across Shropshire were being denied vital community  ...  view the full minutes text for item 88.

To receive any questions from Members, notice of which has been given in accordance with Procedure Rule 15.2, which are attached marked 6.

The Speaker advised that the following four questions had been received in accordance with Procedure Rule 15 (a copy of the report containing the detailed questions and their formal responses is attached to the signed minutes).

(i)              Received from Mr D Tremellen and answered by Mr M Price, Portfolio Holder for Planning, Housing, Regulatory Services and Environment regarding the maintenance of private rental properties in England.

There was no supplementary question.

(ii)             Received from Mr R Evans and answered by Mr P Adams, Deputy Portfolio Holder for Travel, Transportation and Parking regarding revenue collected from on-street parking in Shrewsbury.

By way of a supplementary question Mr Evans asked for the detail of the actual revenue collected from on-street parking and the numbers of actual users of Park and Ride for 2015/16 when known.  He also asked for the Quarter 2 and Quarter 3 figures.

In response Mr Adams agreed to provide this information to Mr Evans as far as possible.

(iii)            Received from Mr M Kenny and answered by Mr S Charmley, Portfolio Holder for Business and Economy regarding Fairtrade Fortnight in Shropshire.

There was no supplementary question.

(iv)           Received from Mr M Kenny and answered by Mr M Pate, Leader, regarding a Cabinet Member for Climate Change and what the Council was doing to tackle this.

By way of a supplementary question Mr Kenny asked if the Council would consider a Portfolio Holder specifically for Climate Change.

In response the Leader declined this request, but assured that the important issue of climate change was taken seriously and that it flowed across many of the existing portfolios.

Report of the Head of Legal & Democratic Services is attached marked 7.

Contact Claire Porter Tel 01743 252763.

The Leader, Mr M Pate, presented a report by the Head of Legal and Democratic Services, a copy of which is attached to the signed minutes, advising that Mr Duncan Kerr had been elected as Councillor to represent the Oswestry South ward on Thursday 4 February 2016.

Report of the Head of Legal & Democratic Services is attached marked 8.

Contact Claire Porter Tel 01743 252763.

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

An amendment was proposed by Mr M Kenny that ‘the Remuneration Panel should be asked to meet within the forthcoming 12 weeks’.  After some debate, this was accepted by the Leader and duly agreed.

RESOLVED:

a)       That the current Members Allowance Scheme, attached at Appendix 1 be approved.

b)       That the Remuneration Panel be asked to meet within the forthcoming 12 weeks.

Report of the Head of Finance, Governance and Assurance is attached marked 9.

Contact James Walton Tel 01743 255011.

It was proposed by the Leader Mr M Pate 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.

Mrs A Chebsey declared an interest in this report and left the room whilst it was being debated – she had employment connections to the item – Reduction in Chlamydia Screening Budget.

Mr A Mosley, Mr R Evans and Mrs P Dee exercised their right as Group Leaders to speak to the budget proposition.  After debate the Leader exercised his right to reply to the comments made on the Administration’s budget proposals as a whole.

On being put to a recorded vote the proposition was carried with 43 Members voting in favour and 17 against as follows:

FOR (43)

Mr P Adams, Mr N Bardsley, Mr T Barker, Mrs J Barrow, Mr T Biggins, Mr G Butler, Mr J Cadwallader, Mr D Carroll, Mr L Chapman, Mr S Charmley, Mr P Cherrington, Mr G Dakin, Mr A Davies, Mrs P Dee, Mr J Everall, Mrs A Hartley, Mr R Hughes, Mr V Hunt, Mr S Jones, Mr N Laurens, Mr C Lea, Mr D Lloyd, Mr R Macey, Mrs C Motley, Mrs P Mullock, Mr P Nutting, Mr W Parr, Mr M Pate, Mr J Price, Mr K Roberts, Mrs M Shineton, Mr R Tindall, Mr D Tremellen, Mr K Turley, Mr D Turner, Mr Walpole, Mr S West, Mrs C Wild, Mr B Williams, Mr L Winwood, Mr M Wood, Mrs T Woodward and Mr P Wynn.

AGAINST (17)

Mr A Bannerman, Mrs C Barnes, Mr A Boddington, Mr R Evans, Mrs H Fraser, Mr N Hartin, Mr R Huffer, Dr J Jones, Mr M Kenny, Mr D Kerr, Mrs H Kidd, Mr C Mellings, Mrs P Moseley, Mr A Mosley, Mr K Pardy, Mrs V Parry and Mr J Tandy.

RESOLVED:

a)    That the 2016/17 budget of £565.377m including the savings proposals detailed in Appendix 3 and excluding internal market adjustments be approved.

b)    That the changes required to the 2016/17 budget as a result of the Final Local Government Settlement, revised business rates and collection fund estimates and revised Adult Services growth projections be noted.   

c)     That the changes required to future years budgets as a result of the Final Local Government Settlement and a review of business rates and Adult Services growth projections be noted.

d)    That the revised funding gap for the years 2017/18 and 2018/19 be noted.

e)    That the revised Capital Programme as set out in the report be approved.

f)      That the potential requirement for virement between pay and non-pay (contract payment) budgets resulting from the review of ip&e Limited, which are not reflected in this report be noted.

g)    That the potential for investment and further savings proposals resulting from the review of the Council’s ICT requirements which are not  ...  view the full minutes text for item 92.

Report of the Head of Finance, Governance and Assurance is attached marked 10.

Contact James Walton Tel 01743 255011.

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

          RESOLVED:

a)     That the Treasury Strategy for 2016/17 be approved.

b)     That the Prudential Indicators, set out in Appendix 1, in accordance with the Local Government Act 2003, be approved.

c)     That the Investment Strategy, set out in Appendix 2 in accordance with the CLG Guidance on Local Government Investments be approved.

d)     That the Minimum Revenue Provision (MRP) Policy Statement, set out in Appendix 3, be approved.

e)     That the Section 151 Officer be authorised to exercise the borrowing powers contained in Section 3 of the Local Government Act 2003 and to manage the Council’s debt portfolio in accordance with the Treasury Strategy.

f)       That the Section 151 Officer be authorised to use other Foreign Banks which meet Capita’s creditworthiness policy and Money Market Funds again as required. 

g)     That the proposed Prudential Indicators that would enable the Authority to use the equivalent of up to 3% of Council Tax in 2016/17 or future years, to fund borrowing under the Prudential Code should the Council decide to do so, be noted.

Report of the Head of Finance, Governance and Assurance is attached marked 11.

Contact James Walton Tel 01743 255011.

It was proposed by the Leader, Mr M Pate and seconded by Mr P Nutting that the report of the Head of Finance, Governance and Assurance, a copy of which is attached to the signed minutes and the recommendations contained therein be received and agreed.

RESOLVED:

a.     That the breakdown of the total income for 2015/16 and in particular that the charges for discretionary services represent only £16.233m of the £55.560m of income derived from Fees and Charges be noted.

b.     That the charges for 2016/17 as detailed in Appendix 3 to be implemented 1 April 2016, recognising that managers have proposed varying policies for 2016/17 fees and charges ranging from a reduction or freeze in certain areas to above inflation level increases in others, based on the nature of the service, market forces, customer reaction and competition from other providers as well as the state of the economy be approved.  Any changes required further to ongoing reviews will be approved in line with the Council’s charging policy, officer delegations and the financial rules.

c.     Note that as previously agreed, any changes to fees and charges proposed by Shropshire Community Leisure Trust Ltd. in relation to the outsourced leisure facilities will only be referred to cabinet and council for approval if the proposed increases exceed Consumer Price Index (CPI) for the preceding November.

d.     Note that monitoring reports will identify adjustments required to income budgets in the financial strategy which may or may not be offset by corresponding adjustments to expenditure budgets.   

e.     Subject to restrictions or exemptions identified in the Welfare Reform and Work Bill Council approve the following;

                                               i.          That Social Housing Rents be reduced by 1% from 4^th April 2016.

                                              ii.          That Affordable rents for 2016/17 be reduced by 1% from 4^th April 2016.

                                            iii.          That Shared Ownership rents continue to be set at 2.75% of the outstanding capital value of the home.

                                            iv.          That Up to 58 Social rents be converted to Affordable rents in accordance with the Homes and Communities Agency grant funding for the Phase 2 new homes building programme.

                                             v.          That Service charges continue to be set on the basis of actual cost.

f.      That the Personal Budget Contributions Policy for Adult Services which was reviewed annually be approved.

Report of the Head of Finance, Governance and Assurance is attached marked 12.

Contact James Walton Tel 01743 255011.

It was proposed by the Leader, Mr M Pate, and seconded by Mr S Charmley, that the report of the Head of Finance, Governance and Assurance, a copy of which is attached to the signed minutes and the recommendations contained therein, be received and agreed.

On being put to a recorded vote the proposition was carried with 45 Members voting in favour, 1 against and 12 abstentions as follows:

FOR (45)

Mr P Adams, Mr N Bardsley, Mr T Barker, Mrs J Barrow, Mr T Biggins, Mr G Butler, Mr J Cadwallader, Mr D Carroll, Mr L Chapman, Mr S Charmley, Mr P Cherrington, Mr G Dakin, Mr A Davies, Mrs P Dee, Mr D Evans, Mrs A Hartley, Mr R Hughes, Mr V Hunt, Dr J Jones, Mr S Jones, Mr D Kerr, Mr N Laurens, Mr C Lea, Mr D Lloyd, Mr R Macey, Mrs C Motley, Mrs P Mullock, Mr P Nutting, Mr W Parr, Mr M Pate, Mr J Price, Mr K Roberts, Mrs M Shineton, Mr J Tandy, Mr R Tindall, Mr D Tremellen, Mr K Turley, Mr D Turner, Mr A Walpole, Mr S West, Mrs C Wild, Mr B Williams, Mr M Wood, Mrs T Woodward and Mr P Wynn.

AGAINST (1)

Mr A Boddington

ABSTENTIONS (12)

 Mrs C Barnes, Mrs A Chebsey, Mr R Evans, Mrs H Fraser, Mr N Hartin, Mr R Huffer, Mr M Kenny, Mrs H Kidd, Mr C Mellings, Mrs P Moseley, Mr K Pardy and Mrs V Parry.

RESOLVED:

a)    That a 3.99% Council Tax rise be approved, resulting in a basic amount of council tax for a Band D property of £1,211.19 in the billing authority’s area, calculated in accordance with the provisions of the Local Government Finance Act 1992 (section 44) and the Local Government (Structural Changes) (Further Financial Provisions and Amendment) Regulations 2008.

b)    That in accordance with the provisions of Section 40 (2) of the 1992 Act, the amount of Council Tax calculated for each category of dwelling in the billing authority’s area be as follows:

c)     That a total precept of £127,068,947 be levied.

d)    That the formal council tax resolution as set out in Appendix 1 to determine the levels of Council Tax for Shropshire Council for 2016/17 be approved.

Report of the Head of Legal & Democratic Services WILL FOLLOW marked 13.

Contact Claire Porter Tel 01743 252763.

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

RESOLVED:

(a)            That the updated draft terms of reference for the Health and Wellbeing Board be approved.

(b)      That the recommendation of the Enterprise & Growth Scrutiny Committee to amend the Constitution in respect of Part 4 – Council Procedure Rules to prevent a local member from joining a Planning Committee and discussing that item where the item concerns that Member’s electoral division as follows be endorsed:-

                    That paragraph 6.1 be amended to read:-

“Except in relation to a Regulatory Planning Committee A Member of the Council may attend a meeting of any Committee of which

he/she is not a member and “participate” in  the discussion of an  item, but  not to vote upon an item on the agenda, provided the  itemconcerns that Member’s electoral division.  Such Members will observe the same confidentiality conventions as apply to members of the Committee in question.”

c)       That the Constitution be amended in respect of Part 5 – Local Protocol for Councillors and Officers dealing with Regulatory Matters, to allow the Local Member to make representations for up to five minutes prior to the debate commencing including an opportunity for questions to be asked as follows:-

15.          Members Speaking on Applications within their own Ward

15.1        Planning Committee members do not vote or take part in the Committee debate or voting when applications from their own electoral division are considered.

15.2        The local Member may address the Committee for up to five minutes, they may ask up to two questions of the Committee and may be asked questions by the Committee.

(The Member will then physically move away from the Committee ‘table’ but stay in the room). This will allow Members to speak freely on applications from their own area and to provide advice to their local Parish/Town Councils on these matters.”

          d)       That the updates to the terms of reference of the Shropshire and Telford & Wrekin Joint Health Overview Scrutiny Committee be approved.

e)       That, with regard to public questions at meetings of the Council and its Committees/Sub-Committees, members of the public to be provided with a written response to their submitted question ahead of the meeting in order to allow them sufficient time for consideration of a supplementary question [if required], up to three minutes to be allowed for the supplementary question to be asked and the current reference to ‘statement’ to be deleted.

f)        That questions from Members be moved to the end of the Council Agenda.

g)              That the Scheme of Delegation within Part 8 of the Council’s Constitution be amended to clarify Committee and Officer delegations resulting from the Council’s adoption of the Gambling Act 2005 Policy Statement 2016 to 2019.

Report of the Director of Commissioning is attached marked 14.

Contact George Candler Tel 01743 255003.

It was proposed by Mr K Roberts, and seconded by Mr A Davies,  that the report of the Director of Commissioning, a copy of which is attached to the signed minutes and the recommendations contained therein, be received and agreed.

RESOLVED:

a)    That the proposed Gambling Policy Statement as set out in Appendix 1 and delegating authority to the Head of Public Protection to publish the policy statement and to advertise it in accordance with the provisions of the Gambling Act 2005, be approved.

b)    That the Gambling Policy Statement will take effect from 1 April 2016.

To confirm the following changes of membership:

Audit Committee

The appointment of Mr D Turner as a full Member to replace Mr M Wood.

The appointment of Mr N Laurens and Mr A Davies as Substitute Members.

North Planning Committee

The appointment of Mr R Hughes as a full Member to replace Mr D Minnery.

South Planning Committee

The appointment of Mr W Parr as a full Member to replace Mr S West.

          Standards Committee

The appointment of Mr D Carroll and Mr J Everall as full Members to replace Mrs S West and Mr M Wood respectively.

          Strategic Licensing Committee

The appointment of Mr N Laurens as a full Member to replace Mr M Wood

The appointment of Mr J Cadwallader, Mr D Turner and Mr P Wynn as Substitute Members.

          Enterprise and Growth Scrutiny Committee

The appointment of Mr P Wynn as a full Member to replace, former councillor, Mr M Bennett.

The appointment of Mr G Butler as Substitute Member. 

Young People’s Scrutiny Committee

The appointment of Mr A Walpole as Substitute Member. 

Environment and Services Scrutiny Committee

The appointment of Mr D Carroll as a full Member to replace Mr P Adams

The appointment of Mr T Barker as Substitute Member. 

Health and Adult Social Care Scrutiny Committee

The appointment of Mr P Adams and Mr D Evans as full Members to replace Mrs C Motley and Mr D Minnery respectively.

          It was proposed by the Speaker, seconded by the Chairman and

RESOLVED:  That the following appointments to committees be confirmed:

Audit Committee

The appointment of Mr D Turner as a full Member to replace Mr M Wood.

The appointment of Mr N Laurens and Mr A Davies as Substitute Members.

North Planning Committee

The appointment of Mr R Hughes as a full Member to replace Mr D Minnery.

South Planning Committee

The appointment of Mr W Parr as a full Member to replace Mr S West.

Standards Committee

The appointment of Mr D Carroll and Mr J Everall as full Members to replace Mr S West and Mr M Wood respectively.

Strategic Licensing Committee

The appointment of Mr N Laurens as a full Member to replace Mr M Wood

The appointment of Mr D Kerr as a full Member to replace Mr S Davenport

The appointment of Mr J Cadwallader, Mr D Turner and Mr P Wynn as Substitute Members.

Enterprise and Growth Scrutiny Committee

The appointment of Mr P Wynn as a full Member to replace, former councillor, Mr M Bennett.

The appointment of Mr G Butler as Substitute Member.  

Young People’s Scrutiny Committee

The appointment of Mr A Walpole as Substitute Member.  

Environment and Services Scrutiny Committee

The appointment of Mr D Carroll as a full Member to replace Mr P Adams

The appointment of Mr T Barker as Substitute Member.  

The appointment of Mr J Price as a Substitute Member

Health and Adult Social Care Scrutiny Committee

The appointment of Mr P Adams and Mr D Evans as full Members to replace Mrs C Motley and Mr D Minnery respectively.

Performance Management Scrutiny Committee

The appointment of Mrs C Wild as a full Member to replace Mr D Minnery

The following motion has been received in accordance with Procedure Rule 16 from Councillor Andy Boddington:

“Ministers are reported to be lobbying to bring planning applications for fracking within the Planning Act 2008 regime for nationally significant infrastructure projects. This would mean any application for exploration or extraction within Shropshire would be determined by a Secretary of State in Westminster on the advice of a planning inspector in Bristol. 

Shropshire Council opposes any move to make decisions on shale oil and gas extraction outside our county. 

The Council will write to ministers to make an unequivocal statement that it believes that decisions on planning applications for shale oil and gas extraction must be made by local planning authorities. The Council will also enlist the help of county MPs to in making the Council's view known to ministers.”

The following motion was originally proposed by Mr A Boddington;

“Ministers are reported to be lobbying to bring planning applications for fracking within the Planning Act 2008 regime for nationally significant infrastructure projects. This would mean any application for exploration or extraction within Shropshire would be determined by a Secretary of State in Westminster on the advice of a planning inspector in Bristol. 

Shropshire Council opposes any move to make decisions on shale oil and gas extraction outside our county. 

The Council will write to ministers to make an unequivocal statement that it believes that decisions on planning applications for shale oil and gas extraction must be made by local planning authorities. The council will also enlist the help of county MPs to in making the council's view known to ministers.”

An amendment was put by Mr M Pate on behalf of the conservatives which was as follows;

“To delete all words after “Ministers” in the first line and to add the following wording:-

(Ministers) “are understood to be considering giving the Secretary of State powers to determine unilaterally all applications nationwide for fracking. This Council congratulates the efforts of the Administration in making sure that local planning decisions are made locally in Shropshire. The Council will also resist any attempt to give the Secretary of State powers to determine unilaterally all applications nationwide for shale oil, gas and mineral extraction.  Shropshire Council believes that such a proposal would be contrary to normal democratic planning procedures and requests Shropshire’s MP’s to oppose any such changes to current practice.”

Mr Boddington was happy to accept the amendment and in doing so agreed that this was a localism issue.  After some debate and on being put to the vote, the amended motion was carried with a large majority of members voting in favour.