Council

Wednesday 6 January 2016 7:00 PM

King Alfred Conference Chamber, Guildhall, Winchester

NOTICE IS HEREBY GIVEN that an Ordinary Meeting of the Council will be held at 7.00pm on Wednesday 6 January 2016 in the King Alfred Conference Chamber, The Guildhall, Winchester and all Members of the Council are summoned to attend.

Officer

David Blakemore
Position: Democratic Services Manager
Telephone: 01962 848217
Email: dblakemore@winchester.gov.uk

Minutes and Related Downloads

Minutes, 6 January 2016 64KB

Business Items

1 - To confirm the Minutes of the Ordinary Meeting of the Council held on 4 November 2015 (less exempt minute).

Minutes, 4 November 2015 50KB

2 - To receive any communications from the Mayor, Leader or Chief Executive.

3 - Disclosure of Interests

To receive any disclosure of interests from Members or Officers in matters to be discussed.
Note: Councillors are reminded of their obligations to declare disclosable pecuniary interests, personal and/or prejudicial interests in accordance with the Council’s Code of Conduct.

4 - To answer questions under Council Procedure Rule 14.


All Questions 303KB

5 - To receive petitions (if any) under Council Procedure Rule 15.


6 - To consider and determine the following Recommended Minutes:

a) i) Cabinet – 2 December 2015
DRAFT PORTFOLIO PLANS 2016/17
Recommended Minute 416 (Page 391)
(Report *CAB2741 refers)

ii) The Overview and Scrutiny Committee – 7 December 2015
DRAFT PORTFOLIO PLANS 2016/17
Recommended Minute 459 (Page 440)
(Report *CAB2741 refers)

iii) DRAFT PORTFOLIO PLANS 2016/17
(Report CL119 (white paper) refers)

*Report CAB2741 is available electronically but has not been reproduced in paper form as its updated contents appear in Report CL119.

b) i) Cabinet (Housing) Committee – 30 November 2015
HOUSING REVENUE ACCOUNT (HRA) REVISED BUDGET, BUSINESS PLAN AND BUDGET OPTIONS REPORT
Recommended Minute (Report CL120 refers)
(Report CAB2738(HSG) (cream paper) refers

c) Audit Committee – 3 December 2015
TREASURY MANAGEMENT MID-YEAR REVIEW 2015/16
Recommended Minute 451 (Page 435)
(Report AUD137 (lilac paper) refers

d) i) Cabinet – 2 December 2015
ELECTORAL REVIEW OF HAMPSHIRE: DRAFT RECOMMENDATIONS
Recommended Minute 423 (Page 400)
(Report CAB2753 (yellow paper) refers)

ii) The Overview and Scrutiny Committee – 7 December 2015
ELECTORAL REVIEW OF HAMPSHIRE: DRAFT RECOMMENDATIONS
Recommended Minute 463 (Page 443)
(Report CAB2753 (yellow paper) refers)

e) i) Cabinet – 2 December 2015
REVIEW OF LOCAL COUNCIL TAX REDUCTION SCHEME
Recommended Minute 421 (Page 397)
(Report CAB2740 (green paper) refers)

ii) The Overview and Scrutiny Committee – 7 December 2015
REVIEW OF LOCAL COUNCIL TAX REDUCTION SCHEME
Recommended Minute 461 (Page 442)
(Report CAB2740 (green paper) refers)

iii) REVIEW OF LOCAL COUNCIL TAX REDUCTION SCHEME - UPDATE
(Report CL118 (white paper) refers) 

f) i) Cabinet – 2 December 2015
UPDATE ON CREATIVE ENTERPRISE CENTRE, STREET CARE DEPOT AND STORAGE PREMISES, WINCHESTER (LESS EXEMPT APPENDICES)
Recommended Minute 422 (Page 398)
(Report CAB2750 (cream paper) refers)

ii) The Overview and Scrutiny Committee
– 7 December 2015
UPDATE ON CREATIVE ENTERPRISE CENTRE, STREET CARE DEPOT AND STORAGE PREMISES, WINCHESTER (LESS EXEMPT APPENDICES)
Recommended Minute 465 (Page 445)
(Report CAB2750 (cream paper) refers

CAB2741 744KB
CAB2738(HSG) 160KB
CL120 18KB
CL119 399KB
AUD137 196KB
CAB2753 74KB
CAB2753 - Appendix 1 102KB
CAB2753 - Appendix 2 2.1MB
CAB2740 114KB
CL118 39KB
CL118 - Appendix A 1.2MB
CL118 - Appendix B 148KB
CAB2750 145KB

7 - Notices of Motion

i) To consider the following Notice of Motion to be moved by Councillor Burns:

"That, in view of the fact that the contractor has failed to satisfy conditions as follows:
1) funding provision, affordable house provision and viability conditions;
2) a Work Commencement Date condition;
3) pre-commencement of work conditions under the Development Agreement dated 22nd December 2004, and
4) conditions precedent to the grant of planning permission dated 9th February 2009,
this Council recommends to Cabinet that the Council issues notice to terminate the contract with THRE (trading as Silverhill Winchester (No 1) Limited) forthwith, so that it might proceed to procure the contract in a lawful fashion."


ii) To consider the following Notice of Motion to be moved by Councillor Janet Berry:

“This Council notes that food is essential to life, has a major influence on health and well-being, is important in our ability to participate in society, that poor diet is a significant contributor to ill-health, and that food poverty is damaging to the health and wellbeing of individuals and communities.

This Council believes that taking action on food can provide an opportunity not only to address these issues, but also to improve the economy and vitality of the city, promoting a vibrant and varied sustainable food economy.

This Council is further concerned that more needs to be done to reduce food waste and the impact of the food system on the environment.

This Council resolves to work in a cross-sector partnership approach to investigate action around food that can bring economic, social, educational and environmental benefits to Winchester and its residents, including working towards Sustainable Food City status and developing a food strategy and action plan.”


iii) To consider the following Notice of Motion to be moved by Councillor Tod:

“This Council notes:

• that Local Plan Policy CP3 states “In order to help meet affordable housing needs, all development which increases the supply of housing will be expected to provide 40% of the gross number of dwellings as affordable housing, unless this would render the proposal economically unviable.”
• that developers are increasingly challenging social and affordable housing contributions on the grounds of viability
• that some councils are now successfully introducing policies designed to address this issue
• that, in a series of rulings, the Information Commissioner is requiring increasing amounts of the information provided in viability calculations to be made publicly available for proper public scrutiny.

This Council believes there is a strong public interest in protecting the provision of social and affordable housing in the Winchester District and that it should introduce the toughest possible policies in order to prevent developers and landowners using viability assessments to unjustifiably reduce their contribution to social and affordable housing in the district.

This Council therefore resolves to ask Cabinet to bring forward a policy statement including the following key elements:-

• All developers putting forward schemes which don’t meet our affordable housing policies will be required to submit an Open Book Viability Assessment
• Any Viability Assessment submitted by any developer must be reviewed by an independent external expert at the cost of the applicant;
• In addition, the Council will require that a statutory declaration is signed by a director of the applicant company and a suitable representative of the organisations providing development finance that all the information in their statement is true and accurate;
• The council will also require a legal declaration that the developer’s agent is not instructed on a performance related pay basis whereby their fees increase if they are successful in reducing planning obligations;
• Throughout any viability review process the Council should follow a policy of maximum legal openness - as a minimum, in line with the most recent rulings of the Information Commissioner at that time;
• Where a lower proportion of affordable housing is accepted by the Council as an exception, a clawback clause should be included in the Section 106 Agreement to secure higher affordable housing contributions if sales and viability turn out better than predicted.”

8 - The making or termination of appointments to bodies set up by the Council.


Exempt Business

In accordance with the Local Government Act 1972 the Committee will decide whether it wishes to consider the following items under Exempt Business. If it decides to do this, the public will be asked to leave the meeting whilst consideration of these items takes place. For this reason the reports are not available on the website. Please contact the Committee Administrator for further details.

10 - To confirm the Exempt Minute of the Ordinary Meeting of the Council held on 4 November 2015.


Exempt Minute, 4 November 2015

11 - To consider and determine the following Recommended Exempt Minutes:

g) i) Cabinet – 2 December 2015
UPDATE ON CREATIVE ENTERPRISE CENTRE, STREET CARE DEPOT AND STORAGE PREMISES, WINCHESTER (EXEMPT APPENDICES)
Recommended Minute 422 (Page 398)
(Report CAB2750 (pink paper) refers)

ii) The Overview and Scrutiny Committee – 7 December 2015
UPDATE ON CREATIVE ENTERPRISE CENTRE, STREET CARE DEPOT AND STORAGE PREMISES, WINCHESTER (EXEMPT APPENDICES)
Recommended Minute 465 (Page 445)
(Report CAB2750 (pink paper) refers

CAB2750 - Exempt Appendices B - E