Agenda and draft minutes

To confirm as a correct record the minutes of the Council meeting held on 18 July 2024.

The minutes of the Council meeting held on 18 July 2024 were agreed as a correct record of proceedings.

To receive any disclosures of interest from Councillors in accordance with the Council’s Code of Conduct for Members.

Councillors Attewell, Boparai, and Sexton advised they were also Surrey County Councillors.

Councillor Saliagopoulos declared an interest in Item 8, Local Plan – Resumption of Examination, and stated she would leave the Chamber during discussion of this item.

To receive any announcements from the Mayor.

The Mayor made the following announcements:

“As Mayor of Spelthorne, it is my duty to preside over council meetings and also representing the Council at civic and ceremonial events. Since assuming office as mayor, I have been serving  as a dedicated ambassador, engaging with our community and supporting local initiatives. Over the past five months, I had the privilege to participate in a wide range of events and activities within our borough. I am now going to report on the highlights of my key engagements and initiatives undertaken from July to October 2024.

1.     Local Businesses

Let me start with local businesses. I strongly believe that fostering growth of small enterprises in our borough is vital to our local economy.  Over the past few months, I had the pleasure of officially opening a few new businesses in the borough namely Attic Self Storage in Sunbury, a new facility providing essential services to small businesses and Tadka Indian Restaurant in Staines, a place to explore and enjoy meals with family and friends. I further attended the Spelthorne Business Forum breakfast meeting, where I expressed my gratitude and thank over 50 local business leaders for placing their trust and choosing Spelthorne for doing their business.  I also used the opportunity to promote my four nominated charities.

2.    Job and Skills Hub

To support our residents to  achieving their career goals, I officially opened the Spelthorne Job and Skills Hub to support residents to improve their CV writing, interview skills and find their dream job.

3.     Promoting Sports and Leisure.

The last three months, I supported several Sports events. I had the privilege of opening the state-of-the-art Eclipse Leisure Centre in Staines, boasting 200 station gym, 2 swimming pools, sports halls, squash courts and roof top football pitches. Such facility will undoubtedly enhance the quality of life, health and wellbeing of many residents of Spelthorne.

At another event at Spelthorne Eagles Basketball Club, I was proud seeing children given the opportunity to have fun and learn a new sport.

Furthermore, I supported Staines & Lammas FC, and I had the honour of presenting the winning team with a shield.

I was also involved in presenting awards at the Jump Racing event at Kempton Park.

I had the pleasure of attending the Sunbury and Shepperton Amateur Regatta for their annual regatta competition.

All the above events were fantastic opportunities to celebrate local sporting excellence and also bringing our community together.

4.    Music in the Park

After sports events, Spelthorne celebrated their 50th Anniversary with Music in the Park events, which was very successful in the summer. This brought joy and harmony to the residents of our borough, thanks to our dedicated Spelthorne Leisure Department Team.

5.     Communities and Cultures

My next engagement was to celebrate our Communities and Cultures.  I had the opportunity to attend a variety of cultural and community events, the 17th anniversary of NepalBritain.com, where they celebrated the contributions of the Nepali community to British society. Moreover, I was invited to another  ...  view the full minutes text for item 90/24

To receive any announcements from the Leader.

The Leader and Deputy Leader made the following announcements:

The Leader:

It has been 18 months since this Administration was elected to lead Spelthorne Borough Council and it feels right that it is time to reflect on all we have achieved as a Council.

The past year and a half has shown once again that in Spelthorne, we have continued to deliver for our residents and have made significant accomplishments in every area of Council business. At the start of this year we launched our Corporate Plan, setting out the Administration’s values and priorities over the next five years. We have defined our goals for the Borough, set around five themes: community, addressing housing need, resilience, environment and Services.

Yes, we face ongoing difficulties as national challenges continue to affect local services, and this will be the case for some time. But our successes clearly point to a strong and all-inclusive leadership and highly dedicated and resilient staff.

In February we delivered our balanced budget for the next year, and I outlined how our careful planning ensured we have sufficient contingencies in place to deliver the services our residents expect from us. Much work has already been undertaken for next year’s budget, working collaboratively with Councillor Committee Chairs and by listening to our residents and understanding their needs.

We were delighted to receive over 1700 responses to the Residents’ survey this summer. The insights collected have provided us with invaluable feedback on our core services and ideas on how we can do things differently to benefit our community.   Compared with the LGA averages, Spelthorne scored particularly well in relation to service delivery, value for money, trust, keeping residents informed, and listening and acting on residents’ views”.

The Deputy Leader:

“We continually evolve as an organisation, looking at new and improved ways to reach our goals. The transformation and smarter working programmes within the Council continue to achieve budget savings or reduce future costs, while improving outcomes.

We are working effectively to reduce our debt, this has included lowering the agreed borrowing limits, ensuring we will leave behind a legacy for our younger residents in Spelthorne. The Administration has also agreed a Development Delivery Strategy, setting out a pathway for achieving housing and regeneration outcomes through Joint Ventures and partnership working.

We’ve had the responsibility of administering additional Government and Council grants to support our residents this year and have ensured these have been fully utilised. This includes £546,000 from the Household Support Fund and £252,700 in community grants, to support households and organisations meeting the challenges of the cost of living, whilst also maintaining our Warm Hubs for the second year running. We have also co-ordinated the £1.2 million pounds grant funding received so far to support the Homes for Ukraine programme. This Council has also delivered the largest Local Authority Housing Fund Temporary Accommodation and resettlement housing programme of any district or borough council in the country, providing homes for those in need.

In spite of growing construction  ...  view the full minutes text for item 91/24

To receive any announcements from the Chief Executive.

The Deputy Chief Executive made the following announcements on behalf of the Chief Executive:

“We have received the good news that the Sunbury Walled Garden and Staines, Sunbury and Ashford Cemeteries have all received Gold awards in the prestigious South & South East in Bloom awards. One of our most important roles as a Council is to create beautiful green spaces which enrich the lives of our residents, and it is really nice to know we are doing a good job in this regard. Many thanks and congratulations to the teams in Neighbourhood Services who work tirelessly to ensure these public spaces can be enjoyed to the full; their hard work and dedication is much appreciated and a credit to this Borough.

It has been four years since we declared a climate emergency in Spelthorne and our aim of becoming a carbon neutral council by 2030. With this target in mind, we have been running carbon literacy training which involves staff learning about the threats of climate change and pledging two actions that will help reduce carbon emissions in the workplace. I am pleased to say that over 100 employees and several councillors have already received their carbon literacy certificates following the training, and as a result of reaching this milestone, Spelthorne has been accredited as a Bronze-tier carbon literate organisation. Very well done to everyone who has taken part and helped deliver the training.”

The Leader, or their nominee, to answer any questions raised by members of the public in accordance with Standing Order 13.

Council has received two questions from members of the public which is attached.

The Mayor reported that, under Standing Order 14, two questions had been received from a member of the public.

Question 1 from Alderman Robin Sider BEM:

“Each year, The Royal Horticultural  Society organises a competition called  ‘ It’s Your  Neighbourhood’. It attracts some 4000 entries, and is open to all boroughs throughout the country, and is designed to encourage community groups to promote horticulture and gardens in their respective communities. Last year, the entry of Shepperton Village Conservation Group was graded as ‘Thriving’ This year they were graded ‘Outstanding’ for their work on Lords Bridge Garden which is located at the bottom of Shepperton High Street. To have been in competition with some 4000 entries from all over the country, will the Leader of the council join me in congratulating Shepperton Village Conservation Group on this magnificent achievement.”

Response from The Leader:

“Thank you for your question Alderman Sider. Yes, I would very much like to send my congratulations to the Shepperton Village Conservation Group for their award, which I am sure was well deserved.

It is always heartening to hear of residents taking a pride in their community and helping to make Spelthorne a  lovely place to live”.

Question 2 from Alderman Robin Sider BEM:

“The new leisure centre demonstrates the boroughs ‘pursuance of health and fitness. Will the Leader of the council join me in congratulating the Contractors for their construction, Officers for their diligence in overseeing the project, and those  members of the council who had the courage to support this vision several years  ago and who  have now seen this wonderful achievement come to fruition ?”

Response from The Leader:

“The Eclipse Leisure Centre is a fantastic facility for all the residents of Spelthorne. We are very proud of everything that has been achieved and the fact we have delivered the largest, most advanced and energy efficient centres in the world. It represents a significant investment in the health and wellbeing of local people and will serve the community for many years to come. I would like to express my thanks to the CEX, Daniel Mouawad and all Council Officers for driving forward the development of this landmark facility and to all our partners who have worked with us on the project."

Report to follow.

Councillor Gibson declared an interest in this item and stated she would leave the Chamber during the discussion.

Council resolved to:

1.    Note that the Environmental Agency had signed a Statement of Common Ground (SoCG),

2.    Agree to keep the Green Belt allocations in the Local Plan as submitted to the Planning Inspectorate on 25 November 2022,

3.    Agree to delegate authority to the Group Head of Place, Protection and Prosperity in consultation with the Chair of the Environment and Sustainability Committee, to undertake any further consultation required by the Planning Inspector; and

4.    Agree to delegate authority to the Group Head of Place, Protection and Prosperity in consultation with the Chair of the Environment and Sustainability Committee, to prepare a main modification to the Local Plan, for the new policy on ‘Local Plan Early Review’.

Council is asked to:

1)    Approve the Heads of Terms for the Council to enter into an Agreement of Lease with the proposed tenant for the Waterfront Site, Bridge Street, Staines-upon-Thames to facilitate the delivery of a new hotel led regeneration on this prime riverside site,

2)    Delegate authority to the Chief Finance Officer in consultation with the Leader to agree any minor variations to the Heads of Terms and the final terms of the Agreement for Lease subject to valuation advice received,

3)    Delegate authority to the Group Head of Corporate Governance in consultation with the Leader to finalise and enter into the Agreement for Lease and any other associated documentation in connection with the grant of the Lease to the proposed tenant; and

4)    Note the Local Government Act S.123  ‘Best Value’ valuation undertaken by Cushman and Wakefield in respect of the proposed terms of this transaction.

Appendices 1, 2 and 3 contain exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006 Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in any contract or other type of negotiation with the proposed contractor who could then know the position of the Council. 

It was proposed by Cllr Sexton and seconded by Cllr Bateson to move the exclusion of the Press/Public for Appendices 1, 2 and 3 as they contained exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to Information)(Variation) Order 2006 Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in any lease, contract or other type of negotiation with the tenant or developer, who could then know the position of the Council.

Council moved back into an open session to take a vote on this item. Cllr Boughtflower requested a named vote.

Council resolved to:

1.    Approve the Heads of Terms for the Council to enter into an Agreement for Lease with the proposed tenant for the Waterfront Site, Bridge Street, Staines-upon-Thames to facilitate the delivery of a new hotel led regeneration on this prime riverside site,

2.    Delegate authority to the Chief Finance Officer in consultation with the Leader to agree any minor variations to the Heads of Terms and the final terms of the Agreement for Lease subject to valuation advice received,

3.    Delegate authority to the Group Head of Corporate Governance in consultation with the Leader to finalise and enter into the Agreement for Lease and any other associated documentation in connection with the grant of the Lease to the proposed tenant; and

4.    Note the Local Government Act S. 123 ‘Best Value’ valuation undertaken by Cushman and Wakefield in respect of the proposed terms of this transaction.

Council is asked to

1)    Approve the introduction of a Development Delivery Strategy;

2)    Approve the form and content of the draft Development Delivery Strategy attached to the report;

3)    Approve the prioritisation list of development site delivery;

4)    Approve that the prioritisation list of development site delivery shall form part of the Development Delivery Strategy.

Appendix 2 contains exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to Information) (Variation) Order 2006 Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in any contract or other type of negotiation with the proposed provider who could then know the position of the Council.

Council resolved to approve:

1.    The introduction of a Development Delivery Strategy,

2.    The form and content of the draft Development Delivery Strategy attached to the Committee report,

3.    The prioritisation list of development site delivery; and

4.    That the prioritisation list of development site delivery shall form part of the Development Delivery Strategy.

Council is asked to approve the amendment to the Treasury Management Strategy for 2024/2025 as set out in the report.

Report to follow.

Council resolved to approve the amendment to the Treasury Management Strategy for 2024/25 as set out in the Committee report.

Council is asked to consider a recommendation from the Licensing Committee to approve the Gambling Act Policy 2025-2028.

Council resolved to approve the Gambling Act Policy 2025-2028.

To approve the proposed changes to the Council’s Constitution.

Council resolved to approve the changes to the Constitution as set out in Appendix 1 of the Committee report.

To receive and agree the reports from the Committee Chairs.

The Chairs of the Committees presented reports which outlined the matters their Committees had considered since the last Council meeting.

Council resolved to note the Chair’s reports.

To receive any motions from Councillors in accordance with Standing Order 16.

At the date of publication 1 motion was received as follows:

Motion 1 –

Proposed by –          Cllr S Mooney

Seconded by–          Cllr M Lee

Members will be aware that Article 4 is a direction of the General Permitted Development Order which enables a local planning authority to withdraw specified permitted development rights and bring decisions in relation to HMOs to the Planning Committee.

With increasing demand for HMOs and growing complaints from residents across the Borough, this motion is requesting that the existing Article 4 direction in place for specific wards should be extended to the whole of the Spelthorne Borough Council area.

In accordance with Standing Order 16 the Council received one written Notice of Motions.

Councillor Mooney moved and Councillor Lee seconded the following motion:

“Members will be aware that Article 4 is a direction of the General Permitted Development Order which enables a local planning authority to withdraw specified permitted development rights and bring decisions in relation to HMOs to the Planning Committee.

With increasing demand for HMOs and growing complaints from residents across the Borough, this motion is requesting that the existing Article 4 direction in place for specific wards should be extended to the whole of the Spelthorne Borough Council area.”

The Mayor advised the chamber that, in consultation with the Council’s Interim Monitoring Officer, he had decided to implement Standing Order 16.6 of the Council’s Constitution that allowed for a motion to be referred to an appropriate committee to be considered. Standing Order 16.9 of the Council’s Constitution would allow the proposer and seconder of the motion to present their motion to the committee that it was referred to.

Council were advised that there would be no further discussion or debate on the motion.

The Leader, or their nominee, to answer questions from Councillors on matters affecting the Borough, in accordance with Standing Order 14.

One question has been received from a member (as per attached).

The Mayor reported that one general question had been received, in accordance with Standing Order 15, from Councillor Boughtflower:

“Given this Council could be in a better financial position, will the artificial constraints (excluding the 14 stories height limit) on developing the Oast House site be removed, as the extra development potential could bring in significant extra funds. The extra dwellings would also make up our housing shortfall created by the loss of 30 plus dwellings, because of the Environment Agency’s objections and meeting the Government’s aspirations on housing developments.

Will this matter be put on the next available committee meeting agenda to be debated and voted upon?”

The Chair of the Business, Infrastructure and Growth Committee, Councillor Williams, provided the following response:

“The short answer is that we can’t build a fourteen-storey building on the Oast House site because the Oast House is a listed building and you can’t just stick a fourteen-storey extension onto a listed building.

I’m guessing the question really relates to Kingston Road Car Park, which is the land adjoining the Oast House. This requires a slightly longer answer.

In its many meeting on this matter, the Council has for a long time deliberately differentiated between the two sites when planning any development. One is a listed building, which limits what can be done to it. The other is basically a piece of bare land and presents a blank piece of paper on which the Council can draw up its plans.

However, there is at least one false assumption in this question and there are numerous reasons why the Council would not act on the suggestion implied in the question, ie to build higher.

1.    It is wrong to assume that a larger development would produce a better financial outcome for the Council. In fact, the history of Spelthorne’s construction projects shows quite the opposite. The more each project has grown, the bigger the losses have been,

2.    You will recall that one of the first actions this Council took after the election was to stop trying to deliver these construction projects directly itself, instead adopting a model whereby the Council will work with partners who are expert in the field. So in some ways the final configuration is not entirely within the gift of the Council. The most we can do it to exert some control by leasing the land instead of selling it.

3.    We need to listen to our residents. Once of the reasons for the downfall of the previous administration was its determination to act like a property developer instead of a Local Authority. Residents made it very clear that they opposed the building of high-rise tower blocks, but feel they were ignored. The new administration is putting residents first and trying to limit heights rather than increasing them; and

4.    In the ranking of the dozen or so construction projects the Council is considering, Kingston Road Car Park is considered a mid/long term project, meaning 3-8 years away.

You will  ...  view the full minutes text for item 102/24

To move the exclusion of the Press/Public for the following item as the report contains exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to Information)(Variation) Order 2006 Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in any lease, contract or other type of negotiation with the tenant or developer, who could then know the position of the Council.

It was proposed by Cllr Sexton and seconded by Cllr Bateson to move the exclusion of the Press/Public for the following items as they contained exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to Information)(Variation) Order 2006 Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in any lease, contract or other type of negotiation with the tenant or developer, who could then know the position of the Council.

Council is asked to consider a recommendation from the Corporate Policy and Resources Committee to approve an in-year Capital bid for an Electronic Document Management System for Housing Options.

This report contains exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006 Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in any contract or other type of negotiation with the proposed provider who could then know the position of the Council.

Council resolved to approve an in-year Capital bid for an Electronic Document Management System for Housing Options

Council is asked to consider a recommendation from the Corporate Policy and Resources Committee to approve the procurement of a new website.

This report contains exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006 Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in any contract or other type of negotiation with the proposed provider who could then know the position of the Council.

Council resolved to:

1.    Approve a supplementary Capital budget for a new website,

2.    Agree to proceed with the procurement of a new website,

3.    Authorise the Head of Communications and Customer Engagement to carry out the procurement in accordance with Contract Standing Orders; and

4.    Authorise the Group Head of Corporate Governance to enter into any legal documentation necessary to implement the new contract and approve the proposed spend under the contract.