Agenda and minutes

To confirm as a correct record the minutes of the Annual Council meeting held on 21 May 2019.

The minutes of the Annual Council meeting held on 21 May 2019 were agreed as a correct record.

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

There were no disclosures of interest.

To receive any announcements from the Mayor.

The Mayor had circulated details of her upcoming events and encouraged support for the fish and chip supper being held at the Greeno Centre, Shepperton on 26 July and the barbeque at the Runnymede Hotel and Spa on 4 August.

The Mayor reminded members that the new procedure for declaring gifts and hospitality was agreed by Council in February 2019. She advised that the Gifts and Hospitality Declaration book would be available at all meetings and records would be published on the website on a monthly basis.

To receive any announcements from the Leader.

The Leader made the following announcements:

“Firstly some sad news, on Monday of this week, Emily, the 21 year old daughter of Surrey County Council Leader Tim Oliver and his wife Debbie, sadly passed away having suffered a rare brain tumour for the last 18 months. We offer our condolences to Tim and family.

More uplifting, I am delighted to announce that HRH Princess Alexandra KG GCVO visited the Embroidery Gallery in the Walled Garden Sunbury, and presented The Swan Sanctuary in Shepperton with the Queen’s Award for Voluntary Service on 2 July 2019. This is the highest award given to volunteer groups across the UK. 

Congratulations to all our finalists and winners that attended our Capture Spelthorne Awards ceremony held at Shepperton Studios. The overall winner across all categories was awarded to Elaine Wisden.

There are 13 categories in the Spelthorne Means Business Awards 2019. Nomination entry closes on 30 September and the black tie gala dinner to announce the winners is on 17 October at Shepperton Studios.

Congratulations to Parks Officer Richard Leppard, who has retired after serving Spelthorne Council for 50 years. On behalf of the Spelthorne community we thank you for your hard work and dedication.

The Council’s Community Wellbeing team have started regular visits to St Peter’s hospital wards to liaise with patients directly about services available which may help them once back home. These include handyperson grabrails, Meals on Wheels, Community alarms and social prescribing.

Spelthorne Planning Committee has granted planning permission for a new development by Berkeley Homes at 17-51 London Road, Staines-upon-Thames. This will directly provide 41 homes for affordable rent from this Council.

A Planning Application has been submitted to build a hostel for single homeless people on The White House site on Kingston Road, Ashford. The anticipation is that this will be fully manged by the Salvation Army.

Netflix recently announced that they will be establishing a production hub at Shepperton Studios. This will be within the existing establishment and not contingent upon the planned expansion. This is further evidence that Spelthorne Means Business and is indeed a great place to do business under this Conservative administration.

Free Music in the Park took place on 7 July at The Walled Garden, Lower Sunbury from 2-4pm, with a performance by Saxophany.

Last weekend there were open air film shows and airings of the sporting events in Staines, arranged by the BID team. Over 500 attended the showing of Bohemian Rhapsody on Saturday night alone.

For those who are not aware, we are carrying out work to replace the roof of the Clock Tower at the Council Offices here in Knowle Green. The works are expected to be completed by the end of July.

The only way to tackle plastic waste is to move away from the recycling of single-use plastics towards avoiding them altogether and so we are working towards zero use across our own operations and services. The recent move from plastic disposable to paper cups is a  ...  view the full minutes text for item 190/19

To receive any announcements from the Chief Executive.

The Chief Executive thanked Parks Officer Richard Leppard, who had retired after 50 years of public service at Spelthorne. He also expressed his appreciation to colleagues across the authority, from Accountancy and Asset Management to Strategic Planning and Streetscene, for their continued public service commitment that ensures our communities remain at the very heart of everything we strive to accomplish.

The Leader, or his nominee, to answer any questions raised by members of the public in accordance with Standing Order 14.

Note: the deadline for questions to be considered at this meeting is 12 noon on Thursday 11 July 2019.

The following questions have been submitted by John Seaman:

1.    “To enhance equity may everyone who receives an answer to a written question at a meeting of Spelthorne Borough Council have the opportunity to ask a supplementary question?”

2.    “Is Flower Pot Green in Sunbury a registered village green?”

The Mayor reported that, under Standing Order 14, five questions had been received from members of the public.

Three of those were present to put their questions at the meeting.

Question from John Seaman:

“To enhance equity may everyone who receives an answer to a written question at a meeting of Spelthorne Borough Council have the opportunity to ask a supplementary question?”

 “Is Flower Pot Green in Sunbury a registered village green?”

Response from the Leader, Councillor Ian Harvey:

“Thank you for your questions Mr. Seaman.

The procedure for public questions and councillor questions is long-established.  There are no current plans to change the way that it works.  Whilst the opportunity to ask questions at Council is one of the rights which citizens have, it is by no means the only option that they have.  Residents who wish to engage with the Council should always speak first to their ward councillors who are the elected representatives for the area.  Your Councillors may have the answers you require or they can get the answers from officers.  On matters which relate to Cabinet issues I would also recommend residents to engage with the Portfolio Holder concerned.  In speaking with councillors directly you will find that you can ask as many supplementary questions as you like and you will most likely get the information you are seeking.

On your second point - Flower Point Green is not a village green but open spaces in Spelthorne are protected under the Local Plan so there is no particular benefit from such a designation.

In the current Local Plan, it is designated Protected Urban Open Space. We are in the process of reviewing the Plan and have proposed to remove that designation in favour of the national policy that protects all open space of public value, which will provide more protection than the current designation as we have lost some appeals for development on Protected Urban Open Space. We will also be assessing our spaces, including Flower Pot Green, for the higher level of protection offered by the Local Green Space designation that national policy also provides.” 

Following the meeting the Council became aware that the response given was inaccurate and provided Mr Seaman with the following additional response:

“Further to the questions below that you posed for the Spelthorne Council meeting last week, we were alerted to the possibility that the response you received in respect of Village Green status was incorrect. The background information to assist in the response was gathered by my team so we have investigated further.

We can now confirm that the incorrect answer was given at Council, for which we apologise. It was given in good faith but we should have checked with Surrey County Council, who are the statutory commons land authority. We have the land listed as Common Land, however the Common Registration Act 1965 allowed a separation of Common Land and Village Greens on registration so Village Greens became their own entity.  The listing as a Village  ...  view the full minutes text for item 192/19

To receive any petitions from members of the public.

There were no Petitions.

To receive the report from the Leader of the Council on the work of the Cabinet at its meetings held on 19 June (attached) and 17 July 2019 (to follow).

The Leader of the Council, Councillor I.T.E. Harvey, presented the reports of the Cabinet meetings held on 19 June 2019 and 17 July 2019 which outlined the matters the Cabinet had decided since the last Council meeting.

To receive the report from the Chairman of the Overview and Scrutiny Committee on the work of her Committee.

The Chairman of the Overview and Scrutiny Committee, Councillor V.J. Leighton, presented her report which outlined the matters the Committee had considered since the last Council meeting.

To receive the report from the Chairman of the Planning Committee on the work of his Committee.

The Chairman of the Planning Committee, Councillor R.A. Smith-Ainsley, presented his report which outlined the matters the Committee had decided since the last Council meeting.

To receive any motions from Councillors in accordance with Standing Order 19.

The following three Motions were received by the deadline of Monday 8 July 2019:

1.    “That officers investigate whether it is feasible to enter into a reciprocal agreement with Surrey County Council for Spelthorne Borough Council to act on their behalf to remove Traveller encampments when on the highway and append such charges involved to Surrey.”

Proposed by Councillor R.W. Sider BEM

Seconded by Councillor C. Barnard

2.    “That henceforth the formal position of Spelthorne Borough Council will be to oppose any increase in air traffic movements at Heathrow airport.

The Council notes that this new position in principle is based on the impact on local residents and the environment from air traffic, and that the Council now believes that an increase in capacity is unsustainable and damaging to the borough.

The Council’s response to the LHR Expansion Consultation closing on 13th September 2019 will clearly indicate this change in policy and Spelthorne Borough Council’s opposition to the proposals in principle.”

Proposed by Councillor L.E. Nichols

Seconded by Councillor S.M. Doran

3.    “In the light of Spelthorne Borough Council's commitment not to allow "any developments in the Borough that are detrimental to air quality" (as per the SBC press release 'Protecting Air quality in Spelthorne' dated 20/6/2019) and bearing in mind the fact that any Heathrow expansion will have serious knock on effects in terms of air quality and reduction of green spaces in the Borough inter alia through the envisaged building of a large car park between Oaks Road and the A3044 in Stanwell which currently acts as an important noise and pollution buffer zone for residents and as a carbon sink, the Council's new position to be reflected in its official response to the London Heathrow expansion consultation will be to oppose any expansion of Heathrow completely.”

Proposed by Councillor J.H.J. Doerfel

Seconded by Councillor V. Siva

In accordance with Standing Order 17 the Council received three written Notices of Motions.

Councillor R.W. Sider BEM moved and Councillor C. Barnard seconded the following motion:

“That officers investigate whether it is feasible to enter into a reciprocal agreement with Surrey County Council for Spelthorne Borough Council to act on their behalf to remove Traveller encampments when on the highway and append such charges involved to Surrey.”

The Leader, Councillor I.T.E. Harvey gave the following reply to the Motion:

“Thank you Councillor Sider for raising this issue.

I can assure all councillors that Officers will always look to assist the County Council wherever possible to ensure that any unlawful encampments are dealt with quickly and efficiently.   

It seems like a very attractive proposition for us to take more control to respond the travellers on the highway.  I suspect that it’s not a straightforward matter and after initial discussions with Officers we think that it may not prove to be viable in the long run.   

The reason the Borough is able to deal with travellers so swiftly is because of the processes and joint working between the JET team and Legal.  We doubt we can replicate this with County Council staff on whom we would still have to rely on a case by case basis.  The alternative would be for us to take on an agency agreement from the County Council to deal with part of their functions for them.  That may not be something we wish to consider at this time. 

Nevertheless, it is something which I think we can ask Officers to explore and then report back to the Portfolio Holder.  On that basis I will support your motion, and ask all Members to do likewise.”

The Motion was carried.

Resolved that officers investigate whether it is feasible to enter into a reciprocal agreement with Surrey County Council for Spelthorne Borough Council to act on their behalf to remove Traveller encampments when on the highway and append such charges involved to Surrey.

The second Motion was moved by Councillor L.E. Nichols and seconded by Councillor S.M. Doran:

“That henceforth the formal position of Spelthorne Borough Council will be to oppose any increase in air traffic movements at Heathrow airport.

The Council notes that this new position in principle is based on the impact on local residents and the environment from air traffic, and that the Council now believes that an increase in capacity is unsustainable and damaging to the borough.

The Council’s response to the LHR Expansion Consultation closing on 13th September 2019 will clearly indicate this change in policy and Spelthorne Borough Council’s opposition to the proposals in principle.”

The Leader, Councillor I.T.E Harvey proposed the following amendment which was seconded by Councillor A.C. Harman:

“That the matter be referred to the Overview and Scrutiny Committee for consideration.”

Councillor L. E. Nichols requested a recorded vote on the amendment.

The voting on the amendment was as follows:

The Leader, or his nominee, to answer questions from Councillors on issues in their Wards, in accordance with Standing Order 15.

Note: the deadline for questions to be considered at this meeting is 12 noon on Thursday 11 July 2019.

One Ward Issue question has been received to date from Councillor J.R. Sexton.

“Why did it take the Police one day to support the Council to move the unlawful caravans and owners from Shortwood Common on the 16th June?

We allowed them one night driving around the Common like a race track.

The Council and the Police have a statutory duty to protect the land under section 34, 1988 Road Traffic Act.

Why was this not used to move them on sooner? It also states “No vehicle may be driven on common land” and we allowed them to flout the law. Can I have assurances that if I receive a call again we will ensure we all act sooner. The law is the law and we must ensure all abide accordingly.”

One question was submitted by Councillor J. R. Sexton.

Question from Councillor Joanne Sexton:

“Why did it take the Police one day to support the Council to move the unlawful caravans and owners from Shortwood Common on the 16th June?

We allowed them one night driving around the Common like a race track.

The Council and the Police have a statutory duty to protect the land under section 34, 1988 Road Traffic Act.

Why was this not used to move them on sooner? It also states “No vehicle may be driven on common land” and we allowed them to flout the law. Can I have assurances that if I receive a call again we will ensure we all act sooner? The law is the law and we must ensure all abide accordingly.”

Response from Councillor Ian Harvey:

“Thank you for your question Cllr Sexton.

The encampment arrived on Sunday morning 16 June.  Police attended and during the course of the day conferred with the Group Head for Neighbourhood Services.

In accordance with the agreed joint protocol, the Police carried out an initial assessment.  They concluded that they did not have the grounds to issue a notice to move the encampment under s.61 of the Criminal Justice and Public Order Act 1994.

The Police reported this decision to Council Officers and agreed that a further visit would be carried out on Monday morning.

At the time of assessment on the Sunday there were no reports of crime and it was therefore understandable why the Police did not use powers under section 61 at that point.

The situation then changed overnight with the reports from residents about damage to the Common.  The situation was reassessed by the Police and Council Officers on Monday morning. 

By Monday morning it was clear that first, damage was being done to the Common which is a Site of Special Scientific Interest (SSSI).  There was impact on flora and fauna, and there were concerns about the open gate and the risk of cattle escaping and causing a danger on the highway.

Secondly it was clear that further heavy rain was forecast and there was every chance of the Travellers becoming stuck in the mud and not being able to leave the site for some time – which would further risk negative impacts on the SSSI site. 

As a result of these concerns, a second assessment was made by the Police who decided that a section 61 notice would be issued.  This was subsequently issued at 3pm on Monday and the site mostly clear by 5pm although one vehicle broken down was finally moved at 8pm. 

As for the Road Traffic Act 1988, as Cllr Sexton correctly identifies it is an offence to drive on common land. 

The joint protocol between Police and Surrey councils has been agreed to deal with any unauthorised encampments in a proportionate way which will stand up to scrutiny.

Driving vehicles on the common land was an aggravating factor which supported the Police  ...  view the full minutes text for item 198/19

The Leader, or his nominee, to answer questions from Councillors on matters affecting the Borough, in accordance with Standing Order 15.

Note: the deadline for questions to be considered at this meeting is 12 noon on Thursday 11 July 2019.

The following questions have been received to date:

Councillor R.W. Sider BEM

“Will the Leader and members of this Council join me in congratulating Team Spelthorne who took part in this year’s Surrey Youth Games at Guildford, and in doing so with 10 other boroughs competing, topped the medals table with 5 Golds, 5 Silver and 3 Bronze medals?

And, will members also join me in thanking the Council Leisure staff who undertook the arrangements to partake in these games, and to the many coaches who freely gave up their time to coach and encourage these young people?”

Councillor L.E. Nichols

“Could the Leader please explain why he feels that it is not appropriate to have any councillors from the official opposition on the Local Plan working group?”

The Mayor reported that four general questions were submitted by Councillors R.W. Sider BEM, L.E. Nichols, J.H.J. Doerfel and Mrs S. Dunn.

Question from Councillor Robin Sider BEM:

“Will the Leader and members of this council join me in congratulating Team Spelthorne who took part in this year’s Surrey Youth games at Guildford, and in doing so with ten other boroughs competing, topped the medals table with five golds, five Silver and three bronze medals?

And, will members also join me in thanking the Council leisure staff who undertook the arrangements to partake in these games, and to the many coaches who freely gave up their time to coach and encourage these young people?”

Response from the Leader, Councillor Ian Harvey

 “Thank you for your comments Councillor Sider.   I, and I am sure all Members, will join us in congratulating Team Spelthorne on their success.

This was the 23rd Specsavers Surrey Youth Games and team Spelthorne were particularly successful in achieving the medals that you refer to. We entered 24 teams, which meant that we also won the award for entering the most teams.

Around 350 young people aged 6-16 from all areas of the borough enjoyed up to seven weeks of free coaching across 12 different sports in the lead up to the event. 180 children went on to represent Team Spelthorne at the Games at Surrey Sports Park in Guildford on 15 &16 June.

This year saw a change of ethos to the Games where there was a greater focus on encouraging new participants into sport, in particular those from a less advantaged background, or those who are inactive. For many of the participants this was their first experience of a sporting event, with some being introduced to the event through our `Fit and Fed’ initiative and the carers event which we held in February.

As Cllr Sider mentioned, the event is totally reliant on our coaches, the majority of whom are volunteers from local sports clubs. Spelthorne is very lucky to have such dedicated people. The leisure team are pleased to manage Team Spelthorne’s participation in the games and are delighted with the team achievements this year.”

Question from Councillor Laurence Nichols:

“Could the Leader please explain why he feels that it is not appropriate to have any councillors from the official opposition on the Local Plan working group?”

Response from the Leader, Councillor Ian Harvey:

“Thank you Cllr Nichols for your question about the Local Plan Working Party.  I refer you to my previous response to Mrs Doerfel.

I would also add: All councillors will be able to play a part in the development of the local plan even if they are not part of the working group. 

The Local Plan is still in the engagement and scoping stage.  The planning team will engage with all ward councillors prior to the preferred options consultation which is due to go out in November. 

I remain open minded as to who will be on the working party  ...  view the full minutes text for item 199/19