Agenda item

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 12 December 2019.

 

Questions have been received from Councillor R.W. Sider BEM and Councillor L.E. Nichols.

 

The following questions have been received from Councillor R.W. Sider BEM:

 

Question 1

“Will the Leader and members of this council join me in thanking Michael Graham for his outstanding service as Head of Corporate Governance of this Council over the past 14 years, and wish him well and every success in his new appointment of Assistant Director for Legal and Democratic Services at Reading Borough Council.”

 

Question 2

“The week commencing 25 November was designated as National Tree Week. Trees have a crucial role to play in tackling the climate emergency and apart from drawing down carbon dioxide, trees create more spaces for nature, supporting hundreds of species of insects, birds and mammals. Trees are also great for public health, helping clean air, and providing access to nature that is important for our wellbeing. That said, ‘ Given the space and economic viability in our borough, will the Leader support the doubling of tree cover in Spelthorne by the year 2045’.

 

Question 3

“The Local Plan has identified proposed sites in Charlton Village, Shepperton  to accommodate developments of some 380 dwellings. The total number of homes in Charlton Village at present is around 420, and the Local Plan proposal would mean that there would be an increase of 90% in housing. Whilst the Local Plan is subject to consultation, and residents have already submitted a petition to the Council appended with 609 names against the identified sites for development, would the Leader agree with me, and share my concerns, that such an increase in this village would destroy its character in entirety.”

 

The following question has been received from Councillor L.E. Nichols:

 

Question 4

“In August, Spelthorne Borough Council advertised for non-executive directors for Knowle Green Estates.  How many applications were received and how many candidates were interviewed?  Have any appointments been made?” 

The Mayor reported that six general questions had been received, in accordance with Standing Order 15, from Councillors Sider, Nichols, S. Dunn and Doerfel.

 

Question 1 from Councillor R.W. Sider, BEM:

 

“Will the Leader and members of this Council join me in thanking Michael Graham for his outstanding service as Head of Corporate Governance of this Council over the past 14 years, and wish him well and every success in his new appointment of Assistant Director for Legal and Democratic Services at Reading Borough Council”

 

Response from the Leader, Councillor I.T.E. Harvey:

Thank you for your question Councillor Sider. As I have already mentioned we are very grateful for the outstanding support advice and service to Spelthorne afforded by Mr. Graham and I certainly join you in wishing him a very successful future. Thank you Michael.

 

Question 2 from Councillor R.W. Sider, BEM:

“The week commencing 25 November was designated as National Tree Week. Trees have a crucial role to play in tackling the climate emergency and apart from drawing down carbon dioxide, trees create more spaces for nature, supporting hundreds of species of insects, birds and mammals. Trees are also great for public health, helping clean air, and providing access to nature that is important for our wellbeing. That said, given the space and economic viability in our borough, will the Leader support the doubling of tree cover in Spelthorne by the year 2045.”

 

Response from the Leader, Councillor I.T.E. Harvey:

“The Council is fully aware of the climate change situation and the importance of trees in helping to address the situation. I am pleased to say that we will have planted 851 trees in 2019 and are further reviewing where we can further plant in the coming year, always whilst bearing in mind the ongoing costs of maintenance.  In addition, we are also promoting initiatives to work with schools, in order to encourage them to plant fruit trees, the produce from which is used in their cooking classes.  This not only enhances their environmental and biodiversity knowledge, but makes them more aware of health and wellbeing at a time when obesity rates are on the increase amongst primary school children.”

 

Question 3 from Councillor R.W. Sider, BEM:

“The Local Plan has identified proposed sites in Charlton Village, Shepperton to accommodate developments of some 380 dwellings. The total number of homes in Charlton Village at present is around 470, and the local plan proposal would mean that there would be an increase of 88% in housing. Whilst the local plan l is subject to consultation, and residents have already submitted a petition to the council appended with 609 names against the identified sites for development, would the Leader agree with me, and share my concerns, that such an increase in this village would destroy its character in entirety.”

 

Response from the Leader, Councillor I.T.E. Harvey:

“The two sites at Charlton Village are proposed as allocations in the new Local Plan, which is currently undergoing public consultation.  There are a total of 53 sites, 19 of which are in the Green Belt, including both the sites in Charlton Village.  We are seeking people’s views on all of the sites and once the consultation has concluded on 21 January 2020, the feedback received will be analysed before consideration is given as to those sites that will be taken forward and those that won’t.  This is a key part of the work that will be undertaken by officers and members of the Local Plan Working Party early next year.  It is not the appropriate time for me to be commenting on the merits or otherwise of individual sites at this stage whilst the consultation is still underway and before the responses are analysed.  I urge all members of our communities to have their say by responding in writing to the consultation before the deadline so that everyone’s views can be taken into account.”

 

Supplementary question from Councillor R.W. Sider, BEM

“Not a supplementary as such, other than to say if it goes ahead it will be nothing short of insanity”

 

Response from the Leader, Councillor I.T.E. Harvey

I understand that it is very emotive for all of us.  I would much rather not be leading this Council through the Local Plan.  There are difficult decisions.  We are doing our level best to mitigate as far as we can.  I have already previously said that Councillor Beardsmore, myself, and officers went to the Ministry trying to get them to accept a lower figure, the 2016 benchmark rather than the 2014 benchmark, which would have protected all of our green belt.  Whether it is insanity or not I cannot comment.  We are doing our level best.

 

Question 4 from Councillor L. Nichols:

“In August Spelthorne Borough Council advertised for non-executive directors for Knowle Green Estates. How many applications were received and how many candidates were interviewed? Have any appointments been made?”

 

Response from the Leader, Councillor I.T.E. Harvey:

Thank you for your question Cllr Nichols.  “We received 40 applications for these positions, of which 4 candidates were interviewed. We have made one appointment.”

 

Supplementary question from Councillor L.E. Nichols:

“According to Companies House no-one else had been appointed, that was at midday today.  Given that this will be public information can we know the name of who has been appointed?”

 

Response from the Leader, Councillor I.T.E. Harvey:

“I am quite happy to confirm that the person appointed as a non-executive director was Howard Williams”

 

 

Question 5 from Councillor S.A. Dunn:

“The Local Development Scheme sets out a timetable for the production of the Local Plan which stretches out in to 2021. Could the Leader please set out what opportunities will be available to members to formally discuss, debate and vote on both specific aspects of the Local Plan and the final completed version?”

 

Response from the Leader, Councillor I.T.E. Harvey:

“The Local Plan is still in the preparation stage and the current consultation is not the final point at which we’ll be seeking input and views from our communities and local councillors.  Indeed, the consultation is still ongoing up to 21 January 2020 so do make sure you and the residents you represent are responding to the draft Local Plan proposals as all the feedback will be taken into account as the policies and allocations continue to be developed further. Officers have engaged with all Members in advance of the consultation by inviting them to a pre-consultation briefing ahead and organising drop-in sessions afterwards to discuss specific sites and topics.  These were well attended and officers have also met with and taken calls from Members during the consultation to provide further information and respond to questions.  The next stage post-consultation will be for a final draft of the Local Plan to be produced and it will be the Local Plan Working Party that is tasked with leading on this work and reporting its recommendations to Cabinet before a further consultation prior to submission to the Planning Inspectorate for examination.  Once examined and if found ‘sound’, which means the Planning Inspectorate considers the plan to be legally compliant and in accordance with national policy, the Plan will be presented to full Council for a decision on whether Spelthorne Council should formally adopt it.”

 

Supplementary question from Councillor S.A. Dunn:

“Although we have Councillor Beardsmore representing on your authority on that committee, there is no-one from other opposition parties to help out”

 

Response from the Leader, Councillor I.T.E. Harvey:

“Thank you for your supplementary question Councillor Dunn. 

 

I have a strange sense of déjà vu. 

 

This matter was already raised in July Council.  I would refer you to the answer I gave at the time: if opposition councillors want to take a greater role in the Local Plan Working Party then that is a privilege which has to be earned rather than demanded. 

 

As I said at the time:

When councillors seek to mislead or frighten the public by wrongly suggesting that our green spaces are under threat then they highlight how unsuitable they are to serve on such a working party. We are seeking knowledge, competence and level-headedness. Councillors who demonstrate an unwillingness to take advice from officers or work collegiately with other councillors on a non-political basis rule themselves out.

That remains the same. 

 

When opposition councillors demonstrate their capacity to serve the needs of the Council and the whole Borough on the Local Plan Working Party then I will consider the matter further.”

 

Question 6 from Councillor J.H.J. Doerfel:

“On 21 November I asked Council staff to provide me with information that is covered by the Freedom of Information Act namely the full contract with and instructions to the consultants Arup that informed their Green Belt assessment which plays a central part in the current Local Plan Consultation.  Both as a Councillor (who happens to be a member of the Audit and Overview and Scrutiny Committee) and as a member of the public I am entitled by law to receive this information.  I asked to be provided with this information without delay, yet I have still not been provided with a copy of this information (either by email or by post) as I am entitled to under the Act.  This is extremely concerning both in terms of appropriate treatment of Councillors' requests for information and in terms of the compliance with the rule of law at this Council, considering furthermore that the Local Plan consultation is due to close on 21 January 2019, that the information has already been withheld for three weeks [at the time of submission of this question] and that this information is central.

 

(1)          When will I be provided with a copy of the full contract for Arup (and all the specific documents that make up this contract) which I expressly requested?

 

(2)          What steps is the Council going to take in the future to ensure that Councillors' requests for information are complied with promptly and that the Freedom of Information Act is complied with in a spirit of openness and compliance from now on?”

 

Response from the Leader, Councillor I.T.E. Harvey:

“Officers have reviewed your correspondence and you did not make it known that your request was made under the Freedom of Information Act. 

 

Officers have offered you assistance in relation to your request and you were advised to speak with officers in order to progress the matter.  It is a shame you have not taken the advice you were offered. 

 

I do have to correct you, you are not a member of the public, you are a councillor, and as a member of this Council you will always be provided with the information you need to perform your functions as a councillor.

 

If councillors think that they are entitled to more information under the Freedom of Information Act, then they are wrong.  You are likely to receive less information once exempt information has been redacted.  This is because councillors may be able to receive confidential information that members of the public are not entitled to. 

 

If you wish to use the FOI route then we will of course comply with the statutory timelines as required by law, so you can expect an answer in 20 working days once your request is received. 

 

I can understand that this is a complicated area for new councillors so I would always recommend you take advice from the Head of Corporate Governance.”

 

Supplementary question from Councillor J.H.J. Doerfel:

“Is Councillor Harvey aware of the following advice by the Information Commissioner guidance?  Everyone has a right to request information from a public authority, you have two separate duties when responding to that request:

·         To tell the applicant whether you hold any information falling within the scope of their request; and

·         To provide that information. 

 

For a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff. And the timeline is 20 days which is today. I have made the request 20 days ago and received nothing.  I will take this to the ICO if I do not receive the requested information this week”

 

Response from Councillor I.T.E. Harvey:

“The information I gave was based on legal advice.  I will be seeking clarification and you will receive a written response.”

 

Following the meeting a written response was provided:

 

“Thank you for your supplementary question Cllr Doerfel.  I am aware of the advice given by the Information Commissioner as are officers of the Council.  You should also be aware of the advice given by the Information Commissioner that not every request for information needs to be treated as a Freedom of Information Act request.  There is a concept of “business as usual” requests where in the normal day-to-day operations of a local authority information is requested and provided without the need for any consideration of the Freedom of Information Act.  Your request to officers was one such example of a business as usual request because it is expected that councillors will ask for information they need to perform their duties and this will be provided by officers.  Officers sought to clarify your request with you but you ignored the advice given to speak to the Head of Corporate Governance to resolve the matter.  Instead, you chose to grandstand in the Council Chamber in order to try and score some political point.  This is not the way that councillors are expected to conduct business in this Council.  As I said in Council, the Head of Corporate Governance has now issued an advice note to all councillors to confirm the way in which we will deal with councillors making FOI requests.”