Decisions

Cabinet considered the recommendation from the Audit Committee on the Corporate Risk Register.

Resolved to approve the Corporate Risk Register as submitted.

Reason for the decision:

The Register summarises the Council’s most significant risks. It sets out the controls which have been put in place and identifies any further action which might be necessary to mitigate risks.

Cabinet considered the recommendations contained in the report from the Overview and Scrutiny Committee came out of its review of the following decision taken by Cabinet on 24 March 2021:

Transfer of properties from Spelthorne Borough Council to Knowle Green Estates Ltd.

The Chairman of the Overview and Scrutiny Committee, Councillor Leighton, informed the Cabinet that the Committee had the scrutinised the above Cabinet decision in detail and concluded that they were supportive of the Cabinet’s decision, but that the Cabinet must have the appropriate policy documentation in place before making such decisions going forward.

Resolved that:

1.    Cabinet instruct officers to draw up the following documents:

              i.        A “Term Sheet” to set out the basis of developments and supporting policy.  A Term sheet should be required for each Spelthorne Borough Council residential development and will be created prior to planning application submission monitored and adjusted as required thereafter.

            ii.        A policy for valuation and transfers of developments.

           iii.        An interest rate policy.

           iv.        Documentation of Knowle Green Estates (KGE) depreciation policy.

2.    A Term sheet template and draft policy documents are to be presented for

approval by the Policy and Resources Committee and KGE Board as soon as

possible and no later than the end of July 2021.

3.    That Cabinet confirms that no residential housing units will be sold unless a policy to do so is formally approved by the Council.

Reason for decision:

The Cabinet has listened to the views of the Overview and Scrutiny Committee and agrees that it is important that the Cabinet take decisions that have been clearly defined, with the right policies and that agenda reports are clearly set out with the appropriate level of detail so members are able to look back and see that all the relevant facts had been considered.

Cabinet considered a report to approve the Key Worker Housing Policy.

Cabinet noted that the policy would ensure that the Council allocate these affordable homes in a fair and transparent way, in line with the Council’s existing policy of affordable housing allocation.

Cabinet acknowledged that a Equality Impact Assessment had been completed and agreed that they were satisfied with the content.

Resolved to

Reasons for decision:

The administration is committed to providing affordable homes for local key workers, with the first of these new homes being available at the initial phase of Benwell House later this month.

In putting the policy together, officers have considered independent research into Spelthorne’s local key worker population, as well as the operational practicalities of delivering a key worker housing scheme.

The Council considered the report of the Group Head of Corporate Governance on the membership of the Programme Board and terms of reference of the Development sub-Committee.

It was moved by Councillor J.R. Boughtflower and seconded by Councillor M.M Attewell that Council agrees:

1.    to extend the membership of the current Programme Board Cabinet Sub-Committee to include additional Councillors.

2.    to adopt the terms of reference for a Development Sub-Committee from the Annual Council Meeting as set out in the report.

Councillor I.J. Beardsmore announced that he would be withdrawing from membership of the Programme Board and proposed the following amendment to the terms of reference of the Development Sub-Committee, which was seconded by Councillor R.A. Smith-Ainsley:

“That the membership of the Development Sub-Committee comprise 5 members appointed by the Policy and Resources Committee and 2 members appointed by the Environment and Sustainability Committee.”

The amendment was voted upon and carried. The substantive motion was put to the vote.

Resolved:

1.    to extend the membership of the current Programme Board Cabinet Sub-Committee to include additional Councillors; being Councillor L.E. Nichols and Councillor R.A. Smith-Ainsley.

2.    to adopt the terms of reference for a Development Sub-Committee from the Annual Council Meeting as set out in this report. subject to the membership comprising 5 members appointed by the Policy and Resources Committee and 2 members appointed by the Environment and Sustainability Committee.

The Council considered a recommendation from the Members’ Code of Conduct Committee on changes to the Constitution required to operate a Committee System of governance.

It was moved by Councillor J.R. Boughtflower and seconded by Councillor M.M. Attewell that the Council:

1.         agreesthe proposed amendments to the Constitution (as appended to the report dated 17 March 2021) for adoption with a move to a Committee system of governance; and

2.         agrees to amend Sections 13.4 and 14.2 of Part 4a Council Standing Orders from a limit of one question to two questions.

An amendment was moved by Councillor J.H. Doerfel and seconded by Councillor I.J. Beardsmore to add the following words (shown by italics) to part 1. of the Motion and to delete Part 2.

“That the Council agrees the proposed amendments to the Constitution (as appended to the report dated 17 March 2021) for adoption with a move to a Committee system of governance, with the exception of any proposed changes to the current Sections 14 and 15 of Council Standing Orders relating to public and councillor questions.”

The amendment was voted upon and carried.

Councillor N.J Gething joined the meeting.

An amendment was moved by Councillor A.J Mitchell and seconded by Councillor J.R. Boughtflower:

“That each Committee be limited in authority to grant expenditure to £1 million for any particular project without seeking approval from full Council. Any project must be taken as a whole and the project cannot be sub-divided into its constituent parts with each being authorised separately to avoid this limit set by this rule.”

The Monitoring Officer sought clarification on the wording of the amendment and advised that the appropriate place for such a rule to be included in the Constitution would be in Financial Regulations, which was not before the Council at this meeting.

Councillor Mitchell clarified that the expenditure referred to either capital or revenue. He requested that the amendment be voted upon and included in an appropriate place within the Constitution.

The amendment was voted upon and carried. The substantive motion was put to the vote.

Resolved to agree:

1.         the proposed amendments to the Constitution (as appended to the report dated 17 March 2021) for adoption with a move to a Committee system of governance, with the exception of any proposed changes to the current Sections 14 and 15 of Council Standing Orders relating to public and councillor questions; and

2.         that the following rule for the 5 Service Committees be included in an appropriate place within the Constitution:

Each Committee be limited in authority to grant expenditure to £1 million for any particular project without seeking approval from full Council. Any project must be taken as a whole and the project cannot be sub-divided into its constituent parts with each being authorised separately to avoid this limit set by this rule.

The Council considered a report from the Group Head of Corporate Governance on a change to a Committee System of Governance. She outlined the background to the change in governance arrangements, the proposed Committee structure, the role of the Leader and Deputy Leader and the transitional arrangements.

It was moved by Councillor H. Harvey and seconded by Councillor O. Rybinski that the Council resolves to:

1.    cease operating the existing Leader and Cabinet form of governance and implement a Committee System model of governance to take effect from the Annual Council Meeting on the 27 May 2021;

2.    adopt the transitional arrangements as set out in this report; and

3.    authorise the Group Head of Corporate Governance to make the necessary changes to those parts of the Constitution not presented in the recommendations from the Member’s Code of Conduct Committee, in respect of references to the Cabinet to the relevant Committee and from the Leader and Deputy to the Committee Chair and Vice-Chair as appropriate.

Councillor I.T.E. Harvey called for a recorded vote on the motion.

The voting was as follows:

FOR (34)

J.R. Boughtflower, M.M. Attewell, C. Barnard, C. Barratt, R.O. Barratt, C. Bateson, I.J. Beardsmore, S. Buttar, R. Chandler, J.H. Doerfel, J.T. Doran, S.M. Doran, R.D. Dunn, S.A. Dunn, T. Fidler, M. Gibson, K. Grant, A.C. Harman, H. Harvey, N. Islam, T. Lagden, V.J. Leighton, M.J. Madams, A.J. Mitchell, L.E. Nichols, R. Noble, O. Rybinski, D. Saliagopoulos, J.R. Sexton, R.W. Sider, V. Siva, R.A. Smith-Ainsley, B.B. Spoor, J. Vinson.

ABSTAIN (2)

A. Brar, I.T.E. Harvey

The motion was carried.

Resolved to:

1.    cease operating the existing Leader and Cabinet form of governance and implement a Committee System model of governance to take effect from the Annual Council Meeting on the 27 May 2021;

2.    adopt the transitional arrangements as set out in this report; and

3.    authorise the Group Head of Corporate Governance to make the necessary changes to those parts of the Constitution not presented in the recommendations from the Member’s Code of Conduct Committee, in respect of references to the Cabinet to the relevant Committee and from the Leader and Deputy to the Committee Chair and Vice-Chair as appropriate.