COUNCIL PROCEEDINGS, 27 SEPTEMBER 2007

HAMPSHIRE

At a Meeting of Hampshire County Council held at The Castle, Winchester on

Thursday 27 September 2007.

Chairman:

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Mrs. P. M. Devereux

Vice Chairman:

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Councillor T.G. Knight

Councillors:

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F. G. Allgood J.P.

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Felicity Hindson, M.B.E.

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Mrs. C. A. Bailey

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G. M. Hockley

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Mrs. P. G. Banks

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Keith House

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R. J. Baulk

R. Hughes

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I. F. E. Beagley

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P. R. C. Hutcheson

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D. R. Blampied

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S. C. James

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Carol Boulton

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Jo Kelly

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Alan Broadhurst

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M. N. Kemp-Gee

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J. V. Bryant

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M. J. Kendal

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Mrs. A. Buckley

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R. J. Kimber

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Mrs. E. M. Byrom

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D. A. Kirk

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Adam Carew

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Mrs. C. A. Leversha

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M. F. Cartwright

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A. R. Ludlow

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K. G. Chapman

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Peter Kent Mason

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P. J. Chegwyn

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J. J. W. Maxwell

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N. R. G. Clarke

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R. C. McIntosh

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A. P. Collett

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Mrs. A. M. McNair Scott

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M. G. Cooper

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E. J. Neal

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B. D. Dash

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Sam Payne

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Colin Davidovitz

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R. J. Perry

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G. W. Davies-Dear

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Mrs. P. G. Peskett

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Mrs. P. Dickens

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Mrs. J. A. Porter

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A. G. Dowden

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Roger H. Price J.P.

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L. T. Dunsdon

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S. H. Reid

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P. R. Edgar

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A. W. Rice, TD

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Anne Edwards

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Mrs. A. M. Roling

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Dr. R. J. Ellis

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David Simpson

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A. D. G. Evans

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Mrs. M. D. Snaith

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K. D. Evans

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Mrs. E. F. Still

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Mrs. J. K. Frankum

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T. K. Thornber, C.B.E.

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E. F. Gale, M.B.E.

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Mrs. M. J. Tucker

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K. L. Gill

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John K. West

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D. Gillett

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Mrs P.A. West

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J. K. Glen

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A. Weeks

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B. T. Gurden

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Mrs. S. A. Wheale

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D. Harrison

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M. J. Woodhall

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P. A. Heath

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Seán D. T. Woodward

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Mrs. K. Heron

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D. F. Wright J.P.

215

APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Davies-Dear.

216

DECLARATIONS OF INTEREST

Members were mindful that, where they believed they had a personal or personal

prejudicial interest in any matter to be considered at the meeting, they should normally at the time of the debate declare their interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed save for exercising any right to speak in accordance with paragraph 12 of the Code.

217

MINUTES

The minutes of the meeting of the County Council held on 12 July

2007 were confirmed as a correct record and signed by the Chairman subject to the addition of Councillor Maxwell to the list of Members who had presented their apologies for absence..

218

CHAIRMAN'S COMMUNICATIONS

The Chairman reported her attendance at two recent royal visits to Hampshire,

H.R.H. The Prince of Wales having visited the Golden Jubilee celebrations at Middle Wallop Airfield and H.R.H. The Princess Royal having attended the Southampton Boat Show. Jointly with the Leader she had hosted a coffee morning at Serle's House for those recipients of the Good Neighbour Awards who had been unable to attend the full reception earlier in the year and, in the week preceding the Council meeting, she had hosted the long service reception for Hampshire County Council staff who had attained 25 years of service with the Council. The Chairman also mentioned the wide range of engagements which she had attended since the previous meeting of the Council and drew attention to forthcoming events for members' diaries.

219

LEADER'S REPORT

It was with sadness that the Leader reported the passing of Sheila Allen, widow of

the late Don Allen, former Executive Member for Education, after a long illness. She had been well known to members having supported her husband in his County Council duties and she was still an active member of Basingstoke and Deane Borough Council at the time of her death. The leaders of the political groups and other members paid tribute to her.

Over the summer the Audit Commission had confirmed that the County Council

had once again been awarded top marks in its Corporate Assessment. At the same time the County Council had been subject to a Joint Area Review of its Children's Services and this had concluded that services for children and young people in Hampshire were "good with some outstanding features". These assessments would feed into the CPA rating in February 2008. Both reports made recommendations for the future and plans were being developed to address these.

The Leader mentioned the opening on 27 November 2007 of the Winchester

Discovery Centre which was destined to be the County Council's flagship cultural facility in the area. He placed on record his thanks and appreciation to all those involved in its development and delivery.

It was with great pleasure that the Leader reported that the Government planned

to make changes to improve and update the Blue Badge disabled persons' parking scheme so as to extend it to children under the age of two, who because of their specific medical conditions, needed to travel with bulky medical equipment or to be close to a vehicle for emergency medical treatment. This would include children who suffered from hip dysplasia for which the County Council had campaigned. The proposed changes would ensure that the scheme continued to help those people who need the Blue Badge concession the most and would ease some of the difficulties faced by the families of children with hip dysplasia.

The Leader announced that, at the next meeting of the Council, the grants made

by members from their individual £10,000 allocations would be published in line with the undertaking which he had given when the Council had approved the scheme in May 2007.

In conclusion, the Leader took the opportunity to mention a request from

Councillor Dash for an emergency motion to be debated at the meeting concerning bullying in schools. As discipline in schools was the responsibility of schools, their governors and head teachers, the Leader did not consider that it was appropriate for the issue to be considered by the County Council as a matter of urgency. The County Council already worked very closely with schools as to behavioural issues and would continue to do so in order to eliminate unacceptable behaviour wherever possible. The Leader mentioned that he would, however, given the special circumstances, be recommending the County Council to suspend Standing Order 17 later in the meeting in order to allow a debate on a motion by Councillor Simpson concerning the Armed Forces which had been received out of time.

220

QUESTIONS UNDER STANDING ORDER 20(b)

On this occasion, no questions under Standing Order 20(b) had been received.

221

APPOINTMENT OF CHIEF EXECUTIVE

The Council considered the report of the Chairman of the Member

Appointment Panel (Item 7a in the Minute Book) following the interview and selection process required by the Local Authorities (Standing Orders)(England) Regulations 2001 and contained in the County Council's Standing Orders. The Council supported the recommendation of the Panel and

RESOLVED:

That approval be given to the appointment of Andrew Smith, presently the County Council's Director of Property, Business and Regulatory Services, as Chief Executive of the County Council with effect from 18 December 2007.

222

CHAIRMANSHIPS

On the recommendation of the Leader of the Council it was

RESOLVED:

That, with immediate effect, Councillor Heath be appointed Chairman of the Safe and Healthy People Select Committee and ceases to be Chairman of the Regulatory Committee and that Councillor McIntosh be appointed Chairman of the Regulatory Committee and ceases to be Chairman of the Safe and Healthy People Select Committee.

223

SACRE - CHAIRMAN AND VICE-CHAIRMAN

On the recommendation of the Leader of the Council it was

RESOLVED:

That Councillor Mrs. McNair Scott be appointed a member of SACRE in place of Councillor Kirk and also be appointed Chairman of SACRE, and that Mr. Juniper, formerly Chairman of SACRE, be appointed its Vice-Chairman.

224

HAMPSHIRE MINERALS PLAN (REGULATION 26 CONSULTATION) - APPROVAL FOR PUBLIC CONSULTATION

The Council considered the report of the Director of Environment and the

decision of the Cabinet (Item 8 in the Minute Book) to recommend the proposals in the report for public consultation.

Councillor House, seconded by Councillor Collett, proposed the following

amendment:

"Defer this report for further work to allow:

·

publication and full consideration of the sustainability appraisal to councillors and the community

·

agreement on the weightings used in choosing preferred and alternative sites

·

consideration of social, economic and transport impacts of sites identified in advance of consultation

·

the impact of the Examination in Public of the South East Plan to be taken into account."

Councillor Chapman declared a personal interest in relation to a site

in Mortimer West End. Councillors Carew and Reid declared personal interests as members of the County Council's Regulatory Committee A. Councillor Cooper declared a personal interest in his capacity as a member of Test Valley Borough Council.

Following a wide ranging debate as to the different approaches, a recorded vote

was called for in accordance with Standing Order 24 and the voting was as follows:

Supporting the amendment:

Councillors Bailey, Blampied, Broadhurst, Buckley, Carew, Chegwyn, Collett, Cooper Dash, Dickens, Dowden, Dundson, Gill, Gurden, Harrison, House, Ludlow, Mason, Payne, Peskett, Porter, Price, Roling, Simpson, Weeks, Wright.

Total: 26

Opposing the amendment:

Councillors Allgood, Banks, Baulk, Beagley, Bryant, Byrom, Cartwright, Chapman, Clarke, Davidovitz, Edgar, Edwards, Ellis, Evans, A., Evans, K., Frankum, Gale, Gillett, Glen, Heath, Heron, Hindson, Hockley, Hutcheson, James, Kelly, Kendal, Kimber, Kirk, Knight, Leversha, Maxwell, McIntosh, McNair Scott, Neal, Perry, Reid, Rice, Snaith, Still, Thornber, Tucker, West, Mrs. P. A., West, J. K., Wheale, Woodhall, Woodward.

Total: 47

Abstentions:

Councillors Devereux and Kemp-Gee

Total: 2

The amendment was accordingly lost. On being put to the vote, the

recommendation of the Cabinet was approved.

RESOLVED:

a)

That the Hampshire Minerals Plan, which proposes sites, areas and areas of search be approved as a basis for consultation in accordance with Regulation 26 of the Town and Country Planning (Local Development)(England) Regulations 2004, along with background technical advice;

b)

That the Director of Environment, in consultation with the Executive Member for Environment, be authorised to make appropriate amendments and updates where required to the consultation document before it is finally published, provided that these do not change the overall direction, shape and emphasis of the document and do not raise any significant new issues.

225

DELEGATION IN RESPECT OF GRANTS TO THE COUNTY COUNCIL

The Council considered and approved the report of the Head of Corporate and

Legal Services (Item 9 in the Minute Book) requiring an addition to the Constitution in relation to grants received by the County Council from government departments.

RESOLVED:

That the Constitution be amended to include at Part 2: Chapter 1, paragraph 4

that the County Treasurer has lawfully delegated authority to agree to terms and conditions for and on behalf of Hampshire County Council in respect of grants under Section 31 of the Local Government Act 2003 and such other grants as may be awarded from time to time.

226

DISABLED PERSONS (INDEPENDENT LIVING) BILL -

NOTICE OF MOTION

The Council considered the following Notice of Motion received from

Councillor Dowden and seconded by Councillor Simpson:

"Hampshire County Council fully supports Lord Ashley's Disabled Person's (Independent Living) Bill and writes to urge the Prime Minister, Gordon Brown, that Government allow sufficient Parliamentary time for the Bill to become an Act of Parliament and allocates sufficient funds to implement the principles of it."

The following amendment was moved by Councillor Hindson and seconded by

Councillor Davidovitz:

Line 1, first word, insert "while";

Line 2, delete "and" and substitute "it"; delete "urge" and insert before "that" the words "to ask" and delete "allow" and substitute "takes on the sponsorship of the Bill and extends its scope to cover all vulnerable groups in society including frail, elderly people whose numbers are growing, allocates"

Line 3, delete "to become an Act of Parliament and allocates sufficient" and substitute "to it and"

Line 4, delete "the principles of it" and substitute "its provisions" so that, if accepted, the amendment would read: "While Hampshire County Council fully supports Lord Ashley's Disabled Person's (Independent Living) Bill, it writes to the Prime Minister, Gordon Brown, to ask that Government takes on the sponsorship of the Bill and extends its scope to cover all vulnerable groups in society including frail, elderly people whose numbers are growing, allocates sufficient Parliamentary time to it and funds to implement its provisions."

Councillor Dowden and his seconder indicated their support for the amendment

and, on being put to the vote, the amendment was approved by the Council.

RESOLVED:

While Hampshire County Council fully supports Lord Ashley's Disabled Person's (Independent Living) Bill, it writes to the Prime Minister, Gordon Brown, to ask that Government takes on the sponsorship of the Bill and extends its scope to cover all vulnerable groups in society including frail, elderly people whose numbers are growing, allocates sufficient Parliamentary time to it and funds to implement its provisions.

227

ROYAL BRITISH LEGION CAMPAIGN IN SUPPORT OF THE MILITARY COVENANT - NOTICE OF MOTION

With the agreement of the Council, Standing Order 17 was suspended in order to

allow consideration of a late Notice of Motion by Councillor Simpson, seconded by Councillor Kirk:

"This Council supports the Royal British Legion in its campaign to get fairer treatment for people in the Armed Forces. It calls upon H.M. Government to honour the Military Covenant.

The Military Covenant states:

`Soldiers will be called upon to make personal sacrifices - including the ultimate sacrifice - in the service of the nation. In putting the needs of the nation and the army before their own, they forgo some of the rights enjoyed by those outside the Armed Forces. In return, British soldiers must always be able to expect fair treatment, to be valued and respected as individuals, and that they (and their families) will be sustained and rewarded by commensurate terms and conditions of service.'"

Councillor Reid declared a personal interest through his employment;

Councillors Cartwright, Devereux, Kirk, Price, Rice and Simpson declared personal interests by way of their membership of the Royal British Legion; Councillor Frankum declared a personal interest for family reasons and Councillor Dunsdon declared a personal interest as a member of the British Limbless Ex-Servicemen's Association.

Whilst unanimously supporting the motion, the Council considered that the

County Council itself could do more to support Armed Forces personnel in the county and the Leader of the Council undertook to give this further consideration.

RESOLVED:

a)

That this Council supports the Royal British Legion in its campaign to get fairer treatment for people in the Armed Forces and calls upon H.M. Government to honour the Military Covenant, being aware that the Military Covenant states:

`Soldiers will be called upon to make personal sacrifices - including the ultimate sacrifice - in the service of the nation. In putting the needs of the nation and the army before their own, they forgo some of the rights enjoyed by those outside the Armed Forces. In return, British soldiers must always be able to expect fair treatment, to be valued and respected as individuals, and that they (and their families) will be sustained and rewarded by commensurate terms and conditions of service.'

b)

That the Leader of the Council be asked to consider what further steps the County Council could take to acknowledge the contribution made by the Armed Forces to the wellbeing of the Hampshire community and in recognition of the service they give and the sacrifices they make.

228

HAMPSHIRE POLICE AUTHORITY

The County Council received and noted the report of the Hampshire Police

Authority. No questions had been received under Standing Order 20(d).

229

HAMPSHIRE FIRE AND RESCUE AUTHORITY

No questions had been received under Standing Order 20(e) and, on this

occasion, there was no report of the Authority.

230

REPORT OF THE SELECT COMMITTEES

The Council received and noted the annual report of the Select Committees made

pursuant to Part 1, Chapter 6, paragraph 6.5.4 of the Constitution.

231

REPORTS FOR INFORMATION

The Council received the reports of the following:

a)

Cabinet/Leader

b)

Executive Member for Environment

c)

Executive Member for Adult Social Care

d)

Executive Lead Member for Children's Services (Education) and Executive Member for Children and Families

e)

Health Overview and Scrutiny Committee

232

CABINET PORTFOLIOS - CHILDREN'S SERVICES

The Council received and noted the report of the Chief Executive setting out the

changes to be effected to the Constitution to reflect the current Children's Services portfolios.