Archived decisions

Hampshire

__________

At a Meeting of Hampshire County Council held at The Castle, Winchester on 17 September 2009.

Chairman:

p Councillor Tim Knight

Vice-Chairman:

a Councillor Mrs Carol Leversha

39. APOLOGIES FOR ABSENCE.

Apologies for absence were received from Councillors Bryant, Dickens, Glen, Kemp-Gee, Kirk, Kimber, Mrs Leversha, McIntosh, Roz Muschamp, Mrs Porter, Mrs Still and Tennent.

Apologies had also been received from Honorary Aldermen Captain Boyle and Mr George Porter.

40. DECLARATIONS OF INTEREST.

All Members who believed they had a personal or prejudicial interest in any matter to be considered at the meeting were asked to declare that interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, to consider whether to leave the meeting whilst the matter is discussed, save for exercising any right to speak in accordance with paragraph 12 of the Code. The declaration should be made at the time of the relevant debate.

41. MINUTES.

The minutes of the meeting of the County Council held on 16 July 2009 were agreed subject to the following:

a) due to printing problems, an amendment was required to record that Councillor Tim Knight was in the Chair and Councillor Mrs Leversha was Vice-Chairman;

b) an addition to the Minute recording the content of the second question submitted by Councillor Mrs Frankum to emphasise that she had asked that the Executive Member for Environment show his support for deliveries by Tesco Supermarket to be fully resumed to the Popley area. As a result of action taken by Hampshire County Council's Trading Standards the service had now been re-established; and

c) to record that Councillor David Simpson was present at the meeting

The Minutes were signed by the Chairman.

42. DEPUTATIONS.

A deputation was received by Mrs Liz Leffman of Knowle requesting action to be taken on distributor roads in Whiteley.

43. CHAIRMAN'S COMMUNICATIONS.

The Chairman presented his report (Item 5 in the Minute Book) and expanded on the wide range of duties undertaken to represent and promote the County Council and its strong community leadership role. In particular the Chairman highlighted two events, firstly his recent visit to the Portsmouth Friendship Centre in Southsea, which had been very rewarding and secondly, the marriage of Councillor Margaret Snaith, the Executive Member for Culture, Communities and Recreation on 4 September 2009. The Council took the opportunity to extend their best wishes to Councillor Mrs Snaith-Tempia.

44. LEADER'S REPORT.

It was with much regret that the Leader reported the passing of Harry Cunliffe, a former East Hampshire District Councillor, following a short period of illness. The Leader also reported the passing of Sir Giles Rivett-Carmac Bt. DL. who was High Sheriff and Vice Lord Lieutenant of Hampshire. Sympathy was extended to both families and the Council observed a minute's silence as a mark of respect.

The Leader had pleasure in reporting the award of a £1,500 grant to the Hampshire branch of the Red Cross for their centenary celebration event to be held in October at Winchester Cathedral. The event, which provides an excellent opportunity to recognise the achievements of and contribution from the charity's 1600 volunteers in Hampshire will also coincide with the charity's inaugural meeting in the County in 1909.

The Leader reported on National Sure Start Children's Centre Week. The County Council's 60 Children's Centres would be celebrating their success within the local community by raising awareness and highlighting the vital services they provide to families and young children. A range of activities would be offered across the County and the County Council's two mobile Children's Centre vehicles would be taking services direct to residents in some of the most isolated rural communities and for whom access through outreach services is not deliverable.

Again it was with pleasure that the Leader reported the award of the much coveted Green Flag for both Staunton Country Park and Queen Elizabeth Country Park, both in East Hampshire. This is the fourth consecutive year that both parks have achieved a Green Flag, highlighting the outstanding quality of the County's countryside.

The Leader reported on the Trafalgar Project, run by Releasing Potential which is a national charity supporting young people. The Project has been offering young people in the care of the County Council the opportunity to gain sailing experience to help them develop new skills and boost their self-esteem. As a result a Hampshire child in care who lives with foster carers in Waterlooville looks set to achieve his goal of becoming a sailing instructor thanks to the partnership.

The Leader announced that as a result of a £5.5 million underspend on the County Council's £642 million annual budget, an additional £3 million had been set aside to spend on improving roads, making them safer and preventing future problems. Schemes include:

· £2.4 million for extra highways maintenance work such as filling more potholes

· £300,000 to complete the Village 30 schemes and reduce traffic speeds to 30 mph through villages that meet the criteria and have asked to be included

· £300,000 for highways drainage improvements

The remaining £2.5 million underspend would be earmarked as a reserve to reduce the 2011/12 Council Tax increase.

The Leader reported that the Cabinet had decided not to accept the special responsibility allowance increase of 6% this year, as recommended by the Independent Remuneration Panel and approved by the County Council in November 2008.

Following the unauthorised release of information contained in a confidential Appendix to a report presented to the Audit Committee in June, the Leader reminded all Members that disclosure of exempt information is a breach of the Member's Code of Conduct or Officer's Code of Conduct as well as being prejudicial to the effective conduct of public affairs and delivery of the County Council's business. The Monitoring Officer was accordingly carrying out a full investigation which would determine whether or not the matter be reported to the Standards Committee for further action. Following advice from the Monitoring Officer and the Chief Executive, a report on the operation of existing protocols and business processes in respect of the compilation and issue of confidential reports had been commissioned and would be submitted to Cabinet, and in turn, the Audit Committee.

The Leader reminded all Members of the need to give the appropriate period of notice to the Chairman of a Committee or Panel if a Member wishes to speak on an item on the agenda. The Leader also reported that this standard procedure applies to the Leader of the Opposition, with immediate effect, in respect of Cabinet meetings, 5 [consecutive] days or 3 [clear working] days on the proviso that Cabinet is held on a Monday as per usual practice.

The Leader took the opportunity to report that the present Hampshire Action Team (HAT) arrangements were continuing to be reviewed and anticipated that a report would be presented to Members shortly. In the meantime, the Environment Department would be scheduling some one-off highway related meetings to help inform the Executive Member for Environment on the difficult choices that lay ahead in next year's budget.

The Calendar of Meetings to cover the 15 month period January 2010 to the end of March 2011 was currently out to consultation with Executive Members and Committee and Panel Chairmen. Once confirmed, a diary insert to the Member Reference Guide would be supplied to all Members and the updated year book information.

Finally the Leader reminded all Members that there was an opportunity to have a guided tour of the new conference facilities in the former Ashburton Court building upon rising of the Council meeting.

45. QUESTIONS UNDER STANDING ORDER 20(b).

First questions:

a) The Leader, Executive Member for Policy and Resources, answered a question from Councillor Alan Dowden asking how many Deafblind children and adults were presently living in Hampshire.

b) The Leader, Executive Member for Policy and Resources, answered a question from Councillor Adam Carew requesting support for Early Day Motion 1614 in respect of the Fuel Poverty Bill Number 2 and that the Leader write to all Hampshire MPs, PPCs, Council Leaders, the LGA and Minister David Kidney MP.


c) In the absence of Councillor Mrs Jackie Porter, it was agreed that a response to Councillor Mrs Porter's question about the weed killing programme be supplied in writing and, as requested, circulated to all Members.


d) The Leader, Executive Member for Policy and Resources, answered a question from Councillor Chris Thomas as to the effect on the County of there were a command economy.


e) The Leader, Executive Member for Policy and Resources, answered a question from Councillor Ann Buckley requesting a progress report on the Staunton Road railway bridge in Bedhampton in respect of replacement lighting.


f) The Leader, Executive Member for Policy and Resources, answered a question from Councillor Mrs Charlotte Bailey in respect of whether or not the County Council had responded to the Defra consultation on the Draft Noise Action Plan.


g) The Leader, Executive Member for Policy and Resources, answered a question from Councillor Brian Dash concerning Hampshire's schools success in exam results this year in the context of the allegations that exams are being simplified to achieve higher exam results.

Second questions:

h) Councillor Felicity Hindson, Executive Member for Adult Social Care, answered a question from Councillor Alan Dowden asking how the County Council had responded to the proposal in the Government's Green Paper "The Shaping of the Future of Care" to stop attendance allowance and end the care component of DLA.

At this point of the proceedings, the time allocation of 30 minutes for Questions pursuant to Standing Order 12(i) had expired therefore it was agreed that written answers would be supplied to a further three questions that had been submitted by Councillors Adam Carew and Chris Thomas.

46. NEW CHILDREN AND FAMILIES ADVISORY PANEL -
APPOINTMENTS.

The Council considered the report of the Chief Executive and Director of Children's Services setting out the terms of reference for the new Children's and Families Advisory Panel. Nominations were received as follows:


Councillors: Mrs Marilyn Tucker (Chairman); Adrian Evans (Vice-Chairman); Mrs Charlotte Bailey; Brian Dash; Ray Bolton; David Keast; Roz Muschamp; Mrs Pamela Mutton and Mrs Jackie Porter

RESOLVED:

That the terms of reference be approved and the Councillors listed above be appointed to serve on the Children and Families Advisory Panel.

47. PROPORTIONALITY

On the recommendation of the Leader of the Council it was

RESOLVED:

That the updated proportionality table (Item 8(b) in the Minute Book) be approved to reflect the addition of the new Children and Families Advisory Panel.

48. EMPLOYMENT IN HAMPSHIRE COUNTY COUNCIL COMMITTEE -
ALTERATION

On the recommendation of the Leader of the Council it was



RESOLVED:

That Councillor Chris Carter be appointed as a replacement for Councillor Peter Edgar.

49. NEW EFFICIENCY PANEL - CONFIRMING MEMBERSHIP

The establishment of an Efficiency Panel, reporting to the Executive, was approved at Council on 16 July 2009. Appointments to this Executive Panel were confirmed as follows:

Councillors: Colin Davidovitz (Chairman); Dr. Ray Ellis (Vice-Chairman) and Felicity Hindson.

50. RIVER HAMBLE HARBOUR BOARD - RE-APPOINTMENT

On the recommendation of the Leader of the Council it was

RESOLVED:

That Dr. Susie Tomson be re-appointed as a co-opted member on the River Hamble Harbour Board.

51. ARC MANCHE/CHANNEL ARC - COUNTY COUNCIL REPRESENTATION

On the recommendation of the Leader of the Council it was

RESOLVED:

That Councillor Colin Davidovitz be appointed to fill the current vacancy and that Councillors Adrian Evans and Keith Evans be appointed to fill the two deputy member vacancies.

52. ASSEMBLY OF EUROPEAN REGIONS - COUNTY COUNCIL REPRESENTATION

On the recommendation of the Leader of the Council it was

RESOLVED:

Councillor Dr. Ray Ellis be appointed to fill the current vacancy and that Councillor Keith Mans be appointed as a Standing Deputy.

53. CONFERENCE OF PERIPHERAL MARITIME REGIONS - COUNTY COUNCIL REPRESENTATION

On the recommendation of the Leader of the Council it was



RESOLVED:

That Councillor Dr. Ray Ellis be appointed as a Standing Deputy to the Executive Member for International Affairs.

54. SOUTHERN REGIONAL FLOOD DEFENCE COMMITTEE - COUNTY COUNCIL REPRESENTATION

On the recommendation of the Leader of the Council it was

RESOLVED:

That Councillor Ray Bolton be appointed to fill the current vacancy.

55. REGULATORY A AND B COMMITTEES - ALTERATION

The Council considered a proposal to increase the size of the Regulatory A and B Committees to a total of 21 members on the proportional basis (14:7).

RESOLVED:

That the Regulatory A and B Committees be increased from 15 to 21 members and that the Chief Executive seek the additional nominations, on a proportional basis of 4:2.

56. TRANSPORT FOR SOUTH HAMPSHIRE BUSINESS PLAN 2009-11

The Council considered the draft Transport for South Hampshire (TfSH) Business Plan 2009-11 (Item 9 in the Minute Book) following consideration and recommendation to the County Council by the Transport for South Hampshire Joint Committee at its meeting on 30 June 2009. The Executive Member for Environment presented the report containing a summary of the key points contained in the draft Business Plan.

Councillor Mark Cooper, seconded by Councillor Keith House moved an amendment to the report's recommendation, the substantive text of which is as follows:

"The Executive Member for Environment will be aware that a significant part of the `vision' referred to in the summary document presented relates to the first phase of the Fareham to Gosport Bus Rapid Transit. That vision is currently `on hold' as a consequence of a Court injunction."

"This may be, therefore, an opportunity to revisit the scheme, which if it were to proceed, would completely obstruct the earlier and more ambitious vision of the County for a South Hampshire wide Light Rapid Transit (LRT) system based on a fixed rail system. The Bus Rapid Transit (BRT) scheme involves the complete destruction of the existing rail infrastructure between Fareham and Gosport; bridges and rail embankments are to be replaced wholesale by the ramps and roads."

"In effect, the County Council would be spending £20 million of tax payers money to destroy an existing, albeit partly dismantled, rail link and once the roads and ramps are installed it will be even more prohibitively expensive to go back again to rail. Yet a dedicated LRT has a higher capacity and is less environmentally intrusive than any bus based system. LRT between Fareham and Gosport could be, would be, the start of an LRT that would grow to serve the whole of urban South Hampshire and its not new; the County Council has had an LRT vision for many years yet it is allowing a £20 million Government grant for a BRT to throw it completely off course from the far more visionary LRT."

"Buses will never get people weaned off their cars but an LRT can achieve this laudable ambition as evidenced by many of the world's urban agglomerations. Members are urged to do two things with the TfSH Business Plan:

i) require that the County Council and the TfSH Joint Committee
revisit the whole BRT scheme with a view to going back to a
LRT scheme; and

ii) that the draft Business Plan be deferred until (i) above is
completed."

During the course of a full debate, strong concern was expressed that any delay to the BRT scheme as proposed in the above amendment would jeopardise the £20 million funding from Government which was time limited. Chronic congestion problems in the Fareham/Gosport area were well documented and to delay the progress of a scheme that would start to tackle the infrastructure deficit would be a great disappointment to its many supporters. The Executive Member for Environment reported a point of clarification about the Judicial Review in that it was not challenging the merits of the scheme but the process leading up to the Regulatory Committee decision to grant planning permission. Overall, it was felt that action was needed now and in the absence of funding from the Government for a Light Rapid Transit scheme, that the BRT scheme would not as suggested in the motion, prejudice a future light rail scheme on the same route, and that BRT was the right way forward which would provide links to other transport services through Phases 2 and 3. In conclusion of the debate, the Executive Member for Environment drew Members attention to Figure 1 on page 6 of the draft Business Plan outlining the TfSH major partners who have all agreed the Plan and confirmed that the Transport for South Hampshire Joint Committee determines funding priorities on the basis of the soundness of schemes and their deliverability.

The amendment was put to the vote. The majority of Members did not support it therefore the amendment was lost and it was accordingly

RESOLVED:

That the Transport for South Hampshire draft Business Plan for 2009-11 be approved subject to additional funding being secured by the three constituent highway authorities.

57. PLANNING AND ENVIRONMENTAL PROTECTION FOR DIBDEN BAY - NOTICE OF MOTION

Councillor Brain Dash, seconded by Councillor Alan Weeks, presented the following Notice of Motion which had been submitted pursuant to Standing Order 17 (i):

"This Council recognises the significant contribution of Totton and the Waterside to the economy of Southern Hampshire, in particular through two power stations, a major refinery, its satellite industries, an Energy from Waste plant catering for a third of Hampshire's capacity, a Military Port, a hazardous waste disposal plant and a new marine industrial park."

"The Waterside also contributes to the Hampshire ecology and wider environment including part of the New Forest National Park. It contains an internationally protected RAMSAR and SPA foreshore and Site of Special Scientific Interest as well as a Site of Importance for Nature Conservation at Dibden Bay."

"In the light of the development proposals for Dibden Bay included in the Port of Southampton's 2009 Master Plan, it is clear that stronger planning and environmental protection is needed for Dibden Bay and that National Park boundary should be reviewed to include the land at Dibden Bay."

"Accordingly this Council calls upon the Secretary of State Hilary Benn, Huw Irranca-Davies and DEFRA and Natural England using powers under the Wildlife & Countryside Act 1981 to enact this change without further delay."

Councillor Mel Kendal, seconded by the Leader moved the following amendment:

That paragraphs three and four of the Motion be deleted and replaced with the following:

"Whilst it is clear that the Secretary of State may grant permission for development within a National Park boundary if there is a proven national need for the development, nevertheless the County Council believes that the need for this development does not outweigh the environmental consequences.

Given the nature of the County Council's previous objections to the proposed Dibden Terminal, and having regard to the Secretary of State's decision refusing the proposal on nature conservation grounds, the Council would not be prepared to alter its position on the basis of current circumstances. The Council will continue to monitor the use and demand for port facilities to ensure that its position remains relevant and up-to-date later in the next decade when the need for additional facilities needs to be considered. As Highways Authority, the County Council will also have particular regard to the transport implications of future development on the highway network. In the event that the port develops as envisaged in the Master Plan, substantial upgrading of transport infrastructure would be required.

As Hampshire County Council supported the inclusion of Dibden Bay within the original proposed New Forest National Park boundary and the Government's advisors on boundary delineation the Countryside Commission (now Natural England) similarly proposed that Dibden Bay should be included in the New Forest National Park boundary, this Council requests the Secretary of State Hilary Benn, Huw Irranca-Davies, Defra and Natural England, using powers under the Wildlife and Countryside Act 1981, to include Dibden Bay within the New Forest National Park as originally proposed without further delay."

At this point of the proceedings Councillors David Harrison, Edward Heron, Keith Mans, Alan Rice and Alan Weeks declared a personal interest.

Pursuant to Standing Order 27 (e) both the seconder of the Motion and the seconder of the amendment reserved the right to speak until a later period of the debate.

During the course of a full debate, strong support for the Motion and the proposed amendment was expressed. The Motion, together with the amendment was put to the vote which resulted in unanimous support therefore it was

RESOLVED:

That the Motion, together with the proposed amendment be approved and letters be sent to the Secretary of State, Huw Irranca-Davies, DEFRA and Natural England.

58. THE DEPARTMENT FOR HEALTH'S SOCIAL CARE FOR DEAFBLIND CHILDREN AND ADULTS CIRCULAR - NOTICE OF MOTION

Councillor Alan Dowden, seconded by Councillor Brian Dash, presented the following Notice of Motion which had been submitted pursuant to Standing Order 17 (i):

"This Council welcomes the Department of Health's Social Care for Deafblind Children and Adults - LAC (DH) (2009) 6 circular. The implementation of this guidance will have a positive impact upon the support that deafblind people receive. The deafblind guidance expects this council to:

(i) identify, make contact with and keep a record of the deafblind
people within Hampshire

(ii) ensure that assessments are carried out by properly trained
personnel

(iii) ensure that appropriate services are provided for deafblind people
remembering that individual services for people who are deaf or
who are blind may not be appropriate for someone who is both
deaf and blind

(iv) ensure that they have access to fully trained, one- to- one support
workers if necessary

(v) provide information in a suitable format which is accessible to
deafblind people

(vi) ensure that a senior manager is given responsibility for deafblind
services.

This Council will implement the guidance without delay."

Pursuant to Standing Order 17.4 the Leader proposed that the Notice of Motion be referred to the Policy and Resources Select Committee for consideration. This was supported therefore it was


RESOLVED:

That the matter be referred to the Policy and Resources Select Committee for consideration and to report back to the Council at its next meeting, unless circumstances necessitate a report to a later meeting.

59. HAMPSHIRE POLICE AUTHORITY

No questions had been received pursuant to Standing Order 20(d). The Council received the report of the Authority.

60. HAMPSHIRE FIRE AND RESCUE AUTHORITY

No questions had been received pursuant to Standing Order 20(d), however concern was expressed that there was insufficient time after the despatch of agenda papers for the submission of questions albeit that despatch dates were compliant with legislative requirements. The Leader agreed to give this consideration. The Council received the report of the Authority.

61. REPORTS FOR INFORMATION

The Council received the reports of the following:

a) The Cabinet/Leader
- The South East Hampshire Bus Rapid Transit Scheme,
Phase 1 Fareham-Gosport
- Refurbishment of Basingstoke Library - creating a Discovery
Centre


b) Executive Member for Children's Services:
- School Places Plan
NB: some concern was expressed that members newly elected to the County Council in June may not have been fully aware of the opportunity to comment on the School Places Plan. Any Member wishing to do so should contact the Director of Children's Services. The Plan can be viewed at http://www3.hants.gov.uk/education/schools/school-places.

c) Health Overview and Scrutiny Committee
- Inquiries received and action taken:
South Central Ambulance Trust - Road Closures
Southeast Hampshire Capacity Plan
Access to Therapy Services for children with disabilities and
complex care needs
Ambulance response times in rural areas
Treatment of heart attacks
- Fluoridation of water supplies in Southampton and
Southwest Hampshire - progress update
- Out of Hours and unscheduled care


d) Executive Member for Environment and Executive Members for Culture, Communities and Recreation

- North Wessex Downs Area of Outstanding Natural Beauty
Management Plan


e) Executive Member for Environment
- Project Appraisal: A326 Twiggs Lane, Marchwood -
pedestrian crossing


f) Executive Member for Recreation, Heritage and Communities
- Find Your Talent Plan for 2009/10