Agenda and minutes

Venue: Council Chamber - Deanes. View directions

Contact: Democratic Services Team 

Media

Items
No. Item

90/19

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Faulkner and Reid.

91/19

Declarations of interest

Minutes:

Councillor Phillimore declared an interest as a board member of Basingstoke Town Community Football Club.

 

Councillor Eachus and Still both declared an interest in relation to any items concerning Basingstoke Town Football Club due to their employment and declared they would leave the room for consideration of agenda item 15 – Basingstoke Town Community Football Club Motion.

 

92/19

Minutes of the meetings held on 19 December 2019 and 16 January 2020 pdf icon PDF 336 KB

The Chair will move that the minutes of the meetings be signed as a correct record. The only part of the minutes that can be discussed is their accuracy.

Additional documents:

Minutes:

The minutes of the meetings held on 19 December 2019 and 16 January 2020, were confirmed as an accurate record and signed by the Mayor.

93/19

Announcements

Minutes:

The Mayor informed members of three upcoming events in support of her Mayoral charities and invited members to attend:

 

1)            The Spring Charity concert on 7 March 2020 at the Anvil with massed local choirs accompanied by the Heritage Light Orchestra and Basingstoke Area Youth Orchestra.

 

2)            An evening with James Ketchell on 13 March 2020 at the Apollo Hotel, a local adventurer who had circumnavigated around the world in a gyrocopter.

 

3)            An Indian-themed charity lunch to be held at Basingstoke College of Technology on 19 March 2020.

94/19

Questions from members of the public

To receive and answer any questions from the public.

(Questions must be received in writing by Democratic Services no later than noon on Tuesday 25 February 2020)

 

Question 1

 

From:  Mr Donnelly

 

Due to the moral and legal concerns here, and the “missing” covenant, has the council yet managed to contact either the 5th Viscount, or his representatives, to see what conditions, they put on the sale of the land to Basron Ltd ?

 

Question 2

 

From:  Mr Howe

 

It seems to me that the eviction of Basingstoke Town Football Club from the Camrose ground in 2019 reflects the tension that can exist between private enterprise and the best interests of the local community. The finding of the covenant, which clearly sets out the wishes of Lord Camrose through to the year 2053, alongside the events of the past 2 or 3 years, raises a number of uncomfortable questions and is suggestive of a significant imbalance of power (I’ll refrain from using the term “bullying”) at the centre of this matter; a David and Goliath situation exacerbated by a lack of regulation. Does the Council consider that it should now have sufficient regulation in place so that this power imbalance does not undermine the sporting and recreational infrastructure that supports family and community life in Basingstoke? If so how does the Council intend to implement its regulatory role going forward?

 

Question 3

 

From:  Mr Frangou

 

Why was the Covenant to secure the Camrose as a sports ground, was not registered against the Freehold title (knowing that it was not registered against both freehold & leasehold titles). Why was this not registered prior to the transfer of the freehold to Basron. Whereby protecting the Camrose ground from any potential future development?

 

Question 4

 

From:  Mr Stoker

 

Under HM Land Registry Current Title Plan number HP737900 the Registered Owner of Title Absolute is the Borough Council of Basingstoke and Deane.  This freehold land forms part of the Land at Camrose Ground, Western Way, Basingstoke (RG22 6EZ). 

 

Will the Borough Council kindly confirm that it fully supports the use of this land for the purposes of  alternative use other than that of a major sports ground facility?

 

Should the Borough Council endorse the use of this land for alternative use(s), will it ensure that it contributes to the provision of a new facility for the exclusive use of Basingstoke Town Football Club which is:-

 

(a)       Of equivalent or better quality

(b)       Of equivalent or greater quantity

(c)        In a suitable location

(d)       Subject to equivalent or better accessibility and management arrangements

(e)       Subject to a Section 106 agreement to ensure that suitable mitigation is delivered within a satisfactory timescale

 

Will the Borough Council also confirm that the same conditions are imposed on other alternative uses on the Land at Camrose Ground for which the Borough Council is not the Registered owner of Title Absolute, namely the land under HM Land Registry Current Title Plan number HP609233 referred to as “land at Basingstoke Football Ground,  ...  view the full agenda text for item 94/19

Minutes:

The Mayor stated that as a number of public questions had been submitted, the normal time of 20 minutes allocated to question time would be extended. 

 

Questions relating to Basingstoke Town Football Club (BTFC)

 

Question 1

 

From:  Mr Donnelly

 

Due to the moral and legal concerns here, and the “missing” covenant, has the council yet managed to contact either the 5th Viscount, or his representatives, to see what conditions, they put on the sale of the land to Basron Ltd?

 

Answer – Cabinet Member for Communities, Culture and Partnerships

 

According to information available at HM Land Registry, the freehold title is owned by Basron Developments Limited – there is no covenant on the freehold title requiring the land to be used as a football club.  There is no reason for the council to contact the 5th Viscount  or his representatives as the freehold title information is publicly available and any restrictions imposed at the time of the sale and still affecting the land would appear on this title. Basingstoke Town Limited occupy this site under a lease dated 12th November 1953 (for a period of 99 years from 24th June 1953).  This lease contains a covenant by the tenant, now Basingstoke Town  Limited, only to use the land as a football or sports ground.  Only Basron Developments Limited, as landlord of this lease, can enforce this covenant against Basingstoke Town  Limited.  The council cannot enforce this covenant as it is not a party to the lease and has no freehold interest in the land.  Basron Developments Limited may choose not to enforce the covenant and this seems likely as Rafi Razzak is a director of both the landlord and the tenant companies.

 

Supplementary Question

 

Does the council have any intention to develop or sell its strip of land at the Camrose?

 

Supplementary Answer – Cabinet Member for Regeneration and Property

 

No, the council has no plans currently in terms of future use of that land.

 

Question 2

 

From:  Mr Donnelly representing Mr Howe

 

It seems to me that the eviction of Basingstoke Town Football Club from the Camrose ground in 2019 reflects the tension that can exist between private enterprise and the best interests of the local community. The finding of the covenant, which clearly sets out the wishes of Lord Camrose through to the year 2053, alongside the events of the past 2 or 3 years, raises a number of uncomfortable questions and is suggestive of a significant imbalance of power (I’ll refrain from using the term “bullying”) at the centre of this matter; a David and Goliath situation exacerbated by a lack of regulation. Does the Council consider that it should now have sufficient regulation in place so that this power imbalance does not undermine the sporting and recreational infrastructure that supports family and community life in Basingstoke? If so how does the Council intend to implement its regulatory role going forward?

 

Answer – Cabinet Member for Communities, Culture and Partnerships

 

The council has no  ...  view the full minutes text for item 94/19

95/19

Petitions

To receive petitions.

(Notice of petitions must be received in writing by Democratic Services, no later than noon on Tuesday 25 February 2020)

 

A petition will be presented by Mr Hewitt regarding calling for an end to further expansion in the village of Oakley.

Minutes:

The petition due to be presented by Mr Hewitt was postponed to a later date.

96/19

Resignations and appointments pdf icon PDF 93 KB

a) to receive resignations from Committees and to make any necessary re-appointments

 

 

b) to receive resignations from Outside Bodies and to make any re-appointments and (ii) fill any existing vacancies.

 

Minutes:

The following resignations and appointments were approved:

 

1)     Councillor N Robinson replace Councillor Court on the Licensing Committee.

 

2)     Councillor M Westbrook replace Councillor J Westbrook as a substitute member on the Development control committee.

 

3)     Councillor Ruffell be appointed to the Basingstoke Canal Joint Management Committee.

97/19

Appointment of the Head of Law and Governance and Monitoring Officer pdf icon PDF 239 KB

Recommendation from the Human Resources Committee held on 22 January 2020

 

To appoint Fiona Thomsen as Head of Law and Governance and Monitoring Officer effective from the commencement of her employment.

Additional documents:

Minutes:

Resolved:     That Fiona Thomsen be appointed as Head of Law and Governance and Monitoring Officer effective from the commencement of her employment.

98/19

Council Plan 2020 to 2024 pdf icon PDF 275 KB

Recommendation from the Cabinet meeting held on 11 February 2020

 

That Council adopt the Council Plan 2020 to 2024

Additional documents:

Minutes:

The Mayor stated that agenda items 9 and 10 would be debated together.

 

Council considered a report which set out the council plan for 2020 to 2024 which sits alongside the Medium Term Financial Strategy (MTFS) and sets out the council’s vision and policy priorities for future years.

 

The recommendation was carried on a vote of 41 in favour, 2 against and 15 abstentions.

 

Resolved: That the Council Plan 2020 to 2024 be approved.

99/19

Medium Term Financial Strategy and Budget Update Report 2020/21 to 2023/24 pdf icon PDF 911 KB

Report of the Executive Director of Finance and Resources (S151 Officer) and recommendation from the Cabinet Meeting held on 11 February 2020.

Additional documents:

Minutes:

Council considered a report which provided a summary of the Cabinet’s revenue budget proposals for 2020/21 together with a financial forecast for 2021/22, 2022/23 and 2023/24.  It also provided the Chief Finance Officers statutory statements on the robustness of the estimates, adequacy of reserves and estimate of business rate income for the Business Rate Retention Scheme and set out the formal 2020/21 Council Tax Resolution and Council Tax.

 

Group leaders were invited to give their annual budget speeches to the council which covered a wide range of issues.

 

The Leader of the Council moved the recommendations, seconded by Councillor Golding.

 

Councillor McCormick seconded by Councillor K Taylor proposed the following amendment:

 

Whilst noting the introduction of a Climate Change Revenue Reserve of £0.50M detailed in the report in paragraph 1.8 of the Executive Summary and detailed further in paragraphs 2.3 to 2.5 within the report, given the importance of this issue for the Council and for the Borough we propose to increase the reserve by a further £0.50M in 2020/21 to give a total reserve of £1.00M in that year.

 

It is proposed to fund this increase in the reserve by decreasing the sum allocated to finance future capital spend by the £0.50M currently allocated in 2020/21 for this purpose. This is shown in Table 10 on page 112 of the council report pack within section 13 of the report.  This would reduce the contribution to capital in 2020/21 to nil.

 

The amendment was debated and supported by members.

 

The recommendations as amended were fully debated and put to the meeting.  On a recorded vote there voted FOR 31: Councillors Bean, S Bound, Capon, Carruthers, Court, Cousens, Cubitt, Eachus, Edwards, Frost, Gardiner, Gaskell, George, Godesen, Golding, Izett, Kinnear, Leeks, Mahaffey, Miller, Putty, Rhatigan, N Robinson, T Robinson, Ruffell, Sanders, Still, D Taylor, Tomblin, Vaux, M Westbrook; AGAINST 13: Councillors Ashfield, M Bound, Harvey, Hickling, Hussey, G James, L James, Konieczko, Lovegrove, McKay, Phillimore, Potter, Tilbury; ABSTAINED 14: Councillors Cooper, J Frankum, P Frankum, Freeman, Grant, Jones, Keating, McCormick, Regan, K Taylor, M Taylor, Watts, J Westbrook, Wooldridge.

 

The recommendations were carried.

 

Resolved: That Council

 

Note:

1)            The S151 Officer’s (Executive Director of Finance and Resources) statutory report regarding the robustness of the estimates and the adequacy of reserves detailed in section 17 of the report.

 

2)            That the Executive Director of Finance and Resources (S151 Officer) on the 7 January 2020 calculated the Council Tax base for the whole Council area at 66,647 Band D equivalents and for dwellings in those parts of its area to which a parish precept relates as per Appendix 2 of the report.

 

3)            The county, police and fire authority precepts detailed in Appendix 3 of the report.

 

4)            That as the billing authority, the Council has not been notified by any major precepting authority that its relevant basic amount of Council Tax for 2020/21 is excessive and the billing authority is therefore not required to hold a referendum, in accordance  ...  view the full minutes text for item 99/19

100/19

Capital Programme Update and Strategy Report for 2019/20 to 2023/24 pdf icon PDF 1022 KB

Report of the Executive Director of Finance and Resources (Section 151 Officer) and recommendation from the Cabinet meeting held on 11 February 2020.

Additional documents:

Minutes:

Council considered a report that provided an update on the capital programme and Capital Programme Strategy for 2019/20 to 2023/24. 

 

The recommendations were moved by Councillor Golding and seconded by Cllr Izett.

 

Councillor McCormick moved and Councillor K Taylor seconded an amendment:

 

Appendix 1 to the Capital Programme Update and Strategy Report 2019/20 report on Page 235 of the report pack provides a breakdown of the capital schemes included in the programme for approval, with proposed spend detailed over the period of the Medium Term. We have noted that the Park and Access Schemes proposed spend has only been maintained for two years 2020/21 and 2021/22. Given the importance of this scheme to deliver improved and appropriate resident parking within the Borough, we would propose to continue this scheme into 2022/23 and 2023/24 and to increase the overall proposed scheme to bring forward priority roads in a timelier fashion. Recognising the need for an advanced scheme to be developed and for works to be scheduled in, the increase in the scheme is proposed from 2021/22 onwards. The table 1 below details the proposed change to the scheme.

 

Table 1 – Proposed Change to Park and Access Scheme

 

2020/21 £M

2021/22 £M

2022/23 £M

2023/24 £M

Total Scheme  £M

Proposed Scheme per published report

0.23

0.23

0.07

0.00

0.53

Proposed amended Scheme

0.23

0.50

0.50

0.50

1.73

Change

0.00

0.27

0.43

0.50

1.20

 

It should be noted that the overall increase in the proposed scheme is £1.20M over the period of the Medium Term.

 

It is proposed to fund the increase by utilising currently unallocated Capital Resources, specifically Revenue Reserves for Capital Purposes. Currently this stands at £9.00M in 2023/24. The proposed amendment linked to climate change reduces this to £8.50M. The use of this unallocated sum to fund the additional £1.20M would reduce this to £7.30M.

 

The amendment was fully debated with comments made regarding electric cars and charging points, re-prioritising the long list in relation to Park and Access Schemes, car ownership and the wider issue of parking in the future.  Members were supportive of the motion with 53 votes in favour and 4 abstentions and therefore was carried.

 

The recommendations as amended were debated and carried unanimously.

 

Resolved: That Council    

 

1)         Agree the addition of £12.22M to the capital programme and the removal of capital scheme provisions and scheme savings of £57.57M, which gives rise to a net decrease of £45.35M to the overall capital programme as detailed in sections 4 to 5 and Appendix 2 of the report.

 

2)         Approve the revised capital programme, which totals £89.65M (as detailed in paragraphs 2 to 9 and Appendix 1 of the report) and the associated use of resources.

 

3)         Approve expenditure being incurred on capital schemes in accordance with the revised capital programme and Financial Procedures. 

 

4)         Note the proposed budget transfers under delegated powers between schemes as set out in section 6 and detailed in Appendix 3 of the report.

 

5)         Approve the slippage and rephasing as  ...  view the full minutes text for item 100/19

101/19

Treasury Management Strategy 2020/21 pdf icon PDF 559 KB

Report of the Executive Director of Finance and Resources (S151 Officer)

Minutes:

The Mayor stated that agenda items 12 (Treasury Management Strategy) and 13 (Capital Investment Strategy) would be discussed together.

 

The Cabinet Member for Finance and Service Improvement introduced both reports.

 

Council considered a report which set out the Treasury Management Policy Statement and proposed Treasury Management Strategy for 2020/21 which set the framework and limits for the delivery of the council’s Treasury Management Strategy.

 

Resolved: That

 

1)     It be noted that the Treasury Management Policy Statement remains unchanged.

 

2)     The Treasury Management Strategy for 2020/21 be approved.

102/19

Capital Investment Strategy 2020/21 pdf icon PDF 696 KB

Report of the Executive Director of Finance and Resources (S151 Officer)

Minutes:

Council considered the report which set out the Capital Investment Strategy for 2020/21 and Investment Strategy (Non-Treasury) for 2020/21.

 

Resolved: To approve:

 

1)    The Capital Investment Strategy for 2020/21which includes:

 

i.     the Prudential Indicators for 2020/21 to 2023/24;

ii.    the Authorised Limit for External Debt of £50.00M for 2020/21 (as set out in the prudential indicators); and

iii.   the Annual Minimum Revenue Provision Statement for 2020/21.

 

2)    The Investment Strategy (Non-Treasury) for 2020/21.

103/19

Climate Emergency Update and Action Plan pdf icon PDF 552 KB

Report of the Cabinet Member for Environment and Enforcement

Additional documents:

Minutes:

The Cabinet Member for Environment and Enforcement introduced the report which provided information on the steps taken to respond to the Climate Emergency declaration which included establishing a Members Advisory Panel, forming an Officer Delivery Group to look at specific areas of operations and drive forward improvement, organising a summit of strategic partners to understand what actions they were taking and to seek opportunities for wider partnership working, and the commencement in post of a dedicated Climate Emergency Project Manager.  Discussions were also being held with local groups and Parish Councils to assist them to develop their own actions.

 

She highlighted some of the early steps that had been taken around climate change which included moving to green energy supplies for the Civic Offices, embedding climate change considerations into reports to councillors; and continuing a programme of improvements to reduce emissions which would include, looking at our fleet of operational vehicles, how staff and councillors carry out their work and the way that we travel to the offices.  Other small steps to reduce the impact on the environment could include reducing printing and making use of technology.

 

Members had a full debate and made a range of comments which included:

 

·         The Members Advisory Panel was a great example of working together.

 

·         A significant amount of the council’s carbon emissions comes from its fleet of vehicles, in particular waste vehicles.  A discussion needs to be had regarding alternate weekly waste collections and the impact it could have on climate change.

 

·         Parish Councils should be involved earlier in the process in relation to the Climate Change and Air Quality Strategy.

 

·         The importance of the natural environment and improvements in green infrastructure.

 

·         There needs to be some difficult conversations regarding tackling climate change in the borough.

 

·         Consideration needs to be given to weekly food waste collections.

 

·         Recycling banks are effective but need better management and should be invested in.

 

The Cabinet Member for the Environment and Enforcement responded to some of the comments made in relation to carbon emissions for vehicle movements, regarding alternate weekly collections and food waste collections, and agreed that they would need to be discussed on a cross party basis in the future particularly if there was a mandate from the government.

 

Resolved: To note

 

1)    The positive steps being taken to respond to the Climate Emergency declaration in 2019 including the establishment of a Members Advisory Panel;

 

2)    Support being provided and approach proposed to engaging with community groups including Parish Councils; and

 

3)    Proposals to develop a Climate Change and Air Quality Strategy for consultation in early Summer 2020. 

 

 

 

104/19

Notice of Motion - Basingstoke Town Community Football Club

Proposer:       Cllr M Taylor

Seconder:      Cllr R Cooper

 

This council believes that Basingstoke Town Community Football Club has a bright future if (and only if) it plays its home games in Basingstoke.

 

This council stands 100% behind Basingstoke Town Community FC moving back to Basingstoke next season, and will do everything within its legal powers to make sure this happens.

 

This council asks Cabinet to expedite the release of appropriate S106 contributions in time to enable works to the Winklebury ground to bring it to level D standard thereby allowing BTCFC to compete in Basingstoke

at Southern League Division 1 next season, thereby maximising its chances of survival.

 

This council also asks that a report be brought before the CEP committee and that CEP report to Cabinet on how the Council may support BTCFC to achieve level C facilities to allow them to compete in the Southern Premier League in the future using facilities equivalent to or better than what they enjoyed at the Camrose Ground.

Minutes:

Councillor M Taylor proposed and Councillor Cooper seconded the following motion:

 

This council believes that Basingstoke Town Community Football Club has a bright future if (and only if) it plays its home games in Basingstoke.

 

This council stands 100% behind Basingstoke Town Community FC moving back to Basingstoke next season, and will do everything within its legal powers to make sure this happens.

 

This council asks Cabinet to expedite the release of appropriate S106 contributions in time to enable works to the Winklebury ground to bring it to level D standard thereby allowing BTCFC to compete in Basingstoke

at Southern League Division 1 next season, thereby maximising its chances of survival.

 

This council also asks that a report be brought before the CEP committee and that CEP report to Cabinet on how the Council may support BTCFC to achieve level C facilities to allow them to compete in the Southern Premier League in the future using facilities equivalent to or better than what they enjoyed at the Camrose Ground.

 

The motion was fully debated.  A range of comments were made particularly in relation to Basron being held accountable and responsible for providing a replacement facility for the Camrose facility of a similar standard, improvements to the Winklebury ground to allow BTCFC to return to playing homes games in Basingstoke, Sport England’s view as a consultee to the planning application to ensure that Basron do the right thing and exploring options to help support the club in the long term.

 

Whilst there was a lot of support for the sentiment of the motion, some members felt they could not support the motion as it asked the council to do ’everything within its legal power’ to ensure the club could move back to Basingstoke, however the developer, Basron, should be held to account and provide the appropriate mitigation.

 

In response to a suggestion from Cllr Ruffell to amend the wording, the proposer and seconder of the motion agreed that the wording ‘will do everything within its legal powers’ be changed to ‘will do our utmost to try to make this happen’.

 

The motion as amended was put to the meeting.  On the request of Councillor N Robinson for a recorded vote there voted FOR 51: Councillor C Ashfield, Councillor R Bean, Councillor M Bound, Councillor S Bound, Councillor T Capon, Councillor K Carruthers, Councillor R Cooper, Councillor A Court, Councillor J Cousens, Councillor O Cubitt, Councillor L Edwards, Councillor A Freeman, Councillor J Frankum, Councillor P Frankum, Councillor R Gardiner, Councillor P Gaskell, Councillor D George, Councillor S Godesen, Councillor H Golding, Councillor S Grant, Councillor P Harvey, Councillor R Hickling, Councillor R Hussey, Councillor T Jones, Councillor G James, Councillor L James, Councillor S Keating, Councillor C Kinnear, Councillor A Konieczko, Councillor D Leeks, Councillor W Lovegrove, Councillor S Mahaffey, Councillor A McCormick, Councillor J McKay, Councillor P Miller, Councillor C Phillimore, Councillor D Potter, Councillor D Putty, Councillor C Regan, Councillor K Rhatigan, Councillor N Robinson, Councillor  ...  view the full minutes text for item 104/19

105/19

Questions from Members of the Council on notice

Minutes:

There were no questions.

106/19

Questions to the Chair of Cabinet and/or a Committee

To receive questions from members in relation to the minutes of the meetings detailed below:

 

Committee

Meeting Date

Human Resources

18 November 2019

Scrutiny

19 November 2019

Audit and Accounts

09 December 2019

Development Control

11 December 2019

Crime and Disorder Joint Scrutiny Committee

16 December 2019

Cabinet

17 December 2019

Community, Environment and Partnerships

18 December 2019

Council

19 December 2019

Economic Planning Housing

09 January 2020

Extraordinary Council

16 January 2020

Development Control

21 January 2020

Human Resources

22 January 2020

Audit and Accounts

27 January 2020

Community, Environment and Partnerships

29 January 2020

 

Minutes:

There were no questions.