The Very Reverend Michael Tavinor, Dean of Hereford, led the Council in prayer.

To receive apologies for absence.

Apologies were received from Councillors WU Attfield, DJ Benjamin, SPA Daniels, H Davies, P McCaull, DC Taylor and WJ Walling.

To receive any declarations of interest by Members in respect of items on the Agenda.

There were no declarations of interest.

Councillor JK Swinburne advised Council that her name had been omitted from the Council membership list on the agenda and confirmed that she continued to be a Councillor.

To approve and sign the Minutes of the Annual meeting held on 22 May and the Extraordinary meeting held on 12 June 2009.

The minutes of the Annual Meeting held on 22 May 2009 were approved as an accurate record.

The minutes of the Extraordinary Meeting held on 12 June 2009 were approved as an accurate record.

To receive the Chairman's announcements and petitions from members of the public.

On behalf of Council, the Chairman wished Councillor H Davies well as she was soon to receive hospital treatment.

The Chairman informed Council that Herefordshire had received two Royal Visits recently.  The Princess Royal toured the Ryefield Centre in Ross-on-Wye and Princess Alexandra visited St Michael’s Hospice and the Flower Festival at Lyde Arundel as part of St Michael’s Hospice’s 25^th Anniversary celebrations.  The Chairman emphasised the wonderful and dedicated work that took place in the Hospice and commended the Cabinet Member Social Care Adults, Councillor LO Barnett for the tremendous support she had provided to St Michael’s Hospice during its 25 years.

The Parade by 1^st The Queen’s Dragoon Guards and by B Company 1^st Battalion, The Rifles in Hereford held on 14 July proved particularly significant with the loss of Rifleman William Aldridge from Bredenbury and four of his fellow Riflemen in Afghanistan only a few days before.  A minute’s silence was held at Castle Green for William Aldridge and his colleagues and on behalf of the Council the Chairman expressed sympathy to Rifleman Aldridge’s family and friends.   The Chairman thanked the Dean for remembering Rifleman Aldridge in the Council’s opening prayers. The Chairman stated that support for our troops as they marched through Hereford from demanding tours of duty in Iraq and Afghanistan was heartening.  The Chairman also recently attended a reception for The Rifles in Coleford in the Forest of Dean.

The Chairman encouraged Members to attend his reception at the Three Choirs Festival on Sunday 9August at the Bishop’s Palace.  He stated that Members were looking forward to the Three Choirs Festival which brought great pleasure to the people of Hereford and was good for tourism and the local economy.

Referring to the “No Prejudice in Herefordshire” Motion that was carried unanimously at the Annual Meeting, the Chairman informed Councillors that they would be invited to a Multi-Faith event at Holmer CE Primary School on Monday 19 October and observe workshops for primary school children, run by members of four faith communities, and to take part in a discussion with faith community members. The Chairman of SACRE would send invitations to the event to Councillors shortly.

The Chairman highlighted the success of skate parks in both Hereford and Ledbury, and the opening of a park within Beaumont Gardens.  He welcomed such facilities for young people in Herefordshire.

To receive questions from members of the public.

Copies of all public questions, received by the deadline, with the written answers were distributed prior to the commencement of the meeting.  The Chairman advised Members that in line with the Council’s agreed process, each Member of the Public who had lodged a written question was permitted to ask one supplementary question, should they so wish.  Mr Lee, Mr Clay, Ms Evans, Mr McKay and Ms Roberts asked supplementary questions.  A copy of the public questions and written answers together with the supplementary questions and answers are attached as to these minutes.

To receive any written questions from Councillors.

Question from Councillor AT Oliver to the Cabinet Member Economic Development & Community Services

If the new retail market goes ahead the Council has undertaken to review it after 12 months.

1.1       What criteria is the Council going to use to judge success.  Is success for the new market traders to have traded profitably in the 12 months, or is success to have increased total footfall in Hereford’s city centre?

1.1.2   What appraisal has been done by the economic regeneration department about projected turnover from 25 market stalls, trading twice a week, and how much of this turnover will be replacement spending from existing shops?

Answer from Councillor AJM Blackshaw Cabinet Member Economic Development & Community Services

1.1       Judging success of market:

a)         Occupancy and retention rates of stalls will assess trader success.

b)         Monthly monitoring of the number of empty retail outlets in Commercial Street (though it is pertinent to note that a range of other factors could also influence this figure).

c)         Permanent installation of ‘footfall’ counters in the Buttermarket to ascertain Wednesday and Saturday figures in comparison to other trading days.  This will assist in illustrating the contribution that the presence of the Retail Market will have on footfall there.

d)         Assessment of feedback to monthly ‘Monitoring Panel’ from shops/organisations/residents in vicinity of the Market.

e)         Questionnaire to shops at ‘d’ above in January 2010 requesting specific feedback on their individual footfall and turnover etc.

f)          Monitoring of Car Park occupancy in the vicinity of Commercial Street.

g)         Public consultation exercise planned for December 2009.

h)         Submission to Cabinet Member in Spring 2010 of the Retail Impact Study containing information in a. to f. above.

1.1.2   An appraisal of the projected financial turnover from the market stalls themselves cannot be accurately obtained.  However in the creation of the Retail Market, avoidance of duplication with shops has been considered where possible. If there is duplication then there is at least a 10 metre distance between the shop and the stall. The Market should increase shopper footfall so theoretically more money to go around.  Hopefully the shop retail offer can reciprocate support to the Market.  It is impossible to quantify the amount of spend diverted from shops, but it is envisaged footfall increasing in the area, thus benefiting retail outlets.  This has been seen at other locations around the Country e.g. at Nuneaton and Middleton.

Question from Councillor AT Oliver to the Cabinet Member Corporate & Customer Services & Human Resources

1.2       What was the total cost of salaries paid by the Council in the year to 31 March 2009, and what was the total number of employees at that date (non-school and schools)?  Please break down the information between each of the Council’s directorates.

1.2.1   What was the combined total cost of all basic salaries paid to the former Chief Executive and Directors of the Council in the twelve months prior to the appointment of the current Chief Executive, Chris Bull?

1.2.2   What is the total cost of the Herefordshire  ...  view the full minutes text for item 32.

There have been no Notices of Motion submitted.

Councillor GFM Dawe moved urgency to suspend standing orders in line with para 4.22 and 4.17 of the constitution, in order for Council to consider holding a special meeting of the Council to discuss the implications of announcement to delay the construction of an outer distributor road.  Seconded by Councillor MD Lloyd Hayes.

A vote was taken to suspend standing orders.  The motion was not carried.

The Leader advised Council that the announcement by Government regarding the outer distributor road was an important issue for the county and city and it should be discussed at the next Council meeting on 13 November 2009.

To receive a report on the process and timetable for a new Constitution for Herefordshire Council.  (Report to follow).

The Cabinet Member Corporate, Customer Services and Human Resources, Councillor JP French, presented the report and moved the recommendations.  The Cabinet Member underlined the importance for Members to be provided the opportunity to consider and be briefed on the revised constitution.  Whilst it had been recognised that the current constitution required revision, it was the view of the cross party Constitutional Review Working Group that work be progressed during the summer and autumn for final consideration at the Council meeting on 13 November.

In seconding the recommendations, the Leader of the Liberal Democrat Group, Councillor TM James endorsed the approach outlined in the report.

Several members articulated support to the report’s recommendations and expressed the wish that the constitution be updated to provide clarity of language for the benefit of all, including the public.  The view was also expressed and supported that the scope for ambiguity to be removed from a revised constitution.

It was agreed unanimously THAT Council:

(a)    requests that the Monitoring Officer in consultation with the Constitutional Review Working Group develops a new Constitution for Herefordshire Council in accordance with the brief (Appendix 1), process and timetable (Appendix 2) outlined in this report;

(b)   requests the Monitoring Officer and the Constitutional Review Working Group consider the constitutional areas set out in Appendix 3 and have regard to the impact of the work set out in Appendix 4 and any imminent or pending legislative or other changes;

(c)    requests that the Monitoring Officer present a report and new Constitution for consideration and agreement by the Council at its next meeting

To receive a report on the proposed changes to the delivery of Planning Services in Herefordshire.  (Report to Follow).

The Cabinet Member Environment and Strategic Housing, Councillor JG Jarvis, presented the report and advised Members that the Council should consider improving and innovating its planning system, as not doing so could negatively impact on the Council’s reputation, open the processes to challenge and could affect the forthcoming CAA inspection regime.

Councillor JG Jarvis stated that the development industry, applicants and agents had received the opportunity to feed into the process.  The Audit Commission report emphasised the need for the Council to upgrade its practices to best enable the facilitation of appropriate development in general and specifically the Growth Point initiative.  Members were advised of the options for their consideration, the detail for which were outlined within the report; it was however emphasised that retaining the status quo was not an option, as this would not improve the effectiveness and efficiency of the planning system nor end the confusion of the current system. 

The Cabinet Member Environment and Strategic Housing informed Members that he recommended Option 1 for Council’s agreement, as a single Committee of 19 well trained councillors.  This approach would allow a re-modelling of the whole service to reflect best practice.  He highlighted the role of Members within the proposed planning system and emphasised their important role as community leaders and their engagement with those involved in the application process. Acting as advocates, all ward members would be able to debate, discuss and would be free to get involved when an application in their ward was being considered.  Members would be expected to ensure local views were expressed in discussions with officers in order that decisions could be made as to whether or not to call in the application or deal with it under delegated powers. Ward members would also be responsible for discussing with local parish and town councils potential 106 agreements and to liaise with the 106 officer and case officer. Councillor JG Jarvis advised Council that the rights of ward members at planning meetings would include opening the debate, making short closing remarks, and with the discretion of the chairman being involved in the debate, though Members would leave the chamber for the vote.

Members were informed of the call in process proposed and Councillor J Jarvis stated that local members would have an early discussion with the case officer on planning applications within their ward.  In considering whether an application is called in Members would need to give sound planning reasons, however in addition to the current system, sensitivity would become a reason for call in.  This major concession was totally dependant on the local knowledge of the ward member. 

Councillor JG Jarvis stated that the current referral system was flawed and would be disposed of within the proposed Option 1.  However should Members vote against the recommendation of officers, a mechanism would provide for the Head of Service to bring the item back to the next Planning Committee meeting with three reports (as outlined in the report) which would cut down on  ...  view the full minutes text for item 35.

To receive the report of Cabinet meetings held on 4 and 25 June 2009.

The Leader of the Council, Councillor RJ Phillips, presented the report of the meetings of Cabinet held on 4 and 25 June 2009.

Responding to comments raised by Councillor WLS Bowen regarding the Council’s performance in communicating and responding to the public, the Leader requested that any examples of unsatisfactory response times be provided to the Chief Executive or Councillor JP French, Cabinet Member Corporate, Customer Services and Human Resources.   Councillor JP French underlined the importance of good communications with the public and stated that the authority should strive for decent performance at all times.  The Chief Executive would be requested to raise these issues with the Joint Management Team.  Councillor RH Smith requested that it be recorded that he was awaiting the resolution of a long-standing issue which was currently being considered by the Deputy Chief Executive.

Referring to the item on ESG Retail Quarter Development Agreement (pg 59 para 7.2.1), Councillor MD Lloyd Hayes expressed concern that the Council was bringing disrepute on the county and Hereford city as the decision of the Cabinet to endorse the signing of the Development Agreement was far removed from public opinion.

Responding to a question raised by Councillor AM Toon regarding the Procurement Strategy (pg 60, para 11.3) and the suggestion that a seminar be held for small and medium sized local businesses, the Cabinet Member Resources, Councillor H Bramer advised Council that such seminars had been held and assured Members that additional briefings for local businesses were being held.

RESOLVED:  That the report from the meetings of Cabinet held on 4 and 25 June 2009 be received.

That Council’s approval be sought to submit a proposal to the Government Office for the West Midlands (GOWM) to retain Unitary Development Plan (UDP) policies after 22 March 2010.

The Cabinet Member Environment and Strategic Housing, Councillor JG Jarvis presented the report to Council.  Councillor JG Jarvis advised Council that the proposed list of policies to be saved had been assessed against six criteria.  The issues under consideration had previously been discussed at the Planning Committee and endorsed for Council’s approval by Cabinet.

Councillor GFM Dawe objected to the saving of UDP policy T9 ‘Road Freight’ on the basis that this policy would include the outer distributer road which was not now expected until 2014.

RESOLVED THAT:

a)          Council approve those policies and proposals within the Herefordshire Unitary Development Plan that the Council wish to be saved as set out in Appendix 1 and those not to be saved as set out in Appendix 2 beyond the expiry of the three-year saved period; and

b)      The Secretary of State’s agreement be sought to issue a direction to this effect.

To receive the report and to consider any recommendations to Council arising from the meetings held on 15 May and 3 July 2009.

Councillor TW Hunt presented the report of the meeting of the Planning Committee held on 15 May and 3 July 2009.  Members were referred to page 76 para 2(c) and advised that the word ‘staircase’ should be added to the end of the final sentence.

Responding to a comment raised by Councillor AM Toon regarding the lack of numbers of appeals around delegated authority, Councillor TW Hunt stated that this matter was currently being looked into.

RESOLVED:That the report of the meetings of the Planning Committee held on 15 May and 3 July 2009 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 10 July 2009.  (Report to follow).

Mr David Stevens presented the report of the meeting of the Standards Committee held on 10 July 2009.

RESOLVED:That the report of the meeting of the Standards Committee held on 10 July 2009 be received.

                        That Council approved the appointment of Councillors Mary Morris and Nicky Carless as alternative parish and town council representatives, and Councillors JE Pemberton and AE Gray as alternative local authority representatives of the Standards Committee, to substitute for corresponding Standards Committee members when required.

To receive the report and to consider any recommendations to Council arising from the meeting held on 15 July 2009.

Councillor PJ Edwards presented the report of the meeting of the Strategic Monitoring Committee held on 15 July 2009.

RESOLVED:That the report of the meeting of the Strategic Monitoring Committee held on 15 July 2009 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 9 June and 14 July 2009.

Councillor Brig P Jones CBE presented the report of the meetings of the Regulatory Committee held on 9 June and 14 July 2009.

RESOLVED:That the report of the meetings of the Regulatory Committee held on 9 June and 14 July be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 19 June 2009.

Councillor A.C.R. Chappell presented the report of the meeting of the Audit and Corporate Governance Committee held on 19 June 2009.

RESOLVED:That the report of the meeting of the Audit and Corporate Governance Committee held on 19 June 2009 be received.

To receive the report of the meeting of the West Mercia Police Authority held on 5 May 2009.  Councillor B Hunt has been nominated for the purpose of answering questions on the discharge of the functions of the Police Authority.

Councillor B Hunt presented the report of the West Mercia Police Authority held on 5 May 2009.  Members were advised that as part of the Planning Process 2010/2011 a stakeholder consultation evening would be held in Hereford during January 2010.  Members’ attention was also drawn to the launch of a new logo and motto ‘Serving, Protecting and Making a Difference’ and to the new structure which would be centred around five key panels. 

Responding to comments from members, Councillors B Hunt and RH Smith advised that they would provide feedback to the Police Authority regarding their use of such language as ‘stakeholder consultation event’ and would encourage the use of more relevant language e.g. public meetings.

Members were advised that West Mercia Police was rated in the country’s top three constabularies.

Referring to a specific question regarding bail raised by Councillor Chappell, Councillor B Hunt advised that he would provide a response outside the meeting.

RESOLVED:That the report of the meeting of the West Mercia Police Authority held on 5 May 2009 be received.

To receive the report of the meetings of the Hereford & Worcester Fire and Rescue Authority held on 18 February and 26 June 2009.

Councillor Brig P Jones CBE presented the report of the meetings of the Hereford & Worcester Fire and Rescue Authority which were held on 18 February and 26 June 2009.

Members noted that Councillor Brig P Jones CBE had been re-elected as Chairman of the Hereford and Worcester Fire and Rescue Authority.

Councillor JP French congratulated the service provided by the Fire and Rescue Authority in dealing with a recent severe fire in Leominster.  A tremendous result was achieved due to the advance procurement of a new fire suppression system which was used for the first time during this incident.

Responding to a question posed, the Assistant Chief Executive Legal and Democratic advised Members that the post of Clerk/Monitoring Officer to the Fire and Rescue Authority received a fee, which was received by the authority, not the individual.

RESOLVED:That the report of the meetings of the Hereford & Worcester Fire and Rescue Authority which were held on 26 June 2009 be received.