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Agenda and minutes

Venue: Avon

Contact: Democratic Services Tel: 01684 272021  Email:  democraticservices@tewkesbury.gov.uk

Items
No. Item

3.

Announcements

When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.

 

In the event of a fire any person with a disability should be assisted in leaving the building.

Minutes:

3.1             The evacuation procedure, as noted on the Agenda, was taken as read.  

4.

Apologies for Absence

To receive apologies for absence. 

Minutes:

4.1             Apologies for absence were received from Borough Councillors S E Hillier-Richardson and T A Spencer and Independent Person, Mr M Jauch.  

5.

Declarations of Interest

Pursuant to the adoption by the Council on 26 June 2012 of the Tewkesbury Borough Council Code of Conduct, effective from 1 July 2012, as set out in Minute No. CL.34, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

Minutes:

5.1             The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 26 June 2012 and took effect from 1 July 2012.

5.2             The following declarations were made:

Councillor

Application No./Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

P D Surman

Item 5 – Tewkesbury Borough Council Code of Conduct – Applications for Dispensation

Councillor had applied for a dispensation himself.

Would speak and vote.

M G Sztymiak

Item 9 – Code of Conduct – Non-Compliance with Sanction Imposed Consequent upon an Investigated Complaint

Is a Member of Tewkesbury Town Council.

Would speak and vote.

5.3             There were no further declarations made on this occasion.

6.

Minutes pdf icon PDF 210 KB

To approve the Minutes of the meeting held on 30 April and 15 May 2018.

Additional documents:

Minutes:

6.1             The Minutes of the meetings held on 30 April and 15 May 2018, copies of which had been circulated, were approved as correct records and signed by the Chair.

6.2             The Parish representative indicated that, even though they would not attend as it was part of the main Council meeting and only dealt with the election of Chair and appointment of Vice-Chair of the Committee, the Parish representatives and the Independent Persons should be advised of the May meeting.

7.

Tewkesbury Borough Council Code of Conduct - Applications for Dispensation pdf icon PDF 296 KB

To consider any applications for dispensation received in respect of the Tewkesbury Borough Local Plan.

Additional documents:

Minutes:

7.1             The report of the Monitoring Officer, circulated separately at Pages No. 1-12, set out the basis for the determination by the Standards Committee of applications for dispensation made by Members of the Borough Council in order to participate in the item of business on the Tewkesbury Borough Plan Preferred Options to be considered by the Council on 26 September 2018. The Committee was asked to determine the applications for dispensation which had been received from Councillors in order to enable them to participate in the matter.

7.2             For clarification, the Monitoring Officer explained that there was a piece of legislation that allowed anyone making an application for a dispensation to participate in the discussion of the applications and vote on it should they need to; this meant the Chair was entitled to attend the meeting despite the fact that he had made an application for dispensation. She advised that a number of applications had been received and the Committee was required to decide them on the grounds that granting the dispensation was in the interests of persons living in the authority’s area; or that it was otherwise appropriate to grant a dispensation. In accordance with the Council’s Code of Conduct those were the grounds on which dispensation could be granted – there were two other grounds, as set out in Paragraph 2.1 of the report, but they were not relevant to the applications being considered today.  All eight applications were from Members of the same political party but this would not affect the political representation on the Council to the extent that it was likely to alter the outcome of any vote relating to the business, neither would the number of Councillors affected by interests impede the transaction of the business.

7.3             The Monitoring Officer advised that there was only one application for a dispensation in respect of a disclosable pecuniary interest; the Councillor’s spouse owned a piece of land which was proposed for allocation within the Tewkesbury Borough Plan. The Councillor had made the application on the basis that the land was not within her Ward and it would be in the interest of her Ward for her to participate. However, it should be noted that there were two other Members that represented the same area, as such, it would not be left under-represented if she was unable to participate. Members needed to consider what a normal member of the public might perceive if the Councillor was allowed to participate. In addition, there were four applications which had been made by Borough Councillors who were also County Councillors as the County Council had land holdings and owned land within employment and housing allocations in the Plan; the Councillors had no direct pecuniary interest but it did fall within the definition of an ‘other’ interest – the same Councillors had already received dispensations for the Joint Core Strategy. There was another application from a Councillor who had a joint interest with family members in land within the Borough and  ...  view the full minutes text for item 7.

8.

Gifts and Hospitality Protocol pdf icon PDF 136 KB

To consider the amended Gifts and Hospitality Protocol for Councillors and recommend to Council that it be adopted.  

Additional documents:

Minutes:

8.1             The report of the Deputy Monitoring Officer, circulated at Pages No. 7-21, attached a revised Gifts and Hospitality Protocol for Councillors. Members were asked to consider the amended Protocol and recommend it to the Council for adoption.

8.2             The Monitoring Officer explained that the Committee had now reviewed all of the Protocols which complemented the Code of Conduct and the Gifts and Hospitality Protocol was the last one in its Work Programme for review. The changes were recommended as set out within the report and shown as track changes within the Appendix; the review had found that the Protocol was generally fit for purpose; however, there were some minor amendments that needed to be made to bring it in line with the Council’s adopted Code of Conduct - those amendments were identified at Paragraphs 2.1.1 to 2.1.4 of the report.

8.3             Members felt the recommended amendments were extremely sensible and, accordingly, it was

                  RESOLVED          That it be RECOMMENDED TO COUNCIL that the amended                          Gifts and Hospitality Protocol for Councillors be ADOPTED.  

9.

Separate Business

The Chairman will move the adoption of the following resolution:

That under Section 100(A)(4) Local Government Act 1972, the public be excluded for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act.

Minutes:

9.1             The Chair proposed, and it was 

                  RESOLVED          That, under Section 100(A)(4) of the Local Government Act                               1972, the public be excluded from the meeting for the following                              items on the grounds that they involve the likely discussion of                                     exempt information as defined in Part 1 of Schedule 12A of the                          Act. 

10.

Separate Minutes

To approve the separate Minutes of the meeting of the Committee held on 30 April 2018.

Minutes:

10.1           The separate Minutes of the meeting held on 30 April 2018, copies of which had been circulated, were approved as a correct record and signed by the Chair.

11.

Code of Conduct - Non-Compliance with Sanction Imposed Consequent Upon an Investigated Complaint

(Exempt –Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information relating to any individual) 

 

To consider information in respect of non-compliance with a sanction imposed following a Code of Conduct complaint investigation.

Minutes:

(Exempt –Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information relating to any individual) 

11.1           The Committee considered information in respect of non-compliance with a sanction imposed following a Code of Conduct complaint investigation and agreed that, subject to her speaking to the two complainants, the Monitoring Officer would write to the Councillor who was the subject of the complaint, and the relevant Town Council, to express the Committee’s disappointment at the refusal to apologise.