Agenda and minutes

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To approve and sign as an accurate record the Minutes of the Council Meeting held on 3 July 2013.

7pm – RESOLVED:

The minutes of the Council Meeting held on 3 July 2013were confirmed and signed as an accurate record.

Apologies for absence were received from Councillors Gavin Donovan, Peter Tobias and Mercy Umeh.

Apologies for lateness were received from Councillors Andrew Brown, Alex Chalk, Lisa Homan and Jane Law.

Chief Executive’s Retirement – Mr Derek Myers

7.05pm – The Mayor expressed her thanks to Mr Derek Myers, the outgoing Chief Executive, as this was his last Council meeting, noting that she had found him to be extremely well briefed, well mannered and effective.  He had been with the Council for over two years but it had felt like longer.  He had guided the Council through the Tri Borough programme.  The Mayor sent Mr Myers her good wishes for his next career and with his work with Shelter. 

Councillor Nicholas Botterill thanked Mr Myers, referring to his speech when Mr Myers was first appointed, when he had said the Council was very privileged to have secured the services of one of the pre-eminent and highly regarded local authority leaders in the country, and noted that these words had stood the test of time.  Mr Myers managed to provide clarity, purpose and sound judgement in all that he did.  The role between the Leader and Chief Executive was interesting and getting it right was not that easy.  Mr Myers’ skills included fully appreciating the mindset of politicians, combined with a depth of knowledge and sound judgement.  Councillor Botterill commented that they did not agree on every single aspect which would have been unhealthy if that were the case.  Mr Myers was able to understand the differences between H&F and RBKC and to work with them.  He could make alterations in respect of the different cultures and histories of the two boroughs he managed, which was no mean feat.  Councillor Botterill formally thanked Mr Myers on behalf of the borough for all his efforts and thanked him personally for all the help and assistance he had given.

Councillor Cowan echoed the Leader’s comments.  He recognised Mr Myers had led a life in public service, which he respected.  Mr Myers had a calming influence in many ways in Hammersmith and Fulham.  Councillor Cowan congratulated Mr Myers on his move to Shelter.  He hoped Mr Myers and his family enjoyed a happy retirement and found what he did next to be fruitful and enjoyable.

If a Councillor has a disclosable pecuniary interest in a particular item, whether or not it is entered in the Authority’s register of interests, or any other significant interest which they consider should be declared in the public interest, they should declare the existence and, unless it is a sensitive interest as defined in the Member Code of Conduct, the nature of the interest at the commencement of the consideration of that item or as soon as it becomes apparent.

At meetings where members of the public are allowed to be in attendance and speak, any Councillor with a disclosable pecuniary interest or other significant interest may also make representations, give evidence or answer questions about the matter.  The Councillor must then withdraw immediately from the meeting before the matter is discussed and any vote taken.

Where Members of the public are not allowed to be in attendance and speak, then the Councillor with a disclosable pecuniary interest should withdraw from the meeting whilst the matter is under consideration. Councillors who have declared other significant interests should also withdraw from the meeting if they consider their continued participation in the matter would not be reasonable in the circumstances and may give rise to a perception of a conflict of interest.

Councillors are not obliged to withdraw from the meeting where a dispensation to that effect has been obtained from the Audit, Pensions and Standards Committee. 

There were no declarations of interest.

The Leader/relevant Cabinet Member to reply to questions submitted by members of the public:

7.14pm - The Mayor called on Ms Desiree Cranenburgh who had submitted a question to the Cabinet Member for Community Care (Councillor Marcus Ginn) to ask her question. The Cabinet Member for Community Care responded.  Ms Cranenburgh asked a supplementary question which was also answered.

7.19pm - The Mayor called on Mr Barrie Stead who had submitted a question to the Cabinet Member for Community Care (Councillor Marcus Ginn) to ask his question. The Cabinet Member for Community Care responded.  Mr Stead asked a supplementary question which was also answered.

7.25pm - The Mayor called on Mr Peter Chutter who had submitted a question to the Cabinet Member for Community Care (Councillor Marcus Ginn) to ask his question. The Cabinet Member for Community Care responded.  Mr Chutter asked a supplementary question which was also answered.

Under Standing Order 15(e)(xii), Councillor Loveday moved the suspension of the 20 minutes time limit under Standing Order 12(g) to allow all of the public questions to be answered, which was agreed.

7.31pm - The Mayor called on Ms Dede Wilson who had submitted a question to the Cabinet Member for Community Care (Councillor Marcus Ginn) to ask her question. The Cabinet Member for Community Care responded.  Ms Wilson asked a supplementary question which was also answered.

7.40pm - The Mayor called on Ms Suzanna Harris who had submitted a question to the Cabinet Member for Community Care (Councillor Marcus Ginn) to ask her question. The Cabinet Member for Community Care responded.  Ms Harris asked a supplementary question which was also answered.

(A copy of all the public questions submitted and the replies given are attached at Appendices 1 - 5 to these minutes).

The Council is being asked to appoint an acting/ interim Head of Paid Service for the London Borough of Hammersmith and Fulham, on the recommendation of the Appointments Panel.  The Head of Paid Service will also be the Joint Chief Executive for Hammersmith and Fulham and the Royal Borough of Kensington and Chelsea.

7.45pm - The report and recommendations were formally moved for adoption by the Leader of the Council, Councillor Nicholas Botterill.

A speech on the report was made by Councillor Nicholas Botterill (for the Administration).

The report and recommendations were put to the vote:

FOR                         unanimous

AGAINST                0

NOT VOTING          0

The report and recommendations were declared CARRIED.

7.49pm RESOLVED:

(1)         That Mr Nicholas Holgate be appointed the Head of Paid Service for the London Borough of Hammersmith and Fulham; and

(2)         Mr Holgate to act as the Joint Chief Executive for the London Borough of Hammersmith and Fulham and the Royal Borough of Kensington and Chelsea.

This report seeks a resolution to adopt the White City Opportunity Area Planning Framework (WCOAPF) as a Supplementary Planning Document to the Council’s adopted Core Strategy 2011. The Mayor of London will be publishing the WCOAPF as Supplementary Planning Guidance (SPG) to the London Plan. This report highlights the key elements within each chapter of the WCOAPF. It also outlines key issues raised during the statutory public consultation undertaken from 21 June to 2 August 2013 and how these comments have influenced the final draft.

7.50pm - The report and recommendation were formally moved for adoption by the Cabinet Member for Transport and Technical Services, Councillor Victoria Brocklebank-Fowler.

A speech on the report was made by Councillor Nicholas Botterill (for the Administration).

Under Standing Order 13(2) (b), Councillor Michael Cartwright moved, seconded by Councillor Andrew Jones, an amendment to the recommendation as follows:

“Delete all after ‘be’ and insert “not adopted and Officers be instructed to prepare a further report after giving proper consideration to the issues raised by residents during the statutory consultation period.”

Speeches on the amendment were made by Councillors Michael Cartwright, Andrew Jones, Wesley Harcourt, Max Schmid, Sally Powell and Stephen Cowan (for the Opposition) and Councillors Andrew Johnson, Nicholas Botterill, Peter Graham and Mark Loveday (for the Administration).

The amendment was put to the vote:

FOR                         13

AGAINST                24

NOT VOTING          0

The amendment to the recommendation was declared LOST.

The report and recommendation were then put to the vote:

FOR                         24

AGAINST                13

NOT VOTING          0

The report and recommendation were declared CARRIED.

8.45pm RESOLVED:

That the White City Opportunity Area Planning Framework (WCOAPF) (Appendix 1 of the report) as a Supplementary Planning Document be adopted.

Every local planning authority must prepare a Statement of Community Involvement (SCI), which is seen by the government as a means of improving the quality of the planning process through greater community involvement.  The Council’s SCI dates from 2006, since when a number of changes to planning legislation, national guidance and local practices have made it necessary to review and revise the document.   The attached revised SCI was subject to public consultation for 6 weeks commencing in May 2013. The next stage in the SCI process is adoption by full Council. 

8.46pm - The report and recommendation were formally moved for adoption by the Cabinet Member for Transport and Technical Services, Councillor Victoria Brocklebank-Fowler.

Speeches on the report were made by Councillor Victoria Brocklebank-Fowler (for the Administration) and Councillor Stephen Cowan (for the Opposition).

The report and recommendation were put to the vote:

FOR                         unanimous

AGAINST                0

NOT VOTING          0

The report and recommendation were declared CARRIED.

8.54pm RESOLVED:

That the revised Statement of Community Involvement in Planning (Appendix 2 of the report) be adopted.

This report presents the Council’s Outturn Treasury Report for 2012/13 in accordance with the Council’s treasury management practices (TMS). 

8.55pm - The report and recommendations were formally moved for adoption by the Leader of the Council, Councillor Nicholas Botterill.

Speeches on the report were made by Councillor Nicholas Botterill (for the Administration) and Councillor Stephen Cowan (for the Opposition).

The report and recommendations were put to the vote:

FOR                         unanimous

AGAINST                0

NOT VOTING          0

The report and recommendations were declared CARRIED.

8.59pm RESOLVED:

(1)         that it be noted that the Council has not undertaken any borrowing for the period 1 April 2012 to 31 March 2013; and

(2)         the investment activity for the period 1 April 2012 to 31 March 2013 be noted.

The Council at its meeting on 4 July 2012 delegated to the Audit, Pensions and Standards Committee the statutory role under the Localism Act 2011 and the specific responsibility of maintaining high standards of conduct for Members.  The Council also approved the Members Code of Conduct and the arrangements for dealing with complaints alleging a breach of the Code.

The new arrangements have been in operation for just over a year and officers have undertaken a review, as a matter of good practice.  This report highlights the outcome of the review and makes recommendations for some minor changes.  Council is asked to consider these revisions to the Code and the Arrangements.

9pm - The report and recommendations were formally moved for adoption by the Leader of the Council, Councillor Nicholas Botterill.

The report and recommendations were put to the vote:

FOR                         unanimous

AGAINST                0

NOT VOTING          0

The report and recommendations were declared CARRIED.

9pm RESOLVED:

(1)         That the proposed changes to the “Arrangements for dealing with complaints alleging a breach of the Members’ Code of Conduct” set out in paragraph 5.6 of the report and Appendix 1, be approved;

(2)         That the Audit, Pensions and Standards Committee’s terms of reference include “ To consider any applications for dispensations from Councillors and co-opted members to allow them to participate in decisions”, be approved;

(3)         That in the event of an application for dispensation being received, a three member, Audit, Pensions and Standards (Dispensation) Sub Committee would be set up to consider the request, be noted;

(4)         That the draft guidance for applications for dispensations attached at Appendix 2 of the report, be approved; and

(5)         That the Director - Property Service and Asset Management and Head of Building Services be granted authority to deal with Party Wall Matters under the Building Act 1984 and Party Wall Act 1996, be agreed.

This report relates to the period 1 April 2012 to 31 March 2013 (excluding matters pensions and standards).  The Audit, Pensions and Standards Committee (the Committee) has a wide ranging ‘audit committee’ brief that underpins the Council’s governance processes by providing independent challenge and assurance of the adequacy of governance, risk management, and internal control. This includes audit, anti-fraud and the financial reporting framework; the Committee is also the Council’s Approval of Accounts Committee.  

9.01pm - The report and recommendation were formally moved for adoption by the Leader of the Council, Councillor Nicholas Botterill.

Speeches on the report were made by Councillor Michael Adam (for the Administration) and Councillors PJ Murphy and Stephen Cowan (for the Opposition).

The report and recommendation were put to the vote:

FOR                         26

AGAINST                12

NOT VOTING          0

The report and recommendation were declared CARRIED.

9.19pm RESOLVED:

That the annual report be approved.

To consider and determine any Special Motions:

9.20pm – Councillor Stephen Cowan moved, seconded by Councillor Michael Cartwright, the special motion standing in their names:

“The Council agrees that elected representatives serve at the pleasure of the public and that the public has a right to know what is done in their name. It notes that no verbatim minutes are kept of any council meeting and that allowing members of the public to make audio and video recordings will cost nothing, make for a more comprehensive public record and will help improve public scrutiny.

The Council therefore resolves to delete the current Standing Order 21(g) and replace it to read:

“Members of the public are entitled to photograph, film and make audio recordings of all public council meetings and committees.””

A speech on the special motion was made by Councillor Stephen Cowan (for the Opposition).

Under Standing Order 15(e) (vi), Councillor Mark Loveday moved, seconded by Councillor Harry Phibbs an amendment to the motion as follows:

“Delete all and insert:

“This Council resolves to delete Standing Order 21(g) and replace it to read:

‘(g)   The Council will provide reasonable facilities for any member of the public to report on meetings that are open to the public:

(i)      The taking of photographs, filming, recording or any other means of communicating the proceedings of a meeting shall be permitted.

(ii)     The Council may ask for the taking of photographs, filming, recording or other communication of a meeting to be undertaken in such a way that it is not disruptive or distracting and that it is carried out in a way which is conducive to the good order and conduct of the meeting.

(iii)    Attendees should be informed that a meeting is being photographed, filmed or recorded.

(iv)        The Monitoring Officer will (in conjunction with the Overview and Scrutiny Board) from time to time provide guidance on the taking of photographs, filming, recording or other means of communication of the proceedings of any meeting.’”

Speeches on the amendment to the special motion were made by Councillors Mark Loveday and Harry Phibbs (for the Administration) and by Councillor Stephen Cowan (for the Opposition).

The amendment was put to the vote:

FOR                            unanimous

AGAINST                   0

NOT VOTING0

The amendment was declared CARRIED.

The substantive motion as amended was put to the vote:

FOR                            unanimous

AGAINST                   0

NOT VOTING0

The motion as amended was declared CARRIED.

9.35pm – RESOLVED:

This Council resolves to delete Standing Order 21(g) and replace it to read:

“(g)   The Council will provide reasonable facilities for any member of the public to report on meetings that are open to the public:

(i)      The taking of photographs, filming, recording or any other means of communicating the proceedings of a meeting shall be permitted.

(ii)     The Council may ask for the taking of photographs, filming, recording or other communication of a meeting to be undertaken in such a way that it is not disruptive or distracting and that it is carried out in a way which  ...  view the full minutes text for item 24.1

9.36pm – Councillor Nicholas Botterill moved, seconded by Councillor Harry Phibbs, the special motion standing in their names:

“This Council:

1.         Welcomes the appointment of the borough’s “Flyunder Champion” Neale Stevenson and the Council’s taskforce on the Hammersmith Flyunder.

2.         Resolves to work towards a tunnel replacement for the Hammersmith Flyover.”

A speech on the special motion was made by Councillor Nicholas Botterill (for the Administration).

Under Standing Order 15(e) (vi), Councillor Stephen Cowan moved, seconded by Councillor Wesley Harcourt, an amendment to the motion as follows:

“Add the following two paragraphs:

3.      This Council recognises that it is important to run an effective cross-party campaign that demonstrates to the public and key government and GLA decision makers how all of the London Borough of Hammersmith and Fulham Council’s elected representatives back the Hammersmith Flyunder project.

4.      The Council determines that in order to properly influence current and future London Mayors and UK governments it will need to propose a strong case that properly sets out how the Flyunder can be financed, the economic and regeneration benefits, the strategic advantages and how this will best improve London’s infrastructure in preparation for rapid population expansion over the next two decades.”

Councillor Cowan reported that he had agreed that paragraph 4 of the above amendment should be deleted.

Speeches on the amendment were made by Councillors Stephen Cowan and Wesley Harcourt (for the Opposition) and Councillors Harry Phibbs, Robert Iggulden and Charlie Dewhirst (for the Administration) before it was put to the vote:

FOR                            unanimous

AGAINST                   0

NOT VOTING0

The amendment to the motion (as further amended) was declared CARRIED.

The substantive motion as amended was put to the vote:

FOR                            unanimous

AGAINST                   0

NOT VOTING0

The motion was declared CARRIED.

9.51pm – RESOLVED:

This Council:

1.            Welcomes the appointment of the borough’s “Flyunder Champion” Neale Stevenson and the Council’s taskforce on the Hammersmith Flyunder.

2.            Resolves to work towards a tunnel replacement for the Hammersmith Flyover.

3.      This Council recognises that it is important to run an effective cross-party campaign that demonstrates to the public and key government and GLA decision makers how all of the London Borough of Hammersmith and Fulham Council’s elected representatives back the Hammersmith Flyunder project.

The motion was withdrawn.

There are none.

There were no information reports to this meeting of the Council.

* * * * *   CONCLUSION OF BUSINESS    * * * * *