Agenda and minutes

Councillor Harrison raised a point of order regarding the timing and rearrangement of this Council meeting and the previous Council budget meeting.

The Deputy Mayor noted the Point of Order which would be addressed by Officers outside of the meeting.

To approve as a correct record the minutes of the meeting of the Council held on 10 January 2024 and Special Council held on 21 February 2024.

It was raised that there was a typo of £0.020 in the sum given by Blackwater Valley Countryside Trust in the minutes from the Special Council on 21 February 2024, this would be amended accordingly to £0.020m.

RESOLVED that the minutes of the Council meeting held on 10 January 2024 and, subject to the amendment, the minutes of the Special Council meeting held on 21 February 2024 be approved and signed by the Deputy Mayor as a correct record.

Members are asked to declare any disclosable pecuniary or affected interests in respect of any matter to be considered at this meeting.

Any Member with a Disclosable Pecuniary Interest in a matter should withdraw from the meeting when the matter is under consideration and should notify the Democratic Services Officer in attendance that they are withdrawing as they have such an interest. If the Disclosable Pecuniary Interest is not entered on the register of Members interests the Monitoring Officer must be notified of the interest within 28 days.

Any Member with an affected Interest in a matter must disclose the interest to the meeting.  There is no requirement to withdraw from the meeting when the interest is only an affected interest, but the Monitoring Officer should be notified of the interest, if not previously notified of it, within 28 days of the meeting.

The Deputy Mayor reported on her activities since the last Council meeting, which included updates on the following:

·       Citizenship Ceremonies

·       The fundraising quiz for the Mayor’s Charity

·       The Lord Lieutenants presentation of awards

To receive the Leader’s report on the work of the Executive since the Council meeting held on 10 January 2024.

Council is asked to resolve a recommendation in respect of:

·       Establishment of a Joint Committee – The Berkshire Prosperity Board

The Leader of the Council, Councillor Temperton, presented the report on the work of

the Executive since the Council meeting on 10 January 2024. The Executive had

met twice since the last Council meeting, on 23 January 2024 and 6 February 2024.

The Leader highlighted the matters that had been considered within her presentation – PowerPoint Presentation (bracknell-forest.gov.uk)

In answering a Councillor question regarding the Written Statement of Action update which had been on the agenda of the 19 March Executive, the Leader, Councillor Temperton, responded saying there was still ongoing recruitment in these areas however there were still some gaps with hope that vacancies would be filled by July. This was a continued ongoing programme, especially with Safety Valve and there was a need to keep on talking to schools and reassuring them that the capacity will be there.

The report contained recommendations that the Council was asked to resolve in respect of the following matter:

·       Establishment of The Berkshire Prosperity Board

On the proposition of Councillor Temperton, Leader of the Council and Executive Member for Council Strategy and Climate Change, seconded by Councillor Bidwell it was

RESOLVED that:

       i.         That the establishment of a fully constituted Joint Committee (to be known as the Berkshire Prosperity Board) from May 2024 is approved. To deliver a Berkshire-wide vision for inclusive green and sustainable economic prosperity.   

     ii.         That the proposed constitution for the Joint Committee, as set out in the Executive Director for Place, Planning and Regeneration’s report at appendix A (functions and procedure rules for a joint committee), appendix B (responsibilities of the accountable body), and appendix C (governance structure) is approved, subject to the monitoring officer being authorised to make minor amendments to the functions and procedure rules in conjunction with the participating authorities.

    iii.         That the Chief Executive be delegated to reach a legally binding agreement between the member authorities, setting out the supporting arrangements and responsibilities between the authorities, particularly between the lead authority (known as the accountable body) and the other member authorities and go through the relevant democratic process, if required.

To adopt the Bracknell Forest Local Plan incorporating the Main Modifications recommended by the Inspectors and Additional Modifications.

The appendixes to the report can be found on the following links:

Appendix A -  Bracknell Forest Local Plan for adoption

 https://consult.bracknell-forest.gov.uk/file/6304536

Appendix B:

Polices Map 1 – Binfield

https://consult.bracknell-forest.gov.uk/file/6304573

Policies Map 2 – Warfield and Winkfield North

Policies Map 4 – Crowthorne and Sandhurst

https://consult.bracknell-forest.gov.uk/file/6304574

The Council considered the report setting out the Adoption of the Bracknell Forest Local Plan (2022-2037).

When responding to questions asked by Councillors, the Executive Member for Planning and Transport, Councillor Gillbe, confirmed that the requirement by developers for 10% biodiversity gain on developed land was part of a national regulation and gave the requested assurance that this would be monitored by officers.

The Executive Member for Planning and Transport also confirmed that enforcement provision fell outside the direct provision of the Local Plan but gave assurance that Officers would be enforcing planning conditions. He confirmed that he would respond to Councillor Gaw directly on the matter.

A point of order was raised by Councillor Barnard regarding comments made during debate by Councillor Smith in relation to as specific planning application that was yet to be determined. The Borough Solicitor advised that the comments were not bias or pre determination.

On the proposition of Councillor Gillbe, Executive Member for Planning and Transport seconded by Councillor Barnard it was

RESOLVED that in accordance with the recommendation of the Executive, Council:

       i.         Adopts the Bracknell Forest Local Plan incorporating the Main Modifications recommended by the Inspectors and non-material additional modifications (see Appendix A).

     ii.         Agrees to make the alterations to the Policies Map (see Appendix B) that are necessary to give effect to the policies of the Bracknell Forest Local Plan, as

modified.

    iii.         Agrees that on adoption, the Bracknell Forest Local Plan will become part of the Development Plan for the Borough and that its policies will supersede all saved policies in the Bracknell Forest Borough Local Plan (adopted 2002), the Core Strategy (adopted 2008) and Policies CP1, SA11, SA12 and SA13 of the Site Allocations Local Plan (adopted 2013) for the purposes of decision making in Bracknell Forest.

    iv.         Agrees that any other non-material additional modifications to the Bracknell Forest Local Plan, can be agreed by the Executive Director: Place Planning and Regeneration in consultation with the Executive Member for Planning and Transport, prior to final publication.

     v.         Carries forward adopted Supplementary Planning Documents, as related to

relevant policies in the Bracknell Forest Local Plan (see Appendix C).

It was noted that Councillor Tina Eberle abstained from the vote in accordance with Council procedure rule 15.5.

To review and agree the Pay Policy Statement for 2024/25.

The Council received the Annual Update of The Council’s Pay Statement. Since 2012, and in accordance with the 2011 Localism Act, the Council was required to publish an annual Pay Statement. The Statement was aligned with the requirements of the Transparency Regulations and was applicable for the financial year 2024/25.

On the proposition of Councillor Pickering, Chair of the Employment Committee and seconded by Councillor Watts, it was

RESOLVED that the Council review and agree the Pay Policy Statement for 2024/25.

Council to agree to establish a Joint Health Overview and Scrutiny Committee (JHOSC).

The Council received a report seeking agreement to establish a Joint Health Overview and Scrutiny Committee (JHOSC).

In response to questions from Councillors, Councillor Pickering, Chair of the Overview and Scrutiny Commission confirmation that membership of the committee had been put together in terms of political proportionality and in line with the constitution.

It was also confirmed by the Borough Solicitor that if the membership representation were to be varied, there would be no implications or political proportionality issues on other committees.

An amendment to the recommendation was proposed and seconded by Councillors Christoph Eberle and Smith respectively as follows:

2.4       That Council requests and supports the Bracknell Forest appointees to the JHOSC in undertaking a programme of public engagement activities to communicate the JHOSC’s work and decisions to residents, and to enable residents the opportunity to feedback into the process so that their needs and views are properly represented. So far as practicable, these activities should seek to redress the demographic imbalances in the Frimley Heath NHS Foundation Trust’s public consultations to date, including active promotion and encouragement of participation by under-represented minority groups.

Councillors Pickering and Egglestone accepted the proposed recommendation, and this was added to the substantive motion as a fourth recommendation.

On the proposition of Councillor Pickering, Chair of the Overview and Scrutiny Commission and seconded by Councillor Egglestone, it was

RESOLVED that:

       i.         That the Council approves the establishment of a Joint Health Overview and Scrutiny Committee, jointly with Hampshire County Council and Surrey County Council, to scrutinise the relocation of Frimley Park Hospital.

     ii.         That the Council approves the Overview and Scrutiny Commission’s (O&S) recommendation to agree the Draft Terms of Reference for the JHOSC which are attached as Appendix A.

    iii.         That the Council approves the O&S Commission’s recommendation to appoint Councillors Egglestone and Virgo to sit on the JHOSC in accordance with political balance requirements and the wishes of the political groups.

    iv.         That Council requests and supports the Bracknell Forest appointees to the JHOSC in undertaking a programme of public engagement activities to communicate the JHOSC’s work and decisions to residents, and to enable residents the opportunity to feedback into the process so that their needs and views are properly represented. So far as practicable, these activities should seek to redress the demographic imbalances in the Frimley Heath NHS Foundation Trust’s public consultations to date, including active promotion and encouragement of participation by under-represented minority groups.

To make a Statement to a Council meeting about a Council Service, about something the Council has or has not done, or about a matter of local interest or concern.

Statement received by Bracknell Forest resident:

I don't think there is anyone more angry about the chronic underfunding of SEND services than parents of disabled children. I also think a great disservice is done to parents when it is implied that we just don't understand the scale of the challenge for statutory services: we do. However, the problems that the council face in terms of its provision for SEND come down to so much more than money.

The Local Government Ombudsman cases and frequent news stories show that poor or misinformed attitudes are not isolated incidents in Bracknell. The September 2023 council 'SEND Written Statement of Action implementation update' - which reports 'iterative improvements [...] at pace' - does not reflect the opinion of families. In November 2023 the Bracknell Parent Carer Forum stated 'we know that the majority of us are not seeing the changes on the ground [...]. We know improvements made at council level have not started to have the impact we would have hoped for at this point.'

While parents of children with severe Emotionally Based School Avoidance are still being threatened with prosecution, we can never say we are a fair place to live for children with significant mental health needs. While the LA continues with arbitrary policies preventing the use of bespoke education packages for children in extreme need, we cannot say we have a needs based system. While we still have harsh behaviour policies in schools which humiliate and discriminate against disabled children, we can never claim equity.

SEND Case Officer time should not be wasted preparing to fight tribunal cases that they will not win and the LA should find better use of its time and resources than arguing with or fining parents who are already struggling. Furthermore, it is not uncommon for some of the solutions parents ask for to cost less than the highly specialist school placements their children will require if accommodations are not made at an early stage. Believe parents the first time round.

Nothing will change until everything changes. While Bracknell's SEND services are being overhauled, I urge the council, along with schools, to radically review school behaviour policies, approaches to attendance and Education Otherwise and Alternative Provision pathways.

The evidence for a new model is mounting - what side of history will Bracknell Forest Council be on?

A statement was received by a Bracknell Forest resident who wished to remain anonymous. The Deputy Mayor read out the statement on their behalf which was also included in the agenda - Agenda for Council on Tuesday, 19 March 2024, 7.30 pm | Bracknell Forest Council (bracknell-forest.gov.uk).

The Constitution allowed for Councillors to ask factual questions of the person making each submission.  As the person was not in attendance this was unable to happen.  The Constitution states that the meeting would decide on the most appropriate course of action, which was either to note the submission or to request an Officer report to a subsequent meeting of the Executive or appropriate Committee or Sub-Committee on the issue raised.

On the proposition of Councillor Bailey, Executive Member for Children, Young People and Learning, and seconded by Councillor Barnard, it was:

RESOLVED that an officer report on progress against the SEND improvement journey be provided to Executive alongside the regular quarterly Written Statement of Action update report.

By Councillor Smith to Councillor Wright, Executive Member for Adult Services, Health & Housing

Can the Executive Member give an update on what is being done to encourage the Department of Health and Social Care and the NHS to ensure that there are sufficient NHS dental services in Bracknell Forest? This is important as more and more of our residents are having difficulty accessing an NHS dentist. This is of particular concern for children’s dental health and due the fact that private dental treatment is increasingly unaffordable for many of our residents, who face significant cost of living pressures.

The question and response submitted Under Council Procedure Rule 10 was published in advance of the meeting - Council Question Response - 19 March 2024.pdf (bracknell-forest.gov.uk)

As a supplementary question, Councillor Smith stated that he was aware of residents facing struggles in accessing NHS Dental Services particularly for children and very specifically children with SEND and similar needs who required very specialist Dental Services and asked the Executive Member to expand on her answer specifically in relation to that that demographic.

The Executive Member for Adults, Health and Housing, Councillor Wright, confirmed that access to NHS dentists for all residents would be discussed at the next Health and Wellbeing Board meeting where an update would also be requested in the area of children with Special Educational Needs. It was confirmed that the Board was already aware that there was a service need for an increase in capacity.

The Executive Member also informed Council that she had created a resource for Councillors to refer to if they had residents who are struggling to find an NHS dentist and would be happy to share that with any Councillor who would find it useful.

Motion 02/2024 moved by Councillor C Eberle and seconded by Councillor Smith

The future of public healthcare provision is of paramount importance to Bracknell Forest residents.

The aging nature of many of our hospitals in combination with the recent RAAC concrete crisis in public buildings is driving an accelerated decision making process, with major redevelopment projects for healthcare facilities being brought forward at an increased pace. This Council welcomes proposals to fully replace Frimley Park Hospital by 2030 as part of the government's New Hospital Programme. We also note longer term plans for the replacement of the Royal Berkshire Hospital in Reading. Council recognises that Bracknell Forest residents rely upon these two hospitals for provision of a wide range of critical medical services including accident and emergency, maternity, surgical units and many more.

Whilst healthcare is not a Council run service, and decisions regarding future provision are ultimately made by others, the Council is none-the-less a significant consultee and has a duty to represent the views and needs of our residents at all appropriate opportunities. We understand this is specifically to be achieved via our engagement in a new Joint Health Overview and Scrutiny Committee (JHSOC), to be formed jointly with Hampshire County Council and Surrey County Council, with regards the Frimley Park redevelopment, and likely similar joint committees formed with other neighbouring authorities in relation to future projects.

Council notes that Frimley Health NHS Foundation Trust has already completed initial public consultations in relation to future proposals. While the returns were geographically balanced, there was significant imbalance on gender and minority representation.

This Council believes that it is important that our appointed representatives to the JHSOC (and other future joint committees in relation to healthcare provision) hear directly from our residents, particularly those who are under-represented in the existing public consultations, to ensure that we are able to properly advocate for their needs in these forums. Council therefore requests that the Executive Member for Adult Services, Health and Housing commission our own public consultation (or alternative process as appropriate) to solicit the views of our residents in relation to future healthcare provision in and around the borough. Furthermore, we request that, so far as possible, any such process actively seeks to address the demographic imbalances in the public responses to the Frimley Health NHS Foundation Trust consultation and that all reasonable efforts are made to engage with minority groups who have been under-represented in the consultation responses so far.

Councillors Christoph Eberle and Smith withdrew motion 02/2024 in accordance with Council procedure rule 13.8.