To receive any apologies for absence.

Councillors Karen Davies and Helen Taylor were in attendance virtually and took no part in the vote on any item. 

To receive the minutes of the meeting of Council held on 22 November 2022.

RESOLVED UNANIMOUSLY: That the minutes of the meeting held on 22 November be approved. 

To receive any declarations of interest

There were none declared.

To receive such communications as the Mayor may desire to place before the Council

The Mayor had submitted in writing details of engagements that the Mayor and Deputy Mayor had undertaken since the last ordinary meeting. These were noted by Council. 

a)    Ed Wilson of Clewer and Dedworth West ward will ask the following question of Councillor Johnson, Leader of the Council & Cabinet Member for Growth & Opportunity

Not one on the council’s five largest capital projects is directed at Windsor.  Can you explain to the people of Windsor why this is the case?

b)    Ed Wilson of Clewer and Dedworth West ward will ask the following question of Councillor Johnson, Leader of the Council & Cabinet Member for Growth & Opportunity

Will the Leader advise what progress has been made with the “Changing Places” toilets at the Windsor Leisure Centre?

c)    Sunil Sharma of Cox Green ward will ask the following question of Councillor Haseler, Cabinet Member for Planning, Parking, Highways & Transport

What considerations have been given to infrastructure upgrades and improvements to mitigate the forthcoming developments AL13 South West Maidenhead and AL24 Lillibrooke Land East of Woodlands Park Ave?

d)    Sian Martin of Belmont ward will ask the following question of Councillor Haseler, Cabinet Member for Planning, Parking, Highways & Transport

Can visitor parking permits be more flexible and easier to purchase? You have to guess need: 2, 6 or 24 hours, minimum 5 at a time, 12 months’ expiry, and only by post. Not very useful for last minute visitors plus impossible to judge your future need.

Perhaps an App (as other councils and RingGo offer) alongside the scratch cards?

e)    Hari Dev Sharma of Furze Platt ward will ask the following question of Councillor Hilton, Cabinet Member for Asset Management & Commercialisation, Finance, & Ascot

Despite high inflation, spiralling cost of food and energy as well as the impact of other pressures RBWM has produced a balanced budget. 

Will investment in adult and social care, children services and transport & highways along with others services be protected? And will there be no cuts to the quality of services with enough reserves for contingency plans?

f)      Hari Dev Sharma of Furze Platt ward will ask the following question of Councillor Haseler, Cabinet Member for Planning, Parking, Highways & Transport

What was the main reason to close the Nicholsons Car Park and had action been taken to minimise disruption and mitigate inconvenience? Maidenhead businesses were disrupted and it caused inconvenience to residents to park their vehicles.

g)    Will Scawn of Belmont ward will ask the following question of Councillor Bhangra, Cabinet Member for Environmental Services, Parks and Countryside

Thank you to the Council and staff for their efforts to keep the roads of Belmont clean, especially of leaves this past autumn. Could the Council please update on what steps it took to manage this and whether more resources could be made available for leaf clearing in Belmont next autumn?

h)    Will Scawn of Belmont ward will ask the following question of Councillor Haseler, Cabinet Member for Planning, Parking, Highways & Transport

Road safety is a key priority in my local area, Belmont. What has the Council done to improve this recently, and could more be done, for example introducing yellow lines at key junctions and extending 20mph zones  ...  view the full agenda text for item 120.

a)    Ed Wilson of Clewer and Dedworth West ward asked the following question of Councillor Johnson, Leader of the Council & Cabinet Member for Growth & Opportunity 

Not one on the council’s five largest capital projects is directed at Windsor. Can you explain to the people of Windsor why this is the case? 

Written Response: The Council is investing significant amounts of capital funding within Windsor across its capital programme. In addition to smaller individual investments there are a number of larger schemes which are being developed, and subject to the outcome of public consultation, would be delivered in the next 12 months. This includes major investment at Castle Hill which forms part of a £2.4M investment supported by Government funding. 

There is also significant private investment being attracted into Windsor with proposals at Windsor Yards being progressed through planning as well as the recent opening of the IHG Headquarters, demonstrating the council's ability to work with the private sector to secure investment in the Town. 

Cabinet will also be considering a report in February on the longer-term plans for Windsor. This will be set out in the Windsor Vision report which has been prepared in partnership with the Princes Foundation. The project has brought together a wide range of views across the local community, business and other partners. The report will provide a series of recommendations that the Council will seek to take forward to ensure the long-term success of Windsor and direct future investment. 

By way of a supplementary question, Ed Wilson enquired how many Windsor Councillors had submitted major capital projects that directly affected Windsor for consideration in this year’s budget. 

Councillor Johnson explained that following the CIPFA review the role of elected members in proposing and prioritising capital funded projects had significantly changed and Councillors were now no longer able to directly propose projects.  He there advised the number was zero.  He commented upon the role of the Capital Review Board, which was led by officers, and advised that Capital projects were ultimately considered by Cabinet and were open to scrutiny as part of the wider budget consultation, prior to their approval by Council.  He added that there was significant capital investment for the Borough the majority of which would be derived from the private sector.  

b)    Ed Wilson of Clewer and Dedworth West ward will ask the following question of Councillor Johnson, Leader of the Council & Cabinet Member for Growth & Opportunity 

Will the Leader advise what progress has been made with the “Changing Places” toilets at the Windsor Leisure Centre? 

Written Response: Preparation work has begun, with the main bulk of the construction work provisionally booked to start week commencing 17 April 2023. It is anticipated that the work will be completed by early June. Further work will be taking place around operational requirements extending the duration of the work but limiting impact on Leisure Centre operations and users. The specific design plans were signed off from the funders following a couple of tweaks to the design  ...  view the full minutes text for item 120.

To receive any petitions presented by Members on behalf of residents.

Notice of the petition must be given to the Service lead – Electoral and Democratic Services no later than noon on the last working day prior to the meeting. A Councillor submitting a Petition may speak for no more than two minutes to summarise the contents of the Petition.

There were no petitions submitted.

a)    Councillor Bond will ask the following question of Councillor Rayner, Deputy Leader of the Council & Cabinet Member for Business, Corporate & Residents Services, Culture & Heritage, & Windsor

Will the council be publishing the number of people turned away from exercising their democratic right to vote at each polling station in May because they do not have acceptable photo ID or have forgotten to bring it, and how many free Voter Authority Certificates (the new voter cards) do you anticipate issuing please?

b)    Councillor Brar will ask the following question of Councillor Rayner, Deputy Leader of the Council & Cabinet Member for Business, Corporate & Residents Services, Culture & Heritage, & Windsor

As the Voters ID law has been passed how are the RBWM planning to communicate with residents in the Borough and educate them about the change in good time for the forthcoming local elections in May 2023, so that the Borough residents do not find themselves turned away from the polling stations?

c)    Cllr C Da Costa will ask the following question of Councillor McWilliams: Cabinet Member for Digital Connectivity, Housing Opportunity, & Sport & Leisure

How many people on the part 3 Homeless Pathway, being supported by Browns, were not helped to apply for council tax support, and how much was, or is owed to the council by this failure to claim the benefit, that has either been paid for by the resident, the Household support fund or remains an outstanding debt?

d)    Councillor Singh will ask the following question of Councillor Haseler, Cabinet Member for Planning, Parking, Highways & Transport

I understand following the Broadway car park closure which has now been deemed unsafe due to rust from structural steelwork which was open to the elements. When were these issues first highlighted by/to Officers/Members and why the delay in carrying out any repairs?

e)    Councillor Singh will ask the following question of Councillor Bhangra, Cabinet Member for Environmental Services, Parks and Countryside

At the last full council meeting I highlighted the resident's concerns with losing the sensory water cascade feature, pond, and footbridge, the Lead Member provided assurances that he would meet and look at alternatives to backfilling this valued feature, unfortunately, that has not happened and the decision has been made to backfill regardless, please explain why?

f)        Councillor Davey will ask the following question of Councillor Johnson, Leader of the Council & Cabinet Member for Growth & Opportunity

As leader of RBWM will you be actively encouraging prospective candidates to respect the mental health of all candidates in the May 2023 elections?

g)    Councillor Davey will ask the following question of Councillor Carroll, Deputy Chairman of Cabinet & Cabinet Member for Children’s Services, Education, Health, Mental Health, & Transformation

As advisor on vaccines to the Government during the Covid pandemic, can you advise on any concerns you may have regarding the Yellow Card reports for RBWM or relevant PHE geographical area?

The Council will set aside a period of 30 minutes to deal with Member questions, which may be extended at the discretion of the Mayor in  ...  view the full agenda text for item 122.

a)    Councillor Bond asked the following question of Councillor Rayner, Deputy Leader of the Council & Cabinet Member for Business, Corporate & Residents Services, Culture & Heritage, & Windsor; Armed Forces Champion 

Will the council be publishing the number of people turned away from exercising their democratic right to vote at each polling station in May because they do not have acceptable photo ID or have forgotten to bring it, and how many free Voter Authority Certificates (the new voter cards) do you anticipate issuing please? 

Written Response: As part of the implementation of the Elections Act 2022 each polling station will be maintaining a record of the number of people presenting themselves at the polling station without valid photographic identification as well as noting how many of those then return and take part in the poll. This statutory report will be submitted to the Electoral Commission. Although not currently a requirement to be published we will endeavour to share the statistical data as soon as is practically possible. The most recent research has estimated that 96% of the population would already have at least one form of acceptable photo ID. The new system allows many accepted forms of photo ID from passports to bus passes. Electors within the borough without valid photo ID can apply for the free Voter Authority Certificates (VAC) by visiting the government website (https://www.gov.uk/apply-for-photo-id-voter-authority-certificate). They may however choose instead to register to vote by post or appoint a proxy to attend the polling station on their behalf. If 4% of the borough’s population applied for a VAC then 4,400 applications would be processed. Once approved the VAC is posted from a central national supplier. The changes to the Election Act 2022 have been made to improve democracy by seeking to combat voter fraud as every ballot matters. 

By way of a supplementary question, Councillor Bond asked whether the new voter ID card might have a part to play in providing ID for older residents who no longer drove or went on holiday abroad.  He commented upon the particular difficulties facing you people that did not have a full driving licence or a passport and questioned why some photo ID for older residents, such as the freedom bus pass for retired people and the 60+ Oyster Card, were considered acceptable but photo ID used by younger people, such as the 18+ Oyster Card or a university student ID, were not.   He referred to the ID required by banks to open a bank account and explained that younger people were quite rightly questioning the suitability of particular IDs that would be considered acceptable.  

Councillor Rayner commented that she welcomed the changes which aimed to improve the election procedures.  She advised that, although Councillor Bond had put forward some interesting points, it is a matter for central government to stipulate the forms of ID required. 

b)    Councillor Brar asked the following question of Councillor Rayner, Deputy Leader of the Council & Cabinet Member for Business, Corporate & Residents Services, Culture & Heritage, & Windsor; Armed Forces  ...  view the full minutes text for item 122.

To approve the candidate recommendation from the Appointment Committee for the appointment to the role of Chief Executive and Head of Paid Service.

Please note that processes and negotiations are ongoing at the time of publication of this agenda and therefore the name of the recommended candidate and the recommended salary will be detailed in a supplementary appendix to be published prior to the meeting. 

Council considered the recommendation of the Appointment Committee on the appointment of the Chief Executive and Head of Paid Service. 

In proposing the recommendation, Councillor Johnson thanked all the members that had worked tirelessly and constructively throughout the appointment process.  He commented upon the importance of ensuring that the Appointment Panel had before them the broadest possible choice of candidates to ensure that the right person was appointed. He commented upon the successful candidate’s connection to the Royal Borough, his strong experience in both national government and in all tiers of local government and his great breadth of experience, knowledge and financial ability.  The new Chief Executive would ensure that the new administration was best placed to deal with the major challenges facing local government and would ensure that the Council continued to deliver high quality services, driving forward economic investment and growth for the Borough. 

In seconding the recommendation, Councillor Rayner also thanked the many officers that had also supported the selection and appointment process and commented upon the huge cultural shift that had been experienced under the previous Chief Executive and the positive results arising from the Residents’ Survey.   

Councillor Werner commented that the best candidate had been selected by the Appointment Panel and looked forward to working with him.  He also referred to the successful candidate’s great breadth of experience and qualities to deal with the major challenges facing the Council and also his association with the Royal Borough.  

Councillor Hill and Councillor Hilton also spoke to endorse the recommendation of the Appointment Panel. 

It was moved by Councillor Johnson, seconded by Councillor Rayner. 

RESOLVED UNANIMOUSLY that: - 

i)               Stephen Evans be appointed to the role of permanent Chief Executive and Head of Paid Service;

ii)             The appointment be at a salary of £180,000 within the Chief Executive salary band of £145,000 to £185,000; and

iii)            Interim Chief Executive Tony Reeves remain in post until Thursday 20 April 2023 to complete a handover. 

To approve the proposed programme of meetings for the 2023 – 2024 municipal year and agree to continue the split of virtual meetings/in-person meetings.

Members considered the 2023/24 programme of meetings. It was noted that the programme was provisional as changes may be required following the local elections in May. 

It was proposed by Councillor Johnson, seconded by Councillor Rayner, and:  

RESOLVED UNANIMOUSLY: That full Council notes the report and:  

i)               Approves the programme of meetings for the 2023/24 Municipal Year, attached as Appendix A;

ii)             Agrees to continue with the split of virtual meetings/in-person meetings agreed at full Council in September 2021 for the 2023/24 municipal year; and

iii)            Notes that a further review of in-person/virtual meetings would take place if and when legislation is enacted to allow decision making meetings to take place virtually. 

a)    By Councillor Hill

During an appeal hearing of the First tier Tribunal between a resident and The Information Commissioner, held in October 2021, it was alleged that RBWM had not been entitled to withhold information included in an Independent investigators report pertaining to a code of conduct complaint. The final decision was that the information was to be made available with minimal redactions.

This council agrees to

      i)         Ensure all members are made aware of any court decisions pertaining to the RBWM organisation

     ii)         Ensure all court decisions pertaining to the RBWM organisation are published in full in a timely manner

    iii)         Ensure that the Investigation report into the speech made on 26th April 2019 by Simon Dudley, then Councillor Dudley and Leader of  the Council, now eventually released following an initial FOI request, is published immediately following this meeting on the RBWM website and treat that day as day one regarding the period it remains live online, rather than the date of the original FOI request.

b)    By Councillor Davey

That all existing Councillors will treat all political candidates with respect during the May 2023 elections and will encourage any prospective party candidates to follow their lead and sign up to running clean, respectful campaigns in May 2023.

c)    By Councillor W Da Costa

Construction is a major UK activity using resources, emitting Green House Gasses, and affecting local Biodiversity and ecosystems. Buildings constructed today will continue to affect GHG Emissions and Biodiversity extinction for decades to come. Today's developments and development processes have the potential to help RBWM meet its Climate and Environmental obligations or to fail future generations and life on Earth.

This Council agrees to radically improve our processes in line with BLP Policies SP2, NR2 & NR3 and require that every planning application is accompanied by:

i)           a biodiversity assessment measuring the impact on the fullness of biodiversity and biomass and targeting a high value of enhancement or creation (using TCND or the best practice then available), and

ii)          a Climate Change mitigation assessment incorporating measurement of the impact on Greenhouse Gas emissions including Scope 3 emissions as set out by the Task Force on Climate-related Financial Disclosures (TCFD) and targeting the highest level of mitigation.

A maximum period of 30 minutes will be allowed for each Motion to be moved, seconded and debated, including dealing with any amendments.  At the expiry of the 30-minute period debate will cease immediately, the mover of the Motion or amendment will have the right of reply before the Motion or amendment is put to the vote.

Motion a) 

Councillor Hill introduced his motion and thanked the officers for publishing Richard Lingard's report, the independence solicitor who had investigated the events of the 29th of April 2019.  He also put forward a couple of amendments to motion that had been published with the agenda, the revised motion to read: 

This council agrees to 

i)??         Ensure all members are made aware of any significant court decisions pertaining to the RBWM organisation 

ii)         Ensure all significant court decisions pertaining to the RBWM organisation are published in full in a timely manner 

iii)        Ensure that the Investigation report into the speech made on 26th April 2019 by Simon Dudley, then Councillor Dudley and Leader?of?the?Council, now eventually released following an initial FOI request, is published immediately following this meeting on the RBWM website and treat that day as day one regarding the period it remains live online, rather than the date of the original FOI request. 

Councillor Hill explained that the motion related to good governance, transparency and security. He quoted from the tribunal papers relating to the speech given by the Leader of the Council, Councillor Dudley, at Maidenhead Mosque on the 26th of April 2019 during the Purdah period shortly before the local elections.  In that speech Councillor Dudley had said that the Council owned the freehold to the Ivy leaf Club site and were negotiating with them to surrender that lease.  Councillor Dudley gave an undertaking that the site would not be redeveloped for housing and advised that he had sent a draft agreement to the Mosque stating that when the Council had secured control of the site it would allow the Islamic trust to acquire it to enable them to expand.  Former Councillor Dudley had also expressed at the meeting that he hoped that those present would vote Conservative at the local government elections on the 2nd of May.  

Councillor Hill went on to quote from the report of the independent investigator. He stated that the investigator had not been convinced by Russell O'Keefe's comment that Simon Dudley had no advantage conferred upon him by the draft agreement being sent to the Mosque and that it was Simon Dudley’s intention to sway some voters to vote Conservative.  However, the investigator did not believe that Mr O'Keefe had conspired in that matter.  The report also stated that, although Simon Dudley had informed the audience at the Mosque that the Council were negotiating with the Ivy League Club, that was not the case as the Club had been informed seven months previously that their site had been excluded from the redevelopment scheme and that no further negotiations had taken place since that time.  The investigator had concluded that there could be no argument that Simon Dudley’s encouragement of the audience to vote Conservative was an electioneering speech. 

Councillor Hill referred to the Judge’s interim decision which accepted Miss Stretton’s argument that it was important that elected members and officers of the council not only complied  ...  view the full minutes text for item 125.