STRATFORD-UPON-AVON TOWN COUNCIL
TOWN COUNCIL MEETING
29 July, 2014
TOWN CLERK’S OPEN REPORT
1) BID 2 – Stratfordward

To meet and greet Karen Wild, the new BID Manager at Stratforward
On 2 June 2014, Karen Wild joined Stratforward as the new BID
Manager.
Karen has been invited to attend the Town Council Meeting on
29 July, and will explain her proposals for a more strategic approach in taking BID 2 forward, which have already received
Board approval.
2) Conversion of Attic to Office Accommodation

To receive an update and timetable for the first phase of the attic project
At the General Purposes Committee Meeting on 1 April, the
Committee resolved that the attic project would be handled in two phases. The first phase would incorporate the refurbishment of the stairwell and attic for office accommodation. The second phase, considered and overseen by the relevant Committee, would be to extend the lift to the third floor, at a later date.
The Council’s Architect and Buildings Consultant, Mr Roger
Abbott, has met with various building control officers from the
District Council, has consulted with relevant service providers, and in association with Quantity Surveyor, Mrs Dawn Lodge, has drawn up the tender documents and provisional timetable for the project which will commence in October, 2014.
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Mr Roger Abbott has been invited to attend the Town Council
Meeting on 29 July, to update Council and present the timetable for implementation.
3) Stratford-upon-Avon Neighbourhood Development Plan

To note the NDP timetable

To consider the appropriateness and feasibility of a
CIL Forum in administering the Town Council’s 25% share of funds
The Neighbourhood management team and the editorial team have been extremely busy recently as the Plan reaches its final stages. On Friday 18 July, the whole day was spent in reviewing each section, looking at the policies and their deliverability. This now draws a line under the Plan, and no further policies or issues will be added.
On Monday morning, 21 July, the team met with Paul Lankester and senior planning officers from SDC to ensure that we are in accordance with the Core Strategy, and to ascertain the officers that we need to engage with at SDC and WCC in order to go through the finer details.
On Wednesday 23 July we met with a representative from
Planning Aid and then on Friday 25 July, Mark Haselden, David
Stephenson, John Scampion and the Town Clerk met again to work on the brief for the executive summary (overview) and work-up the final document, which will obviously take some time as there is still much work to be done. The aim is that this finite document will be completed and ready to go out to consultation by the end of September.
The Town Council has already had a number of workshops and briefings from the NDP team, but it is considered essential that members from SDC are also given the opportunity of becoming completely familiar with its content. To this end, the District
Council will be holding a training/briefing session particularly for the Stratford-upon-Avon members, but with a recommendation that as many members as possible attend, as development in
Stratford-upon-Avon impacts widely. Town Councillors will also be invited to this workshop.
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Once the Plan has been written up as one document, it will, in effect, amount to the Town Council’s strategic Business Plan for the foreseeable future as it identifies exactly what the Town
Council has been asked to deliver. It will set out very clearly what the town expects both in terms of land based planning, and the more aspirational aspects, categorised into three parts: i) Preserving the town’s unique charm and character, albeit as a bigger town; ii) Promoting the concept of liveability. Liveable towns and neighbourhoods in the UK are usually those where there is a sense of wellbeing and which are walkable, compact, safe and attractive; iii) Provide a strong visitor economy.
One criterion that the editorial team is concentrating on in writing the final document is to identify how a policy will be implemented and how it will be paid for. Unquestionably, the
Town Council’s portion of CIL monies will be vital in facilitating some of the more aspirational aspects of the Plan, particularly with regard to the leisure and wellbeing section, for as you are aware, the Parish Council has quite a wide scope, it can ‘do anything else that is concerned with addressing the demands development places on an area’.
The Market Forum is a perfect example of how the Town and
District Councils have worked closely and successfully in partnership. A brief discussion on how CIL will work in practice saw, at the outset, willingness by the District Council to sit round the table with the Town Council and identify the projects that can be funded from CIL. It was obvious during the discussions that another key player will be the County Council and it would appear common sense that if a CIL Forum is implemented, it should have officer and member representation from the three authorities together with community representation from those who actually drew up the
Neighbourhood Plan.
There is no doubt that ‘all eyes’ will be on the Town Council to ensure that, once the Plan is adopted, adequate controls are in place to safeguard the planning decisions which must be in
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accordance with the Plan. It must be demonstrated that the subsequent delivery of projects or services identified in the
Plan, which would be undertaken using the CIL money vested in the Town Council, are professionally managed with adequate governance.
The legislation ensures that once CIL has been adopted, and the Neighbourhood Plan passes at referendum, then 25% of
CIL monies must be passed to the Town Council. However , ‘If the Parish Council agrees with the charging authority’s infrastructure priorities, they can agree that the charging authority should retain the neighbourhood funding to spend on that infrastructure. This prevents money passing between bodies when it is not necessary because priorities are aligned and helps to ensure that all available funding for infrastructure can be used to the greatest effect and deliver sustainable development’ . Council must also be mindful that ‘Parishes are unlikely to be able to use 5% of CIL income to administer CIL in the same way charging authorities are’.
A CIL Forum of strategic players should enable the Town
Council to influence and even stipulate the projects that it wishes to see implemented (provided they can be funded from the 25% fund) , without the burden of being ‘banker’.
As an example, let us look at the proposed policy in the Town
Centre Section, which seeks to implement the narrowing of carriageways and widening of footways in Bridge Street. This cannot be implemented unless sanctioned by Warwickshire
County Council. With the current economic restraints under which WCC has to operate, this proposal is unlikely to be implemented unless appropriate funds are available. Such a scheme can be agreed at the Forum, and although the initiative will still require a higher level of WCC CIL funding for infrastructure, the Town Council could be the ‘prime pump’ by using some of its 25% allocation of CIL monies. This funding would be transferred to WCC from the District Council (which has retained the money), and WCC would implement the work.
This may be a somewhat simplistic overview, but it demonstrates the process.
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At this stage, this is very much hypothetical, but it was reassuring that both the NP management team, and senior
SDC officers considered this approach workable and beneficial, and needs to be explored further.
4) Open Spaces

To consider the future provision, preservation and enhancement of green space
During the meeting with Stratford District Council to discuss the
Neighbourhood Plan, Mr Paul Lankester made an interesting remark. He mentioned whether the Town Council will, in future, include funding for the provision, preservation, and enhancement of green space in Stratford-upon-Avon in its precept?
There are a number of play areas for children within the town but as they are owned by the District Council, the Town Council is not required to run or maintain the facilities. However, the remark by Mr Lankester could have been ‘a warning shot across the bow’ that the District may be looking to the Town
Council to assist in future:

Avenue Farm

Burbage Avenue

Cottage Lane

Hodgson Road

Knights Lane

Recreation Ground

Shottery Fields

Trevelyan Crescent

Farm Garth

Wellington Drive
Taking on this responsibility was muted some time ago when the Town Clerk was newly incumbent, but as any input or benefits arising from the main Recreation Ground were definitely not forthcoming, the tentative and embryonic negotiations went no further.
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The District Council’s website states: Generally all public play areas in Stratford-upon-Avon are owned by the District Council as well as Abbeyfields, Studley and Leam Road, Lighthorne
Heath while all other play areas are the responsibility of the individual Parish Councils.
Although the responsibility for play areas by Parish Councils is obviously financially burdensome, it does ensure that they are
‘masters of their own destiny’, whilst the Town Council can have no input or derive any benefits from the open spaces listed about, particularly the Recreation Ground, situated in the very heart of its ‘patch’.
Following ongoing feedback, the Mayor has advised that there is a lot of dissatisfaction with the way SDC deals with requests for use of our open spaces for community use and would like to open the debate with Town Council members to ascertain whether Council has an appetite for re-opening discussions with t he District Council, bearing in mind that inevitably ‘say’ will equate to ‘pay’.
5) Disposal of Artefacts – Borough Dust Carts

To approve and instigate the process of disposing of
Borough artefacts stored at Hatton Rock
Although we must not lose sight of the main purpose of Hatton
Rock, which is to store all the Birthday paraphernalia, the unit has proved to be a great and necessary acquisition generally, and has taken the strain off the Town Hall and Cemetery in providing much needed storage space for artefacts and equipment.
Unfortunately however, from day one much of the space has been taken up by three vehicles, which were previously under the custodianship of the Shakespeare Birthplace Trust and stored in their ‘chicken shed’.
The Borough Fire Engine is earmarked for the Armouries
Museum, although the Birthplace and WCC were originally reluctant to permit the transfer of the engine to the Museum until it reached Accredited status. However, it is understood
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that the Armouries, as a private collection, will never be formally
Accredited by the Arts Council as a museum, but it is expected that it will work towards, and in parallel with, the standards required of Accreditation.
The two other vehicles are the Borough dust carts which are large and decrepit. All that has happened so far is that these vehicles have been moved from one storage facility owned by the Birthplace to another, leased by the Town Council. It all appears perfectly pointless, unless the artefacts can be put on public display. However, although things maybe old, it does not necessarily mean they have any intrinsic value, either historically or financially and can eventually be disposed of.
The Town Clerk has been in discussion with Dr Delia Garratt,
Head of Collections and Interpretation at the Birthplace who has advised that if the Town Council so desires, they will be able to help Council dispose of the dust carts, but only of the Council is prepared to follow the museum code of ethics in doing so. The
Birthplace is duty bound to follow these ethics for all its activities.
The basic process is as follows:

The Town Council will need to formally agree to the disposal of the items and state the reasons why;

The items then need to be offered, free of charge, to
Accredited Museums. This would require a free advert to be placed with the Museums Association for a period of not less than two months. It would also be helpful to contact other local Accredited Museums directly to see if they might be interested;

If no Accredited Museum offers to take the dust carts, then the Town Council can reconsider the decision to dispose, and if Council still wishes to go ahead, it can look to transfer the carts, by gift of sale, to another individual or institution.
Dr Garratt stated that although it might all look a little arduous, it is important to demonstrate due process when disposing of museum objects. She has also advised that Council must be
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quite clear that the objects no longer meet the strategic objectives of the Town i.e. that Council will never be in a position to display them etc. It would not be acceptable to suggest their disposal purely due to lack of space, although this is an important consideration in the Council’s ability to care for them correctly etc.
It was November 2012 when Council
RESOLVED: To instruct the Town Clerk to work with the
Museum Development Officer at Warwickshire
County Council, and the Head of Collections at the Birthplace Trust in order to ensure that the fire engines, currently stored at Hatton
Rock are housed and displayed appropriately on public view, preferably at the Stratford
Armouries Museum.
Mr Wigington from the Armouries Museum has expressed an interest in the dust carts, although he has yet to see them, but over one and a half years later, we are still in exactly the same position. Council has three large vehicles taking up an inordinate amount of storage space, but more importantly, they are still not on public display.
It is proposed and recommended that the Council goes down the route of disposing of these artefacts in line with the museum code of ethics so that it will eventually be in a position ‘to transfer the carts, by gift of sale, to another individual or institution’.
It is hoped that the individual will be Mr Wigington, but Council must not lose sight of the possibility that an alternative Accredited Museum may come forward, in which case, in line with the museum code of ethics, it will take precedence.
The Town Clerk has a meeting scheduled with Dr Garrett on
Friday 25 July, so at the Town Council Meeting on 29 July, she will be in a position to brief Council verbally on the outcome if there is anything to add to this report.
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6) Resurfacing of Paths in the Garden of Remembrance

To approve a virement of funds
At the General Purposes Committee Meeting on 8 July, it was
AGREED that the Finance & Scrutiny Committee be approached for a virement of funds to cover the differential in the price of tarmac compared to the preferred resin bonded gravel tarmac for the paths in the Garden of Remembrance.
It is important that the work is undertaken soon, in readiness for the significant Remembrance Service which will take place this year on 9 November. Unfortunately, the Finance & Scrutiny
Committee does not meet until September, so permission has been sought from Councillor Bicknell, Chairman of the Finance
& Scrutiny Committee, to take this matter straight to Council in order to sanction a virement of £4,667 for:

The removal of existing gravel surfacing and dispose of arisings off site

Excavate the existing area (approx. 7m ²) and supply and lay 150mm thickness of granular sub-base and 50mm thickness of AC20 dense bindercourse as footpath widening.

Supply and lay 22mm thickness of clear resin bond surface course using mixed buff gravel to finish.
7) The Town Council’s Relationship with the Shakespeare
Birthplace Trust
 To consider the Birthplace Trust’s proposal to attend the September meeting of Town Council on an annual basis
In response to Dr Diana Owen’s letter of 27 March 2014, attached as Appendix ‘A’ , the Town Clerk replied ( Appendix
‘B’ ) and now awaits a further response regarding the alderman issue which will be discussed at the SBT Nominations &
Remuneration Standing Committee in September.
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With regard to developing the relationship between the Council and the Birthplace, they have discussed the possibility of making a presentation and opening dialogue with the Town
Council. They have suggested a 30 minute slot at the
September Town Council meeting and wonder whether this might become an annual arrangement?
8) Council Representation on Outside Bodies

To appoint members as representatives to outside bodies
Traditionally, the appointment of members to outside bodies is usually resolved at the first main Town Council Meeting following Mayor Making.
Members must familiarise themselves with the responsibilities of such appointments and extreme caution is recommended if a member is asked to ‘stay on’ (this often happens when having just served as Mayor) without the mandate of the Town Council, as this carries personal liability.
In accordance with s.101 of the Local Government Act 2000, a
Parish Council may indemnify any action by a member or officer which has been authorised by the Council, or which forms part of duties placed upon, or powers conferred on that member or officer, as long as such action has been authorised by the
Council or is for the Council’s purposes.
This would include situations where a member or officer is nominated as a representative of its Council to an outside body.
By virtue of Article 7 of the 2004 Regulations, a Council may provide an indemnity to a member or officer where the action was outside their power and that of the Council, if the member or officer reasonably believed that the action in question was within their powers, or that of the Council.
Article 4 of the 2004 Regulations gives a Council the power to grant an indemnity and/or to secure insurance cover for its members or officers. The cost to a Council in providing indemnities is potentially high and it is more practical to provide
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indemnities by securing insurance cover, as is the case for
Stratford-upon-Avon Town Council.
However, it is perfectly acceptable and is recommended that members accepting an appointment as Town Council representative to an outside organisation, obtains its insurance/indemnity policy, and must be fully satisfied with the cover.
As a ‘rule of thumb’, if the organisation to which a member is appointed enters into contracts with outside bodies, the member must be satisfied that their input does not attract any personal liability, if the organisation later experiences financial difficulties.
Members will find the ‘Guidance for Members Appointed as
Representatives on Outside Bodies’ useful, additional information. This guidance was provided to District Councillors by their past Monitoring Officer, and is attached as Appendix
‘C’.
The appointment or re-appointment of members as representatives to other outside bodies will be considered at the
Town Council Meeting on 30 July, 2013 and the representation list is attached Appendix ‘D’ .
Those who wish to stand for appointment or re-appointment to an outside body should issue a very brief statement at the Town
Council Meeting on the merits of their candidacy. This is particularly important if the amount of interest warrants an election, and will give members a better insight into who is best able to take on the important responsibility of representing
Council on outside bodies.
9) Sub-Committee Structure

To approve the sub-committee structure
All the Standing Committees have now met since the start of the municipal year 2014/2015.
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At those meetings, various sub-committees were instigated. To ensure fairness across the Council, membership of each standing committee was held in abeyance for a further five working days, in order for members who did not serve on the instigating Standing Committee to express their willingness to serve on the sub-committee.
The chart attached as Append ix ‘E’ shows the proposed makeup of the various sub-committees which Council is recommended to APPROVE.
10) Proposed Amendment to the Standing Committee Structure

To appoint a member to the Planning Consultative
Committee
Members will recall that Council has previously sanctioned a
Standing Committee Structure made up of four Committees, with nine members on each Committee.
This has worked well as eighteen Councillors equates nicely into nine Councillors per Committee.
Although the Committee Structure was adopted at Mayor
Making, Councillor Dowling has since been appointed to the
District Council’s Area West Planning Committee and is therefore unable to continue serving on the Town Council’s
Planning Consultative Committee.
In future, this Committee must operate with only eight members, unless another member of Council is prepared to swap their position on either General Purposes or Mayoral &
Protocol, or be prepared to serve on three Committees if they do not wish to relinquish their position on either GP or M&P to
Councillor Dowling.
Sarah Summers
Town Clerk
29 July, 2014
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