Agenda, decisions and draft minutes

Apologies for absence had been received from Councillor Bonsundy-O’Bryan and Councillor Boote.

(i)         To receive declarations of disclosable pecuniary and other interests from Members in respect of any item to be considered at the meeting.

(ii)        In accordance with the Officer Employment Procedure Rules, the Strategic Director - Corporate Resources, Kevin Foster declares a disclosable personal interest (non-pecuniary) in any items concerning the companies of which he is a Council-appointed director. The companies are listed in the attached schedule. The interests are such that Mr Foster may advise on those items.

(iii)      In accordance with the Officer Employment Procedure Rules, the Head of Transformation, Digital and Customer Services, Adam Walther, declares a disclosable personal interest (non-pecuniary) in any items concerning the companies of which he is a Council-appointed director. The companies are listed in the attached schedule. The interests are such that Mr Walther may advise on those items.

In accordance with the Officer Employment Procedure Rules, the Strategic Director - Corporate Resources, Kevin Foster declared a disclosable personal interest (non-pecuniary) in any items concerning the companies of which he was a Council-appointed director.  The companies were listed in an attached schedule.  The interests were such that Mr Foster could advise on those items.

In accordance with the Officer Employment Procedure Rules, the Director of Legal and Democratic Services, Adesuwa Omoregie, declared a disclosable personal interest (pecuniary) in agenda item 11 – Director of Legal and Democratic Services.  The interest was such that Ms Omoregie left the Council Chamber during consideration of the item.

To approve the minutes of the meeting of the Council held on 20 November 2024, as published.

RESOLVED

That the minutes of the meeting of the Council held on 20 November 2024 be approved and signed as a true and correct record.

The Mayor reported on the events and activities she had participated in since the previous meeting of Council.  Events had included the annual inspection of the 1349 Woking Training Corps, concerts by the Woking Symphony Orchestra and the Woking Choral Society, and two carol services by the charity Guide Dogs for the Blind. 

The Mayor had also attended a number of shows, including the Woking pantomime, Christmas tree festivals, fun days and fairs.

The Mayor’s charity for the year, the Lighthouse, continued to support the local community through a food bank, a hygiene bank, and toys for more vulnerable families.

To consider any business which the Chairman rules may be dealt with under Section 100B(4) of the Local Government Act 1972.

No items of Urgent Business were considered.

To receive questions from Members of the Public of which due notice has been given.

Seven questions had been received from members of public. The questions, together with the replies from the Leader of the Council, were presented as follows:

Question 1 – Bhushan Sharma

“What are your plans going forward regarding the plot of land by the Morrisons roundabout on Goldsworth Rd (where a pub use to be, since knocked down)?”

Reply from Councillor Liam Lyons

“The site on Goldsworth Road to which you refer is not owned by Woking Borough Council, and as such we do not know what the owner's plans for the site are.  The site is designated as being suitable for residential development under Policy UA8.”

Question 2 – Bhushan Sharma

“What is the latest plan going forward concerning the development of the triangle section of Guildford Rd (next to railway bridge) which has been mostly bulldozed and fenced off?”

Reply from Councillor Dale Roberts

“This legacy project was fundamentally flawed not least because it required Woking Borough Council to carry the risk for works to both the replacement bridge and highways.  A number of scaled-down, and lower-risk alternatives were considered with our partners but were ultimately considered unviable at that time.  Instead, the site has recently been subject to an initial marketing exercise undertaken on behalf of the authority by two local agents.  Whilst the Triangle site is predominately owned by Woking Borough Council and is over 80% cleared, there are remaining ownerships which are still subject to negotiation in order to secure the whole site for redevelopment.  In addition, the Council is also in discussion with Surrey County Council and Highways regarding the future approaches to both the Bridge widening and Highway re-routing schemes.  An initial marketing report is now being prepared by the joint agents and we anticipate that, as a result, a short list of parties will be agreed.  Those parties will be invited to submit proposals for the future redevelopment of this site in the New Year.”

Question 3 – Wade Pollard

“On what date will the Council make available to its residents the response it made to the recent NPPF (National Planning Policy Framework) Consultation?”

Reply from Councillor Liam Lyons

“The Council’s response to the recent NPPF (National Planning Policy Framework) consultation is available on request as are all Council consultation responses. We have passed your details to Planning Policy and they will provide a copy to you.  For future reference, please email planning.policy@woking.gov.uk in respect of any planning consultations.”

Question 4 – Bhushan Sharma

“What is the plan going forward regarding the future of the derelict shopping zone previously occupied by Debenhams in Town centre?”

Reply from Councillor Dale Roberts

“The Debenhams Department store is part of the Peacocks Shopping Centre which is owned by a third party, The Arora Group, and is not in the control of the Council. The Council therefore is not able to determine the plans for this site.

The Council does however have a role in the sustainability of the Town Centre and therefore has every interest in  ...  view the full minutes text for item 6.

No questions have been received from Members of the Council.

No questions had been received from Members of the Council.

RESOLVED

That  (i)    the Council will continue to work with the GP practice to address their concerns about the building and ensure that it is meeting its responsibilities as landlord and the terms of the lease.

         (ii)   the Portfolio Holder for the Sheerwater Regeneration writes to the North West Surrey Health Alliance and stakeholders regarding the value of health services in Sheerwater and will report back to ward members on the outcome.’

The Mayor welcomed to the meeting three representatives for the petition – Elisabeth Hawkey, Dr Munira Mohamed and Nine Taylor.  Elisabeth introduced the petition following which the Elected Members were given an opportunity to ask questions.

The petition expressed support for a campaign to achieve an improved health centre in Sheerwater through the Council providing a fit-for-purpose building and financial compensation.  It was noted that the provision of a new health centre had been included in the Sheerwater Regeneration Scheme, though the plans had been abandoned in 2023 in light of the Council’s financial position.  The Centre required additional space and an urgent upgrade of its heating system, and the Petitioners further sought an extension of the rent relief provided by the Council since 2019, to the end of the 2024/25 financial year.

The petitioners responded to a range of questions from Councillors, and advised that, without further financial support, the Centre would struggle to recruit staff to continue its support across the community.  It was noted that half of the Centre had been occupied by a dental practice; the practice had subsequently closed, leaving the space in an unusable state.  The space remained vacant but had the potential to provide the Health Centre with room required to meet the needs of residents as the level of demand had increased.

During the debate, Councillor Mumtaz moved and Councillor Johnson seconded the following recommendation:

(i)      the Council will continue to work with the GP practice to address their concerns about the building and ensure that it is meeting its responsibilities as landlord and the terms of the lease; and

(ii)      the Portfolio Holder for the Sheerwater Regeneration writes to the North West Surrey Health Alliance regarding the value of health services in Sheerwater and will report back to ward members on the outcome

Councillor Mumtaz and Councillor Johnson spoke in support of the motion, emphasising the importance of continuing the ongoing engagement with the Centre.  The issues raised, including the vacant area of the building and the heating issues, would be explored further as part of the engagement.  The motion was discussed and Councillor Nicholson suggested the addition of the words ‘and stakeholders’ in (ii) after the words North West Surrey Health Alliance.  The suggestion was welcomed and the Council agreed the revised motion nem con.  It was therefore

RESOLVED

That  (i)    the Council will continue to work with the GP practice to address their concerns about the building and ensure that it is meeting its responsibilities as landlord and the terms of the lease; and

          (ii)   the Portfolio Holder for the Sheerwater Regeneration writes to the North West Surrey Health Alliance and stakeholders regarding the value of health services in Sheerwater and will report back to ward members on the outcome.

In accordance with Standing Orders, the Council to receive any announcements from the Leader of the Council (or their nominated spokesperson), Committee Chairmen and/or the Chief Executive.

Sara Sharif

The Leader of the Council spoke of the shocking death of Sara Sharif in Horsell and the recent decision of the Jury considering the case to find Sara's father and step mother guilty of murder and her uncle of causing or allowing death.  It was hoped that the outcome would provide a measure of relief for Sara's former school, residents in Horsell and people across Woking and beyond.

It was noted that Councillor Will Forster, MP for Woking, had called for an Inquest to determine how Sara had been let down and how vulnerable children in future could be better protected.

Hilton Hotel opening

It was noted that, since the previous meeting of Council, the final element of the Victoria Square development had been completed, with the opening of the much anticipated Hilton Hotel.

McLaren F1 Constructor Champions

The Leader expressed her admiration for the McLaren F1 racing team which had secured the constructors’ championship for the first time in over a quarter of a century.  It was hoped that a suitable celebration could be arranged to mark the achievement.

Hotel cladding

Disappointment was noted over the recent issues with the cladding on the Hilton Hotel as a result of the strong winds from Storm Darragh which had dislodged several panels.  Victoria Way had been closed as a safety measure and the cause was being investigated.  The lead contractor, Sir Robert McAlpine, was responsible for resolving the issue and would work with Victoria Square Woking Ltd.

The Leader concluded her statement drawing attention to the key items for discussion on the agenda including the petition from Sheerwater Health Centre, the signing off of accounts, the adoption of an updated Woking for All Strategy, and the commitment to invest in Council homes through a 30 year plan.

No further announcements were made.

RESOLVED

That  (i)    subject to the receipt of advice satisfactory to the Section 151 Officer and Members from King’s Counsel with respect to the Council’s Chief Financial Officer’s Statement of Responsibilities for the Statement of Accounts and the position of Members in relation to this, Full Council approves and submits the accounts to the External Auditors, BDO, in line with the statutory backstop requirements noting that this is done in the knowledge that they are based on the accounting policies and practices of the time and the information that was available at that time, additionally noting that this recommendation is made on the basis that

(a)         the Council’s Section 151 Officer’s via his explanatory statement to Full Council on 26 September 2024, has confirmed that the accounts are based on the best information available and the policies and conventions in place for the year that the specific accounts refer to; and

(b)         Officers have confirmed that there are no further matters relevant to the above accounts as of the date of this meeting  [4 December 2024] that should be brought to the Committee’s attention.”

         (ii)   the accounts for the financial year 2022/23 are approved and submitted to the Council’s external auditors, BDO, in line with the statutory backstop requirements, noting that this is done in the knowledge that they are based on the accounting policies and practices of the time and the information that was available at that time, additionally noting that:

(a)     the Council’s Section 151 Officer, via his explanatory statement to Full Council on 26 September 2024, has confirmed that the accounts are based on the best information available and the policies and conventions in place for the year that the specific accounts refer to; and

(b)     Officers have confirmed that there are no further matters relevant to the above accounts as of the date of the Full Council meeting on 12 December that should be brought to the attention of members; and

(iii)  it be noted that the Audit and Governance Committee (in respect of the final accounts for years 2019/20, 2020/21 and 2021/22) and the Council’s Section 151 Officer (in respect of the final accounts for the year 2022/23) have themselves noted the support of the Commissioners in the approach taken.

Before the item on the Final Accounts was introduced by the Portfolio Holder, the Mayor asked the Director of Legal and Democratic Services, Adesuwa Omoregie, to explain the background to the report before the Council.  The Council was advised that the Audit and Governance Committee had considered the final accounts for 2019/20, 2020/21 and 2021/22 at its meeting on 4 December 2024.  The accounts for 2022/23 had not been available at the time as the period of inspection had not yet ended. 

The Government had set a backstop date of 13 December 2024 for historic accounts to be signed off for audit and the Council was now asked to approve the accounts for the four years, with recommendations from the Audit and Governance Committee for the 2019/20, 2020/21 and 2021/22 accounts and Officer recommendations for the 2022/23 accounts.  Copies of the accounts had been published in advance of the meeting.

The report itself was introduced by Councillor Roberts, Portfolio Holder for Finance.  Whilst the Council was required to approve the historic accounts for audit purposes, the Portfolio Holder recognised that Members were reluctant to do so given the concerns over the reliability of the accounts.  As such, the recommendations had been drafted in such a way that the caveats around the proposed decisions were clear.  It was emphasised that the Section 151 Officer had confirmed that the accounts reflected the information available at the time to the best of his knowledge and reflected the accounting practices applied by Woking in the years in question.  Furthermore, the Council had sought King’s Counsel’s (KC) legal advice given the circumstances faced by the Authority, which had confirmed that the approval of the accounts did not imply approval of past decisions though would allow the external auditors to reach an opinion.

The Vice-Chair of the Audit and Governance Committee, Councillor Oades, spoke to the recommendations of the Committee, explaining that the Committee had added caveats amidst the concerns over the financial position of the Council.  The advice of the KC had been sought to assure Councillors that they would not face litigation.

In response to a question from Councillor Oades, the Chief Executive, Richard Carr, stated that the legal advice had confirmed that the Authority had a duty to approve the accounts by the backstop date set by the Government for all local authorities.  Once approved, the accounts would be submitted to the external auditors for their opinion, which was expected to be in the form of a disclaimer.  An abdication of the responsibility by the Council to approve accounts would bring it into disrepute and would be unhelpful when the Council was again seeking Exceptional Financial Support.

The proposals before the Council were debated and concerns over the accuracy of the accounts and the implications for Members were repeated.  However, it was emphasised that, whilst the Council was required to approve the accounts, it had been acknowledged that they were far from perfect.  The Portfolio Holder responded to the main points raised during  ...  view the full minutes text for item 10.

RESOLVED

That the appointment of Adesuwa Omoregie as the Council’s Director of Legal and Democratic Services, Monitoring Officer and Data Protection Officer be noted.

The Council received a report which outlined the decision of the Chief Executive in his capacity as Managing Director Commissioner to appoint Adesuwa Omoregie as the Council’s Director of Legal and Democratic Services, Monitoring Officer and Data Protection Officer.  The appointments had been made under authority available to the Chief Executive as a Government-appointed Commissioner and had effected the conclusion of the Appointments Panel following interviews held on 8 October 2024.  The appointments had taken effect on 11 November 2024.

RESOLVED

That the appointment of Adesuwa Omoregie as the Council’s Director of Legal and Democratic Services, Monitoring Officer and Data Protection Officer be noted.

No notices of motion have been received from Members of the Council.

No notices of motion had been received from Elected Members.

To receive and consider recommendations from the Executive.

The Council had before it a report on the recommendations from the Executive, setting out the extracts from the minutes of the meetings of the Executive held on 14 November and 5 December 2024.  In accordance with the Constitution, the recommendations were deemed to have been moved and seconded.

The Council had before it a report on the recommendations from the Executive, setting out the extracts from the minutes of the meetings of the Executive held on 14 November and 5 December 2024.  In accordance with the Constitution, the recommendations were deemed to have been moved and seconded.

RESOLVED

That the new Woking for All Strategy, attached at Appendix 1 to the report, be adopted.

The Leader of the Council introduced the recommendation of the Executive which sought to refresh the Woking for All Strategy. The aim of the Strategy was to clearly set out the Council’s priorities and objectives for the next three years, including how these would be delivered through a range of specific and measurable actions.  The duration of the Strategy would be aligned to the life cycle of the Medium-Term Financial Strategy which would run between 2024/25 and 2027/28.

The Strategy, developed through a series of workshops and discussions, would form a key part of the Council’s system of accountability to the public, provide clarity and direction to staff, make clear to partners what the Council was striving to achieve, and underpin the Council’s performance management.

The proposal focused on setting a strategic framework which was based around three top level themes (Thriving Communities, High Performing Council, and Effective Partnerships), under which sat a number of explicit strategic objectives and priorities.

The importance of establishing an effective Strategy was emphasised by the Leader of the Council who advised that it would be subject to an annual light touch review.

RESOLVED

That the new Woking for All Strategy, attached at Appendix 1 to the report, be adopted.

RESOLVED

That the Calendar of Meetings 2025/26 be approved as set out in Appendix 1 to the report.

The Council was invited to agree the calendar of meetings for the 2025/26 Municipal Year.  It was noted that additional meetings of Committees could be added during the year if deemed necessary.

RESOLVED

That the Calendar of Meetings 2025/26 be approved as set out in Appendix 1 to the report.

RESOLVED

That  (i)    the 30-Year Housing Revenue Account (HRA) Business Plan at Appendix 1 to the report be approved;

         (ii)   the Draft Rent Policy included as Appendix 2 to the report be agreed for consultation; and

         (iii)  the recommendation from the Communities and Housing Scrutiny Committee to the Executive as set out below be noted and supported:

            In their regular reviews of the HRA Long Term Business Plan, the Executive should pay particular attention to interest rates and review the Plan based on that information.

The Council was presented with proposals to adopt a 30-year Housing Revenue Account (HRA) Business Plan and to agree to consult on a new Rent Policy.

The HRA Business Plan would set out the Council's strategy for spending and borrowing to maintain its housing stock and operate services for its tenants and leaseholders.  The Business Plan would demonstrate that the Council had clear proposals for achieving its objectives and that they were financially viable in the short, medium and long term.

Councillor Johnson, Portfolio Holder for Housing, explained that the Business Plan focussed on key issues such as fire safety, commercial boilers and cladding, for which substantial funding would be set aside over the coming years.  The Business Plan would also lead on the decarbonisation of the Council’s housing stock.

Rent assumptions were a critical element of the Business Plan and, in line with recent Government announcements, it was assumed that rent levels would increase by CPI + 1% up to 2030/31 and by CPI only thereafter.  However, the Government allowed some flexibility to set rents up to 5% above formula rent for general needs properties and up 10% for sheltered/supported housing if a clear rationale could be demonstrated, known as ‘rent flexibility’.

The Council had made little use of rent flexibility in the past.  However, in view of the significant financial challenge in meeting its housing obligations, complying with regulatory standards and ensuring homes were safe and well-maintained, the Business Plan assumed that the Council would apply rent flexibility to all relets of its existing HRA homes when they became vacant.  A draft Rent Policy had been prepared and would be subject to consultation during late 2024/25.

Finally, the Portfolio Holder thanked the Members of the Communities and Housing Scrutiny Committee which had met on the previous evening to review the proposals now before the Council.  The Committee had suggested that the interest rate levels on the borrowing envisaged should be reviewed on a regular basis, and a short report with a recommendation to this effect had been published earlier in the day.  The recommendation would be referred to a future meeting of the Executive.

RESOLVED

That  (i)    the 30-Year Housing Revenue Account (HRA) Business Plan at Appendix 1 to the report be approved;

          (ii)   the Draft Rent Policy included as Appendix 2 to the report be agreed for consultation; and

          (iii)  the recommendation from the Communities and Housing Scrutiny Committee to the Executive as set out below be noted and supported:

                 In their regular reviews of the HRA Long Term Business Plan, the Executive should pay particular attention to interest rates and review the Plan based on that information.

RESOLVED

That  (i)    it be noted that the Council will be requesting Exceptional Financial Support for 2025/26 and this request will incorporate the interest and minimum revenue provision costs in relation to the loans made to companies and the debt standstill and debt sweep contained within the report;

         (ii)   a 2025/26 financial year investment debt repayment standstill on the Council’s investment loans to the ThamesWey group of companies and Victoria Square Woking Limited be approved (subject to the conditions and caveats set out in the report and subject to confirmation of Exception Financial Support from central government) for the financial year 2025/26 as set out in recommendation (i);

         (iii)  a debt sweep for the period up to the end of December 2024 be approved and authority be delegated to the Strategic Director for Finance, the Strategic Director - Corporate Resources, the Director of Legal and Democratic Services and the Chief Executive, in consultation with the Leader and Deputy Leader of the Council, following the application of the principles, assessments and assurances provided by the actions outlined within the report to determine the value of the sweep; and

         (iv)  the findings in the Part II report set out under Agenda Item 19 of the Executive agenda titled Investment Debt Repayment and Standstill 2024-25 and 2025-26 be noted.

The Mayor explained that the recommendations of the Executive in respect of the investment debt repayment would initially be introduced by the Portfolio Holder, following which the Mayor would move to exclude the press and public to enable the Members to consider confidential supporting papers under agenda item 15.  Once the papers had been considered, the Council would resume the public meeting for the debate on the proposals, before moving to the recommendations of the Executive set out in the report.

Councillor Roberts, Portfolio Holder for Finance, presented the recommendations, noting that the debt standstill previously agreed by the Council was currently in place.  The proposals by the Executive sought to ensure a similar arrangement was put in place for 2025/26 financial year.  The proposal would enable a temporary pause on payments to debtors.

The webcast of the meeting was paused at this point and any press and public excluded from the meeting for approximately ten minutes following a motion by the Mayor to enable the elected Members to discuss any matters arising from the confidential supporting papers.

On return to the public discussion, the Mayor invited comments and debate from the elected Members.  Caution was urged over the extent of the debt sweep of the Council’s group of companies to ensure it would be affordable to the businesses concerned.  The Portfolio Holder advised that extensive work had been undertaken and would continue in partnership with Interpath, a company which specialised in supporting distressed businesses, their investors and stakeholders with critical advisory and restructuring services.

RESOLVED

That  (i)    it be noted that the Council will be requesting Exceptional Financial Support for 2025/26 and this request will incorporate the interest and Minimum Revenue Provision costs in relation to the loans made to companies and the debt standstill and debt sweep contained within the report;

                   (ii)   a 2025/26 financial year investment debt repayment standstill on the Council’s investment loans to the ThamesWey group of companies and Victoria Square Woking Limited be approved (subject to the conditions and caveats set out in the report and subject to confirmation of Exception Financial Support from central government) for the financial year 2025/26 as set out in recommendation (i);

          (iii)  a debt sweep for the period up to the end of December 2024 be approved and authority be delegated to the Strategic Director for Finance, the Strategic Director - Corporate Resources, the Director of Legal and Democratic Services and the Chief Executive, in consultation with the Leader and Deputy Leader of the Council, following the application of the principles, assessments and assurances provided by the actions outlined within the report to determine the value of the sweep; and

          (iv)  the findings in the Part II report set out under Agenda Item 19 of the Executive agenda titled Investment Debt Repayment and Standstill 2024-25 and 2025-26 be noted.

The Mayor will move, and the Deputy Mayor will second:-

"That the press and public be excluded from the meeting during consideration of item 15 in view of the nature of the proceedings that, if members of the press and public were present during this item, there would be disclosure to them of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A, to the Local Government Act 1972.”

Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information).

PART II – PRESS AND PUBLIC EXCLUDED

The Mayor moved and Councillor Barker seconded that the press and public should be excluded from the meeting during consideration of the following item.

RESOLVED

That the press and public be excluded from the meeting during consideration of Agenda Item 15 in view of the nature of the proceedings that, if members of the press and public were present during this item, there would be disclosure to them of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A, to the Local Government Act 1972.

Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information).

The Council was presented with background documents to the recommendations of the Executive in respect of Investment Debt Repayment and Standstill 2024-25 and 2025-26.  The Portfolio Holder for Finance, Councillor Roberts, introduced the documents and the Council was invited to raise any questions or concerns they had.

Following a short discussion, the Mayor advised that the meeting would return to Part I and that the webcast would resume.  The Council would then be invited to debate and determine the recommendations of the Executive,