Agenda, decisions and draft minutes

There were no declarations of interest.

There were no petitions. The Chairman advised that he had agreed to one request to address the meeting, from Parish Councillor Tim Coggins, Chair of Heyford Park Parish Council on agenda item 6, Application for the Designation of a Neighbourhood Area for the parish of Heyford Park.

To confirm as a correct record the Minutes of the meeting held on 8 April 2024.

The minutes of the meeting held on 8 April 2024 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

The Chairman welcomed everyone to the first Executive meeting of the municipal year, the first meeting of the new administration and was looking forward to achieving a great deal during this period

Report of Assistant Director Planning and Development

Purpose of report

Heyford Park Parish Council has submitted an application for the designation of the whole of their parish as a Neighbourhood Area, in order to prepare a neighbourhood development plan. The Council must determine the application.

Recommendations

The Executive resolves:

1.1         To designate the Parish of Heyford Park as a Neighbourhood Area.

1.2         To determine that the Neighbourhood Area should not be designated as a business area under Section 61(H) of the Town and Country Planning Act 1990 (as amended).

1.3         To amend the existing designated Mid Cherwell Neighbourhood Area boundary to exclude Heyford Park parish, as shown in Appendix 4 to this report.

Resolved

(1)            That the Parish of Heyford Park be designated as a Neighbourhood Area.

(2)            That it be determined that the Neighbourhood Area should not be designated as a business area under Section 61(H) of the Town and Country Planning Act 1990 (as amended).

(3)            That the existing designated Mid Cherwell Neighbourhood Area boundary be amended to exclude Heyford Park parish, as shown in the map in the Annex to the Minutes (as set out in the Minute Book).

The Assistant Director Planning and Development submitted a report to consider the application for the Designation of a Neighbourhood Area for the Parish of Heyford Park.

Heyford Park Parish Council had submitted an application for the designation of the whole of their parish as a Neighbourhood Area, in order to prepare a neighbourhood development plan. The Council must determine the application.

Parish Councillor Tim Coggins, Chair of Heyford Parish Council, addressed Executive.

Resolved

(1)            That the Parish of Heyford Park be designated as a Neighbourhood Area.

(2)            That it be determined that the Neighbourhood Area should not be designated as a business area under Section 61(H) of the Town and Country Planning Act 1990 (as amended).

(3)            That the existing designated Mid Cherwell Neighbourhood Area boundary be amended to exclude Heyford Park parish, as shown in the map in the Annex to the Minutes (as set out in the Minute Book).

Reasons

The area application for the designation of a Neighbourhood Area for the parish of Heyford Park has been made in accordance with Neighbourhood Planning Regulations and section 61G of the Town and Country Planning Act (as amended). As such a designation would result in the need to amend the boundary of an existing designated neighbourhood area, namely Mid Cherwell, the Council has had to consider the desirability of making such an amendment. After reviewing all the representations received, and acknowledging that the Mid Cherwell Neighbourhood Plan cannot proceed without the consent of Heyford Park PC, it is considered desirable to amend the Mid Cherwell Neighbourhood area boundary by removing Heyford Park parish from it. The creation of two separate neighbourhood areas will allow both communities to progress neighbourhood plans.

Alternative options

There are no grounds to refuse the application. The application has been made in accordance with the regulations and subject to consultation. Moreover, such a refusal will prevent the preparation of neighbourhood plans for the parish and the wider Mid Cherwell area.

Report of Assistant Director of Finance (Section 151 Officer) and Assistant Director – Customer Focus, Shona Ware

Purpose of report

To report to Executive the council’s performance, risk, and financial positions at the end of the financial year 2023-2024.

Recommendations

The Executive resolves:

1.1         To consider and note the contents of the council’s performance, risk and outturn for the financial year ended 31 March 2024.

1.2         To approve the use of reserve requests held within Appendix 5.

1.3         To note the reserves movements made under the S151’s delegated powers as part of the audit of prior years’ statement of accounts at Appendix 5.

1.4         To approve the reprofiled capital budget described in Appendix 1, including corresponding financing from capital reserves, and adjust the 2024/25 capital programme accordingly.

1.5         To note outturn for 2023/2024 which is a balanced position after a contribution to reserves of £4.461m.

1.6         To approve the use of £0.285m of the Commercial Risk element of Policy Contingency to mitigate the delay in forecast lettings for some properties within 2023/24.

Resolved

(1)          That the council’s performance, risk and outturn for the financial year ended 31 March 2024 be noted.

(2)          That the use of reserve requests set out at Appendix 5 to the report be approved.

(3)          That  the reserves movements made under the S151’s delegated powers as part of the audit of prior years’ statement of accounts be noted.

(4)          That the reprofiled capital budget described in Appendix 1, including corresponding financing from capital reserves, be approved and the 2024/25 capital programme be adjusted accordingly.

(5)          That outturn for 2023/2024, which is a balanced position after a contribution to reserves of £4.461m, be noted.

(6)          That the use of £0.285m of the Commercial Risk element of Policy Contingency to mitigate the delay in forecast lettings for some properties within 2023/24 be approved.

The Assistant Director of Finance (Section 151 Officer) and Assistant Director – Customer Focus submitted a report on the council’s performance, risk, and financial positions at the end of the financial year 2023-2024.

Resolved

(1)          That the council’s performance, risk and outturn for the financial year ended 31 March 2024 be noted.

(2)          That the use of reserve requests set out the Annex to the Minutes (as set out in the Minute Book) be approved.

(3)          That  the reserves movements made under the S151’s delegated powers as part of the audit of prior years’ statement of accounts be noted.

(4)          That the reprofiled capital budget described the Annex to the Minutes (as set out in the Minute Book), including corresponding financing from capital reserves, be approved and the 2024/25 capital programme be adjusted accordingly.

(5)          That outturn for 2023/2024, which is a balanced position after a contribution to reserves of £4.461m, be noted.

(6)          That the use of £0.285m of the Commercial Risk element of Policy Contingency to mitigate the delay in forecast lettings for some properties within 2023/24 be approved.

Reasons

This report provides a summary of the council’s delivery against its business plan priorities including its, risk, and financial positions for the 2023/24 financial year.

Alternative options

Option 1: This report summarises the council’s performance, risk and financial positions for the 2023/2024 financial year, therefore there are no alternative options to consider.

Report of Assistant Director Law and Governance

Purpose of report

To brief Executive on the Oxfordshire Councils Charter (‘Parish Charter’)

Recommendations

The Executive resolves:

1.1         To endorse the Oxfordshire Councils Charter and agree that Cherwell District Council become a signatory to it.

1.2         To instruct Officers to bring a follow-up report in July 2025 assessing the impact of the charter.

Resolved

(1)          That the Oxfordshire Councils Charter be endorsed and it be agreed that Cherwell District Council become a signatory to it.

(2)          That Officers be instructed to bring a follow-up report in July 2025 assessing the impact of the charter.

The Assistant Director Law and Governance submitted a report to brief Executive on the Oxfordshire Councils Charter (‘Parish Charter’)

Resolved

(1)            That the Oxfordshire Councils Charter be endorsed and it be agreed that Cherwell District Council become a signatory to it.

(2)            That Officers be instructed to bring a follow-up report in July 2025 assessing the impact of the charter.

Reasons

Endorsement of the Charter will be an additional assurance to Cherwell parishes that CDC remains committed to communicating and working collaboratively with them.  It will encourage Cherwell parishes to become signatories and adopt the Charter principles. The Cherwell Parish Liaison Meeting is a demonstration of CDC’s commitment to the charter principles.

Alternative options

Option 1: Develop a CDC/Parishes charter as an alternative to the Oxfordshire Councils Charter.  This is not recommended because at the earliest stages of Charter development CDC was the prime mover in securing partnership involvement of the district and city councils on the Oxfordshire Charter.

Option 2: Propose substantial pre-launch changes to the content of the Oxfordshire Councils Charter.  This is not recommended because the Charter principles were  developed through an extensive consultation process.

(An updated version of Appendix 1 will be published once proposed appointments are reviewed)

Report of Assistant Director Law and Governance

Purpose of report

To appoint representatives to Partnerships, Outside Bodies, where these are executive functions, Member Champions and the Shareholder Committee, for the municipal year 2024/2025.

Recommendations

The Executive resolves:

1.1         To make appointments to partnerships, outside bodies, the Shareholder Committee, Member Champions and advisory groups for the 2024/2025 municipal year as set out in Appendix 1 to this report.

1.2         To delegate authority to the Assistant Director Law and Governance, in consultation with the Leader of the Council, to appoint Members to any outstanding vacancies and make changes to appointments, including new appointments, as may be required for the 2024/2025 Municipal Year.

1.3         To remind appointed members to update their Register of Interests as may be required, to reflect these appointments.

Resolved

(1)          That appointments to partnerships, outside bodies, the Shareholder Committee, Member Champions and advisory groups for the 2024/2025 municipal year be made as set out at Appendix 1 to this report.

(2)          That authority be delegated to the Assistant Director Law and Governance, in consultation with the Leader of the Council, to appoint Members to any outstanding vacancies and make changes to appointments, including new appointments, as may be required for the 2024/2025 Municipal Year.

(3)          That appointed Members be reminded to update their Register of Interests as may be required, to reflect these appointments.

The Assistant Director Law and Governance submitted a report to appoint representatives to Partnerships, Outside Bodies, where these are executive functions, Member Champions and the Shareholder Committee, for the municipal year 2024/2025.

Resolved

(1)          That appointments to partnerships, outside bodies, the Shareholder Committee, Member Champions and advisory groups for the 2024/2025 municipal year be made as set out at the Annex to the Minutes (as set out in the Minute Book).

(2)          That authority be delegated to the Assistant Director Law and Governance, in consultation with the Leader of the Council, to appoint Members to any outstanding vacancies and make changes to appointments, including new appointments, as may be required for the 2024/2025 Municipal Year.

(3)          That appointed Members be reminded to update their Register of Interests as may be required, to reflect these appointments.

Reasons

It is proposed that representatives are appointed to Partnerships, Outside Bodies and as Member Champions as set out at the Appendix to the report to ensure that the Council is represented and maintains links with partnerships and outside bodies.

Delegation to the Assistant Director Law and Governance, in consultation with the Leader provides flexibility for the remainder of the Municipal Year to appoint to any outstanding vacancies, or if amendments are required to any appointments, and ensures they are made in a timely manner.

Alternative options

Option 1: Not to appoint representatives to outside bodies, partnerships and as Member Champions. This is not recommended as the internal working groups would be ineffective and the Council would not be represented on these outside bodies and could miss valuable information and opportunities.

Report of Assistant Director Planning and Development

Purpose of report

To inform Executive of a decision taking under urgency powers by the Corporate Director  Communities regarding the making of the Deddington Neighbourhood Plan.

Recommendations

The Executive resolves:

1.1         To note the referendum result of 2 May 2024 where 93% of those who voted were in favour of the Deddington Neighbourhood Plan, which is above the required 50%.

1.2         To note the urgent decision taken by the Corporate Director Communities (Appendix 1).

Resolved

(1)          That the referendum result of 2 May 2024 where 93% of those who voted were in favour of the Deddington Neighbourhood Plan, which is above the required 50%, be noted.

(2)          That the urgent decision taken by the Corporate Director Communities to recommend to Council that the Plan “be made” be noted. 

The Assistant Director Planning and Development submitted a report to inform Executive of a decision taking under urgency powers by the Corporate Director  Communities regarding the making of the Deddington Neighbourhood Plan.

Resolved

(1)            That the referendum result of 2 May 2024 where 93% of those who voted were in favour of the Deddington Neighbourhood Plan, which is above the required 50%, be noted.

(2)            That the urgent decision taken by the Corporate Director Communities to recommend to Council that the Plan “be made” be noted. 

Reasons

In line with the constitution, this report is informing Executive of a decision that was taken by the Corporate Director – Communities under urgency powers.

Alternative options

A formal decision was required to be made. There was no known breach or incompatibility with, any EU or human rights obligations. The Council had no options or alternatives to making the Plan.

The following reports contain exempt information as defined in the following paragraphs of Part 1, Schedule 12A of Local Government Act 1972.

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

Members are reminded that whilst the following item has been marked as exempt, it is for the meeting to decide whether or not to consider it in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

No representations have been received from the public requesting that these items be considered in public.

Should Members decide not to make decisions in public, they are recommended to pass the following recommendation:

“That under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the ground that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part 1, Paragraph 3 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

Resolved

That under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the ground that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part 1, Paragraph 3 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Exempt report of Head of Digital and Innovation

Resolved

(1)          As set out in the exempt decisions.

The Head of Digital and Innovation submitted an exempt report in relation to Cherwell District Council’s Microsoft Enterprise Licensing Agreement.

Resolved

(1)            As set out in the exempt Minutes.

Reasons

As set out in the exempt Minutes 

Alternative options

As set out in the exempt Minutes

** Please note this exempt report will follow **

Exempt report of Assistant Director Property

Resolved

(1)          As set out in the exempt decisions.

(2)          As set out in the exempt decisions.

(3)          As set out in the exempt decisions.

The Assistant Director Property submitted an exempt report for the letting of Unit 5 at Castle Quay 2.

Resolved

(1)          As set out in the exempt Minutes.

(2)          As set out in the exempt Minutes.

(3)          As set out in the exempt Minutes.

Reasons

As set out in the exempt Minutes 

Alternative options

As set out in the exempt Minutes