Agenda, decisions and minutes

Members and Officers declared interests in the following agenda items:

7. Minutes.

Councillor David Hughes, Non Statutory Interest, in relation to the 1 September 2014 minutes of Executive as a Director of Graven Hill Village Holdings Limited.

Councillor James Macnamara, Non Statutory Interest, in relation to the 1 September 2014 minutes of Executive as a Director of Graven Hill Village Holdings Limited and Graven Hill Village Development Company Limited.

Councillor Timothy Hallchurch MBE, Non Statutory Interest, in relation to the 1 September 2014 minutes of Executive as a Director of Graven Hill Village Holdings Limited.

Sue Smith, Declaration, in relation to the 1 September 2014 minutes of Executive as a Director of Graven Hill Village Holdings Limited.

11. Approval of Main Modifications of Cherwell Local Plan.

Councillor James Macnamara, Declaration, as a member of as a member of the Diocesan Board of Finance and Gleben Building Committee who have ownership of part of the land within Banbury 17 South Salt Way.

Councillor Kieron Mallon, Declaration, as a tenant and leaseholder of land in the area of Banbury 17 South Salt Way and would be affected by the proposal and would leave the meeting for the duration of the item.

Councillor Nicholas Turner, Disclosable Pecuniary Interest, as tenant farmer and leaseholder of Drayton Leisure Golf Club which was on land under discussion and adjacent to one of the sites in the Local Plan.

Councillor Surinder Dhesi, Declaration, as she resided near Banbury 17 South Salt Way.

Recording at meetings

The Chairman advised Council that under the Openness of Local Government Bodies Regulations 2014members of the public were permitted to film, broadcast and report on the meeting, subject to the efficient running of the meeting not being affected.

Former Councillor David Green

The Chairman advised Council that former District Councillor David Green passed away recently. Councillor Green was a member of the Council from 1986 until 2002. He represented Sibford ward for the Conservatives and was a member of the north area planning committee on which he served as both Vice Chairman and Chairman. He also served on the environmental committee and the housing services committee.

Council observed a period of silence.

Chairman’s Engagements

The Chairman reported that a list of engagements that the Chairman, or the Vice-Chairman, had attended since the last meeting of Council is included in your agenda pack

Chairman’s Dinner

The Chairman’s Dinner would be held on Saturday 31 January 2015 at Bicester Golf and Country Club.

IRP Survey

The Chairman advised Members that the Independent Remuneration Survey would be circulated in the next few weeks. Members were requested to complete the survey and return to Lesley Farrell in Democratic and Elections.

Post

The Chairman reminded Members to collect post from pigeon holes.

The Chairman reported that he had agreed to two requests to address the meeting on agenda item 11, Approval of Main Modifications of Cherwell Local Plan.

To confirm as a correct record the Minutes of Council held on 21 July 2104.

The minutes of the meeting held on 21 July 2014 were agreed as a correct record and signed by the Chairman.

a)         Minutes of Executive, Lead Member Decisions and Executive Decisions not included in the Forward Plan

The Leader of the Council to formally propose that the minutes of the meetings of the Executive and Lead Member Decisions as set out in the Minute Book (circulated separately) be received and to report that since the last meeting two decisions have been taken by the Executive which were not included in the 28 day notice relating to Graven Hill and South West Bicester Sports Village.

b)         Minutes of Committees

The Leader of the Council to formally propose that the minutes of committees as set out in the Minute Book (circulated separately) be received.

a)            Minutes of the Executive, Lead Member Decisions and Executive Decisions made under Special Urgency

Resolved

That the minutes of the meeting of the Executive and Lead Member decisions as set out in the Minute Book be received and that it be noted that since the last meeting of Council, two decisions had been taken by the Executive which were not included in the 28 day notice relating to Graven Hill and South West Bicester Sports Village.

b)           Minutes of Committees

Resolved

That the minutes of Committees as set out in the Minute Book be received.

The Police and Crime Commissioner for Thames Valley, Anthony Stansfeld, the Chief Constable of Thames Valley Police, Sara Thornton, and the Local Area Commander, Kath Lowe, will be invited to address Council, following which Members will be able to ask questions.

The Chairman welcomed Sara Thornton, Chief Constable of Thames Valley Police and Cherwell Local Area Commander Superintendent Kath Lowe to the meeting.

Council was advised that the Police and Crime Commissioner, Anthony Stansfeld, had also been due to attend the meeting but had been called away at the last minute to an urgent meeting with the Home Secretary, Theresa May.

Chief Constable Thornton addressed the meeting regarding policing in Thames Valley. A number of Members asked questions and answers were duly provided.

The Chairman thanked the Chief Constable and Superintendent Lowe.

a) Written Questions

There were no written questions.

b) Questions to the Leader of the Council

Questions were asked and answers received on the following issues:

Changes to Executive responsibilities: Councillor Macnamara

Executive Minutes, 1 September 2014, Minute 7 - Air Quality Management Areas for Banbury and Kidlington: Councillor Macnamara                      

Bicester Community Hospital – Councillor Sibley

Bradley Arcade CCTV – Councillor Cherry

Flytipping – Councillor Dhesi

c) Questions to Committee Chairmen on the minutes

Councillor Richards asked a question to the Chairman of the Accounts, Audit and Risk Committee in relation to minute 25, Statement of Accounts 2013/14, of the meeting of the Committee held on 17 September 2014.

To debate a motion which has been submitted with advance notice, in accordance with the constitution.

Female Genital Mutilation

That this Council notes that it is estimated that up to 66,000 women and young girls in the UK have undergone Female Genital Mutilation, of this number 20,000 are under the age of 15.

We further note that these procedures have no health benefits and is a harmful traditional practice and an act of violence against women and girls, constitutes a violation of their fundamental rights, particularly the right to personal security, physical and mental health and of their sexual and reproductive health and is an act of child abuse.

Such violations can under no circumstances be justified by respect for cultural or religious traditions or initiation ceremonies.

To date there has not been a single prosecution for this in 28 years within the UK for those responsible for perpetrating this horrific crime as opposed to a more proactive approach in France.

The Council asks the Leader and Chief Executive to ensure all council staff and members assist health and Social Care professionals in Oxfordshire, including Midwifes, Obstetricians, Nurses, Social Workers, Community Workers, Police, Crown Prosecution Service and Policy makers to work together to identify women and young girls who are at risk and to work in partnership to take effective action to bring to an end this barbaric practice.

Proposer: Cllr Kieron Mallon

Resolved

That the following motion, as amended, be adopted:

Female Genital Mutilation

That this Council notes that it is estimated that up to 66,000 women and young girls in the UK have undergone Female Genital Mutilation, of this number 20,000 are under the age of 15.

We further note that these procedures have no health benefits and is a harmful traditional practice and an act of violence against women and girls, constitutes a violation of their fundamental rights, particularly the right to personal security, physical and mental health and of their sexual and reproductive health and is an act of child abuse.

Such violations can under no circumstances be justified by respect for cultural or religious traditions or initiation ceremonies.

To date there has not been a single prosecution for this in 28 years within the UK for those responsible for perpetrating this horrific crime as opposed to a more proactive approach in France.

The Council asks the Leader and Chief Executive to ensure all council staff and members assist health and Social Care professionals in Oxfordshire, including Midwifes, Obstetricians, Nurses, Social Workers, Community Workers, Police, Crown Prosecution Service, Teachers, School and Education professionals and Policy makers to work together to identify women and young girls who are at risk and to work in partnership to take effective action to bring to an end this barbaric practice.

a) Female Genital Mutilation

It was moved by Councillor Mallon, and seconded by Councillor Reynolds, that the following motion be adopted:

Female Genital Mutilation

That this Council notes that it is estimated that up to 66,000 women and young girls in the UK have undergone Female Genital Mutilation, of this number 20,000 are under the age of 15.

We further note that these procedures have no health benefits and is a harmful traditional practice and an act of violence against women and girls, constitutes a violation of their fundamental rights, particularly the right to personal security, physical and mental health and of their sexual and reproductive health and is an act of child abuse.

Such violations can under no circumstances be justified by respect for cultural or religious traditions or initiation ceremonies.

To date there has not been a single prosecution for this in 28 years within the UK for those responsible for perpetrating this horrific crime as opposed to a more proactive approach in France.

The Council asks the Leader and Chief Executive to ensure all council staff and members assist health and Social Care professionals in Oxfordshire, including Midwifes, Obstetricians, Nurses, Social Workers, Community Workers, Police, Crown Prosecution Service and Policy makers to work together to identify women and young girls who are at risk and to work in partnership to take effective action to bring to an end this barbaric practice.”

In the course of the debate, Councillor Woodcock proposed that the words “Teachers, School and Education Professionals” be added after “Crown Prosecution Service”.

Councillor Mallon, accepted the amendment.

The motion, as amended, was debated and subsequently agreed.

Resolved

That the following motion, as amended, be adopted:

Female Genital Mutilation

That this Council notes that it is estimated that up to 66,000 women and young girls in the UK have undergone Female Genital Mutilation, of this number 20,000 are under the age of 15.

We further note that these procedures have no health benefits and is a harmful traditional practice and an act of violence against women and girls, constitutes a violation of their fundamental rights, particularly the right to personal security, physical and mental health and of their sexual and reproductive health and is an act of child abuse.

Such violations can under no circumstances be justified by respect for cultural or religious traditions or initiation ceremonies.

To date there has not been a single prosecution for this in 28 years within the UK for those responsible for perpetrating this horrific crime as opposed to a more proactive approach in France.

The Council asks the Leader and Chief Executive to ensure all council staff and members assist health and Social Care professionals in Oxfordshire, including Midwifes, Obstetricians, Nurses, Social Workers, Community Workers, Police, Crown Prosecution Service, Teachers, School and Education professionals and Policy makers to work together to identify women and young girls who are at risk and to work in partnership to take effective action to bring to an end this barbaric practice.

(Councillors Mallon  ...  view the full minutes text for item 42.

**Please note that appendices 8 -10 to this report will follow as they are currently being finalised**

Report of the Head of Strategic Planning and the Economy

Purpose of Report

To consider Proposed Modifications to the Submission Cherwell Local Plan and representations received. To approve the Proposed Modifications, Further Proposed Minor Modifications and Sustainability Appraisal Addendum for submission to the Secretary of State for Communities and Local Government.  The Modifications are required to proceed with the public Examination and to ensure that the Local Plan is ‘sound’, and conforms to the National Planning Policy Framework.

Recommendation

The meeting is recommended:

 1.1        To approve the Proposed Modifications to the Submission Local Plan, incorporating Further Proposed Minor Modifications and Sustainability Appraisal Addendum, for submission to the Secretary of State for Communities and Local Government through the Planning Inspectorate.

Resolved

(1)          That through the Local Plan Examination, officers seek the designation of that part of the Ray Conservation Target Area that lies within site Bicester 13 (Gavray Drive) as a ‘Local Green Space’ within the meaning of paragraph 76 of the NPPF.

(2)          That subject to resolution (1), the proposed modifications to the Submission Local Plan incorporating further proposed minor modifications and Sustainability Appraisal Addendum (annexes to the Minutes as set out in the Minute Book) be approved for submission to the Secretary of State for Communities and Local Government through the Planning Inspectorate.

The Head of Strategic Planning and the Economy submitted a report to consider proposed modifications to the Submission Cherwell Local Plan and representations received, to approve the proposed modifications, further proposed minor modifications and the Sustainability Appraisal Addendum for submission to the Secretary of State for Communities and Local Government. The Modifications were required to proceed with the public Examination and to ensure that the Local Plan was ‘sound’, and conformed to the National Planning Policy Framework.

Mr Maggs, Middleton Stoney Parish Council, addressed Council.

Mr John Broad and Dr Patricia Clissold, representatives of the Campaign to Save Gavray Meadons and Grassroots Bicester, addressed Council.

In presenting the report, the Lead Member for Planning explained that the Draft Cherwell Local Plan - Part 1 had been submitted to the Planning Inspectorate on the 31 January 2014. The Examination, which commenced on 3 June 2014, had been suspended by the Inspector suspended the Examination for 6 months to allow for modifications to the Plan.

The Lead Member for Planning gave an overview of the main development site proposals and the additional evidence to support the modifications. Council was advised that the Duty to Cooperate was a legal requirement and over the course of preparing the modifications the council had complied with this requirement and there had been positive engagement with partner authorities. During the consultation, over 300 individual responses containing over 1,500 individual comments had been received. A further four representations had been received since publication of the agenda.   

The Lead Member for Planning explained that subject to the decision of Full Council final proposed modifications will be submitted to the Secretary of State for Communities and Local Government and the Public Examination will re-commence. In preparation for the Examination, updated Topic Papers and responses to written statements will be drafted.Once the Examination of the Local Plan has been completed, the Masterplans for Bicester, Banbury and Kidlington will be completed within the framework set by the Local Plan, once adopted.

In the course of the debate, Members acknowledged the importance of an adopted Local Plan, indicated their support and raised some queries to which the Lead Member for Planning duly responded. 

Members commended the Planning Team for their hard work in drafting the proposed modifications

Resolved

(1)          That through the Local Plan Examination, officers seek the designation of that part of the Ray Conservation Target Area that lies within site Bicester 13 (Gavray Drive) as a ‘Local Green Space’ within the meaning of paragraph 76 of the NPPF.

(2)          That subject to resolution (1), the proposed modifications to the Submission Local Plan incorporating further proposed minor modifications and Sustainability Appraisal Addendum (annexes to the Minutes as set out in the Minute Book) be approved for submission to the Secretary of State for Communities and Local Government through the Planning Inspectorate.

(Councillors Mallon and Turner left the meeting for the duration of the following item)

The following report contains exempt information as defined in the following paragraph 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 items have been marked as exempt, it is for the meeting to decide whether or not to consider each of them 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.

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

“That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded from the meeting for the following items of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.”

Resolved

That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded from the meeting for the following items of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act

** Please note that this report will follow as discussions with the developer are ongoing **

Exempt Report of Commercial Director (Bicester)

Resolved

(1)          As set out in the exempt decision notice.

(2)          As set out in the exempt decision notice.

(3)          As set out in the exempt decision notice.

The Commercial Director (Bicester) submitted an exempt report in relation to Bicester Community Building.

Resolved

(1)          As set out in the exempt minute.

(2)          As set out in the exempt minute.

(3)          As set out in the exempt minute.

There were no questions on exempt minutes.