Agenda, decisions and minutes

Members declared the following interests:

Councillor Tim Hallchurch declared a general non statutory interest as a Director of Graven Hill Village Holdings Ltd.

10. Cherwell Local Plan 2011-2031 (Part 1): Inspector's Report on the Examination into the Cherwell Local Plan and Plan for Adoption.

Councillor James Macnamara, Declaration, 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  and would leave the meeting for the duration of the item.

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 Nigel Morris, Declaration, as tenant on land which was one of the propositions to be built on in the Local Plan and would leave the meeting for the duration of the item.

Councillor Nicholas Turner, Declaration, as tenant on land which was one of the propositions to be built on in the Local Plan and would leave the meeting for the duration of the item.

The Vice-Chairman made the following announcements:

Recording at meetings

The Vice-Chairman advised the meeting that members of the public were permitted to film, broadcast and report on the meeting, subject to the efficient running of the meeting not being affected.

Chairman’s Engagements

The Vice-Chairman reported that a copy of the events attended by the Chairman or herself was included in the agenda pack.

Cherwell Boundary Review

The Vice-Chairman reported that the Cherwell Electoral Changes Draft Order 2015 was published last week and laid before both Houses of Parliament. The order can only be confirmed after it has been before each house for 40 sitting days. The 40^th day was likely to be Monday 2 November.

Until the Order was confirmed, the Elections Team cannot progress any work on the boundary changes so no further information will be available to members until late November.

Member Briefing

The Vice-Chairman advised Council that the Chief Executive would be giving a short briefing to all members at the conclusion of the meeting.

Knowing Your Communities Briefing – FGM

The Vice-Chairman advised Council that on Monday 10 August, 9.30-10.30am in the Council Chamber, Katy Barrow-Grint, Detective Chief Inspector; Thames Valley Police would be leading a Knowing Your Communities briefing.

She would be talking about FGM, the law and legislation around it, the Oxfordshire Safeguarding Board’s multi-agency strategy to prevent and deal with cases of FGM, and how frontline staff can assist with fighting this horrific child abuse.

The briefing was open to staff, Members and the Council’s partners. For more information, Members should contact Tracie Darke in the Performance and Insight Team.

Post

The Vice-Chairman reminded Members to collect post from pigeon holes.

There were no petitions. The Vice-Chairman reported that she had received one request to address the meeting on agenda item 10, Cherwell Local Plan 2011-2031 (Part 1): Inspector's Report on the Examination into the Cherwell Local Plan and Plan for Adoption, from Mr John Broad, who would be speaking on behalf of the Campaign to Save Gavray Meadow. Mr Broad would be called to speak at the start of item 10

To confirm as a correct record the Minutes of Council held on 19 May 2015.

The minutes of the meeting held on 19 May 2015 were agreed as a correct record and signed by the Vice-Chairman.

a)         Minutes of Executive, Lead Member Decisions and Executive Decisions not included in the 28 day notice

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 February meeting, the last time this was reported, two key or restricted decisions relating to the Recycling Contract and Additional Capital Bids have been taken by the Executive which were not included in the 28 day notice.

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 February meeting, the last time this was reported, two key or restricted decisions relating to the Recycling Contract and Additional Capital Bids have been taken by the Executive which were not included in the 28 day notice.

b)           Minutes of Committees

Resolved

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

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:

Communications Team and success in winning two national awards: Councillor Mallon

Individual Elector Registration: Councillor Dhesi

Bradley Arcade roof repairs: Councillor Cherry

Parking in Bicester: Councillor Sibley

Bicester Health Village: Councillor Sibley

Sunday trading laws: Councillor Beere

Customer Insight Report and collecting customer feedback: Councillor Johnstone

Local government cuts: Councillor Richards

c) Questions to Committee Chairmen on the minutes

There were no questions to Committee Chairman on the minutes of meetings.

There were no motions.

** Due to the size of the documents, the six appendices for this report are being published and printed as a separate document **

Report of Head of Strategic Planning and the Economy

Purpose of report

The main purpose of this report is to allow Members to consider the content of the Inspector’s Report on the Examination into the Submission Cherwell Local Plan, to decide whether to approve Main Modifications to the Local Plan as recommended by the Inspector together with additional modifications to enable the Plan to proceed to adoption, and to consider whether to adopt the Plan, as modified.

Recommendations

The meeting is recommended:

 1.1        To note the conclusions of the Inspector’s report (Appendix 1) and accept his recommendations regarding the Main Modifications that are required to make the Plan sound.

1.2         To approve the incorporation of additional modifications as set out in Appendix 2, including consequential changes to the Policies Maps arising from the Inspector’s recommendations.

1.3         To adopt as a development plan document the Local Plan (Appendix 3) incorporating all of the Main Modifications recommended by the Inspector together with the additional modifications as set out in Appendix 2, in accordance with Regulation 26 of the Town and Country Planning (Local Planning) Regulations 2012.

1.4         To delegate to the Head of Strategic Planning and the Economy prior to the publication of the Local Plan the correction of any further minor spelling, grammatical or typographical errors together with any improvements from a presentational perspective.

1.5         To delegate to the Head of Strategic Planning and the Economy the publication of an updated Adopted Policies Map to illustrate graphically the application of policies contained in the adopted development plan, comprising any site specific saved policies of the Cherwell Local Plan 1996 not replaced by the adoption of the Cherwell Local Plan 2011-2031, and site specific saved policies of the adopted Oxfordshire Minerals and Waste Local Plan 1996, in addition to relevant policies contained in Cherwell Local Plan Part 1.

1.6         To acknowledge that in adopting the Local Plan, it will revoke those saved policies indicated as being replaced in Appendix 7 of the Plan (Appendix 3) with immediate effect.

Resolved

(1)          That the conclusions of the Inspector’s report (annex to the Minutes as set out in the Minute Book) be noted and that his recommendations regarding the Main Modifications that are required to make the Plan sound be accepted.

(2)          That the incorporation of additional modifications (annex to the Minutes as set out in the Minute Book) including consequential changes to the Policies Maps arising from the Inspector’s recommendations, be accepted.

(3)          That the Local Plan (annex to the Minutes as set out in the Minute Book) incorporating all of the Main Modifications recommended by the Inspector together with the additional modifications (annexes to the Minutes as set out in the Minute Book), in accordance with Regulation 26 of the Town and Country Planning (Local Planning) Regulations 2012, be adopted as a development plan document.

(4)          That authority be delegated to the Head of Strategic Planning and the Economy to correct any further minor spelling, grammatical or typographical errors and make any improvements from a presentational perspective prior to the publication of the Local Plan.

(5)          That authority be delegated to the Head of Strategic Planning and the Economy to publish an updated Adopted Policies Map to illustrate graphically the application of policies contained in the adopted development plan, comprising any site specific saved policies of the Cherwell Local Plan 1996 not replaced by the adoption of the Cherwell Local Plan 2011-2031, and site specific saved policies of the adopted Oxfordshire Minerals and Waste Local Plan 1996, in addition to relevant policies contained in Cherwell Local Plan Part 1.

(6)          That it be acknowledged that in adopting the Local Plan, it will revoke those saved policies indicated as being replaced in Appendix 7 of the Plan (annex to the Minutes as set out in the Minute Book) with immediate effect.

(7)          That the designation of the Conservation Target Area at Gavray Drive (Policy Bicester 13) as a designated Local Green Space through the forthcoming stages of the Cherwell Local Plan Part 2 be positively pursued.

The Head of Strategic Planning and the Economy submitted a report to allow Members to consider the content of the Inspector’s Report on the Examination into the Submission Cherwell Local Plan, to decide whether to approve Main Modifications to the Local Plan as recommended by the Inspector together with additional modifications to enable the Plan to proceed to adoption, and to consider whether to adopt the Plan, as modified.

Mr John Broad, speaking on behalf of the Campaign to Save Gavray Meadow, addressed Council.

In introducing the report, the Lead Member for Planning, Councillor Gibbard, explained that the Inspector’s report on the examination into the Cherwell Local Plan Part 1 was a positive report for the Council and was to be welcomed. The Inspector has endorsed most of the Council’s proposed modifications to the Plan either without change or with minor amendments.  The main issues where the Inspector did not agree with the Council’s proposals were the identification of green buffers at Banbury and Bicester, and the amount of land allocated for employment use at strategic allocation site Banbury 15, Land north east of the M40. However, the issues where the Inspector did not agree with the Council proposals were not considered to be of such overriding concern as to halt the Council from proceeding to adoption.

With regards to Gavray Drive, whilst the Inspector had not considered the request for part of land north of Gavray Drive (Policy Bicester 13) to be designated as a Local Green Space (as resolved by Council on 20 October 2014), it was proposed that the designation of the Conservation Target Area at Gavray Drive (Policy Bicester 13) as a designated Local Green Space through the forthcoming stages of the Cherwell Local Plan Part 2 be positively pursued.

Council was advised that there was one further proposed modification, at the beginning of Policy Banbury 1: Banbury Canalside of the Plan for adoption, the following  ‘Development Description’, which was omitted in error, would be inserted:

“Provision of new homes, retail, office and leisure uses, public open space, pedestrian and cycle routes including new footbridges over the railway line, river and canal, and multi-storey car parks to serve Banbury railway station. Re-development would bring about significant environmental benefits in terms of improving the appearance of the built environment, the town centre, and the quality of the river and canal corridor. The wider community will have access to new services and facilities and Banbury’s economy will benefit with the increase in the number of visitors to the town.”

‘Primary school’ was deleted from the development description as set out in the Submission Local Plan January 2014 (endorsed on 21 October 2013) as a consequence of Inspector main modification 95 which requires contributions to primary and secondary education.

The Lead Member for Planning explained that if adopted, the Local Plan would come into force immediately. There was a provision for a legal challenge to be made within six weeks which ends on Wednesday 2 September 2015.

In  ...  view the full minutes text for item 25.

Report of Director of Resources and Head of Finance and Procurement

Purpose of report

This report presents information on treasury management performance and compliance with treasury management policy during 2014/15 as required by the Treasury Management Code of Practice.

Recommendations

The meeting is recommended:

1.1         To note the contents of this report in line with the Treasury Management Strategy.

Resolved

(1)          That the contents of the 2014/15 Treasury Management Annual Report, in line with the Treasury Management Strategy, be noted.

The Director of Resources and Head of Finance and Procurement submitted a report which presented information on treasury management performance and compliance with treasury management policy during 2014/15 as required by the Treasury Management Code of Practice.

Resolved

(1)          That the contents of the 2014/15 Treasury Management Annual Report, in line with the Treasury Management Strategy, be noted.

Report of Head of Law and Governance

Purpose of report

This report presents the Overview and Scrutiny Annual Report for 2014/15.

Recommendations

The meeting is recommended:

 1.1        To note the contents of the Overview and Scrutiny Annual Report 2014/15.

Resolved

(1)          That the contents of the Overview and Scrutiny Annual Report 2014/15 be noted.

The Head of Law and Governance submitted a report which presented the Overview and Scrutiny Annual Report for 2014/15.

In introducing the report, Councillor Hughes, the current Chairman of the Overview and Scrutiny Committee, paid tribute to former Chairman, Councillor Ann Bonner and thanked her for her hard work in the role

Resolved

(1)          That the contents of the Overview and Scrutiny Annual Report 2014/15 be noted.

Report of Chief Executive

Purpose of report

To notify Council of urgent action taken by the Chief Executive to change the appointed Cherwell District Council representative on the Oxfordshire Health Overview and Scrutiny Committee.

Recommendations

The meeting is recommended:

 1.1        To note the urgent taken by the Chief Executive to appoint Councillor Nigel Randall as Cherwell District Council’s representative to the Oxfordshire Health Overview and Scrutiny Committee.

Resolved

(1)          That the urgent action taken by the Chief Executive to appoint Councillor Nigel Randall as Cherwell District Council’s representative to the Oxfordshire Health Overview and Scrutiny Committee be noted.

The Chief Executive submitted a report to notify Council of urgent action taken by the Chief Executive to change the appointed Cherwell District Council representative on the Oxfordshire Health Overview and Scrutiny Committee.

Resolved

(1)          That the urgent action taken by the Chief Executive to appoint Councillor Nigel Randall as Cherwell District Council’s representative to the Oxfordshire Health Overview and Scrutiny Committee be noted.

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).

5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

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 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 under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following items 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, Paragraphs 3 and 5 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 items 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, Paragraphs 3 and 5 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 Environmental Services

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 Head of Environmental Services submitted an exempt report relating to the council’s recycling contract.

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.

Exempt report of Head of Finance and Procurement

Resolved

(1)          That the recommendation from the Executive meeting of 7 April 2015 for two additional 2015-16 capital bids for CCTV at Thorpe Lane Depot and Bodicote House be approved.

The Head of Finance and Procurement submitted an exempt report relating to a recommendation from Executive for additional Capital bids for CCTV at Thorpe Lane Depot and Bodicote House.

Resolved

(1)          That the recommendation from the Executive meeting of 7 April 2015 for two additional 2015-16 capital bids for CCTV at Thorpe Lane Depot and Bodicote House be approved.

There were no questions on exempt minutes.