Agenda, decisions and minutes

Report of Head of Urban and Rural Services

Summary

To consider the final draft Rural Strategy and Delivery Plan, and to consider appointing a Rural Champion.  To commend the Rural Strategy and Delivery Plan to the Cherwell Community Planning Partnership.

Recommendations

The Executive is recommended to:

(1)               To recommend to Council the approval of the final draft Cherwell Rural Strategy 2009-2014 and the Delivery Plan.

(2)               Approve the appointment of the Executive Member for Urban and Rural Services to lead the delivery of the Strategy as Cherwell District Council’s “Rural Champion”.

(3)               Commend the final draft Cherwell Rural Strategy 2009-2014 and the Delivery Plan to the Cherwell Community Planning Partnership.

Agreed, with the amendments:

Recommendation 1: Insert “as amended by the Portfolio Holder Urban and Rural Services”

Recommendation 3: Insert “as amended by the Portfolio Holder Urban and Rural Services”

The Head of Urban and Rural Services submitted a report to consider the final draft Rural Strategy and Delivery Plan, to consider appointing a Rural Champion and to commend the final draft Cherwell Rural Strategy 2009-2017 and the Delivery Plan to the Cherwell Community Planning Partnership.

Resolved

(1)   To recommend to Council the approval of the final draft Cherwell Rural Strategy 2009-2014 and the Delivery Plan as amended by the Portfolio Holder for Urban and Rural Services.

(2)   To approve the appointment of the Executive Member for Urban and Rural Services to lead the delivery of the Strategy as Cherwell District Council’s “Rural Champion”.

(3)   To commend the final draft Cherwell Rural Strategy 2009-2014 and the Delivery Plan to the Cherwell Community Planning Partnership as amended by the Portfolio Holder for Urban and Rural Services.

Reason – The Rural Strategy 2009-2014 and the Delivery Plan, which sets out detailed actions, will be part of the strategic framework that helps deliver the rural themes in Cherwell’s Community Plan.

Report of Chief Executive and Community and Corporate Planning Manager

Summary

This report presents a final version of a consultation and engagement strategy and action plan for Cherwell District Council and outlines the steps the council needs to take to meet the requirements of new legislation in this policy area.

Recommendations

The Executive is recommended:

(1) To undertake consultation on the draft strategy and make any amendments in consultation with the Portfolio Holder for Policy and Community Planning.

(2) Following consultation, to recommend to Council the adoption of the consultation and engagement strategy and action plan as council policy and the preferred approach to improving consultation and community engagement, to delivering our commitment to be an Accessible, Value for Money Council and to meeting the statutory requirements of the Duty to Involve in the Local Government and Public Involvement in Health Act 2007.

(3) To request an annual progress review of the strategy and action plan to be received by the Executive.

Agreed with the amendment that the Chairman reserves the right to amend.

The Chief Executive and Community and Corporate Planning Manager submitted a report to present a final version of a consultation and engagement strategy and action plan for Cherwell District Council and to outline the steps the council needed to take to meet the requirements of new legislation in this area.

Resolved

(1)   To undertake consultation on the draft strategy and make any amendments in consultation with the Portfolio Holder for Policy and Community Planning.

(2)   Following consultation, to recommend Council the adoption of the consultation and engagement strategy and action plan as council policy and the preferred approach to improving consultation and community engagement, to delivering our commitment to be an Accessible, Value for Money Council and to meeting the statutory requirements of the Duty to Involve in the Local Government and Public Involvement in Health Act 2007.

(3)   To request an annual progress review of the strategy and action plan to be received by the Executive.

Reasons – The business benefits of adopting the consultation and engagement strategy as proposed in this paper, and the supporting appendices go beyond meeting statutory requirements. They reflect and develop the Council’s current commitment and approach and include:

·        A clear statement of our commitment to consultation and engagement and an overview of the standards the public can expect when we undertake consultation.

·        Support for Members in terms of better information about community needs and also improved opportunities to be involved in consultation.

·        Closer alignment between service and financial planning and community needs as expressed through robust consultation and engagement opportunities. This will include the provision of an evidence base for service developments and growth bids.

·        A clear set of standards and requirements for managers in terms of service consultation and support to help them fulfil this.  Support will include consulting with harder to reach groups.

·        Improved coordination of consultation across the Council and in conjunction with partners. This will ensure consultation results are timely, improved sharing of information and the reduction of consultation fatigue.

·        Improved access to consultation for members of the local community. Consultations will be better planned and publicised. This will include better online access.

·        Better value for money by working with others to procure consultation and share results.

·        By adopting clear principles and standards the quality of our consultations will improve.  

·        A programme of corporate consultation that can be used to underpin the Council’s strategic framework including setting the budget and the corporate plan and understanding customer satisfaction trends

Report of Strategic Director Customer Service and Resources and Chief Accountant

Summary

The Council is required to produce a balanced budget for 2009/10 as the basis for calculating its level of Council Tax.  It has to base that budget on its plans for service delivery during the year, recognising any changes in service demand that may arise in future years.  The first draft was reported to the December 1^st 2008 Executive meeting and a second draft to the January 12 2009 Executive meeting.  The information has now been updated to reflect changes since then and, subject to any further changes Members may wish to include tonight, this final draft will be presented to full Council on 23 February 2009.

Recommendations

The Executive is recommended:

1)     to approve the changes to the draft budget since 12 January 2009 and consider the draft revenue budget (detailed in Appendix 1) in the context of the Council’s service objectives and strategic priorities;

2)     to agree the approach to the overall capital programme and 09/10 expenditure profile (detailed in Appendix 2);

3)     to note the latest MTFS financial forecast (detailed in Appendix 3);

4)     request officers to produce the formal 09/10 budget booklet on the basis of Appendices 1-3:

5)     recommend ,subject to any further changes Members may wish to include tonight, the updated draft budget for adoption by the Council on 23 February 2009 (as a key decision);

6)     recommend that the draft service plans be endorsed;

Agreed.

The Strategic Director Customer Service and Resources and Chief Accountant submitted a report that advised the Executive regarding the final  draft budget for 2009-2010 which had been updated to reflect changes since the first draft, which was reported to the December 1 2008 Executive meeting and the second draft, which was reported to the January 12 2009 Executive meeting. The final version was due to be presented to the full Council on 23 February 2009.

Resolved

(1)   To approve the changes to the draft budget since January 12 2009 and consider the draft revenue budget (detailed in Appendix 1) in the context of the Council’s service objectives and strategic priorities;

(2)   To agree the approach to the overall capital programme and 09/10 expenditure profile (detailed in Appendix 2);

(3)   To note the latest MTFS financial forecast (detailed in Appendix 3);

(4)   To request officers to produce the formal 09/10 budget booklet on the basis of Appendices 1-3;

(5)   To recommend, subject to any further changes Members may wish to include tonight, the updated draft budget for adoption by the Council on 23 February 2009 (as a key decision);

(6)   To recommend that the draft service plans be endorsed.

Reasons – The budget forms the financial expression of the Council’s service delivery plans fro 2009/10 and the allocation of resources against agreed service priorities is necessary in order to achieve its strategic priorities. There is also a statutory requirement that the Council sets a balanced budget by 11 March 2009, and the draft budget is part of that process.

Members are asked to declare any interest and the nature of that interest that they may have in any of the items under consideration at this meeting.

8. Cherwell Rural Strategy.

Councillor Nicholas Turner, Personal, As the Chairman of an NFU branch who had been consulted on the document.

The Chairman to report on any requests to submit petitions or to address the meeting.

The Chairman informed the meeting that Councillor Sibley hoped to attend the meeting and had requested to speak on agenda item 16: Bicester Hospital.  

The Chairman to advise whether they have agreed to any item of urgent business being admitted to the agenda.

There was no urgent business.

To confirm as a correct record the Minutes of the meetings held on 1^st December 2008 and 12^th January 2009.

The minutes of the meetings held on 1 December and 12 January were agreed as a true and accurate record and signed accordingly.

Report of Leader of the Council

Summary

To review the Leader’s Forward Plan of the key decisions which will be taken by the Executive over the next four months.

Recommendations

The Executive is recommended:

(1)       To resolve to note the Leader’s Forward Plan for the next four months.

Agreed.

The Chief Executive submitted the Leader’s Forward Plan of the key decisions which will be taken by the Executive over the next four months.

Resolved, that the Forward Plan for the next four months be noted.

Reasons – to create a Forward Plan for the Council as required by the Local Government Act 2000.

Report of Head of Planning and Affordable Housing Policy

Summary

To report on the outcome of the public consultation on the draft conservation area appraisal and to recommend that a conservation area be designated at Shenington with Alkerton

Recommendations

The Executive is recommended:

(1)       To note the outcome of the public consultation on the draft appraisal and proposed conservation area boundary

(2)       To approve the changes it is recommended be made to proposed boundary in response to comments received

(3)               To designate, under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990, a conservation area as proposed in the revised appraisal and as at Fig 1 appended to this report with    immediate   effect.

Agreed.

The Head of Planning and Affordable Housing Policy submitted a report that advised the Executive of the outcome of the public consultation on the draft conservation area appraisal and to recommend that a conservation area be designated at Shenington with Alkerton.

The Chairman expressed his gratitude to all residents who had addressed correspondence to him personally and noted that lessons could be learned from this case, including dispelling myths about conservation designation.

Councillor Reynolds and Councillor Turner requested that their abstentions be noted.

Resolved

(1)   To note the outcome of the public consultation of the draft appraisal and proposed conservation area boundary.

(2)   To approve the changes it is recommended be made to proposed boundary in response to comments received.

(3)   To designate, under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990, a conservation area as proposed in the revised appraisal and as at Fig 1 appended to the report with immediate effect.

Reasons – To approve Shenington with Alkerton Conservation Area appraisal and to designate a conservation area to cover both villages including historical landscape backdrop, as indicated in Fig.1.

Report of Chief Executive

Summary

To adopt Oxfordshire 2030, Oxfordshire’s Sustainable Community Strategy.

Recommendations

The Executive is recommended to:

(1)       Recommend to Council for adoption Oxfordshire 2030, Oxfordshire’s Sustainable Community Strategy, as a key strategic document for Cherwell District Council.

Deferred.

At the request of the Chairman this item was deferred to April to allow for further consultation.

Resolved, that the Oxfordshire 2030 – A Sustainable Community Strategy for Oxfordshire be deferred to allow for further consideration.

Report of Chief Executive and Head of Improvement

Summary

To report the Council’s performance against the Performance Management Framework for the period October – December 2008.

Recommendations

The Executive is recommended:

1)     To note the progress made on delivering against the Corporate Scorecard and the other performance frameworks appended to this report.

2)     To note the responses to the issues raised in the 2nd quarter report and to seek further information in the next quarterly Performance Management Framework report if required.

3)     To agree that in the next quarterly report there will be an update on the impact of the economic downturn on:

a)     The Council’s ability to deliver the 2008/09 corporate targets of 400 new homes and the creation of 200 gross new jobs and the impact on our targets in these areas for 2009/10.

b)     The income received through building control, planning applications and land charges during 2008/09, the projections for 2009/10 and the proposals for responding to a sustained drop in income as embodied in the 2009/10 budget. .

c)      The progress of key development projects such as Banbury Canalside, Bicester Town Centre and South West Bicester.

4)     To agree that in the next quarterly report there will be an update on the following: 

a)     The target for reducing acquisitive crime by 5% is unlikely to be met and current projections suggest a 2% reduction will be achieved.  (Note:  The Performance Scrutiny Working Group has identified this as an area of concern and are proposing it should be subject to review through the scrutiny process.  The progress of this work will be reported as part of this update). 

b)      The increase in recorded violent crime (although involving a small number of incidents this has risen by 25% over the last quarter).

c)      The amount of waste sent to landfill.  This is expected to be reduced by a minimum of 1400 tonnes but with the real possibility of further improvement to achieve the annual target of 1500 tonnes.

d)     The worsening performance on flytipping and prosecutions.

e)     The time taken to process minor and other planning applications.   These met 59% and 71% of the respective performance targets and are rated Red and there has been a slight deterioration in the performance of both since the last quarter.  (Note:  The Performance Scrutiny Working Group has identified this as an area of concern and are proposing it should be subject to review through the scrutiny process.  The progress of this will be reported as part of this update). 

f)        The delay in introducing the Food Waste Recycling Service.  .  It is now likely to be Autumn 2009 before the delayed  local food waste processing facility is built by the County Council.

g)     The increase in the number of days lost through sickness from 3.58 per full time employee a year to 6.31.

At the request of the Chairman this item was deferred to March.

Resolved, that this item be deferred until March to allow for further consideration.

Agreed.

The Head of Safer Communities and Community Development submitted a report requesting the Executive to update the authorisation of a newly qualified member of staff.

Resolved

(1)   That Authorisation be given to Rachel Anne Mason for the purposes of the following legislation:-

Building Act 1984

Caravan Sites Act 1968

Clean Air Act 1956, 1968 and 1993

Clean Neighbourhoods and Environment Act 2005

Control of Pollution Act 1974

Dogs (Fouling of Land) Act 1996

Environmental Protection Act 1990

Factories Act 1961

Litter Act 1983

Offices, Shops and Railway Premises Act 1963

Prevention of Damage by Pests Act 1949

Public Health (Control of Disease) Act 1984

Refuse Disposal (Amenity) Act 1978

Sunday Trading Act 1994

Water Acts 1973 and 1989

Water Industry Act 1991

(2)   That the Council be invited to authorise Rachel Anne Mason

Animal Boarding Establishments Act 1963

Breeding of Dogs Act 1973

Breeding and Sale of Dogs (Welfare) Act 1999

Caravan Sites and Control of Development Act 1960

Dangerous Wild Animals act 1976

Food Hygiene (England) Regulations 2006

Food Safety Act 1990

Health Act 2007

Health and Safety at Work, etc Act 1974

Local Government (Miscellaneous Provisions) Acts 1976 and 1982

Noise and Statutory Nuisance Act 1993

Official Feed and Food Controls (England) Regulations 2007

Pet Animals Act 1951

Public Health Acts 1936 and 1961

Riding Establishments Acts 1964 and 1970

Scrap Metal Dealers Act 1964

Zoo Licensing Act 1981

Reasons – This will ensure that the Council undertakes it regulatory duties compliance with the law.

The following reports contain 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 form the meeting for the following item(s) 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 form the meeting for the following item(s) of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph(s) 3 of Schedule 12A of that Act.

Report of Strategic Director - Environment and Community

Summary

To consider the Council’s response to the Oxfordshire Primary Care Trust’s (PCT) request for expressions of interest to deliver proposals for replacement Bicester Hospital facilities and services.

Recommendations

The Executive is recommended to:

(1)       Prepare an Expression of Interest and Pre Qualification Questionnaire promoting the SW Bicester site as the best location for delivering current and future intermediate health care needs of the people of Bicester and surrounding areas;

(2)       Undertake further dialogue with Medical Centre Developments Ltd to explore collaboration and the merits of a joint submission; and

(3)       Authorise the Strategic Director Environment and Community in consultation with the Leader of the Council to submit the necessary documentation to Oxfordshire PCT by 20 February 2009; and

(4)       Receive further reports as necessary on the progress of the submission and greater detail on the implications which arise through the competitive dialogue procurement process.

Agreed the recommendations as set out in the exempt report.

The Strategic Director Environment and Community submitted an exempt report to consider the Council’s response to the Oxfordshire Primary Care Trust’s (PCT) request for expressions of interest to deliver proposals for replacement Bicester Hospital facilities and services. 

Resolved

(1)   That the resolutions as set out in the exempt minutes be agreed.

Reasons – The provision of new healthcare facilities to meet the current and future needs of Bicester and surrounding areas is a critical part of the town’s infrastructure. In submitting its proposal, the Council is ensuring that the PCT has a range of delivery options to consider providing the best possible service.

Report of Strategic Director Customer Service and Resources

Summary

To consider the granting of delegated powers to award to the Strategic Director Customer Services and Resources, in consultation with the Portfolio Holder for Resources and the Chairman of the Accounts, Audit and Risk Committee, for a contract for the Supply of Internal Audit Services.

Recommendations

The Executive is recommended to:

(1)       To note the progress made to date in the appointment of an external provider for the Supply of Internal Audit Services.

(2)       Approve the granting of delegated powers to award to the Portfolio Holder for Resources and the Chairman of the Accounts, Audit and Risk Committee, in consultation with the Strategic Director Customer Services and Resources, for a contract for the Supply of Internal Audit Services, commencing on 1^st April 2009 for a period of 3 years with the option, purely at the discretion of the Council, to extend the contract by up to 2 years.

Agreed, with the following amendment:

Recommendation 2: The granting of delegated powers to be awarded to the Strategic Director of Customer Services and Resources, in consultation with the Portfolio Holder for Resources and the Chairman of Accounts, Audit and Risk Committee.

The Strategic Director Customer Services and Resources submitted a report to consider the granting of delegated power to award to the Strategic Director Customer Services and Resources, in consultation with the Portfolio Holder for Resources and the Chairman of the Accounts, Audit and Risk Committee, for a contract for the Supply of Internal Audit Services.

Resolved

(1)   That the progress made to date in the appointment of an external provider for the Supply of Internal Audit Services be noted.

(2)   That the granting of delegated powers be awarded to the Strategic Director of Customer Services and Resources, in consultation with the Portfolio Holder for Resources and the Chairman of Accounts, Audit and Risk Committee for a contract for the Supply of Internal Audit Services, commencing on 1 April 2009 for a period of 3 years with the option, purely at the discretion of the Council, to extend the contract by up to 2 years.

Reasons - The exempt report demonstrates that the procurement of Internal Audit Services is being undertaken via a competitive, compliant and robust process with the demonstration of effective partnership working with a neighbouring local authority. The Strategic Director Customer Services and Resources has provided strategic direction throughout the process and will consult with the Portfolio Holder for Resources and the Chairman of the Accounts, Audit and Risk Committee prior to deciding upon an award.