Agenda, decisions and minutes

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.

Members declared an interest in the following agenda item:

7. Air Quality

Councillor G A Reynolds, Personal, as a close relative lives within the area of Grimsbury and Castle ward considered by the report.

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

There were no petitions or requests to address the meeting.

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

There were no items of urgent business.

To confirm as a correct record the Minutes of the meeting held on 11 October 2010.

The minutes of the meeting held on 11 October 2010 were agreed as a correct record and signed by the Chairman.

Report of Head of Planning Policy and Economic Development

Summary

To seek approval for public consultation a draft “Planning Guidance on the Residential Amenity Impacts of Wind Turbine Development”.

Recommendations

The Executive is recommended:

(1)               To approve the attached draft document entitled “Planning Guidance on the Residential Amenity Impacts of Wind Turbine Development” as a basis for public consultation.

(2)               To agree that a public consultation is undertaken with relevant key stakeholders and that after this, the outcome of that public consultation is reported to members alongside a revised draft of the policy for approval.

Recommendations Approved

The Head of Planning Policy and Economic Development submitted a report which sought approval for public consultation a draft “Planning Guidance on the Residential Amenity Impacts of Wind Turbine Development”.

Resolved

(1)               That the draft document entitled “Planning Guidance on the Residential Amenity Impacts of Wind Turbine Development” be approved as a basis for public consultation.

(2)               That a public consultation be undertaken with relevant key stakeholders and that after this, the outcome of that public consultation be reported to members alongside a revised draft of the policy for approval.

Reasons

Council agreed on 19 July 2010 that as a matter of urgency, a policy be developed setting minimum acceptable distances between proposed wind turbines and dwellings.

Options

Report of Head of Environmental Services

Summary

This report considers the issue of air quality across the district and the areas of concern identified by monitoring and assessment.

Recommendations

The Executive is recommended:

(1)               To support the declaration of an Air Quality Management Area in Hennef Way, Banbury;

(2)               To note the possible implications which may arise from developing an action plan to deal with an Air Quality Management Area; and

(3)               To note the further areas where elevated nitrogen dioxide levels have been identified and may lead to them being declared Air Quality Management Areas in the future.

Recommendations Approved

The Head of Environmental Services submitted a report to consider the issue of air quality across the district and the areas of concern identified by monitoring and assessment. In the course of discussion Members requested Officers to report back on trains idling at Banbury Station, to continue to monitor air quality at Ardley and to contact Cllr Milne Home to be contacted re action plan.

Resolved

(1)               That the declaration of an Air Quality Management Area in Hennef Way, Banbury be supported

(2)               That the possible implications which may arise from developing an action plan to deal with an Air Quality Management Area be noted

(3)               That the further areas where elevated nitrogen dioxide levels have been identified and may lead to them being declared Air Quality Management Areas in the future be noted.

Reasons

Air Quality in the area covered by Cherwell District Council is good. However there are four areas where air quality objectives may not be achieved.

An area around Hennef Way must be declared as an Air Quality Management Area following detailed assessment of monitoring data and subsequent support of these conclusions by DEFRA.

Two further detailed assessments are being undertaken.

There is a risk of future costs for dealing with implementing an action plan for an Air Quality Management Area. These costs cannot be predicted at this stage and are unlikely to arise before 2012/13.

Options

Report of Head of Planning Policy and Economic Development

Summary

To ask the Executive to consider a draft version of the Economic Development Strategy for public consultation.

Recommendations

The Executive is recommended:

(1)               To approve the Draft Economic Development Strategy attached as appendix 1 to this report for public consultation

(2)               To give delegated authority to the Head of Planning Policy & Economic Development, in conjunction with the Portfolio Holder (Economic Development & Estates) to make minor further modifications to the draft Economic Development Strategy prior to it being published for public consultation.

Recommendations Approved

The Head of Planning Policy and Economic Development submitted a report to ask the Executive to consider a draft version of the Economic Development Strategy for public consultation.

Resolved

(1)               That the Draft Economic Development Strategy attached as annex 1 to the minutes (as set out in the minute book) be approved for public consultation

(2)               That the Head of Planning Policy & Economic Development, be given delegated authority in consultation with the Portfolio Holder (Economic Development & Estates) to make minor further modifications to the draft Economic Development Strategy prior to it being published for public consultation.

Reasons

The Economic Development Strategy is an important document, not only for the Council, but also for our partner organisations working within Cherwell District. The purpose of the Economic Development Strategy is to set the direction we collectively need to take to ensure that the economy of the district remains strong and diverse for the benefit of all who live and work here.

Options

Report of Head of Finance

Summary

Section 49 of The Local Government Finance Act 1988 gives the Council

discretionary power to reduce or remit business rates on the grounds of hardship. The purpose of this report is to agree an up to date policy which sets guidelines for considering applications and to give delegated authority to award relief. It is important that we ensure that all ratepayers making applications for this relief are treated in a fair, consistent and equitable manner.

The report outlines the :

·        Legislation requirements of the award of hardship relief

·        Criteria for hardship relief

Financial implications of awarding hardship relief

Recommendations

The Executive is recommended:

(1)               To consider the hardship discount scheme outlined in this report

(2)               To approve the proposed Hardship Relief policy framework to be adopted forthwith and be reviewed on an annual basis. (Appendix 1)

Recommendations Approved

The Head of Finance submitted a report to agree an up to date policy which sets guidelines for considering applications and to give authority to award relief. It was noted that an incorrect version had been circulated with the agenda pack and the correct version had been circulated prior to the meeting.

Resolved

(1)               That the hardship discount scheme be noted

(2)               That the proposed Hardship Relief policy framework as set out in annex 2 to the minutes (as set out in the minute book) be adopted and reviewed on an annual basis.

Reasons

The Local Government Finance Act 1988 and associated Regulations gives the Council a discretionary power to award rate relief including that of Section 49 hardship rate relief in respect on the National Non-Domestic Rate (NNDR). The NNDR is also referred to as “business rates”.  The Council has 4,409 NNDR payers with a net collectable debit of £64,728,413.

Options

Report of Head of Finance

Summary

Section 47 of The Local Government Finance Act 1988 gives the Council discretionary power to reduce or remit business rates for Charities, Community Amateur Sports Clubs and ‘not for profit’ bodies. The purpose of this report is to agree an up to date policy which sets guidelines for considering applications and to give delegated authority to award relief. It is important that we ensure that all ratepayers making applications for this relief are treated in a fair, consistent and equitable manner.

The report outlines the :

·         Legislation requirements of the award of discretionary relief

·         Criteria for discretionary relief

·         Financial implications of awarding discretionary relief

Recommendations

The Executive is recommended:

(1)               To consider the discretionary scheme outlined in this report.

(2)               To approve the proposed Discretionary Relief policy framework to be adopted forthwith and be reviewed on an annual basis. (Appendix A)

Recommendations Approved

The Head of Finance submitted a report which sought agreement an up to date policy which sets guidelines for considering applications and to give authority to award relief, in accordance with Section 47 of The Local Government Finance Act 1988 gives the Council discretionary power to reduce or remit business rates for Charities, Community Amateur Sports Clubs and ‘not for profit’ bodies.

Resolved

(1)               That the discretionary scheme be noted.

(2)               That the proposed Discretionary Relief policy framework as set out as annex 3 to the minutes (as set out in the minute book) be approved and reviewed on an annual basis

Reasons

The Local Government Finance Act 1988 and associated Regulations gives the Council a discretionary power to award rate relief under Section 47 in respect of the National Non-Domestic Rate (NNDR). The NNDR is also referred to as “business rates”.  The Council has 4,409 NNDR payers with a net collectable debit of £64,728,413.

Options

Report of Head of Planning Policy and Economic Development

Summary

To seek approval of the Local Development Framework’s Annual Monitoring Report (AMR) for submission to the Secretary of State for Communities and Local Government, and to present the district’s current housing land supply position.

Recommendations

The Executive is recommended:

(1)               to approve the Annual Monitoring Report for submission to the Secretary of State;

(2)               to note the district’s housing delivery position

Recommendations Approved

The Head of Planning Policy and Economic Development submitted a report which sought approval of the Local Development Framework’s Annual Monitoring Report (AMR) for submission to the Secretary of State for Communities and Local Government, and to present the district’s current housing land supply position.

Resolved

(1)               That the Annual Monitoring Report be approved for submission to the Secretary of State

(2)               That the district’s housing delivery position be noted

Reasons

The Annual Monitoring Report provides important information to assist policy making and development control decision making and is a statutory mechanism for monitoring housing delivery.  It’s most significant conclusion is that the district has returned to a 5 year land supply position, marking the end of a period during which the Council has been considering planning applications with a view to increasing supply.  The AMR notes that significant progress has been made on the Local Development Framework.  However, the revocation of Regional Spatial Strategies has created some additional areas of work.  The programme for completing the LDF will be revised once there is more information available about anticipated changes to local plan-making and to national planning policy.

Options

Report of Chief Executive and Head of Finance

Summary

To highlight the key announcements in the 2010 Comprehensive Spending Review, the potential implications for the Council in the short- to medium-term and the nature of the cost reductions which the Council must now consider in advance of finalising these once we have further information on our future grant from central government, expected in late November/early December.

The Comprehensive Spending Review was announced on 20 October 2010. Officers are considering the implications of the review for inclusion in this report which will be published as soon as it is available.

Recommendations

The Executive is recommended:

(1)               To note the outcome of the 2010 Comprehensive Spending Review for local government and the very tough target of an overall 26% cut in government grant over the next four years.

(2)               To note that this outcome is very much in line with our own 'realistic' planning scenario of 30% real term cuts, although we will not know our actual position until late November/early December.

(3)               To support all the proposed actions which are now underway to generate income and realise cumulative savings of £11.9m (listed in 3.13) for inclusion in 2011/12 budget.

(4)               To note the informal view of the Resources Scrutiny Working Group in relation to the fees and charges review. A number of these options are expected to be confirmed at the next formal meeting of the Resources and Performance Board (Appendix 2).

(5)               To note all the options for further savings which are under consideration in 3.22 so that when we receive a clearer indication of our actual government grant for 2011/12 and possibly beyond we are able to bring fully worked up savings for consideration at the 6 December Executive meeting.

Recommendations Approved

The Chief Executive and Head of Finance submitted a report which highlighted the key announcements in the 2010 Comprehensive Spending Review, the potential implications for the Council in the short- to medium-term and the nature of the cost reductions which the Council must now consider in advance of finalising having received further information on the future grant from central government, expected in late November/early December. In the course of discussion the Executive requested that the Independent Remuneration Panel be informed that in line with staff Council is likely to agree a 0% increase in allowances for elected members.

Resolved

(1)               That the outcome of the 2010 Comprehensive Spending Review for local government and the very tough target of an overall 26% cut in government grant over the next four years be noted.

(2)               That it be noted that this outcome is very much in line with the council’s 'realistic' planning scenario of 30% real term cuts, although the actual position will not be known until late November/early December.

(3)               That the proposed actions which are now underway to generate income and realise cumulative savings of £11.9m  for inclusion in 2011/12 budget be supported.

(4)               That the informal view of the Resources Scrutiny Working Group in relation to the fees and charges review be noted.

(5)               That the options for further savings as set out in the report be noted, so that when the council receives a clearer indication of the actual government grant for 2011/12 and possibly beyond, fully worked up savings can be brought for consideration at the 6 December Executive meeting.

Reasons

The actions highlighted will enable the Council to prepare a first draft of the 2010/11 budget. This will be presented to the Executive in early December and this report will include the latest position on the grant settlement and the impact on the medium term financial forecast.

Options

Report of Strategic Director for Planning, Housing & Economy and Improvement Project Manager

Summary

To consider the findings of the Value for Money Review report for Development Control and Major Developments (DC&MD VFM Review) and the recommendations arising from the report

Recommendations

The Executive is recommended:

(1)               To endorse the updated VFM Review conclusion that the DC&MD service:

a.      has exceed delivery of the savings target from the 2007 full VFM Review and delivered all the key improvements

b.      has driven down its costs since the full VFM Review was undertaken

c.      although, on the face of it, is above average cost, analysis shows core service costs would be closer to average when local factors and accounting practices of other comparator authorities are taken into account

d.      has good performance and productivity, provides good quality with improving levels of customer satisfaction

e.      is at a balanced point.  There is capacity to cope if applications increase, though this may be at the expense of performance, but with the flexibility to down-size the service relatively quickly if income or applications decline.

(2)               To adopt the following recommendations from the update VFM Review, changing the way the service is delivered in the future, achieving savings of up to £167k and, thereby, reducing the Council’s reliance on Housing and Planning Delivery Grant.

Savings:

a.      Reduce application advertising by only placing the minimum legal level requirement in the Oxford Times, saving £76k per annum

b.      Remove duplication in minor application publicity (mainly neighbourhood notifications), saving £3k per annum

c.      Introduce e-consultation to all parishes and internal and external consultees, saving £15k per annum

d.      Reduce the professional fees budget by £20k per annum by no longer utilising the services of agricultural/retail specialist advice in routine applications

e.      Deletion of a vacant, part-time, career planner post, saving £7k per annum

f.        In the event that fee income remains the same or declines, reduce staff establishment costs by ending the temporary contract to “backfill” resources allocated to the Eco Town project.  This gives budget flexibility of £46k and, should there be a small upturn is fee income, allows for the continuation of this temporary post.

Income:

g.      Introduce charges for pre-application advice from 2011/12.  It is estimated that income in the region of £10K per annum may be achievable.

Service Improvements:

h.      Redirect staff resources released by the changes in service delivery associated with achieving the savings above, to improve support for the application process and other resource pinch points (especially speed of validation/registration).

(3)       To note the endorsement of the findings of this Review by the Performance Scrutiny Working Group at its meeting on 21 September 2010 and their request that further consideration be given to a more efficient and less costly way of undertaking Ward Notifications such as using the e-mail system or appending Notifications to the Members’ Newsletter.

Recommendations Approved

The Strategic Director for Planning, Housing & Economy and Improvement Project Manager submitted a report which presented the findings of the Value for Money Review report for Development Control and Major Developments (DC&MD VFM Review) and the recommendations arising from the report

Resolved

(1)               To endorse the updated VFM Review conclusion that the DC&MD service:

a.      has exceed delivery of the savings target from the 2007 full VFM Review and delivered all the key improvements

b.      has driven down its costs since the full VFM Review was undertaken

c.      although, on the face of it, is above average cost, analysis shows core service costs would be closer to average when local factors and accounting practices of other comparator authorities are taken into account

d.      has good performance and productivity, provides good quality with improving levels of customer satisfaction

e.      is at a balanced point.  There is capacity to cope if applications increase, though this may be at the expense of performance, but with the flexibility to down-size the service relatively quickly if income or applications decline.

(2)               To adopt the following recommendations from the update VFM Review, changing the way the service is delivered in the future, achieving savings of up to £167k and, thereby, reducing the Council’s reliance on Housing and Planning Delivery Grant.

Savings:

a.      Reduce application advertising by only placing the minimum legal level requirement in the Oxford Times, saving £76k per annum

b.      Remove duplication in minor application publicity (mainly neighbourhood notifications), saving £3k per annum

c.      Introduce e-consultation to all parishes and internal and external consultees, saving £15k per annum

d.      Reduce the professional fees budget by £20k per annum by no longer utilising the services of agricultural/retail specialist advice in routine applications

e.      Deletion of a vacant, part-time, career planner post, saving £7k per annum

f.        In the event that fee income remains the same or declines, reduce staff establishment costs by ending the temporary contract to “backfill” resources allocated to the Eco Town project.  This gives budget flexibility of £46k and, should there be a small upturn is fee income, allows for the continuation of this temporary post.

Income:

g.      Introduce charges for pre-application advice from 2011/12.  It is estimated that income in the region of £10K per annum may be achievable.

Service Improvements:

h.      Redirect staff resources released by the changes in service delivery associated with achieving the savings above, to improve support for the application process and other resource pinch points (especially speed of validation/registration).

(3)       To note the endorsement of the findings of this Review by the Performance Scrutiny Working Group at its meeting on 21 September 2010 and their request that further consideration be given to a more efficient and less costly way of undertaking Ward Notifications such as using the e-mail system or appending Notifications to the Members’ Newsletter.

Reasons

This updated review proposes changes to the way the service will be delivered, reducing the Council’s reliance on Housing and Planning  ...  view the full minutes text for item 74.

Report of Strategic Director for Planning, Housing & Economy and Improvement Project Manager

Summary

To consider the findings of the Value for Money Review report for Planning Policy and the recommendations arising from the report

Recommendations

The Executive is recommended to:

(1)               Endorse the updated VFM Review conclusion that the Planning Policy service:

a.      has exceed delivery on the savings target from the 2007 full VFM Review and delivered all the key improvements

b.      has steadily driven down its costs since the full VFM Review was undertaken

c.      compared with similar local authorities, costs are now below average spend for the family group

d.      levels of satisfaction have improved for the way the Council manages local development, which is influenced by planning policy

e.      the service is achieving on or just below its performance targets

f.        will need to reduce the services it delivers if it is to achieve the VFM savings block of £50k.

(2)               To agree that the proposal for achieving the £50k savings block be adopted as part of the Council’s Medium Term Financial Strategy.

Recommendations Approved

The Strategic Director for Planning, Housing & Economy and Improvement Project Manager submitted a report which presented the findings of the Value for Money Review report for Planning Policy and the recommendations arising from the report

Resolved

(1)               Endorse the updated VFM Review conclusion that the Planning Policy service:

a.      has exceed delivery on the savings target from the 2007 full VFM Review and delivered all the key improvements

b.      has steadily driven down its costs since the full VFM Review was undertaken

c.      compared with similar local authorities, costs are now below average spend for the family group

d.      levels of satisfaction have improved for the way the Council manages local development, which is influenced by planning policy

e.      the service is achieving on or just below its performance targets

f.        will need to reduce the services it delivers if it is to achieve the VFM savings block of £50k.

(2)               To agree that the proposal for achieving the £50k savings block be adopted as part of the Council’s Medium Term Financial Strategy.

Reasons

This updated review identifies that this service is now below average cost in comparison to its family group and proposes changes to the way the service could be delivered in order to achieve the £50k saving block towards the Council’s Medium Term Financial Strategy.

Report of the Chief Executive and Corporate Strategy and Performance Manager

Summary

This report covers the Council’s performance for the period 01 July to 30 September 2010 as measured through the Performance Management Framework.

Recommendations

The Executive is recommended:

(1)               To note the many achievements referred to in paragraph 1.4.

(2)               To request that officers report in the third quarter on the items identified in paragraph 1.5 where performance was below target or there are emerging issues.

(3)               To agree the responses identified to issues raised in the quarter one performance report in paragraph 2.1 or to request additional action or information.

Recommendations Approved

The Chief Executive and Corporate Strategy and Performance Manager submitted a report outlining the Council’s performance for the period1 July to 30 September 2010 as measured through the Performance Management Framework. In the course of discussion Members requested that they be advised of the new performance management reporting as it becomes clear and that a meeting be arranged with officers and Councillors Atack and Wood to consider the Performance Management Framework in detail.

Resolved

(1)               That the many achievements as set out below be noted:

Cherwell: A District of Opportunity

·        Urban Regeneration: the Council has launched a consultation on proposals to pedestrianise areas of Kidlington.

·        Economic Development: the Council’s job clubs remain examples of national good practice with video footage used at this years Conservative Party Conference. The team continue to work with community groups to improve accessibility.

·        Affordable Housing: housing continues to provide support to local residents in challenging economic times with a good level of affordable housing scheme delivery.  This includes the first affordable housing completion under the Armed Forces personnel Home Ownership Scheme. This is tailored to forces personnel often required to re-locate at short notice. The housing team have also worked to secure 5 mortgage rescue completions. This scheme allows families struggling with mortgage repayments to remain in their home as tenants of a registered social landlord.

·        Eco Bicester: significant progress is being made on plans for the first “exemplar” phase of the eco town.  This has been subject of extensive consultation in the local community.

·        Urban Regeneration: the Old Town Party in Banbury had over 3,000 attendees, 300 participants in the community art wall and was supported by 5 local community groups and 26 local traders. This contributes to both the Council’s community cohesion and development objectives and also to increasing the vibrancy of our town centres.

A Cleaner Greener Cherwell

·        Street Cleansing: satisfaction with street and environmental cleanliness has increased to 72% for 2010 in comparison to 67% in 2009.

·        Rural Development: a successful countryside forum was held with over 50 attendees to discuss actions and progress with regards to conservation target areas and biodiversity across the district.

·        In Bloom Awards: Bicester achieved a Silver Gilt award in the national competition awards and Gold in the regional round. Banbury and Kidlington secured Silver Gilt awards. 

A Safe and Healthy Cherwell 

·        Activities for Young People: a successful summer programme of activities has been delivered with 1473 recorded attendances. Activities included a holiday sports road show and coaching clinics. 

·        Reducing Crime: working with partners to reduce crime and anti-social behaviour: Thames Valley Police are showing a 30% reduction in crime for this year.

An Accessible Value for Money Council

·        Reducing the Council’s costs by £800,000 in 2010/11: as of the 30 September £532,000 (66%) of the target has been achieved.

·        Providing More Services Online: there are currently 65 transactional services available on the Council’s website. The council’s consultation portal has also seen increasing availability of Council consultation activities including widening access to the annual satisfaction  ...  view the full minutes text for item 76.

Report of Head of Finance

Summary

This report summarises the Council’s Revenue and Capital performance for the first 6 months of the financial year 10/11 and projections for the full 10/11 period. These are measured by the budget monitoring function and reported via the Performance Management Framework (PMF) informing the 10/11 budget process currently underway.

This report also reviews the treasury and procurement action plan performance for the first 6 months of 2010/11.

Recommendations

The Executive is recommended:

(1)   To note the projected revenue & capital position at September 2010.

(2)   To approve the transfer of £234,000 to the organisational change reserve.

(3)   To approve the Capital Slippage of £2.2m from the 2010/11 capital programme as detailed in Appendix 1 and consider this as part of the 2011/12 budget process.

(4)   To note the Q2 performance against 2010/11 investment strategy and the mid year report in Appendix 2.

(5)   To note progress against the Procurement Action plan detailed in Appendix 3 and the savings recorded in Appendix 4.

Recommendations Approved

The Head of Finance submitted a report which summarised the Council’s Revenue and Capital performance for the first 6 months of the financial year 10/11 and projections for the full 10/11 period. These are measured by the budget monitoring function and reported via the Performance Management Framework (PMF) informing the 10/11 budget process currently underway. The report also reviewed the treasury and procurement action plan performance for the first 6 months of 2010/11.

Resolved

(1)   That the projected revenue & capital position at September 2010 be noted.

(2)   That the transfer of £234,000 to the organisational change reserve be approved.

(3)   That the Capital Slippage of £2.2m from the 2010/11 capital programme as detailed in annex 4 to the minutes (as set out in the minute book)  be approved and considered as part of the 2011/12 budget process.

(4)   That the Q2 performance against 2010/11 investment strategy and the mid year report in annex 5 to the minutes (as set out in the minute book) be noted.

(5)   That progress against the Procurement Action plan detailed in annex 6 to the minutes (ass set out in the minute book) and the savings recorded in annex 7 to the minutes (as set out in the minute book) be noted.

Reasons

In line with good practice budget monitoring is undertaken on a monthly basis within the Council. The revenue and capital position is reported monthly to the Corporate Management Team and formally to the Executive on a quarterly basis. This report includes the position at Q2.

Options