Agenda, decisions and draft minutes


Executive - Monday 2 November 2020 6.30 pm

Venue: Virtual meeting

Contact: Natasha Clark, Democratic and Elections  Email: democracy@cherwellandsouthnorthants.gov.uk, 01295 221589

Media

Items
No. Item

57.

Declarations of Interest

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.

Additional documents:

Minutes:

9. Amendments to the Graven Hill Phase 1 Local Development Order (Second Revision) 2017.

Councillor Dan Sames, Non Statutory Interest, as a CDC appointed non-Executive Director on Graven Hill Management Company and Graven Hill Development Company and would leave the meeting for the duration of the item.

 

Councillor Ian Corkin, Non Statutory Interest, as a CDC appointed non-Executive Director on Graven Hill Management Company and Graven Hill Development Company and would leave the meeting for the duration of the item.

 

58.

Petitions and Requests to Address the Meeting

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

Additional documents:

Minutes:

There were no petitions or requests to address the meeting.

59.

Minutes pdf icon PDF 214 KB

To confirm as a correct record the Minutes of the meeting held on 5 October 2020.

Additional documents:

Minutes:

The minutes of the meeting held on 5 October 2020 were agreed as a correct record and would be signed by the Chairman in due course.

60.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

The Chairman referred to the changing national position, which was a big challenge to all with detailed guidance still awaited. The Chairman offered assurance to the public that he was confident the Chief Executive, leadership team and all staff would continue to work hard supporting the district and extended his thanks to all staff for their ongoing hard work during a challenging time.

 

At the invitation of the Chairman, the Chief Executive addressed Executive and provided assurance that the council had a dedicated workforce and was as prepared as could be. Councillors and residents would be updated when more information was available.  

 

61.

Including Everyone. Equalities, Diversity and Inclusion Framework pdf icon PDF 189 KB

Report of Corporate Director for Customers and Organisational Development

 

Purpose of report

 

This paper for Executive outlines the joint approach to equalities, diversity and inclusion being taken by Cherwell District Council in partnership with Oxfordshire County Council.

 

Recommendations

            

The meeting is recommended to:

 

1.1             Agree the Including Everyone, Equalities, Diversity and Inclusion Framework (Appendix 1).

 

1.2             Agree the initial Including Everyone, Action Plan (Appendix 2). 

 

Additional documents:

Decision:

Resolved

 

(1)      That the Including Everyone, Equalities, Diversity and Inclusion Framework (Annex to the Minutes as set out in the Minutes Book) be agreed.

 

(2)      That the initial Including Everyone, Action Plan  (Annex to the Minutes as set out in the Minutes Book) be agreed

 

Minutes:

The Corporate Director for Customers and Organisational Development submitted a report which outlined the joint approach to equalities, diversity and inclusion being taken by Cherwell District Council in partnership with Oxfordshire County Council.

 

On behalf of Executive, the Chairman commended the work to date and noted that this would be an ongoing piece of work.

 

Resolved

 

(1)      That the Including Everyone, Equalities, Diversity and Inclusion Framework (Annex to the Minutes as set out in the Minutes Book) be agreed.

 

(2)      That the initial Including Everyone, Action Plan  (Annex to the Minutes as set out in the Minutes Book) be agreed.

 

Reasons

 

The updating of the council's equality policy is a statutory requirement and this update has been undertaken in partnership with Oxfordshire County Council to align approaches. This is in-line with the agreed principles of joint working. It also reflects upon the serious inequalities within our communities. The updated draft policy is named ‘Including Everyone. Equalities, Diversity and Inclusion Framework’.

 

This policy highlights the need for change and describes what we are seeking to tackle to create a more inclusive community, services and workplace in Cherwell.

 

Alternative options

 

Option 1: Not updating the policy.

This would not ensure that we fulfil our statutory obligations to have an up-to-date equalities framework.

 

Option 2: Updating the policy for Cherwell District Council only.

This would not be in line with the strategic partnership arrangement with Oxfordshire County Council. A shared approach with then separate action plans appropriate for both councils maximises the use of resources and aligns direction.

 

62.

Car Parking Strategy pdf icon PDF 386 KB

Report of Assistant Director Environmental Services

 

Purpose of report

 

To present the revised car parking strategy with an action plan following Public Consultation and the impact of Coronavirus

Recommendations

            

The meeting is recommended:

 

1.1          To note the results of the Public Consultation.

 

1.2       To consider and approve the revised Car Parking Strategy and Car Parking Action Plan following feedback from public consultation and the impact of coronavirus.

 

Additional documents:

Decision:

Resolved

 

(1)           That the results of the Public Consultation be noted.

 

(2)           That, having given due consideration, the revised Car Parking Strategy and Car Parking Action Plan (Annexes to the Minutes as set out in the Minute Book) following feedback from public consultation and the impact of coronavirus be approved.

 

Minutes:

The Assistant Director Environmental Services submitted a report to present the revised car parking strategy with an action plan following Public Consultation and the impact of Coronavirus

 

Resolved

 

(1)           That the results of the Public Consultation be noted.

 

(2)           That, having given due consideration, the revised Car Parking Strategy and Car Parking Action Plan (Annexes to the Minutes as set out in the Minute Book) following feedback from public consultation and the impact of coronavirus be approved.

 

Reasons

 

The Car Parking Strategy and the associated action plan has been developed with the input of elected members and other key stakeholders.

 

The proposed strategy has now been brought back to Executive following public consultation. An equalities impact assessment has also been carried out which has not identified any areas of concern. In addition, the impact of coronavirus has been considered. The Action Plan will be reviewed on a regular basis and as a minimum updated on an annual basis as part of the business planning process

 

Alternative options

 

Option 1: To adopt the Car Parking Strategy & Action Plan as the strategy & action plan provides a framework for the development of car parking.

 

Option 2: To reject the Strategy and ask officers to reconsider

 

63.

Civil Parking Enforcement pdf icon PDF 417 KB

Report of Assistant Director Environmental Services

 

Purpose of report

 

To support a proposed application to the Department for Transport (DfT) for the introduction of a Special Enforcement Area (SEA) and bus lane enforcement powers across this district, South Oxfordshire and Vale of White Horse to provide Civil Parking Enforcement (CPE) managed by Oxfordshire County Council.

Recommendations

            

The meeting is recommended:

 

1.1             To support the application to the DfT for civil parking enforcement

 

1.2            To note the approval by the Oxfordshire County Council Cabinet to go

            forward with an application.

 

Additional documents:

Decision:

Resolved

 

(1)           That consideration of Civil Parking Enforcement be deferred to the next meeting of Executive to allow for further discussions with partners to obtain clarity on finance matters, the location of spaces and assurance that local consultation will take place before any spaces are allocated.

Minutes:

The Assistant Director Environmental Services submitted a report which sought support of a proposed application to the Department for Transport (DfT) for the introduction of a Special Enforcement Area (SEA) and bus lane enforcement powers across this district, South Oxfordshire and Vale of White Horse to provide Civil Parking Enforcement (CPE) managed by Oxfordshire County Council.

 

In introducing the report, the Lead Member for Clean and Green, Councillor Sames, proposed that consideration of the item be deferred to the next meeting of Executive to allow for further discussions with partners to obtain clarity on finance matters, the location of spaces and assurance that local consultation will take place before any spaces are allocated. Councillor Reynolds seconded the proposal.

 

Resolved

 

(1)           That consideration of Civil Parking Enforcement be deferred to the next meeting of Executive to allow for further discussions with partners to obtain clarity on finance matters, the location of spaces and assurance that local consultation will take place before any spaces are allocated.

64.

Amendments to the Graven Hill Phase 1 Local Development Order (Second Revision) 2017 pdf icon PDF 457 KB

Report of Assistant Director Planning and Development

 

Purpose of report

 

The purpose of this report is twofold:

 

a)    To inform Executive of the proposed revisions to the adopted Graven Hill Phase 1 Local Development Order (Second Revision) 2017 and;

 

b)    To seek authorisation for the adoption of the draft Graven Hill Phase 1 Local Development Order (Third Revision) 2020 subject to consideration of consultation responses with the Lead Member for Planning.

 

Recommendations

            

The meeting is recommended:

 

1.1      To note the proposed revisions to the Graven Hill Phase 1 Local Development Order (Second Revision) 2017.

 

1.2      To note the draft Graven Hill Phase 1 Local Development Order (Third Revision) 2020 (Appendix A).

 

1.3      To note the consultation process undertaken in respect of the draft LDO (Third Revision) 2020 and any comments raised to date.

 

1.4      To note the requirement to notify the Secretary of State of a decision to adopt a LDO as soon as practicable, and no later than 28 days after the Local Planning Authority has adopted the Order.

 

1.5      To authorise the Council’s adoption of the draft Graven Hill Phase 1 Local Development Order (Third Revision) 2020 subject to the Assistant Director –Planning and Development being satisfied that no substantive objections have been received in consultation with the Lead Member for Planning.

 

Additional documents:

Decision:

Resolved

 

(1)           That the proposed revisions to the Graven Hill Phase 1 Local Development Order (Second Revision) 2017 be noted.

 

(2)           That the draft Graven Hill Phase 1 Local Development Order (Third Revision) 2020 (Annex to the Minutes as set out in the Minute Book) be noted.

 

(3)           That the consultation process undertaken in respect of the draft LDO (Third Revision) 2020 and comments raised to date be noted.

 

(4)           That the requirement to notify the Secretary of State of a decision to adopt a Local Development Order as soon as practicable, and no later than 28 days after the Local Planning Authority has adopted the Order be noted.

 

(5)           That the Council’s adoption of the draft Graven Hill Phase 1 Local Development Order (Third Revision) 2020 be authorised, subject to the Assistant Director –Planning and Development being satisfied that no substantive objections have been received in consultation with the Lead Member for Planning.

 

Minutes:

The Assistant Director Planning and Development submitted a report to inform Executive of the proposed revisions to the adopted Graven Hill Phase 1 Local Development Order (Second Revision) 2017 and to seek authorisation for the adoption of the draft Graven Hill Phase 1 Local Development Order (Third Revision) 2020 subject to consideration of consultation responses with the Lead Member for Planning.

 

Resolved

 

(1)           That the proposed revisions to the Graven Hill Phase 1 Local Development Order (Second Revision) 2017 be noted.

 

(2)           That the draft Graven Hill Phase 1 Local Development Order (Third Revision) 2020 (Annex to the Minutes as set out in the Minute Book) be noted.

 

(3)           That the consultation process undertaken in respect of the draft LDO (Third Revision) 2020 and comments raised to date be noted.

 

(4)           That the requirement to notify the Secretary of State of a decision to adopt a Local Development Order as soon as practicable, and no later than 28 days after the Local Planning Authority has adopted the Order be noted.

 

(5)           That the Council’s adoption of the draft Graven Hill Phase 1 Local Development Order (Third Revision) 2020 be authorised, subject to the Assistant Director –Planning and Development being satisfied that no substantive objections have been received in consultation with the Lead Member for Planning.

 

Reasons

 

The draft Graven Hill Phase 1 Local Development Order (Third Revision) 2020, would continue to facilitate and encourage self-build and custom build housing at Graven Hill by simplifying the planning process whilst providing certainty that individuality and variety in design would be supported within the parameters set by the Masterplan and Design Code already approved under the outline planning permission. The draft LDO 2020 is considered to remain effective in facilitating the delivery of custom build and self- build development at Graven Hill.

 

The consultation period is yet to expire, it is therefore recommended that providing that no substantive objections are received to the revision set out in this report and within the draft LDO 2020, that the proposed revision is adopted. The Secretary of State would be notified of the Executive’s decision to adopt the LDO revision in accordance with Article 38(11) of the Town and Country Planning (Development Management Procedure) Order 2015.

 

Alternative options

 

Option 1: Not to adopt the revised LDO

This option would mean that the existing LDO remains in place until 15 December 2020 when it expires. After this date the development would no longer benefit from an LDO and all future plots in Phase 1 would require a reserved matters application or individual planning permissions. This could impact on the rate of delivery of custom build and self-build units at Graven Hill.

 

Option 2: Further revisions to the LDO

Officers consider that the proposed revisions address the changes required (subject to consideration of any substantive objections received by 12 November 2020).

65.

Monthly Performance, Risk and Finance Monitoring Report pdf icon PDF 931 KB

Report of Director Of Finance, and Head of Insight and Corporate Programmes

 

Purpose of report

 

This report summarises the Council’s Performance, Risk and Finance monitoring position as at the end of September 2020.

 

Recommendations

            

The meeting is recommended:

 

1.1      To note the monthly Performance, Risk and Finance Monitoring Report.

 

Additional documents:

Decision:

Resolved

 

(1)           That the monthly performance, finance and risk monitoring report be noted.

Minutes:

The Director Of Finance, and Head of Insight and Corporate Programmes submitted a report which summarised the council’s performance, risk and finance monitoring position as at the end of September 2020.

 

Resolved

 

(1)           That the monthly performance, finance and risk monitoring report be noted.

 

Reasons

 

The Council is committed to performance, rick and budget management and reviews progress against its corporate priorities on a monthly basis.

 

Alternative options

 

Option 1: This report illustrates the Council’s performance against the 2020- 21 business plan. As this is a monitoring report, no further options have been considered. However, members may wish to request that officers provide additional information.

 

66.

Urgent Business

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

Additional documents:

Minutes:

There were no items of urgent business.

67.

Exclusion of the Press and Public

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

 

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

 

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

 

No representations have been received from the public requesting that this item be considered in public.

 

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 item of business on the ground that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part 1, Paragraph 3  would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

 

 

 

Additional documents:

Minutes:

Resolved

 

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

68.

Park and Charge Update Report

Exempt report of Assistant Director Environmental Services

Decision:

Resolved

 

(1)           That the progress made be noted.

 

(2)           That authority be delegated to the Assistant Director Environmental Services in consultation with Assistant Director: Property, Investment and Contract Management, Director: Law and Governance and the Lead Member for Clean and Green, to conclude legal agreements with the proposed Charge Point Operator and utility companies providing electricity to charge points based in principle on the revised Heads of Terms (HoTs) set out in the exempt annex to the Minutes (as set out in the Minute Book).

 

(3)           As set out in the exempt decisions.

Minutes:

The Assistant Director Environmental Services submitted an exempt report, which, following the recommendations approved by the Chief Executive using urgent action on 6 April 2020, and subsequently endorsed by Executive, updated Executive of progress with the park and charge project and sought approval for changes to the original approved Heads of Terms (HoT’s) approved following progression of commercial negotiations with project partners.

 

Resolved

 

(1)           That the progress made be noted.

 

(2)           That authority be delegated to the Assistant Director Environmental Services in consultation with Assistant Director: Property, Investment and Contract Management, Director: Law and Governance and the Lead Member for Clean and Green, to conclude legal agreements with the proposed Charge Point Operator and utility companies providing electricity to charge points based in principle on the revised Heads of Terms (HoTs) set out in the exempt annex to the Minutes (as set out in the Minute Book).

 

(3)           As set out in the exempt minutes.

 

Reasons

 

The Park and Charge project offers the council an investment via private capital to develop needed EV charging infrastructure within our car parks for predominantly residents who have no off road parking, but also for visitors and commuters. Additionally the council is receiving a revenue contribution to fund these commercial negotiations, and involvement in a countywide EV communication and education package for residents. 

 

Alternative options

 

Option 1: Do Nothing

The Council could seek to close negotiations and not pursue this opportunity. If the Council was to install EV charging in the car parks, alternative conditions are unlikely to be as favourable in terms of the length or terms of the contracts.

 

Option 2: Reject the proposals and seek to renegotiate conditions

The Covid-19 impact upon the timescales of the project have resulted in a challenged schedule in order to meet the required progress from the funder Innovate UK. As a result if the recommendations are not approved there is a risk that the pilot car park installation and project progression will not happen to the funders satisfaction and subsequently the project could collapse.