Agenda, decisions and minutes

There were no declarations of interest.

There were no petitions or requests to address the meeting.

The Chairman welcomed non-Executive members attending the meeting and asked them to indicate if they wished to speak on any item.

To confirm as a correct record the Minutes of the meeting held on 5 February 2024

The minutes of the meeting held on 5 February 2024 were agreed as a correct record and signed by the Chairman.

To receive communications from the Chairman.

On behalf of Executive, the Chairman congratulated Councillor Woodcock on his marriage the week before and wished him and his wife all the best.

Report of Head of Regulatory Services and Community Safety

Purpose of report

To approve the updated Air Quality Action Plan and confirm the revocation of two Air Quality Management Areas.

Recommendations

The Executive resolves:

To revoke AQMA No.2 (Horsefair/North Bar, Banbury) and AQMA No.3 (Bicester Road, Kidlington).

1.1         To approve the Air Quality Action Plan 2024.

Resolved

(1)          That the Air Quality Management Area (AQMA) No.2 (Horsefair/North Bar, Banbury) and Air Quality Management Area (AQMA) No.3 (Bicester Road, Kidlington) be revoked.

(2)          That Air Quality Action Plan 2024 be approved.

The Head of Regulatory Services and Community Safety submitted a report to approve the updated Air Quality Action Plan and confirm the revocation of two Air Quality Management Areas.

Resolved

(1)          That the Air Quality Management Area (AQMA) No.2 (Horsefair/North Bar, Banbury) and Air Quality Management Area (AQMA) No.3 (Bicester Road, Kidlington) be revoked.

(2)          That Air Quality Action Plan 2024 be approved.

Reasons

In AQMA No.2 (Horsefair/North Bar, Banbury) and AQMA No.3 (Bicester Road, Kidlington) the measured levels of nitrogen dioxide have been below the air quality objective of 40µg/m³ for the last five years. The guidance from Defra is that revocation of an AQMA should be considered following three consecutive years of compliance with the relevant objective ,and where there have been no exceedances for the past five years, the AQMA should be revoked. The Executive are therefore recommended to approve the revocation of these two AQMAs.

Where an AQMA has been declared for an exceedance of an air quality objective, it is a legal requirement for the Council to have an AQAP in place and then review it every five years. The current AQAP, approved by the Executive on 6 March 2017, has been updated in consultation with partners and to reflect the latest monitoring and traffic data. The Executive are therefore recommended to approve the Air Quality Action Plan 2024.

Alternative options

Option 1: To not revoke AQMA No.3 (Bicester Road, Kidlington) and AQMA No.2 (Horsefair/North Bar, Banbury). This option was rejected because local authorities are required to revoke AQMAs where there have been no exceedances of the relevant objective for the past five years.

Option 2: To not approve the Air Quality Plan 2024. This option was rejected because where there is an AQMA declared for an exceedance of an air quality objective, it is a legal requirement for the Council to have an AQAP in place (Environment Act 1995 as amended), and to review it every five years.

Report of Head of Regulatory Services and Community Safety

Purpose of report

To review and agree the fixed penalty notice fines that can be charged for various environmental crimes.

Recommendations

The Executive resolves:

1.1         To approve the proposed increase to the fixed penalty fine levels for fly tipping, household duty of care, and littering offences or approve another amount above the current fine level if preferred.

Resolved

(1)           That the following increase to the fixed penalty fine levels for fly tipping, household duty of care, and littering offences be approved:

·       Description of offence: Unauthorised deposit of waste (fly tipping)

o   Penalty: £1000

o   Penalty if paid within 10 days: £500

·       Description of offence: Failure in household duty of care

o   Penalty: £600

o   Penalty if paid within 10 days: £300

·       Description of offence: Depositing little

o   Penalty: £500

o   Penalty if paid within 10 days: £250

The Head of Regulatory Services and Community Safety to review and agree the fixed penalty notice fines that can be charged for various environmental crimes.

Resolved

(1)          That the following increase to the fixed penalty fine levels for fly tipping, household duty of care, and littering offences be approved:

·         Description of offence: Unauthorised deposit of waste (fly tipping)

o   Penalty: £1000

o   Penalty if paid within 10 days: £500

·         Description of offence: Failure in household duty of care

o   Penalty: £600

o   Penalty if paid within 10 days: £300

·         Description of offence: Depositing little

o   Penalty: £500

o   Penalty if paid within 10 days: £250

Reasons

Fixed penalties can be an effective and visible way of responding to environmental crimes and provide a quicker and proportionate alternative to prosecution through the courts. The receipts from fixed penalties can be retained by the council and used to support the investigation of environmental offences. The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023 increased the upper limits for some fixed penalty notices

Alternative options

Option 1: To leave the fixed penalty fine levels unchanged at current levels. This option was rejected as the current fine levels do not reflect the seriousness of the offences.

Option 2: To not issue fixed penalty notices but to proceed with prosecutions. This option was rejected because issuing a fixed penalty notice is a proportionate approach for dealing with lesser offences in accordance with the Council’s Enforcement Policy.

Option 3: To remove the early payment discount. This option was rejected in order to encourage and provide an incentive for early payment.

Report of Assistant Director Wellbeing and Housing

Purpose of report

To activate the extension within the existing lease with Punch Taverns (Jubilee) Limited for 1 year

Recommendations

The Executive resolves:

1.1         To approve the exercise of an option within the existing lease allowing the Council to take a further lease of the premises for one year.

Resolved

(1)           That it be agreed to exercise of an option within the existing lease allowing the Council to take a further lease of the premises for one year.

The Assistant Director Wellbeing and Housing submitted a report to activate the extension within the existing lease with Punch Taverns (Jubilee) Limited for 1 year.

Resolved

(1)          That it be agreed to exercise of an option within the existing lease allowing the Council to take a further lease of the premises for one year.

Reasons

Exercising the option within the existing Musketeer lease and entering a new lease for use of these premises would avoid a short term rise in costs attributed to temporary accommodation linked to the use of other commercial hotels. This would also allow for other opportunities to be explored for temporary accommodation in the medium and long term.

Alternative options

Option 1: Not agree to exercise the option in the existing lease to take a new lease of the accommodation at the Musketeer for one year and to vacate these premises at the end of the existing lease. This is a consideration but is rejected because it would lead to a short term rise in costs due to placements of households in more expensive commercial hotels.

Option 2: Enter negotiations for a new lease for a term longer than one year. This is a consideration but is rejected at the current time due to the review of our own stock and other potential opportunities outlined in the report. Following the review, it may be a result that a new lease is required as the best way to assist in the discharge of the Council's temporary accommodation function.

Report of Assistant Director Wellbeing and Housing

Purpose of report

Following the adoption of the Oxfordshire Food Strategy by Executive on June 6 2022 (minute 7 refers)  there have been a series of meetings and consultations led by Good Food Oxfordshire, including community food network members and local food businesses to agree an action plan for Cherwell that is presented for approval.

Recommendations

The Executive resolves:

1.1         To agree the Food Action Plan for the Cherwell area.

1.2         To delegate the approval of any grants to qualifying organisations to the Assistant Director Wellbeing and Housing in consultation with the Portfolio Holder for Healthy and Safe Communities.

Resolved

(1)          That the Food Action Plan for the Cherwell area be agreed.

(2)          That the approval of any grants to qualifying organisations be delegated to the Assistant Director Wellbeing and Housing in consultation with the Portfolio Holder for Healthy and Safe Communities.

The Assistant Director Wellbeing and Housing submitted a report which sought approval of a Food Action Plan for Cherwell. Following the adoption of the Oxfordshire Food Strategy by Executive on June 6 2022 (minute 7 refers) there had been a series of meetings and consultations led by Good Food Oxfordshire, which included community food network members and local food businesses, and informed the proposed Food Action Plan.

Resolved

(1)          That the Food Action Plan for the Cherwell area be agreed.

(2)          That the approval of any grants to qualifying organisations be delegated to the Assistant Director Wellbeing and Housing in consultation with the Portfolio Holder for Healthy and Safe Communities.

Reasons

Endorsing the Food Action Plan for Cherwell, which is the result of community consultation and shared ambition, allows groups involved to be confident in their plans for development. Furthermore it allows Cherwell District Council to receive funding from Oxfordshire County Council to support the delivery of the identified actions.

Alternative options

Option 1: To not endorse the action plan

This course of action has been rejected as there are no substantive reason why the council should not enter into a formalised action plan with regard to the vision of the Oxfordshire Food Strategy 'Where everyone in Oxfordshire can enjoy the healthy and sustainable food they need every day'.

Report of Assistant Director Wellbeing and Housing

Purpose of report

To respond to the motion passed at Full Council on 18 December 2023.

To combat period poverty, this Council asks the Executive

a)    to investigate and report back on the number of accessible locations across the Council’s estate where free sanitary products can feasibly and sensitively be provided.

b)    to consider the report and the recommendations therein to make a decision on implementation.”

Recommendations

The Executive resolves:

1.1         To provide free sanitary products in Bodicote House in the publicly accessible women's lavatories.

1.2         Furthermore, to provide an opportunity for community partners from the warm spaces network, community food network and community centres to opt in to providing female hygiene products at no cost to customers.

1.3         To provide a grant of £150 for up to 80 community locations who opt in.

Resolved

(1)          That it be agreed that free sanitary products be provided in Bodicote House in the publicly accessible women's lavatories.

(2)          That it be agreed to provide an opportunity for community partners from the warm spaces network, community food network and community centres to opt in to providing female hygiene products at no cost to customers.

(3)          That it be agreed to provide a grant of £150 for up to 80 community locations who opt in.

The Assistant Director Wellbeing and Housing submitted a report to respond to the following motion which had been adopted by Full Council on 18 December 2023:

“To combat period poverty, this Council asks the Executive

a)    to investigate and report back on the number of accessible locations across the Council’s estate where free sanitary products can feasibly and sensitively be provided.

b)    to consider the report and the recommendations therein to make a decision on implementation.”

In response to a question from Councillor Woodcock regarding the possibility of Town and Parish Councils being included in the community partner discussions, the Assistant Director Wellbeing and Housing agreed to liaise with the clerks at Banbury Town Council, Bicester Town Council and Kidlington Parish Council.  

In response to a question from the Portfolio Holder for Regeneration regarding what Oxfordshire County Council in respect of combatting period poverty, the Assistant Director Wellbeing and Housing advised that she understood they would be providing free sanitary products in toilets at libraries but this had not yet commenced.

Resolved

(1)          That it be agreed that free sanitary products be provided in Bodicote House in the publicly accessible women's lavatories.

(2)          That it be agreed to provide an opportunity for community partners from the warm spaces network, community food network and community centres to opt in to providing female hygiene products at no cost to customers.

(3)          That it be agreed to provide a grant of £150 for up to 80 community locations who opt in.

Reasons

Period poverty is a local issue and the recommendations continue the spirit of the motion in providing products at Bodicote but recognises that women struggling to meet everyday costs of living are more likely to access community buildings and  community food provision making support of these spaces the best way to get district coverage of free hygiene products.

Alternative

Option 1: To do nothing.  Given the motion that was passed at Full Council and the potential impact on health and economic independence period poverty can have, this option has not been recommended.

Option 2: Consider providing more sustainable products rather than free disposable ones.  The prohibitive costs of more sustainable products and the administrative resource needed to offer them makes this a commitment beyond our current means and so hasn't been recommended.

Report of Corporate Director Resources

Purpose of report

To approve the Property Asset Management Strategy.

Recommendations

The Executive resolves:

1.1       To review and approve the Property Asset Management Strategy.

Resolved

(1)          That the Property Asset Management Strategy be approved.

The Corporate Director Resources submitted a report to approve the Property Asset Management Strategy.

Resolved

(1)          That the Property Asset Management Strategy be approved.

Reasons

The Property Asset Management Strategy will support Council decision making, priorities and service delivery. It outlines the principles and framework underpinning decisions to make best use of property assets and is the first Property Asset Management Strategy since the Council decoupled from Oxfordshire County Council in 2022. The need for a strategic property asset review formed part of the action plan arising from the 2022 LGA Peer Review and the Property Asset Management Strategy will support this need.

Alternative options

Option 1: Not to approve the Property Asset Management Strategy. This option has been rejected as the need for a Property Strategy was highlighted in the LGA 2022 Peer Review and the Council requires a Strategy to support decision making, priorities and service delivery.

Report of Assistant Director Finance and Assistant Director Customer Focus

Purpose of report

To update Executive on how well the council is performing in delivering its priorities, managing potential risks, and balancing its finances for the month of January 2024.  

Recommendations

The Executive resolves:

1.1         To consider and note the contents of the Council’s Performance, Risk and Financial report for the month of January 2024.

1.2         To approve a change in the frequency of reporting from the new financial year onwards from monthly to quarterly.

1.3         To approve the reserve requests in Appendix 5.

1.4         To note the approval of £0.011m S106 monies for the refurbishment works to Steeple Aston Village Hall under S151 delegation powers.

Resolved

(1)          That, having given due consideration, the Council’s Performance, Risk and Financial report for the month of January 2024 be noted.

(2)          That a change in the frequency of reporting from the new financial year onwards from monthly to quarterly be approved.

(3)          That the following reserve requests set out at appendix 5 of the report be approved.

(4)          That the approval of £0.011m S106 monies for the refurbishment works to Steeple Aston Village Hall under S151 delegation powers be noted.

The Assistant Director Finance and Assistant Director Customer Focus submitted a report to update Executive on how well the council was performing in delivering its priorities, managing potential risks, and balancing its finances for the month of January 2024.     

Resolved

(1)          That, having given due consideration, the Council’s Performance, Risk and Financial report for the month of January 2024 be noted.

(2)          That a change in the frequency of reporting from the new financial year onwards from monthly to quarterly be approved.

(3)          That the following reserve requests of the report be approved.

(4)          That the approval of £0.011m S106 monies for the refurbishment works to Steeple Aston Village Hall under S151 delegation powers be noted.

Reasons

This report provides an update on progress made during January 2024, to deliver the council’s priorities, manage potential risks and remain within the agreed budget.

Alternative options

There is no alternative option to consider as this is an update report on the council’s performance, risk, and financial positions up to the end of January 2024. However, members may wish to request further information from officers for inclusion.

Report of Assistant Director of Finance

Purpose of report

To update Executive on the status of the loan to Silverstone Heritage Limited and agree a rephased payment plan.

Recommendations

The Executive resolves:

1.1         To agree to the extension of the payment term of the loan given to Silverstone Heritage Limited to March 2034.

Detailed under item 16

The Assistant Director of Finance submitted a report to update Executive on the status of the loan to Silverstone Heritage Limited and agree a rephased payment plan.

In introducing the report, the Deputy Leader and Portfolio Holder for Finance advised that there was a public and private version of the report due to aspects of the information containing commercially sensitive information. Executive would therefore make their decision following the exclusion of the press and public.

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

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

Members are reminded that whilst the following 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.”

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.

Exempt report of Assistant Director of Finance

Resolved

(1)           That the extension of the payment term of the loan given to Silverstone Heritage Limited to March 2034 be agreed.

(2)           As set out in the exempt decisions.

The Assistant Director of Finance submitted a exempt report to update Executive on the status of the loan to Silverstone Heritage Limited and agree a rephased payment plan.

Resolved

(1)          That the extension of the payment term of the loan given to Silverstone Heritage Limited to March 2034 be agreed.

(2)          As set out in the exempt Minutes.

Reasons

It is considered that the most likely way for the council to safeguard its resources is to agree to a revised payment profile of the loan with Silverstone Heritage Limited (SHL) and as set out in the exempt Minutes.

Alternative options  

Option 1: Make no changes to the loan agreement.  This has been discounted on the basis that an alternative funder cannot be identified. Further information as set out in the exempt Minutes.

Option 2: As set out in the exempt Minutes.