Agenda, decisions and minutes

The Chairman welcomed Members, officers and guests to the meeting.

The Chairman advised that Councillor Tyson was joining the meeting virtually and could speak on items but had no voting rights or rights to propose or second items.

There were no declarations of interest.

To receive communications from the Chairman and/or the Leader of the Council.

Former Councillors John Hunter, John Giddings MBE and Carole Mason

Since the last meeting of Council, former Councillors John Hunter, John Giddings MBE and Carole Mason had sadly passed away.

Former Councillor John Hunter passed away on 5 November 2022. He represented the Fringford ward from 1986 to 2002. Former Councillor Hunter was Leader of the Liberal Democrat Group and served on numerous committees, notably Group spokesperson on Policy and Resources.

Former Councillor John Giddings MBE passed away in November 2022, aged 99 years. Former Councillor Giddings represented the Banbury Easington ward from 1992 to 1996. Former Councillor Giddings MBE was a Conservative member appointed to numerous committees, including Northern Area Planning Sub-Committee Banbury Sports Ground Management Company and was Vice-Chair/Deputy Group Spokesperson on the Finance Sub Committee. Mr Giddings MBE was also a Banbury Charter Trustee, serving as Mayor from 1994-95 and was Chairman of the Burma Star Association.

Former Councillor Carole Mason passed away on 21 October 2022. Former Councillor Mason represented to Bicester East ward between 1995 and 1999. A Labour Group member, for Councillor Mason served on numerous committees, notably chairing Resources and being Vice-Chair of Personnel Sub.  Former Councillor Mason was also a member of Bicester Town Council.

On behalf of Council, the Chairman extended condolences to the family and friends of former Councillors Giddings MBE, Hunter and Mason.

Council observed a minutes silence in honour of former Councillors Giddings MBE, Hunter and Mason.

Chief Constable of Thames Valley Police and Police & Crime Commissioner at Overview and Scrutiny

The Chief Constable and Police and Crime Commissioner for Thames Valley would be attending Overview & Scrutiny Committee on Tuesday 24 January, to give their annual presentation. This had previously been an item at full Council but had moved to Overview & Scrutiny as the committee with responsibility for the crime and disorder panel functions of the council.

All non-Committee Members were welcome to attend the meeting. Members were asked to advise the Democratic and Elections Team if they planned to attend or wished to submit a question for either the Chief Constable or the Police and Crime Commissioner.

Chairman’s Engagements

A copy of the events attended by the Chairman or the Vice-Chairman was published with the agenda.

Chairman’s Charity Dinner

The Chairman’s Charity Dinner was held on Saturday 19 November. The Chairman paid tribute to his PA, Liz Matthews, for her hard work arranging the event and Alex Robinson for her excellent efforts in raising £1400 from selling raffle tickets. The Chairman expressed gratitude to everyone who attended the event and for all donations. It was a very successful event with £4400 raised going to  Alexandra House of Joy, the charity the being supported during the term as Chairman.

Meeting Length

Due to the length of the agenda, out of courtesy to other Members, the Chairman asked Members to remain in your seat during items and advised, if needed, he  would adjourn the meeting to allow for a comfort break at a suitable point. The Chairman also reminded  ...  view the full minutes text for item 52.

The Chair to report on any requests to submit petitions or to address the meeting. The deadline for petitions has passed.

Addresses may be presented by:

·         A Local Government elector for the area,

·         A person who is wholly or mainly resident in the area,

·         A Council Taxpayer or National Non-Domestic Ratepayer for the area

Addresses must be on an item on the Agenda before the meeting and not exceed 5 minutes. No person may address more than one meeting on any particular issue.

Requests to address the meeting (including the reason for the address) should be submitted to democracy@cherwell-dc.gov.uk The deadline for requests to address this meeting is noon on Friday 16 December 2022.  

Full details of public participation at meetings is available in the Constitution.

There were no petitions or requests to address the meeting.

To confirm as a correct record the Minutes of Council held on 17 October 2022.

The minutes of the meeting held on 17 October 2022 were agreed as a correct record and signed by the Chairman, subject to the following amendment:

Minute 39 – Questions

Under a) Written Questions, add “Minister” to the end of the third paragraph.  

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

The Leader of the Council to formally propose that the minutes of the meetings of the Executive and Lead Member Decisions as set out in the Minute Book (circulated separately) be received and to report that since the last meeting of Council held on 17 October 2022 no key decisions have been taken by the Executive which were not included in the 28 day notice.

b)         Minutes of Committees

The Leader of the Council to formally propose that the minutes of committees as set out in the Minute Book (circulated separately) be received.

a)            Minutes of the Executive, Portfolio Holder Decisions and Executive Decisions made under Special Urgency

Resolved

That the minutes of the meeting of the Executive and Portfolio Holder decisions as set out in the Minute Book be received and that it be noted that since the last meeting of Council on 17 October 2022 no key decisions had been taken by the Executive which were not included in the 28 day notice.

b)           Minutes of Committees

Resolved

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

a)         Written Questions

            One written question has been submitted with advance notice in accordance with the Constitution. These are attached to the agenda. 

A written response to the questions will be published on the working day before the meeting.

The Member who submitted the written question may ask a supplementary question provided it is relevant to the reply and does not introduce any new matter. The Member to whom the question was addressed may reply to such supplementary question or undertake to reply in writing.

b)         Questions to the Leader of the Council

The Chair to invite questions to the Leader of the Council (including any matters arising from the minutes).

Following a response to their question being provided Members will be entitled to a follow up or supplementary question.

c)         Questions to Committee Chairmen on the Minutes

The Chair to invite questions to Chairmen of Committees on any matter arising from the minutes of their committee (if any).

a) Written Questions

The Chairman advised Council that one written question, addressed to the Leader of the Council, Councillor Wood, had been submitted with advance notice in accordance with the Constitution and had been published with the agenda. A response to the question had been published as a supplement to the agenda (and are an annex to the Minutes as set out in the Minute Book).

The question was from Councillor Sibley and was in relation to the North West Bicester ECO Development.

Councillor Sibley thanked the Leader for the response. By way of a supplementary question, Councillor Sibley commented that funding was being considered by both Cherwell District Council and Oxfordshire County Council officers and asked if Homes England were involved in the discussions for realignment.

The Leader responded to the supplementary question advising that Homes England were being kept informed about the discussions and there may be formal involvement in due course.

b) Questions to the Leader of the Council

Questions were asked and answers received on the following issues:

Councillor Cherry: Fly tipping

Councillor Patrick: Botley West Solar Farm proposal (the Leader undertook to request officers to provide a draft email for Members to response to residents’ queries) 

Councillor Middleton: Government support to local authorities for hosting Ukrainian refugees   

Councillor Middleton: Affordable housing in Kidlington (the Leader undertook to respond in writing)

Councillor Middleton: Consideration of the draft Local Plan by the Overview and Scrutiny Committee on 11 January 2023

Councillor Woodcock: Introduction of Voter ID arising from the Elections Act 2022

Councillor Watkins: Sunshine Centre, Banbury

Councillor Pruden: Pioneer Square, Bicester (the Portfolio Holder for Property undertook to respond in writing)

Councillor Broad: Methodology of calculating housing need by Oxfordshire district councils and the city council

Councillor Broad: Allocation of land for solar farms in the Cherwell Local Plan

c) Questions to Committee Chairmen on the Minutes

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

Report of Assistant Director of Finance

Purpose of report

To enable Council  to approve the banded scheme for Council Tax Reduction for the financial year 2023/24.

To note potential changes to Council Tax discounts and reliefs which are currently subject to consultation as part of the Council’s budget consultation

Recommendations

The meeting is recommended:

1.1       To note the contents of this report and the financial implications for the Council.

1.2       To approve

·         The option of no change to the Council Tax Reduction Income Banded Scheme for Working Age Customers for 2023 -24

·         To amend Working Age Regulations in line with annual uprating; and to amend the Council Tax Regulations for pensioners in line with uprating announced by Department for Levelling Up, Housing and Communities.

1.3       To approve that the following levels of Council Tax discounts and premiums remain the same as previous years:

·         Retain the discount for second homes at zero

·         Retain the discount for empty homes (unoccupied and substantially unfurnished) at 25% for 6 months and thereafter zero.

·         Retain the empty homes premium of an additional 100% for properties that have remained empty for more than 2 years (total Council Tax payable 200%).

1.4       To note that the following Council Tax discounts and premiums are currently proposed to change as part of the Council’s 2023/24 budget consultation

·         Introduce an empty homes premium of an additional 200% for properties that have remained empty for more than 5 years (total Council Tax payable 300%)

·         Introduce an empty homes premium of an additional 300% for properties that have remained empty for more than 10 years (total Council Tax payable 400%)

·         Removal of the 25% discount for 12 months (zero thereafter) for dwellings which are vacant and undergoing major repair work to render them habitable.

Resolved

(1)          That the contents of the report and the financial implications for the Council be noted.

(2)          That the following be approved:

·         The option of no change to the Council Tax Reduction Income Banded Scheme for Working Age Customers for 2023 -24

·         To amend Working Age Regulations in line with annual uprating; and to amend the Council Tax Regulations for pensioners in line with uprating announced by Department for Levelling Up, Housing and Communities.

(3)          That it be agreed that the levels of Council Tax discounts and premiums for 2023-24 remain the same as previous years and remain as follows:

·         Retain the discount for second homes at zero

·         Retain the discount for empty homes (unoccupied and substantially unfurnished) at 25% for 6 months and thereafter zero.

·         Retain the empty homes premium of an additional 100% for properties that have remained empty for more than 2 years (total Council Tax payable 200%).

(4)          That it be noted that the following Council Tax discounts and premiums are currently proposed to change as part of the Council’s 2023/24 budget consultation:

·         Introduce an empty homes premium of an additional 200% for properties that have remained empty for more than 5 years (total Council Tax payable 300%)

·         Introduce an empty homes premium of an additional 300% for properties that have remained empty for more than 10 years (total Council Tax payable 400%)

·         Removal of the 25% discount for 12 months (zero thereafter) for dwellings which are vacant and undergoing major repair work to render them habitable.

The Assistant Director of Finance submitted a report to enable Council  to approve the banded scheme for Council Tax Reduction for the financial year 2023/24 and to note potential changes to Council Tax discounts and reliefs which were currently subject to consultation as part of the Council’s budget consultation

Resolved

(1)          That the contents of the report and the financial implications for the Council be noted.

(2)          That the following be approved:

·         The option of no change to the Council Tax Reduction Income Banded Scheme for Working Age Customers for 2023 -24

·         To amend Working Age Regulations in line with annual uprating; and to amend the Council Tax Regulations for pensioners in line with uprating announced by Department for Levelling Up, Housing and Communities.

(3)          That it be agreed that the levels of Council Tax discounts and premiums for 2023-24 remain the same as previous years and remain as follows:

·         Retain the discount for second homes at zero

·         Retain the discount for empty homes (unoccupied and substantially unfurnished) at 25% for 6 months and thereafter zero.

·         Retain the empty homes premium of an additional 100% for properties that have remained empty for more than 2 years (total Council Tax payable 200%).

(4)          That it be noted that the following Council Tax discounts and premiums are currently proposed to change as part of the Council’s 2023/24 budget consultation:

·         Introduce an empty homes premium of an additional 200% for properties that have remained empty for more than 5 years (total Council Tax payable 300%)

·         Introduce an empty homes premium of an additional 300% for properties that have remained empty for more than 10 years (total Council Tax payable 400%)

·         Removal of the 25% discount for 12 months (zero thereafter) for dwellings which are vacant and undergoing major repair work to render them habitable.

Report of Chief Executive

Purpose of report

To note the amendments to the constitution of political groups and amendments to the proportionality calculations and committee membership arising from a change to political Group membership.

Recommendations

The meeting is recommended:

 1.1        To note the amended constitution of Political Groups.

1.2         To note the amended allocation of seats on committees that are subject to the political balance requirements as set out in Table 1.

1.3         To note the amendments to committee membership, as advised by the respective Leaders of the Progressive Oxfordshire Group and Labour Group (addendum to report to follow).

1.4         To appoint a representative to the Oxfordshire Joint Health Overview and Scrutiny Committee.

Resolved

(1)          That the amended constitution of Political Groups be noted.

·         Conservative Group – 25 members (all Conservative councillors)

o   Group Leader: Councillor Barry Wood

·         Progressive Oxfordshire Group – 12 members (comprising 7 Liberal Democrat, 2 Green and 3 Independent (Cllrs Broad, Cotter and Banfield) councillors)

o   Group Leader: Councillor Katherine Tyson

·         Labour Group – 9 members (comprising all Labour / Labour & Co-operative councillors)

o   Group Leader: Councillor Sean Woodcock

·         Independent Group – 2 members (comprising 2 Independent councillors, Cllrs Sibley and Webster)

o   Group Leader: Councillor Les Sibley 

(2)          That the amended allocation of seats on committees that are subject to the political balance requirements be noted:

(3)          That the amendments to committee membership, as advised by the respective Leaders of the Progressive Oxfordshire Group and Labour Group be noted:

·         Labour Group

Appeals Panel

Remove – Councillor Hannah Banfield (as no longer Labour Group member)

Add – Councillor Sean Woodcock

Licensing Committee

Remove – Councillor Hannah Banfield (as no longer Labour Group member)

Planning Committee

Remove permanent member – Councillor Amanda Watkins

Remove named substitute – Councillor Dr Chukwudi Okeke

Standards Committee

Remove – Councillor Hannah Banfield (as no longer Labour Group member)

Add – Councillor Sean Woodcock

·         Progressive Oxfordshire

Licensing Committee

Add – Councillor Hannah Banfield (as Progressive Oxfordshire Group member)

Planning Committee

Add permanent member – Councillor David Hingley (previously named substitute)

Add named substitute – Councillor Nick Cotter (to replace Councillor David Hingley)

Add named substitute – Councillor Angus Patrick (new named substitute)

(4)          That Councillor Sandy Dallimore be appointed as Cherwell District Council’s representative to the Oxfordshire Joint Health Overview and Scrutiny Committee.

The Chief Executive submitted a report for Council to note the amendments to the constitution of political groups and amendments to the proportionality calculations and committee membership arising from a change to political Group membership.

Resolved

(1)          That the amended constitution of Political Groups be noted.

·         Conservative Group – 25 members (all Conservative councillors)

o   Group Leader: Councillor Barry Wood

·         Progressive Oxfordshire Group – 12 members (comprising 7 Liberal Democrat, 2 Green and 3 Independent (Cllrs Broad, Cotter and Banfield) councillors)

o   Group Leader: Councillor Katherine Tyson

·         Labour Group – 9 members (comprising all Labour / Labour & Co-operative councillors)

o   Group Leader: Councillor Sean Woodcock

·         Independent Group – 2 members (comprising 2 Independent councillors, Cllrs Sibley and Webster)

o   Group Leader: Councillor Les Sibley 

(2)          That the amended allocation of seats on committees that are subject to the political balance requirements be noted:

(3)          That the amendments to committee membership, as advised by the respective Leaders of the Progressive Oxfordshire Group and Labour Group be noted:

·         Labour Group

Appeals Panel

Remove – Councillor Hannah Banfield (as no longer Labour Group member)

Add – Councillor Sean Woodcock

Licensing Committee

Remove – Councillor Hannah Banfield (as no longer Labour Group member)

Planning Committee

Remove permanent member – Councillor Amanda Watkins

Remove named substitute – Councillor Dr Chukwudi Okeke

Standards Committee

Remove – Councillor Hannah Banfield (as no longer Labour Group member)

Add – Councillor Sean Woodcock

·         Progressive Oxfordshire

Licensing Committee

Add – Councillor Hannah Banfield (as Progressive Oxfordshire Group member)

Planning Committee

Add permanent member – Councillor David Hingley (previously named substitute)

Add named substitute – Councillor Nick Cotter (to replace Councillor David Hingley)

Add named substitute – Councillor Angus Patrick (new named substitute)

(4)          That Councillor Sandy Dallimore be appointed as Cherwell District Council’s representative to the Oxfordshire Joint Health Overview and Scrutiny Committee.

To debate the following motions which have been submitted with advance notice, in accordance with the Constitution (to be debated in the order submitted).

Please note that the deadline to submit motions has passed. The deadline for Members to submit amendments to motions is noon on Thursday 15 December 2022. No amendments will be permitted after this deadline.

Any amendments submitted will be published as a supplement to the agenda on the afternoon of Friday 16 December 2022. Amendments for motions will be dealt with in the order submitted. 

Resolved

(1)          That the following motion be adopted:

“In 2019 CDC declared a climate a climate emergency committing to ensure our operations and activities are net zero by 2030 and to do our part to achieve a net zero district by 2030 through leading by example. CDC’s Climate Action Framework sets out the detail of how this will be achieved and emissions have reduced by 51% between 2008/09 to 2020/21. 

However, responding to the climate emergency requires more than simply reducing carbon emissions. Currently our lifestyles consume the resources of 3 planets, we must do better to live within our means and the resources of one planet. 

One Planet Oxfordshire is a collaboration of councils, businesses, schools and community groups that have a vision of a world in which people enjoy happy, healthy lives within their fair share of the earth’s resources, whilst leaving space for wildlife and wilderness. It’s about living and growing sustainably to minimise impacts on the environment and maximise benefits to people. 

At August’s Overview and Scrutiny committee the ten One Planet principles that contribute to planning, delivering and committing to a more sustainable future were presented to offer a framework within which the council could operate.

These principles are: 

·         Health and happiness

·         Equity and local economy 

·         Culture and community 

·         Land and nature 

·         Sustainable water 

·         Local and sustainable food 

·         Travel and transport 

·         Materials and product 

·         Zero waste 

·         Zero carbon energy 

This council resolves to support the One Planet Oxfordshire shared vision and commits to review operations and activities using the One Planet Living Framework.” 

(2)          That it be agreed that the following motion, as amended, be referred to Executive:

 “The coroner's inquest into the death of Awaab Ishak in Rochdale should, like the Grenfell Tower Fire, be a watershed moment in the relationship between tenants and landlords.

Yet with 50% of properties in Cherwell not meeting basics energy efficiency standards and an energy bill crisis, tenants risk being left in cold, damp and mouldy properties.

This council recognises its key role in protecting tenants in both the private and social rented sectors

And this council calls on the Executive:

1.    To establish a Tenants Charter setting out minimum standards that the council and that all Council tenants expect.

2.    To ask officers to engage with registered social landlords and private landlords to seek improvements in standards, in line with those this Council will adopt.

3.    To call on the government to bring forward the Private Renters Reform Bill, the promised ban on 'no fault' evictions and to commit to a national campaign of insulating poor homes."

(3)          That it be agreed that the following motion be referred to Licensing Committee:

“This Council notes that: 

·         Shift work is widespread in many industries, particularly hospitality, among others in health, cleaning and security work.  

·         Many workers, especially women, are increasingly worried about their safety travelling to and from work at night  

This Council believes that: 

·         While employers may feel their duty of care to staff ends when an employee  ...  view the full decision text for item 60.

The Chairman advised that five motions had been submitted. Amendments to one of the motions had been submitted. In line with the Constitution, no further amendments were now permitted.

Motion: One Planet Living

It was proposed by Councillor Sames and seconded by Councillor Broad that the following motion be adopted:

“In 2019 CDC declared a climate a climate emergency committing to ensure our operations and activities are net zero by 2030 and to do our part to achieve a net zero district by 2030 through leading by example. CDC’s Climate Action Framework sets out the detail of how this will be achieved and emissions have reduced by 51% between 2008/09 to 2020/21. 

However, responding to the climate emergency requires more than simply reducing carbon emissions. Currently our lifestyles consume the resources of 3 planets, we must do better to live within our means and the resources of one planet. 

One Planet Oxfordshire is a collaboration of councils, businesses, schools and community groups that have a vision of a world in which people enjoy happy, healthy lives within their fair share of the earth’s resources, whilst leaving space for wildlife and wilderness. It’s about living and growing sustainably to minimise impacts on the environment and maximise benefits to people. 

At August’s Overview and Scrutiny committee the ten One Planet principles that contribute to planning, delivering and committing to a more sustainable future were presented to offer a framework within which the council could operate.

These principles are: 

·         Health and happiness

·         Equity and local economy 

·         Culture and community 

·         Land and nature 

·         Sustainable water 

·         Local and sustainable food 

·         Travel and transport 

·         Materials and product 

·         Zero waste 

·         Zero carbon energy 

This council resolves to support the One Planet Oxfordshire shared vision and commits to review operations and activities using the One Planet Living Framework.” 

No amendments to the motion having been proposed, the motion was debated as submitted. On being put to the vote the motion was unanimously agreed.

Motion: Tenants Charter

It was proposed by Councillor Woodcock and seconded by Councillor Okeke that the following motion be adopted:

“The coroner's inquest into the death of Awaab Ishak in Rochdale should, like the Grenfell Tower Fire, be a watershed moment in the relationship between tenants and landlords.

Yet with 50% of properties in Cherwell not meeting basics energy efficiency standards and an energy bill crisis, tenants risk being left in cold, damp and mouldy properties.

This council recognises its key role in protecting tenants in both the private and social rented sectors

And this council calls on the Executive:

1.    To establish a Tenants Charter setting out minimum standards that the council and that all tenants expect.

2.    To run a public awareness campaign of the Charter, encouraging tenants to be aware of their rights and of where local sources of advice and support can be found.

3.    To call on the government to bring forward the Private Renters Reform Bill, the promised ban on 'no fault' evictions and to commit to a national  ...  view the full minutes text for item 60.