Agenda and decisions

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

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

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 agenda item and 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 24 February 2023.

The deadline to present a petition to this meeting has passed.

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

To confirm as a correct record the Minutes of Council held on 19 December 2023.

a)         Minutes of Executive, Portfolio Holder 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 Portfolio Holder Decisions as set out in the Minute Book (circulated separately) be received and to report that since the last meeting of Council held on 19 December 2022 no key and/or exempt 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)       Written Questions

          Two written questions have 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 Chairman 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 Chairman to invite questions to Chairmen of Committees on any matter arising from the minutes of their committee (if any).

Report of Assistant Director Law and Governance and Monitoring Officer

Purpose of report

To determine the levels of the allowances to be paid to Members for the forthcoming 2023/2024 financial year and proposed changes to the Members Allowance Scheme following the consideration of the report of the Council’s Independent Remuneration Panel (the “Panel”) attached at Appendix 1.

Recommendations

The meeting is recommended to:

1.1         Consider the levels of allowances to be included in the 2023/2024 Members’ Allowances Scheme, and whether the Panel’s recommendations (as set out at paragraph 3.1 of this report and Appendix 1) should be adopted or modified in any way.

1.2         Authorise the Assistant Director Law and Governance to prepare an amended Members’ Allowances Scheme, in accordance with the decisions of Council for implementation with effect from 1 April 2023.

1.3         Authorise the Assistant Director of Law and Governance to take all necessary action to revoke the current (2022/2023) Scheme and to publicise the revised Scheme pursuant to The Local Authorities (Member’s Allowances)(England) Regulations 2003 (as amended).

1.4         Thank the Independent Remuneration Panel for its report and set a fee of £300 for each Panel Member for the work carried out on this review and propose the same level of fee for any reviews carried out in 2023/2024 capped at a maximum of £1200 per person, which can be funded from existing budgets.

Resolved

(1)          That, having given due consideration, the Independent Remuneration Panel’s recommendations be adopted and the following levels of allowances to be included in the 2023/2024 Members’ Allowance Scheme be agreed:

·         The Basic Allowance be increased by 2.75%, in line with the agreed staff cost of living pay award,  for 2023/2024, rounded up to give 12 equal payments, £4836.

·         A Special Responsibility Allowance (SRA) for the Chairman of the Council be introduced at the same rate as the Basic Allowance at £4704, backdated to  18 May 2022 (the date the current Council Chairman took up office) and that this replace the current £2000 civic allowance. 

·         The Special Responsibility Allowance (SRA) for the Chairman of the Council be increased by 2.75%, in line with the agreed staff cost of living pay award, for 2023/2024, rounded up, to give 12 equal payments, £4836.

·         The respective Leader and Deputy Leader Special Responsibility Allowances be combined with the Special Responsibility Allowance to Executive Members holding a portfolio, to become a single Special Responsibility Allowance for each role. There is no change to the SRAs paid, rather the change ensures greater transparency.

·         The Special Responsibility Allowances for the Leader, Deputy Leader, Executive Members holding a Portfolio, Leader of the Opposition, Chairman of Accounts, Audit and Risk Committee, Chairman of Budget Planning Committee, Chairman of Overview and Scrutiny Committee and Chairman of Planning Committee be increased by 2.75%, in line with the agreed staff cost of living pay award,  for 2023/2024, rounded up to give 12 equal payments.

o   Leader of the Council: £15,408

o   Deputy Leader of the Council: £9936

o   Executive Members holding a Portfolio: £7188

o   Leader of the Opposition: £3324

o   Chairman of the Accounts, Audit & Risk Committee: £3996

o   Chairman of Budget Planning Committee: £3996

o   Chairman of Overview and Scrutiny Committee: £3996

o   Chairman of Planning Committee: £4788

·         The current arrangement for ad-hoc Special Responsibility Allowance payments to the Chairmen of the  Licensing Committee, Personnel Committee and Standards Committee end and fixed Special Responsibility Allowances be paid  to reflect that these committees now have scheduled meetings (2 each for Licensing Committee and Standards Committee and 4 for Personnel Committee). As the fixed SRA was based on 2022/2023 allowance levels, the SRAs be increased by 2.75%, in line with the agreed staff cost of living pay award, for 2023/2024, rounded up, to give 12 equal payments:

o   Chairman of Licensing Committee: £852

o   Chairman of Personnel Committee: £1428

o   Chairman of Standards Committee: £852

·         there be no change to arrangements for Special Responsibility Allowance arrangements for the Appeals Panel Chairman as the Appeals Panel will continue to meet on an ad-hoc basis. The Allowance be increased by 2.75%, in line with the agreed staff cost of living pay award, for 2023/2024, rounded up, to give 12 equal payments: £288 Special Responsibility Allowance plus £288 per meeting to a capped limit of £1728 per annum

·         Introduction of  a cap on the number of Special Responsibility Allowances paid to an individual councillor  ...  view the full decision text for item 9.

Report of Assistant Director of Finance (S151)

Purpose of report

This report is the culmination of the Budget and Business Planning process for 2023/24 to 2027/28 and sets out the Executive’s proposed Business Plan and related revenue budget for 2023/24, medium term financial strategy to 2027/28, capital programme to 2027/28 and all supporting policies, strategies, and information to recommend to full Council.

The Council adopts a forward looking and anticipatory approach to its financial management, which was acknowledged by the recent Peer Review in November 2022.  The Council plans for, and continues to succeed in, encouraging and facilitating economic growth across the district.  This success flows through to the Council’s finances, reflected in the level of income received from business rates and the New Homes Bonus grant. 

The Council has proactively monitored both the economic situation and Government announcements over the past 12 months and devised and implemented a budget and business planning strategy that has delivered within the constraints identified, consulting on a proposed balanced budget in November 2022.  The Council was able to identify the risk of interest rate rises at an early stage, locking in low interest rates for all of its planned borrowing requirements, meaning only new borrowing requirements will need to be taken at higher rates.

The proposed net budget for the Council is £28.2m, which is an increase of £4.6m from 2022/23.  A Band D Council Tax of £148.50 is proposed for the year which is an increase of £5 compared to 2022/23. The Capital Programme for the period 2023/24 – 2027/28 is proposed to be £35.9m.  The Council plans to fund £2.0m of budget pressures and will deliver £1.0m of savings proposals as part of the 2023/24 budget.

Recommendations           

The Council is recommended to:

1.1          Have regard to the statutory report of the Chief Finance Officer (Section 25 report) at Appendix 3 in approving recommendations 1.3 – 1.10.

1.2          Approve the proposed Fees and Charges schedule for 2023/24 (Appendix 7) and statutory notices be placed where required.

1.3          Consider and note the Equality Impact Assessment of the Budget (Appendix 8)

1.4          Approve a pension fund prepayment for the years 2023/24 – 2025/26 of £5.7m.

1.5          In relation to the Business Plan (Section 3.1) to approve:

1.5.1         The Business Plan and Annual Delivery Plan set out in Appendices 1 and 2 respectively.

1.6          In relation to the Revenue Budget (Section 3.3) and Medium-Term Financial Strategy (MTFS) (Section 3.6) to approve:

1.6.1               The net revenue budget for the financial year commencing on 1 April 2023, as set out in Table 3.3.1, and further analysed in the Budget Book provided at Appendix 12

1.6.2               The MTFS and Revenue Budget 2023/24 (Sections 3.6 and 3.3 respectively), including the Savings Proposals, and Pressures included at Appendices 4 and 5 respectively.

1.7          In relation to Council Tax to approve:

1.7.1               An increase in the Basic Amount of Council Tax for Cherwell District Council for the financial year beginning on 1 April 2023 of £5, resulting in a Band D  ...  view the full agenda text for item 10.

Resolved

(1)          That, having due regard, the statutory report of the Chief Finance Officer (Section 25 report) be noted.

(2)          That the proposed Fees and Charges schedule for 2023/24 (annex to the Minutes as set out in the Minute Book) be approved and it be noted that statutory notices would be placed where required.

(3)          That, having given due consideration, the Equality Impact Assessment of the Budget be noted.

(4)          That a pension fund prepayment for the years 2023/24 – 2025/26 of £5.7m be approved.

(5)          That the Business Plan and Annual Delivery Plan (annexes to the Minutes as set out in the Minute Book) be approved.

(6)          That the net revenue budget for the financial year commencing on 1 April 2023, as set out in annexes to the Minutes (as set out in the Minute Book) be approved.

(7)          That the Medium Term Financial  Strategy and Revenue Budget 2023/24, including the Savings Proposals, and Pressures, as set out in annexes to the Minutes (as set out in the Minute Book) be approved.

(8)          That an increase in the Basic Amount of Council Tax for Cherwell District Council for the financial year beginning on 1 April 2023 of £5, resulting in a Band D charge of £148.50 per annum be agreed.

(9)          That, for long term empty properties, an additional Council Tax premium  charge of 100 percent for properties empty for two years or more, 200 percent for properties empty 5 years or more and 300 percent for properties empty 10 years or more be approved.

(10)       That the removal of the 25 percent discount currently available for 12 months to properties that are uninhabitable or undergoing structural repairs be approved.

(11)       That the Capital Bids 2023/24 and Capital Programme 2023/24 – 2027/28 (annexes to the Minutes as set out in the Minute Book) be approved.

(12)       That the Capital and Investment Strategy 2023/24 and revised 2022/23,  including the Minimum Revenue Provision (MRP) Policy (annexes to the Minutes as set out in the Minute Book) be approved.

(13)       That the Treasury Management Strategy 2023/24, including the Prudential Indicators, and Affordable Borrowing Limit for 2023/24  (annex to the Minutes as set out in the Minute Book) be approved.

(14)       That a minimum level of General Balances of £6m as supported in the annex to the Minutes (as set out in the Minute Book) be approved.

(15)       That the Reserves Policy (annex to the Minutes as set out in the Minute Book) be approved.

(16)       That the medium-term reserves plan (annex to the Minutes as set out in the Minute Book) be approved.

(17)       That the Pay Policy Statement, as required by the Localism Act 2010,  (annex to the Minutes as set out in the Minute Book) be approved.

The Council to adjourn, if necessary, to allow the Executive to meet to consider any proposals which do not accord with the Executive’s recommendations.

Report of Assistant Director of Finance

Purpose of report

To detail the calculations for the amounts of Council Tax for 2023/24 and the setting of Council Tax for 2023/24.

Recommendations

It is recommended that the Council resolves: -

1.1          That the Council Tax Base 2023/24 was determined at the Executive meeting held on 9 January 2023:

a)             for the whole Council area as 58,184.30 [item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended (“the 1992 Act”)]; and

b)             For dwellings in those parts of its area to which a Parish Precept relates as in the attached Appendix 1.

1.2          That the Council Tax requirement for the Council’s own purposes for 2023/24 (excluding Parish Precepts and Special Expenses) is £8,640,369.

1.3          That the following amounts be calculated for the year 2023/24 in accordance with Sections 31 to 36 of the 1992 Act:

a)             £131,520,045 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (2) of the 1992 Act, taking into account all precepts issued to it by Parish Councils and any additional special expenses.

b)             £116,837,989 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (3) of the 1992 Act.

c)             £14,682,056 being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated by the Council, in accordance with Section 31A (4) of the 1992 Act, as its Council Tax requirement for the year (Item R in the formula in Section 31B of the 1992 Act).

d)             £252.34 being the amount at 3(c) above (Item R), all divided by Item T (6(a) above), calculated by the Council, in accordance with Section 31B of the 1992 Act, as the basic amount of its Council Tax for the year (including Parish Precepts and Special Expenses).

e)             £6,041,687 being the aggregate amount of all special items (Parish Precepts and Special Expenses) referred to in Section 34(1) of the 1992 Act as per the attached Appendix 2.

f)               £148.50 being the amount at 3(d) above less the result given by dividing the amount at 3(e) above by Item T(1(a) above), calculated by the Council, in accordance with Section 34(2) of the 1992 Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no Parish Precept or special item relates.

1.4      It be noted that for the year 2023/24 the Oxfordshire County Council and the Police and Crime Commissioner for Thames Valley have issued precepts to the Council, in accordance with Section 40 of the 1992 Act, for each category of dwellings in the Council’s area as indicated below: -

1.5      The Council, in  ...  view the full agenda text for item 12.

Resolved

(1)          That it be noted that the Council Tax Base 2023/24 was determined at the Executive meeting held on 9 January 2023:

a)            for the whole Council area as 58,184.30 [item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended (“the 1992 Act”)]; and

b)            For dwellings in those parts of its area to which a Parish Precept relates as in the attached annex to the Minutes (as set out in the Minute Book).

(2)          That it be agreed that the Council Tax requirement for the Council’s own purposes for 2023/24 (excluding Parish Precepts and Special Expenses) be £8,640,369.

(3)          That the following amounts be calculated for the year 2023/24 in accordance with Sections 31 to 36 of the 1992 Act:

a)            £131,520,045 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (2) of the 1992 Act, taking into account all precepts issued to it by Parish Councils and any additional special expenses.

b)            £116,837,989 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (3) of the 1992 Act.

c)            £14,682,056 being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated by the Council, in accordance with Section 31A (4) of the 1992 Act, as its Council Tax requirement for the year (Item R in the formula in Section 31B of the 1992 Act).

d)            £252.34 being the amount at 3(c) above (Item R), all divided by Item T (6(a) above), calculated by the Council, in accordance with Section 31B of the 1992 Act, as the basic amount of its Council Tax for the year (including Parish Precepts and Special Expenses).

e)            £6,041,687 being the aggregate amount of all special items (Parish Precepts and Special Expenses) referred to in Section 34(1) of the 1992 Act as per the attached annex to the Minutes (as set out in the Minute Book).

f)             £148.50 being the amount at 3(d) above less the result given by dividing the amount at 3(e) above by Item T(1(a) above), calculated by the Council, in accordance with Section 34(2) of the 1992 Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no Parish Precept or special item relates.

(4)          That it be noted that for the year 2023/24, Oxfordshire County Council and the Police and Crime Commissioner for Thames Valley have issued precepts to the Council, in accordance with Section 40 of the 1992 Act, for each category of dwellings in the Council’s area as indicated below:

(5)          That the Council, in accordance with Sections 30 and 36 of the 1992 Act, hereby  ...  view the full decision text for item 12.

Report of Chief Executive

Purpose of report

To present the findings of and resulting activity in line with the council’s Corporate Peer Challenge, which was carried out by the Local Government Association (LGA) in November 2022. The CPC has provided a very positive picture of the Council and has recognised the considerable achievement of responding to the covid pandemic and decoupling its partnership from OCC, during which service delivery for its residents was always at the centre of its decision making. The recommendations are all in line with current activity and provide a powerful base from which the organisation can move forward as a standalone and ambitious District Council – one that takes pride in putting our residents and communities at the heart. 

Recommendations

The meeting is recommended:

1.1      To endorse the Local Government Association Corporate Peer Challenge report (Appendix 1).

1.2      To approve the Corporate Peer Challenge Action Plan (Appendix 2).

1.3      Note the progress that has already been made towards the Peer Review recommendations, which are set out in the proposed Action Plan.

Resolved

(1)          That the Local Government Association Corporate Peer Challenge report (annex to the Minutes as set out in the Minute Book) be endorsed.

(2)          That the Corporate Peer Challenge Action Plan (annex to the Minutes as set out in the Minute Book) be approved.

(3)          That the progress that has already been made towards the Peer Review recommendations, which are set out in the proposed Action Plan, be noted.

** Please note the appendices to this report will follow **

Report of Monitoring Officer

Purpose of report

The Constitution is the document by which, in accordance with the law, the Council exercises all its powers and duties. It is essential that it is reviewed to ensure it remains fit for purpose.

Following the decoupling from Oxfordshire County Council and implementation of the new senior management structure the Scheme of Delegation and Contract Rules of Procedure were identified as a priority for review and amendment and the action to do so was included in the Council’s Annual Delivery Plan. There are also changes proposed for some of the committees identified in this report.

Recommendations

The meeting is recommended:

1.1          To approve the amendments to the Constitution referred to in this report and its appendices.

1.2          To delegate authority to the Monitoring Officer to make the amendments to the Constitution, including a delegation to make textual amendments to address any inconsistencies or correct any cross-referencing errors arising from or as a consequence of the amendments (insofar as the Monitoring Officer does not already have such a delegation).

Resolved

(1)          That the amendments to the Constitution in relation to the Officer Scheme of Delegation, Contract Procedure Rules, Personnel Committee terms of reference, Appeals Panel terms of reference, Shareholder Committee terms of reference and Accounts, Audit and Risk Committee terms of reference be agreed.

(2)          That authority be delegated to the Monitoring Officer to make the amendments to the Constitution, including a delegation to make textual amendments to address any inconsistencies or correct any cross-referencing errors arising from or as a consequence of the amendments (insofar as the Monitoring Officer does not already have such a delegation).

Report of Assistant Director of Regulatory Services & Community Safety

Purpose of report

In December 2022 a public consultation commenced on proposed changes to the Council’s Taxi and Private Hire Licensing Policy (‘the policy’). This public consultation closed on 31 January 2023.

Changes to the policy require approval by Council. This report provides a summary of the background to the proposed changes to the policy, the consultation process followed, a summary of consultation responses to date and the proposed revisions to the policy resulting from those responses.

The Council has a statutory duty to ensure the proper administration of taxi licensing legislation in the district. Taxi services are an important part of the local economy and therefore fulfilling this statutory duty contributes to the Council’s priority to ensure the district has an enterprising economy with strong and vibrant local centres. The primary purpose of the licensing regime is to promote public safety and therefore the Council’s work to licence taxi drivers, vehicles and operators also supports the commitment to work with partners to reduce crime and antisocial behaviour. Further, the proposed revisions to the licensing policy include measures to reduce the carbon emissions of the taxi fleet in support of the council’s commitment to protect the environment and to help achieve net zero targets.

Recommendations

The meeting is recommended:

1.1          To note the work done to prepare a revised and updated Taxi and Private Hire Licensing Policy and the outcomes of the public consultation on that revised policy.

1.2          To agree that the Council adopts the revised Taxi and Private Hire Licensing Policy and supporting appendices provided with this paper.

Resolved

(1)          That the work undertaken to prepare a revised and updated Taxi and Private Hire Licensing Policy and the outcomes of the public consultation on that revised policy be noted.

(2)          That the revised Taxi and Private Hire Licensing Policy and supporting appendices (annex to the Minutes as set out in the Minute Book) be approved.

Report of Monitoring Officer

Purpose of report

To appoint Independent Persons to the Accounts, Audit and Risk Committee.

Recommendations

The meeting is recommended:

1.1       to amend the membership of the Accounts, Audit and Risk Committee to include two Independent Persons (non-voting).

1.2       to endorse the appointment of Sarah Thompson as an Independent Person, to be appointed for a four year term expiring on the date of the February Council meeting in 2027 and to delegate authority to the Monitoring Officer to make the appoint subject to the receipt of satisfactory references (if not received before the Council meeting).

1.3       to endorse the appointment of Harry Lawson  as an Independent Person, to be appointed for a four year term expiring on the date of the February Council meeting in 2027 and to delegate authority to the Monitoring Officer to make the appoint subject to the receipt of satisfactory references (if not received before the Council meeting).

1.4       to note that the appointment of Independent Persons may be renewable in 2027 for  a further term of four years subject to the Independent Persons wishing to continue in the role and Council agreeing the renewal of the appointment.

Resolved

(1)          That the membership of the Accounts, Audit and Risk Committee be amended to include two Independent Persons (non-voting).

(2)          That the appointment of Sarah Thompson as an Independent Person for a four year term expiring on the date of the February Council meeting in 2027 be endorsed and authority delegated to the Monitoring Officer to make the appointment.

(3)          That the appointment of Harry Lawson as an Independent Person for a four year term expiring on the date of the February Council meeting in 2027 be endorsed and authority delegated to the Monitoring Officer to make the appointment.

(4)          That it be noted that the appointment of Independent Persons may be renewable in 2027 for  a further term of four years subject to the Independent Persons wishing to continue in the role and Council agreeing the renewal of the appointment.

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 23 February. 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 24 February. Amendments for motions will be dealt with in the order submitted. 

Resolved

(1)          That the following motion be adopted:

“This Council notes with concern Oxfordshire County Council’s decision to withdraw school bus services under its Spare Seats scheme without parental or wider public consultation.

Oxfordshire’s Spare Seats programme has offered children a safe and affordable bus service to school for over 35 years, the scheme having largely been cost-neutral throughout its operation. Under the scheme, families are offered spare seats for their children on school buses taking children eligible for free home-to-school transport at reasonable cost.

Following a decision by Oxfordshire County Council, nearly 10 routes in predominantly rural areas are set to be cancelled from September 2023, with more set to follow as contracts are retendered. This decision will affect the 1-WA17 route serving the Warriner School and the 2-ML05 route to the Marlborough CoE School. Over the medium term, as many as 1,384 students could be affected.

Oxfordshire County Council has defended its decision on the basis that it has no legal obligation to operate the scheme, adding that its continuation:

“would incur a financial cost and reinforces children travelling to schools further away than their nearest school”. 

This Council strongly disagrees with this reinterpretation of what has been established policy and practice. For clarity, it does so on financial grounds as well as for reasons of personal choice, child safety and environmental protection.

This Council asks the Leader of the Council to write to the Leader and Deputy Leader of Oxfordshire County Council to urge them to reverse their decision as a matter of urgency.”

(2)          That the following motion be adopted:

“Providing truly affordable housing is one of the highest priorities for this council. However, our policies currently mandate that only 30-35% of new housing should be designated affordable.

In contrast we have recently accepted Oxford City council’s affordability ratio of 50% for new housing built in Cherwell to meet their needs. It would seem equitable that we should give the same consideration to Cherwell families and residents who are also in desperate need of affordable housing in the district.

As the Cherwell 2040 Local Plan has now been further delayed and will be subject to revision, we have a timely opportunity to correct this imbalance and include an increase in our own affordability requirement for future housing developments within Cherwell. This will show our commitment to our own residents is as great as it is to those from the city.

This Council requests that the Executive consider including an affordable element of at least 50% within future housing developments and that this be included as a requirement in the emerging Local Plan 2040 along with a clear definition of what affordable housing encompasses.

We also request that the Leader writes to the Secretary of State for Levelling Up, Housing and Communities to request that his department urgently commissions a review of both affordability criteria and guarantees of profit margins which allow developers to adjust affordability ratios based on Gross Development Values and Viability Assessments.”

(3)  ...  view the full decision text for item 17.