Agenda, decisions and minutes

There were no declarations of interest.

The Chairman welcomed Members and officers to the meeting.

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

Councillor Cotter

Councillor Cotter’s apologies had been reported to the meeting. Due to illness, with the support of his Group Leader Councillor Tyson, Councillor Cotter had asked that Council agree a dispensation from attending meetings until the May elections.

Council agreed the dispensation request. On behalf of Council, the Chairman extended best wishes to Councillor Cotter.

Committee Membership Change

The Leader of the Conservative Group, Councillor Wood, advised Council of a Conservative Group committee membership changes. Councillors Dallimore and Williams had switched as named and full Committee member on Planning Committee.  

Chairman’s Engagements

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

Chairman’s Afternoon Tea

The Chairman reported that his Charity Afternoon Tea was held on Sunday 18 February and thanked everyone who had attended and donated. It was a very successful event with funds raised going to Alexandra House of Joy, the charity he was supporting during his term as Chairman.

Meeting Length

The Chairman referred to the email that had been sent all Councillors from the Monitoring Officer. It was the responsibility of all Councillors to ensure that the district council sets a lawful budget by 11 March. This was therefore the most important item on our agenda this evening and I will be ensuring that we allow enough time to debate the budget.

Due to the length of the agenda, out of courtesy to other Members, the Chairman asked Members to remain in their seat during items and advised, if needed, he  would adjourn the meeting to allow for a comfort break at a suitable point. 

Members’ Pigeon Holes

Members were reminded to check their pigeon hole and take any post.

Resolved

(1)          That a dispensation to the date of the local elections, 4 May 2023, be granted to Councillor Cotter.

(2)          That the Conservative Group amendments to the Planning Committee membership be noted:

·         Councillor Dallimore: from named substitute to full Committee member

·         Councillor Williams: from full Committee member to named substitute

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.

There were no petitions or requests to address the meeting.

There were no items of urgent business.

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

The minutes of the meeting held on 19 December 2022 were agreed as a correct record and signed by the Chairman.

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)            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 Lead Member decisions as set out in the Minute Book be received and that it be noted that since the last meeting of Council on 18 December 2022, no 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

          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).

a) Written Questions

The Chairman advised Council that two 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. Responses to the questions had been published as a supplement to the agenda (and were an annex to the Minutes as set out in the Minute Book).

The first question was from Councillor Broad in relation to the Pan Regional Partnership (PRP).

By way of a supplementary question, Councillor Broad queried the inclusion of the OxCam ARC in the budget papers when the PRP was changing. The Leader explained that the PRP was a bottom up entity and there was no longer a centralised strategic plan rather an ongoing willingness to work together. The new organisation was currently in shadow form and when it stood up in the summer, the Overview and Scrutiny Committee may wish to consider inviting the independent PRP Chair to attend one of their meetings.

The second question was from Councillor Middleton in relation to the 5 year housing land supply.

By way of a supplementary question and referring to the Leader’s published response, Councillor Middleton queried if the new formula would be applied to the Cherwell Local Plan 2040. The Leader highlighted that there was a difference between information for monitoring reports and local plan making and offered to arrange an officer response if Councillor Middleton wished to have any further clarification.  

b) Questions to the Leader of the Council

Questions were asked and answers received on the following issues:

Councillor Cherry: Fly tipping at Harlech Close, Banbury

Councillor Cherry: Woodgreen Avenue car park lights

Councillor Watkins: Cars and bicycles using pedestrianised areas in Banbury Town Centre

Councillor Woodcock: One year anniversary of the invasion of Ukraine and ongoing support by CDC

Councillor Pruden: Working with residents to build communities at Graven Hill

Councillor Mawer: Housing for Ukrainian refuges

Councillor Reynolds: Agenda length

Councillor Reynolds: Work from Home policy for Cherwell employees

Councillor Patrick: Lobbying central Government to support hybrid committee and parish meetings

c) Questions to Committee Chairmen on the Minutes

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

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 69.

The Assistant Director Law and Governance and Monitoring Officer submitted a 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.

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:

·         That 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.

o   Basic Allowance - £4836

·         That, 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 replaces the current £2000 civic allowance and that this SRA 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 the Council - £4836

·         That 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 and it be noted that there is no change to the SRAs paid, rather the change ensures greater transparency.

·         That 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 the Budget Planning Committee - £3996

o   Chairman of the Overview and Scrutiny Committee - £3996

o   Chairman of the Planning Committee - £4788

·         That the current arrangement for ad-hoc Special Responsibility Allowance payments to the Chairmen of the  Licensing Committee, Personnel Committee and Standards Committee end and that 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) and it be agreed that, 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 the Licensing Committee - £852

o   Chairman of the Personnel Committee - £1428

o   Chairman of the Standards Committee - £852

·         That, as  ...  view the full minutes text for item 69.

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 70.

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.

Prior to consideration of the item, the Chairman advised that no amendments to the budget had been notified and the item would therefore be debated as published in the agenda. It was convention for the estimates to be taken as one integrated set of financial figures and it was not appropriate to debate the revenue and capital estimates and the Business Plan separately.

The Chairman reminded Members that the arrangements for debating the budget were set out in the meeting procedure rules. The proposer, when presenting the budget, and Group Leaders (or their nominated representative) when responding to the budget may speak for up to 10 minutes. All other speakers had a three minute time limit. 

The Assistant Director of Finance (S151 Officer) submitted a report which was the culmination of the Budget and Business Planning process for 2023/24 to 2027/28 and set 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.

The Portfolio Holder for Finance, Councillor Nell, paid tribute to the Assistant Director of Finance and the finance team who had worked hard on the budget process and submitted a balanced budget to Council against a difficult financial backdrop. Councillor Nell also thanked the Budget Planning Committee and Accounts, Audit and Risk Committee for their hard work supporting the budget setting and business plan process.

Having presented the report,Councillor Nell proposed the adoption of the 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. Councillor Wood seconded the proposal.

Councillor Hingley, on behalf of the Progressive Oxfordshire Group, addressed Council in response to the budget.

Councillor Woodcock, on behalf of the Labour Group, addressed Council in response to the budget.

Councillor Webster, on of behalf of the Independent Group, addressed Council in response to the budget.

A recorded vote was taken, and Members voted as follows

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.

The Leader of the Council, Councillor Wood, confirmed that he did not require Council to adjourn to allow Executive to meet discuss any issues arising from the budget.

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 72.

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 72.

The Assistant Director of Finance submitted a report to detail the calculations for the amounts of Council Tax for 2023/24 and the setting of Council Tax for 2023/24.

A recorded vote was taken, and Members voted as follows

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  ...  view the full minutes text for item 72.

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.

The Chief Executive submitted a 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 Corporate Peer Challenge had provided a very positive picture of the Council and had recognised the considerable achievement of responding to the covid pandemic and decoupling its partnership from Oxfordshire County Council, during which service delivery for its residents was always at the centre of its decision making. The recommendations were all in line with current activity and provided a powerful base from which the organisation could move forward as a standalone and ambitious District Council – one that took pride in putting our residents and communities at the heart. 

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).

The Monitoring Officer submitted a report which sought agreement to updates to the Constitution. The Constitution was the document by which, in accordance with the law, the Council exercised all its powers and duties. It was essential that it was reviewed to ensure it remained 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 were also committee changes proposed.

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.

The Assistant Director of Regulatory Services & Community Safety submitted a report which sought approval of revisions to the  Council's Taxi and Private Hire Licensing Policy following public consultation.

The Council had a statutory duty to ensure the proper administration of taxi licensing legislation in the district. Taxi services were an important part of the local economy and therefore fulfilling this statutory duty contributed to the Council’s priority to ensure the district had an enterprising economy with strong and vibrant local centres. The primary purpose of the licensing regime was to promote public safety and therefore the Council’s work to licence taxi drivers, vehicles and operators also supported the commitment to work with partners to reduce crime and antisocial behaviour. Further, the proposed revisions to the licensing policy included 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.

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.

The Monitoring Officer submitted a report to appoint Independent Persons to the Accounts, Audit and Risk Committee.

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 77.

The Chairman advised that three motions had been submitted. No amendments to any of the motions had been submitted. In line with the Constitution, no amendments were now permitted.

Motion One: Children’s health, wellbeing and access to educational provision 

It was proposed by Councillor Reeves and seconded by Councillor Nell 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.”

No amendments to the motion having been proposed, the motion was debated as submitted. On being put to the vote the motion was carried with twenty-three votes for, nine against and ten abstentions.

Motion Two: Housing Affordability Mix

It was proposed by Councillor Middleton and seconded by Councillor Banfield 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  ...  view the full minutes text for item 77.

Prior to closing the meeting and having regard to the meeting being the last Full Council meeting prior to the 4 May local elections, the Chairman thanked all Councillors who may not be standing and extended best wishes to all Councillors seeking re-election.