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 23 February 2024.

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 18 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 18 December 2023 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

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

A written response to the question 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.

Purpose of report

To determine the levels of the allowances to be paid to Members for the forthcoming 2024/2025 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

Council resolves to:

 1.1         Consider the levels of allowances to be included in the 2024/2025 Members’ Allowances Scheme, and whether the Panel’s recommendations (as set out at paragraph 2.0 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 2024.

1.3      Authorise the Assistant Director of Law and Governance to take all necessary action to revoke the current (2023/2024) 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 2024/2025 capped at a maximum of £1200 per person, which can be funded from existing budgets.

Resolved

(1)          That having given due consideration, the following levels of allowances be included in the 2024/2025 Members’ Allowances Scheme:

·         That the Basic Allowance (currently £4836 pa)be increased in in line with the 2024/2025 staff pay award (percentage) when agreed, rounded up to give 12 equal payments and payment of the increase backdated to 1 April 2024.

·         That all Special Responsibility Allowances be increased in in line with the 2024/2025 staff pay award (percentage) when agreed, rounded up to give 12 equal payments and payment of the increase backdated to 1 April 2024.

·         That A new Special Responsibility Allowance be introduced for Minority Opposition Group Leaders from April 1 2024, based on the following criteria:

o   Group Leader of a minority opposition Group with 2 – 5 Members: 25% of the Main Opposition Group Leader SRA (if required, rounded up to 12 equal payments)

o   Group Leader of a minority opposition Group with 6 or more members: 50% of the Main Opposition Group Leader SRA (if required, rounded up to 12 equal payments)

·         That the co-optees allowance be increased in line with the staff pay award for 2024/2025 (percentage), when agreed, and rounded up to give 12 equal payments and payment of the increase backdated to 1 April 2024.

·         That the Independent Persons allowance be increased in line with the staff pay award for 2024/2025 (percentage), when agreed, and rounded up to give 12 equal payments, and payment of the increase backdated to 1 April 2024.

·         That Dependents’ Carers’ and Childcare Allowances remain at the current level, are paid on the basis of the actual costs incurred up to the maximum hourly rate set out below and to a maximum cap of 40 hours per month, subject to production of receipts and cannot be paid to a member of the claimant’s household:

o   Childcare: £10 per hour

o   Dependent Relative care - £20 per hour

·         That mileage remain at the current level in line with HMRC approved mileage rates, and if any adjustments are implemented by HMRC then the revised rates should be applied to Members’ travel allowances effective from the date of implementation by HMRC.

·         That there be no change to subsistence allowances.

·         That Democratic Services continue to book overnight accommodation if required.

·         That there be no change to the list of approved duties for which claims may be made.

·         That Non-Executive Director allowances be increased in line with the staff pay award for 2024/205, rounded up to give 12 equal payments, and payment of the increase backdated to 1 April 2024 and costs recharged to the relevant company.

(2)          That the Assistant Director Law and Governance be authorised to prepare an amended Members’ Allowances Scheme, in accordance with the decisions of Council for implementation with effect from 1 April 2024.

(3)          That the Assistant Director of Law and Governance be authorised to take all necessary action to revoke the current (2023/2024) Scheme and to publicise the revised Scheme pursuant to The Local Authorities (Member’s Allowances)(England) Regulations  ...  view the full decision text for item 9.

Report of the Assistant Director of Finance (S151)

Purpose of report

To consider and approve the Budget Setting for 2024/25 and MTFS 2028/29 as per the recommendations.

Recommendations

The Council resolves to:

1.1          Have regard to the statutory report of the Chief Finance Officer (Section 25 report) at Appendix 3 in approving recommendations 1.2 – 1.9.

1.2          Approve the proposed Fees and Charges schedule for 2024/25 (Appendix 7) and statutory notices be placed where required.

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

1.4          In relation to the Business Plan (Section 4.1) to approve:

1.4.1           The Business Plan set out in Appendix 1.

1.5          In relation to the Revenue Budget Strategy (Section 4.3) and Medium-Term Financial Strategy (MTFS) (Section 4.6) to approve:

1.5.1                   The net revenue budget for the financial year commencing on 1 April 2024, as set out in Table 4.3.1, and further analysed in the Budget Book provided at Appendix 12.

1.5.2                   The MTFS and Revenue Budget 2024/25 (Sections 4.3 and 4.6 respectively), including the Savings Proposals and Pressures included at Appendices 4 and 5 respectively.

1.6          In relation to Council Tax to approve:

1.6.1                   An increase in the Basic Amount of Council Tax for Cherwell District Council for the financial year beginning on 1 April 2024 of £5, resulting in a Band D charge of £153.50 per annum.

1.7          In relation to the Capital Programme and related strategies (Section 4.4) to approve:

1.7.1                   The Capital Bids and Capital Programme at Appendix 17 and 18 respectively.

1.7.2                   The Capital and Investment Strategy 2024/25 (Appendix 19), including the Minimum Revenue Provision (MRP) Policy, and the revised 2023/24 MRP Policy (Appendix 20).

1.7.3                   The Treasury Management Strategy, including the Prudential Indicators, and Affordable Borrowing Limit for 2024/25 (Appendix 21).

1.8          In relation to reserves (Section 4.5) to approve:

1.8.1                   A minimum level of General Balances of £6.1m as supported by Appendix 15.

1.8.2                   The Reserves Policy (Appendix 14).

1.8.3                   The medium-term reserves plan described in Appendix 16.

1.9          In relation to the Pay Policy Statement approve:

1.9.1                   The Pay Policy Statement, as required by the Localism Act 2010, detailed in Appendix 9.

Resolved

(1)          That, having due regard, the statutory report of the Chief Finance Officer and the comments of the Chief Finance Officer in respect of the proposed amendments, be noted.

(2)          That, subject to the following amendments with authority delegated to the Section 151 Officer to update the budget papers to reflect the amendments, the proposed Fees and Charges schedule for 2024/25 be approved and it be noted that statutory notices would be placed where required.

·       That the 2024/25 increase in bulky waste charges be removed and the 2023/24 levels be retained and a new premium charge for faster service be introduced

·       That the charge for replacement bins be removed

·       That the 2024/25 increase in the NOA, Cooper School and Stratfield Brake fees and charges be removed and the fees be retained at 2023/24 levels at a cost of £0.012m.

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

(4)          That the Business Plan (annex to the Minutes as set out in the Minute Book) be approved.

(5)          That the net revenue budget, for the financial year commencing on 1 April 2024, as set out below incorporating budget movements to fund the amendments to the budget, with authority delegated to the Section 151 Officer to amend other tables within the budget accordingly, be approved:

(6)          That, subject to the following amendments with authority delegated to the Section 151 Officer to update the budget papers to reflect the amendments, the Medium Term Financial Strategy and Revenue Budget 2024/25 including the Savings Proposals and Pressures be approved.

·         That savings proposal reference SWAST243 (£0.075m) be removed to reflect resolution (2) to not introduce a charge for replacement bins.

·         That savings proposal SWAST241 be amended by introducing alternative charges for bulky waste (as set out in resolution (2)) in 2024/25 and it be noted this has a net nil impact on the budget and MTFS.

·         That savings proposal SPCON242 be reduced by £0.022m in 2024/25 in order to keep Pioneer Square public conveniences open.

·         That a new pressure of £0.020m for an additional cleaning contract for the public conveniences at Pioneer Square be agreed.

·         That the general contingency budget be reduced by £0.129m to fund the agreed amendments to the proposed budget. 

(7)          That an increase in the Basic Amount of Council Tax for Cherwell District Council for the financial year beginning on 1 April 2024 of  ...  view the full decision text for item 10.

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 2024/25 and the setting of Council Tax for 2024/25.

Recommendations

The Council resolves:

(1)           To approve the Council Tax Base 2024/25 that was determined at the Executive meeting held on 8 January 2024:

a)             for the whole Council area as 59,027.2 [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.

(2)           That the Council Tax requirement for the Council’s own purposes for 2024/25 (excluding Parish Precepts and Special Expenses) is £9,060,675.

(3)           That the following amounts be calculated for the year 2024/25 in accordance with Sections 31 to 36 of the 1992 Act:

a)             £137,496,126 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)             £122,083,104 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (3) of the 1992 Act.

c)             £15,413,022 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)             £261.12 being the amount at 3(c) above (Item R), all divided by Item T (1(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)             £6,352,346 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)               £153.50 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)      It be noted that for the year 2024/25 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: -

(5)      The Council, in accordance with Sections  ...  view the full agenda text for item 12.

Resolved

(1)          That it be noted that the Council Tax Base 2024/25 was determined at the Executive meeting held on 8 January 2024:

a)            for the whole Council area as 59,027.2 [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.

(2)          That it be agreed that the Council Tax requirement for the Council’s own purposes for 2024/25 (excluding Parish Precepts and Special Expenses) is £9,060,675.

(3)          That the following amounts be calculated for the year 2024/25 in accordance with Sections 31 to 36 of the 1992 Act:

a)            £137,412,530 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)            £121,996,104 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (3) of the 1992 Act.

c)            £15,416,426 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)            £261.17 being the amount at 3(c) above (Item R), all divided by Item T (1(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)            £6,355,750 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)             £153.50 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)          It be noted that for the year 2024/25 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:

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

Report of Monitoring Officer

Purpose of report

To consider and agree the Member Development Framework and Programme for 2024-25

Recommendations

Council resolves:

1.1          To approve the Member Development Framework for 2024-25

1.2          To approve the Member Development Programme for 2024-25

Resolved

(1)           That the Member Development Framework for 2024-25 be approved.

(2)           That the Member Development Programme for 2024-25 be approved.

Report of the 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. This is to update members with the latest changes following meetings of the Constitution Review Group (CRG).

Recommendations

The meeting is recommended:

1.1          To note the amendments being made under the existing Monitoring Officer delegation, as detailed in Appendix 5

1.2          To approve the amendments to the Constitution referred to in this report and appendices 3, 4 and 6.

1.3          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 being made under the existing Monitoring Officer delegation be noted.

(2)          That the following amendments to the Constitution be approved: Overview and Scrutiny Procedure Rules; Contract Procedure Rules, and Annex to the Code of Conduct for local determination of applications.

(3)          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).

To debate the following motion which has 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 22 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 23 February. Amendments for motions will be dealt with in the order submitted. 

Resolved

(1)          That the following motion be adopted:

“The cost-of-living crisis has highlighted the need for access to enough fresh food, especially fruit and vegetables. This has been worsened by the lack of available allotments and communal gardens.

Greater access to growing spaces would better support CDC in ensuring it places the health and well-being of its residents at the heart of its policy making by increasing the availability of fresh locally produced food at an affordable price. 

Such initiatives can reduce pressures on NHS and social care whilst increasing community cohesion, tackling loneliness and isolation, and providing for the healthy food needs of their neighbourhoods.

We recognise that officers already work with our communities to encourage them to come together to develop local growing spaces in areas of under-used publicly owned land and that we have endorsed the countywide Food Strategy. But that we can always do more.

This council therefore calls on the Executive to,

1.    Identify council owned land suitable for community cultivation and facilitate the production of a publicly available map of such sites.

2.    Adopt a ‘Right to Grow’ policy whilst continuing to work with Cherwell Collective and other community organisations to encourage the adoption of such land for growing schemes by means of a simple licence at no direct cost to the community.

3.    Consider ways to encourage developers to include community growing spaces in all new developments and, where practical, on land awaiting development.

4.    Write to all Cherwell MPs asking them to support the national ’Right to Grow’ campaign.”