Agenda and decisions


Council - Monday 16 December 2024 6.30 pm

Venue: Bodicote House, Bodicote, Banbury, Oxon OX15 4AA

Contact: Natasha Clark, Democratic and Elections  Email: democracy@cherwell-dc.gov.uk, 01295 221534

Media

Items
No. Item

2.

Declarations of Interest

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting.

Additional documents:

3.

Communications pdf icon PDF 103 KB

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

 

Additional documents:

4.

Petitions and Requests to Address the Meeting

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 13 December 2024.

 

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

 

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

 

Additional documents:

5.

Urgent Business

The Chairman to advise whether they have agreed to any item of urgent business being admitted to the agenda.

 

Additional documents:

6.

Minutes of Council pdf icon PDF 359 KB

To confirm as a correct record the Minutes of Council held on 21 October 2024.

Additional documents:

7.

Minutes pdf icon PDF 2 MB

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 21 October 2024 no key 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.

Additional documents:

8.

Questions pdf icon PDF 239 KB

a)         Written Questions

 

            Three written questions have been submitted with advance notice in accordance with the Constitution. These are attached to the agenda. 

 

Question from: 

Question topic:

Councillor Eddie Reeves

Small Business Champion

Councillor Donna Ford

Local banking facilities

Councillor Donna Ford

Oxfordshire County Council recycling centres

 

 

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).

 

 

Additional documents:

9.

Polling District and Polling Places Review 2024 pdf icon PDF 271 KB

Report of (Acting) Returning Officer

 

Purpose of report

 

To agree the recommendations of the council’s Polling District and Polling Place Review 2024. 

 

Recommendations

 

Council resolves:

 

1.1         To agree the recommendations for Polling Districts and Polling Places within Cherwell as set out at Appendix 1.

 

1.2         To note that the Polling District codes will be updated for inclusion in the Electoral Register being published on 1 February 2025.

 

1.3         To note that the Constitution gives delegated to the Returning Officer “To amend the Council’s Polling Districts and Polling Places Order as necessary”.

 

Additional documents:

Decision:

Resolved

 

(1)          That the recommendations for Polling Districts and Polling Places within Cherwell (Appendix 1 to the report) be agreed.

 

(2)          That it be noted that the Polling District codes will be updated for inclusion in the Electoral Register being published on 1 February 2025.

 

(3)          That it be noted that the Constitution gives delegated to the Returning Officer “To amend the Council’s Polling Districts and Polling Places Order as necessary”.

 

10.

Treasury Management Report - Mid-year review 2024-25 (September 2024) pdf icon PDF 512 KB

Report of Assistant Director of Finance (Section 151 Officer)

 

Purpose of report

 

To provide information on treasury management performance and compliance with treasury management strategy for 2024-25 as required by the Treasury Management Code of Practice.

 

To demonstrate that all treasury management activities undertaken during the reporting period complied with the CIPFA Code of Practice and the council’s approved Treasury Management Strategy.

 

Recommendations

 

Council resolves:

 

1.1         To note the contents of this Treasury Management mid-year review as  recommended by the Accounts, Audit and Risk Committee on the 20 November 24.

 

 

 

Additional documents:

Decision:

Resolved

 

(1)            That the contents of the Treasury Management mid-year review, as  recommended by the Accounts, Audit and Risk Committee on the 20 November 2024, be noted.

11.

Council Tax Reduction Scheme 2025/2026 pdf icon PDF 257 KB

Report of Assistant Director Finance (Section 151 Officer)

 

Purpose of report

 

To enable members to consider the proposed banded scheme for Council Tax Reduction (CTR) for 2025/26.

 

Recommendations

 

Council resolves:

 

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

 

1.2         To approve:

·         The option of no change to the Council Tax Reduction Income Banded Scheme for Working Age Applicants for 2025/26.

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

 

 

 

Additional documents:

Decision:

Resolved

 

(1)            That the report and the financial implications for the council be noted.

 

(2)            That the option of no change to the Council Tax Reduction Income Banded Scheme for Working Age Applicants for 2025/26 be approved and it be approved to amend Working Age Regulations in line with annual uprating and to amend the Council Tax Regulations for pensioners in line with uprating announced by the Ministry for Housing, Communities and Local Government.

 

12.

Updates to the Constitution pdf icon PDF 259 KB

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. This is to update members with the latest changes agreed by the Constitution Review Group (CRG) and to propose:

 

(a)  An additional ordinary meeting of Council in March 2025 and in March going forward.

 

(b)  That the meeting of Council scheduled to take place on 25 February 2025 (and in February going forward) will deal only with the Council budget and any associated reports and no other business.

 

(c)  Certain changes to the Constitution regarding the Licensing Committee to comply with the Law.

 

Recommendations

Council resolves:

 

1.1         To agree that the meeting of Council scheduled to take place on 24 February 2025 and in February each municipal year going forward will be regarded as the Budget Council.

 

1.2         To agree that an additional ordinary meeting of Council take place on Monday 17 March 2024 and that a March Council meeting be included in the calendar of meetings going forward.

 

1.3         To approve the Budget Council Procedure Rules detailed in Appendix 1.

 

1.4         To agree the separation of the Licensing Committee to a Licensing Acts Committee and General Licensing Committee with the proposed functions as set out in the report.

 

1.5         To delegate authority to the Monitoring Officer to make the amendments to the Constitution following (i) these changes, and (ii) organisational changes.

 

Additional documents:

Decision:

Resolved

 

(1)            That it be agreed that the meeting of Council scheduled to take place on 24 February 2025 and in February each future municipal year will be regarded as the Budget Council.

 

(2)            That it be agreed that an additional ordinary meeting of Council take place on Monday 17 March 2025 and that a March Council meeting be included in future calendars of meetings.

 

(3)            That the Budget Council Procedure Rules (Appendix 1 to the report) be approved.

 

(4)            That the separation of the Licensing Committee to a Licensing Acts Committee and General Licensing Committee with the proposed functions as set out in the report be agreed.

 

(5)            That authority be delegated to the Monitoring Officer to make the amendments to the Constitution following (i) these changes, and (ii) organisational changes.

 

13.

Calendar of Meetings 2025/2026 pdf icon PDF 255 KB

Report of Monitoring Officer

 

Purpose of report

 

Council is asked to consider and agree the proposed calendar of meetings for the municipal year 2025/2026 (Appendix 1). 

 

Recommendations

 

Council resolves:

 

1.1       To approve the calendar of meetings for Cherwell District Council for the municipal year 2025/2026 (Appendix 1).

 

Additional documents:

Decision:

Resolved

 

(1)            That, subject to a review of the start time for All Member Briefings, the calendar of meetings for Cherwell District Council for the municipal year 2025/2026 (Appendix 1 to the report) be approved.

14.

Amendment to Committee Membership

The Liberal Democrat Group Leader, Councillor Hingley, has notified the Proper Officer of the following amendment to Liberal Democrat Group committee membership:

 

Accounts, Audit and Risk Committee

Remove: Councillor Jean Conway and Councillor Nick Cotter

Add: Councillor Frank Ideh and Councillor Rob Parkinson

 

Recommendation

 

Council resolves:

 

1.1         To note the Liberal Democrat Group committee membership amendment.

 

Additional documents:

Decision:

Resolved

 

(1)            That the following Liberal Democrat Group committee membership amendment be noted:

 

Accounts, Audit and Risk Committee

Remove: Councillor Jean Conway and Councillor Nick Cotter

Add: Councillor Frank Ideh and Councillor Rob Parkinson

15.

Motions pdf icon PDF 132 KB

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

 

Topic

Proposer

Seconder

Flooding

Cllr Kieron Mallon

Cllr Andrew McHugh

Oxfordshire County Council expenditure of development monies

Cllr Edward Fraser Reeves

Cllr Nick Mawer

Government change to Inheritance Tax treatment of farmland

Cllr Edward Fraser Reeves

Cllr Doug Webb

 

Please note that the deadline to submit motions has passed. The deadline for Members to submit amendments to motions is noon on Thursday 12 December. 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 13 December. Amendments for motions will be dealt with in the order submitted. 

 

 

Additional documents:

Decision:

Resolved

 

(1)          That the following motion be adopted:

 

“Storm Bert brought significant flooding across the district. The flooding brought with it contamination of groundwater with sewage which then spilt onto roads and property across the district.

 

It is accepted that, in many cases, the sewage and drainage infrastructure is notable to cope with the new and increasing volumes of rainwater. However, the problems of flooding with inadequate infrastructure are compounded by a lack of routine maintenance. In the face of increased volumes of rainwater. We note that the number of gully’s cleaned by Oxfordshire County Council each year has dropped significantly over the last five years. It becomes more urgent for the county council, who have the primary responsibility for this, to increase their routine maintenance of drainage gullies, and where necessary, install drainage sumps to cope with increased water flows.

 

We call on the leader of the Council to write to The Leader and Chief Executive Oxfordshire County Council to urge Oxfordshire County Council to do more to alleviate the misery caused to Cherwell residents by increasing their flood prevention activities such as gulley clearance.

 

Furthermore, we call on the county council to initiate a program of proactive gulley clearance, and any other prophylactic measures that may be deemed necessary, at known flooding hot spots on receipt of severe weather warnings.”

 

(NB. The amendment to the motion having been proposed and seconded was duly debated. On being put to the vote, the amendment was lost and duly fell.)

 

(2)          That the following motion be agreed:

 

“Recalling its motion of 21 October 2024, this Council further regrets that Oxfordshire has not historically managed the expenditure of development agreements well. It also recognises that the law in this area must be more flexible to ensure that communities receive the improvements in infrastructure that are right for them as circumstances change.

 

Despite this District having taken its fair share of new homes in recent years, too often, development monies have gone unspent with elected members and parish colleagues forced to make circuitous enquiries of Council officers and developers to establish what local funds exist and when they might reasonably be spent.

 

Following work undertaken by Oxfordshire County Council’s Performance &Corporate Services and Place Overview & Scrutiny Committees, and research conducted by the Homebuilders’ Federation, £8 billion of developers’ contributions stand to be spent nationwide with Oxfordshire the worst-performing county in the country, holding £287.5 million.

 

This Council requests the Leader to write to:

 

1.    The Leader of Oxfordshire County Council to agree a more effective mechanism for ensuring that development monies are spent; and

2.    The Secretary of State for Housing, Communities and Local Government to request that the law be updated to introduce a presumption of reasonable expenditure on the part of local authorities or such other device as would enable Councils to spend money on improving local facilities that could not otherwise be envisaged when development agreements are signed.”

 

(3)          That the following motion be agreed:

 

“This Council considers that the  ...  view the full decision text for item 15.