Agenda, decisions and draft minutes

There were no declarations of interest.

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

Councillor Barry Wood

The Chairman advised that on 20 November, Councillor Wood had attended the prestigious 2024 LGUI & CCLA Cllr Awards at the Guildhall, London. Councillor Wood had been short listed for the 'Lifetime Legend' award.

Whilst Councillor Wood had sadly not won the award, on behalf of Council, the Chairman congratulated Councillor Wood on the phenomenal achievement of being a finalist for prestigious award.

Chairman’s Engagements

A copy of the events attended by the Chairman was published with the agenda. The Chairman thanked all Members who had attended or made a donation to his Charity Dinner which had been held on 16 November.

Meeting Etiquette

The Chairman asked councillors to be respectful of each other when addressing the meeting and out of courtesy, to remain in their seat during items. If necessary, the Chairman would adjourn the meeting to allow for a comfort break at a suitable point.

Members’ Pigeon Holes

The Chairman reminded Members to check their pigeon hole and take any post with them.

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.

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 21 October 2024.

The minutes of the meeting held on 21 October 2024 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 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.

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

Resolved

That the minutes of the meeting of the Executive and Portfolio Holder decisions as set out in the Minute Book be received and that it be noted that since the last meeting of Council on 21 October 2024, no decisions have 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

            Three 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 that thee  written questions, addressed to the Leader, 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 as an annex to the Minutes as set out in the Minute Book).

The first question was from Councillor Reeves, in relation to a small business Champion. By way of a supplementary question, Councillor Reeves asked how many small businesses the Deputy Leader had met with in the past month. The Leader undertook to respond in writing.

The second question was from Councillor Ford, in relation to local banking facilities. By way of a supplementary question, Councillor Ford asked if the Leader would agree for Executive to take more positive steps. The Leader advised Executive would review and update Councillor Ford in due course.

The third question was from Councillor Ford, in relation to Oxfordshire County recycling centres. By way of a supplementary question, Councillor Ford asked if the Leader was concerned that the County Council policy change would result in more flytipping in the Cherwell District. The Leader undertook to respond in writing.

b) Questions to the Leader of the Council

Questions were asked and answers received on the following issues:

Councillor Cherry: CCTV at the Sunshine Centre and Edmonds Road near Bretch Hill

Councillor Watkins: Banbury Community Insight Steering Group amalgamation with the Brighter Futures in Banbury (BFiB) partnership

Councillor Wood: Bollards in Kidlington

Councillor Rogers: Update on motion agreed at October Council regarding a response to letter requesting a meeting with Buckinghamshire, Oxfordshire and Berkshire West Integrated Care System Board (‘BOBICS’) and

c) Questions to Committee Chairmen on the Minutes

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

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”.

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”.

The (Acting) Returning Officer submitted a report to agree the recommendations of the council’s Polling District and Polling Place Review 2024. 

Resolved

(1)          That the recommendations for Polling Districts and Polling Places within Cherwell (Annex to the Minutes as set out in the Minute Book) 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”.

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.

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.

The Assistant Director of Finance (Section 151 Officer) submitted a 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. The report demonstrated 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.

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.

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.

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.

The Assistant Director Finance (Section 151 Officer) submitted a report to enable Members to consider the proposed banded scheme for Council Tax Reduction (CTR) for 2025/26.

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.

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.

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.

The Monitoring Officer submitted a report to update members with the latest changes agreed by the Constitution Review Group (CRG) and to propose: an additional ordinary meeting of Council in March 2025 and in March each municipal year; that the meeting of Council scheduled to take place on 25 February 2025 (and in February going forward) would deal only with the Council budget and any associated reports and no other business; and, certain changes to the Constitution regarding the Licensing Committee to comply with the Law.

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.

Resolved

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

(3)          That the Budget Council Procedure Rules be approved.

(4)          That the separation of the Licensing Committee to a Licensing Acts Committee and General Licensing Committee with the proposed functions 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.

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).

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.

The Monitoring Officer submitted a report which asked Council to consider and agree the proposed calendar of meetings for the municipal year 2025/2026.

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 be approved.

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.

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

The Chairman referred to the agenda which set out that the Liberal Democrat Group Leader, Councillor Hingley, had notified the Proper Officer of a change to the Liberal Democrat Group committee membership.

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

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 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. 

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 51.

The Chairman advised that three motions had been submitted. An amendment to the “Flooding” had been submitted. In line with the Constitution, no further amendments were now permitted.

Motion One: Flooding

It was proposed by Councillor Mallon and seconded by Councillor McHugh 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 not able 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 of 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 hotspots on receipt of severe weather warnings.”

Councillor McLean proposed the following amendment (amendments struck through and revised text in italics), which was duly seconded by Councillor Brant.

“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 not able 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 The recent flood events have illustrated that our existing infrastructure is inadequate inthe 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 and flood mitigation plans, to increase review their routine maintenance routine 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 of Oxfordshire County Council to urge Oxfordshire County Council to do more to alleviate the misery caused risk 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,  ...  view the full minutes text for item 51.