Agenda, decisions and minutes

9.15 pm

Report of Head of Safer Communities and Community Development

Summary

To authorise a new member of staff.         

Recommendations

The Executive is recommended to:

(1)               Authorise Daniel Rowlson for the purposes of the following legislation:-

Building Act 1984

Caravan Sites Act 1968

Clean Air Act 1956, 1968 and 1993

Clean Neighbourhoods and Environment Act 2005

Control of Pollution Act 1974

Dogs (Fouling of Land) Act 1996

Environmental Protection Act 1990

Factories Act 1961

Litter Act 1983

Offices, Shops and Railway Premises Act 1963

Prevention of Damage by Pests Act 1949

Public Health (Control of Disease) Act 1984

Refuse Disposal (Amenity) Act 1978

Sunday Trading Act 1994

Water Acts 1973 and 1989

Water Industry Act 1991

(2)               Invite the Council to authorise Daniel Rowlson for the purposes of the following legislation:-

Animal Boarding Establishments Act 1963

Breeding of Dogs Act 1973

Breeding and Sale of Dogs (Welfare) Act 1999

Caravan Sites and Control of Development Act 1960

Dangerous Wild Animals act 1976

Food Hygiene (England) Regulations 2006

Food Safety Act 1990

Health Act 2007

Health and Safety at Work, etc Act 1974

Local Government (Miscellaneous Provisions) Acts 1976 and 1982

Noise and Statutory Nuisance act 1993

Official Feed and Food Controls (England) Regulations 2007

Pet Animals Act 1951

Public Health Acts 1936 and 1961

Riding Establishments Acts 1964 and 1970

Scrap Metal Dealers Act 1964

Zoo Licensing Act 1981

Agreed.

The Head of Safer Communities and Community Development submitted a report to authorise a new member of staff.     

Resolved

(1)               Authorise Daniel Rowlson for the purposes of the following legislation:-

Building Act 1984

Caravan Sites Act 1968

Clean Air Act 1956, 1968 and 1993

Clean Neighbourhoods and Environment Act 2005

Control of Pollution Act 1974

Dogs (Fouling of Land) Act 1996

Environmental Protection Act 1990

Factories Act 1961

Litter Act 1983

Offices, Shops and Railway Premises Act 1963

Prevention of Damage by Pests Act 1949

Public Health (Control of Disease) Act 1984

Refuse Disposal (Amenity) Act 1978

Sunday Trading Act 1994

Water Acts 1973 and 1989

Water Industry Act 1991

(2)               Invite the Council to authorise Daniel Rowlson for the purposes of the following legislation:-

Animal Boarding Establishments Act 1963

Breeding of Dogs Act 1973

Breeding and Sale of Dogs (Welfare) Act 1999

Caravan Sites and Control of Development Act 1960

Dangerous Wild Animals act 1976

Food Hygiene (England) Regulations 2006

Food Safety Act 1990

Health Act 2007

Health and Safety at Work, etc Act 1974

Local Government (Miscellaneous Provisions) Acts 1976 and 1982

Noise and Statutory Nuisance act 1993

Official Feed and Food Controls (England) Regulations 2007

Pet Animals Act 1951

Public Health Acts 1936 and 1961

Riding Establishments Acts 1964 and 1970

Scrap Metal Dealers Act 1964

Zoo Licensing Act 1981

Reasons - This will ensure that the Council undertakes its regulatory duties in compliance with the law.

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

Councillors Bolster, Reynolds, Turner, Mallon declared prejudicial interests as with regard to Minute 119 due to them being County Councillors and the County Council holding a land interest at Gowells Farm, Bicester.

The Minutes of the meeting held on 3 November 2008 are not available at this time and are recommended for deferral.

Resolved, that the minutes of the meeting of 3 November 2008 be deferred due to not being available at this time.

6.30 pm

Report of Head of Planning and Affordable Housing Policy

Summary

To update the Executive and present further information on:

(i) Government publication Draft of the Planning Policy Statement on Eco Towns and the Sustainability Appraisal of the Eco Towns Programme, and:

(ii) the Council’s involvement in the continuing assessment of the Weston Otmoor Eco-Town proposal.

Recommendations

The Executive is recommended:

(1)       To note the contents of the Report and the supporting Appendices.

Agreed, with the amendment that a further report be requested for the December meeting setting out the next steps that will be required with regard to this issue.

The Head of Planning and Affordable Housing Policy submitted a report to update the Executive and present further information on the Government publication Draft of the Planning Policy Statement on Eco Towns and the Sustainability Appraisal of the Eco Towns Programme, and the Council’s involvement in the continuing assessment of the Weston Otmoor Eco-Town proposal.

Councillor Mrs Fulljames and Councillor Fulljames addressed the Executive on this issue. The Executive discussed the issue in detail and agreed the recommendations as set out in the report with the amendment that a further report be requested for the December meeting setting out the next steps that would be required with regard to this issue.

Resolved, that the contents of the Report and the supporting Appendices be noted and that a further report be requested for the December meeting setting out the next steps that would be required with regard to this issue.

.

Reasons - the Eco-Town process has attracted considerable comment and concern  Throughout this process, the Council has maintained a watching brief on the issue.

Councillor Pickford requested that her abstention be recorded in the minutes.

7.00 pm

Report of Head of Legal and Democratic Services

Summary

This report contains a referral to the Executive from the Overview & Scrutiny Committee.

Recommendations

The Executive is recommended:

(1)       to note the Overview and Scrutiny Committee belief that, having regard to  the situation and historic status of RAF Bicester it should not be  considered as a suitable site for housing, and that the Executive be requested to feed this view into the consultation process for the Local Development Framework.

(2)               to confirm and recognise the historic status of the RAF Bicester site and their commitment to ensure that the appropriate bodies ensure the historic buildings are maintained.

(3)               That in light of recommendation two above, the Portfolio Holder for Planning and Housing be requested to keep this issue within his consideration and to take action as appropriate.

(4)               To welcome proposals such as that of Bomber Command Heritage to raise the profile of the heritage and value of the RAF Bicester site.

Agreed

The Head of Legal and Democratic Services submitted a report that contained a referral to the Executive from the Overview & Scrutiny Committee. Councillor Sames as Vice-Chairman of the Overview and Scrutiny Committee introduced the report.

Resolved

(1)       That it be agreed that the Overview and Scrutiny Committees belief that, having regard to the situation and historic status of RAF Bicester it should not be considered as a suitable site for housing, be fed into the consultation process for the Local Development Framework.

(2)               That the historic status of the RAF Bicester site be recognised and the commitment to ensure that the appropriate bodies ensure the historic buildings are maintained be confirmed.

(3)               That in light of resolution two above, the Portfolio Holder for Planning and Housing be requested to keep this issue within his consideration and to take action as appropriate.

(4)               That proposals such as that of Bomber Command Heritage to raise the profile of the heritage and value of the RAF Bicester site be welcomed.

Reasons – RAF Bicester is considered to be an historic site and of value to the district

7.15pm

Report of Head of Urban and Rural Services

Summary

To present the initial outcomes and findings from the consultation on the Draft Cherwell Rural Strategy and to consider the adoption of the main themes for the final document.

Recommendations

To present the initial outcomes and findings from the consultation on the Draft Cherwell Rural Strategy and to consider the adoption of the main themes for the final document.

Agreed

The Head of Urban and Rural Services submitted a report to present the initial outcomes and findings from the consultation on the Draft Cherwell Rural Strategy and to consider the adoption of the main themes for the final document.

Resolved

(1)               That the themes set out in the Draft Cherwell Rural Strategy, with the amendment to Theme C to: Provide Village Homes and Village Infrastructure, and Theme E to: Protect, Enhance & Increase Enjoyment of Cherwell’s Natural & Historic Environment, for adoption in the final Cherwell Rural Strategy 2009-2014 be confirmed.

(2)               That a further report on the draft Strategy following a full analysis of the detailed responses be received

Reasons - the need for a Rural Strategy for Cherwell stems from the fact that Cherwell is predominantly rural in character and one third of the District’s people live in rural communities.  This is recognised in Theme 8 of the Cherwell Community Plan “Rural Focus”.

7.35 pm

Report of Head of Economic Development and Estates

Summary

To advise Members as to the grant awarded to the Council under the Local Authority Business growth Incentive (LABGI) scheme, to seek guidance as to how this grant should be used, and to advise as to future proposed changes to the scheme.

Recommendations

The Executive is recommended:

(1)       That the Council place £45,000 in a reserve account to finance up to £15,000 pa for 3 years from 2009/10 to fund the continuation of the business mentoring service currently administered by Oxfordshire Business Enterprises.

(2)       That the remaining LABGI funds received this year be placed in a reserve account, to be used to finance economic development activities and projects in future years

(3)       That £5,000 be allocated to finance a contribution towards the cost of an employer skills survey being undertaken in this area by the Learning and Skill Council this year.

(4)       That authority to allocate the remaining funds referred to in paragraph (2) above to individual projects be delegated to the Portfolio Holder for Economic Development and Estates.

(5)       That the Council respond to the Government consultation on the future of the LABGI scheme, indicating its view that the method of allocating funds in future be based on increases in NNDR contributions calculated on a sub-regional basis, as defined by Government, divided more equally between County and District Councils.

Agreed

The Head of Economic Development and Estates submitted a report to advise Members as to the grant awarded to the Council under the Local Authority Business growth Incentive (LABGI) scheme, to seek guidance as to how this grant should be used, and to advise as to future proposed changes to the scheme.

Resolved

(1)       That the Council place £45,000 in a reserve account to finance up to £15,000 pa for 3 years from 2009/10 to fund the continuation of the business mentoring service currently administered by Oxfordshire Business Enterprises.

(2)       That the remaining LABGI funds received this year be placed in a reserve account, to be used to finance economic development activities and projects in future years

(3)       That £5,000 be allocated to finance a contribution towards the cost of an employer skills survey being undertaken in this area by the Learning and Skill Council this year.

(4)       That authority to allocate the remaining funds referred to in paragraph (2) above to individual projects be delegated to the Portfolio Holder for Economic Development and Estates.

(5)       That the Council respond to the Government consultation on the future of the LABGI scheme, indicating its view that the method of allocating funds in future be based on increases in NNDR contributions calculated on a sub-regional basis, as defined by Government, divided more equally between County and District Councils.

Reasons - that the LABGI funds should be ring fenced to finance economic development activity, for the benefit of the local economy which has generated the growth, and has resulted in the grant being received.

7.50 pm

Report of Strategic Director – Environment and Community

Summary

To provide an update on the Sport Centre Modernisation project.        

Recommendations

The Executive is recommended:

(1)               To note the current position and progress to date; and

(2)               To endorse the approach to contingency planning

(3)               Approve a supplementary capital estimate of £295,154

Agreed – Recommendations 1 and 2

The Strategic Director – Environment and Community submitted a report to provide an update on the Sport Centre Modernisation project.

Resolved, that the current position and progress to date be noted and the approach to contingency planning endorsed.

Reasons - The sports centre modernisation programme has made good progress with only minor delays to date.  

8.10 pm

Report of Strategic Director – Customer Service and Resources and Chief Accountant

Summary

This report summarises the Council’s Revenue and Capital performance for the first 6 months of the financial year 08/09 and projections for the full 08/09 period. These are measured by the budget monitoring function and reported via the Performance Management Framework (PMF) informing the 09/10 budget process currently underway

Recommendations

The Executive is recommended:

1)     To note the revenue & capital position at Sept 08 detailed in Appendix 1 and 2.

2)      To note the projected revenue position for 08/09 detailed in Appendix 3 and the actions taken to date to reduce the projected overspend.

3)      To agree that £3,605,367 of capital schemes listed in Appendix 4a approved as part of the 08/09 budget but profiled for expenditure in 2009/10 are bought forward for utilisation in 08/09 as per the revised profiles of the accommodation review and sports centre modernisation project.

4)      To agree that £607,100 of capital schemes listed in Appendix 4b approved as part of the 08/09 budget are to be delayed and agree that they are carried forward for utilisation in 09/10. This delay will generate additional investment income in 2008/09.

5)      To agree that £467,833 of schemes listed in Appendix 4c as no longer required and approved as part of the 08/09 budget can be deleted from the capital programme and approve supplementary estimates totalling £135,328 detailed in Appendix 4d for inclusion into the 08/09 capital programme comprising of:

·         £20,000 Data Encryption Software

·        £25,000 Service Desk Software

·        £35,328 Iclipse Software Licences

·        £27,000 Iclipse System Upgrade

·        £28,000 Banbury Visitor Management Plan

The net decrease of £332,505 on cashflow projections will generate additional investment income.

6)      Subject to agreement of points 4-7 inclusive note the projected capital out-turn position for 2008/09 detailed in Appendix 5.

7)     To consider and recommend whether any of the actions proposed below to further contain expenditure during this period of economic downturn should be further explored by Officers in the Q3 projection.

• Delete or defer capital schemes that have yet to start as at 31^st October 2008 and detailed in Appendix 6
• To cut any discretionary expenditure planned in the second half of the year
• To consider a review of reserves and the need to make provision for further economic issues as part of the Q3 projection.

Agreed, with the clarification that no further actions be taken in accordance with Recommendation 7.

The Strategic Director – customer Service and Resources and Chief Accountant submitted a report that summarised the Council’s Revenue and Capital performance for the first 6 months of the financial year 08/09 and projections for the full 08/09 period.

Resolved

1)     That the revenue & capital position at Sept 08 be noted.

2)      That the projected revenue position for 08/09 and the actions taken to date to reduce the projected overspend be noted.

3)      That it be agreed that £3,605,367 of capital schemes as part of the 08/09 budget but profiled for expenditure in 2009/10 are bought forward for utilisation in 08/09 as per the revised profiles of the accommodation review and sports centre modernisation project.

4)      That it be agreed that £607,100 of capital schemes approved as part of the 08/09 budget are to be delayed and agree that they are carried forward for utilisation in 09/10. This delay will generate additional investment income in 2008/09.

5)      That it be agreed that £467,833 of schemes listed as no longer required and approved as part of the 08/09 budget be deleted from the capital programme and that supplementary estimates totalling £135,328 for inclusion into the 08/09 capital programme comprising of:

·         £20,000 Data Encryption Software

·        £25,000 Service Desk Software

·        £35,328 Iclipse Software Licences

·        £27,000 Iclipse System Upgrade

·        £28,000 Banbury Visitor Management Plan

be agreed and it be noted that the net decrease of £332,505 on cashflow projections will generate additional investment income.

6)      That the projected capital out-turn position for 2008/09 be agreed.

7)     That no further actions be taken to further contain expenditure during this period of economic downturn at this time.

Reasons - In line with good practice budget monitoring is undertaken on a monthly basis within the Council. The revenue and capital position is reported monthly to the Corporate Management Team and formally to the Executive on a quarterly basis. This is the Q2 report for financial year 2008/09.

8.30 pm

Report of Chief Executive and Head of Improvement

Summary

To report the Council’s performance against the Performance Management Framework for the period July – September 2008.

Recommendations

The Executive is recommended:

1)     To note the progress made in delivering performance against the Corporate Scorecard and the other performance frameworks appended to this report.

2)     To note the responses to the issues raised in the 1^st Quarter Report and to seek further information or a further report in the next Quarterly Report as appropriate.

3)     To agree that in the next Quarterly Report there will be an update on the impact of the economic downturn on:

a)   The Council’s ability to deliver the 2008/09 corporate targets of 400 new        homes, including 100 units of social housing, and the creation of 200 net new        jobs.

b)   The income received through building control, planning applications, and land            charges and the budget implications of rising costs (fuel costs for example).

c)   The progress of key development projects such as Banbury Canalside,           Bicester Town Centre, and South West Bicester.

4)     To agree that in the next Quarterly Report there will be an update on the following:

a)     The time taken to process ‘minor and other’ planning applications.

b)     Increasing the visitor numbers to Banbury Museum.

c)      Addressing the 2.1% rise in overall crime figures, the failure to meet the target for reducing acquisitive crime and the timetable and process for producing the Anti Social Behaviour Strategy.

d)     Improving the average time taken to process new benefits claims.

e)     Reducing the amount of waste going to landfill (and implementing the Food Waste Pilot).

f)        The progress on delivering Nightsafe Bicester.

g)     The financial impact of the Government’s Free Swimming Programme for over 60’s and under 16’s.

Agreed, with the amendments:

a) That a colour scorecard be circulated separately to the Executive with the next two PMF monitoring reports.

b) That Portfolio Holders and officers (assisted by the Improvement Team) be requested to consider if reports on any performance elements are required prior to the next PMF Monitoring report and that the Forward Plan be updated accordingly.

The Chief Executive and Head of Improvement submitted a report to report on the Council’s performance against the Performance Management Framework for the period July – September 2008.

Resolved

1)     That the progress made in delivering performance against the Corporate Scorecard and the other performance frameworks be noted.

2)     That the responses to the issues raised in the 1^st Quarter Report be noted.

3)     That it be agreed that in the next Quarterly Report there will be an update on the impact of the economic downturn on:

a)   The Council’s ability to deliver the 2008/09 corporate targets of 400 new        homes, including 100 units of social housing, and the creation of 200 net new        jobs.

b)   The income received through building control, planning applications, and land            charges and the budget implications of rising costs (fuel costs for example).

c)   The progress of key development projects such as Banbury Canalside,           Bicester Town Centre, and South West Bicester.

4)     That it be agreed that in the next Quarterly Report there will be an update on the following:

a)     The time taken to process ‘minor and other’ planning applications.

b)     Increasing the visitor numbers to Banbury Museum.

c)      Addressing the 2.1% rise in overall crime figures, the failure to meet the target for reducing acquisitive crime and the timetable and process for producing the Anti Social Behaviour Strategy.

d)     Improving the average time taken to process new benefits claims.

e)     Reducing the amount of waste going to landfill (and implementing the Food Waste Pilot).

f)        The progress on delivering Nightsafe Bicester.

g)     The financial impact of the Government’s Free Swimming Programme for over 60’s and under 16’s.

5) That a colour scorecard be circulated separately to the Executive with the next two PMF monitoring reports.

5)     That Portfolio Holders and officers (assisted by the Improvement Team) be requested to consider if reports on any performance elements are required prior to the next PMF Monitoring report and that the Forward Plan be updated accordingly.

Reasons - This report shows the council continues to make significant progress on delivering its strategic priorities and in particular the promises made to the public for this year in the Council Tax Leaflet.  The report highlights a wide range of achievements and areas where achievements have received external recognition.  Since the last performance report the economic environment has taken a significant downturn.  This is highlighted as having a potentially significant impact on the ability to deliver some key objectives, the level of income raised, and the demands made on Council services.

9.00 pm

Report of Chief Executive

Summary

To consider the proposals arising from the Overview and Scrutiny Committee review of Call-in arrangements and to make recommendations to Council (via the Executive and Standards Committee).   

Recommendations

(1)               that the Executive note the results of the consultation on the review of Call-in and the proposals from the Overview and Scrutiny Committee;

(2)       that the Executive consider the Overview & Scrutiny Committee’s preferred Call-in model and decide what recommendations to put to Council.

Agreed, with the amendments that:

a) That paragraph 15g of Appendix 3 be amended to reflect that portfolio holders do not make decisions at scheduled meetings.

b) That paragraph 17 of Appendix 3 be amended to bring in 5 minute time limits on speakers and confirm that the Chief Executive will confirm the validity of the Call-in.

c) That the period in which a decision is available for call-in be kept as at present and not extended.

The Chief Executive submitted a report to consider the proposals arising from the Overview and Scrutiny Committee review of Call-in arrangements and to make recommendations to Council (via the Executive and Standards Committee).

Resolved

(1)               That the results of the consultation on the review of Call-in and the proposals from the Overview and Scrutiny Committee be noted;

(2)       That having considered the Overview & Scrutiny Committee’s preferred Call-in model the model as set out below be  recommended to Standards Committee and Council, including the following amendments:

a) That paragraph 15g of Annex to these minutes (as set out in the minute book) be amended to reflect that portfolio holders do not make decisions at scheduled meetings.

b) That paragraph 17 of Annex to these minutes (as set out in the minute book) be amended to bring in 5 minute time limits on speakers and confirm that the Chief Executive will confirm the validity of the Call-in.

c) That the period in which a decision is available for call-in be kept as at present and not extended.

Reasons - The Leader of the Council asked the Overview and Scrutiny Committee to review the Call-in process, in light of councillors’ concerns about the current arrangements following the Call-in earlier this year. This made it clear that Call-in is currently ill-defined in the constitution which gives precise guidance on the timescales and criteria for Call-in but it is vague about the practicalities of preparing for and conducting the hearing.  The fact that Call-in is used so infrequently has compounded the problem as the arrangements have not been reviewed and updated, unlike those in Authorities where Call-ins are more frequent.

The following report(s) contain exempt information as defined in the following paragraph(s) of Part 1, Schedule 12A of Local Government Act 1972.

3– Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Members are reminded that whilst the following item(s) have been marked as exempt, it is for the meeting to decide whether or not to consider each of them in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

Should Members decide not to make a decision in public, they are recommended to pass the following recommendation:

“That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded form the meeting for the following item(s) of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph(s) 2 of Schedule 12A of that Act.”

Resolved, that, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded form the meeting for the following item(s) of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph(s) 3 of Schedule 12A of that Act.

9.20 pm

Noted and Recommendation 3 of Agenda item 9 agreed.

(Exempt by virtue of paragraph 3)

The Strategic Director – Environment and Community submitted an exempt financial appendix in relation to Minute 123.

Resolved, that a supplementary capital estimate of £295,154 be approved.

Reasons – To cover the risks and issues that have been reported previously to the Executive at the time of contract finalisation from the pre-commencement building surveys,

9.25 pm

Report of Head of Economic Development and Estates

Recommendations of exempt report agreed as set out below:

1) To approve the completion of agreements between the Council and funding partners as described in the report, securing contributions towards the cost of the Flood Alleviation Scheme.

2) To approve the completion of an agreement with the Environment Agency, under which the Council agrees to pay over contributions received under agreements referred to at (1) above, to the Agency.

(Exempt by virtue of paragraph 3)

The Head of Economic Development and Estates submitted an exempt report to update Members on the progress of the fundraising for the scheme, and to approve proposed agreements between the Council, the Environment Agency, and funding partners

Resolved

1) To approve the completion of agreements between the Council and funding partners as described in the report, securing contributions towards the cost of the Flood Alleviation Scheme.

2) To approve the completion of an agreement with the Environment Agency, under which the Council agrees to pay over contributions received under agreements referred to at (1) above, to the Agency.

Reasons - The Flood Alleviation Scheme (FAS) will protect a large part of the flood plain affecting Banbury.