Agenda, decisions and minutes


Executive - Monday 6 February 2012 6.30 pm

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

Contact: Natasha Clark, Law and Governance  Email: natasha.clark@cherwellandsouthnorthants.gov.uk, 01295 221589

Media

Items
Note No. Item

79.

Declarations of Interest

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.

Additional documents:

Minutes:

Members declared interests in the following agenda items:

 

7. Housing Land Supply Position Statement

 

Councillor Nigel Morris, Personal, due to interest in a site within the report and should the site be discussed during consideration of this item, the interest would become prejudicial and he would leave the meeting.

 

80.

Petitions and Requests to Address the Meeting

The Chairman to report on any requests to submit petitions or to address the meeting.

Additional documents:

Minutes:

There were no petitions or requests to address the meeting.

81.

Urgent Business

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

Additional documents:

Minutes:

The Chairman reported that he had agreed to one item of urgent business: Award of Contract for the Provision of Dry Waste Recycling Services to Cherwell District Council. The item had originally been scheduled on the Forward Plan for consideration by Executive in March 2012, however the proposed start date of the contract was before the March meeting. The Chairman advised that, subject to Member agreement, the item would be taken in private session after agenda item 12.

82.

Minutes pdf icon PDF 67 KB

To confirm as a correct record the Minutes of the meeting held on 9 January 2012.

Additional documents:

Minutes:

The minutes of the meeting held on 9 January 2012 were agreed as a correct record and signed by the Chairman.

6.35 pm

83.

Bicester Masterplan Progress Report pdf icon PDF 85 KB

Report of Head of Strategic Planning and the Economy

 

Summary

 

To receive a report on the progress made on the Bicester Masterplan.

 

A presentation will be given by representatives of WYG, the consultants appointed to prepare the Bicester Masterplan.

 

Recommendations

 

The Executive is recommended:

 

(1)               To consider the issues that have informed the preparation of the Masterplan for Bicester and to note the progress being made. 

 

(1)               To consider proceeding to public consultation and completion of the Masterplan by May 2012.

 

 

Additional documents:

Decision:

Recommendations approved

Minutes:

The Head of Strategic Planning and the Economy submitted a report which updated Members on the progress made on the Bicester Masterplan. In introducing the report, the Lead Member for Planning advised that the Masterplan would be a blueprint for Bicester over the next 30 to 40 years and would be used to update the Bicester chapter of the Core Strategy for the district due for completion in 2012.

 

Gordon Lewis of WYG, the consultants appointed by Cherwell District Council in November 2011 to prepare a Masterplan for Bicester, gave a presentation which updated Executive on progress.

 

Members welcomed the proposal and the substantive progress that had been made. The Executive commended the coordinated approach being taken which took into account the various developments underway in Bicester.  

 

In considering the Masterplan, it was suggested that that to avoid confusion with the North West Bicester Masterplan, the Bicester Masterplan could be referred to as the ‘Bicester Blueprint’. Members commented that they would be keen to see further expansion of sports facilities and that health facilities should be high on the agenda in light of the projected population growth.

 

The Lead Member for Planning explained that the council would be consulting on the Masterplan proposals in the spring. Members stressed the importance of extending the consultation to residents who lived on the outskirts of Bicester and in the surrounding villages. It was important that the council engaged with as wide a cross section as possible. The Chairman encouraged Members to advise officers of any stakeholders they felt the council should engage with.   

 

Resolved

 

(1)               That the issues that have informed the preparation of the Masterplan for Bicester be considered the progress being made be noted. 

 

(2)               That officers be requested to proceed to public consultation and complete the Masterplan by May 2012.

 

Reasons

 

The Bicester Masterplan will be used to update the Bicester chapter of the Core Strategy for the District due for completion in 2012. The Masterplan contains a set of strategic proposals for the future development of the town to ensure the development of the town proceeds in a holistic, planned, coordinated way.

 

Options

 

Option One

To accept the recommendation.

 

Option Two

To continue with a piecemeal approach to development that fails to ensure integration with the existing town or to ensure that opportunities are realised for the benefit of residents and businesses in Bicester.

 

 

7.05 pm

84.

Housing Land Supply Position Statement pdf icon PDF 78 KB

Report of Head of Strategic Planning and the Economy

 

Summary

 

To seek approval of a Position Statement on Housing Land Supply and of active measures to increase housing supply, in view the current shortfall of deliverable housing sites as reported to the Executive on 6 December 2011.

 

Recommendations

 

The Executive is recommended to:

 

(1)               Approve the Housing Land Supply Position Statement for use as a material consideration in the determination of applications for planning permission for ten or more dwellings and in the handling of relevant planning appeals.

 

(2)               Authorise officers to undertake detailed pre-application discussions with interested promoters in the interests of identifying appropriate opportunities for addressing the housing land supply shortfall that accord with the principles set out in the Housing Land Supply Position Statement.

 

(3)               Authorise officers to work proactively with promoters and developers to ensure that all reasonable measures are taken for bringing forward and delivering appropriate sites within required timescales and for ensuring that developments are constructed to high standard;

 

(4)               Instruct officers to ensure that all reasonable opportunities are taken for bringing forward the delivery of sites already approved for new housing development but where development has either not yet commenced or where delivery has stalled.

 

(5)               Instruct officers to actively monitor housing supply and the delivery of specific sites, liaising with promoters and developers as required, and to ensure that the Planning Committee and Executive are informed of any significant change in circumstances.

Additional documents:

Decision:

Recommendations approved

 

Minutes:

The Head of Strategic Planning and the Economy submitted a report which sought approval of a Position Statement on Housing Land Supply and of active measures to increase housing supply, in view the current shortfall of deliverable housing sites as reported to the Executive on 6 December 2011.

 

In introducing the report, the Lead Member for Planning explained that whilst the council had in place planning permission for sufficient housing, as properties were not being built the housing land supply level remained below the required levels in the National Planning Policy Framework. The Position Statement on Housing Land Supply set out how supply could be managed and from where new deliverable housing sites might come forward. Should it be approved, it could be used as a material consideration in the consideration of planning applications and appeals.

 

Members supported the recommendations and principle of the statement noting that it would put the council, as Local Planning Authority, in a stronger position when considering planning applications. Some Members raised concerns that housing land supply figures continued to be based on a more prosperous economic period and had not been adjusted to reflect the downturn in the economy.

 

In response to concern about the status of reserve sites, the Lead Member for Planning explained that the re-emergence of reserve sites was to enable officers and developers to revisit these sites and determine if they would be appropriate for development. When considering a planning application, sustainability rather than housing figures would remain the primary consideration. The Head of Strategic Planning and the Economy confirmed that reserve sites remained reserve sites. The status of reserve sites would be included in the Draft Core Strategy which would be submitted to the Executive for consideration in due course.

 

Resolved

 

(1)               That the Housing Land Supply Position Statement for use as a material consideration in the determination of applications for planning permission for ten or more dwellings and in the handling of relevant planning appeals be approved.

 

(2)               That officers be authorised to undertake detailed pre-application discussions with interested promoters in the interests of identifying appropriate opportunities for addressing the housing land supply shortfall that accord with the principles set out in the Housing Land Supply Position Statement.

 

(3)               That officers be authorised to work proactively with promoters and developers to ensure that all reasonable measures are taken for bringing forward and delivering appropriate sites within required timescales and for ensuring that developments are constructed to high standard;

 

(4)               That officers be instructed to ensure that all reasonable opportunities are taken for bringing forward the delivery of sites already approved for new housing development but where development has either not yet commenced or where delivery has stalled.

 

(5)               That officers be instructed to actively monitor housing supply and the delivery of specific sites, liaising with promoters and developers as required, and to ensure that the Planning Committee and Executive are informed of any significant change in circumstances.

 

Reasons

 

The Housing Land Supply Position Statement is required in  ...  view the full minutes text for item 84.

7.20 pm

85.

Developer Contributions Consultation pdf icon PDF 72 KB

Report of Head of Strategic Planning and the Economy

 

Summary

 

To approve the commencement of a consultation on the Developer Contributions document.

 

Recommendations

 

The Executive is recommended:

 

(1)               To authorise a consultation on the Developer Contributions document.

 

(2)               To endorse the additional actions proposed to strengthen s106 monitoring.

 

Additional documents:

Decision:

Recommendations approved

 

Minutes:

The Head of Strategic Planning and the Economy submitted a report seeking approval the commencement of a consultation on the Developer Contributions document.

 

In introducing the report, the Lead Member for Planning advised that the document would apply to planning applications for 10 or more dwellings and all commercial developments.

 

Resolved

 

(1)               That a consultation on the Developer Contributions document be authorised.

 

(2)               That the additional actions proposed to strengthen s106 monitoring be endorsed.

 

Reasons

 

The Developer Contributions document was agreed by the Executive as a basis for negotiation in May 2011. It was not consulted upon at that time due to the changes to the Planning system being introduced at that time. A public consultation on the document is an important means of ensuring all views have been taken into account and that its purpose and content is appropriate.

 

Options

 

Option One

To continue to use the document while the consultation is conducted.

 

Option Two

Not to consult.

 

 

7.30 pm

86.

Implications of the Localism Act 2011 pdf icon PDF 50 KB

Report of Head of Law and Governance

 

Summary

 

To enable the Executive to receive a summary of the provisions of the Localism Act 2011 and to consider any implications arising at this stage.

 

Recommendations

 

The Executive is recommended to:

 

(1)               Consider the summary of the provisions of the Localism Act 2011 (“the Act”) at Appendix 1.

 

(2)               Identify any implications of the Act that it wishes to consider more fully at a future meeting and request the relevant officers to report back accordingly at the appropriate time.

 

(3)               Notes the intention of officers to take a similar report to the February Council meeting when the mandatory statement of pay policy will also be reported for approval.

 

Additional documents:

Decision:

Recommendations approved, subject to the following amendments to recommendations 2 and 3:

 

(2)               That it be agreed that the following areas be considered more fully: duty to cooperate; Community Infrastructure Levy; Neighbourhood Planning; and, Referendums on Council Tax Increases, and that relevant officers be requested to report back accordingly at the appropriate time.

 

(3)               That the report to the February Council meeting be confined to the statement of pay policy. 

 

 

Minutes:

The Head of Law and Governance submitted a report which presented a summary of the provisions of the Localism Act 2011 and sought consideration of any implications arising at this stage.

 

In introducing the report, the Leader of the Council explained that there was still a lot of detail awaited with regard to the Act. He suggested that the areas of particular interest to Members would be related to the proposed planning reforms, in particular: the duty to cooperate; Community Infrastructure Levy; and, Neighbourhood Planning. Members agreed that relevant officers should be requested to report back more fully on these areas at the appropriate time.

 

In response to the comments of Councillor Sibley, Leader of the Labour Group, the Chairman agreed that officers should also be requested to provide supplementary information on the provision to hold a referendum for excessive council tax.

 

Resolved

 

(1)               That the summary of the provisions of the Localism Act 2011 (“the Act”) be noted.

 

(2)               That it be agreed that the following areas be considered more fully: duty to cooperate; Community Infrastructure Levy; Neighbourhood Planning; and, Referendums on Council Tax Increases, and that relevant officers be requested to report back accordingly at the appropriate time.

 

(3)               That the report to the February Council meeting be confined to the statement of pay policy. 

 

Reasons

 

The Localism Act will clearly have a significant impact on the Council in a number of areas but and consideration of the detailed strategic implications will have to take place at a later date.

 

Options

 

As this report is for information only there are no alternative options to consider.

 

 

7.40 pm

87.

HS2 Update Report pdf icon PDF 85 KB

Report of Head of Strategic Planning and the Economy

 

Summary

 

To receive an update report on the High Speed Rail proposals - HS2.

 

Recommendations

 

The Executive is recommended to:

 

(1)               Approve the proposed actions in response to the government announcement made on 10 January 2012.

 

(2)               Note and endorse the officers’ intention to seek legal advice as part of the 51M consortium on the merits of a possible application for a Judicial Review of the decision to proceed.

Additional documents:

Decision:

Recommendations approved

 

Minutes:

The Head of Strategic Planning and the Economy submitted a report which updated Members on the High Speed Rail proposals - HS2. The report  provided an outline of the response by CDC to the government announcement on 10 January 2012 to proceed with the HS2 proposal and sought consideration of the next steps CDC should take.

 

Resolved

 

(1)               That the proposed actions in response to the government announcement made on 10 January 2012 be approved.

 

(2)               That the officers’ intention to seek legal advice as part of the 51M consortium on the merits of a possible application for a Judicial Review of the decision to proceed be noted and endorsed.

 

Reasons

 

CDC is the Local Planning Authority and the only public body able to respond on matters of detail relating to the route now that it has been confirmed by Government. Failure to discharge this role will leave the District at considerable disadvantage.

 

Options

 

Option One

To agree the recommendations as set out

 

Option Two

To amend the recommendations

 

Option Three

Not to agree the recommendations

 

 

 

 

 

7.50 pm

88.

2011/12 Projected Revenue and Capital Outturn at 31 December 2011 pdf icon PDF 95 KB

Report of Head of Finance and Procurement

 

Summary

 

This report summarises the Council’s Revenue and Capital performance for the 9 months of the financial year 2011/12 and projections for the full 2011/12 period. These are measured by the budget monitoring function and reported via the Performance Management Framework (PMF) informing the 2011/12 budget process currently underway.

 

This report also reviews the treasury performance and procurement action plan performance for the first 9 months of 2011/12.

 

Recommendations

 

The Executive is recommended to:

 

(1)         Note the projected revenue & capital position at December 2011.

 

(2)               Note the Capital Slippage of £9m from the 2011/12 capital programme as detailed in the main body of this report.

 

(3)               Approve the funding of £20k to the Banbury Citizens Advice Bureau Appeals per paragraph 2.9

 

(4)         Note the Q3 treasury performance outlined in paragraph 2.17.

 

(5)               Note progress against the Procurement Action plan detailed in Appendix 1 and the savings recorded in Appendix 2.

 

Additional documents:

Decision:

Recommendations approved

 

Minutes:

The Head of Finance and Procurement submitted a report which summarised the Council’s Revenue and Capital performance for the 9 months of the financial year 2011/12 and projections for the full 2011/12 period. These were measured by the budget monitoring function and reported via the Performance Management Framework (PMF) informing the 2011/12 budget process which was currently underway. The report also reviewed the treasury performance and procurement action plan performance for the first 9 months of 2011/12.

 

Resolved

 

(1)               That the projected revenue & capital position at December 2011 be noted.

 

(2)               That the Capital Slippage of £9m from the 2011/12 capital programme be noted.

 

(3)               That the funding of £20k to the Banbury Citizens Advice Bureau Appeals be approved.

 

(4)         That the Q3 treasury performance be noted.

 

(5)               That progress against the Procurement Action plan and the savings achieved be noted.

 

Reasons

 

This report illustrates the Council’s performance against the 2011/12 Revenue and Capital Budget and includes details of Treasury Performance as at Qtr 3 – December 2011

 

Options

 

Option One

To review current performance levels and considers any actions arising.

Option Two

To approve or reject the recommendations above or request that Officers provide additional information.

 

 

 

8.00 pm

89.

Draft Budget 2012/13 pdf icon PDF 101 KB

Report of Head of Finance and Procurement

 

Summary

 

The Council is required to produce a balanced budget for 2012/13 as the basis for calculating its level of Council Tax.  It has to base that budget on its plans for service delivery during the year, recognising any changes in service demand that may arise in future years.  The first draft was reported to the December 6 2011 Executive meeting.  The information has now been updated to reflect changes since then and, subject to any further changes Members may wish to include tonight, this final draft will be used to prepare a final budget proposal to be presented to full Council on 27 February 2012. 

 

Recommendations

 

The Executive is recommended to:

 

(1)               Approve the changes to the draft budget since 6 December 2011 and consider the draft revenue budget (detailed in Appendix 1) in the context of the Council’s service objectives and strategic priorities.

 

(2)               Approve the surplus of £3,299 be transferred to general fund balances to enable a balanced budget.

 

(3)               Recommend to full council a Council tax freeze or amend the proposals contained within this report to recommend a different level of Council Tax.

 

(4)               Delegate authority to the Head of Finance and Procurement, in consultation with the Lead Member Financial Management and Director of Resources to amend the contributions to or from general fund balances to allow the Council Tax increase to remain at the level recommended by Executive to full council following the announcement of the final settlement figures.

 

(5)               Agree the proposed 2012/13 capital programme (detailed in Appendix 2).

 

(6)               Note the review of earmarked revenue reserves undertaken by the Lead Member Financial Management , the Head of Finance and Procurement and the Director of Resources and approve  re-allocation between various earmarked reserves and creation of one new reserve. (detailed in Appendix 4).

 

(7)               Endorse the draft corporate plan and public pledges and to delegate authority to the Chief Executive in consultation with the Leader of the Council to make any minor amendments to the plan or pledges as required. (detailed in Appendix 5 & 6).

 

(8)               Note the 2012/13 Business Plan and Budget Equality Impact Assessment (detailed in Appendix 7)

 

(9)               Note the latest MTFS financial forecast is currently being refreshed and will be part of the budget book.

 

(10)          Request officers to produce the formal 2012/13 budget book on the basis of Appendices 1-7.

 

(11)          Approve the schedule of Election Fees and Charges as (detailed in Appendix 8.)

 

(12)          Recommend ,subject to any further changes Members may wish to include tonight, the updated draft for adoption by the Council on 27 February 2012 (as a key decision).

 

Additional documents:

Decision:

Recommendations agreed.

Minutes:

The Head of Finance and Procurement submitted a report which provided the second and final opportunity for the Executive to shape and refine the interaction between corporate service plans and financial matters before the final budget would be presented to full Council on 27 February 2012.

 

In presenting the draft budget, the Lead Member for Financial Management reported that whilst the current economic climate presented significant challenges, a balance budget for 2012/13 had been prepared without the need to raise council tax.

 

The Lead Member for Change advised that there would be a minor update to Cherwell District Council Performance Pledges 2012/13 in light of the end of the existing insulation scheme. This would be reflected in the final version of the Pledges that would be presented to full Council on 27 February 2012.

 

The Executive commended the Lead Member for Finance and Finance Team for their hard work in producing a balance budget for 2012/13.

 

Resolved

 

(1)               That the changes to the draft budget since 6 December 2011 be approved and the draft revenue budget (as set out as an annex to the Minutes in the Minute Book) in the context of the Council’s service objectives and strategic priorities be noted.

 

(2)               That the transfer of the surplus of £3,299 to general fund balances to enable a balanced budget be approved.

 

(3)               That a Council tax freeze be recommended to full Council.

 

(4)               That authority be delegated to the Head of Finance and Procurement, in consultation with the Lead Member for Financial Management and Director of Resources, to amend the contributions to or from general fund balances to allow the Council Tax increase to remain at the level recommended by Executive to full council following the announcement of the final settlement figures.

 

(5)               That the proposed 2012/13 capital programme (as set out as an annex to the Minutes in the Minute Book) be approved.

 

(6)               That the review of earmarked revenue reserves undertaken by the Lead Member for Financial Management, the Head of Finance and Procurement and the Director of Resources be noted and re-allocation between various earmarked reserves and creation of one new reserve. (as set out as an annex to the Minutes in the Minute Book) be approved.

 

(7)               That the draft corporate plan and public pledges (as set out as an annex to the Minutes in the Minute Book) be endorsed and authority be delegated to the Chief Executive in consultation with the Leader of the Council to make any minor amendments to the plan or pledges as required.

 

(8)               That the 2012/13 Business Plan and Budget Equality Impact Assessment be noted (detailed in Appendix 7)

 

(9)               That it be noted that the latest MTFS financial forecast was currently being refreshed and would be part of the budget book.

 

(10)          That officers be requested to produce the formal 2012/13 budget book on the basis of Appendices 1-7 (as set out as an annex to the Minutes in the Minute Book).

 

(11)          That the schedule  ...  view the full minutes text for item 89.

90.

Exclusion of the Public and Press

Additional documents:

Decision:

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 of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.

 

Minutes:

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 of business, on the grounds that they could involve the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.

 

91.

Urgent Business - Award of Contract for the Provision of Dry Recycling Services

Any other items which the Chairman has decided is urgent.

Additional documents:

Decision:

Recommendation agreed as set out in the exempt report

Minutes:

The Head of Finance and Procurement and Head of Environmental Services submitted an urgent report which sought approval for the provision of dry waste recycling services to Cherwell District Council.

 

The Lead Member for the Environment commended officers for negotiating a contract which would bring both financial and recycling benefits to the council and district.

 

Resolved

 

That the resolution as set out in the exempt minutes be agreed.