Agenda, decisions and minutes


Executive - Monday 6 December 2021 6.30 pm

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

Contact: Natasha Clark, Democratic and Elections  Email: democracy@cherwell-dc.gov.uk, 01295 221589

Media

Items
No. Item

74.

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:

There were no declarations of interest.

75.

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.

76.

Minutes pdf icon PDF 234 KB

To confirm as a correct record the Minutes of the meeting held on 1 November 2021.

Additional documents:

Minutes:

The minutes of the meeting held on 1 November 2021 were agreed as a correct record and signed by the Chairman.

77.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

There were no Chairman’s announcements.

 

78.

Infrastructure Funding Statement 2020/21 pdf icon PDF 248 KB

Report of Assistant Director – Planning and Development

 

Purpose of report

 

To seek approval of the Council’s Infrastructure Funding Statement 2020/21 for publication and for an accompanying data submission to the Department for Levelling Up, Housing and Communities.

 

Recommendations

            

The meeting is recommended:

 

1.1         To approve the Infrastructure Funding Statement 20/21 at Appendix 1 for publication by 31 December 2021, subject to any final changes considered to be necessary by the Assistant Director – Planning and Development in consultation with the Lead Member for Planning.

 

1.2         To authorise the Assistant Director – Planning and Development to publish and submit the associated Infrastructure Funding Statement data as required by the Department for Levelling Up, Housing and Communities.

 

Additional documents:

Decision:

Resolved

 

(1)           That the Infrastructure Funding Statement 20/21 (Annex to the Minutes as set out in the Minute Book) be approved for publication by 31 December 2021, subject to any final changes considered to be necessary by the Assistant Director – Planning and Development in consultation with the Lead Member for Planning.

 

(2)           That the Assistant Director – Planning and Development be authorised to publish and submit the associated Infrastructure Funding Statement data as required by the Department for Levelling Up, Housing and Communities.

 

Minutes:

The Assistant Director – Planning and Development submitted a report to seek approval of the Council’s Infrastructure Funding Statement 2020/21 for publication and for an accompanying data submission to the Department for Levelling Up, Housing and Communities.

 

Resolved

 

(1)          That the Infrastructure Funding Statement 20/21 (Annex to the Minutes as set out in the Minute Book) be approved for publication by 31 December 2021, subject to any final changes considered to be necessary by the Assistant Director – Planning and Development in consultation with the Lead Member for Planning.

 

(2)          That the Assistant Director – Planning and Development be authorised to publish and submit the associated Infrastructure Funding Statement data as required by the Department for Levelling Up, Housing and Communities.

 

Reasons

 

The publication of an Infrastructure Funding Statement (IFS) is a statutory requirement that provides transparency and accessibility of information about s.106 developer contributions required for the grant of planning permission.  The proposed IFS encapsulates the data that officers propose to publish and submit for 2020/21 to DLUHC to meet that requirement.  The information is considered to be the most robust available at this time.  Officers will prepare a statement annually and continue to develop monitoring systems on an on-going basis.

 

Alternative options

 

Option 1: Not to bring forward an Infrastructure Funding Statement

This is not a lawful option as it would mean that the Council would be in breach of its statutory duty

 

Option 2: Seek review of the key statistics and proposed Infrastructure Funding Statement.

Officers consider that this is not required as the information is the most robust available at this time.

 

79.

Council Tax Reduction Scheme 2022-2023 pdf icon PDF 372 KB

Report of Director of Finance

 

Purpose of report

 

To enable members to consider Council Tax discounts and to seek a recommendation to Council of the proposed levels of Council Tax discounts for the financial year 2022-23.

 

To enable members to consider the banded scheme for Council Tax Reduction and to seek approval to recommend to Council a Council Tax Reduction Scheme for the financial year 2022-23.

 

Recommendations

            

The meeting is recommended:

 

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

 

1.2          To recommend to Council:

 

·         the option of no-change to the Council Tax Reduction Income Banded Scheme for Working Age Customers for 2022-23

·         to amend the Working Age Regulations in line with annual uprating

·         to amend the Council Tax Regulations for pensioners in line with uprating announced by the Department for Levelling Up, Housing and Communities

 

1.3       To recommend to Council the levels of Council Tax discounts and premiums for 2022- 23 remain unchanged and remain as follows

 

·         Retain the discount for second homes at zero

·         Retain the discount for empty homes (unoccupied and substantially unfurnished) at 25% for 6 months and thereafter zero.

·         Retain the empty homes premium of an additional 100% for properties that have remained empty for more than 2 years.

 

Additional documents:

Decision:

Resolved

 

(1)           That the contents of this report and any financial implications for the Council be noted.

 

(2)           That Full Council be recommended to agree:

 

·         the option of no-change to the Council Tax Reduction Income Banded Scheme for Working Age Customers for 2022-23;

·         to amend the 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.

 

(3)           That, having given due consideration,  Full Council be recommended to agree the following levels of Council Tax discounts and premiums for 2022- 23 as follows:

 

·       Retain the discount for second homes at zero

·       Retain the discount for empty homes (unoccupied and substantially unfurnished) at 25% for 6 months and thereafter zero.

·       Retain the empty homes premium of an additional 100% for properties that have remained empty for more than 2 years.

 

Minutes:

The Director of Finance submitted a report to enable members to consider Council Tax discounts and to seek a recommendation to Council of the proposed levels of Council Tax discounts for the financial year 2022-23.

 

The report also enabled members to consider the banded scheme for Council Tax Reduction and to seek approval to recommend to Council a Council Tax Reduction Scheme for the financial year 2022-23.

 

Resolved

 

(1)          That the contents of this report and any financial implications for the Council be noted.

 

(2)          That Full Council be recommended to agree:

 

·            the option of no-change to the Council Tax Reduction Income Banded Scheme for Working Age Customers for 2022-23;

·            to amend the 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.

 

(3)          That, having given due consideration,  Full Council be recommended to agree the following levels of Council Tax discounts and premiums for 2022- 23 as follows:

 

·         Retain the discount for second homes at zero

·         Retain the discount for empty homes (unoccupied and substantially unfurnished) at 25% for 6 months and thereafter zero.

·         Retain the empty homes premium of an additional 100% for properties that have remained empty for more than 2 years.

 

Reasons

 

The current scheme is understood by customers and has enabled them to budget for their council tax payments. One of the main advantages of the banded scheme is that it reduces the number of changes that the customer will experience enabling more effective personal budgeting. A revision to the scheme would yield a limited financial benefit to the Council but would increase the customer’s council tax payable. There is still a degree of financial uncertainty for some customers and in the current financial climate the existing scheme should be retained.

 

Alternative option

 

Option 1: To undertake a review of the current CTRS

A revision to the scheme would yield a limited financial benefit to the Council but would increase the customer’s council tax payable. There is still a degree of financial uncertainty for some customers and in the current financial climate the existing scheme should be retained.

 

 

80.

Monthly Performance, Risk and Finance Monitoring Report pdf icon PDF 790 KB

Report of Director of Finance and Head of Insight and Corporate Programmes

 

Purpose of report

 

This report summarises the Council’s Performance, Risk and Finance monitoring positions as at the end of October 2021.

 

Recommendations

            

The meeting is recommended:

 

1.1       To note the monthly Performance, Risk and Finance Monitoring Report

 

1.2       To approve the changes in use of reserves as set out in Appendix 6.

 

Additional documents:

Decision:

Resolved

 

(1)           That the monthly Performance, Risk and Finance Monitoring Report be noted.

 

(2)           That the changes in uses of reserves as set out in the Annex to the Minutes (as set out in the Minute Book – appendix 6 of the report) be approved.

Minutes:

The Director of Finance and Head of Insight and Corporate Programmes submitted a report which summarised the Council’s Performance, Risk and Finance monitoring positions as at the end of October 2021.

 

Resolved

 

(1)          That the monthly Performance, Risk and Finance Monitoring Report be noted.

 

(2)          That the changes in uses of reserves as set out in the Annex to the Minutes (as set out in the Minute Book) be approved.

 

Reasons

 

This report provides an update on progress made during October 2021, to deliver the Council’s priorities through reporting on Performance, Leadership Risk Register and providing an update on the Financial Position. The Council is committed to performance, risk and budget management and reviews progress against its corporate priorities on a monthly basis. Executive is recommended to agree a change in the use of reserves in accordance with the Council’s Financial Procedure Rules

 

Alternative options

 

Option 1: This report illustrates the Council’s performance against the 2021-22 Business Plan. Regarding the monitoring aspects of the report, no further options have been considered. However, members may wish to request that officers provide additional information. Regarding the recommendation to approve changes in use of reserves, members could choose not to reject the change of use, however, the request is in accordance with the councils Financial Procedure Rules and within existing budgets.

81.

Graven Hill Development Company (Dev Co) - Request for s38 agreement (Highways Act 1980) works bonds relating to highway infrastructure delivered by Dev Co. pdf icon PDF 369 KB

Report of Shareholder Representative

 

Purpose of report

 

To bring to the attention of the Executive the request from Graven Hill Village Development Company Ltd (Dev Co) for the Council to act as surety in two performance bonds for roadway infrastructure works to be undertaken by Dev Co under section 38 of the Highways Act 1980.

 

Recommendations

            

The meeting is recommended:

 

1.1       To approve in principle that the Council act as surety for Dev Co in respect of two performance bonds (up to the sum referred to in Exempt Appendix 1 to this report) relating to the construction of highway works by Dev Co pursuant to agreements between Dev Co and Oxfordshire County Council (as local highway authority) to be made under section 38 of the Highways Act 1980.

 

1.2       To delegate to the Shareholder Representative authority to agree the formal documentation in relation to the bonds, in consultation with the s.151 Officer and the Monitoring Officer.

 

1.3       To agree that Dev Co be requested to pay to the council 1% of the value of the agreed bonds for use of the facility.

 

Additional documents:

Decision:

Resolved

 

(1)           That it be approved, in principle, that the Council act as surety for Dev Co in respect of two performance bonds (up to the sum referred to in exempt Annex to the Minutes, as set out in the Minute Book) relating to the construction of highway works by Dev Co pursuant to agreements between Dev Co and Oxfordshire County Council (as local highway authority) to be made under section 38 of the Highways Act 1980.

 

(2)           That authority be delegated to the Shareholder Representative authority to agree the formal documentation in relation to the bonds, in consultation with the s.151 Officer and the Monitoring Officer.

 

(3)           That it be agreed that Dev Co be requested to pay to the council 1% of the value of the agreed bonds for use of the facility.

 

Minutes:

The Shareholder Representative submitted a report to bring to the attention of the Executive the request from Graven Hill Village Development Company Ltd (Dev Co) for the Council to act as surety in two performance bonds for roadway infrastructure works to be undertaken by Dev Co under section 38 of the Highways Act 1980.

 

Resolved

 

(1)          That it be approved, in principle, that the Council act as surety for Dev Co in respect of two performance bonds (up to the sum referred to in exempt Annex to the Minutes, as set out in the Minute Book) relating to the construction of highway works by Dev Co pursuant to agreements between Dev Co and Oxfordshire County Council (as local highway authority) to be made under section 38 of the Highways Act 1980.

 

(2)          That authority be delegated to the Shareholder Representative authority to agree the formal documentation in relation to the bonds, in consultation with the s.151 Officer and the Monitoring Officer.

 

(3)          That it be agreed that Dev Co be requested to pay to the council 1% of the value of the agreed bonds for use of the facility.

 

Reasons

 

Through agreeing with the recommendations in this report the council is ensuring that Dev Co can act swiftly to meet its aims and delivery objectives in relation to the highway works and in doing so safeguard the council’s investment and return on investment.

 

Alternative options

 

Option 1: Not to give a performance bond.  This has been dismissed by officers on the grounds that performance bonds are prerequisites for entering section 38 adoption agreements with the county council, and that, by giving a performance bond to a company in which the council has a stake, the council is acting in no less a manner than a parent company would in relation to a subsidiary. 

 

 

82.

Urgent Business

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

Additional documents:

Minutes:

There were no items of urgent business.

83.

Exclusion of the Press and Public

The following items contain exempt information as defined in the following paragraph 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 items have been marked as exempt, it is for the meeting to decide whether or not to consider them in private or in public. In making the decision, members should balance the interests of individuals and the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

 

No representations have been received from the public requesting that this item be considered in public.

 

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

 

“That under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following items of business on the ground that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part 1, Paragraph 3 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

 

 

 

Additional documents:

Minutes:

Resolved

 

That under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following items of business on the ground that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part 1, Paragraph 3 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

84.

Graven Hill Development Company (Dev Co) - Request for s38 agreement (Highways Act 1980) works bonds relating to highway infrastructure delivered by Dev Co. - Exempt Appendix

Decision:

Resolved

 

(1)           That the exempt appendix be noted.

Minutes:

Resolved

 

(1)           That the exempt appendix be noted.

85.

Service Review of Leisure Facilities Design, Build, Operate and Maintain (DBOM) Contract

Exempt report of Corporate Director Customer Services, Organisational Development and Resources

Decision:

Resolved

 

(1)          As set out in the exempt decisions

 

(2)          As set out in the exempt decisions

 

(3)          As set out in the exempt decisions

 

(4)          As set out in the exempt decisions

 

(5)          As set out in the exempt decisions

 

(6)          As set out in the exempt decisions

Minutes:

The Corporate Director of Customers and Organisational Development submitted an exempt report regarding a service review of the Leisure Facilities Design, Build, Operate and Maintain (DBOM) contract.

 

Resolved

 

(1)          As set out in the exempt minutes.

 

(2)          As set out in the exempt minutes.

 

(3)          As set out in the exempt minutes.

 

(4)          As set out in the exempt minutes.

 

(5)          As set out in the exempt minutes.

 

(6)          As set out in the exempt minutes.

 

Reasons

 

As set out in the exempt minutes.

 

Alternative options

 

As set out in the exempt minutes.