Agenda, decisions and draft minutes


Executive - Monday 10 January 2022 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

86.

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.

87.

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.

88.

Minutes pdf icon PDF 238 KB

To confirm as a correct record the Minutes of the meeting held on 6 December 2021.

Additional documents:

Minutes:

The minutes of the meeting held on 6 December 2021 were agreed as a correct record and signed by the Chairman.

89.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

The Chairman explained that in light of the current COVID restrictions, the meeting was being held as a hybrid meeting with four Executive Members attending in person and six Executive members attending virtually. Only those Executive members attending in person could propose, second and vote on items but all Executive members could speak on items.  

 

90.

Annual Monitoring Report 2021 pdf icon PDF 499 KB

(Due to the size of the documents, the appendices to the report are published as supplements to the main Executive agenda)

 

Report of Assistant Director – Planning and Development

 

Purpose of report

 

To seek approval of the Annual Monitoring Report (AMR) 2021, and to present the District’s current housing land supply position. 

 

To seek approval of the Housing Delivery Action Plan to assist the Councils approach to housing land supply.

 

To seek approval of accompanying updates to the Local Plan’s Infrastructure Delivery Plan and the Brownfield Land Register.

 

Recommendations

 

The meeting is recommended:

 

1.1         To approve for publication the 2021 Annual Monitoring Report (AMR) presented at Appendix 1.

 

1.2         To note the district’s housing delivery and five-year housing land supply positions (for conventional housing and for Gypsies and Travellers) at Section 5 of the AMR and the need for updating of the land supply positions should these materially change, including consideration of the Vale of White Horse Council’s 3 December 2021 Cabinet decision relating to the Regulation 10A review of its Part 1 Plan.

 

1.3         To approve for publication the 2021 Infrastructure Delivery Plan (IDP) update presented at Appendix 2.

 

1.4         To approve for publication the 2021 Brownfield Land Register (BLR) presented at Appendix 3.

 

1.5         To authorise the Assistant Director - Planning and Development in consultation with the Lead Member for Planning to make any necessary minor and presentational changes to the Annual Monitoring Report, Infrastructure Delivery Plan update, Brownfield Land Register and Housing Delivery Action Plan, if required prior to publication.

 

Additional documents:

Decision:

Resolved

 

(1)          That the 2021 Annual Monitoring Report (AMR) (Annex to the Minutes as set out in the Minute Book) be approved for publication.

 

(2)          That the district’s housing delivery and five-year housing land supply positions (for conventional housing and for Gypsies and Travellers) at Section 5 of the AMR and the need for updating of the land supply positions should these materially change, including consideration of the Vale of White Horse Council’s 3 December 2021 Cabinet decision relating to the Regulation 10A review of its Part 1 Plan, be noted.

 

(3)          That the publication the 2021 Infrastructure Delivery Plan (IDP) update (Annex to the Minutes as set out in the Minute Book) be approved for publication.

 

(4)          That the 2021 Brownfield Land Register (BLR) (Annex to the Minutes as set out in the Minute Book) be approved for publication.

 

(5)          That the Assistant Director - Planning and Development in consultation with the Lead Member for Planning, be authorised to make any necessary minor and presentational changes to the Annual Monitoring Report, Infrastructure Delivery Plan update, Brownfield Land Register and Housing Delivery Action Plan, if required prior to publication.

 

Minutes:

The Assistant Director – Planning and Development submitted a report to seek approval of the Annual Monitoring Report (AMR) 2021, and to present the District’s current housing land supply position.  The report also sought approval of the Housing Delivery Action Plan to assist the Councils approach to housing land supply and of accompanying updates to the Local Plan’s Infrastructure Delivery Plan and the Brownfield Land Register.

 

On behalf of Executive, the Chairman thanked the Planning Policy team for their hard work producing the four documents.

 

Resolved

 

(1)          That the 2021 Annual Monitoring Report (AMR) (Annex to the Minutes as set out in the Minute Book) be approved for publication.

 

(2)          That the district’s housing delivery and five-year housing land supply positions (for conventional housing and for Gypsies and Travellers) at Section 5 of the AMR and the need for updating of the land supply positions should these materially change, including consideration of the Vale of White Horse Council’s 3 December 2021 Cabinet decision relating to the Regulation 10A review of its Part 1 Plan, be noted.

 

(3)          That the publication the 2021 Infrastructure Delivery Plan (IDP) update (Annex to the Minutes as set out in the Minute Book) be approved for publication.

 

(4)          That the 2021 Brownfield Land Register (BLR) (Annex to the Minutes as set out in the Minute Book) be approved for publication.

 

(5)          That the Assistant Director - Planning and Development in consultation with the Lead Member for Planning, be authorised to make any necessary minor and presentational changes to the Annual Monitoring Report, Infrastructure Delivery Plan update, Brownfield Land Register and Housing Delivery Action Plan, if required prior to publication.

 

Reasons

 

The Annual Monitoring Report provides important information to measure the effectiveness of planning policies and to assist policy making and development management decision making.  It is the statutory mechanism for monitoring housing delivery. Its most significant conclusion is that despite a continued relatively high level of housing delivery, the district is presently unable to demonstrate a five-year housing land supply. The AMR is therefore accompanied by an updated 2021 Infrastructure Delivery Plan and a 2021 Brownfield Land Register, which must be reviewed annually, are also presented for approval.

 

It is recommended that all four documents be approved for publication.

 

Alternative options

 

Option 1: Amendment of the: 2021 Annual Monitoring Report, Infrastructure Delivery Plan, Brownfield Land Register.

Officers consider the documents to be robust, supported by data and research.  Delay could lead to uncertainty within the development industry and risks for decision making.

 

Option 2: Not to approve the documents for publication

Production of an Authorities Monitoring Report is a statutory requirement.

The AMR is necessary to monitor implementation of the Local Plan. Updating the Brownfield Land Register is also a statutory requirement.  The Infrastructure Delivery Plan is required to monitor and support delivery of the adopted Cherwell Local Plan 2011-2031.

 

 

91.

2020-2022 Community Nature Plan Progress Update pdf icon PDF 455 KB

Report of Assistant Director - Wellbeing

 

Purpose of report

 

To provide a progress update for the 2020-2022 Community Nature Plan and its approach to addressing the Council’s statutory biodiversity duty.

 

Recommendations

            

The meeting is recommended:

 

1.1         To note the 2020-2022 Community Nature Plan progress report and its

approach to addressing the Council’s statutory biodiversity duty.

 

1.2         To recognise the essential role of key partners in the delivery of the Community Nature Plan.

 

1.3         To note that the development of the 2022-2024 Community Nature Plan (CNP) will include an all-member seminar in 2022 involving planners, as requested by the Overview and Scrutiny Committee in December 2020, and that the implications of the provisions of the Environment Act will be            taken into account in this next iteration of the Community Nature Plan.

Additional documents:

Decision:

Resolved

 

(1)          That the 2020-2022 Community Nature Plan progress report and its approach to addressing the Council’s statutory biodiversity duty be noted.

 

(2)          That the essential role of key partners in the delivery of the Community     

           Nature Plan be recognised.

 

(3)          That it be noted that the development of the 2022-2024 Community Nature Plan (CNP) will include an all-member seminar in 2022 involving planners, as requested by the Overview and Scrutiny Committee December 2020 and the implications of the provisions of the Environment Act will be taken into account in this next iteration of the Community Nature Plan.

Minutes:

The Assistant Director – Wellbeing submitted a report to provide a progress update for the 2020-2022 Community Nature Plan and its approach to addressing the Council’s statutory biodiversity duty.

 

Resolved

 

(1)          That the 2020-2022 Community Nature Plan progress report and its approach to addressing the Council’s statutory biodiversity duty be noted.

 

(2)          That the essential role of key partners in the delivery of the Community     

           Nature Plan be recognised.

 

(3)          That it be noted that the development of the 2022-2024 Community Nature Plan (CNP) will include an all-member seminar in 2022 involving planners, as requested by the Overview and Scrutiny Committee December 2020 and the implications of the provisions of the Environment Act will be taken into account in this next iteration of the Community Nature Plan.

 

Reasons

 

Restoring and enhancing the natural environment and green spaces for the benefit of people and wildlife is a crucial element of important development and economic decisions. Failure to recognise and assess the multiple benefits of the natural environment will affect community health and wellbeing, important habitats and species and future economic growth. This report seeks approval for recommendations which support plans and organisations that will assist the Council to protect and improve the District’s natural environment and ensure that it remains healthy for people and wildlife.

 

Alternative options

 

Option 1: To reject the Community Nature Plan 2020-22 progress update and the recommendations in the report

This is not proposed as, without the Plan’s progress update, the Council would not be able to demonstrate that it is meeting its NERC Act biodiversity duty and complying with its obligations relating to important wildlife sites, habitats and species under European and national legislation as well as the National Planning Policy Framework (NPPF)

 

92.

Fixed Penalty Notices pdf icon PDF 372 KB

Report of Assistant Director – Regulatory Services and Community Safety

 

Purpose of report

 

To review and agree the fixed penalty notice fines that can be charged for various environmental crimes.

 

Recommendations

 

The meeting is recommended:

 

1.1       To consider and determine the fixed penalty notice fine levels for certain environmental crimes enforced by the council.

 

Additional documents:

Decision:

Resolved

 

(1)          That, having given due consideration, the following fixed penalty notice fine levels for certain environmental crimes enforced by the council be agreed:

 

Description of offence

Penalty

Penalty if paid

within 10 days

Unauthorised deposit of waste (fly tipping)

£400

£240

Failure in household duty of care

£300

£180

Depositing litter

£100

£75

Failure to remove dog faeces from designated land

£100

£75

 

 

 

Minutes:

The Assistant Director – Regulatory Services and Community Safety submitted a report to review and agree the fixed penalty notice fines that can be charged for various environmental crimes.

 

Resolved

 

(1)          That, having given due consideration, the following fixed penalty notice fine levels for certain environmental crimes enforced by the council be agreed:

 

Description of offence

Penalty

Penalty if paid

within 10 days

Unauthorised deposit of waste (fly tipping)

£400

£240

Failure in household duty of care

£300

£180

Depositing litter

£100

£75

Failure to remove dog faeces from designated land

£100

£75

 

Reasons

 

The Environmental Protection Act 1990 provides that local authorities can issue a fixed penalty notice to a person believed to have committed specified environmental offences. Fixed penalties can be an effective and visible way of responding to environmental crimes and provide a quicker and proportionate alternative to prosecution through the courts. They allow the person believed to have committed an offence the opportunity to discharge their liability to conviction for that offence by payment of a fixed penalty. However, if an alleged offender does not pay a fixed penalty fine the matter would be put forward for prosecution for the original offence.

 

The receipts from fixed penalties can be retained by the council and used to support the investigation of environmental offences.

 

Alternative options

 

Option 1: To leave the fixed penalty fine levels unchanged at current levels. This option was rejected as the current fine levels do not reflect the seriousness of the offences or the Council’s costs for investigating the offences.

 

Option 2: To not issue fixed penalty notices but to proceed with prosecutions. This option was rejected because issuing a fixed penalty notice is a proportionate approach for dealing with lesser offences in accordance with the Council’s Enforcement Policy. The income from fixed penalties can be also be retained by the council and used to support the investigation of environmental offences.

 

93.

Member Champion Review pdf icon PDF 380 KB

Report of Director – Law and Governance

 

Purpose of report

 

To consider the findings of the Member Champion Review.

 

Recommendations

            

The meeting is recommended:

 

1.1       To merge the roles of heritage and design Member Champion with the Lead Member for Planning portfolio, and the generations together Member Champion with the Lead Member for Wellbeing portfolio, taking effect from the 2022-2023 Municipal Year.

 

1.2       To retain the Military Member Champion role, to be appointed annually. 

 

1.3       That the Terms of Reference for Member Champions be amended as shown in appendix 3, taking effect from the 2022-2023 Municipal Year.

 

Additional documents:

Decision:

Resolved

 

(1)          That the roles of heritage and design Member Champion with the Lead Member for Planning portfolio, and the generations together Member Champion with the Lead Member for Wellbeing portfolio, taking effect from the 2022-2023 Municipal Year.

 

(2)          That the Military Member Champion role, to be appointed annually, be retained.

 

(3)          That the Terms of Reference for Member Champions be amended as set out in the Annex to the minutes (as set out in the Minute Book), taking effect from the 2022-2023 Municipal Year.

 

Minutes:

The Director of Law and Governance submitted a report to consider the findings of the Member Champion Review.

 

Resolved

 

(1)          That the roles of heritage and design Member Champion with the Lead Member for Planning portfolio, and the generations together Member Champion with the Lead Member for Wellbeing portfolio, taking effect from the 2022-2023 Municipal Year.

 

(2)          That the Military Member Champion role, to be appointed annually, be retained.

 

(3)          That the Terms of Reference for Member Champions be amended as set out in the Annex to the minutes (as set out in the Minute Book), taking effect from the 2022-2023 Municipal Year.

 

Reasons

 

Taking into account the feedback from Councillors Clarke and McHugh, it is recommended to merge the roles of heritage and design Member Champion with the Lead Member for Planning portfolio, and the generations together Member Champion with the Lead Member for Wellbeing portfolio, taking effect from the 2022-2023 Municipal Year.

 

The Assistant Director – Planning and Development has confirmed that the removal of the design and heritage Champion roles would not cause any operational issues, as all aspects of design and heritage are discussed with Councillor Clarke in his role as Lead Member for Planning.

 

It is recommended that the Military Member Champion role remains in place, to be appointed annually via a report to Executive which also appoints representatives to Outside Bodies. 

 

Terms of Reference for Member Champions are recommended to remain broadly the same as initially introduced, subject to amendments as shown in appendix 3. Text shown in italics are proposed inclusions, with text struck through being proposed deletions.

 

Alternative options

 

Option 1: To retain all Member Champion roles, appointing non-Executive Members to the positions. This is rejected, as the changing Council priorities have aligned the Champion roles with Lead Member portfolios, except the Military Member Champion, as evidenced through discussions with the existing Champions. Maintaining a Champion role alongside the Executive Lead Member portfolio would be duplicating work

 

Option 2: To abolish/cease all Member Champion roles. This is also rejected, as removing the Military Champion role would give an impression of not giving due priority to the military community

 

94.

Council Tax Base 2022-2023 pdf icon PDF 281 KB

Report of Director of Finance

 

Purpose of report

 

To provide Council Tax Base for 2022-2023

 

Recommendations

 

The meeting is recommended:

 

1.1      That the report of the Director of Finance for the calculation of the Council’s Tax Base for 2022-2023 be agreed and:

 

(a)       That pursuant to the Director of Finance’s report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by Cherwell District Council as its Council Tax Base for the year 2022-2023 shall be 56,801.6

 

(b)       As for the parishes which form part of its area shown in Appendix 1, the amount calculated as the Council Tax Base for the year 2022-2023 in respect of special items shall be as indicated in the column titled Tax Base 2022-2023.

 

(c)       As for the Flood Defence Areas which form part of its area, the amount calculated as the Council Tax Base for the year 2022-2023 for the purposes of levies on Oxfordshire County Council by River Authorities, shall be:

 

Thames Flood Defence Area                 

Anglian (Great Ouse) Flood Defence Area

Severn Region Flood Defence Area                   

TOTAL                                                         

54,450.4

1,901.3

449.9

56,801.6

 

Additional documents:

Decision:

Resolved

 

(1)          That the report of the Director of Finance for the calculation of the Council’s Tax Base for 2022-2023 be agreed and:

 

(a)       That pursuant to the Director of Finance’s report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by Cherwell District Council as its Council Tax Base for the year 2022-2023 shall be 56,801.6

 

(b)       As for the parishes which form part of its area shown in the Annex to the Minutes (As set out in the Minute Book), the amount calculated as the Council Tax Base for the year 2022-2023 in respect of special items shall be as indicated in the column titled Tax Base 2022-2023.

 

(c)       As for the Flood Defence Areas which form part of its area, the amount calculated as the Council Tax Base for the year 2022-2023 for the purposes of levies on Oxfordshire County Council by River Authorities, shall be:

 

Thames Flood Defence Area                 

Anglian (Great Ouse) Flood Defence Area

Severn Region Flood Defence Area                   

TOTAL                                                         

54,450.4

1,901.3

449.9

56,801.6

 

 

Minutes:

The Director of Finance submitted a report to provide Council Tax Base for 2022-2023.

 

Resolved

 

(1)          That the report of the Director of Finance for the calculation of the Council’s Tax Base for 2022-2023 be agreed and:

 

(a)       That pursuant to the Director of Finance’s report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by Cherwell District Council as its Council Tax Base for the year 2022-2023 shall be 56,801.6

 

(b)       As for the parishes which form part of its area shown in the Annex to the Minutes (As set out in the Minute Book), the amount calculated as the Council Tax Base for the year 2022-2023 in respect of special items shall be as indicated in the column titled Tax Base 2022-2023.

 

(c)       As for the Flood Defence Areas which form part of its area, the amount calculated as the Council Tax Base for the year 2022-2023 for the purposes of levies on Oxfordshire County Council by River Authorities, shall be:

 

Thames Flood Defence Area                  

Anglian (Great Ouse) Flood Defence Area

Severn Region Flood Defence Area                   

TOTAL                                                         

54,450.4

1,901.3

449.9

56,801.6

 

Reasons

 

For the purposes of Section 31B of the Local Government Finance Act 1992 and the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the Council is required to calculate the tax base (which will be used for tax setting purposes in February 2022) in respect of:

 

(a)        the whole of its area and;

(b)        for any parts of its area for the purposes of:

(i)            Apportioning precepts and levies and;

(ii)          Calculating the tax base for each area subject to a special item

 

Alternative options

 

There are no alternative options. The Council has to set a tax base in order to set its council tax for 2022-2023.

95.

Monthly Performance, Risk and Finance Monitoring Report pdf icon PDF 1 MB

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 November 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 detailed at Appendix 7.

 

Additional documents:

Decision:

Resolved

 

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

 

(2)          That the following change in use of reserves (specific request) be approved:

 

Directorate

Type

Description

Reason

Amount £m

Finance

Earmarked

Transformation Reserve

Engagement on partnership working

0.047

 

 

 

Total Earmarked Reserves

0.047

 

 

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 November 2021.

 

Resolved

 

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

 

(2)          That the following change in use of reserves (specific request) be approved:

 

Directorate

Type

Description

Reason

Amount £m

Finance

Earmarked

Transformation Reserve

Engagement on partnership working

0.047

 

 

 

Total Earmarked Reserves

0.047

 

Reasons

 

This report provides an update on progress made during November 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.

96.

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.