Agenda, decisions and minutes

There were no declarations of interest.

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

Black History Month

The Chairman made the following statement: “This month, October is Black History Month, a time to recognise and celebrate the invaluable contributions of Black people to our society. It is also a time for institutions and organisations to reflect on their progress in addressing inequality. I am honoured to be celebrated by this council as its first black councillor and chairman. As a local council, we share huge responsibilities in building a healthy society – a society where everyone feels valued and represented irrespective of their identity. I am proud of this council for promoting such a society. I am sure we do acknowledge that there is more to do.”

Members’ Allowances Survey

The Chairman referred to the annual survey on Members’ allowances. A paper copy had been given to all councillors and a link to complete the survey

online would be emailed.

All councillors were encouraged to complete the survey as the feedback was valued by the Independent Remuneration Panel when considering its recommendations on Members’ Allowances. The Panel’s recommendations for the 2025/26 Scheme would be submitted to the 24 February 2025 Council meeting.

Polling Place Review

All Members would be sent a link to the polling place review consultation. The cross-party Polling Place and Boundary Review working group would consider all consultation responses and the final report and recommendations would be submitted to the 16 December Council meeting.

Cherwell Boundary Review – Briefing

The Local Government Boundary Commission for England would be holding a virtual briefing for all district councillors at 7pm on Wednesday 30 October.

Chairman’s Engagements

A copy of the events attended by the Chairman was published with the agenda.

The Chairman reminded Members that invitations for his fundraising dinner to raise money for his charity, Oxfordshire Mind, had been sent and he hoped many Members would be able to attend or consider a donation if they were unable to attend.

The Chairman referred to the service of Thanksgiving and Remembrance of the Battle of Britain he had attended in September commenting that the event in Banbury had been very nice and well organised/

The Chairman referred to the Cherwell Business Awards he had attended commenting that the event was very impressive and demonstrated that Cherwell was a great place to live and do business. The Chairman congratulated all winners and commended the organisers.

Meeting Length

Due to the length of the agenda, out of courtesy to other Members, the Chairman asked Members to remain in their seat during items and advised, if needed, he  would adjourn the meeting to allow for a comfort break at a suitable point. 

Members’ Pigeon Holes

Members were reminded to check their pigeon hole and take any post.

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

Addresses may be presented by:

·         A Local Government elector for the area,

·         A person who is wholly or mainly resident in the area,

·         A Council Taxpayer or National Non-Domestic Ratepayer for the area

Addresses must be on an item on this meeting agenda and must not exceed 5 minutes. No person may address more than one meeting on any particular issue.

Requests to address the meeting (including the agenda item and reason for the address) should be submitted to democracy@cherwell-dc.gov.uk  The deadline for requests to address this meeting is noon on Friday 18 October 2024.

The deadline to present a petition to this meeting has passed.

Full details of public participation at meetings is available in the Constitution.

There were no petitions.

The Chairman advised Council that one request to address the meeting had been received in accordance with the Constitution. Local resident, Geoff Taylor, had requested to address the meeting on the Campsfield House Immigration Detention Centre, Kidlington motion. The Chairman explained he would invite Mr Taylor to address the meeting prior to Council considering the motion.

To confirm as a correct record the Minutes of Council held on 15 July 2024.

The minutes of the meeting held on 15 July 2024 were agreed as a correct record and signed by the Chairman.

a)         Minutes of Executive, Portfolio Holder Decisions and Executive Decisions not included in the 28 day notice

The Leader of the Council to formally propose that the minutes of the meetings of the Executive and Portfolio Holder Decisions as set out in the Minute Book (circulated separately) be received and to report that since the last meeting of Council held on 15 July 2024, one key and exempt decision had been taken which was not included in the 28 day notice relating to a Castle Quay lease.

b)         Minutes of Committees

The Leader of the Council to formally propose that the minutes of committees as set out in the Minute Book (circulated separately) be received.

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

Resolved

That the minutes of the meeting of the Executive and Portfolio Holder decisions as set out in the Minute Book be received and that it be noted that since the last meeting of Council at which this was reported on 15 July 2024, one key or exempt decision had been taken by the Executive which was not included in the 28 day notice and related to a Castle Quay lease.

b)           Minutes of Committees

Resolved

That the minutes of Committees as set out in the Minute Book be received.

a)         Written Questions

            No written questions have been submitted with advance notice in accordance with the Constitution.

b)         Questions to the Leader of the Council

The Chairman to invite questions to the Leader of the Council (including any matters arising from the minutes).

Following a response to their question being provided Members will be entitled to a follow up or supplementary question.

c)         Questions to Committee Chairmen on the Minutes

The Chairman to invite questions to Chairmen of Committees on any matter arising from the minutes of their committee (if any).

a) Written Questions

There were no written questions.

b) Questions to the Leader of the Council

Questions were asked and answers received on the following issues:

Councillor Cherry: Garages owned by Sanctuary Housing in Banbury Ruscote

Councillor Biegel: Flytipping, prevention and enforcement  

Councillor Wood: Invitation to the new Housing Minister to visit Graven Hill

Councillor Hodgson: Further strengthening of Banbury flood defences

Councillor Clarke MBE: Black History Month

Councillor Mallon: Councillor diversity

c) Questions to Committee Chairmen on the Minutes

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

The following item of business 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 item has been marked as exempt, it is for the meeting to decide whether or not to consider it 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 from 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 and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

Resolved

That, in accordance with Section 100A(4) of Local Government Act 1972, the press and public be excluded from 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 and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Exempt report of Assistant Director Property

Recommendation agreed as set out in the exempt report

The Assistant Director Property submitted an exempt report which sought approval of additional budget to meet a project overspend on the Castle Quay Office project. The increased capital budget requested was £645,800.

Resolved

(1)          That the forecast overspend be noted and an increase in the Capital Programme of £645,800 towards the delivery of Castle Quay relocation of offices project be approved in order to authorise expenditure for the project. 

The meeting is recommended to resolve to readmit the press and public to the meeting.

Resolved

(1)          That the press and public be readmitted to the meeting.

The Conservative Group Leader, Councillor Reeves, has notified the Proper Officer of the following amendment to Conservative Group committee membership:

Budget Planning Committee

Remove: Councillor Kieron Mallon

Add: Councillor Barry Wood

Recommendation

Council resolves:

1.1       To note the Conservative Group committee membership amendment.

Resolved

(1)          That the following Conservative Group committee membership amendment be noted:

Budget Planning Committee

Remove: Councillor Kieron Mallon

Add: Councillor Barry Wood

Resolved

(1)          That the following Conservative Group committee membership amendment be noted:

Budget Planning Committee

Remove: Councillor Kieron Mallon

Add: Councillor Barry Wood

To debate the following motions which have been submitted with advance notice, in accordance with the Constitution (to be debated in the order submitted).

Please note that the deadline to submit motions has passed. The deadline for Members to submit amendments to motions is noon on Thursday 17 October 2024. No amendments will be permitted after this deadline.

Any amendments submitted will be published as a supplement to the agenda on the afternoon of Friday 18 October 2024. Amendments for motions will be dealt with in the order submitted. 

Resolved

(1)            That the following motion be adopted:

Winter Fuel Payments

“This Council deplores the government’s precipitous decision to cut Winter Fuel Payments (WFPs) ahead of its budget on 30 October 2024.  

Age UK estimates that the government’s changes to WFPs could adversely affect as many as two million pensioners across the country, many of whom need support to stay warm this winter. In the Banbury constituency alone, 17,638 pensioners are set to be affected by the decision.

This Council resolves to request that:

(i)              the Executive launch a countywide awareness campaign working with our fellow City and District Councils, Oxfordshire County Council, local NHS partners, and charitable, civic and religious groups, to encourage elderly residents who are eligible for means-tested benefits such as Pension Credit to register and claim them to ensure that they continue to receive WFPs this Winter;

(ii)             the Leader of the Council writes to the Chancellor of the Exchequer, urging a review of the government’s decision to means-test WFPs without public consultation and asking HM Treasury to ensure that vulnerable pensioners, particularly those who are eligible for, but who do not – or cannot – claim, other benefits under current thresholds are protected from fuel poverty in her forthcoming budget; and

(iii)           the Executive builds on the Council’s notable successes in tackling food insecurity and providing community food grants by prioritising monies within its current and/or the 2025/6 budget to ensure that pensioners who are in genuine hardship, but who are not otherwise eligible for other government support, are helped through the Winter.”

(2)            That the following motion be adopted:

‘Primary Care’ health services across North Oxfordshire

“This Council recognises the need to improve ‘Primary Care’ health services across North Oxfordshire.

Primary Care expansion is the remit of the Buckinghamshire, Oxfordshire and Berkshire West Integrated Care System Board (‘BOBICS’) whose Primary Care Estates Strategy acknowledges the scale of developer contributions that are available to support such vital public services.

Regrettably, since the adoption of the Supplementary Planning Document in 2018, it is estimated that only 15% of funds available have been requested and secured within the Cherwell District Council area. This must improve.

Accordingly, this Council request that its Leader writes to the Chief Executive of BOBICS, copied to its Place Director for Oxfordshire and its Senior Primary Care Estate Manager, to request that it:

(i)              more consistently requests developer contributions on all planning applications of 10 or more dwellings;

(ii)             considers using this funding in part for ICT Infrastructure to support primary care expansion;

(iii)           work more closely with this Council to ensure the release the s.106 contributions currently allocated to, or held by, Cherwell District Council; and

(iv)           works with this Council on both its Local Plan review, the Community Infrastructure Levy consultation and its review of the Supplementary Planning Document to ensure better and more coordinated provision of vital health services.

This Council further calls on its Leader to request a meeting between BOBICS and Leaders of all political groups and Officers  ...  view the full decision text for item 37.

The Chairman advised that five motions had been submitted. No amendments

to any of the motions had been submitted. In line with the Constitution, no amendments were now permitted.

Motion One: Winter Fuel Payments

It was proposed by Councillor Reeves and seconded by Councillor Mallon that the following motion be adopted:

“This Council deplores the government’s precipitous decision to cut Winter Fuel Payments (WFPs) ahead of its budget on 30 October 2024.  

Age UK estimates that the government’s changes to WFPs could adversely affect as many as two million pensioners across the country, many of whom need support to stay warm this winter. In the Banbury constituency alone, 17,638 pensioners are set to be affected by the decision.

This Council resolves to request that:

(i)           the Executive launch a countywide awareness campaign working with our fellow City and District Councils, Oxfordshire County Council, local NHS partners, and charitable, civic and religious groups, to encourage elderly residents who are eligible for means-tested benefits such as Pension Credit to register and claim them to ensure that they continue to receive WFPs this Winter;

(ii)          the Leader of the Council writes to the Chancellor of the Exchequer, urging a review of the government’s decision to means-test WFPs without public consultation and asking HM Treasury to ensure that vulnerable pensioners, particularly those who are eligible for, but who do not – or cannot – claim, other benefits under current thresholds are protected from fuel poverty in her forthcoming budget; and

(iii)         the Executive builds on the Council’s notable successes in tackling food insecurity and providing community food grants by prioritising monies within its current and/or the 2025/6 budget to ensure that pensioners who are in genuine hardship, but who are not otherwise eligible for other government support, are helped through the Winter.”

No amendments to the motion having been proposed, the motion was debated as submitted. On being put to the vote the motion was carried unanimously.

Motion Two: Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

It was proposed by Councillor McHugh and seconded by Councillor Mallon that the following motion be adopted:

“This Council proudly holds the silver level award for the Defence Employers’ Recognition Scheme, known as the Armed Forces Covenant.

In this year’s King’s Speech, the Prime Minister set out measures to repeal and replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (‘the Act’). The Act afforded members of British Armed Forces who served in Northern Ireland the same protection from prosecution as that given to convicted terrorists and those on the run.

Protection from prosecution was granted to convicted terrorists and 'on the run' terrorists by former Prime Minister Tony Blair and then-Director of Public Prosecutions Sir Keir Starmer under the terms of the Good Friday Agreement.

In interviews given by Sir Keir Starmer prior to the General Election, he made it clear that he does not believe British Service personnel should have immunity for prosecution and that convicted and 'on the run' paramilitaries should continue to  ...  view the full minutes text for item 37.