Decisions

Resolved

(1)          That the work undertaken to prepare a revised and updated Taxi and Private Hire Licensing Policy and the outcomes of the public consultation on that revised policy be noted.

(2)          That the revised Taxi and Private Hire Licensing Policy and supporting appendices (annex to the Minutes as set out in the Minute Book) be approved.

Resolved

(1)          That the amendments to the Constitution in relation to the Officer Scheme of Delegation, Contract Procedure Rules, Personnel Committee terms of reference, Appeals Panel terms of reference, Shareholder Committee terms of reference and Accounts, Audit and Risk Committee terms of reference be agreed.

(2)          That authority be delegated to the Monitoring Officer to make the amendments to the Constitution, including a delegation to make textual amendments to address any inconsistencies or correct any cross-referencing errors arising from or as a consequence of the amendments (insofar as the Monitoring Officer does not already have such a delegation).

Resolved

(1)          That the membership of the Accounts, Audit and Risk Committee be amended to include two Independent Persons (non-voting).

(2)          That the appointment of Sarah Thompson as an Independent Person for a four year term expiring on the date of the February Council meeting in 2027 be endorsed and authority delegated to the Monitoring Officer to make the appointment.

(3)          That the appointment of Harry Lawson as an Independent Person for a four year term expiring on the date of the February Council meeting in 2027 be endorsed and authority delegated to the Monitoring Officer to make the appointment.

(4)          That it be noted that the appointment of Independent Persons may be renewable in 2027 for  a further term of four years subject to the Independent Persons wishing to continue in the role and Council agreeing the renewal of the appointment.

Resolved

(1)          That, having due regard, the statutory report of the Chief Finance Officer (Section 25 report) be noted.

(2)          That the proposed Fees and Charges schedule for 2023/24 (annex to the Minutes as set out in the Minute Book) be approved and it be noted that statutory notices would be placed where required.

(3)          That, having given due consideration, the Equality Impact Assessment of the Budget be noted.

(4)          That a pension fund prepayment for the years 2023/24 – 2025/26 of £5.7m be approved.

(5)          That the Business Plan and Annual Delivery Plan (annexes to the Minutes as set out in the Minute Book) be approved.

(6)          That the net revenue budget for the financial year commencing on 1 April 2023, as set out in annexes to the Minutes (as set out in the Minute Book) be approved.

(7)          That the Medium Term Financial  Strategy and Revenue Budget 2023/24, including the Savings Proposals, and Pressures, as set out in annexes to the Minutes (as set out in the Minute Book) be approved.

(8)          That an increase in the Basic Amount of Council Tax for Cherwell District Council for the financial year beginning on 1 April 2023 of £5, resulting in a Band D charge of £148.50 per annum be agreed.

(9)          That, for long term empty properties, an additional Council Tax premium  charge of 100 percent for properties empty for two years or more, 200 percent for properties empty 5 years or more and 300 percent for properties empty 10 years or more be approved.

(10)       That the removal of the 25 percent discount currently available for 12 months to properties that are uninhabitable or undergoing structural repairs be approved.

(11)       That the Capital Bids 2023/24 and Capital Programme 2023/24 – 2027/28 (annexes to the Minutes as set out in the Minute Book) be approved.

(12)       That the Capital and Investment Strategy 2023/24 and revised 2022/23,  including the Minimum Revenue Provision (MRP) Policy (annexes to the Minutes as set out in the Minute Book) be approved.

(13)       That the Treasury Management Strategy 2023/24, including the Prudential Indicators, and Affordable Borrowing Limit for 2023/24  (annex to the Minutes as set out in the Minute Book) be approved.

(14)       That a minimum level of General Balances of £6m as supported in the annex to the Minutes (as set out in the Minute Book) be approved.

(15)       That the Reserves Policy (annex to the Minutes as set out in the Minute Book) be approved.

(16)       That the medium-term reserves plan (annex to the Minutes as set out in the Minute Book) be approved.

(17)       That the Pay Policy Statement, as required by the Localism Act 2010,  (annex to the Minutes as set out in the Minute Book) be approved.

Resolved

(1)          That it be noted that the Council Tax Base 2023/24 was determined at the Executive meeting held on 9 January 2023:

a)            for the whole Council area as 58,184.30 [item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended (“the 1992 Act”)]; and

b)            For dwellings in those parts of its area to which a Parish Precept relates as in the attached annex to the Minutes (as set out in the Minute Book).

(2)          That it be agreed that the Council Tax requirement for the Council’s own purposes for 2023/24 (excluding Parish Precepts and Special Expenses) be £8,640,369.

(3)          That the following amounts be calculated for the year 2023/24 in accordance with Sections 31 to 36 of the 1992 Act:

a)            £131,520,045 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (2) of the 1992 Act, taking into account all precepts issued to it by Parish Councils and any additional special expenses.

b)            £116,837,989 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (3) of the 1992 Act.

c)            £14,682,056 being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated by the Council, in accordance with Section 31A (4) of the 1992 Act, as its Council Tax requirement for the year (Item R in the formula in Section 31B of the 1992 Act).

d)            £252.34 being the amount at 3(c) above (Item R), all divided by Item T (6(a) above), calculated by the Council, in accordance with Section 31B of the 1992 Act, as the basic amount of its Council Tax for the year (including Parish Precepts and Special Expenses).

e)            £6,041,687 being the aggregate amount of all special items (Parish Precepts and Special Expenses) referred to in Section 34(1) of the 1992 Act as per the attached annex to the Minutes (as set out in the Minute Book).

f)             £148.50 being the amount at 3(d) above less the result given by dividing the amount at 3(e) above by Item T(1(a) above), calculated by the Council, in accordance with Section 34(2) of the 1992 Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no Parish Precept or special item relates.

(4)          That it be noted that for the year 2023/24, Oxfordshire County Council and the Police and Crime Commissioner for Thames Valley have issued precepts to the Council, in accordance with Section 40 of the 1992 Act, for each category of dwellings in the Council’s area as indicated below:

(5)          That the Council, in accordance with Sections 30 and 36 of the 1992 Act, hereby sets the amounts shown in the annex to the Minutes (as set out in the Minute Book) as the amounts of Council Tax for the year 2023/24 for each part of its area and for each of the categories of dwellings.

(6)          That the Council has determined that its relevant basic amount of Council Tax for 2023/24 is not excessive in accordance with principles approved under Section 52ZB of the 1992 Act. 

Resolved

(1)          That the Local Government Association Corporate Peer Challenge report (annex to the Minutes as set out in the Minute Book) be endorsed.

(2)          That the Corporate Peer Challenge Action Plan (annex to the Minutes as set out in the Minute Book) be approved.

(3)          That the progress that has already been made towards the Peer Review recommendations, which are set out in the proposed Action Plan, be noted.

Resolved

(1)          That, having given due consideration, the Independent Remuneration Panel’s recommendations be adopted and the following levels of allowances to be included in the 2023/2024 Members’ Allowance Scheme be agreed:

·         The Basic Allowance be increased by 2.75%, in line with the agreed staff cost of living pay award,  for 2023/2024, rounded up to give 12 equal payments, £4836.

·         A Special Responsibility Allowance (SRA) for the Chairman of the Council be introduced at the same rate as the Basic Allowance at £4704, backdated to  18 May 2022 (the date the current Council Chairman took up office) and that this replace the current £2000 civic allowance. 

·         The Special Responsibility Allowance (SRA) for the Chairman of the Council be increased by 2.75%, in line with the agreed staff cost of living pay award, for 2023/2024, rounded up, to give 12 equal payments, £4836.

·         The respective Leader and Deputy Leader Special Responsibility Allowances be combined with the Special Responsibility Allowance to Executive Members holding a portfolio, to become a single Special Responsibility Allowance for each role. There is no change to the SRAs paid, rather the change ensures greater transparency.

·         The Special Responsibility Allowances for the Leader, Deputy Leader, Executive Members holding a Portfolio, Leader of the Opposition, Chairman of Accounts, Audit and Risk Committee, Chairman of Budget Planning Committee, Chairman of Overview and Scrutiny Committee and Chairman of Planning Committee be increased by 2.75%, in line with the agreed staff cost of living pay award,  for 2023/2024, rounded up to give 12 equal payments.

o   Leader of the Council: £15,408

o   Deputy Leader of the Council: £9936

o   Executive Members holding a Portfolio: £7188

o   Leader of the Opposition: £3324

o   Chairman of the Accounts, Audit & Risk Committee: £3996

o   Chairman of Budget Planning Committee: £3996

o   Chairman of Overview and Scrutiny Committee: £3996

o   Chairman of Planning Committee: £4788

·         The current arrangement for ad-hoc Special Responsibility Allowance payments to the Chairmen of the  Licensing Committee, Personnel Committee and Standards Committee end and fixed Special Responsibility Allowances be paid  to reflect that these committees now have scheduled meetings (2 each for Licensing Committee and Standards Committee and 4 for Personnel Committee). As the fixed SRA was based on 2022/2023 allowance levels, the SRAs be increased by 2.75%, in line with the agreed staff cost of living pay award, for 2023/2024, rounded up, to give 12 equal payments:

o   Chairman of Licensing Committee: £852

o   Chairman of Personnel Committee: £1428

o   Chairman of Standards Committee: £852

·         there be no change to arrangements for Special Responsibility Allowance arrangements for the Appeals Panel Chairman as the Appeals Panel will continue to meet on an ad-hoc basis. The Allowance be increased by 2.75%, in line with the agreed staff cost of living pay award, for 2023/2024, rounded up, to give 12 equal payments: £288 Special Responsibility Allowance plus £288 per meeting to a capped limit of £1728 per annum

·         Introduction of  a cap on the number of Special Responsibility Allowances paid to an individual councillor for the exceptional case that a councillor occupies two or more positions qualifying for an SRA, and that the limit be a maximum of two Special Responsibility Allowances be paid to one councillor at any one time.

·         That the Co-optee and Independent Person Allowance be increased by 2.75%, in line with the agreed staff cost of living pay award, for 2023/2024, rounded up, to give 12 equal payments and that the roles be separated within the Members’ Allowance Scheme:

o   Co-optee: £828

o   Independent Person: £828

·         The Dependents’ Carers’ and Childcare Allowances remain at the current level, paid on the basis of the actual costs incurred up to the maximum hourly rate set out below and to a maximum cap of 40 hours per month and are subject to the submission of receipts, with the restriction extended so neither allowance can be paid to a member of the claimant’s household.

o   Childcare: £10 per hour

o   Dependent Carer: £20 per hour

·         Mileage remain at the current level in line with HMRC approved mileage rates and if any adjustments are implemented by HMRC then the revised rates should be applied to Members travel allowances at the date of implementation by HMRC.

o   Bicycles: 20p per mile

o   Motorcycles: 20p per mile

o   Motor vehicles: 45p per mile

o   Electric or similar specialised vehicles: 45p per mile

·         There be no change to the subsistence allowances payable up to the following maximum amounts:

o   Breakfast allowance ((more than 4 hours away from the normal place of residence before 11am): £6.02  

o   Lunch Allowance (more than 4 hours away from the normal place of residence including the lunchtime between 12noon and 2pm): £8.31

o   Evening Meal Allowance (more than 4 hours away from the normal place of residence ending after 7pm): £10.29

·         Democratic Services continue to book overnight accommodation, if required.

·         No change to the list of approved duties be made at this time but the Assistant Director Law and Governance be requested to seeks details from Members of attendance at Parish Council meetings as part of the next review of Members’ Allowances for further consideration for potential inclusion in the list of approved duties.

·         Non-Executive Director Allowances be increased by 2.75%, in line with the agreed staff cost of living pay award, for 2023/2024, rounded up, to give 12 equal payments and that expenses be paid at the same levels as elected Members and costs recharged to the relevant company: £4788

(2)          That the Assistant Director Law and Governance be authorised to prepare an amended Members’ Allowances Scheme, in accordance with the decisions of Council for implementation with effect from 1 April 2023.

(3)          That  the Assistant Director Law and Governance be authorised to take all necessary action to revoke the current (2022/2023) Scheme and to publicise the revised Scheme pursuant to The Local Authorities (Member’s Allowances)(England) Regulations 2003 (as amended).

(4)          That the Independent Remuneration Panel be thanked for its report and set a fee of £300 for each Panel Member for the work carried out on this review and propose the same level of fee for any reviews carried out in 2023/2024 capped at a maximum of £1200 per person, which can be funded from existing budgets.

Resolved

(1)          That the following motion be adopted:

“This Council notes with concern Oxfordshire County Council’s decision to withdraw school bus services under its Spare Seats scheme without parental or wider public consultation.

Oxfordshire’s Spare Seats programme has offered children a safe and affordable bus service to school for over 35 years, the scheme having largely been cost-neutral throughout its operation. Under the scheme, families are offered spare seats for their children on school buses taking children eligible for free home-to-school transport at reasonable cost.

Following a decision by Oxfordshire County Council, nearly 10 routes in predominantly rural areas are set to be cancelled from September 2023, with more set to follow as contracts are retendered. This decision will affect the 1-WA17 route serving the Warriner School and the 2-ML05 route to the Marlborough CoE School. Over the medium term, as many as 1,384 students could be affected.

Oxfordshire County Council has defended its decision on the basis that it has no legal obligation to operate the scheme, adding that its continuation:

“would incur a financial cost and reinforces children travelling to schools further away than their nearest school”. 

This Council strongly disagrees with this reinterpretation of what has been established policy and practice. For clarity, it does so on financial grounds as well as for reasons of personal choice, child safety and environmental protection.

This Council asks the Leader of the Council to write to the Leader and Deputy Leader of Oxfordshire County Council to urge them to reverse their decision as a matter of urgency.”

(2)          That the following motion be adopted:

“Providing truly affordable housing is one of the highest priorities for this council. However, our policies currently mandate that only 30-35% of new housing should be designated affordable.

In contrast we have recently accepted Oxford City council’s affordability ratio of 50% for new housing built in Cherwell to meet their needs. It would seem equitable that we should give the same consideration to Cherwell families and residents who are also in desperate need of affordable housing in the district.

As the Cherwell 2040 Local Plan has now been further delayed and will be subject to revision, we have a timely opportunity to correct this imbalance and include an increase in our own affordability requirement for future housing developments within Cherwell. This will show our commitment to our own residents is as great as it is to those from the city.

This Council requests that the Executive consider including an affordable element of at least 50% within future housing developments and that this be included as a requirement in the emerging Local Plan 2040 along with a clear definition of what affordable housing encompasses.

We also request that the Leader writes to the Secretary of State for Levelling Up, Housing and Communities to request that his department urgently commissions a review of both affordability criteria and guarantees of profit margins which allow developers to adjust affordability ratios based on Gross Development Values and Viability Assessments.”

(3)          That the following motion be adopted:

“The government recommitted in the 2022 Autumn Statement to the delivery of East West Rail (EWR). In 2021, EWR consulted on a series of proposals to address the fact that increased train frequency would, in due course, require the level crossing at London Road, Bicester, to be closed. The Chief Executive of EWR told a meeting of local elected representatives on 13 January that EWR would publish its proposals for the whole line by June.

This Council:

·         Strongly supports East West Rail as it will increase opportunities for lower carbon

·         travel and support sustainable growth and opportunity;

·         Notes that the closure of the London Road would sever the road connection between the south-east of Bicester and the town centre;

·         Believes that it must be a priority, working with Oxfordshire County Council and East West Rail, to find a sustainable, funded solution that continues to provide a suitable rail crossing for cars, cycles and pedestrians at or near London Road;

·         Recognises that the next four months are critical to ensuring that this solution is adequately funded by EWR and national government, given that the new line is of national importance while the negative impact of closing London Road would fall on the local community in Bicester;

·         Resolves to ask the Leader to write to the Chief Executive of East West Rail, stating this Council’s support for a new railway crossing at or near London Road that is suitable for cars, cycles and pedestrians.”