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Agenda and minutes

Council
Tuesday, 5 December 2017 6:00 pm

Venue: Council Chamber

Contact: Democratic Services Tel: 01684 272021  Email:  democraticservices@tewkesbury.gov.uk

Items
No. Item

51.

Apologies for Absence

Minutes:

51.1           Apologies for absence were received from Councillors R Furolo, H C McLain and P D Surman.

52.

Declarations of Interest

Pursuant to the adoption by the Council on 26 June 2012 of the Tewkesbury Borough Council Code of Conduct, effective from 1 July 2012, as set out in Minute No. CL.34, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

Minutes:

52.1           The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 26 June 2012 and took effect from 1 July 2012.

52.2           The following declarations were made:

Councillor

Application No./Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

P W Awford

Item 7 – Joint Core Strategy: Adoption.

Is a Gloucestershire County Councillor.

Tewkesbury Borough Council representative on the Lower Severn Internal Drainage Board.

Member of Severn Wye Regional Flood Defence Committee.

Member of Wessex Regional Flood Defence Committee.

Life Member of the National Flood Forum.

Had received a dispensation to speak and vote on this item.

R A Bird

Item 7 – Joint Core Strategy: Adoption.

Is a Gloucestershire County Councillor.

Had received a dispensation to speak and vote on this item.

K J Cromwell

Item 7 – Joint Core Strategy: Adoption.

Is a Gloucestershire County Councillor.

Had received a dispensation to speak and vote on this item.

R E Garnham

Item 7 – Joint Core Strategy: Adoption.

Has a pecuniary interest in the Joint Core Strategy.

Would not speak or vote and would leave the Chamber for the consideration of this item.

V D Smith

Item 7 – Joint Core Strategy: Adoption.

Is a Gloucestershire County Councillor.

Had received a dispensation to speak and vote on this item.

R J E Vines

Item 7 – Joint Core Strategy: Adoption.

Is a Gloucestershire County Councillor.

Had received a dispensation to speak and vote on this item.

52.3           There were no further declarations made on this occasion.

53.

Minutes pdf icon PDF 119 KB

To approve the Minutes of the meeting held on 19 September 2017.

Minutes:

53.1           The Minutes of the meeting held on 19 September 2017, copies of which had been circulated, were approved as a correct record and signed by the Mayor.  

54.

Announcements

1.   When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.

 

      In the event of a fire any person with a disability should be assisted in leaving the building.  

 

2.   To receive any announcements from the Chair of the Meeting and/or the Chief Executive.

Minutes:

54.1           The evacuation procedure, as set out on the Agenda, was advised to those present.  

55.

Items from Members of the Public

a)   To receive any questions, deputations or petitions submitted under Council Rule of Procedure.12.

 

(The deadline for public participation submissions for this meeting is 29 November 2017).

 

b)   To receive any petitions submitted under the Council’s Petitions Scheme.

Minutes:

55.1           There were no items from members of the public on this occasion.  

56.

Member Questions properly submitted in accordance with Council Procedure Rules

To receive any questions submitted under Rule of Procedure 13. Any items received will be circulated on 5 December 2017.

 

(Any questions must be submitted in writing to Democratic Services by, not later than, 10.00am on the working day immediately preceding the date of the meeting).

Minutes:

56.1           The following question had been received from Councillor Sue Hillier-Richardson to the Lead Member for Built Environment.  The answer was given by the Lead Member for Built Environment, Councillor Elaine MacTiernan, but was taken as read without discussion:

Question:

If this version of the Joint Core Strategy is adopted today (and by all three Councils) and then goes forward, will this Council then be able to refuse speculative applications for development of over 200 homes in parts of our Borough that are not designated for development in the Joint Core Strategy?

Answer:

The adoption of the Joint Core Strategy would mean that its policies had full weight in judging planning applications and gave this Council greater control over the location of new housing.

Importantly, Policy SP1 of the Joint Core Strategy confirmed the housing need for Tewkesbury which provided certainty over what its five year housing land supply target was and reinforced the current position that it had a five year supply on that basis. With a five year supply in place this meant there was no automatic presumption in favour of sustainable development (as set out in the National Planning Policy Framework) and the planning policies were not judged to be out of date.

All applications for development would be judged against the policies in the plan. In particular, proposals for residential development would be considered against Policies SP2 – Spatial Strategy and SD10 – Residential Development. Those two policies provided the core principles for determining where housing may be appropriate in the Borough. SD10 stated that housing development, outside of site allocations (in the Joint Core Strategy, Borough Plan or Neighbourhood Plans), would only be permitted on previously developed land in the existing built up areas of Tewkesbury Town, Rural Service Centres and Service Villages. On other sites, housing would only be permitted where it was an affordable rural exception site, infilling within existing built up areas, or brought forward through Community Right to Build Orders or Neighbourhood Development Plans.

Section 38(6) of the Planning and Compulsory Purchase Act 2004 required that applications must be determined in accordance with the plan unless material considerations indicated otherwise. A speculative application for 200+ dwellings, outside of an allocated site and not on previously developed land, would therefore be contrary to Policy SD10 and the principle would be in favour of refusal. However, as with any application, it would also be important to consider all other policies of the National Planning Policy Framework, Joint Core Strategy, Local Plan and any other material planning considerations, in determining whether a proposal would otherwise constitute sustainable development.

56.2           The Mayor invited a supplementary question and, in response, the Member asked the following:

                  In view of the response, and bearing in mind the housing already being developed in areas such as Bishop’s Cleeve and the government’s intention that no New Homes Bonus would be paid on developments which were permitted on appeal, what confidence could Members have that these would be the only large  ...  view the full minutes text for item 56.

57.

Joint Core Strategy: Adoption pdf icon PDF 87 KB

To consider the adoption of the Joint Core Strategy, with the recommended main modifications, as part of the Statutory Development Plan for Tewkesbury Borough.   

Additional documents:

Minutes:

57.1           Attention was drawn to the report of the Head of Development Services, circulated at Pages No. 13-395, which sought a resolution from Members to adopt the Joint Core Strategy, with the recommended main modifications, as part of the Statutory Development Plan for Tewkesbury Borough and for authority to be delegated to the Chief Executive to progress and sign two Memoranda of Understanding regarding sites within Tewkesbury Borough which contributed towards Cheltenham Borough’s housing supply. The report attached, at Appendix 1, the adoption version of the Joint Core Strategy; at Appendix 2, the policy maps; at Appendix 3, the Inspector’s final report; and at Appendix 4, the Sustainability Appraisal Adoption Statement. Members were asked to consider the report and resolve to adopt the adoption version of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy as part of the Borough Council’s Statutory Development Plan; adopt the amendments (maps and text) to the adopted policies map as set out in the modified and new maps appended to the report; delegate authority to the Chief Executive, in consultation with the Leader of the Council and Lead Member for the Built Environment, in collaboration with Cheltenham Borough and Gloucester City Councils, to make minor spelling, grammatical, cross-referencing or typographical errors and presentational changes (including the addition of a foreword) to the Joint Core Strategy and accompanying policies maps prior to publication; delegate authority to the Chief Executive of Tewkesbury Borough Council, in consultation with the Leader of Tewkesbury Borough Council, to progress and sign a Memorandum of Agreement with Cheltenham Borough Council in respect of the delivery of housing at Farm Lane, Leckhampton in Tewkesbury Borough to meet the housing needs of Cheltenham Borough; and to delegate authority to the Chief Executive of Tewkesbury Borough Council, in consultation with the Leader of Tewkesbury Borough Council, to progress and sign a Memorandum of Agreement with Cheltenham Borough Council in respect of the delivery of housing at land to the south of Tewkesbury Road, Uckington, as within Tewkesbury Borough, to meet the housing needs of Cheltenham Borough.

57.2           The Chief Executive explained the procedure to be followed at the meeting which would involve the Head of Development Services presenting the report and Members then being given the opportunity to ask questions. A proposer and seconder would then be sought and the item opened up for debate.

57.3           The Head of Development Services advised that the report sought a resolution from the Council to adopt the Joint Core Strategy as part of the statutory Development Plan for the Borough. Gloucester City Council had already agreed to adopt the Strategy at its meeting on 23 November and Cheltenham Borough Council would consider the Strategy at its meeting on 11 December 2017. The Inspector’s final report had concluded that the submission version of the Joint Core Strategy had a number of deficiencies in relation to soundness and/or legal compliance which meant she recommended non-adoption of it as submitted; however, with the recommended main modifications, as set out in the  ...  view the full minutes text for item 57.

58.

Recommendations from Executive Committee

The Council is asked to consider and determine recommendations of a policy nature arising from the Executive Committee as follows:- 

58a

Medium Term Financial Strategy 2018/19-2022/23 pdf icon PDF 75 KB

At its meeting on 22 November 2017 the Executive Committee considered the Medium Term Financial Strategy and RECOMMENDED TO COUNCIL that that the Medium Term Financial Strategy 2018/19-2022/23 be ADOPTED, subject to the following amendments:

 

·           Paragraph 10.3 of the Strategy be amended to read: ‘The previous Medium Term Financial Strategy recognises the likely need for further increases in future years in order to provide the flexibility to deal with the anticipated deficit faced. Although Council finances have improved, and additional revenue streams are now being developed, there may continue to be a need to resort to some measure of further Council Tax increase each year over the Strategy period. The Council will maintain this previous financial strategy, accepting the likely need for future increases, but seeking to maintain the Council Tax to the lowest possible levels’.

 

·           Table 7 of the Strategy be amended so the heading reads ‘Potential Council Tax Strategy’ and the table includes percentage, as well as monetary, amounts.

 

Please note: An addendum to the relevant section of the Medium Term Financial Strategy showing the changes recommended is attached. 

Additional documents:

Minutes:

58.1           At its meeting on 22 November 2017 the Executive Committee considered the Medium Term Financial Strategy 2018/19-2022/23 and recommended to Council that it be adopted subject to two amendments: Paragraph 10.3 of the Strategy be amended to read: ‘The previous Medium Term Financial Strategy recognises the likely need for further increases in future years in order to provide the flexibility to deal with the anticipated deficit faced. Although Council finances have improved, and additional revenue streams are now being developed, there may continue to be a need to resort to some measure of further Council Tax increase each year over the Strategy period. The Council will maintain this previous financial strategy, accepting the likely need for future increases, but seeking to maintain the Council Tax to the lowest possible levels’; and Table 7 of the Strategy be amended so the heading reads ‘Potential Council Tax Strategy’ and the table includes percentage, as well as monetary, amounts.

58.2           The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 396-422 and the amended information had been circulated as an addendum to that report.

58.3           The recommendation was proposed by the Chair of the Executive Committee and subsequently seconded.

58.4           Accordingly, it was

                  RESOLVED          That that the Medium Term Financial Strategy 2018/19-                                     2022/23 be ADOPTED, subject to the following amendments:

·      Paragraph 10.3 of the Strategy be amended to read: ‘The previous Medium Term Financial Strategy recognises the likely need for further increases in future years in order to provide the flexibility to deal with the anticipated deficit faced. Although Council finances have improved, and additional revenue streams are now being developed, there may continue to be a need to resort to some measure of further Council Tax increase each year over the Strategy period. The Council will maintain this previous financial strategy, accepting the likely need for future increases, but seeking to maintain the Council Tax to the lowest possible levels’.

 

·      Table 7 of the Strategy be amended so the heading reads ‘Potential Council Tax Strategy’ and the table includes percentage, as well as monetary, amounts.

58b

Affordable Housing Allocations on Strategic Sites pdf icon PDF 118 KB

At its meeting on 22 November 2017 the Executive Committee RECOMMENDED TO COUNCIL that that the lettings and sales arrangements for affordable housing allocations on strategic sites be ADOPTED.

Minutes:

58.5           At its meeting on  22 November 2017 the Executive Committee had recommended that the lettings and sales arrangements for affordable housing allocations on strategic sites be adopted.

58.6           The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 423-431.

58.7           The recommendation was proposed by the Chair of the Executive Committee and subsequently seconded.

58.8           Accordingly, it was

RESOLVED          That the lettings and sales arrangements for affordable housing allocations on strategic sites be ADOPTED.

59.

Change to Committee Membership

In accordance with Rule of Procedure 2.1 the Borough Solicitor has exercised her delegated authority to approve the following change to Committee Membership:  

 

Councillor D J Waters has resigned from the Planning Committee and been replaced by Councillor P W Awford.  

Minutes:

59.1           Members NOTED that, in accordance with Rule of Procedure 2.1, the Borough Solicitor had exercised her delegated authority to approve a change to the membership of the Planning Committee whereby Councillor D J Waters had resigned and been replaced by Councillor P W Awford.