Agenda and minutes

75.1           Apologies for absence were received from Councillors B C J Hesketh and R J E Vines.

76.1           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.

76.2           There were no declarations of interest made on this occasion.

To approve the Minutes of the meeting held on 23 January 2018.

77.1           The Minutes of the meeting held on 23 January 2018, copies of which had been circulated, were approved as a correct record and signed by the Mayor, subject to the following amendments:

·         Minute No. 68.2 – bullet point 3 – ‘…which had reduced the applications from 2,000 2,200 to 260 2,000’.

·         Minute No. 68.2 – bullet point 12 – ‘…approach to improving health and was funded by the County Council Clinical Commissioning Group’. 

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.

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

78.2           The Deputy Mayor expressed his thanks to the Council which, in his absence at the previous meeting, had nominated him as Mayor for 2018/19. He indicated that the nomination meant a lot to him and his wife and they looked forward to their Mayoral year.  

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 14 February 2018).

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

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

To receive any questions submitted under Rule of Procedure 13. Any items received will be circulated on 20 February 2018.

(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).

80.1           There were no Member questions on this occasion.  

To receive a presentation from the Lead Member for Organisational Development, Councillor Gill Blackwell.

81.1           The Mayor invited the Lead Member for Organisational Development, Councillor Gill Blackwell, to make her presentation to the Council.

81.2           The presentation covered the following main points:  

·         Portfolio Remit – Business Transformation; Performance Management; Human Resources (HR) and Organisational Development; Overview and Scrutiny; and Health and Safety. Business transformation and performance management were about delivery whereas the rest of the portfolio areas were about supporting delivery. Overview and Scrutiny ensured there was challenge, accountability and transparency in how the Council did things; HR and organisational development ensured the Council had the right people, in the right place, at the right time to achieve its aims in a changing and complex world; and health and safety ensured everything the Council did was undertaken in a safe manner with an additional focus on staff wellbeing. The responsibility for this rested with both Members and Officers and, through the remit of the portfolio, the Lead Member gained assurance where necessary that the right frameworks, processes and monitoring arrangements were in place.

·         Business Transformation – the programme, introduced in 2014, was overseen by the Transform Working Group. It looked at innovative and creative solutions and offered a strategic approach which was supported by five themes; partnerships, assets, technology, people and culture and commercialism. The programme had made significant savings of approximately £3 million to date. The Working Group saw Members and senior Officers working together to bridge the budget deficit which meant looking at things differently and creatively while, at the same time, delivering a balanced budget and Medium Term Financial Strategy. The business transformation programme was currently in its fourth year and it was fully expected that its success would continue – some of those successes included the commercial property investment strategy, the new garden waste system and the public service centre refurbishment. The range of projects on the programme cut across all Lead Member portfolios and, as the Lead Member for transformation, she was more than satisfied that the Council had the tools and ambition to build on its previous success and ensure that whatever it did was ‘better for customers, better for business’.

·         Performance Management – this monitored the Council Plan, service plans and staff appraisals. There was a robust regime for monitoring the Council’s priorities. Similar to transformation, performance was cross-cutting as it affected each portfolio and each service. It was important that Members could act as a critical friend when it was identified that something was not performing as it should. There were a lot of actions within the Council Plan some of which were more complex than others but, overall, performance was something to be proud of and delivered value for money services. In terms of service performance, each service produced a high level service plan which was presented at Executive Committee and the actions within them formed part of the Lead Member briefings. Three services were currently under review, or about to commence the review process; Revenues and Benefits, Planning and Environmental Health. The Management Team  ...  view the full minutes text for item 81.

At its meeting on 31 January 2018 the Executive Committee considered the 2018/19 budget and RECOMMENDED TO COUNCIL that:

1.      a net budget of £8,732,790 be APPROVED.

2.      a Band D Council Tax of £114.36, an increase of £5.00 per annum, be APPROVED. 

3.      the use of New Homes Bonus, as proposed in Paragraph 3.5, be APPROVED.

4.      the Capital Programme, as proposed in Appendix A to the report, be APPROVED.

5.      the Capital Prudential Indicators, as proposed in Appendix B to the report, be APPROVED.

6.      the annual Minimum Revenue Provision (MRP) statement, as contained in Appendix B to the report, be APPROVED.

7.      the 2018/19 Treasury Management Strategy, as proposed in Appendix C to the report, be APPROVED.

8.      the 2018/19 Flexible Use of Capital Receipts Strategy, as proposed in Appendix D to the report, be APPROVED.

9.      the Council’s involvement in a 100% Retained Business Rates Pilot in Gloucestershire for 2018/19, as detailed in Appendix E to the report, be NOTED.

(If a Councillor intends to move a Motion or Amendment in relation to the Council’s annual budget, the text of the proposed Motion or Amendment must be submitted in writing to the Borough Solicitor by 9.00am on the working day preceding the day of the Council meeting).

82.1           At its meeting on 31 January 2018, the Executive Committee had considered a report which set out the proposed budget for 2018/19. The Executive Committee had recommended approval of a net budget of £8,732,790; a Band D Council Tax of £114.36, an increase of £5.00 per annum; the use of New Homes Bonus, as proposed in Paragraph 3.5; the Capital Programme, as proposed in Appendix A to the report; the Capital Prudential Indicators, as proposed in Appendix B to the report; the annual Minimum Revenue Provision (MRP) statement, as contained in Appendix B to the report;the 2018/19 Treasury Management Strategy, as proposed in Appendix C to the report; the 2018/19 Flexible Use of Capital Receipts Strategy, as proposed in Appendix D to the report; and that the Council’s involvement in a 100% Retained Business Rates Pilot in Gloucestershire for 2018/19, as detailed in Appendix E to the report, be noted.

82.2           The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 16-54.

82.3           The recommendation from the Executive Committee was proposed by the Chair of the Committee and seconded by the Lead Member for Finance and Asset Management.

82.4           During the discussion which ensued, a Member questioned how much money was in the Council’s planning reserve and whether that included the costs gained from appeals; why Ubico’s costs had increased; and how much One Legal’s case management system would cost the Council in total. In response, the Head of Finance and Asset Management explained that he was unsure what was currently left in the reserve but would update the Member following the meeting – any costs that were gained from appeals went straight back into the reserve. In terms of Ubico, the pay offer had had a significant impact on the costs of employees but, in addition, when the Council had looked at the budgets for Ubico, Officers had identified that it needed a longer season for garden waste and that it should have a budget in place for agency staff – it was those increased costs which had affected the budget and were the reason further money was required. It was not anticipated that costs would increase further over the year. In respect of One Legal, the Head of Finance and Asset Management confirmed that the total cost for the case management system was £240,000 but this was payable between Tewkesbury Borough, Cheltenham Borough and Gloucester City Councils so the payment was £80,000 each. As Tewkesbury Borough was the host Council for One Legal, it incurred all of the expenditure and reclaimed it from the other parties which was the reason the whole £240,000 was in the budget.

82.5           Referring to the proposed Council Tax levels, a Member questioned whether it would raise £169,295. She also queried whether the revenue reserve was currently £4.427 million. In response, the Head of Finance and Asset Management confirmed the amount to be raised through Council Tax and that  ...  view the full minutes text for item 82a

At its meeting on 31 January 2018 the Executive Committee considered the Empty Homes Premium and RECOMMENDED TO COUNCIL that, from 1 April 2018, a Council Tax Empty Premium of 50% be implemented in respect of properties that have been unoccupied and substantially unfurnished for more than two years; and that the detailed governance arrangements be implemented in consultation with the Lead Member.

82.8           At its meeting on 31 January 2018, the Executive Committee considered a report which set out the introduction of a proposed Council Tax - Empty Homes Premium. The Executive Committee had recommended to Council that a premium of 50% be implemented from 1 April 2018 in respect of properties that had been unoccupied and substantially unfurnished for more than two years; and that the detailed governance arrangements be implemented in consultation with the Lead Member.

82.9           The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 55-58.

82.10         The recommendation from the Executive Committee was proposed by the Chair of the Committee and seconded by the Lead Member for Finance and Asset Management.

82.11         During the discussion which ensued, a Member questioned whether someone would have to pay the premium if they were purchasing a property that had been empty for two years and which would need to remain empty for a further period before they could move in. In response, the Deputy Chief Executive confirmed there would be some discretion open to the Council and that type of example was something that could be decided in consultation with the Lead Member as recommended by the Executive Committee. There followed a discussion about what was meant by the phrase ‘substantially unfurnished’. Members felt this was a rather ‘woolly’ term and, in response, the Deputy Chief Executive indicated that this was something upon which Officers would have to use their discretion as there was no definition for what was meant by a property being substantially unfurnished. However, the Council used fully trained assessors who would take into account all of the facts and evidence before making a decision as to whether or not the premium should be applied. In view of the fact that this appeared to be a subjective issue, a Member questioned whether there was a right of appeal. In response, the Deputy Chief Executive indicated that, as with any new policy, it would be subject to procedures and he would undertake to check what the appeals procedure might be. It was intended that a mailshot would be sent to any properties which would be affected by the premium to ensure the owners/landlords etc. were aware of the change.

82.12         Accordingly, it was

                  RESOLVED          That, from 1 April 2018, a Council Tax Empty Homes Premium                              of 50% be implemented in respect of properties that have been                             unoccupied and substantially unfurnished for more than two                                 years; and that the detailed governance arrangements be                                       implemented in consultation with the Lead Member.

At its meeting on 31 January 2018 the Executive Committee considered the Flood and Water Management Supplementary Planning Document and RECOMMENDED TO COUNCIL

1.      That the Flood and Water Management Supplementary Planning Document, as attached at Appendix 1 to the report, be ADOPTED.

2.      That authority be delegated to the Head of Development Services to make any necessary minor amendments to the Supplementary Planning Document, as considered appropriate, prior to it being published.

82.13         At its meeting on 31 January 2018, the Executive Committee considered the Flood and Water Management Supplementary Planning Document following consultation. The Executive Committee had recommended to Council that it be adopted.

82.14         The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 59-136.

82.15         The recommendation from the Executive Committee was proposed by the Chair of the Committee and seconded by the Lead Member for Finance and Asset Management.

82.16         During the discussion which ensued, a number of Members thanked Officers for the work that had gone into the document. They felt it was long awaited and that, if adopted, it would be extremely helpful going forward. Whilst he was of the view that it was a good document, a Member questioned whether surface water drainage could be considered and monitored carefully throughout the construction phase as well as prior to the commencement of a scheme. In response, the Lead Member, and Chair of the Flood Risk Management Group, indicated that she felt this would be a sensible addition. In offering clarification, the Borough Solicitor advised that this could be included in addition to the document as an aspiration/reminder but it could not be an additional requirement within the document unless it was sent back out for consultation. Members generally agreed that the document should be adopted as soon as possible and therefore flagging the issue up as an aspiration was the correct way forward. One Member expressed the view that it was a fantastic document and he would like to see the other five Districts in Gloucestershire adopting something similar. He indicated that a lot of the background work had been undertaken by people who had been flooded previously and he suggested that all Members read the document in detail as it provided good guidance on development in and around the flood plain.

82.17         A Member queried what happened after a development had been passed to a management company and whether the Council had any powers to monitor or enforce once the transfer had taken place. In response, the Deputy Chief Executive referred to Page No. 115, Paragraph 6.15.1, and explained that the Supplementary Planning Document would be part of the planning process; the powers in relation to planning and environmental health provided a suite of measures that could be taken into account when management issues regarding Sustainable Drainage Systems (SuDS) arose. In response to a query regarding road surface levels, the Deputy Chief Executive indicated that it would be possible to flag up as an aspiration that, when integrating the street network with SUDS, the level of the road in connection with the housing should be taken into account.

82.18         Accordingly, it was

                  RESOLVED          1. That the Flood and Water Management Supplementary                                            Planning Document, as attached at Appendix 1 to the                                              report, be ADOPTED.

                                                2.  That authority be delegated to the Head of Development                                         Services to make any necessary minor amendments  ...  view the full minutes text for item 82c

To acknowledge receipt of the funding and to approve the way forward for the project in more detail.

83.1           The report of the Deputy Chief Executive, circulated at Pages No. 137-145, set out information about funding which had been awarded to the Council from the Housing Infrastructure Fund (HIF). Members were asked to note the award of the funding to support the delivery of a bridge over the railway at Ashchurch to facilitate housing delivery; to note that Officers would continue to work to develop a delivery project in relation to the bridge and related development, in discussion with the relevant stakeholders including Network Rail, Gloucestershire County Council, landowners and developers; and to delegate authority to the Executive Committee to make all necessary decisions with regard to the government funding and to receive further status reports as the project progressed.

83.2           Members were advised that the HIF had been launched by the government in July 2017 to support housing delivery through the funding of vital physical infrastructure e.g. roads and bridges, with the opportunity to unlock 100,000 homes nationally. The fund was split into two key areas: forward funding – for larger schemes up to £250 million; and marginal funding – schemes up to £10 million. To support the delivery of the Joint Core Strategy (JCS) housing numbers, Tewkesbury Borough Council had entered a number of bids including a marginal funding bid to help deliver a bridge over the railway line at Ashchurch to support the development of the wider Ashchurch area. A further bid under the forward funding section, for the M5 J9 improvements and A46 off-line, had also been submitted but the results of that had not yet been announced. The award of the bid was for £8,132,465 and was based on unlocking development potential in the area for the delivery of 826 homes. This had been a highly competitive process and it was to be commended that the bid which Officers had put together had won the funding.

83.3           As part of the evidence gathering for the development strategy, transport planning modelling had taken place and this had reviewed various options of how housing growth could be delivered within the area. This work had tested the concept of a new bridge over the railway and the outputs indicated that, without such a new access point, development capacity would be severely restricted. At this stage it was not known where the bridge would go; the bid had not required specifics in terms of details or location so there was now a lot of work to do to deliver by 2021. Initial discussions had taken place with Network Rail which was supportive of the project, not least because it had a preference to close or alter the existing Northway level crossing due to safety concerns. Further conversations would need to be undertaken with Network Rail and other partners such as the Local Enterprise Partnership, Highways England, County Highways etc. in order to progress the project. In summary, the Deputy Chief Executive indicated that there were many unknowns at this stage and a detailed project brief would be  ...  view the full minutes text for item 83.

The Council is asked to formally set the Council Tax for 2018/19.

(A report will be circulated at the meeting).

84.1           Having agreed the Council’s 2018/19 budget earlier in the meeting, attention was drawn to a report, circulated separately, which asked Members to approve and set a Council Tax requirement for 2018/19.

84.2           In accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, voting was recorded as follows:

84.3           Accordingly, it was

                  RESOLVED          1.  That it be NOTED that, on 1 December 2017, the Council                                       calculated:

a)    the Council Tax Base 2018/19 for the whole Council area as£33,858.60 (Item T in the formula in section 31B of the Local Government Finance Act 1992, as amended (the "Act")) and,

b)    for dwellings in those parts of its area to which a Parish precept relates as attached to the report at Appendix C.

2. That the Council Tax requirement calculated for the Council's own purposes for 2018/19 (excluding Parish precepts) is £3,872,070.

3. That the following amounts be calculated for the year 2018/19 in accordance with Sections 30 to 36 of the Act:

a.    £40,979,732 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account all precepts issued to it by Parish Councils;

b.    £35,169,300 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act;

c.    £5,810,432 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 Act as its Council Tax requirement for the year. (Item R in the formula in Section 31B of the Act);

d.    £171.61 being the amount at 3(c) above (Item R), all divided by Item T(1(a) above), calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including Parish precepts);

e.    £1,938,362 being the aggregate amount of all special items (Parish precepts) referred to in Section 34(1) of the Act (as per Appendix C to the report);

f.     £114.36 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 Act, as the basic amount of Council Tax  ...  view the full minutes text for item 84.

85.1           The Chair proposed, and it was  

                  RESOLVED          That, under Section 100(A)(4)  of the Local Government Act                               1972, the public be excluded from the meeting for the following                               items on the grounds that they involve the likely discussion of                                     exempt information as defined in Part 1 of Schedule 12A  of the                              Act.

To approve the separate Minutes of the meeting held on 23 January 2018.

86.1           The separate Minutes of the meeting held on 23 January 2018, copies of which had been circulated, were approved as a correct record and signed by the Mayor.