Agenda and minutes

87.1           Apologies for absence were received from Councillors M Dean, R E Garnham, A S Reece, V D Smith and M J Williams.  

88.1           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.

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

To approve the Minutes of the meeting held on 20 February 2018.

89.1           The Minutes of the meeting held on 20 February 2018, copies of which had been circulated, were approved as a correct record and signed by the Mayor.  

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.

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

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 11 April 2018).

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

91.1           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 17 April 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).

92.1           There were no Member questions on this occasion.  

In view of the current Mayor-Elect having withdrawn from taking the position of Mayor due to health concerns, the Council is asked to appoint the Deputy Mayor-Elect for 2018/19, Councillor Ruth Hatton, as Mayor-Elect for the forthcoming Municipal Year.  

93.1           Members were advised that, due to health concerns, the current Mayor-Elect had withdrawn from taking the position of Mayor and accordingly the Council was asked to appoint the Deputy Mayor-Elect for 2018/19, Councillor Ruth Hatton, as Mayor-Elect for the forthcoming Municipal Year. Upon being proposed and seconded, it was

                  RESOLVED          That Councillor Ruth Hatton, be appointed Mayor-Elect for the                           ensuing Municipal Year.

To receive nominations for the appointment of Deputy Mayor for the ensuing Municipal Year.  

93.2           Upon being proposed and seconded, it was

                  RESOLVED          That Councillor Gill Blackwell be appointed as Deputy                                         Mayor-Elect for the ensuing Municipal Year.

To receive a presentation from the Lead Member for Built Environment, Councillor Elaine MacTiernan. 

94.1           The Mayor invited the Lead Member for Built Environment, Councillor Elaine MacTiernan, to make her presentation to the Council.  

94.2           The presentation covered the following main points:

·         Built Environment Portfolio – What Services Does it Cover? – a group of services mostly, but not exclusively, in Development Services – it also included a housing function (affordable housing) in Community Services. Services included: Planning – Development Management, Enforcement, Land Charges; Planning Policy – Joint Core Strategy (JCS), Tewkesbury Borough Plan (TBP) and Neighbourhood Development Plans (NDPs); Building Control – shared with Cheltenham Borough Council; and Strategic Affordable Housing – mostly through the JCS.

·         Who’s Who in the Team – Head of Development Services – Annette Roberts; Development Services Manager – Paul Skelton; Planning Policy Manager – Matthew Barker; Building Control Manager – Ian Smith (shared with Cheltenham Borough Council); and  Economic and Community Development Manager (including Tourism) – Andy Sanders. Total number of 50 full-time equivalent staff.

·         Built Environment Quiz –

o   How many planning applications does the Council receive each year? 1,300.

o   How much income does the Development Management team bring into the Council on average per annum? £1,300,000.

o   What percentage of determined applications are approved? 90%.

o   How many registered Neighbourhood Development Plan areas are there in the Borough? 14.

o   How many houses were completed in the Borough last year? 728.

·         Development Management Process – case officers consider the issues associated with the application. They weigh the application merits, benefits and policy position against the comments in support of, and opposed to, the development – they then make a recommendation and decision. Planners did not just follow process or interpret a procedure they had to use skill and experience to negotiate complex interrelated issues to get the maximum benefit for the community.

·         Creating a Place from a Plan – the strategic allocations in the JCS were Twigworth/Innsworth, South Churchdown, Brockworth, North West Cheltenham, West Cheltenham and Ashchurch = 10,900 houses and 112 hectares of employment land.

·         Requires Significant Investment in Infrastructure – the team is involved in preparing bids for funding: £4.53 million towards A40 improvements to help deliver strategic growth; £8.1 million towards a bridge to unlock capacity for development at Ashchurch; and capacity funding for Ashchurch and the JCS.

·         Bringing these Sites Forward – Creating a Place – the portfolio is crucial to the delivery of growth; it is not just about making planning documents and processing planning applications but also about creating a place that everyone was proud to be part of making; it was about involving communities through consultation in developing the TBP and helping them with NDPs; and it was about the Community Development Team being the connection between the Council and Parishes helping to negotiate S106 Agreements and, in the future, Community Infrastructure Levy (CIL).

·         Not Just about Ensuring Enough Homes for People but Land for Jobs Too – Innsworth and Twigworth = indicative housing up to 2031 - 2,295 / hectares of employment land up to 2031 –  ...  view the full minutes text for item 94.

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

At its meeting on 14 March 2018 the Executive Committee considered the implementation of a Public Spaces Protection Order under S59 of the Anti-Social Behaviour, Crime and Policing Act 2014 and the introduction of fixed penalty notice fines for all controls contained in the Order and it was RECOMMENDED TO COUNCIL:  

1.   That a Public Spaces Protection Order be implemented under S.59 of the Antisocial Behaviour, Crime and Policing Act 2014 as set out at Appendix A to the report.

2.   That Fixed Penalty Notice fines of £100 be introduced for all controls contained in the Public Spaces Protection Order.  

95.1           At its meeting on 14 March 2018, the Executive Committee had considered the implementation of a Public Spaces Protection Order under S.59 of the Anti-Social Behaviour, Crime and Policing Act 2014 as well as the introduction of Fixed Penalty Notice fines for all controls contained in the Order. The Executive Committee had recommended that a Public Spaces Protection Order be implemented under S.59 of the Anti-Social Behaviour, Crime and Policing Act 2014; and that Fixed Penalty Notice fines of £100 be introduced for all controls contained in the Public Spaces Protection Order.

95.2           The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 17-26.

95.3           The recommendation from the Executive Committee was proposed by the Chair of the Committee and seconded by the Lead Member for Clean and Green Environment.

95.4           During the discussion which ensued, clarification was requested on whether dog fouling would be the subject of the Order when it took place in the countryside and, in response, the Head of Community Services confirmed that the Order would apply to all public open land in the Borough. Another Member questioned how this would work when it was a field with a public right of way across it and whether the Order would apply only to the path. The Head of Community Services indicated that he would have to investigate the issue and respond following the meeting. In terms of enforcement, and the training of staff, the Head of Community Services explained that a number of Officers were currently trained in issuing Fixed Penalty Notices and were already doing that for other offences. It was intended that this would be rolled out to other Officers who were not currently trained. In response to a query regarding safety, the Head of Community Services explained that Officers were able to carry out dynamic risk assessments before approaching members of the public to ensure it was safe to do so. There would be a number of different campaigns throughout the year - e.g. flytipping, litter, dog fouling - and the Council’s resources would be particularly focussed on those areas at that time; Officers would, of course, still be able to address other issues at those times should the need arise. Members of the public were also encouraged to report particular issues/culprits if they were aware of them.

95.5           One Member expressed particular concern about the number of complaints he received with regard to dog bins being full; he questioned how the Council could fine people for not clearing up after their dogs when often they had nowhere to put the waste. In response, a number of Members suggested that people should be encouraged to report bins that were full and they would then be emptied. In addition, it should be remembered that litter bins could also be used for dog waste. The Head of Community Services confirmed that there would be an educational campaign following the implementation of  ...  view the full minutes text for item 95a

To consider making the Twyning Neighbourhood Development Plan part of the Development Plan for Tewkesbury Borough; and todelegate to the Head of Development Services, in agreement with the Parish Council acting as the Qualifying Body, the correction of any minor errors such as spelling, grammar, typographical or formatting errors that do not affect the substantive content of the plan.

96.1           The report of the Planning Policy Manager, circulated at Pages No. 27-98, explained that the Twyning Neighbourhood Development Plan had been the subject of a referendum in the local area and the Council was now asked to resolve that the Plan be made part of the Development Plan for Tewkesbury Borough; and to delegate to the Head of Development Services, in agreement with the Parish Council acting as the Qualifying Body, the correction of any minor errors such as spelling, grammar, typographical errors that did not affect the substantive content of the Plan.

96.2           The Lead Member for Built Environment indicated that this was a good Plan that had received the required majority in favour at referendum and she proposed that the recommendations, as set out in the report, be approved. Upon being seconded and voted upon, it was

                  RESOLVED          1.  That the Twyning Neighbourhood Development Plan be                                           made part of the Development Plan for Tewkesbury                                                 Borough.

2.   That authority be delegated to Head of Development Services, in agreement with the Parish Council acting as the Qualifying Body, to correct any minor errors such as spelling, grammar, typographical or formatting errors that do not affect the substantive content of the plan.

To consider the implications of the proposal for the merger of Severn Vale Housing Society with Bromford/Merlin Housing Society and to agree an effective process to proceed whilst ensuring the Council’s interests are protected.

97.1           The report of the Chief Executive, circulated at Pages No. 99-109, set out the implications of Severn Vale Housing Society’s proposal to merge with two other housing providers and recommended a way forward for the Council. Members were asked to formally approve the merger with the Bromford/Merlin Group, subject to the approval of the merger by the Severn Vale Housing Society Board, and the satisfactory completion, prior to the merger being completed, of an agreement(s) in respect of all matters of retained interest to the Council; to formally advise Severn Vale Housing Society that, on completion of the matters referred to (or upon the coming into effect of the Social Housing (Influence of Local Authorities) (England) Regulations 2017), the Council will agree to give up its shareholder role and Board representation nomination rights; and to delegate authority to the Chief Executive, in consultation with the Leader, Deputy Leader and Lead Members for Built Environment and Health and Wellbeing, to complete all necessary documentation and agreements to implement the resolutions.

97.2           The Chief Executive advised that Members had previously received a presentation from Severn Vale Housing Society and Bromford Housing in respect of the merger. In summary, the Severn Vale Housing Society Board had looked at all of the options and had felt that collaboration with another housing provider would improve both its strategic capacity and neighbourhoods for the people of the Borough; having looked at potential partners it was proposed to move forward with Bromford and Merlin under the Bromford ‘banner’. The report also addressed the issues concerning the relationship between Tewkesbury Borough Council and Severn Vale Housing Society in respect of the loss of the Council’s representative on the Board. The new organisation had indicated that it was committed to developing more affordable housing in the Borough, and also working with JCS partners, which was great news. The issues regarding the stock transfer were quite technical in nature as it was a complicated legal agreement but this would be comprehensively addressed before any agreements were signed.

97.3           Upon being proposed and seconded, it was

                  RESOLVED          1.  That the Council formally approves the merger of Severn                                         Vale Housing Society with Bromford/Merlin Group subject                                        to:

a)      the approval of the merger by the Severn Vale Housing Society Board; and

b)      the satisfactory completion, prior to the merger being completed, of an agreement(s) in respect of all matters of retained interest to the Council. 

2.   That Severn Vale Housing Society formally be advised that, on completion of the matters referred to in recommendation 1 (or upon the coming into effect of the Social Housing (Influence of Local Authorities) (England) Regulations 2017), the Council will agree to give up its shareholder role and Board representation nomination rights.

3.   That authority be delegated to the Chief Executive, in consultation with the Leader, Deputy Leader and Lead Members for Built Environment and Health and Wellbeing, to complete all necessary documentation and agreements to implement the above-mentioned resolutions.

97.4           The Mayor thanked the representatives from  ...  view the full minutes text for item 97.

To receive a ‘State of the Borough’ presentation from the Leader of the Council, Councillor Dave Waters.

98.1           The Mayor invited the Leader of the Council, Councillor Dave Waters, to make his ‘State of the Borough’ presentation to the Council.  

98.2           The presentation covered the following main points:

·         Introduction – 2017/18 had been a successful year and had marked the end of the second year of the Council Plan; the next couple of years would continue to be exciting although the challenge remained to deliver services that cost less but provided the same level of support for customers; Tewkesbury Borough was an ambitious Council which punched above its weight and would carry on driving its transform programme to ensure it continued to have efficient and effective services and it would continue to be a Council to be proud of.

·         Finances and Resources - this year the Council had acquired a further three commercial property investments, which brought its total investment to £31.1 million (for five properties), and was generating a net return of £1.15 million - a further £12 million investment had been agreed in additional properties; the top floor of the Public Service Centre had been refurbished, of which one third had been let by Commscope - overall income received from Public Services Centre partners for rental purposes was £184,000. The Leader thanked the Officers, and the Transform Working Group, for its work in producing the Medium Term Financial Strategy which was a significant piece of work - he felt it demonstrated the good working relationship between Members and Officers. It should also be recognised there were significant asset-related projects which would be delivered across the lifetime of the Council Plan which included Spring Gardens and the MAFF site - through positive Member and Officer joint working he felt sure those projects would come to fruition.  

·         Economic Development – in June 2017 the Council had launched a new Economic Development and Tourism Strategy 2017-21 to support its ambition to be the primary growth engine of Gloucestershire - this showed the real value of Overview and Scrutiny Committee as it was an Overview and Scrutiny Working Group that had worked with Officers to develop the Strategy; £465,000 of funding had been secured to bring a Business Growth Hub into the Public Services Centre - this was an exciting project and Tewkesbury Borough Council would be the first local authority in the country to host a Growth Hub within its building - the hub would open in September; the Council had continued to work with neighbouring authorities and key stakeholders to promote the local and strategic national benefit of an improved Junction 9 and was also working with Gloucestershire County Council, and other partners, to secure funding to improve Junction 10 to benefit the delivery of key sites and wider accessibility. In addition, the Community Funding Officer had supported over 100 community groups throughout the year to apply for funding - this took the total funds granted to over £1 million since July 2015.

·         Housing – after all the hard work of Officers and Members over a  ...  view the full minutes text for item 98.

99.1           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. 

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

(Exempt –Paragraph 2 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information which is likely to reveal the identity of an individual)

At its meeting on 14 March 2018 the Executive Committee considered the outcomes from the review of Development Services and made a recommendation to Council regarding the service restructure proposals and associated action plan.

(Exempt –Paragraph 2 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information which is likely to reveal the identity of an individual)

100.1         At its meeting on 14 March 2018, the Executive Committee had considered the outcomes of the review of Development Services and made a recommendation to Council regarding the service restructure proposals and associated action plan. Members considered the information provided and agreed the amended review document and restructure which had been submitted along with the associated action plan.