Agenda, decisions and minutes

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.

12.1           The evacuation procedure, as noted on the Agenda, was taken as read.

12.2           The Chair welcomed Councillor Awford, Chair of the Overview and Scrutiny Committee, who was in attendance to present Item 7, Performance Management Report – Quarter Four 2017/18.

13.1           An apology for absence was received from Councillor M Dean. There were no substitutions for the meeting.

14.1           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.

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

To approve the Minutes of the meeting held on 6 June 2018.

15.1           The Minutes of the meeting held on 6 June 2018, copies of which had been circulated, were approved as a correct record and signed by the Chair.  

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

(The deadline for public participation submissions for this meeting is 5 July 2018).

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

To consider the Committee’s Forward Plan.  

That the Committee’s Forward Plan be NOTED.  

17.1           Attention was drawn to the Committee’s Forward Plan, circulated at Pages No. 9-14. Members were asked to consider the Plan.

17.2           Accordingly, it was   

To receive and respond to the findings of the Overview and Scrutiny Committee‘s review of the quarter four performance management information. 

That the Overview and Scrutiny Committee’s comments on the Performance Management Report for Quarter Four of 2017/18 be NOTED.

18.1           The report of the Chair of the Overview and Scrutiny Committee, circulated at Pages No. 15-60, asked Members to review and, if appropriate, take action on the observations of the Overview and Scrutiny Committee following its review of the 2017/18 quarter four performance management information.

18.2           Attention was drawn to the observations made by the Overview and Scrutiny Committee, attached at Appendix 1 to the report, to the Council Plan Performance Tracker, attached to the report at Appendix 2, and to the financial information circulated at Appendices 3-5.

18.3           The Chair of the Overview and Scrutiny Committee explained that, as part of the ongoing review of the effectiveness of Overview and Scrutiny, an external trainer had recently provided an overview of the national picture regarding scrutiny and the Chair had found it pleasing to note that the Council’s Overview and Scrutiny Committee demonstrated a lot of the traits she had mentioned; however, the one key area where the Council’s Overview and Scrutiny Committee’s effectiveness could be enhanced was the challenge it gave to the Executive Committee. He thanked those Members that had attended the session, as he felt it had been helpful for both Overview and Scrutiny and Executive Committee Members to be present, and indicated that Executive Committee Members may be asked to attend his Committee to present reports in future, just as he did at the Executive Committee. His Committee Members had also challenged him to be more robust when making his presentations on performance management to the Executive Committee and he had undertaken to meet that challenge.

18.4           In terms of the review of performance management information, the Overview and Scrutiny Committee had noted the information and key actions delivered which included: the excellent performance of the Council’s commercial property investments; the appointment of a Growth and Enterprise Manager and a Growth Hub Navigator in readiness for the introduction of the growth hub; the delivery of affordable homes which, at 233, had exceeded the target of 150; adoption of the Public Space Protection Order and the more proactive approach to enviro-crimes which had been seen; and the success of the garden waste ‘sticker’ project which had now sold 17,094 stickers and generated income of £769,000. The Committee had also recognised that some actions had not progressed as envisaged and had raised particular concern about the review of trade waste and the fact that delivery of the project had slipped for the third time from its original target of April 2017 – the Committee had felt that the positive approach to the garden waste project could be translated to the trade waste service so that it was commercially exploited to the fullest extent. During the recent review of Overview and Scrutiny it was generally accepted that the information reported to it was open and transparent but, in relation to trade waste, there had been references made to an Association for Public Service Excellence (APSE) report which Members were yet to have sight of. The Committee had also  ...  view the full minutes text for item 18.

To approve the Planning Enforcement Plan. 

That the Planning Enforcement Plan be APPROVED.  

19.1           The report of the Head of Development Services, circulated at Pages No. 61-81, attached the Planning Enforcement Plan which had been revised following consultation. Members were asked to approve the Plan as circulated.   

19.2           The Head of Development Services explained that the Executive Committee had approved the draft Plan for consultation purposes on 31 January 2018. It had then been published on the Council’s website with a paper copy available for inspection at the Public Services Centre. A press release had been issued, the consultation on the Plan had been promoted through social media and it had been sent to the Council’s Citizen Panel. In addition, it was sent to all Parishes, Councillors and Officers within the Council and external agencies that worked with, or had an interest in, the enforcement of planning regulations. The consultation period had run for four weeks up to the closing date of Monday 16 April 2018. 21 responses had been received; 13 from members of the public, seven from Parish Councils and one from a partner organisation. The responses had largely been positive with the Plan, its purpose and aims widely welcomed albeit with a small amount of further explanation, changes or additions suggested. In terms of its format, there appeared to be differing views regarding the document being easy to understand, properly referenced and written in plain English to those who regarded it as being difficult to read. The remaining comments included the need for a brief explanation of the County Council’s planning enforcement role to be provided in Section 2 of the document to ensure people were signposted to the correct authority; concern regarding the availability of resources to fully implement the Plan; concerns that the Council’s discretion to take enforcement action (expediency) made it too easy to take no action; a need to enforce building regulation breaches; and a need for more transparency and reporting of enforcement decisions.

19.3           The Head of Development Services explained that the purpose of the document was to inform members of the public what to do if they had been the subject of an enforcement notice and also how to report a breach. There was a flowchart at the end of the Plan which was felt to be particularly useful. Some improvements to enforcement procedures had also been made and should ensure the whole process was more efficient and effective.

19.4           Accordingly, it was 

To consider the adoption of the process, set out in Paragraph 3 of the report, for the distribution of S106 funds where the S106 agreement does not explicitly specify where the funding should be directed.

That the process for the distribution of Section 106 funds, where the Section 106 Agreement does not explicitly specify how the funding should be directed, be ADOPTED as set out in Paragraph 3 of the report.

20.1           The report of the Community and Economic Development Manager, circulated at Pages No. 83-88, proposed a clear decision-making mechanism for the distribution of Section 106 funds where the Section 106 Agreement was not explicit in where the funding should be directed. Members were asked to adopt the process as set out at Paragraph 3 of the report. 

20.2           Members were advised that there were a number of agreements made pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) (Section 106) that required the payment of financial contributions towards a range of facilities, including community infrastructure. For a range of reasons, in some instances, the terms upon which those financial contributions could subsequently be spent were not sufficiently specific. Consequently, the allocation of certain Section 106 funds could be subject to prolonged discussions. The report before the Committee sought to establish a clear decision-making mechanism in such scenarios to ensure the funds were allocated appropriately. It was anticipated the process would offer a clear and transparent procedure for applications for funding from Parish and Town Councils and the voluntary and community sector.

20.3           The proposed process would involve three stages and was summarised in a flow chart attached to the report at Appendix 1: Council to notify Parish/community of trigger point; community group and/or Parish/Town Council to submit details to Council and Officers to check paperwork and make a recommendation; Head of Development Services to consider application in consultation with a panel of local/Lead Members on the basis of criteria and make a recommendation. Referring to stage 1 of the flowchart, a Member was aware of an issue in Gotherington where the village had held a Parish Poll that decided not to spend money on the Church Centre; she questioned how the Council would consult with the Parish where there was a conflict between it and the community. In response, the Community and Economic Development Manager explained that the Parish, and any local groups Officers were aware of, would be contacted and, ideally, they would work together to provide one submission; if that was not possible the panel would make the decision in consultation with the Head of Development Services. The panel would have to take into account the views of the Parish and the community but, in the event of multiple requests for the same money, the Members would have to make the decision to ensure clarity and transparency.

20.4           In response to a query regarding trigger points, the Head of Development Services indicated that these were usually set out in the agreement i.e. upon completion of the twentieth house. The Member questioned what would happen if the Parish/Town Council had aspirations for Section 106 monies which were not achievable and whether the Parish/Town Council/community group had to be ready to submit its application as soon as the trigger point was reached. In response, the Head of Development Services explained that the submission would have to meet the test for community need and a  ...  view the full minutes text for item 20.

21.1           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 12(A) of the Act.

To approve the separate Minutes of the meeting of the Committee held on 6 June 2018.

22.1           The separate Minutes of the meeting held on 6 June 2018, copies of which had been circulated, were approved as a correct record and signed by the Chair.  

(Exempt –Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information relating to the financial or business affairs of any particular person (including the authority holding that information))

To consider the way forward regarding the disposal of the MAFF Site in line with the Council’s priorities.

(Exempt –Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information relating to the financial or business affairs of any particular person (including the authority holding that information))

23.1           The Committee considered and agreed the way forward regarding the disposal of the MAFF site, subject to appropriate terms, surveys and legal documentation.   

(Exempt –Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information relating to any individual) 

To consider the outcomes of the review of Community Services and make a recommendation to Council as to the way forward.  

(Exempt –Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information relating to any individual) 

24.1           The Committee considered the outcomes of the review of Community Services and made a recommendation to Council as to the way forward.