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.  

80.1          The evacuation procedure, as noted on the Agenda, was advised to those present.

81.1          Apologies for absence were received from Councillors S R Dove and J K Smith.  There were no substitutes for the meeting. 

Pursuant to the adoption by the Council on 24 January 2023 of the Tewkesbury Borough Council Code of Conduct, effective from 1 February 2023, as set out in Minute No. CL.72, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

82.1          The Committee’s attention was drawn to the Tewkesbury Borough Code of Conduct which was adopted by the Council on 24 January 2023 and took effect on 1 February 2023. 

82.2          The following declaration was made:

82.3          There were no further declarations made on this occasion.

To approve the Minutes of the meeting held on 10 January 2024.

83.1          The Minutes of the meeting held on 10 January 2024, copies of which had been circulated, were approved as a correct record.

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

(The deadline for public participation submissions for this meeting is Thursday 1 February 2024.)

84.1          There were no items from members of the public. 

85.1          There were no matters arising from the last Overview and Scrutiny Committee which required reporting to the Executive Committee. 

86.1          In the absence of the Chair of the Audit and Governance Committee, the Director: Corporate Services provided feedback from the last meeting of the Audit and Governance Committee held on 31 January 2024.

86.2          The Director: Corporate Resources advised that, at the Special meeting of the Audit and Governance Committee held the previous week, Members had received two audit reports around the Council’s new heating system and budgetary controls and Section 106 processes.  In terms of the latter, the audit opinion was that there was no assurance around the reconciliation of Section 106 processes and only limited assurance in terms of the ownership around Section 106 and the lack of procedures.  It had been made clear to the Committee this was a legacy issue and concerns had been raised by Members previously regarding the Section 106 process.  It was recognised that the audit should be a catalyst for improvement and, whilst there had been verbal assurance the recommendations of the audit would be implemented, the Audit and Governance Committee would receive an action plan for a complete review of the Section 106 process at its next meeting on 27 March 2024.

86.3          It was

RESOLVED           That the feedback from the Audit and Governance Committee be NOTED.

To recommend a budget to Council for 2024/25.

That, subject to the inclusion of the additional government funding in the final budget report, the following be RECOMMENDED TO COUNCIL:

i.              a net budget of £12,463,511;

ii.             a Band D Council Tax of £144.36 per annum for Tewkesbury Borough Council – an increase of £5.00 per annum;

iii.            the inclusion of growth items within the budget for 2024/25 as set out at Appendix A to the report; and

iv.           the capital programme as set out at Appendix B to the report.

87.1          The report of the Associate Director: Finance, circulated at Pages No. 13-40, set out the proposed budget for 2024/25.  Members were asked to recommend to Council the approval of a net budget of £12,463,511; a Band D Council Tax of £144.36, an increase of £5.00 per annum; the inclusion of growth items within the budget for 2024/25 as proposed in Appendix A to the report; and the capital programme as proposed in Appendix B to the report.  It was noted that the net budget being proposed represented a slight increase from the net budget of £12,357,208 set out in the report recommendation.

87.2          The Executive Director: Resources explained that the government had made a further £600m funding available nationally in its final local government settlement with the lion’s share going to upper tier authorities.  All councils would see an increase in Core Spending Power from 3% to 4% and a further £15m had been made available for the Rural Services Delivery Grant.  In addition, the Secretary of State had confirmed there would be no change to Council Tax referendum principle proposals and every authority would be required to submit productivity plans in time for the summer recess.  In terms of what that meant for Tewkesbury Borough Council, there would be additional funding of £106,303 to support the 2024/25 budget; however, rather than allocating it at this point, the sum would be set aside for draw down in the new financial year to meet the requirements of the Council Plan or the High Performing Organisation (HPO) workstream.  The draw down would require a separate report and approval by the Executive Committee to enable the virement of funds.  The recommendation had been amended to include the additional funding but the report would need to be rewritten ahead of Council to include the impact of the final local government settlement.

87.3          A Member sought clarification as to what would be covered by the HPO workstream and was advised that it spanned a whole range of areas in terms of the Council’s operation and performance and how the authority could move forward with delivery of services.  The Member indicated that she was concerned about Planning as the service was currently undergoing a real transformation but she understood two posts which were being advertised currently were also being advertised by neighbouring authorities at a much higher pay grade which clearly impacted on Tewkesbury Borough Council’s ability to recruit – she did not know how effective the improvements being implemented within the service would be without additional funding.  The Chair indicated that he was sure these points were valid; however, all Members would be able to quickly think of ways to allocate the additional funding which was the reason for not rushing to make that decision today.  Another Member welcomed the additional funding and felt that it must be spent on things the Council was doing rather than what it thought it should be doing - it would be nice to be able to communicate  ...  view the full minutes text for item 87.

To recommend to Council that the default Council Tax Reduction Scheme be adopted with effect from 1 April 2024 with a minor revision to the national working age regulations to allow for a de minimus tolerance for income changes; and that authority be delegated to the Director: Corporate Services, in consultation with the Lead Member for Finance and Asset Management, to agree the uprating of the working age regulations incorporated into the local Council Tax Reduction Scheme in line with those announced by the Department for Works and Pensions. 

That it be RECOMMENDED TO COUNCIL that:

i.              the default Council Tax Reduction Scheme be ADOPTED with effect from 1 April 2024 with a minor revision to the national working age regulations to allow for a de minimus tolerance for income changes; and

ii.             that authority be delegated to the Director: Corporate Services, in consultation with the Lead Member for Finance and Asset Management, to agree the uprating of the working age regulations incorporated into the local Council Tax Reduction Scheme in line with those announced by the Department for Work and Pensions. 

88.1          The report of the Head of Service: Revenues and Benefits, circulated at Pages No. 41-44, set out the proposed Council Tax Reduction Scheme for 2024/25.  Members were asked to recommend to Council that the default Council Tax Reduction Scheme be adopted with effect from 1 April 2024 with a minor revision to the national working age regulations to allow for a de minimus tolerance for income charges; and, that authority be delegated to the Director: Corporate Resources, in consultation with the Lead Member for Finance and Asset Management, to agree the uprating of the working age regulations incorporated into the local Council Tax Reduction Scheme in line with those announced by the Department for Work and Pensions. 

88.2          The Director: Corporate Resources advised that this was a standard report which was taken to Executive Committee and Council annually to approve a scheme to provide Council Tax discounts for the most vulnerable residents.  The recommendation for 2024/25 was to adopt the current scheme which was first adopted in 2020/21 i.e. the default national scheme with a tolerance level of income changes of £10 or less per week.  It was intended that, for next year, the Revenues and Benefits team would look at the various options for a new scheme and to work with Members to fully understand the scheme ahead of approval.  It was noted there was a typographical error at Paragraph 1.3 of the report where ‘charges’ should read ‘changes’.

88.3          It was proposed, seconded and

To recommend to Council that the definition of a care leaver be amended to a young person between the ages of 18 and 24 years for the purposes of Section 13A(1)(c) of the Local Government Finance Act 1992 and that the Council Tax Discount Scheme for Care Leavers, attached at Appendix 1 to the report, be adopted with effect from 1 April 2024. 

That it be RECOMMENDED TO COUNCIL that:

i.              the definition of a care leaver be amended to a young person between the ages of 18 and 24 years for the purposes of Section 13A(1)(c) of the Local Government Finance Act 1992; and,

ii.             the Council Tax Discount Scheme for Care Leavers, attached at Appendix 1 to the report, be adopted with effect from 1 April 2024. 

89.1          The report of the Head of Service: Revenues and Benefits, circulated at Pages No. 45-52, proposed a change to the Council Tax Discount Scheme for Care Leavers.  Members were asked to recommend to Council that the definition of a Care Leaver be amended to a young person between the ages of 18 and 24 years for the purposes of Section 13A(1)(c) of the Local Government Finance Act 1992; and that the Council Tax Discount Scheme for Care Leavers attached at Appendix 1 to the report be adopted with effect from 1 April 2024.

89.2          The Director: Corporate Resources advised that this was a countywide approach which was supported by all of the local district authorities in the county and would widen the definition of a Care Leaver in order to offer support up to the age of 25 years and would be open to Care Leavers who were formerly in the care of Gloucestershire County Council, or other local authorities in England who had subsequently moved to the area.  As set out in the report, in 2022/23, Tewkesbury Borough Council had awarded a discount to 11 Care Leavers aged between 18 and 21 years.  The Revenues and Benefits team had contacted the County Council to establish the impact of increasing the age bracket to 24 years and it was found that seven Care Leavers would be eligible so the impact would be minimal.

89.3          A Member asked what happened to Care Leavers aged 16 and 17 who left home but would not be eligible to claim this discount until they were 18 and was advised that 16 and 17 year olds were not required to pay Council Tax.  Another Member indicated that he fully supported the scheme but, prior to the Council meeting, he would like to understand the rationale for excluding Houses of Multiple Occupancy (HMOs) from the scheme as, presumably, even those renting would be paying Council Tax.

89.4          It was proposed by the Chair and subsequently

To recommend to Council that Council Tax be increased for all properties deemed second homes, which are occupied periodically by 100% from 1 April 2025, subject to any exemptions set out in subsequent Regulations and for implementation to be in accordance with those Regulations and guidance; the Council Tax Empty Homes Premium be increased to 100% for properties empty for between one and five years (currently between two and five years), from 1 April 2025, subject to any exemptions set out in subsequent Regulations and guidance; and, authority be delegated to the Executive Director: Resources, in consultation with the Lead Member for Finance and Asset Management, to amend the Council's policy relating to premiums in line with legislative or government requirements and changes. 

That it be RECOMMENDED TO COUNCIL that:

i.              Council Tax be increased for all properties deemed second homes, which are occupied periodically by 100% from 1 April 2025, subject to any exemptions set out in subsequent Regulations and for implementation to be in accordance with those Regulations and guidance;

ii.             the Council Tax Empty Homes Premium be increased to 100% for properties empty for between one and five years (currently between two and five years), from 1 April 2025, subject to any exemptions set out in subsequent Regulations and guidance; and,

iii.            authority be delegated to the Executive Director: Resources, in consultation with the Lead Member for Finance and Asset Management, to amend the Council's policy relating to premiums in line with legislative or government requirements and changes. 

90.1          The report of the Head of Service: Revenues and Benefits, circulated at Pages No. 53-59, set out a proposal to encourage the owners of second properties to bring them back into full time use and occupation through the imposition of premiums.  Members were asked to recommend to Council that Council Tax be increased for all properties deemed second homes, which were occupied periodically, by 100% from 1 April 2025, subject to any exemptions set out in subsequent Regulations and for implementation to be in accordance with those Regulations and guidance; the Council Tax Empty Homes Premium be increased to 100% for properties empty for between one and five years (currently between two and five years), from 1 April 2025, subject to any exemptions set out in subsequent Regulations and guidance; and, that authority be delegated to the Executive Director: Resources, in consultation with the Lead Member for Finance and Asset Management, to amend the Council's policy relating to premiums in line with legislative or government requirements and changes. 

90.2          The Chair indicated that he had reflected on the report and felt that the additional revenue raised through this proposal would be significant for Gloucestershire County Council but it would make little difference to Tewkesbury Borough Council which would effectively be policing it so he felt it would be worth speaking to partners to suggest that additional resources may be required by the authority which warranted a financial contribution.  The Executive Director: Resources explained that it was possible to speak to district colleagues to establish if they had similar thoughts and to raise this with the County Council at a meeting later that month; however, it would need to be agreed on a negotiation basis so, whilst Tewkesbury Borough Council would look to gain the maximum amount, the partner authorities may or may not be in favour.  A Member asked what would happen if the County Council said no and the Chair indicated that these negotiations could take place separately and did not prevent Members from voting on the recommendation before them today – the plan was to carry out the work within existing resources and, if Members were in support of the proposals, it would be a case of seeing how things went and if the cost of administering them exceeded the amount which the authority received, the Council could decide not to continue.  The Executive Director: Resources advised that Tewkesbury Borough Council had a duty to collect Council Tax and at the moment there was no suggestion that additional resources would be required; however, current resources were limited so it was possible further resource may be needed to ensure the Council received the total amount due to it.  He pointed out that the proposal was also about bringing empty properties back into the housing sector so that needed to be considered if Members were minded not to have the premiums in place.

90.3          A Member questioned whether information was already available in terms of the amount of empty  ...  view the full minutes text for item 90.

To consider the Committee’s Forward Plan.  

That the Executive Committee Forward Plan be NOTED. 

91.1          Attention was drawn to the Executive Committee Forward Plan, circulated at Pages No. 61-70, which Members were asked to consider.

91.2          With regard to the Parking Strategy Review which was due to come forward in 2024/25, a Member asked for an update on the rollout of electric vehicle charging points in Council-owned car parks.  The Executive Director: Resources advised that the Electric Vehicle Charging Strategy had been approved last year, tenders had gone out and bids submitted with a contractor due to be appointed in the next couple of months.

91.3          It was

To discuss the timing of Executive Committee meetings. 

That the time of Executive Committee meetings be changed from 2:00pm to 9:30am with immediate effect. 

92.1          The Chair indicated that the current timing of the meeting did not work particularly well in terms of working Members and those with childcare responsibilities so the suggestion was that the meetings be moved to 9:30am.  It was open to the Committee to determine its start time and he asked if anyone had any strong feelings against changing the time. 

92.2           Several Members indicated they were happy with the suggestion and it was proposed, seconded and