59.1           The Mayor advised that this was the first Council meeting since the sad loss of Honorary Alderman Margaret Ogden who had passed away on 30 October. She explained that Margaret had been a Borough Councillor for 20 years and an Honorary Alderman since 2015. She would be sadly missed by all that had known her. The Mayor invited any other Members who wished to speak to do so and the Leader of Council, Councillor Vines, indicated that Margaret had been a formidable, kind, sympathetic and sensitive figure at the Council for many years. She would be sadly missed by all that had met her and been ‘looked after’ and guided by her over her time as a Councillor. Councillor Stokes advised that she and Margaret had been friends for many years and had been members of the same heart support group whilst they had been on the Council together; she had been extremely sad to hear the news of her death. Councillor Davies advised that he had known Margaret for many years; she had been extremely loyal to the Council and the Borough as a whole and he had been saddened to hear of her death.

59.2           The Mayor thanked those Members for their comments and asked all in attendance to join in her a minute’s silence to show their respect.

60.1           An apology for absence had been received from Councillor J H Evetts.  

61.1           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.

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

To approve the Minutes of the meeting held on 20 September 2016 and those of the Extraordinary Meetings held on 19 and 25 October 2016.

62.1           The Minutes of the meeting held on 20 September 2016, and those of the Extraordinary meetings held on 19 and 25 October 2016, copies of which had been circulated, were approved as correct records and signed by the Mayor, subject to the following amendments:

·         20 September 2016 – Minute No. 41.3 – Insert before final sentence ‘However, the absence of a five year housing supply would be given added weight which might be capable of outweighing the planning (Neighbourhood Plan) objections to a development’.

·         25 October 2016 – Minute No. 56.3 – Amend sentence to read ‘At this stage the Council had no further information but this matter would be considered in detail when further information was received. and it was anticipated at this stage that any shortfall would be dealt with through the Plan review’.

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

63.2           The Mayor reminded Members that they had received a report, circulated separately, which detailed the boundary review – Council size submission.

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 30 November 2016).

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

64.1           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 6 December 2016.

(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).

65.1           There were no Member questions on this occasion.  

To receive a presentation from Councillor Jim Mason – Lead Member for Clean and Green Environment.  

66.1           The Mayor invited the Lead Member for Clean and Green Environment, Councillor J R Mason, to make his presentation to the Council.

66.2           The presentation covered the following main points:

·         Waste, Recycling and Street Cleansing Services – Partnership Working – The Council was a member of the Gloucestershire Joint Waste Committee which was the strategic coordinator for waste collection (Districts) and disposal (County). The Joint Waste Committee was served by the Joint Waste Team whose principal role was to specify, plan, procure, monitor, co-ordinate and improve the delivery of waste, recycling and street cleansing services. The Joint Waste Team was delivering a number of large projects for the Council including: procurement of a new waste, recycling and street cleaning vehicle fleet; retendering the contract for the Materials Recovery Facility (MRF) for recycling; calendars, campaigns and other waste communications; and monitoring of contracts with service providers including Ubico, Grundon, WEEE (electricals) and textile recyclers. Next year the team would be prioritising communications and service reviews of trade waste, garden waste and bulky waste.

·         Direct Services Provided by Ubico – Ubico had commenced trading in April 2015 and provided direct services including waste (garden, bulky, clinical and fly-tip clearance), recycling, food and clinical waste as well as street cleansing and grounds maintenance services. Currently 99.95% of refuse, recycling, garden, food and trade waste collections were on schedule.

·         Performance To Date up to Quarter 2 of 2016/17 – 54.94% of waste was recycled, reused or composted which was an increase of 3.15% between July and September 2016. In terms of performance against the previous year, refuse was down by 223.75 tonnes which meant a decrease in waste going to landfill; recycling was up by 282.28 tonnes; garden waste had increased by 411.95 tonnes; and the collection of food waste had increased by 266.54 tonnes.

·         Environmental Health – 1,041 service requests had been dealt with by the Environmental Health and Licensing Teams since 1 April 2016. Highlights included: three filthy and verminous premises being cleared; two Notices being issued to deal with poor drainage; and two premises causing a statutory nuisance had been dealt with.

·         Housing Conditions – 25 housing condition complaints had been investigated since April with three formal actions being taken: one Prohibition Order; one Improvement Notice; and one Hazard Awareness Notice. In terms of Disabled Facilities Grants, 60 applications had been received since April and around 40 were still being delivered; these included adaptations such as showers, stair lifts and door threshold ramps.

·         Warm and Well Scheme – This aimed to improve energy efficiency in the home and reduce the risk of fuel poverty and associated health problems. Since 2001, the scheme had provided energy advice to thousands of households in Gloucestershire and had improved more than 41,500 properties. Since April, there had been 186 enquiries to the scheme with 23 applications being processed for new (free government) boilers and seven properties had been insulated.

·         Other Pollution Control – The Council was duty bound to monitor air quality and Officers  ...  view the full minutes text for item 66.

To agree the ‘Council Size’ submission to be made to the Local Government Boundary Commission for England.  

67.1           The report, circulated separately at Pages No. 1-53, set out a draft submission on the future size of the Council which it was proposed would be sent to the Local Government Boundary Commission for England in response to its review of the Borough Ward boundaries. Members were asked to approve that submission.

67.2           The Head of Democratic Services explained that the Local Government Boundary Commission for England had decided to review the Borough’s Electoral Wards as, in 2015, eight of the Council’s 22 Wards had an electoral imbalance in excess of +/- 10. The first stage of that process was for the Council to submit its submission on its future size which included information such as governance; scrutiny; outside bodies and representational roles; and comparisons to the Council’s nearest neighbours. The Boundary Review Working Group had considered the information and recommended that the Council size should remain at 38 Councillors as it was currently.

67.3           The draft submission document had been sent to all Members, the Council’s Corporate Leadership Team, Heads of Service and the Local Government Boundary Commission for England for comment. A couple of minor comments had been made and the Commission had confirmed that the submission met its criteria. It now remained for the Council to agree whether or not it was happy with it. If the submission document was agreed by the Council it would be considered by the Commission on 20 December and the Council was likely to hear early in January what its view was. Once the submission was accepted, the Council would need to undertake a review of Wards which would be the more difficult part of the process.

67.4           Referring to housing numbers, some Members found it hard to see why they were so low. In response, the Head of Democratic Services explained that the building forecast being referred to had been put together by the Forward Planning team so she could not answer questions on specific sites herself; however, in order for a site to meet the Local Government Boundary Commission for England criteria it would have to be complete and have registered electors living in the properties by 2022. This meant that only sites that had planning consent and were being built had been included. She also indicated that the 2022 forecast may vary slightly when the final submission was made to the Commission dependant on a final check of the development sites, and the Wards they fell within, by the Forward Planning Team. In terms of the Joint Core Strategy, the Commission had been advised that this was ongoing and could result in a vastly different development outlook but it had advised that it was going to undertake the review now and if another review needed to be undertaken within ten years then so be it. In response to a query regarding transient residents, foreign nationals and those who were disinterested in registering to vote, the Head of Democratic Services reiterated that the Commission was only interested in  ...  view the full minutes text for item 67.

At its meeting on 23 November 2016 the Executive Committee considered the Medium Term Financial Strategy 2017/18-2021-22 and RECOMMENDED TO COUNCIL that the Medium Term Financial Strategy 2017/18-2021/22 be ADOPTED, subject to the following amendments which would add flexibility to the Strategy:

·           Paragraph 1.1 – amend sentence to read ‘…the level of savings and increased income that are likely to be needed. to keep Council Tax affordable….’

·           Paragraph 10.3 – amend sentence to read ‘…given the size of the deficit faced by the Council it is recommended that this strategy is continued for 2017/18 recognising the likely need for further increases in future years’.

·           Table 8 – amend heading to read ‘Impact of proposedcharges per Council tax band’.

·           Paragraph 10.5 – delete last sentence ‘Projections of future increases to council tax will ensure the council remains within the bottom quartile for council tax charges and meet its priority to maintain a low council tax’. 

68.1           At its meeting on 23 November 2016 the Executive Committee had considered a report on the Medium Term Financial Strategy 2017/18-2021/22. The Executive Committee had recommended to Council that the Strategy be adopted subject to amendments which would add flexibility to it:

·           Paragraph 1.1 – amend sentence to read ‘…the level of savings and increased income that are likely to be needed. to keep Council Tax affordable….’

·           Paragraph 10.3 – amend sentence to read ‘…given the size of the deficit faced by the Council it is recommended that this strategy is continued for 2017/18 recognising the likely need for further increases in future years’.

·           Table 8 – amend heading to read ‘Impact of proposedcharges per Council tax band’.

·           Paragraph 10.5 – delete last sentence ‘Projections of future increases to council tax will ensure the council remains within the bottom quartile for council tax charges and meet its priority to maintain a low council tax’. 

68.2           The report that had been considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 23-48.

68.3           The recommendation from the Executive Committee was proposed and seconded by the Chair and Vice-Chair of that Committee and accordingly it was

                  RESOLVED          That the Medium Term Financial Strategy 2017/18-2021/22 be                          ADOPTED subject to the following amendments which would                                add flexibility to it:

·           Paragraph 1.1 – amend sentence to read ‘…the level of savings and increased income that are likely to be needed. to keep Council Tax affordable…’;

·           Paragraph 10.3 – amend sentence to read ‘…given the size of the deficit faced by the Council it is recommended that this strategy is continued for 2017/18 recognising the likely need for further increases in future years’;

·           Table 8 – amend heading to read ‘Impact of proposedcharges per Council tax band’; and

·           Paragraph 10.5 – delete last sentence ‘Projections of future increases to council tax will ensure the council remains within the bottom quartile for council tax charges and meet its priority to maintain a low council tax’.

At its meeting on 16 June 2016 the Licensing Committee considered the Hackney Carriage and Private Hire Policy and RECOMMENDED TO COUNCIL that it be ADOPTED subject to the following amendments:

-        Paragraph 2.8 Security and CCTV

       There is no mandatory requirement for CCTV system in the licensed vehicles. Operators and drivers may install such equipment with prior written notification being supplied to the Council. Use of CCTV must be clearly indicated by signs in the vehicle including contact details for the system manager/operator. All such equipment and images must be operated in accordance with the Data Protection Act 1998. It is the responsibility of the driver/operator to ensure compliance. No audio, video or recording systems shall be installed or operated in the vehicle without prior written notification being supplied to the Council.

-        Appendix E, Paragraph 9

       Major traffic offences

       Isolated convictions, without disqualification, for a major traffic offence should not prevent an applicant from gaining a licence or an existing licence holder from keeping their licence but will normally merit a warning as to future driving and advice on the standard expected of hackney carriage and private hire drivers.  More than one. Any conviction for a major traffic offence within the last two years would require the application, or an existing licence holder, to be referred to the Licensing Sub-Committee for a decision. No further application would normally be considered until a period of three years free from convictions has elapsed.  Where an application has been refused, or an existing licence holder suspended because of this provision, they may be required to pass the DVSA Taxi and Private Hire Assessment before the licence is granted or the suspended licence reinstated.

69.1           At its meeting on 16 June 2016 the Licensing Committee had considered the Hackney Carriage and Private Hire Driver’s Policy. The Licensing Committee had recommended to Council that it be adopted subject to the following amendments:

-     Paragraph 2.8 Security and CCTV

     There is no mandatory requirement for CCTV system in the licensed vehicles. Operators and drivers may install such equipment with prior written notification being supplied to the Council. Use of CCTV must be clearly indicated by signs in the vehicle including contact details for the system manager/operator. All such equipment and images must be operated in accordance with the Data Protection Act 1998. It is the responsibility of the driver/operator to ensure compliance. No audio, video or recording systems shall be installed or operated in the vehicle without prior written notification being supplied to the Council.

-     Appendix E, Paragraph 9

     Major traffic offences

     Isolated convictions, without disqualification, for a major traffic offence should not prevent an applicant from gaining a licence or an existing licence holder from keeping their licence but will normally merit a warning as to future driving and advice on the standard expected of hackney carriage and private hire drivers.  More than one. Any conviction for a major traffic offence within the last two years would require the application, or an existing licence holder, to be referred to the Licensing Sub-Committee for a decision. No further application would normally be considered until a period of three years free from convictions has elapsed.  Where an application has been refused, or an existing licence holder suspended because of this provision, they may be required to pass the DVSA Taxi and Private Hire Assessment before the licence is granted or the suspended licence reinstated.

69.2           The report that had been considered by the Licensing Committee had been circulated with the Agenda for the current meeting at Pages No. 49-92.

69.3           In proposing the recommendation from the Committee, the Chair of the Committee advised that, following the February meeting of the Licensing Committee, a six month consultation period had been undertaken. The five responses to the consultation had been dealt with by the Committee at its meeting in June, as per the amendments which had been outlined within the Committee’s decision on the matter, and the Council was now asked to agree in line with that recommendation. The Licensing Committee Chair also felt that, once the Policy was in place, any minor amendments needed to ensure it remained in line with legislation should be delegated to the Deputy Chief Executive, the appropriate Lead Member and the Chair of the Licensing Committee to ensure it remained up to date and he so proposed. Members generally felt that this seemed a sensible approach.

69.4           During the brief discussion which ensued, a Member questioned why the vehicles could not have audio systems installed; he was of the view that this needed to be reworded so that it did not cause confusion. In response, the Environmental Health Manager confirmed that audio  ...  view the full minutes text for item 69.

At its meeting on 22 November 2016 the Standards Committee considered amendments to the Protocol for Councillors and Officers Involved in the Planning Process and RECOMMENDED TO COUNCIL that the revised Protocol be ADOPTED, subject to the following amendments:

·         Appendix A – Planning Obligations Officer Working Group – Terms of Reference – point 4 - amend to read ‘…on the draft Heads of Terms for major applications…’.

·         Appendix B – Summary Guide of Do’s and Don’ts – First point under ‘Do’ – amend to read ‘Do always involve Officers and structure ensure that any discussions with developers are structured and involve Officers’.

·         Appendix B - Summary Guide of Do’s and Don’ts – Point 12 under ‘Do’ – remove wording ‘Do use Meetings to show leadership and vision’.

·         Procedure for Planning Committee Site Visits – Paragraph 1.3 - amend to read ‘…visits subject to the this protocol….’

·         Procedure for Planning Committee Site Visits – Paragraph 3.2 – fifth bullet point – amend to read ‘Local Ward Members (see 2.1) will be asked to highlight any local issues relevant to the site visit’.

70.1           At its meeting on 22 November 2016 the Standards Committee considered amendments to the Protocol for Councillors and Officers Involved in the Planning Process and recommended to Councilthat the revised Protocol be adopted, subject to the following amendments:

·      Appendix A – Planning Obligations Officer Working Group – Terms of Reference – point 4 - amend to read ‘…on the draft Heads of Terms for major applications…’;

·      Appendix B – Summary Guide of Do’s and Don’ts – First point under ‘Do’ – amend to read ‘Do always involve Officers and structure ensure that any discussions with developers are structured and involve Officers’;

·      Appendix B - Summary Guide of Do’s and Don’ts – Point 12 under ‘Do’ – remove wording ‘Do use Meetings to show leadership and vision’;

·      Procedure for Planning Committee Site Visits – Paragraph 1.3 - amend to read ‘…visits subject to the this protocol….’; and

·      Procedure for Planning Committee Site Visits – Paragraph 3.2 – fifth bullet point – amend to read ‘Local Ward Members (see 2.1) will be asked to highlight any local issues relevant to the site visit’.

70.2           The report that had been considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 93-176.

70.3           In proposing the recommendation, the Standards Committee Chair advised that, in May 2016, the Council had approved, with some slight amendments, the continuation of the Scheme of Public Participation at Planning Committee following its successful trial period. The Protocol for Members and Officers Involved in the Planning Process had been comprehensively reviewed in 2015 and had now been given further consideration in light of the continuation of the Public Participation Scheme. He therefore proposed that the Protocol, which was attached at Appendix 1 to the report, together with the additional amendments which were listed on the Agenda, be approved. He confirmed that the recommended Protocol took into account the views expressed by individual Members and by the Planning Committee which he felt was important.

70.4           During the discussion which ensued, a Member questioned whether it had always been the case that the Development Manager had the discretion to refuse a Member’s request for a site visit. In response, he was advised that this approach had been in operation since the new Protocol had been implemented in April 2015. In practice this had not happened to date; if it did happen, and the Member did not agree with the decision of the Development Manager, there was no formal appeals process in place but the Member could bring the issue to the attention of the Corporate Leadership Team and they would investigate. Referring to Paragraph 3.4.4 of the Protocol, a Member indicated that he was not aware of written records of formal meetings undertaken between Officers and developers. In response, the Borough Solicitor confirmed that this was designed to protect Councillors against claims of pre-determination. It did not apply in the same way to Officers as it was  ...  view the full minutes text for item 70.

71.1           The Mayor 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 20 September 2016 and those of the Extraordinary Meetings held on 19 and 25 October 2016. 

72.1           The Separate Minutes of the meeting held on 20 September 2016, and those of the Extraordinary Meetings held on 19 and 25 October 2016, copies of which had been circulated, were approved as correct records and signed by the Mayor.  

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

(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))

At its meeting on 23 November 2016 the Executive Committee considered the Commercial Property Investment Strategy and made a recommendation to Council thereon.

(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))

73.1           The Council considered a recommendation from the Executive Committee on the Commercial Property Investment Strategy. Members resolved, in line with the recommendation from the Executive Committee, that the Strategy be approved and that a number of delegations be agreed to allow the acquisition of assets etc.

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

At its meeting on 23 November 2016 the Executive Committee considered a review of the Development Management structure and made a recommendation to Council thereon.

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

73.2           The Council considered a recommendation from the Executive Committee on a review of the Development Management structure. Members resolved, in line with the recommendation from the Executive Committee, that the proposals be agreed as set out within the report.

(Exempt –Paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings)

At its meeting on 23 November 2016 the Executive Committee considered a proposal to expand the Council’s vehicle fleet and made a recommendation to Council thereon.

(Exempt –Paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings)

73.3           The Council considered a recommendation from the Executive Committee on a proposal to expand the Council’s vehicle fleet. Members resolved, in line with the recommendation from the Executive Committee, that the proposals be agreed as set out within the report.