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Agenda and minutes

Venue: Tewkesbury Borough Council Offices, Severn Room

Contact: Democratic Services Tel: 01684 272021  Email:  democraticservices@tewkesbury.gov.uk

Items
No. Item

37.

Announcements

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.

Minutes:

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

38.

Apologies for Absence

Minutes:

38.1          Apologies for absence were received from Councillors N D Adcock, L C Agg, D J Harwood, A Hegenbarth, C E Mills, J P Mills, P W Ockelton and M J Williams. 

39.

Declarations of Interest

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.

Minutes:

39.1          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

39.2          The following declarations were made:

Councillor

Application No./Item

Nature of Interest (where disclosed)

Declared Action in respect of Disclosure

C M Cody

Item 7(c) – Garden Town Gateway Review Findings and Next Steps.

Had been employed in a professional capacity by Cratus.

Would speak and vote.

39.3          There were no further declarations made on this occasion.

40.

Minutes pdf icon PDF 166 KB

To approve the Minutes of the meeting held on 20 June 2023.

Minutes:

40.1          The Minutes of the meeting held on 20 June 2023, copies of which had been circulated, were approved as a correct record and signed by the Mayor. 

41.

Items from Members of the Public

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 Wednesday 19 July 2023).

 

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

Minutes:

41.1          There were no items from members of the public. 

42.

Member Questions properly submitted in accordance with Council Procedure Rules

To receive any questions submitted under Rule of Procedure 13. Any items received will be circulated on Monday 24 July 2023.

 

(Any questions must be submitted in writing to Democratic Services by no later than 10:00am on Monday 17 July 2023).

Minutes:

42.1          There were no Member questions. 

43.

Recommendations from Executive Committee

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

43a

Local Development Scheme pdf icon PDF 197 KB

At its meeting on 12 July 2023, the Executive Committee considered the Local Development Scheme for Tewkesbury Borough and RECOMMENDED TO COUNCIL that it be adopted to take immediate effect and that authority be delegated to the Associate Director for Planning, in consultation with the Lead Member for the Built Environment, to prepare the Local Development Scheme for publication correcting any minor errors such as spelling, grammar, typological and formatting changes that do not affect its substantive content.

Additional documents:

Minutes:

43.1          At its meeting on 12 July 2023, the Executive Committee considered the Local Development Scheme for Tewkesbury Borough and recommended to Council that it be adopted and take immediate effect; and that authority be delegated to the Associate Director: Planning, in consultation with the Lead Member for Built Environment, to prepare the Local Development Scheme for publication, correcting any minor errors such as spelling, grammar, typological and formatting changes that do not affect its substantive content.

43.2          The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No.10-18. 

43.3          The Lead Member for Built Environment proposed the recommendation of the Executive Committee and it was seconded by the Leader of the Council as Chair of the Executive Committee.  The Lead Member for Built Environment advised that all local planning authorities were required to prepare and keep up to date a Local Development Scheme (LDS).  The LDS set out what development plan documents the Council was intending to prepare in the coming three year period and the proposed timetable for doing so.  It was therefore an important way for communities and developers to keep track of progress on plan-making.  As Members would be aware, local plans were vital in setting a vision for growth, co-ordinating infrastructure and protecting the environment and there were real consequences of not having an up-to-date plan under the National Planning Policy Framework.  It was vitally important that the Council update, or replace, the Joint Core Strategy as quickly as possible given that it was already overdue.  She indicated that Tewkesbury Borough Council already had an LDS which was adopted around 15 months ago and set out a commitment to prepare a Joint Strategic Plan with Cheltenham Borough and Gloucester City Councils to replace the Joint Core Strategy which was adopted in 2017; however, it had been recognised for some time that it was necessary to re-think the approach and resources required to replace the Joint Core Strategy – discussions over many months had recognised that the cycle of preparing strategic plans followed by district local plans, each of which was subject to independent examination by the government, was both costly and time-consuming.  On that basis, the report was proposing a revised LDS setting out a new way of approaching the task with the three councils moving to collaboratively preparing a single plan containing both strategic and non-strategic policies.  This would have several advantages, as set out in the report - principally, it was the most effective way of discharging the statutory duty to co-operate as well as saving time and money in terms of being able to hold a single public examination in front of the Planning Inspectorate.  The Lead Member indicated that she was instinctively cautious about the approach and she was sure Members would agree it was vital that policies governing approaches to development in Tewkesbury town, the beautiful villages and rural areas should remain the discretion of Tewkesbury Borough Council and  ...  view the full minutes text for item 43a

43b

Planning Partnership Contribution pdf icon PDF 96 KB

At its meeting on 12 July 2023, the Executive Committee considered the Planning Partnership Contribution and RECOMMENDED TO COUNCIL that a virement of £120,000 from the local pay review budget to the Planning Partnership base budget be approved and that the new Planning Policy Officer post (included in the 2023-24 budget as a growth item) be moved to the Planning Partnership budget (ca. £40,000).

Minutes:

43.9          At its meeting on 12 July 2023, the Executive Committee considered a report in relation to resourcing the preparation of a development plan for the borough and agreed to recommend to Council that a virement of £120,000 from the local pay review budget to the Planning Partnership base budget be approved and that the new Planning Policy Officer post (included in the 2023/24 budget as a growth item) be moved to the Planning Partnership budget (ca. £40,000).

43.10        The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 19-22.

43.11        The Lead Member for Built Environment proposed the recommendation of the Executive Committee and it was seconded by the Leader of the Council as Chair of the Executive Committee.  The Lead Member for Built Environment advised that the Planning Partnership between Gloucester City, Cheltenham Borough and Tewkesbury Borough Councils had existed since 2008/09 and, since that date, all partner councils had contributed £60,000 per annum.  This had been regularly topped-up with one-off amounts due to the true cost of delivering the Joint Core Strategy.  As such, this report intended to ensure accurate budgeting for the full cost of preparing a development plan for the borough.  As she had mentioned in the previous Agenda Item, it was vital that plans were kept up-to-date; however, that was not easy and the replacement of the Joint Core Strategy was already overdue.  In particular, all local plans were tested by a government inspector to assess whether the duty to co-operate had been complied with, especially where housing needs arising in tightly constrained urban areas needed to be met in part in adjoining rural areas; the plan was based on robust evidence including assessment of alternative strategy options; and the plan had been subject to statutory stages of public consultation.  Following a review in 2022 looking at the resources needed to produce the next joint and local plan, Deloitte LLP worked out that each district council would need to contribute £220,000 per annum going forwards.  Cheltenham Borough and Gloucester City Council had already agreed the increased budgetary contribution and Tewkesbury Borough Council needed to do the same in order to ensure the partnership continued in the future.  The additional £160,000 per annum would be comprised of two parts; the new Planning Policy Officer agreed in the 2023/24 budget would now transfer to the Joint Core Strategy budget, and the remaining £120,000 would be taken from the budget set aside to meet the outcomes of the local pay review – this review was complete and the balance of £126,425 was no longer required to fund further pay increases.  Making provision for sufficient funding at this early stage in the process would ensure the programme was fully resourced and fit for purpose. 

43.12        A Member noted that £120,000 needed to be found for this financial year and questioned how many more financial years needed to be funded and where that money would come  ...  view the full minutes text for item 43b

43c

Garden Town Gateway Review Findings and Next Steps pdf icon PDF 121 KB

At its meeting on 12 July 2023, the Executive Committee considered the Garden Town gateway review findings and RECOMMENDED TO COUNCIL that the 17 recommendations from the gateway review report will form the basis of a new approach, with greater focus on engagement with our communities and robust programme management, and that the new approach will be brought back to Executive Committee for approval in September, including details on how the programme will be monitored.

Additional documents:

Minutes:

43.14        At its meeting on 12 July 2023, the Executive Committee considered a report in relation to the findings of the gateway review of the Garden Town programme and the proposed next steps for a refreshed approach and agreed to recommend to Council that the 17 recommendations from the gateway review report form the basis of a new approach, with greater focus on engagement with communities and robust programme management, and that the new approach be brought back to the Executive Committee for approval in September, including details on how the programme would be monitored. 

43.15        A report had been circulated with the Agenda for the current meeting at Pages No. 23-46.

43.16        As Chair of the Executive Committee, the Leader of the Council proposed the recommendation of the Executive Committee and it was seconded by the Lead Member for Built Environment.  The Leader of the Council advised that, as set out in the summary of the report, a number of concerns had been raised by Members in relation to the approach of the Garden Town programme which had suffered a number of setbacks with various sites lost at appeal, the loss of the Ministry of Defence site and the Court’s decision to overturn the planning permission to develop a road bridge over the railway in Ashchurch and Northway.  The growing strength of opposition from local Parish Councils and campaigners pointed to a feeling from the community that the Garden Town was being done “to” them, rather than “with” and “for” them.  The Liberal Democrat Group had raised concerns, as other Members had also done, and had received assurance from the Chief Executive that an objective review of the Garden Town programme would be carried out ahead of potential change of administration and he had given a commitment to undertaking an independent gateway review.  The review was carried out by Cratus, a well-established provider of consultancy services to local government, able to provide strategic advice and expertise as well as the capacity needed to undertake a thorough and comprehensive review.  The review had found no fundamental concerns with the aims or the principles of the Garden Town programme but had made 17 clear and hard-hitting recommendations that he believed would have a fundamentally positive impact on the programme’s delivery, particularly in relation to meaningful engagement and working with local communities, partners and developers.  The report set out there was a significant risk of developers bringing forward sites within the Garden Town area without the required infrastructure and community benefits and without adherence to Garden Town principles.  The report recognised that important steps had been taken to address the issue of there being no policy base for the Garden Town including the development of a programme for the new Joint Strategic Plan (JSP) which had been committed to and appropriately resourced; however, the report also pointed out that it would not be possible for the new JSP to be delivered in time to inform the Garden Town programme and applications  ...  view the full minutes text for item 43c

44.

Constitution Review Working Group pdf icon PDF 23 KB

To establish a Working Group to review the Council’s Constitution and to approve the Terms of Reference attached at Appendix 1 to the report.

Additional documents:

Minutes:

44.1          The report of the Monitoring Officer, circulated at Pages No. 47-49, asked Members to agree to the formation of a Constitution Review Working Group with the Terms of Reference attached at Appendix 1 to the report.

44.2          In proposing the report recommendation, the Lead Member for Corporate Governance explained that he wanted to achieve a Constitution which best reflected the needs of all Members of the Council, which maximised public involvement in Council activities and was as easy as possible for members of the public to access and understand.  As such, it was proposed that a Constitution Review Working Group be established which would meet as soon as possible according to the Terms of Reference set out at Appendix 1 to the report.  The proposal was seconded by the Support Member for Corporate Governance.

44.3          A Member noted that the proposed Terms of Reference stated that substitution arrangements would not apply and asked why that was the case.  The Monitoring Officer explained that it was the Council’s current practice not to have substitutes on Working Groups but that could be changed if Members so wished.  On that basis, the Lead Member for Corporate Governance indicated that he would like to amend his proposal to accommodate a change to the Terms of Reference to reword paragraph 2 (iv) of Appendix 1 in order for substitutions to apply.  This was supported by the seconder of the motion.  A Member asked if there would be scope for the Working Group to review the public’s right to raise questions and the Lead Member confirmed that was something he would be requesting. 

44.4          Upon being put to the vote, it was

RESOLVED          That it be AGREED that a Constitution Working Group be established with the Terms of Reference attached at Appendix 1 subject to an amendment to paragraph 2 (iv) in order for substitution arrangements to apply.

45.

Changes to Committee Membership

In accordance with Rule of Procedure 2.1 the Monitoring Officer has exercised his delegated authority to approve the following changes to Committee Membership:  

 

Councillor Thomas Budge has resigned from the Planning Committee and been replaced by Councillor George Porter.

 

Councillor Paul Ockelton has resigned from the Planning Committee and the Licensing Committee and been replaced by Councillor Ian Yates and Councillor George Porter respectively.

Minutes:

45.1          The Mayor advised that, in accordance with Rule of Procedure 2.1, the Monitoring Officer had exercised his delegated authority to approve the following changes to Committee Membership:  

Councillor Thomas Budge has resigned from the Planning Committee and had been replaced by Councillor George Porter.

Councillor Paul Ockelton had resigned from the Planning Committee and the Licensing Committee and had been replaced by Councillor Ian Yates and Councillor George Porter respectively.   

46.

Separate Business

The Chair will move the adoption of the following resolution:

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

Minutes:

46.1          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. 

47.

Separate Minutes

To approve the separate Minutes of the meeting held on 20 June 2023.

Minutes:

47.1          The separate Minutes of the meeting held on 20 June 2023, copies of which had been circulated, were approved as a correct record and signed by the Mayor. 

48.

Public Service Centre Air Source Heat Pump

(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 approve the heat replacement project and funding.

Minutes:

(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))

48.1          The Council approved installation of an air source heat pump in the Public Services Centre and the funding to deliver the scheme.