Agenda and minutes

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.

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

78.2          The Mayor welcomed a member of the public to the meeting and indicated that they would be asking a question at Agenda Item 5 in accordance with the scheme of public participation.

79.1          Apologies for absence were received from Councillors P W Ockelton and G F Porter. 

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.

80.1          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. 

80.2          There were no declarations made on this occasion.

To approve the Minutes of the meeting held on 12 December 2023.

81.1          The Minutes of the meeting held on 12 December 2023, copies of which had been circulated, were approved as a correct record, subject to an amendment to Page No. 14, Minute No. CL.75.7 to read: ‘During the discussion which ensued, a Member indicated that she had previously received many complaints from residents regarding the Mop Fair offering goldfish as prizes and she was pleased this was no longer the case, having changed in 2020….’ and Page No. 16, Minute No. CL.75.16 to include a reference to Trading Standards, and signed by the Mayor.

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 17 January 2024.).

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

82.1          A member of the public had used the Council’s Scheme of Public Participation to ask a question of the relevant Lead Member. The Mayor invited the member of the public to address the Council and ask his question and the Leader of the Council responded as follows: 

Question:

The current governance arrangements for Coopers Edge, a development of 1,900 homes with a population of 4,500, in the three Parishes of Brockworth, Hucclecote (Tewkesbury Borough) and Upton St Leonard’s (Stroud District), have been completely untenable for many years.

Currently both District and County services operate within silos divided by the District boundary. Even policing is a bureaucratic wrangle with different neighbourhood policing teams responsible for different parts of the development. It is probable that the significant delays in the delivery of community infrastructure (including allotments and sporting facilities) and the adoption of public open space and highways is related to lack of a single organisation to champion the community’s needs in an effective way.

The community cannot legally be placed into a single Parish without being within a single District or Borough. Similarly, the area cannot be covered by a single County Councillor without the area being in a single District or Borough. The same applies in terms of a single District Ward.

There is an urgent need for a “Principal Areas Boundary Review” to be undertaken to enable the community to be within one District; concurrently a Community Governance Review needs to take place to either establish a new Parish Council for the area or place it within a single existing Parish.

The guidance in relation to the Principal Area Boundary Review process requires a firm proposal supported by the relevant District/City/Borough Councils to be made to the Local Government Boundary Commission for England, who would in turn make a recommendation to the Department for Levelling Up, Housing and Communities. This inevitably requires significant community consultation to be undertaken at various stages.

Can the Leader of the Council clarify whether urgently resolving these issues is on his administration’s radar and, if it is, will it be included in the forthcoming refresh of the Tewkesbury Borough Council Plan; additionally, is it realistic for this to be delivered in time for the 2027 Borough and Parish elections?

Answer:

As a former resident of Coopers Edge, I am aware of some of the challenges faced by the local community there.  I also acknowledge that the current arrangements in terms of governance and service delivery are not ideal and could be confusing.

Against this background, I welcome your positive suggestion and feel that it is something worth exploring with Stroud District Council if a robust argument can be put forward and evidence provided of a strong wish for change within the community.  If this can be demonstrated, and a formal request for change is made to both authorities, the full implications and impacts of any proposal would need to be evaluated before being presented to Members for debate and decision.

It is difficult  ...  view the full minutes text for item 82.

To receive any questions submitted under Rule of Procedure 13. Any items received will be circulated by 5pm Monday 22 January 2024.

(Any questions must be submitted in writing to Democratic Services by, not later than, 10.00am on Monday 15 January 2024).

83.1          There were no Member questions. 

It is usual practice that the current Deputy Mayor be appointed Mayor for the ensuing Municipal Year.  

84.1          Upon being proposed and seconded, it was       

RESOLVED           That Councillor Philip Workman be appointed Mayor for the ensuing Municipal Year. 

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

84.2          Upon being proposed and seconded, it was       

RESOLVED           That Councillor Kashan Pervaiz be appointed as Deputy Mayor for the ensuing Municipal Year. 

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

At its meeting on 10 January 2024, the Executive Committee RECOMMENDED TO COUNCIL that the following be ADOPTED:

·         Capital Strategy 2024/25

·         Investment Strategy 2024/25

·         Minimum Revenue Provision Statement 2024/25; and

·         Treasury Management Statement 2024/25.

85.1          At its meeting on 10 January 2024, the Executive Committee considered the Capital Strategy 2024/25, Investment Strategy 2024/25, Minimum Revenue Provision Statement 2024/25 and Treasury Management Statement 2024/25 and recommended to Council that they be adopted.

85.2          The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 19-52.

85.3          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 Finance and Asset Management.  The Lead Member for Finance and Asset Management advised that the documents outlined the Council’s approach to its management of finances, with a focus on how money was invested, capital spent and how its treasury function was managed.  The four key documents before Members today had been developed to offer assurance to Members, the local community and wider stakeholders that the Council’s finances were being managed in an appropriate and sustainable way across the next year and beyond.  Having these strategies in place ensured that the Council was in line with the expectations of the Chartered Institute of Public Finance and Accountancy (CIPFA) Prudential Code.  The documents were expected to be updated on an annual basis so, for a number of Members, they would not be new; the strategies were based on those agreed last year and no major amendments had been made.  Members would be aware that the quarterly financial report included an update on the Council’s prudential indicators therefore the actual figures and financial position could be scrutinised on a regular basis through the financial year.

85.4          A Member noted from the table at Page No. 27 of the report that the total net income reduced over the years but, in light of the Council’s commercial investment, she wondered if it should at least stay the same.  The Executive Director: Resources advised that in terms of the minimum revenue provision this was set aside each year to repay the Council’s borrowing and deducted from that sum, therefore, it reduced on an annual basis.  Direct income from the Council’s properties was retained at the same level so hopefully would increase.  In response to a further Member query, clarification was provided that the figures in the table were in thousands i.e. £3,135 was actually £3,135,000 and the Executive Director: Resources undertook to ensure that was updated in next year’s report.

84.5          Upon being put to the vote, it was

RESOLVED           That the Capital Strategy 2024/25, Investment Strategy 2024/25, Minimum Revenue Provision Statement 2024/25 and Treasury Management Statement 2024/25 be ADOPTED.

At its meeting on 10 January 2024, the Executive Committee RECOMMENDED TO COUNCIL that establishment of a Community Infrastructure Levy Joint Committee with the Terms of Reference as set out at Appendix 1 to the report, including the pooling of strategic Community Infrastructure Levy monies by Cheltenham Borough, Gloucester City and Tewkesbury Borough Councils be APPROVED; that the amended Infrastructure List, as set out at Appendix 2 to the report, be APPROVED for publication; and that engagement with a wide range of infrastructure providers e.g. NHS, emergency services, Environment Agency be ENDORSED in order to identify any wider infrastructure priorities to be considered by the Community Infrastructure Levy Joint Committee.

85.6          At its meeting on 10 January 2024, the Executive Committee recommended to Council that establishment of a Community Infrastructure Levy Joint Committee with the Terms of Reference as set out at Appendix 1 to the report, including the pooling of strategic Community Infrastructure Levy monies by Cheltenham Borough, Gloucester City and Tewkesbury Borough Councils be approved; that the amended Infrastructure List, as set out at Appendix 2 to the report, be approved for publication; and that engagement with a wide range of infrastructure providers e.g. NHS, emergency services, Environment Agency be endorsed in order to identify any wider infrastructure priorities to be considered by the Community Infrastructure Levy Joint Committee.

85.7          The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 53-74.

85.8          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 this was a joint approach, working with Cheltenham Borough and Gloucester City Councils to deliver the strategic infrastructure required for the whole area to serve all three communities, for example, a new waste depot.  He stressed that decisions would be by consensus so all three authorities would need to agree and no one could be outvoted.  In terms of the Infrastructure List, this was an ongoing list which could be amended and added to – it was to be borne in mind that it was not for smaller infrastructure for communities which could otherwise be met through Section 106 contributions and, in any case, Community Infrastructure Levy (CIL) funding was sadly not enough to meet all infrastructure needs.  The Lead Member for Built Environment advised that the report sought Council’s support for the establishment of a Community Infrastructure Levy Joint Committee to provide governance for the allocation of the strategic infrastructure part of CIL receipts collected by the three partner councils and recommended approval of the Terms of Reference for the Joint Committee, as set out at Appendix 1 to the report; pooling of strategic CIL infrastructure funding by the three partner councils; publication of the amended Infrastructure List, as set out at Appendix 2 to the report, and engagement with a wider range of infrastructure providers to identify other priorities for consideration by the Joint Committee for inclusion on the Infrastructure List.  The Terms of Reference included the following requirements: an agreement to pool funding, subject to a periodic review; consensus of all three partner councils for proposed allocations; decisions and reviews to be reported to the Executive Committee or Cabinet; agreement of the joint Infrastructure List as part of the Infrastructure Funding Statement in December each year; agreement of the Infrastructure Delivery Plan, updated to support the joint Strategic and Local Plan (SLP) and; for Gloucestershire County Council to attend meetings but have no voting rights or scrutiny of bids for funding.  Members would recall  ...  view the full minutes text for item 85b

At its meeting on 10 January 2024, the Executive Committee RECOMMENDED TO COUNCIL that the revised version of the Gloucestershire Statement of Common Ground be APPROVED with the dashes in the “agreements” section removed and the removal of Appendix 3 to the previously approved version; and that authority be delegated to the Executive Director: Place, in consultation with the Lead Member for Built Environment, to make those amendments along with any necessary minor amendments, corrections and additions to in respect of any spelling, grammatical, cross-referencing, typographical errors and/or factual updates prior to signing by the Leader or Chief Executive.

85.13        At its meeting on 10 January 2024, the Executive Committee recommended to Council that the revised version of the Gloucestershire Statement of Common Ground be approved with the dashes in the “agreements” section removed and the removal of Appendix 3 to the previously approved version; and that authority be delegated to the Executive Director: Place, in consultation with the Lead Member for Built Environment, to make those amendments along with any necessary minor amendments, corrections and additions to in respect of any spelling, grammatical, cross-referencing, typographical errors and/or factual updates prior to signing by the Leader or Chief Executive.

85.14        The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 75-112.

85.15        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 explained that the Gloucestershire Statement of Common Ground had been prepared by the six local planning authorities in Gloucestershire, Gloucestershire County Council and the GFirst Local Enterprise Partnership.  The statement had been approved by Tewkesbury Borough Council in January 2023 with a number of caveats to the agreements contained within it and the Council now wished to fully sign up to all of the agreements and remove any caveats. 

85.16        A Member drew attention to Page No. 87 of the report and, with regard to Agreement 4 – The parties agree that responses to the climate and ecological emergencies must be commensurate with the scale and severity of the risk, and that coordinated action is the most effective means of responding – sought assurance that the Council was mindful of economic and financial implications and how the authority and its partners could incentivise greater uptake of alternative forms e.g. for Council Tax, Business Rates and non-strategic planning.  With regard to Page No. 91 of the report, Agreement 32 – The parties will support the form and location of appropriate waste management facilities to positively support a progressive approach to waste management and press on with the move towards a circular economy.  The parties will actively discourage waste management facilities that do not contribute to the development of the circular economy – the Member sought assurance this would not be to the detriment of Tewkesbury Borough residents.  In response, the Leader of the Council indicated he was very happy to give assurances on both points; it was recognised that the authority had financial parameters and he did not feel that signing up to this left the authority vulnerable in terms of the issues raised.  A Member noted that Page No. 91, Paragraph 7.1 of the report contained a bullet point which was incomplete: “The Senior Responsible Officer for the Gloucestershire Statement of Common Ground will be XXX.  They are charged with XXX.”  She understood this was a published document rather than a draft and she asked whether that information should be included.  ...  view the full minutes text for item 85c

To approve the recommendations set out in Appendix 1 to the report in relation to polling districts and polling places/stations within the borough; pending any further formal review, to delegate authority to the Returning Officer to make any further polling place and/or polling station changes as is necessary to enable the efficient and effective conduct of elections; and to delegate authority to the Registration Officer to make any changes as are necessary to the Register of Electors. 

86.1          Attention was drawn to the report of the Democratic and Elections Adviser, circulated at Pages No. 113-184, the additional recommendations, circulated separately, and the alternative polling district proposal for Tewkesbury South TSH3(C), circulated around the table.  Collectively these documents provided the outcome of the review undertaken in respect of polling districts and polling places/stations within the Borough.  Members were asked to approve the recommendations set out at Appendix 1 to the report subject to the amended proposal for Tewkesbury South polling district TSH3(C); pending any further formal review, to delegate authority to the Returning Officer to make any further polling place and/or polling station changes as necessary to enable the efficient and effective conduct of elections; to delegate authority to the Electoral Registration Officer to make any changes necessary to the Register of Electors; to remove numbers from polling district references and replace them with letters (with any reference to 1 becoming A, 2 becoming B, 3 becoming C and so on); and to delegate authority to the Electoral Registration Officer to make any further changes as may be necessary to polling district references.

86.2          The Democratic and Elections Adviser explained it was a statutory requirement for local authorities to undertake a regular review of all polling districts, polling places and polling stations within their area.  The last review had been carried out in 2019 but, due to the Parliamentary election that year, it had been light touch in nature.  As such, this was a very fundamental review which took account of 10 years of residential development across the borough, including changes to the Brockworth area where there had been significant development.  There was a 16 month window within which to conduct the review but the decision had been taken to carry out the review early in that period so that any new arrangements could be put in place ahead of the forthcoming Police and Crime Commissioner and Parliamentary elections.  There had been a comprehensive consultation with Members of Parliament with Constituencies within Tewkesbury Borough, County and Borough Councillors, Town and Parish Councils/Meetings within the Borough, and other interested parties including community groups and local organisations.  There had been a relatively good response and he was grateful to Members who had commented and those with whom he had had more detailed discussions, particularly where changes were being recommended, as their local knowledge had been invaluable.

86.3          In summary, the majority of the existing arrangements remained fit for purpose against the statutory guidance; however, there were a number of changes proposed largely resulting from residential development that had been carried out but also others where improvements could be made for the benefit of electors.  While the next statutory review period would begin in October 2028, the arrangements would be reviewed more informally after each election as a matter of course and, if it was felt further improvements could be made, these could be brought to Members on a full or part borough basis.  In addition, where other electoral reviews were  ...  view the full minutes text for item 86.

To determine the Scheme of Allowances to take effect on 1 April 2024 until 31 March 2025 having regard to the recommendations of the Independent Remuneration Panel.      

87.1          Attention was drawn to the report of the Democratic and Elections Adviser, circulated at Pages No. 185-194, which asked Members to determine the Scheme of Allowances to take effect on 1 April 2024 until 31 March 2025 having regard to the recommendations of the Independent Remuneration Panel as set out at Appendix 1 to the report.

87.2          The Leader of the Council proposed, and it was seconded, that no changes be made to the current Scheme of Member Allowances with all current allowances to remain in place for the period 1 April 2024 to 31 March 2025.  This was in accordance with the recommendation of the Independent Renumeration Panel.  The Leader of the Council indicated that he has asked for clarification in relation to Page No. 190 of the report which stated that the Independent and Parish Members of the Standards Committee received a co-optees allowance of £1,000.  The Monitoring Officer explained that the reference related to the position in 2010 rather than the current position which was that the two Independent Persons, who advised him as Monitoring Officer and attended Standards Committee meetings, were paid £500 per annum; the three Parish Councillors who had recently been appointed to the Standards Committee would receive no payment.

87.3          Accordingly, it was

RESOLVED           That no changes be made to the current Scheme of Member Allowances with all current allowances to remain in place for the period 1 April 2024 to 31 March 2025.

To approve the Schedule of Meetings 2024/25. 

88.1          The report of the Head of Service: Democratic and Electoral Services, circulated at Pages No. 195-200, asked Members to approve the Schedule of Meetings 2024/25 and to agree that Council meetings shall commence at 6:30pm rather than 6:00pm.

88.2          It was proposed and seconded that the Schedule of Meetings 2024/25 be approved and that it be agreed that Council meetings commence at 6:30pm rather than 6:00pm.  The Leader of the Council advised that feedback from Members had suggested that it would be beneficial for Council meetings to be held at the slightly later time of 6:30pm in order to enable them to attend in a timely fashion. 

88.3          A Member pointed out that, had the Council meeting this evening started at 6:30pm, it would now be after 9:00pm and she questioned how many Members had requested the later start.  In response, the Leader of the Council explained that, as part of the Constitution Review Working Group, Group Leaders had asked their respective Groups their preferred start time of 6:00pm, 6:30pm or 7:00pm and the responses received had been taken into consideration.  A Member questioned whether consideration had been given to public transport options and the impact the later start time would have on those who relied on those methods to attend Council meetings.  The Leader of the Council felt this was a good point which had not been fully considered; however, Members had been asked for their feedback and that point had not been raised.  Another Member indicated that she would be very happy to provide a lift for any Members who needed one to and/or from Council meetings.

88.4          A Member noted that resumption of the Annual Council meeting was due to be held the day after Mayor Making, i.e. 14 May and 15 May 2024, and he asked what had prompted that change as historically there was a week between the two meetings.  In response, the Director: Corporate Resources explained that this change had been implemented in 2023 to facilitate a meeting of the Planning Committee in May at the request of the service.

88.5          Upon being put to the vote, it was

RESOLVED           1. That the Schedule of Meetings 2024/25 be APPROVED.

2. That Council meetings commence at 6:30pm rather than 6:00pm.