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.

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

90.1          Apologies for absence were received from Councillors A Hegenbarth, P W Ockelton  and M J Williams. 

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.

91.1          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. 

91.2          The following declarations were made:

91.3          There were no further declarations made on this occasion.

To approve the Minutes of the meeting held on 23 January 2024.

92.1          The Minutes of the meeting held on 23 January 2024, copies of which had been circulated, were approved as a correct record 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 21 February 2024).

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

93.1          There were no items from members of the public. 

To receive any questions submitted under Rule of Procedure 13. Any items received will be circulated by 5pm on Monday 26 February 2024.

(Any questions must be submitted in writing to Democratic Services by, not later than, 10.00am on Monday 19 February 2024).

94.1          The following questions were received from Councillor Cody to the Lead Member for Built Environment, Councillor Mary Jordan.  The answers were given by the Lead Member for Built Environment and were taken as read without discussion.

1.    Question

                 Following my previous questions regarding dead trees and hedges at the Coombe Hill development, the hedge and tree planting season is nearly at an end.  Officers visited the site and contacted the developer to replant as per the stipulation that "this new hedge will enjoy protection for at least five years following completion of the development”.  When are the trees and hedges going to be replanted?

Answer

                 We are informed that replacement planting to address the Council’s concerns has been carried out by the developer. Planning Compliance Officers are due to inspect the site in the near future.

2.    Question

                 Given that a large proportion of the first hedges and trees are dead, will the newly planted ones also 'enjoy protection for at least five years' from time of planting?

                 Answer

                 No. The five year period is not restarted from the date of new planting. Wording from the landscaping condition states: “If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year maintenance period.”

3.    Question

                 Who will take responsibility for ensuring their success?

                 Answer

                 It is the developer/landowner’s responsibility to ensure compliance with the planning conditions. We will investigate if a management company has been engaged to handle landscaping maintenance on behalf of the developer.

4.    Question

                 What is the process for verifying that trees and hedges planted on new estates with such stipulations are checked?

                 Answer

                 Developers are required to comply with planning conditions attached to their planning permissions. This includes maintenance of landscaping where such a condition is imposed. We do not have the resources to monitor the success of landscaping across all developments in the borough. We will, however, investigate breaches of planning conditions if we become aware of them and take appropriate action.

94.2          The Mayor invited a supplementary question and the Member asked the following questions in relation to each of the original questions:

1.    Please can I be told when the inspection has been carried out and its        outcome? 

2.    Do we find it acceptable that ancient hedgerows can be taken out on the basis that new ones are planted, despite the high possibility that many will die; although they have to be replanted within the first five years, after this date, is it irrelevant if they have failed?  Ought we not insist onsomething stronger, are we not ignoring the importance of the protection of nature?

3.    What happens if a management company hasn’t been engaged to handle        landscaping maintenance on behalf of the developers?

4.    Do we need a better process in order to track the health and maintenance of      trees and hedges planted on new estates in this fashion?

94.3          The Lead Member for Built Environment advised that  ...  view the full minutes text for item 94.

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

(If a Councillor intends to move a Motion or Amendment in relation to the Council’s annual budget, the text of the proposed Motion or Amendment must be submitted in writing to the Executive Director: Resources by 9.00am on the working day preceding the day of the Council meeting).

At its meeting on 7 February 2024, the Executive Committee considered the 2024/25 budget and RECOMMENDED TO COUNCIL:

1.   That a net budget of £12,463,511 be APPROVED.

2.   That a Band D Council Tax for Tewkesbury Borough Council services of £144.36 per annum, an increase of £5.00 per annum, be APPROVED.

3.   That the growth items for 2024/25, as proposed in Appendix A, be included within the budget.

4.   That the capital programme, as proposed in Appendix B, be APPROVED.

An amended report is attached for consideration.

95.1          At its meeting on 7 February 2024, the Executive Committee considered the 2024/25 budget and made a recommendation to Council.

95.2          The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 23-50.

95.3          The recommendation of the Executive Committee was proposed by the Chair of the Executive Committee and seconded by the Lead Member for Finance and Asset Management.  The Lead Member for Finance and Asset Management advised that much work had been undertaken in recent weeks to develop a workable budget for the new Council year.  The process for developing the budget, and the details of the finances, had been discussed at various meetings including Transform Working Group, Executive Committee and a well-attended Member Briefing last week.  He thanked Members for their contributions, challenges and ideas which had helped colleagues to develop this final budget for the year ahead.   The detail of the budget was set out at Paragraph 6 of the report which outlined the variances from the current year; it was worth noting that areas within the Council were being challenged to bring in additional income from their activities and also that some prudent changes had been made to the ways in which the Council was managing its treasury and investments.  In terms of the process, the Provisional Local Government Settlement was received on 18December 2023 which had kick-started a brief period of consultation for the government to receive feedback from the sector.  In recent months, a number of local authorities had raised the Section 114 flag and concerns had been expressed by MPs and in the media regarding the state of finances within local government; these had perhaps been ‘heard’ as the Final Settlement had seen an increase in funding which was somewhat unusual.  The majority of the additional funding had been ring-fenced for social services but there had been a 1% rise in the funding guarantee threshold and additional funding linked to the Rural Service Delivery Grant which had resulted in Tewkesbury Borough Council’s provisional settlement offer being increased by £106,000 for the new financial year.  This announcement had only been made in recent weeks, as such, although the extra income had been included in the report, it had not been linked to any area of spending or service delivery; instead, it was to be held in reserves until Members agreed on a viable plan that could make good use of the funding.  In accordance with the Local Government Act 2003, the Council’s Chief Finance Officer must make a statement on the robustness of the estimates and the adequacy of the Council’s reserves and that statement was set out at Paragraph 11 of the report with the Chief Finance Officer deeming the position as ‘adequate’ for the year ahead.  The Lead Member thanked the Officer team for their detailed yet fast-paced work in pulling together this balanced budget and the associated documentation and hoped it would be approved in accordance with  ...  view the full minutes text for item 95a

At its meeting on 7 February 2024, the Executive Committee 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.  

95.7          At its meeting on 7 February 2024, the Executive Committee considered the Council Tax Reduction Scheme and recommended 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 Work and Pensions.  

95.8          The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 51-54.

95.9          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 report outlined the Council’s desired approach to support residents who qualified for support in paying their Council Tax bills. The recommendation was for Council to approve that the current scheme, which had been in place for the last 10 years, remained in place with a minor revision to the national working age regulations to allow for tolerance to small changes in income i.e. £10 per week. 

95.10        Accordingly, it was

RESOLVED          1. 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.

2. 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.  

At its meeting on 7 February 2024, the Executive Committee 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.   

95.11        At its meeting on 7 February 2024, the Executive Committee considered the Council Tax Discount Scheme for Care Leavers and recommended 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.  

95.12        The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 55-62.

95.13        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 report outlined the positive approach being taken by councils across the county to better support young care leavers.  The report recommendation would result in categorising young care leavers as being between the ages of 18-24, as opposed to ages 18-21, and give them eligibility for the Council Tax discount scheme, as set out at Appendix 1 to the report.  It was important for Members to approve this scheme to avoid Tewkesbury Borough Council being an outlier in supporting its young care leavers.

95.14        A Member indicated that he was very supportive of this scheme and did not intend his questions to be critical; however, he was unsure if the records held by the local authority were accurate in terms of people who had left care, particularly the older age range who may need to be identified and he asked what could be done by the Council to find them.  In addition, with regard to Houses of Multiple Occupancy (HMOs), an element of the rent paid by tenants to landlords would cover Council Tax so he was concerned that the discount may not be passed on to the care leaver in those circumstances.  In response, the Director: Corporate Resources advised that the authority was notified of care leavers by the relevant team at Gloucestershire County Council.  There was a proposed action in the new draft Council Plan for a countywide offering for care leavers – at the moment this was siloed to Council Tax and Housing Officers.  In terms of the point about HMOs, he undertook to take this into consideration as part of the corporate offering in the new Council Plan.  The Leader of the Council felt it was vital for the Council to do its utmost to support care leavers.  The Member had made a valid point and, whilst there may not be a way to address that particular situation, he would raise it with partner authorities and provide a response to Members following the meeting.

95.15        Upon being put to the vote, it was

RESOLVED          1. That it be AGREED that the definition of a care leaver be  ...  view the full minutes text for item 95c

At its meeting on 7 February 2024, the Executive Committee 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. 

95.16        At its meeting on 7 February 2023, the Executive Committee considered the Council Tax premiums and recommended 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; that 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. 

95.17        The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 53-59.

95.18        As Chair of the Executive Committee, the Leader of the Council proposed the recommendation of the Executive Committee and advised that Members were voting on the principle of the scheme as the full detail was yet to be provided by the government.  The proposal was seconded by the Lead Member for Finance and Asset Management who indicated that the report outlined a scheme to set increased Council Tax premiums for properties in the borough defined as either second or empty homes. This proposal was linked to the Levelling Up and Regeneration Act 2023 which gained royal assent in October 2023.  It was important to note that these recommendations were to be launched and communicated across the coming months, with implementation planned for the 2025/26 financial year.  Although there may be some additional funding to the Council, the aim of the scheme was to encourage property owners to bring their properties back into full use in line with the Act.

95.19        A Member sought clarification as to what the Leader of the Council had meant by saying that Members were voting on the principle of the scheme and was advised that the full details, including the exemptions, were yet to be received from the government so Members could only vote on what was before them.  A Member drew attention to Page No. 63, Paragraph 1.8 of the report which talked about the concern that couples who owned a second home may claim they were living separately and were single occupants of each respective property; she was sure many people would be in that situation and asked if it was down to the Council to carry out checks in relation to that.  The Director: Corporate Resources confirmed this was an internal piece of work carried out by the team using checks on data sources.  A Member sought clarification as to what ‘periodically’ was defined as in terms of the occupation of second homes as set out in the recommendation and how Airbnb properties fitted into the  ...  view the full minutes text for item 95d

To agree the Council Tax for 2024/25.  

96.1          Having agreed the Council’s 2024/25 budget earlier in the meeting, attention was drawn to the report, circulated separately, which asked Members to approve and set a Council Tax requirement for 2024/25. 

96.2          In proposing the Council Tax report, the Lead Member for Finance and Asset Management explained that, as the billing authority, the Council must formally approve the Council Tax charge to its residents for the forthcoming year including the levels set by the County Council and the Police and Crime Commissioner for Gloucestershire as well as Town and Parish Councils.  In line with the 2024/25 budget approved earlier in the meeting, the average Band D Council Tax within the borough would be £2,126.05 per annum which was an increase of £97.13 or 4.79%. This position was a combination of the following increases in Council Tax: the County Council – 4.99% or £76.04; the Police and Crime Commissioner – 4.41% or £13.00; the average Town and Parish Council – 4.47% or £3.16; and Tewkesbury Borough Council – 3.59% or £5.00.  As a result of these increases, it should be noted that with the government still not enabling the Council to be able to appropriately increase its premium, Tewkesbury Borough Council’s share of the overall Council Tax bill fell from 6.86% to 6.79%.  This position was summarised in the table at Paragraph 3.1 of the report with further detail provided in its appendices.  The full Council Tax resolution, as required by the legislation, was contained within Appendix A to the report and he asked the Council to formally approve it in order for Officers to issue bills to residents in a timely manner.

96.3          The recommendation was seconded and, in accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, voting was recorded as follows:

96.4          Accordingly, it was

RESOLVED           1. That it be NOTED that, on 1 December 2023, the Council calculated:

a)  the Council Tax Base 2024/25 for the whole Council            area as £37,632.47 (Item T in the formula in section       31B of the Local Government Finance Act 1992, as amended (the "Act")); and,

b)  for dwellings in those parts of its area to which a Parish precept relates as in the attached Appendix C.

2. That the Council Tax requirement calculated for the Council's own purposes for 2024/25 (excluding Parish precepts)  ...  view the full minutes text for item 96.

To agree the establishment of the Gloucestershire City Regions Board and that authority be delegated to the Chief Executive, in consultation with the Leader of the Council, to finalise and complete the Inter-Authority Agreement and other key documentation and to take all necessary steps to create the Gloucestershire City Regions Board, including finalising the Terms of Reference for the Gloucestershire City Regions Board with those recommendations not being effective until all Gloucestershire Councils pass equivalent resolutions; and upon the establishment of the Gloucestershire City Regions Board, to agree to delegate this Council’s functions to the Gloucestershire City Regions Board as necessary for the delivery of the functions identified in the Terms of Reference at Appendix 1 to this report; confirm the appointment of Gloucestershire County Council as the Administering Authority; and appoint the Leader of the Tewkesbury Borough Council to the Gloucestershire City Regions Board as the nominated Member of the Board and to appoint a substitute Member to the Board.

97.1          Attention was drawn to the report of the Chief Executive, circulated at Pages No. 69-90, which set out the emerging form and function of the Gloucestershire City Regions Board.  Members were asked to agree the establishment of the Gloucestershire City Regions Board and that authority be delegated to the Chief Executive, in consultation with the Leader of the Council, to finalise and complete the inter-authority agreement and other key documentation and to take all necessary steps to create the Gloucestershire City Regions Board, including finalising the Terms of Reference for the Board with those recommendations not becoming effective until all Gloucestershire Councils passed equivalent recommendations; and, upon the establishment of the Gloucestershire City Regions Board, to agree to delegate this Council’s functions to the Gloucestershire City Regions Board as necessary for the delivery of the functions identified in the Terms of Reference as set out at Appendix 1 to the report; confirm the appointment of Gloucestershire County Council as the administering authority; to appoint the Leader of Tewkesbury Borough Council to the Gloucestershire City Regions Board as the nominated Member of the Board and to appoint a substitute Member to the Board.

97.2          The Leader of the Council proposed the report recommendation, subject to an amendment to propose that the Deputy Leader of the Council be the substitute Member of the Board.  He acknowledged that the Gloucestershire City Regions Board name was likely to cause some concerns but explained that the Gloucestershire local authorities had worked jointly through membership of Severn Vale, Rural Ambitions and Central Gloucestershire City Region Boards, together with the Gloucestershire Economic Growth Joint Committee, for several years.  Following a review of the joint working arrangements, Leadership Gloucestershire had agreed that the three Boards and the Joint Committee should be merged into a single forum under the name of the Gloucestershire City Regions Board serving the whole county.  The report set out the emerging form and function of the Gloucestershire City Regions Board, the nature of its authority, Terms of Reference, membership and joint scrutiny arrangements.  He had sought assurances in terms of the devolution offer from the government and advised that Gloucestershire County Council could do this with or without Tewkesbury Borough Council so becoming part of the Gloucestershire City Regions Board would ensure Tewkesbury Borough Council had a seat at the table along with the other district authorities.   The proposal was duly seconded.

97.3          A Member expressed the view that the Gloucestershire City Regions Board was a very misleading name given the largely rural nature of the county, particularly Tewkesbury Borough, and she questioned why this report had not been taken to the Executive Committee.  In response, the Chief Executive advised that it was a matter of timing and he stressed that the Council did not have the ability to make changes to the process, it could simply decide whether it wished to sign up to the Gloucestershire City Regions Board.  A Member indicated that, historically under the Gloucestershire Economic Growth Joint Committee, there  ...  view the full minutes text for item 97.

To consider the draft consultation responses and to adopt the Tewkesbury Garden Communities Charter and commence the process of stakeholder ‘sign-up’. 

98.1          Attention was drawn to the report of the Executive Director: Place, circulated at Pages No. 89-180, and the amendment to Paragraph 2.2 of the report circulated separately, which set out the responses to the consultation on the draft Tewkesbury Garden Communities Charter.  Members were asked to consider the responses and to adopt the Tewkesbury Garden Communities Charter and commence the process of stakeholder sign-up.

98.2          In proposing the report recommendation, the Leader of the Council advised that, as part of the earlier gateway review of the Tewkesbury Garden Town Programme, the recommendations of which had been reported to Council in September 2023, it was proposed that a programme charter document be developed to help stakeholders better understand the concept and to set out a shared set of aspirations for the programme.  A draft charter had been issued for consultation in December 2023 and Appendix 1 to the report listed the comments received during the consultation with a series of responses detailing any actions/amendments included within the charter, attached at Appendix 2 to the report, which was proposed for adoption.  The proposal was duly seconded.

98.3          A Member indicated that some changes to the document had been agreed at the Assurance Board meeting last week which had not been tabled at this meeting and she asked if the proposal should be amended to include those.  The Member also asked if the document had been taken to the other community groups and the Oversight Board to confirm they were happy for it to be adopted.  In response, the Executive Director: Place confirmed those amendments would be factored in but the purpose of this report was for the Council to adopt the substantive vision.  He confirmed that the Oversight Board had been closely involved in shaping the charter, as had all of the other governance groups.  Another Member sought clarification regarding the map at Page No. 168 of the report as he was unclear as to how the suggestion that the Garden Communities would cover six potential areas had been reached.  The Executive Director: Place advised this was something which had been discussed by the Assurance Board and would be addressed. 

98.4          During the debate which ensued, a Member expressed the view that Appendix 1 of the report demonstrated that the Council had done great job of engaging and encouraging comments in relation to the draft charter; however, in terms of the responses to the comments these were somewhat bland answers to detailed questions and he would like to see more context.  With regard to Pages No. 129 and 136 of the report which related to the comments from the North Ashchurch Consortium, he acknowledged there seemed to be pushback around some of the aspirations, particularly in terms of being carbon neutral, and he hoped the Council would continue to be as robust as it could be - there were many examples of quality market and affordable housing developments with zero carbon emissions.  Another Member indicated that she had no issue with  ...  view the full minutes text for item 98.