Agenda and minutes

69.1           Apologies for absence were received from Councillors J H Evetts, L A Gerrard, C Reid and P N Workman.  

70.1           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.

70.2           The following declarations were made:

70.3          There were no further declarations made on this occasion.

To approve the Minutes of the meeting held on 28 January 2020.

71.1           The Minutes of the meeting held on 28 January 2020, copies of which had been circulated, were approved as a correct record and signed by the Mayor, subject to an amendment to Minute No. CL.58.4 to clarify that Councillor Ockelton’s supplementary question had requested a detailed trajectory, full list of housing sites, number of properties and timescale for delivery for the next two years not the next five years.

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.

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

72.2           The Mayor welcomed the member of the public who was in attendance to ask a question, in accordance with the Council’s public scheme of participation, at Agenda Item 5 – 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 12 February 2020).

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

73.1           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 questions and the Lead Member for Built Environment responded as follows: 

                  Question

Does the Borough Council have a view on the recent Tewkesbury Town parking proposals made by the County Council’s contracted consultants which will have a damaging effect on the viability of the Town Centre, and will the Council be making formal representations to the County in the light of the lack of clear and proper consultation and the overwhelming opposition of the majority of residents?

Answer

A key priority of our Tewkesbury Borough Council Plan is to support economic growth and to help improve prosperity for all our communities across the borough, including Tewkesbury Town Centre. We have instigated a number of actions to achieve this, in particular our successful bid for national funding to support Tewkesbury High Street, and we work with a variety of organisations to support the viability of the town centre.

Relevant Council officers have been kept fully informed of the progress of Gloucestershire County Council's on-street parking review, and we note its recent decision to suspend the consultation. As yet, Tewkesbury Borough Council has not determined a response to the consultation but will consider its position in light of Council policies should this consultation resume, or if new proposals are made.

The Borough Council currently has an off-street Parking Strategy Review Working Group to review its own strategy for the use of Borough Council run car parks, which provides an effective process to monitor and consider the ongoing situation and any future proposals made by the County Council

73.2           The Mayor thanked the member of the public for his participation and indicated that supplementary questions were not permitted but that he was welcome to watch the remainder of the meeting from the public gallery should he so wish.

To receive any questions submitted under Rule of Procedure 13. Any items received will be circulated on 18 February 2020.

(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).

74.1           The following questions had been received from Councillor Munro to the Lead Member for Built Environment. The answers were given by the Lead Member for Built Environment, Councillor Gore, but were taken as read without discussion.

                  Question 1:

                  The County Council was asked, at its full Council meeting on 12 February, why it had not shared with this Council the change in the formula to calculate school places arising from new housing and why it had not worked with the Borough Council to identify potentially suitable sites.

                  The County Council advised that the need for a new school site had been shared with this Council, and through its responses to the local plan, and that it had been working with Borough Council officers to identify a suitable location.

                  This is not the understanding that Councillor Stanley and I have. The Council is asked to clarify the approaches it has had from the County Council with regard to school provision in Bishop’s Cleeve and to detail the work it has done with the County Council to identify a suitable location. 

                  Answer 1:

                  In regard to the issue of a need for the provision of a new school at Bishop’s Cleeve, Officers from the County Council education team first confirmed this in a meeting held with Tewkesbury Borough Council Officers in October 2019. At the time of this first meeting the County Council was exploring potential provision on land at Cleeve School on Kayte Lane. However, discussions took place about the potential for the former Nortenham allotments site (owned by Gloucester Diocese) to be an alternative location as it had recently become available and was being promoted to the Borough Plan for residential development. The County Council resolved to discuss this matter with the Diocese and it is understood that this is still ongoing. Officers from the Borough Council have had ongoing discussions with both the Dioceses and the County Council to try and facilitate this.

                  Subsequent to the discussion in October 2019, the County Council formally submitted representations to the Tewkesbury Borough Plan in November 2019. These representations stated that the Nortenham allotments site (proposed for residential development under site BIS3) should instead be allocated for a mixed use development of a new primary school and housing.

                  It should be noted that, through the same consultation, the Diocese, via their preferred developer, submitted representations promoting the site for just residential development.

                  Borough Council Officers are continuing discussions regarding the Nortenham allotments/BIS3 leading up to the examination of the Borough Plan to try and find a mutually acceptable position in the regard to the provision of a school on this site.

                  Question 2:

                  At the last Council meeting, we agreed a motion to require this Council to work with the County Council, and any other interested party, to find a solution that works for everyone.  The Council is asked what has happened since this meeting in relation to the proposed new school in Bishop’s Cleeve? 

                  Answer 2:

                  As Q1 above, Officers  ...  view the full minutes text for item 74.

At its meeting on 5 February 2020 the Executive Committee considered the 2020/21 budget and RECOMMENDED TO COUNCIL that:

1.   A net budget of £8,956,607 be APPROVED.

2.   A Band D Council Tax of £124.36, an increase of £5.00 per annum, be APPROVED.

3.   The use of New Homes Bonus, as proposed in Paragraph 3.5 of the report, be AGREED.

4.   The addition of £183,965 to the capital programme to fund new ICT requirements, as outlined in Paragraph 9.5 of the report, be AGREED.

5.    The capital programme, as proposed in Appendix A to the report, be AGREED.

(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 Borough Solicitor by 9.00am on the working day preceding the day of the Council meeting).  

75.1           At its meeting on 5 February 2020 the Executive Committee considered the 2020/21 budget and made a recommendation to Council.  

75.2           The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 14-28.

75.3           In proposing the recommendation, the Chair of the Executive Committee explained that this was the most important thing the Council did throughout the year and a lot of hard work went into putting together a balanced budget both from Officers and Members across the Council. The Lead Member for Finance and Asset Management seconded the recommendation from the Executive Committee and conveyed special thanks to the Head of Finance and Asset Management for the work he had put into ensuring the Council had a budget it considered acceptable.

75.4              During the brief discussion which ensued, a Member questioned what the £20,000 for the climate emergency would cover and he was advised that this was an ongoing commitment to help support work across the Borough. The Council was also considering putting in place a new post which would help it meet its climate emergency commitments; the £20,000 funding was meant to be a starting point in delivering this as a priority of the Council. Referring to the capital programme, and the provision of a new bridge in Ashchurch, a Member questioned whether any allowance had been made for cost overruns. In response, the Head of Finance and Asset Management advised that the project cost included a contingency of 12.5%; work was still ongoing but the consultants currently working on the project had indicated the funding available would be adequate. 

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

75.6           Accordingly, it was

                  RESOLVED         1.    That a net budget of £8,956,607 for 2020/21 be                                                   APPROVED.

2.    That a Band D Council Tax of £124.36, an increase of £5.00 per annum, be APPROVED. 

3.    That the use of New Homes Bonus, as proposed in Paragraph 3.5 of the report, be AGREED.

4.    That the addition of £183,965 to the capital programme to fund new ICT requirements, as outlined in Paragraph 9.5 of the report, be AGREED.

5.    That the  ...  view the full minutes text for item 75a

Councillor Ockelton will propose and Councillor Jordan will second:

That Council Procedure Rule No. 13.2 which currently reads:

‘A Councillor at a Council meeting may ask a written question of the Leader of the Council or relevant Lead Member. All questions must relate to a matter which concerns the Council’s powers or duties or affects the Borough.

The question must be submitted in writing to the Borough Solicitor by not later than 10.00am on the working day immediately preceding the date of the meeting.

The questions to be asked, and the replies to be given, will be printed and circulated to all Councillors at least 30 minutes before the start of the Council meeting.  The Minutes of the meeting will incorporate the questions and answers and any supplementary questions and answers.

At the meeting, the Mayor will announce each question in turn.

The question and answer will be taken as read without discussion, but the questioner will be allowed to ask one supplementary question arising directly from the question or from the reply.  A Councillor to whom a question has been put may, with the permission of the Mayor, ask someone else to answer it.’

be amended as follows:

‘A Councillor at a Council meeting may ask a written question of the Leader of the Council or relevant Lead Member. All questions must relate to a matter which concerns the Council’s powers or duties or affects the Borough.

The questions must be submitted in writing to the Borough Solicitor by no later than seven days clear working days prior to the date of the meeting.

The questions asked, and the replies to be given, will be emailed/printed and circulated to all Councillors at least twenty four hours before the start of the Council meeting.  The Minutes of the meeting will incorporate the questions and answers and any supplementary questions and answers.

At the meeting, the Mayor will announce each question in turn.

The question and answer will be taken as read without discussion, but the questioner will be allowed to ask one supplementary question arising directly from the question or from the reply.  A Councillor to whom a question has been put may, with the permission of the Mayor, ask someone else to answer it.’

76.1           The Worshipful the Mayor referred to the Notice of Motion set out on the Agenda and indicated that, in accordance with the Rules of Procedure, it was necessary for the Council firstly to decide whether it wished to debate and determine the Motion at this evening’s meeting, or whether it wished to refer the Motion, without debate, to a Committee for consideration with authority either to make a decision on the matter or to bring a recommendation back to Council. Upon being put to the vote it was agreed that the Motion would be considered at the current meeting.

76.2           The Motion, as set out on the Agenda, was proposed and seconded:

‘That Council Procedure Rule No. 13.2 which currently reads:

A Councillor at a Council meeting may ask a written question of the Leader of the Council or relevant Lead Member. All questions must relate to a matter which concerns the Council’s powers or duties or affects the Borough.

The question must be submitted in writing to the Borough Solicitor by not later than 10.00am on the working day immediately preceding the date of the meeting.

The questions to be asked, and the replies to be given, will be printed and circulated to all Councillors at least 30 minutes before the start of the Council meeting.  The Minutes of the meeting will incorporate the questions and answers and any supplementary questions and answers.

At the meeting, the Mayor will announce each question in turn.

The question and answer will be taken as read without discussion, but the questioner will be allowed to ask one supplementary question arising directly from the question or from the reply.  A Councillor to whom a question has been put may, with the permission of the Mayor, ask someone else to answer it.’

be amended as follows:

‘A Councillor at a Council meeting may ask a written question of the Leader of the Council or relevant Lead Member. All questions must relate to a matter which concerns the Council’s powers or duties or affects the Borough.

The questions must be submitted in writing to the Borough Solicitor by no later than seven days clear working days prior to the date of the meeting.

The questions asked, and the replies to be given, will be emailed/printed and circulated to all Councillors at least twenty four hours before the start of the Council meeting.  The Minutes of the meeting will incorporate the questions and answers and any supplementary questions and answers.

At the meeting, the Mayor will announce each question in turn.

                  The question and answer will be taken as read without discussion, but the questioner will be allowed to ask one supplementary question arising directly from the question or from the reply.  A Councillor to whom a question has been put may, with the permission of the Mayor, ask someone else to answer it.

76.3           During the discussion which ensued, a Member advised that he fully supported questions being asked and answers being provided  ...  view the full minutes text for item 76.

The Council is asked to formally set the Council Tax for 2020/21.

(A report will be circulated at the meeting)   

77.1           Having agreed the Council’s 2020/21 budget earlier in the meeting, attention was drawn to a report, circulated separately, which asked Members to approve and set a Council Tax requirement for 2020/21.

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

77.3           Accordingly, it was

                  RESOLVED     1.  That it be NOTED that, on 1 December 2019, the Council                                                 calculated:

a)    the Council Tax Base 2020/21 for the whole Council area as£35,340.88 (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 attached to the report at Appendix C.

2. That the Council Tax requirement calculated for the Council's own purposes for 2020/21 (excluding Parish precepts) is £4,394,992.

3. That the following amounts be calculated for the year 2020/21 in accordance with Sections 30 to 36 of the Act:

a. £37,056,789 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account all precepts issued to it by Parish Councils;

b. £30,516,559 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act;

c. £6,540,230 being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year. (Item R in the formula in Section 31B of the Act);

d. £185.06 being the amount at 3(c) above (Item R), all divided by Item T(1(a) above), calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including Parish precepts);

e. £2,145,238 being the aggregate amount of all special items (Parish precepts) referred to in Section 34(1) of the Act (as per Appendix C to the report);

f.   £124.36 being the amount at 3(d) above less the result given by dividing the amount at 3(e) above by Item T(1(a) above), calculated by the Council, in accordance with Section 34(2) of the Act, as  ...  view the full minutes text for item 77.

In accordance with Rule of Procedure 2.1 the Borough Solicitor has exercised her delegated authority to approve the following changes to Committee Membership:  

Councillor Ockelton has resigned from the Overview and Scrutiny Committee and has been replaced by Councillor Thomson.

Councillor Stevens has resigned from the Planning Committee and has been replaced by Councillor Gerrard.

78.1           The Mayor drew attention to the Agenda for the current meeting and, accordingly, it was

                  RESOLVED          That, in accordance with Rule of Procedure 2.1, it was NOTED                         that the Borough Solicitor had exercised her delegated                                            authority to approve the following changes to Committee                                          Membership:  

·      Councillor P W Ockelton had resigned from the Overview and Scrutiny Committee and been replaced by Councillor S Thomson.

·      Councillor S A T Stevens had resigned from the Planning Committee and been replaced by Councillor L A Gerrard.

79.1           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 28 January 2020.

 80.1          The separate Minutes of the meeting held on 28 January 2020, copies of which had been circulated, were approved as a correct record and signed by the Mayor.