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.

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

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.

8.1             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. 

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

To approve the Minutes of the meeting held on 9 March 2023.

9.1             The Minutes of the meeting held on 9 March 2023, 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 11 May 2023).

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

10.1           There were no items from members of the public.  

To elect a Leader of the Council (who will also be the Chair of the Executive Committee) for the ensuing Municipal Year.    

11.1           Upon being proposed and seconded, it was       

                  RESOLVED          That Councillor R J Stanley be elected as Leader of the                                     Council, and therefore Chair of the Executive Committee, for                                  the ensuing Municipal Year.   

To elect a Deputy Leader of the Council (who will also be the Vice-Chair of the Executive Committee) for the ensuing Municipal Year.

12.1           Upon being proposed and seconded, it was

                  RESOLVED          That Councillor S J Hands be elected as Deputy Leader of the                           Council, and therefore Vice-Chair of the Executive Committee,                               for the ensuing Municipal Year.   

12.2           The Leader of the Council welcomed all Councillors and expressed a hope that they could all work together for the wider needs of the Borough and stand together with equal responsibility to do good and take the opportunity to make a difference for the people of the Borough. He felt the Council was already listening and that was the reason he had asked for the Garden Town project to be paused whilst a review was undertaken, particularly given the concerns raised about the loss of the Ministry of Defence (MoD) land, the loss of the Ashchurch Bridge over Rail appeal and loss of land which was already being developed as well as the lack of community involvement to date. He felt it was essential that any progression of the project was done in partnership with the local communities. In terms of the Council’s Planning Committee, he was recommending the membership be reduced from 19 to 13 in line with the review into reforming planning in the Council. He also recognised the significant challenges faced by the Council and the financially painful and difficult times for millions of people – the Council was poorly funded and he was under no illusion there would need to be difficult choices made and the Council could not hide away from those challenges instead it must be ambitious and pragmatic. The Council had tremendous officers which needed support, clear direction and a stable political structure which he, along with the Deputy Leader of the Council, intended to work hard to provide.

12.3           The Deputy Leader of the Council offered her congratulations to all new and returned Councillors and expressed the hope they could work together for a stable Council and Borough for the future.

13.1           The Leader of the Council proposed, and upon being seconded, it was  

                  RESOLVED          That Councillor P E Smith be appointed as Vice-Chair for the                             meeting.

In accordance with the Constitution, to agree the number of Lead Members and Portfolios.

14.1           Referring to items 8(a), (b) and (c) on the Agenda, the Leader of the Council proposed, and it was seconded that 1. the Executive Committee be increased from 11 to 12 Members which would include nine Members with portfolios and three without; 2. that the membership of the Executive Committee, the nine portfolios and the Lead and Support Members for each be as set out on the paper circulated at the meeting, marked as Appendix 1; and 3. that, as the current Scheme of Member Allowances did not address membership of the Executive Committee without a portfolio, the Independent Remuneration Panel be asked to meet and make a recommendation to Council as to whether the Scheme required amendment to accommodate that new role. In response to a query regarding the increase in numbers of the Committee, but decrease in portfolios, the Leader of the Council explained that it was difficult to strike a balance in a Council with no overall control but he felt it was appropriate for all parties/groups to have the opportunity to sit on the Executive Committee even if they did not all have a portfolio. Accordingly, it was

                  RESOLVED          1. That the Executive Committee be increased from 11 to 12                                 Members which would include nine Members with portfolios                                    and three without.

2.  That the membership of the Executive Committee, the nine portfolios and the Lead and Support Members for each be as set out on the paper circulated at the meeting, marked as Appendix 1 and attached to these Minutes.

3.  That, as the current Scheme of Member Allowances did not address membership of the Executive Committee without a portfolio, the Independent Remuneration Panel be asked to meet and make a recommendation to Council as to whether the Scheme required amendment to accommodate that new role.

To determine the numbers on, and Membership of, the:

• Overview and Scrutiny Committee.
• Audit and Governance Committee.
• Planning Committee.
• Licensing Committee.
• Standards Committee.

Any papers available prior to the meeting will be circulated to all Members.

14.2           In respect of Items 8(d) and (e) on the Agenda, the Leader of the Council proposed that the number of seats on the Planning Committee be reduced from 19 to 13 and that the membership of Committees, including the Ad-Hoc Committees, be as set out on the paper circulated at the meeting marked Appendix 2 (set out below). A Member expressed the view that it had been a meticulous process to get to the number of 19 on the Committee so that it had representation from across the Borough rather than in small pockets. He understood the recent external review had seen the large number of Members on the Planning Committee as a weakness but the Member saw it as a strength as it was more democratic. In response, the Leader of the Council explained that the review had suggested a membership of between 11 and 13 and he was proposing the higher end of that range which he felt was sensible and should be acceptable to the Council. Another Member reminded the Council that the Planning Committee was quasi-judicial and therefore non-political. In addition, local Members were able to address the Committee on matters affecting their Ward. Accordingly, it was proposed, seconded and

                  RESOLVED          That that the number of seats on the Planning Committee be                             reduced from 19 to 13 and that the membership of Committees,                             including the Ad-Hoc Committees, be as set out below:

To appoint representatives to the following Panel and Liaison Groups:

o  Gloucestershire Police and Crime Panel (1 plus 1 reserve);

o  Shared Legal Services Joint Monitoring and Liaison Group (2 plus 2 substitutes); and

o  Shared Building Control Joint Monitoring and Liaison Group (2). 

14.3           The Mayor invited nominations for the Panels and Liaison Groups and upon being proposed and seconded, it was

                  RESOLVED          That the Membership of Panels and Liaison Groups be as                                  follows:

                                                Gloucestershire Police and Crime Panel – representative -                                 Councillor GM Porter and reserve – Councillor M R Stewart.

                                                Shared Legal Services Joint Monitoring and Liaison Group –                             representatives – Lead Member for Corporate Governance and                              Councillor G C Madle and substitutes – Councillor C L J Carter                                  and vacancy.

                                                Shared Building Control Joint Monitoring and Liaison Group –                            representative - Lead Member for Built Environment and                                         substitute – Councillor P W Ockelton.

To determine the Outside Bodies to which the Council should make appointments and the representation on those Bodies.  

14.4           Referring to Item 8(g) on the Agenda, the Leader of the Council proposed the outside body representatives as set out on the list circulated at the meeting marked as Appendix 3 (set out below) with the amendments that Councillor C Coleman would not stand for the A46 Partnership but would instead be the representative on the South West Councils – Employers Panel and that Councillor S J Hands would be replaced by Councillor P N Workman on the Tewkesbury Regeneration Partnership. This would leave vacancies on the A48 Meeting and Parking and Traffic Regulations Outside London (PATROL) and information would be circulated to Group Leaders on the role and frequency of those meetings to enable them to request nominations to fill the vacancies. The outcome of this process would be reported to the next meeting of the Council. The proposal was seconded and, accordingly, it was

                  RESOLVED          That the outside body representatives be AGREED as follows:

In accordance with the Constitution, to receive a report from the Leader of the Council which could cover Lead Member Portfolios, Working Groups and Panels etc.

14.5           In respect of Agenda Item 8(h), the Leader of the Council proposed that 1. a Working Group consisting of the Group Leaders be set up to undertake a detailed examination of the portfolios on the Executive Committee and to make recommendations on any changes required before the annual meeting in May of next year; and 2. that the Working Group also look at all of the Working Groups / Panels that had previously been in place, to determine whether they were still required, whether any changes were necessary to their Membership and Terms of Reference and if they were to continue; and 3. that authority be delegated to the Corporate Director, in consultation with the Working Group, to fill the seats on those Groups / Panels. Accordingly, it was

                  RESOLVED          1. That a Working Group consisting of the Group Leaders be                                 set up to undertake a detailed examination of the portfolios                                     on the Executive Committee and to make recommendations                                 on any changes required before the annual meeting in May                                        of next year.

2. That the Working Group also look at all of the Working Groups / Panels that had previously been in place, to determine whether they were still required, whether any changes were necessary to their Membership and Terms of Reference and if they were to continue.

3. That authority be delegated to the Corporate Director, in consultation with the Working Group, to fill the seats on those Groups / Panels.

The Council will at this stage adjourn for a brief period to allow each Committee, as set out below, to hold a formal meeting to conduct the business set out in the enclosed Agenda: 

1.    Overview and Scrutiny Committee including appointment (and reserves) to the Gloucestershire Health Overview and Scrutiny Committee and Gloucestershire Economic Growth Scrutiny Committee.                    

2.    Audit and Governance Committee.                         

3.    Planning Committee.               

4.    Licensing Committee. 

5.    Standards Committee.

14.6           The Mayor invited each of the main Committees to elect a Chair and Vice-Chair and the Overview and Scrutiny Committee was also invited to elect representatives to the County Council’s Health Overview and Scrutiny Committee and Gloucestershire Economic Growth Scrutiny Committee. Accordingly, it was

                  RESOLVED          1. That the Chairs and Vice-Chairs for each Committee be                                     AGREED as follows: 

Overview and Scrutiny Committee:

                                                            Chair – E M Dimond-Brown

                                                            Vice-Chair – C L J Carter

Audit and Governance Committee:

Chair – M R Stewart

Vice-Chair – S R Dove

Planning Committee:

Chair – P E Smith

Vice-Chair – P W Ockelton

Licensing Committee:

Chair – P W Ockelton

Vice-Chair – C E Mills

Standards Committee:

Chair – E J MacTiernan

Vice-Chair – G M Porter

2. As there were no nominations for the County Council’s    Health Overview and Scrutiny Committee, this would be discussed at the next meeting of the Council’s Overview and Scrutiny Committee.

                                                3. That Councillor E M Dimond-Brown be the Council’s                                           nominated representative on the Gloucestershire Economic                                    Growth Scrutiny Committee and that Councillor H J Bowman                                 be the reserve.

To appoint three Members of the Council as Trustees of the Mayor of Tewkesbury’s Appeal Fund for the ensuing Municipal Year.

The Mayor and Chief Executive are automatically Trustees and as such cannot be one of the named Trustees for this year. The current Trustees are Councillors Gore, MacTiernan and Mason.

NB: The Fund is officially called the Mayor of Tewkesbury’s Appeal Fund but this does of course refer to Tewkesbury Borough.  

15.1           It was proposed, seconded and

                  RESOLVED          That Councillors C Cody, E C Skelt and M G Sztymiak be                                  appointed as Trustees of the Mayor of Tewkesbury’s Appeal                                   Fund for 2023/24.  

Councillor Cody will propose and Councillor Dimond-Brown will second:

This motion contains two intrinsically linked urgent necessities.

In July 2019, I brought a motion to Tewkesbury Borough Council to declare a climate emergency and do all in its powers to make the Borough carbon neutral by 2030.

Tewkesbury Borough Council was the last district in Gloucestershire to declare a Climate Emergency and this finally passed on 1st October 2019, but was at the time reduced to only include tackling emissions created by the Council itself and a few other public service properties it owns within the Borough:

“The Council has committed to become carbon neutral by 2030 by addressing greenhouse gas emissions from our operations, including:

·         Electricity, gas and water use in our buildings that are used to provide a publicservice

·         The Council’s vehiclefleet

·         Travel by employees and Councillors in vehicles or by public transport for Councilpurposes

·         Officewaste”

An excellent start has been made and I would like to give credit to officers who have worked incredibly hard gathering data, applying for funding and creating a carbon reduction programme. We now have the impressive solar canopy and several other initiatives, however, it is time to widen our reach to include the whole borough, we even say so on our website:

“Having looked at the Council’s own Carbon footprint the next steps will then be to support residents, businesses, community groups and other organisations to tackle greenhouse gas emissions across the Borough.”

I believe that we can do both at the same time, in fact it will be beneficial; that residents, businesses, community groups and other organisations increasingly want to be involved and will in turn support the whole borough on our collective journey to carbon neutrality.

Climate Emergency UK has been working on Council Climate Plan Scorecards. The average Council is scoring 43% but, Tewkesbury is currently on just 10%. Climate Emergency UK say;

“Engagement and support from residents is essential in carrying out your Climate Action Plan. Involving a diverse range of residents from all sectors of your community from the beginning will help ensure that a wider variety of ideas are heard and that solutions to problems can be found collectively.”

Businesses also want to get involved by sharing their ideas and examples of best practice, we don’t need to be doing this alone. Widening our scope could encourage private investment and unite our Borough in achieving carbon neutrality.

Here’s another quote from TBC’s website:

“Without increased and urgent mitigation ambition in the coming years, leading to a sharp decline in greenhouse gas emissions by 2030, global warming will surpass 1.5°C in the following decades, leading to irreversible loss of the most fragile ecosystems, and crisis after crisis for the most vulnerable people and societies.” (Source: IPCC, 2018: Global Warming of 1.5°C.)”

In order to reduce the chance of runaway Global Warming and limit the effects of Climate Breakdown, it is imperative that we as species reduce our C02eq (carbon equivalent) emissions from  ...  view the full agenda text for item 16.

16.1           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.

16.2           Upon being proposed and seconded, it was

                  RESOLVED          That the Motion would be discussed at this evening’s Council                            Meeting.         

16.3           The Motion, as set out on the Agenda, was proposed and seconded. The proposer of the Motion advised that the Motion was a follow-up to the one she had submitted four years ago and sought to widen the scope of the Council’s declared climate emergency to cover the whole Borough; to incorporate nature recovery and to support the Climate and Ecology Bill. That Bill was a plan for a new UK law which would address the full extent of the climate and nature crisis in line with the most up to date science and ensure a comprehensive and joined-up approach to the emergency. The proposer of the Motion indicated that she had Officer support for both elements of the Motion to build on what had already been happening in terms of carbon reduction. She was of the view that, although it may not appear easy financially, the Council had already seen that acting now would save us later, both financially and literally – people would want to live in the Borough and would also want to visit and invest in it. Nature also paid; beauty spots, restoration programmes, nurturing and recovery all encouraged and attracted visitors and investors. Studies had shown the value of health benefits associated with outdoor recreation within the UK was estimated to be between £6.2 billion and £8.4 billion in 2020 with time spent in the outdoors being worth about £4.5 trillion a year in the improved mental health of people. It was also estimated that the NHS could save £2.1 billion every year in treatment costs if everyone in England had access to good quality green spaces. Much of what the Motion aimed to do was partnership work, sharing resources, ideas and best practice. A local nature recovery strategy was a requirement of the 2021 Environment Act and Gloucestershire County Council was the lead authority for that; in addition, Stroud District Council had set up a Biodiversity Officers’ Working Group. From November 2023, it would be a requirement for larger developments to show the Biodiversity Net Gain (BNG) and that had to be incorporated into the Council’s planning policies to ensure that the habitat was delivered and was of high quality. All of the Councils in Gloucestershire, through their participation in Climate Leadership Gloucestershire, had committed to supporting the Gloucestershire Nature and Climate Fund to retain and bring external Biodiversity Net  ...  view the full minutes text for item 16.

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.

17.1           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 of the Committee held on 9 March 2023.

18.1           The separate Minutes of the meeting held on 9 March 2023, copies of which had been circulated, were approved as a correct record and signed by the Mayor. 

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

To appoint a Monitoring Officer to the Council with effect from 1 July 2023.  

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

19.1           The Council agreed the appointment of a Monitoring Officer to the Council with effect from 1 July 2023 for a 12 month period.