Agenda and minutes

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Contact: Rosalind Reeves, Democratic Services Manager 

Items
No. Item

1.

Apologies

Minutes:

Apologies were received from Councillor Jeffries and Councillor Stennett.

 

2.

Declarations of Interest

Minutes:

Councillors Duncan Smith and Suzanne Williams declared an interest agenda item 9 as directors of Cheltenham Borough Homes and announced their intention to leave the chamber for this item.

 

3.

Minutes of the last meeting pdf icon PDF 165 KB

Minutes of the meeting held on 25 February 2016

Minutes:

The minutes of the meeting held on 25 February were approved and signed as a correct record subject to Councillor Tim Harman being recorded as the "Leader” and not “chair” of the Conservative Group.

 

4.

Communications by the Mayor

Minutes:

The Mayor confirmed that he was standing down at the next elections and therefore this would be his last Council meeting.  He said his last 18 years as a Councillor had been interesting and he was proud of the innovation and the cross-party working that the council had achieved during that time in the interests of the town.

 

He also bid farewell to his fellow Councillors Anne Regan, Rob Reid, John Rawson and David Prince who were also standing down.

 

The Mayor invited retiring Members to speak and other Members thanked them for their contributions.

 

5.

Communications by the Leader of the Council

Minutes:

The Leader advised that voting on the process for BID was now under way and he asked Members to encourage eligible businesses to vote.  There would be a formal announcement on 28 April after the close of voting.

 

He was pleased to announce that work was now under way on the improvements to Royal Well and the reinstatement of the telephone boxes in the Promenade which would be used for displaying artwork.

 

The Leader referred to his detailed answer to the question regarding devolution. He was concerned at the prospect of CDC potentially leaving Gloucestershire and the county council trying to rush through an elected Mayor deal by May. The lines of accountability and responsibility needed to be considered carefully and it was not a matter that should be rushed through in this way.

 

He added his thanks to the retiring Members and in particular to Councillor Rawson as his deputy and for his leadership on the budget and in his role of facilitating improvements and change in Cheltenham.

 

6.

Public Questions pdf icon PDF 60 KB

These must be received no later than 12 noon on Tuesday 29 March 2016

Minutes:

1.

Question from Martin Tracey to Cabinet Member Development and Safety, Councillor Andrew McKinlay

 

The site of the former Post Office premises at 24 Carlton Street, Cheltenham has been an eyesore since planning permission was given for the redevelopment of the site.

Can the Cabinet Member responsible advise who is the landlord and how long does the Council expect the site to remain an eyesore?

 

 

Response from Cabinet Member Development and Safety

 

The landlord is a Jersey-based company, Trigger Holding Ltd and has advised that there is no timetable for implementing the extant planning consent which expires in August 2017.

 

In a supplementary question, Mr Tracey asked whether the Cabinet Member could confirm that this was an offshore-based company.  The Cabinet Member responded that he would assume this was the case and clearly it was a holding company rather than being a developer.

 

2.

Question from Martin Tracey to Cabinet Member Development and Safety, Councillor Andrew McKinlay

 

What powers does the Council have in relation to the site of the former Post Office premises at 24 Carlton Street, and when will they exercise these powers to enforce the current landlord to improve the repair and condition of their property?

 

 

Response from Cabinet Member Development and Safety

 

Officers from the Council have been monitoring this site for some time in response to complaints from local residents.

 

The Council has a range of powers, including in particular Section 215 of the Town and Country planning Act 1990, which can compel owners to undertake remedial works where a site is assessed to be ‘detrimental to the amenity of the locality’.

 

In this case, the site does not currently meet the appropriate policy criteria which need to be fulfilled before the authority could reasonably commence formal enforcement action.

 

The site will continue to be monitored and action will be taken to resolve the situation, if the condition of the premises deteriorates to the extent that such action is likely to be upheld by the courts.

 

In a supplementary question Mr Tracey referred to a recent document published by the deputy Prime Minister's office in relation to derelict land which appeared to encourage actions under section 215 or 219 of the legislation. Could the council take action under one of these clauses?

 

The Cabinet Member referred to the criteria in his response and the officer’s advice he had received but officers would continue to monitor the situation. He added that the council had a record of taking action in cases where the criteria had been met. He acknowledged that it was not adding value for local residents but he assured the questioner that the council would take action when it was in a position to do so. In this case the absentee landlords were clearly waiting for the property to increase in value.

 

 

 

7.

Member Questions pdf icon PDF 144 KB

These must be received no later than 12 noon on Tuesday 29 March 2016

Minutes:

1.

Question from Councillor Adam Lillywhite to Cabinet Member Development and Safety, Councillor Andrew McKinlay

 

Any newly arriving 'MD of Place and Economic Development ' does not have the necessary background experience of Cheltenham's peculiarly unique road network for a large town for which there is no longer any road-building money to remedy.

 

The MD of the Development Task Force is responsible for 'development’ and increase in business rate revenues, not for the viability of the town's traffic circulation and its wider environment.  A sensitive and heavily contested scheme demands wider and wiser counsels throughout its implementation.

 

In view of the lengthy controversy over CTP, is it not irresponsible to be restricting all subsequent CTP implementation decisions to two officers and one Cabinet member, rather than to all elected Councillors.

 

 

Response from Cabinet Member

 

The MD of Place and Economic Development is responsible for the Directorate which has had primary responsibility for development and delivery of CBC’s input into the Cheltenham Transport Plan and consequently, I believe that he is fully briefed.

 

The MD of the Task Force has also been involved with this project as it impacts upon investment decisions for several major schemes. Securing John Lewis was linked to the decision making process regarding changes to Albion Street for example.

 

I and colleagues at GCC are fully aware of the sensitivity of the Cheltenham Transport Plan which is why it has been subject to lengthy consultation.

 

At the last full Council meeting on 25th February 2016 there was a full debate on an item relating to the Cheltenham Transport Plan mitigation funding and according to the draft minutes I believe that this issue was fully rehearsed, an additional recommendation made and the following decision recorded.

 

4. During the assessment period for each completed construction

phase of the CTP, the Highways Authority be requested to report

on it and the contents of the next phase.

 

I believe that the previous debate fully addressed this question with a vote by full Council – 34 in favour, 2 abstentions and none against.

2.

Question from Councillor Louis Savage to Cabinet Member Corporate Services, Councillor Jon Walklett

 

As a Council we should encourage participation in local democracy, and a key component of this is ensuring good turnout in local elections. What evidence has the Cabinet Member seen to suggest that holding 2 yearly local elections, rather than 4 yearly elections like neighbouring local authorities, will decrease 'voter fatigue' and increase political engagement?

 

 

Response from Cabinet Member

 

Turnout at elections depends on a number of factors such as, for example, the type and (when combined) the number of elections being held, publicity and media coverage, the extent of campaigning by candidates and parties and the weather on polling day. However, I know of no evidence that would suggest that for local council elections, the alternatives of four or two year cycles will make a difference to turnout. The preferred frequency of elections might rather depend on a judgement as to the  ...  view the full minutes text for item 7.

8.

Council Diary September 2016 to August 2017 pdf icon PDF 89 KB

Report of the Cabinet Member Corporate Services

Additional documents:

Minutes:

The Cabinet Member Corporate Services introduced the report on the Council Diary September 2016 to August 2017.  There has been wide consultation with councillors and officers, and any feedback had been considered and the diary revised as appropriate.

 

A Member suggested that in future Council meetings should start at 5 p.m. to encourage a wider range of people to stand as councillors, including mothers with young children, and to facilitate public attendance.

 

In the debate that followed, there were mixed views about whether an afternoon meeting would be preferable for Councillors with families and it was acknowledged that working patterns were very different in the modern world. It was suggested that web casting should be looked at as a more effective way of getting more public engagement. One member suggested that all council meetings should avoid school holidays. Members also highlighted that consideration also needed to be given to officers in attendance at evening Council meetings as they too had family commitments.

 

The Cabinet Member thanked members for their comments. Apart from the point about school holidays the timing issue had not been raised during the consultation on the diary for the coming Municipal Year but he would be happy to look at the issues ahead of the drafting of the diary for 2017/18. He would also investigate the options for web casting.

 

Upon a vote it was unanimously

 

Resolved that the draft Council diary of meetings for September 2016 to August 2017 be approved.

 

9.

Housing Revenue Account New Build- Garage site redevelopment pdf icon PDF 143 KB

Report of the Cabinet Member Housing to be presented by the Cabinet Member Finance

 

(**Please note that in accordance with paragraph 3 Part 1 Schedule 12A Local Government Act 1972 any discussion on appendices 2 and 3 should take place in EXEMPT session**)

 

Additional documents:

Minutes:

The Deputy Mayor took the chair for this item.

 

The Cabinet Member Finance introduced the report which sought approval from Council to authorise the allocation of up to £1,405,150 for the construction of eight new dwellings on three HRA garage sites- Rowanfield Exchange, Hester's Way Road and Ullswater Road. The scheme would provide 5 x 3 bed dwellings; 2 x 2 bed dwellings and 1 x 4 bed dwelling.

 

The Cabinet Member explained that the new build policy had delivered an impressive number of homes in the borough to date and this scheme was good news for the council and the town for the following reasons :

 

·         it made good use of council owned brownfield sites that were currently under-used and unproductive

·         it would deliver homes of a kind that were greatly needed in the town-good quality family homes, built to provide high standards combined with low long term maintenance costs and energy efficiency.

·         the development would have a positive impact on housing finances both in the short and long terms as it would deliver a positive cash flow from year 1 and also a very significant return on investment over 40 years

·         the new houses represented good value for money.  The build costs had been market tested through the tender process.

·         the scheme would make the best possible use of Right to Buy receipts. These receipts have to be spent within three years of receiving them and must be spent on providing additional affordable housing.   £420,000 of Right to Buy receipts would be put towards this scheme, with the balance being found from a combination of borrowing and new build reserves.

 

The Cabinet Member thanked Martin Stacy, Lead Commissioner, Housing Services and Cheltenham Borough Homes for the work they had put into this scheme.

 

The following issues were addressed :

 

·         The legal implications for third party risks had been given a high score on the risk assessment. The Cabinet Member clarified that this was due to potential Rights of Way legal issues. Currently the proposal was for up to 8 homes but this covered the scenario where there were insolvable legal problems which did not enable the council to develop 8 units.

·         Members welcomed the development of the garage sites in general and paid tribute to CBH who had in some instances gone over and above their remit. They also commended the high quality of housing provision and sustainability of the developments. One member suggested that CBH could consider developing its own in house team to build homes by working together with, for example, Gloucestershire College to take on apprentices. Members also paid tribute to CBH for its work on significant redevelopment of communal areas and the added social benefits that this work generated.

·         CBH was congratulated on its excellent consultation undertaken during the process of this particular scheme which was appreciated by ward councillors and residents alike

·         Concern was expressed with regard to current government policy on starter homes which was likely to have a detrimental effect on  ...  view the full minutes text for item 9.

10.

Asset Management Plan 2016/17 - 2020/21 pdf icon PDF 84 KB

Report of the Cabinet Member Finance

Additional documents:

Minutes:

The Cabinet Member Finance introduced the Asset Management Plan 2016/17-2020/21, as circulated with the agenda.  The Council’s current Asset Management Plan (AMP) had been due to expire in 2015 and the production and approval of the replacement Asset Management Plan had been deferred.  This was to allow time for consideration to be given to the advice and suggestions made by the Chartered Institute of Public Finance and Accountancy (CIPFA) following their review of the council’s approach to asset management.  The Asset Management Working Group (AMWG) had considered the replacement plan the previous week.  Council was now being required to specifically approve Appendix G of the report although the Cabinet Member would welcome comments on the report in its entirety. 

 

The Cabinet Member explained that a key recommendation of the CIPFA review was that the AMP should be a more dynamic, ‘living’ document which played a key role in the organisation. He believed effective asset management assisted the council in achieving its core objectives –

  • delivering better services,
  • helping to bridge the ongoing budget gap,
  • helping to make the town a more beautiful, vibrant place,
  • supporting the local economy,
  • nurturing the town’s cultural life,
  • providing more and better housing,
  • and supporting the voluntary sector.

 

All of these threads were woven into the plan, together with policies and strategies to achieve them.

 

He stated that there were a number of things that were clearly required of an effective Asset Management Plan :

 

·         clear objectives (set out in the Asset Management Policy Appendix A)

·         clear performance indicators (set out at appendix J)

·         a series of policies and methodologies covering such things as :

roles and responsibilities

capital investment

planned maintenance

Disposals and rental policy

·         Procedures to ensure the decision-making processes are clear, considered and transparent.

 

The Cabinet Member referred members to appendix I of the report which set out a clear policy for carrying out and prioritising planned maintenance; he highlighted the fact that the CIPFA report recognised that CBC had made great progress in this area. He also commented that the CIPFA report was very positive about the cabinet member role in asset management, but it strongly recommended that the Asset Management Working Group be given a wider and more strategic role.  This recommendation had been accepted and made a crucial part of the decision-making process.  The Working Group would be encouraged not just to look strategically at the way assets were managed but also to monitor performance on a systematic basis.

 

The Cabinet Member also said that another significant feature of the Plan was that it proposed a clear policy and process for acquiring assets for investment purposes as set out at appendix G. He explained that this sought to smooth the process and seize opportunities where they arose, but without taking away the constitutional role of the Cabinet and Council in making property decisions.  He highlighted the importance of this if property income was going to be used as a means to do more than simply bridge the financial gap.  ...  view the full minutes text for item 10.

11.

Draft Corporate Strategy 2016-17 pdf icon PDF 96 KB

Report of the Leader

Additional documents:

Minutes:

The Leader introduced the draft corporate strategy which had been endorsed by Cabinet at their meeting on 8 March and was now coming to Council for their approval. The strategy was ambitious but achievable and set out a clear vision for Cheltenham under four high-level outcomes. The strategy highlighted areas where plans were to be achieved through working in partnership. The strategy had been developed in parallel with the budget and consideration was also given as to whether there was adequate resource to undertake what was identified in the strategy. He wished to thank both officers and Members for their input including the Overview and Scrutiny committee which had considered the report at its last meeting and whose suggestions had been incorporated into the draft strategy.

 

The Leader highlighted the following:

 

·         It was hoped that the JCS would be completed this year.

·         The 3 year business plan for the Cheltenham Development Task Force

·         The council was also driving the economic development and tourism strategy.

·         New tranche of affordable housing.

·         The Pittville Play area project was a positive enhancement of the town.

·         The development of the cemetery and crematorium

·         The planned review of recycling services

 

The Leader emphasised that this could not be achieved without the positive hard work of officers.

 

A Member suggested that second homes were having a real impact on communities by causing an inbalance between housing need and supply and that domestic violence should be a strand in all strategies for safer communities.

The  Leader thought the comments regarding domestic violence were entirely appropriate and the council was awaiting the outcome of two homicide reviews in the town and there may be learning points arising which needed to be incorporated in council policies and strategies. The council had attempted to address the issue of second homes through higher council tax and the bigger picture would be addressed as part of the JCS.

 

A Member referred to ‘Econ 4’ on page 11 which stated that the council would support the delivery of the Taskforce Business Plan. He asked where was the business plan that the Council were being asked to support as a copy was not attached to the strategy document. He understood that earlier this year, the Cabinet had signed off the task Force funding for another three years and he assumed they had received the business plan prior to this decision. He asked for clarification on the current version as he had only been able to find one that runs 2013 to 2015, with no dates into 2016.

 

He also sought clarification on the proposed role of the Taskforce?   According to the latest Memorandum of Understanding and Councillor McKinlay at the last Council meeting on 25th February, the role of the Task Force was  purely advisory and CBC had no say or influence in what it does despite paying well over 95% of its costs. He questioned why an advisory body appeared to have a delivery role in the strategy with the MD as Project manager,  ...  view the full minutes text for item 11.

12.

Community Infrastructure Levy pdf icon PDF 147 KB

Report of the Leader

Additional documents:

Minutes:

The Leader introduced the report which had been circulated with the agenda. The report explained that on 14 April 2015 Cabinet had agreed a Community Infrastructure Levy (CIL) Preliminary Draft Charging Schedule (PDCS) for public consultation.  This work was progressed in collaboration with Gloucester and Tewkesbury councils and consultants Peter Brett Associates (PBA) were appointed to help consider whether a CIL should be taken forward.

The report brought together all the relevant threads of information informing the revisions to the charging schedule, taking account of consultation responses to the PDCS and further detailed viability assessment. The report had been discussed in detail by the Planning and Liaison member working group and the proposals had also been the subject of a recent member seminar.

The purpose of the report was to gain agreement to undertake public consultation on the Cheltenham CIL Draft Charging Schedule (DCS) prior to independent examination.  The other councils were being asked to make the same decision.

A CIL rate is proposed for development within the Borough for the following uses: Residential, Out of Town Retail and Retirement and Care Homes. Other development uses were assessed, but based on viability evidence recommended as a zero rate (£0). Separate CIL rates were proposed for the JCS strategic allocations and for development within Gloucester City and Tewkesbury Borough areas. Taking on board the evidence on viability a one size fits all approach was not appropriate for the JCS area as a whole.  The report detailed the recommended CIL charge for Cheltenham, but the details for Gloucester and Tewkesbury are set out in the PBA report appended.

 

The Leader emphasised that the council was not proposing to scrap Section 106s as they may still be relevant in some cases but they must be kept distinct from CILs.

 

In response to a question he clarified that the levy was not designed to promote green field development ahead of brownfield. There were infrastructure costs related to urban extensions which would apply across council boundaries.

 

A Member raised a question regarding the position of a charity such as the Cheltenham Trust where they were leasing a building from the council. What would be their position if they wanted to develop the building and would they be liable for CIL?

 

The Head of Planning, Tracey Crews, had given an initial response to the member on this issue. There was a facility for exemptions and discretionary relief within the policy and a further advice was needed on whether this was applicable in this situation. She agreed to take further advice from One Legal and produce a briefing note for all members.

 

Upon a vote it was unanimously

RESOLVED THAT

 

1.            The publication of the Draft Charging Schedule for public consultation purposes be approved;

2.            The Director of Planning in consultation with the Leader of the Council be authorised to prepare the final publication documents as required, based on the detail of this report and information in Appendix 2;

3.            The Director of Planning be  ...  view the full minutes text for item 12.

13.

Notices of Motion

These must be received no later than 12 noon on Thursday 24 March 2016

 

Minutes:

None received.

 

14.

To receive petitions

Minutes:

None received.

 

15.

Any other item the Mayor determines as urgent and which requires a decision

Minutes:

There was no urgent business.