Agenda and minutes

Venue: Council Chamber - Municipal Offices. View directions

Contact: Rosalind Reeves, Democratic Services Manager 

Items
No. Item

1.

Apologies

Councillor Sudbury

Minutes:

Councillors Flynn, Mason, Parsons, Sudbury and Wilkinson.

2.

Declarations of Interest

Minutes:

The following Councillors declared an interest in agenda item 9 and therefore did not participate in the debate of this item:

 

Councillor Jeffries due to his private work capacity.

 

Councillor Wheeler as a County Councillor as he had allocated some of his Active Together Funding to St Margaret’s Hall.


Councillor McKinlay as he was the Council’s representative on St Margaret’s Hall.

 

Councillor Whyborn as Chair of Trustees for St Margaret’s Hall.


Councillor Walklett as a family member was Chair of St Margaret’s Hall Committee.

 

Councillor Ryder declared a personal interest in agenda item 8 as Chair of Cheltenham in Bloom.

3.

Minutes of the last meeting pdf icon PDF 154 KB

Minutes of the meeting and the extraordinary meeting held on 16 May 2016.

 

Minutes of the Extraordinary meeting held on 30 June 2016.

Additional documents:

Minutes:

The minutes of the meeting held on 16 May were approved and signed as a correct record subject to the following amendments:

 

The Mayor took the opportunity to welcome newly elected Members to the Council. She thanked retiring Members Jacky Fletcher and Andrew Chard for their service to the Council.

 

The minutes of the meeting held on 30 June were approved and signed as a correct record subject to the following amendments:

 

1.            Under Communications by the Mayor the following was added

The Mayor advised Members that the 11 and 12 June saw much celebration of the Queen’s birthday. She thanked her Chaplain for the well thought through service held at the Minster to commemorate the occasion.

 

She reported that she had recently returned from a visit to Annecy to celebrate Cheltenham being twinned with the town for 60 years. The party from Cheltenham had been given a wonderful reception and she was looking forward to welcoming dignitaries and twinning friends from Annecy to Cheltenham in July. The Mayor thanked everyone who had attended the commemoration event for the Battle of Jutland at the Minster. The Mayor advised that on the following day she would be representing Cheltenham at the Centenary Commemorations of the first day of the Battle of the Somme and invited Councillors to join her at the Pittville Pump Rooms at 3.30 pm. She concluded that she would now be handing over the Chair to the Deputy Mayor, Councillor Sudbury.

 

2.            Under Agenda item 8 the following was added :

A Member wished to thank this Council and Officers for the consideration of Leckhampton in the preparation of this plan.  Three unanimous votes of support come to mind, important wording added into the JCS resolutions and the 31st July 2014 planning committee left all those present feeling inspired.' 

4.

Communications by the Mayor

Minutes:

The Mayor informed Members that she had attended the Battle of the Somme 100 years commemoration service on behalf of the Town in State, within the Grounds of Pittville Pump Rooms. She thanked all Members who had attended.

 

She had also welcomed the Mayor of Annecy along with twinning friends to Cheltenham to commemorate 60 years of friendship with our town. She thanked Councillor Garth Barnes and the twinning officer for their programme of events. Subsequently, on hearing of the tragic event that had taken place in Nice, she told Members that she had written on behalf of the town to Jean Luc Rigaut, the Mayor of Annecy, expressing our sincere condolences.

 

A minutes silence was then held in honour of those killed.

 

Finally, the Mayor said that she had officially opened the new Pittville Park Play area on Sunday 17 July.

5.

Communications by the Leader of the Council

Minutes:

Councillor Steve Jordan reiterated the comments the Mayor had made with regard to the recent Annecy visit and the formal opening of the Pittville Park Play Area.

 

The Leader informed that the JCS Inspector had now received feedback from the three councils. She was still looking at several issues and would hold further sessions that week. The focus was on housing numbers and some issues surrounding Leckhampton. In light of this, the Extraordinary Council meeting scheduled for September had been cancelled and instead would be rescheduled for mid-October. Further to this meeting there would be a statutory consultation period of 6 weeks. An examination in public would be held in January to consider the implications of the main modifications which would enable the residents of Prestbury and West Cheltenham to input into the process. The Council would then be convened to sign off the final Joint Core Strategy.

 

The Leader referred to a seminar which had been convened by the council with 30 stakeholders from business to discuss the impact of Brexit. A note had been circulated to Members on this. The council was considering how best to assist the business community at an uncertain time.

 

Finally, the Leader informed the meeting that Councillor Thornton would be joining Licensing Committee.

6.

Public Questions pdf icon PDF 48 KB

These must be received no later than 12 noon on Tuesday 12 July

Minutes:

1.

Question from Tess Beck to Cabinet Member Housing, Councillor Peter Jeffries

 

Recent months have seen a number of retrospective applications for planning permission for large Houses of Multiple Occupation (HMOs with more than 6 tenants).  Some of these HMOs had been operating as such for several years and had been licensed by Cheltenham Borough Council during that period.  

Why were these properties licensed despite not having planning permission in place?

What steps will be taken to improve cross-checking and communications between the Planning, HMO Licensing and Building Control teams in the future?

 

 

Response from Cabinet Member Housing

 

Historically, Houses in Multiple Occupation (HMO’s) were licensed without planning consent being in place, because some properties had been in this form of occupation for many years and therefore had established use and owners were not obliged to seek planning consent. A lack of planning consent is not an automatic bar on a property being licensed, as separate pieces of legislation govern these issues.

 

More retrospective applications are being submitted for planning permission relating to larger HMO’s as a direct result of the activity of the council’s enforcement team. Since the housing and enforcement teams were merged, closer joint working has generated significant additional income from retrospective applications.

 

A number of issues arise in ensuring that HMO’s have the required license and planning consent, for example:-

 

         The number of occupants can vary over time;

         The level of occupancy is not always obvious and may change where a property is subdivided or extended;

         Properties are often adapted without consent, or under permitted development rights, without any notification to the council of an increase in the number of occupants.

 

 

7.

Member Questions

These must be received no later than 12 noon on Tuesday 12 July

Minutes:

1.

Question from Councillor Tim Harman to Cabinet Member Corporate Services, Councillor Roger Whyborn

 

The Cabinet has recently performed a massive U turn by withdrawing Revenue and Benefits from the 20/20 process.

  

20/20 is a process of sharing back office services with other Councils which has helped to drive down costs thereby protecting valued front line services. Will the Cabinet Member confirm whether the Cabinet is planning to abandon 20/20 altogether?  Also will he explain to Council how he plans to fill the black hole of £159,000 which will be created in the budget next year arising from this decision?

 

 

Response from Cabinet Member Corporate Services

 

The clue to the answer to Cllr Harman is in the question. Cabinet has identified that ‘Revenues and Benefits’ is not primarily a back office service. Many residents who deal with the service – for example if there are issues with Council tax benefit or Housing benefit – are dealing with a very much ‘front of office’ public facing service. Often this can involve some of the neediest and least empowered members of the public. I note that the new Prime Minister has recently spoken of the need for government to empower all, and not just the privileged few.

 

The £159,000 figure which is quoted presumably includes Customer Services (£105,000 = Revs & Bevs plus £54,000 = Customer Services), and again Customer Services is about as ‘front-facing’, and non ‘back office’ as it gets.

 

The Cabinet is not planning to abandon 2020 vision rather to progress it with GOSS, ICT, counter fraud and audit services.

 

The Cabinet accepts that savings not taken in one area must be made in another, and will be addressing the whole question of developing the budget for 2017/18 in the context of updating the MTFS as part of an ongoing exercise.

 

In a supplementary question, Councillor Harman asked the Cabinet Member to confirm the exact amount of the transition grant and that this would not be jeopardised in any way by this decision. Would he also agree to attend the next meeting of the Overview and Scrutiny Committee on 12 September to fully brief members and answer any questions?

 

In response the Cabinet Member said he was unable to provide a figure for the exact amount of the transition grant however he indicated that it was quite safe provided the council could come to some agreement with the other three partners in the 2020 partnership on the way forward. These negotiations were already under way so he was quite confident that they would result in such an agreement so consequently it was as safe as anyone could say at this stage. He confirmed he would be happy to attend O&S on 12 September.

2.

Question from Councillor Tim Harman to Cabinet Member Finance, Councillor Rowena Hay

 

Will the Cabinet Member update the Council on the present position with regard to the future of North Place?

 

In considering what options the Council might have will the Cabinet Member include  ...  view the full minutes text for item 7.

8.

Financial outturn 2015/16 and budget monitoring to June 2016 pdf icon PDF 128 KB

Report of the Cabinet Member Finance

Additional documents:

Minutes:

The Cabinet Member Finance, Councillor Rowena Hay, introduced the report. She explained that in December 2015 a possible under-spend of £307, 900 was forecast. This was then transferred to the budget support reserve following Council in February 2016.

 

The Cabinet Member Finance highlighted that changes to government funding arrangements, together with the current economic climate (particularly in the light of Brexit), presented an ongoing concern for the budget. It was important that the council continued to focus on economic development at the same time as ensuring that it used underspends to support economic growth, the budget strategy reserve and general balances, bearing in mind the Medium Term Financial Strategy. She explained that business rates income had seen a significant short term dip with the Beechwood shopping centre closure and the Brewery redevelopment but despite this, the business rates pool had generated a surplus of £140, 000 in 2015/16 which had been transferred to the business rates equalisation reserve. She reported that a government consultation on the retention of business rates was underway with a deadline for responses by September. This would help shape future reforms and a further technical consultation was expected in the autumn. Parliamentary legislation for the framework was due in 2017 with a pilot scheme being introduced in April next year and full implementation by the end of this parliament.

 

In terms of the government offer for a fixed 4 year funding settlement, the Cabinet Member Finance believed this should be considered alongside the current business rates consultation. In any case the council was not in a position to submit a response to government with regard to the funding settlement by the October deadline. Cabinet was working with officers to address the MTFS in order to show a balanced budget over the period of the MTFS which must happen before any submission.

 

The Cabinet Member Finance reported that the Council had contributed £440,000 to the Joint Core Strategy over the last four years. It was uncertain how much more funding for this process was required but discussions were ongoing with the Inspectorate clarifying their estimated costs to completion. A reserve of £68,779 was available for this purpose and any request for additional funding would come forward in the report to be submitted at the October meeting of Council. This was a frustrating position but outside the council’s control.

 

The Cabinet Member Finance announced an underspend of £239,020 in addition to the £307,900 already incorporated into the revised budget. She paid tribute to the officers who were constantly working to find savings, reduce costs and generate income wherever possible. It was proposed that this saving also be transferred to the budget support reserve.

 

In section 3 of the report, reference had been made to the 2017 Tour of Britain cycle race and the Cabinet Member informed members that discussions were ongoing with regard to the possibility of Cheltenham hosting the penultimate day. Whilst these were at an early stage she emphasised that this would provide a boost to  ...  view the full minutes text for item 8.

9.

Proposed financing arrangements for the construction of an annex at St. Margaret's Hall pdf icon PDF 90 KB

Report of the Cabinet Member Finance

Additional documents:

Minutes:

Having declared an interest in this item Councillors McKinlay, Whyborn, Wheeler and Jeffries left the Chamber.

 

The Cabinet Member Finance, Councillor Rowena Hay, introduced the report and explained that in 1997 Cheltenham Borough Council purchased St Margaret’s Hall and it was re-opened by a consortium of users known as the St Margaret’s Hall Users’ Group who have successfully managed the building and have undertaken a range of projects to improve the fabric of the building. The hall was a popular community facility serving the Warden Hill and Hatherley communities as well as the wider community of Cheltenham. Rental income brought in around £22,000 per annum. She went on to explain that the current lease ran to 2026 with a rent review in 2017. To support fundraising activities associated with the annex project, the Users Group have approached the council with a request to replace the lease with a new 35 year term on the same terms and conditions. To meet increasing demand for space at the Hall, the Users’ Group have drawn up plans for an annex. Details of the proposal were set out in a business plan at Appendix B and she informed Members that planning and building regulation permissions had already been granted. She reported that the Users group have approached the council for a loan of £50,000 which they would repay over a period of 15 years at 3 % interest. They intended to use the offer of a loan from the Council to apply to a range of grant awarding organisations for funding to cover the costs of the building works. The User group had already secured £41,000 and aimed to fund raise the remaining £84,000. Council was therefore being asked to consider an “in principle” loan of £50,000 to the User Group with the following conditions :

 

·         The offer of the loan in principle will remain open for 12 months from the date of the Council meeting.

·         The offer of the loan in principle is only to be used in connection with the proposed Annex as detailed in section 3 and is to help the User Group secure the additional funds necessary to enable the build contract to be entered into.

·         Subject to the User Group securing the additional funds, a further report will be considered by full council to agree whether the “in-principle” loan should be turned into an agreed loan.

 

She explained that the proposed development would help meet the growing needs within the south of Cheltenham and support one of the many voluntary sector organisations who the council relied on to help support delivery of the town’s priorities through partnership working.

 

In discussing the proposal Members made the following comments :

 

·         St Margaret’s Hall provided a valuable service to local residents and organisations and Members welcomed the proposal and hoped that the facility would continue to prosper into the future

·         The building was one of the Council’s assets and an excellent  example of how the council could influence community activities

·         Members wished  ...  view the full minutes text for item 9.

10.

Notices of Motion pdf icon PDF 92 KB

1. Proposed by Councillor McKinlay, seconded by Councillor Clucas

 

‘Council notes the result of the recent referendum on the future of the United Kingdom's membership of the European Union, and the political and economic crisis that has resulted from it.

 

Council further notes that the people of Cheltenham voted to remain members of the European Union.


Council recognises that the future is uncertain; and that Cheltenham now faces many more economic and social risks as a result of the decision to leave the European Union. This will be particularly hard felt by younger residents.

 

Council resolves to do everything in its power to protect the economy of Cheltenham, and the prosperity of the people of Cheltenham, and to work with all our partners to this end.’



2. Proposed by Councillor Savage, seconded by Councillor Harman

 

‘This Council is concerned by the reported rise in hate crime following the EU referendum. Council re-affirms its commitment to an inclusive, tolerant and diverse town. We welcome the contributions made to our vibrant multicultural and multiracial community by people regardless of their background, and will continue to work to tackle hate crime and discrimination in all its forms.’

 

 

3. Proposed by Councillor Coleman, seconded by Councillor Willingham

 

‘This Council recognises that it is important that the makeup of each of its committees is as representative of the Council as possible. 

 

This Council believes that in order to achieve this objective, the start times for meetings need to be kept under review. 

 

This Council notes that, whilst the Corporate Diary was agreed earlier in the year, a new Council was elected in May 2016. 

 

This Council further notes that its Licensing Committee has historically met on a Friday afternoon but that this arrangement is not now best suited to the requirements of Councillors who wish to be part of the Committee. 

 

This Council therefore determines that the start time for the Licensing Committee will be changed from 2:15pm on a Friday to 6:00pm on a weekday evening, to be arranged by the Democratic Services Department in consultation with the Chair and Vice-Chair of the Licensing Committee, commencing in September 2016.’

 

 

 

 

 

Minutes:

Motion 1

 

The following motion was proposed by Councillor McKinlay, seconded by Councillor Clucas

 

‘Council notes the result of the recent referendum on the future of the United Kingdom's membership of the European Union, and the political and economic crisis that has resulted from it.

 

Council further notes that the people of Cheltenham voted to remain members of the European Union.


Council recognises that the future is uncertain; and that Cheltenham now faces many more economic and social risks as a result of the decision to leave the European Union. This will be particularly hard felt by younger residents.

 

Council resolves to do everything in its power to protect the economy of Cheltenham, and the prosperity of the people of Cheltenham, and to work with all our partners to this end.’

 

Councillor McKinlay introduced the motion and Councillor Clucas as seconder of the motion reserved the right to speak later in the debate. Councillor McKinlay highlighted the need for the new government to be clear on its objectives for Brexit and have a clear plan going forward. It was important that Cheltenham Borough Council seized the moment and did everything it could for the people of Cheltenham. To that end he made reference again to the seminar the council had convened with the business community which had proved to be valuable. A report on the information gained would now be circulated. Going forward it was important that opportunities were maximised and in this respect he highlighted the Joint Core Strategy as a key strategic planning document to set the framework for providing employment and attracting inward investment to the town. He also referred to the coordinating role of the council in lobbying central government and pursuing policies to make Cheltenham a more attractive and better place. Maintaining contacts with Europe was in his view key. The motion would signal to the community that the council was aware of the issues regarding Brexit and he was keen that there was a positive outcome for the town. He reminded Members that the Brexit vote was what the majority of the country voted for so they had a commitment to the people of Cheltenham to seek the best outcome.

 

Councillor Savage questioned the use of the phrase “political and economic crisis” which he would be reluctant to endorse and therefore announced his intention later in the debate to propose an amendment for it to read “political and economic uncertainty”. He was upbeat about the local economic situation and in his view a protracted period of political uncertainty had been avoided due to the formation of a new government.

 

During the debate the following points were raised :

 

·         The impact of the loss of funding streams such as the European Social Fund, the European Regional Development Fund and support given to locally and regionally elected Members was highlighted. One Member quoted that €1 million had been awarded to Gloucestershire. The EU had done a lot to support community cohesion.

·         Members welcomed the prudent approach  ...  view the full minutes text for item 10.

11.

To receive petitions

Minutes:

Doreen Spiers, Chair of the Springbank Residents Association presented a petition against changes to the C bus route in Springbank. The Mayor accepted the petition which would come to Council for debate in due course under the Council’s petition scheme.