Agenda and minutes

Apologies were received from Councillor Paul Baker and Councillor Chris Mason.

Councillor Smith declared an interest in Agenda item 12 as a Director of Cheltenham Borough Homes.

Councillors Fletcher and Jordan declared an interest in Agenda item 17 and Councillor Jordan announced his intention to leave the meeting for that item.

Minutes of the meeting held on 19 October 2015

The minutes of the last meeting held on 19 October 2015 were approved and signed as a correct record.

The Mayor invited all Members to partake of refreshments in the Mayor’s Parlour when Council adjourned for tea.  He indicated that the Book of Condolence for the tragedy in Paris would be available in the parlour for any Member who still wished to sign it. He also encouraged Members to buy a 2016 Calendar being sold in aid of the Mayor’s charities.

The Leader thanked all the staff and volunteers who had worked hard to collect donations of clothes to be sent to support the Syrian Refugees. He was also pleased to announce that Cheltenham would be welcoming two refugee families this week as a result of the council and Cheltenham Borough Homes working in partnership with the county council and the government. 

The Leader updated Members on the progress made in strengthening the Gloucestershire Airport Board by recruiting two additional non-Executive Directors. Their appointment would be confirmed at the AGM on 16 December.

Regarding Devolution, the Leader updated Members on the challenge session with Greg Clark, the Secretary of State, held on 11 November 2015. Governance and Housing had been highlighted as two areas where the Minister would like Gloucestershire to be more challenging and do further work on their bid. Further work was ongoing and Leadership Gloucestershire had considered any revisions to the bid at their meeting earlier that week.  It was then proposed that councils provisionally approve the deal in principle in February, public consultation in May/June, final sign off from partners in July with submission to government in September and shadow arrangements starting October 2016. He would issue a Member briefing later in the week.

None received.

There were no public questions.

Report of the Cabinet Member Finance

The Cabinet Member Finance introduced the report which ensured that the authority had adopted the Code of Practice on Treasury Management 2009 and complied with its requirements. He highlighted the following :

·         short term borrowing was low as the aim was to keep external borrowing low in the current economic climate.

·         Long term loans comprised the additional £4.75m borrowed from the PWLB to finance the purchase of Delta Place

·         Security of capital remained the Council’s main investment objective. This was maintained by following the Council’s counterparty policy as set out in its Treasury management Strategy for 2015/16 for 2015/16 and restricted new investments.

·         the council anticipated an investment outturn of £123 200 against a budget of £60 000. He congratulated the Treasury Management team on this achievement.

·         The council had also operated within the treasury limits and Prudential Indicators set out in the Council’s Treasury Policy Statement and Annual Treasury Strategy Statement.

RESOLVED (unanimously)

1.   To note the contents of the summary report of the treasury management activity during the first six months of 2015/16.

Report of the Cabinet Member Development and Safety

The Cabinet Member Development and Safety introduced the report and explained that Section 5 of the Licensing Act 2003 required the Council to review, determine and publish its Licensing Act Policy Statement every five years. He reminded members that the current Policy Statement was adopted by the Council on 10 February 2012. Whilst it was not technically necessary to review the adopted policy statement until 2016, it was deemed appropriate to undertaken an early review to reflect various changes in law, good practice and changes to the local licensing landscape.

Consultation had been undertaken and this report was asking Council to consider the consultation feedback and adopt the revised policy. He explained the background to the Licensing Act 2003 which was the primary legislation that dealt with the licensing requirement relating to:

a)    The sale of retail alcohol

b)    The supply of alcohol by or on behalf of a club to, or to the odrder of a member of the club

c)    The provision of regulated entertainment

d)    The provision of late night refreshment

The Cabinet member said that these activities were authorised through the issue of:

a)    a premises license

b)    a club premises certificate

c)    a temporary events notice

the Council was obligated to promote the four licensing objectives when discharging its functions under the 2003 Act when setting policy. The licensing objectives are:

a)    The prevention of crime and disorder

b)    Public safety

c)    The prevention of public nuisance

d)    The protection of children from harm

The draft policy statement set out the principles the council would apply when determining applications under the 2003 Act for the next 5 years. It also provided guidance to licence holders and applicants on how to make an application and advised how the Council would determine applications.

The amended new policy statement set out a proposed policy vision to make Cheltenham a safe and clean town that offered a great diversity in the night time economy. That is less focused on alcohol and that protects the quality of life for residents. In order for the Council to achieve this vision it must become more proactive in shaping the licensing landscape of the town.

The revised policy statement has a number of proposed measures:

1)    Designating the town centre as an ‘area of concern’ (allowing the Council to regulate the number of licensed premises)

2)    Introducing core hours for licensable activities

3)    Restricting latest admission times (1 hour before closing for clubs, half an hour for bars)

4)    Restrict the sale of alcohol from take away food premises

5)    Restrict the use of pavement cafes and external areas to before 23:00 hours

6)    The adoption of a Code of Good Practice for drinks promotions

7)    Formalising the Council’s approach to the classification of films not classified by the British Board of Film Classification

8)    The adoption of model conditions for licensing

The Cabinet Member reported that consultation on the revised policy had been undertaken for 12 weeks between April and July 2015  ...  view the full minutes text for item 9.

Report of the Chair of the Constitution Working Group

The Chair of the Constitution Working group, Councillor Colin Hay, introduced the report and explained that to ensure that the Council’s Contract Rules reflected the latest statutory requirements GO Shared Services had designed a common Procurement and Contract Management Strategy for all of the partner councils. This would be supported by a new common set of Contract Rules prepared by One Legal which had been considered by the Constitution Working Group.

In response to a question it was confirmed that Cheltenham Borough Homes, Ubico and the Cheltenham Trust would also have to comply to the latest statutory requirements.

RESOLVED (unanimously) THAT

The contract rules be approved.

Report of the Leader

The Leader introduced the report which was seeking approval from Council to approve and publish a protocol that would provide :

a)    A general overview and advice to parishes and interested local community groups on the neighbourhood planning process;

b)    Guidance on how the Council will support and process neighbourhood plans and orders; and

c)    A coordinated approach within the Council in relation to neighbourhood planning.

The Leader explained that in terms of funding there was no guarantee that it would be fully funded externally but at present a local authority may submit claims of up to £30 000 for each completed Neighbourhood Development Plan to support the process. In Cheltenham there was one Neighbourhood Plan in place and one was ‘in the pipeline’. The protocol clearly laid down who takes which decision and at what point.

The Leader wished to take the opportunity to thank colleagues represented on the Planning and Liaison group who had considered this report.

RESOLVED (unanimously) THAT

The Cheltenham Borough Council Neighbourhood Planning Protocol be approved and published on the Council’s website.

Report of the Cabinet Member Housing

The Cabinet Member Housing introduced the report which sought approval from Council to enter into a JCT Design and Build Contract with J Harper and Sons with Total Scheme Costs not to exceed £1,439,500. The scheme would deliver ten new homes.

The Cabinet Member highlighted that affordable housing was in high demand in town and should remain a priority. He explained that following the granting of planning permission for 10 units in July a procurement process was undertaken in August with 8 companies expressing an interest. The tender from J Harper and Sons was competitive in the current market and represented value for money for the size and scope of the works proposed. The proposed redevelopment of this site within the HRA was also a good use of Right to Buy receipts and this pipeline of developments should continue as it provided solutions to complex brownfield sites.

The Cabinet Member Housing wished to put on record his thanks to Cheltenham Borough Homes and CBC officers who had been involved.

In the debate that ensued Members welcomed the proposed scheme which brought much needed development of the site and affordable housing to the town.

RESOLVED (unanimously) THAT

1.    the allocation of up to £1,439,500 for the construction of ten new dwellings be authorised.

2.    it be noted that the total scheme costs of £1,439,500 (broken down in further detail in exempt appendix 3) will be funded by circa £430k of RTB receipts with the balance funded by the most appropriate combination of the other funding streams noted within the report – this decision being delegated to the Section 151 Officer in accordance with Financial Rules B7 and B8.

3.    it be approved that loan finance be sourced of up to £1.0m from the Public Works Loan Board to be used for the construction of ten new dwellings.

MOTION A – 20 m.p.h. speed limits

Proposed by Councillor Whyborn, seconded by Councillor Flynn

Cheltenham Borough Council notes that many councils across the country, of various party political control, have implemented or are now implementing 20mph speed limits over wide areas without traffic calming. Over 14 million people now live in areas, where 20 mph has become the default speed limit in residential and urban streets, except for arterial roads.

Council recognises that 20 mph limits have the potential to promote increased road safety, particularly for young and elderly pedestrians and cyclists, as well as to enable active and sustainable travel. Nationally Public health and other bodies such as NICE, Public Health England, the LGA and the WHO all support such a policy. It is described as the most cost-effective way to improve health equality by tackling inactivity, obesity and isolation, whilst also being child, disability, elderly and dementia friendly.

Council notes that the report of the Cycling and Walking Scrutiny Group includes recommendations to "initiate a review to assess the appetite for a 20 mile speed limit across town from residents, businesses, and visitors”, and also notes the County Council report “Draft Local Transport Plan Policy Document PD 2 (Cycle)” in which implementation of a 20 mph zones programme are described as an operational priority.

Council requests that Cabinet consider the recommendations of Overview and Scrutiny committee of 26th Oct 2015 regarding Cycling and Walking, and include provision for a consultation exercise in the 2016/17 corporate work plan to establish where there is appetite for 20 mile per hour limits in Cheltenham and that the Council use its best endeavours in conjunction with Gloucestershire County Council to work towards trials in suitable areas where public support exists.

In proposing the motion Councillor Whyborn made the following points about why a 20 mph limit was needed in residential streets:

·         Residents frequently complained about speeding but what they really meant is they wanted lower and safer speeds than currently in force so that they can have safer streets for children and adults

·         Research showed that impacts at 20 mph were rarely fatal whilst impacts at 40mph were nearly always fatal and 30 mph usually serious

·         NICE, Public Health England, LGA and WHO all supported the health benefits through reduced car travel and better air quality

·         The Cycling and Walking STG had asked for a public consultation on attitude to a 20 mph limit; the latest GCC Local transport Plan Policy made the point that implementation of 20 mph speed limits was an operational policy

·         The UK has a worse record for deaths and accidents of children and the elderly than most of Europe where 19mph urban speed limits are common.

·         20mph speed limits have been successful in 40 areas

Councillor Whyborn emphasised the following points:

·         it was not about physical traffic calming measures such as road humps,but rather about 20 mph over reasonably wide areas of urban streets hence implementation involving mainly signage.

·         the benefits and idea is that  ...  view the full minutes text for item 13.

None received.

The Mayor had agreed that an urgent item should be added to the agenda and would be taken in exempt session.

The Council is recommended to approve the following resolution:-

“That in accordance with Section 100A(4) Local Government Act 1972 the public be excluded from the meeting for the remaining agenda items as it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public are present there will be disclosed to them exempt information as defined in paragraphs 3, Part (1) Schedule (12A) Local Government Act 1972, namely:

Paragraph 3; Information relating to the financial or business affairs of any particular

person (including the authority holding that information)

The Council approved the following resolution:-

“That in accordance with Section 100A(4) Local Government Act 1972 the public be excluded from the meeting for the remaining agenda items as it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public are present there will be disclosed to them exempt information as defined in paragraphs 3, Part (1) Schedule (12A) Local Government Act 1972, namely:

Paragraph 3; Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Report of the Cabinet Member Finance

It had been agreed by the Mayor on 10 December 2015 that this item should be taken as an urgent item because the Homes and Communities Agency had proposed a two week window and if a decision by Council was not achieved within this they would withdraw their funding for the proposed affordable housing scheme which could then not proceed.

The Cabinet Member Finance introduced the exempt report which had been circulated to Members. In the debate that ensued Members considered the issues. They welcomed the scheme which made the best use of existing assets and created 31 units of new affordable homes within the town. They were assured by the Cabinet Member Finance that the concerns they expressed would be addressed by the ongoing work being undertaken by the S151 Officer and the Lead Commissioner, Housing Services.

RESOLVED

To approve the recommendations as laid out in the report.