Agenda and minutes

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Contact: Bev Thomas, Democratic Services Team Leader 

Items
No. Item

1.

Apologies

Minutes:

Apologies were received from Councillor Hay, Hegenbarth, Savage, Stennett, Sudbury, Wilkinson and Williams.

2.

Declarations of Interest

Minutes:

Councillor Horwood declared an interest in agenda item 12 as he let a property which was currently vacant.

3.

Minutes of the last meeting pdf icon PDF 848 KB

To approve the minutes of the meeting held on 14th October.

Minutes:

The minutes of the meeting held on 14th October were signed and approved as a correct record.

4.

Communications by the Mayor

Minutes:

The Mayor informed Members that the Licensing Team had received the  iESE Certificate of Excellence reward for significant innovations in public sector transformations. He explained that Cheltenham Borough Council’s Licensing Team had led on several innovative and “national first “initiatives, including the digitalisation of all of its taxi and alcohol licensing application processes where the project achieved a 100% channel shift. Similarly, in 2017, the council was the first authority to adopt a Public Spaces Protection Order to tackle ticket touting during major sporting events and in 2019, Cheltenham became the first town in the country to win an Association of Town and City Management award recognising the town’s wide appeal in its evening and night-time economy. He also advised that Louis Krog, Licensing Team Leader, was runner-up in the 2019 Institute of Licensing’s Jeremy Allen Award. 

 

The Mayor then updated Members on a number of recent events he had attended.

 

He then advised Members of the following :

 

·         that he had written a letter to the Mayor of Annecy on behalf of the council following the fire which had destroyed the Town Hall.

 

·         Sophie McGough, Democracy Officer, would be leaving the council in the new year and wished her well in her new job.  

 

·         He commiserated with Cllr Wilkinson for his defeat at the recent General Election and offered his congratulations to Alex Chalk. He also wished to thank all of the staff involved in the elections for their hard work.

 

Councillor Harman also wished to thank Paul Jones and Kim Smith for their hard work during the election. He congratulated Alex Chalk MP and hoped that the council could work with Alex to achieve the best outcome for the people of Cheltenham.

5.

Communications by the Leader of the Council

Minutes:

The Leader also thanked all the staff involved in the election and congratulated all of the candidates who stood, in particular Max Wilkinson for running a fantastic campaign.

 

He informed Members that the TRO committee had today voted to halt the Transport Plan. He felt that this was a disaster for Cheltenham’s future and  questioned how serious the County Council were about climate change given the environmental benefits of the scheme.  He explained that the matter would still go before the County Council Cabinet but it was anticipated that they would follow the recommendations of the TRO committee. He thanked all those involved in getting the transport plan to its current stage.  

6.

To receive petitions

Minutes:

None received.

7.

Public Questions pdf icon PDF 133 KB

These must be received no later than 12 noon on Tuesday 10th December.

Minutes:

1.

Question from Amber Astron Christo to the Cabinet Member, Development & Safety Councillor Andrew McKinlay

 

Re BOOTS CORNER.

 

Over £20,000 of tax payers money has been spent. It is now proposed that it is all re-designed at a cost of over £100,000?

 

The scheme has been badly thought out and has simply removed the polluting transport away from the shopping area, into residential streets. My additional concerns are as follows:

 

  • A backlog of traffic builds up on Bath Road, Old Bath Road, College Road, Sandford Rd., Thirlestaine Rd., Suffolk Rd.,Hales Rd., Hewlett Rd., and many others. Rush hour traffic results in commuters sitting in a backlog, idling and polluting the air. You have simply moved the problem from one area to another.
  • The particles from diesel are still pouring out at Boots corner, from buses and cabs, and you have encouraged people to sit and breath that pollution in, with new seating provided.
  • The real problem is that the way transport is moved around Cheltenham is badly thought out, with a lack of signage or sensibility.
  • Many businesses claim the scheme has negatively impacted their takings/footfall.

 

What exactly are you going to do about these issues?

 

 

Response from Cabinet Member

 

The works at Boots Corner were a temporary measure to coincide with the experimental traffic order introduced by colleagues at GCC. The works could not be permanent as it could be deemed to predetermine the outcome of the trial.

 

That trial will be considered by the GCC Traffic Regulation Order committee on 16th December and by GCC cabinet on 20th December 2019, for a final determination.

All of the points that you raise were considered by CBC cabinet on 5th November 2019 and the full papers can be found here

https://democracy.cheltenham.gov.uk/documents/g2980/Public%20reports%20pack%2005th-Nov-2019%2018.00%20Cabinet.pdf?T=10

 

Interestingly the traffic flow data from GCC appended to the above report does not support your assertion. In fact GCC states:

 

    The traffic data collected during March 2019 suggests the closure of Clarence Street as part of the Cheltenham Transport Plan Experimental Traffic Regulation Order is having only a limited effect on the wider traffic network;

    Traffic volumes across Cheltenham between 2008 and 2015 decreased by approximately 13% and are continuing to fall;

    In 2018, traffic volumes across Cheltenham were approximately 20% lower than they were in 2008;

    This pattern is likely to continue given the rise in home working and modal shift.

 

So we actually have declining vehicle movements within the town.

 

In terms of air pollution, again I refer to the appendix to the report. This notes:

 

    A slow decline of NOx over the last 10 years; and

    A 7.5% decline since 2014, reflecting a reduction in traffic volumes and improvements in emissions.

 

So we have an improving air quality position within the town.

 

The way people move around the town has changed dramatically, as shown by this data from Stagecoach:

 

    An extra 270,000 bus passenger journeys made across Cheltenham in the first year of the trial;

    That's about  ...  view the full minutes text for item 7.

8.

Member Questions pdf icon PDF 124 KB

These must be received no later than 12 noon on Tuesday 10th December.

Minutes:

1.

Question from Councillor Willingham to the Cabinet Member Development & Safety, Councillor Andrew McKinlay

 

 

Given the frequent operation of the Alstone Lane Level Crossing, and the long queues of traffic which form when the barriers are lowered during peak hours, could I please enquire what air quality monitoring is performed in the vicinity of the Alstone Lane Level Crossing?

 

 

 

Response from Cabinet Member

 

 

The nearest monitoring point to the Alstone Lane Level Crossing is our NOx monitoring tube situated at 264, Gloucester Road.  The 2018 annual average level of NO2 recorded at 264 Gloucester Rd was 31.59ug/m3 which is within the legal limit of 40ug/m3.  Air pollution levels have not been specifically monitored in Alstone Lane.

 

 

Supplementary Question

 

 

Given the consistent queuing of traffic on Alstone Lane which is in close proximity to the level crossing, would it be possible to get some air quality monitoring equipment installed nearby to identify whether there is an issue?

 

 

Response from Cabinet Member

 

 

Could not give a definitive answer to question at present, but there was equipment available as a result of the CTP.

 

2.

Question from Councillor Willingham to the Cabinet Member Development & Safety, Councillor Andrew McKinlay

 

 

Could I please enquire what would be required, both in terms of evidence and legislation, to get an enforceable no-idling zone on Alstone Lane in the vicinity of the Level Crossing, and if it is possible, how the responsibility for enacting and enforcing this would likely be divided between the Borough and County Councils?

 

 

Response from Cabinet Member

 

 

I would urge all drivers to consider how they can contribute to local air quality by turning off their engines when stationary, particularly when there is likely to be a foreseeable delay, such as at a level crossing. 

 

My understanding is that legislation exists (The Road Traffic Vehicle Emissions (Fixed Penalty) (England) Regulations 2002) to allow councils to enforce. However, the legislation is limited in its scope and widely considered to be almost completely ineffective.

 

We have the power to adopt anti-idling legislation on application to the Secretary of State, but only in an Air Quality Management Area (AQMA). CBC is about to revise the Cheltenham AQMA which currently covers the whole borough, following which most of the town will no longer be covered by an AQMA. This proposed revision was supported by the Department for Environment, Food and Rural Affairs (DEFRA) in its Annual Status Report for Cheltenham in November 2018.

 

The legislation requires that anyone allowing their car to idle (whilst stopped at the kerb, but not when stationary in a traffic queue) has to be challenged and invited to stop idling.  If they don’t they can be issued with a fine.  The fine is set at £20.

These powers have only been adopted by a handful of councils across the country, who have found they spend a lot of officer time (and money) trying to enforce it and issuing very few fines (of the order of less than double figures in a year).  ...  view the full minutes text for item 8.

9.

Consideration of a petition entitled - 'Keep Parking at Pittville Park Free!' pdf icon PDF 471 KB

Report of the Cabinet Member Development and Safety

Minutes:

The petition was introduced by the petition organiser, Mr Stephan Fifield. He criticised the parking order and spoke about the importance of Pittville Park to the community. He emphasised that its importance and popularity was based on accessibility and felt that introducing parking charges would damage this accessibility and reduce the number of visitors. He stressed that the order sought to achieve two contradictory goals: improving air quality by deterring the use of cars, while also improving access. Furthermore, it contradicted the council’s stated goal of making all parks ‘more accessible to all’. He suggested that a car parking policy should seek to maximise public good, and this could not be the case if access to the park was reduced. He asked that the two car parks (Pittville Pump Room and Albermarle Gate) be excluded from the order, on grounds of public good.

The Cabinet Member for Development and Safety, responded by reminding Members that the 2016 Car Parking Strategy included a consultation in September regarding smaller car parks on the outskirts of town. A number of petitions were submitted regarding other car parks, such as the one in Charlton Kings, and those suggestions were included in the final strategy. However, this petition had failed to meet the timeline. Other petitions relating to Pittville were submitted during the statutory consultation process and taken into account, resulting in changes to the recommendations. Two hours’ free parking were offered, with a £1 charge for the next two hours. He stressed that this did not generate significant income for the council, but ensured that people did not stay there too long. He suggested that the requirements of the new petition had already been satisfied by previous submissions, and that the decision made by Council in September was the correct one.

One Member asked when precisely the changes would be applied. Mike Redman, Director of Environment, clarified that the timings for this particular car park were between 8am and 6pm, which differed slightly from the usual schedule for Cheltenham car parks.

 

In the debate that followed, Members made the following comments:

·         Pittville Park had historically not always been free to all. The successful investment the council had made in improving the park was acknowledged.

·         Charges were minimal and would not affect public enjoyment, but would improve access by preventing the car parks becoming clogged up.

·         It was wise to discourage long-term parking, but questioned whether charging £1 was sufficient to do that, and whether enforcement would be properly carried out.

·         The 6pm cut-off point was endorsed as this allowed those attending evening concerts to avoid unexpected charges.

·         The only solution to overcrowding from commuter parking and student parking was to impose a time limit, set at four hours although this needed to be properly enforced. It was suggested that enforcement could be paid for through parking fees, creating a more direct link to users.

·         One Member echoed the concern that a £1 charge would not cover the cost of enforcement. They asked why they  ...  view the full minutes text for item 9.

10.

Recommendations of the Independent Remuneration Panel (IRP) regarding Members' Scheme of Allowances pdf icon PDF 567 KB

Report of the Independent Remuneration Panel

Additional documents:

Minutes:

The Acting Head of Paid Service introduced the report and explained that a full review of the Members’ allowance scheme was conducted every 4 years and the recommendations following the most recent review were detailed in the appended Independent Remuneration Panel (IRP) report.  He welcomed Quentin Tallon, the Chair of the IRP to introduce the report.

 

Mr Tallon firstly wished to thank Democratic Services for their support in conducting the  review. He highlighted the process for the review and explained that they had sent a questionnaire to Members to which they had received an 85% response rate. They had also interviewed 12 Members, including leaders of political groups, Cabinet Members and back benchers.  He summarised the recommendations in the report, as follows:

 

·           They recognised the increased workload for Councillors and so were proposing a 2% increase to the basic allowance and the same increase to all SRA’s.

·           The report was recommending to formalise the split of the SRA for the Chair and Vice-Chair of Licensing in the scheme.

·           They acknowledged the increased work load for the Chair and Vice-Chair of the  planning committee as a result of the evolving legislation and the need to keep informed of changes to the emerging local plan, the JCS and NPPF. As such, they were recommending a 15% increase to the allowance for the Chair and Vice-Chair of the Planning Committee.

·           They had considered increasing the allowance for the Mayor following comments from Members, however, reasoned that the allowance was not designed to compensate a Member for loss of earnings and when compared with other mayoral allowances within the region, it was considerably higher.

·           They were recommending an increase to the Members training budget as they felt it was imperative Members were equipped with the right information and knowledge to fulfil the role.

 

He lastly wished to the thank Members for their invaluable participation in the process.

 

In the debate that followed, Members thanked members of the IRP for conducting the review. The Leader noted the reference in the report to extending the size of the Cabinet and explained that this was something he was seriously considering in the near future, however, the election had halted the process.  He confirmed that they were considering creating a role as a Cabinet Member for Cyber Central and one for climate change.

 

Members had some concerns in the report regarding remuneration to council appointed representatives on outside bodies.  Whilst they acknowledged that the appointment to the airport was a slight anomaly as the airport was jointly owned by the council they felt that all other appointments were carrying out duties on  behalf of the council, and as such, should receive an allowance. It was highlighted that the non executive directors of the airport, Ubico and Publica now receive a payment and so it was deemed unfair that the council nominated non exec director does not receive an allowance for the same role.

 

Councillor Parsons wished to propose the following amendment that was seconded by Councillor Stafford:  ...  view the full minutes text for item 10.

11.

Local Council Tax Support Scheme for 2020/21 pdf icon PDF 250 KB

Report of the Cabinet Member Finance

Additional documents:

Minutes:

The Leader of the Council presented the report, in the absence of the Cabinet Member Finance. He reminded Members that the process was introduced in 2013, and covered the benefit for working age people. The government had cut its funding by 10%, but the council had continued to provide 100% support to over 2700 families. The system operated using 20% bands, and sought to align with Universal Credit. The report proposed enhancing the disabled child disregard to £100 a week and increasing the amount per band to prevent people dropping out of a particular tier. The discretionary fund would be used in particular cases of hardship. He emphasised that the council must be especially supportive of those on low incomes, noting that while the pension age was fixed, the council can have a genuine influence on the situation of working families.

 

RESOLVED (unanimously) THAT

 

1) The Local Council Tax Support Scheme for 2020/21 for working age customers in Appendix 2 and summarised in Appendix 3 in accordance with section 13A(2) of the Local Government Finance Act 1992 be approved.

 

 

 

12.

Review of Council Tax Premium on Empty Properties pdf icon PDF 277 KB

Report of the Cabinet Member Finance

Additional documents:

Minutes:

The Cabinet Member Housing presented the report, in the absence of the Cabinet Member Finance. Councillor Horwood declared an interest in this issue and left the chamber.

The Cabinet Member Housing explained that the scheme was introduced in 2018, in line with the council’s Housing & Homelessness Strategy. A commitment was made last year to review the scheme, which had now been undertaken. He suggested he was particularly pleased that 85 properties have been brought back into use. There were 300 properties in Cheltenham that were deemed to be ‘long-term empty’. This scheme incentivised making proper use of these properties.

One Member asked about the technical details of classifying furnished and unfurnished houses. The Cabinet Member Housing clarified that houses have to be ‘reasonably furnished’ in order to qualify – in other words, just putting a sofa in does not change the status. Second homes do not fall under the remit of this legislation.

One Member outlined a case in Charlton Kings where a property was damaged by a serious fire. The building was rendered uninhabitable for six months, but was still treated as an empty property and charged accordingly. The Cabinet Member Housing clarified that in extreme cases, individuals could apply for extenuating circumstances.

RESOLVED (unanimously) THAT

 

The level of Council Tax Empty Homes Premium detailed in appendix 2 as follows be approved:

 

a)     100% in respect of properties which have been unoccupied and unfurnished for more than 2 years from 1st April 2020

 

b)     200% in respect of properties which have been unoccupied and unfurnished for more than 5 years from 1st April 2020

 

c)    300% in respect of properties which have been unoccupied and unfurnished for more than for 10 years from 1st April 2021

13.

Treasury Mid-Term Report 2019/20 pdf icon PDF 476 KB

Report of the Cabinet Member Finance

Additional documents:

Minutes:

In the absence of the Cabinet Member Finance, Councillor Baker, as Chair of the Treasury Management Panel presented the report, supported by the Executive Director Finance and Assets. He drew members’ attention to part 6.3, which mentioned uncertainty due to the general election. As this had now occurred, the uncertainty was lessened.

RESOLVED (unanimously) THAT

 

The contents of the summary report of the treasury management activity during the first six months of 2019/20 be noted.

 

 

14.

Review of No Child Left Behind and adoption of the Cheltenham Offer pdf icon PDF 905 KB

Report of the Cabinet Member Healthy Lifestyles

Minutes:

The Cabinet Member Healthy Lifestyles introduced the report, and thanked Members for their active engagement in the No Child Left Behind project. She drew their attention to section 3.1, which illustrated the number of children helped directly. She emphasised the value of a whole town approach, and the importance of a plan to continue the project in the years to come. She thanked the Strategy and Engagement Manager and officers in his team as well as Charles Welsh, Executive Headteacher, Gardeners Lane and Oakwood Federation for their hard work, especially in terms of gaining the support of private organisations.

The next steps for the project were to build on what had already been achieved. Language accessibility was a key aim, as was helping the victims of criminal exploitation. The project intended to take a trauma informed approach and empower individuals through strength-based relationships. It was hoped that the example set by No Child Left Behind would be adopted by other towns and communities. She drew Members’ attention to the Cheltenham Offer, on the final page of the report. This was intended to be self-sustaining, so the council was considering the submission of a potential lottery bid.

Summarising her speech, the Cabinet Member Healthy Lifestyles asked the Mayor to write to all those involved in the project and thank them for their work.

One Member thanked the Cabinet Member Healthy Lifestyles for her contribution and emphasised that they were wholeheartedly supportive in their role as a county councillor, as well as a local councillor. The project had been nationally recognised by the LGA, and they are working on securing additional funding at that moment.

One Member emphasised the importance of the issue to the town. Inequality was appalling, and was unlikely to improve over the next five years. 4000 children in Cheltenham were growing up in poverty. Exclusion from school must be seen as a last resort.

Members congratulated the Cabinet Member Healthy Lifestyles and the relevant officers for their good work. They endorsed the holistic approach taken by the project, and praised the good work done behind the scenes. The child poverty figures in Cheltenham were disgraceful, and it was paramount that things were done to improve the situation. Last year, there were 128 episodes of children as young as five running away from care, indicating that the care system is broken.

One Member cited the damning Ofsted report published in 2017, which referred to ‘serious and widespread failures’ in children’s services. It was undeniable that there were children suffering in Cheltenham, and was of the utmost importance that the council worked to alleviate this.

The Mayor thanked the Cabinet Member and officers concerned.

 

RESOLVED (unanimously) THAT

 

 

1.    The progress achieved by the No Child Year of action be noted.

 

2.    Cheltenham Borough Council commit to support a second year of No Child Left Behind.

 

3.    Cheltenham Borough Council commit to the Cheltenham Offer.

 

4.    Authority be delegated to the Executive Director People and Change, in consultation with the  ...  view the full minutes text for item 14.

15.

Notices of Motion pdf icon PDF 123 KB

Minutes:

Motion A

 

Proposed by Councillor Cooke

Seconded by Councillor Harman

 

This council recognises that trees have a crucial role to play in tackling the climate emergency. 

 

Following the declaration of a climate emergency in February 2019, and the endorsement of the ‘Carbon Neutral Cheltenham Leadership through Stewardship’ report in October 2019, this council further notes that:

 

Doubling tree cover across the UK could draw down 50 million tonnes of carbon dioxide annually, which is around 10% of current UK emissions.

 

Trees also provide additional benefits beyond their critical importance in reaching net-zero greenhouse gas emissions: trees create more space for nature, supporting hundreds of species of insects, birds and mammals. Trees are also great for public health, helping clean the air and providing access to nature that’s important for our wellbeing.

 

This council therefore commits to including the following in its Carbon Neutral action plan and allocate appropriate funding for:

1) Increasing tree cover on council-owned land.

2) Increasing tree cover across the Borough by updating council strategies and plans.

3) Working with partner organisations to plant one million trees by 2030

 

In proposing the motion Councillor Cooke explained that this followed on from the carbon leadership report that was brought to Council and sought approval to include the initiatives in the enabling work that the council had already endeavored to undertake. He acknowledged that this required working with partner agencies such as the Woodland Trust to change the management of the land. He wished to modify point 3 as follows :

 

‘‘working with partner organisations towards planting 1 million trees or equivalent by 2030’’.

 

He highlighted that over its lifetime, 1 tree stored a metric tonne of carbon and each human on average, produces 12 tonnes a year. Therefore, whilst trees would never be the complete answer, they could form an important part of the solution and official figures suggested we need to plant around 5x more trees. He stressed that in the UK, the woodland cover is only around 13% when compared with Europe which is around 35%.  Similarly, the UK imported a significant amount of wood and only produced around 20% of its own in order to fulfill its timber requirements. He highlighted that as well as carbon sequestration, trees contributed to flood defense, reduction in soil erosion, improved biodiversity and importantly improving effects on air quality. He acknowledged that the council was limited to planting trees on its own land, however, reasoned that ecological succession would enable indigenous species to grow and would not cost the council money. He noted that imported diseases and pests caused a number of trees to die and so at the very least they needed to be replanting these. 

 

Councillor Willingham proposed the following amendment to motion A, this was seconded by Councillor Baker.

 

After the third paragraph ending “our wellbeing.” Add the following paragraphs:

 

Cheltenham Borough Council has already commenced tree planting, with approximately one thousand trees having already been planted in various parks and green spaces  ...  view the full minutes text for item 15.

16.

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

Minutes:

There was none.