Agenda, decisions and draft minutes

Councillor Collins sent apologies.

Councillor Horwood declared a pecuniary interest in Agenda Item 8, and said he would withdraw from the Chamber when that item was considered.

The minutes of the meeting held on 19 December 2023 were approved as a true record and signed accordingly.

Questions must be received no later than 12 noon on the seventh working day before the date of the meeting

There were no public questions or petitions.  One Member question was received, with the answer taken as read:

1.            Question from Councillor David Willingham to Cabinet Member for Safety and Communities, Councillor Flo Clucas

In light of the number of people who arrive severely inebriated at Cheltenham Spa station on early morning trains during race week, and the impact this has on local communities as well as the pressure it puts on Gloucestershire Constabulary, and noting that many football trains are “dry”, would the Cabinet Member for Safety and Communities join me in calling on the British Transport Police and the Train Operating Companies, to designate all trains arriving at Cheltenham Spa station before 10am during March race-week as alcohol-free, to reduce the early morning nuisance caused by racegoers getting incapably drunk on those trains, and to allow those who are likely to become a nuisance to be detrained and detained at locations well away from Cheltenham, such as Bristol, Swindon, Worcester or Birmingham, so they don’t get to Cheltenham to cause disorder later?

Cabinet Member response:

Thank you for your question, Cllr Willingham.

Contact was made with GWR and the British Transport Police regarding the concerns you have raised and the response from the British Transport Police is below from Mark Cleland, BTP Superintendent, who is responsible for the BTP operation for Cheltenham, explaining why in their opinion “dry trains” is not the right issue to focus on.

·         The BTP policing operation extends far wider than Cheltenham as we police routes into Cheltenham from Birmingham, Bristol, South Wales and London, with a police presence at stations that extend across those routes.

·         Crime rates on the railway are very low during the festival, on average we make maybe one or 2 arrests and they tend to be on the return after the event which is usually alcohol fuelled as a result of drinking at the event and not on trains. I checked the crime for the 2023 festival and I can see we had no reports of crime at all at that location.

·         We have no issues with passengers travelling on the forward to the event, even if consuming alcohol. We have very few issues on trains leaving the event as the trains are so full and we tend to have officers travel with the trains. Most issues happen in the queues with people arriving at the station after leaving the racecourse which is where they’ve consumed too much alcohol.

·         To manage dry trains would be extremely difficult due to the profile of the event with people travelling from all over the UK, we would have to resource police officers at a huge number of locations to prevent people bringing alcohol onto trains and due to the low levels of crime, this would not be proportionate.

·         The greatest issue around alcohol consumption is due to people getting drunk at the racecourse and in pubs in Cheltenham. That is what impacts on the railway. There never seems to be an ask  ...  view the full minutes text for item 4.

Report of the Leader, Councillor Rowena Hay

The Leader introduced her report, highlighting the following:

-       the Gloucestershire City Region Board will bring together the Severn Vale, Rural Ambitions and Central Gloucestershire City Region Boards and the Gloucestershire Economic Growth Joint Committee (GEGJC) as the Gloucestershire City Region Board (GCRB), serving the whole county;

-       the Gloucestershire local authorities’ Business Rates Pool created the Strategic Economic Development Fund (SEDF), administered by GEGJC;

-       with the growth of the Business Rates Pool and fund, GEGJC members asked whether a more strategic approach could be taken when considering and allocating SEDF, noting that projects are not always strategic in nature, risking funds being allocated to projects that may not maximise economic benefit and growth for the county;

-       the proposal is for the GCRB to administer and allocate the SEDF, developing a longer vision, and applying more rigorous and strategic selection of projects which deliver and add value to the growth of the local economy;

-       the county council’s GEGJC Scrutiny Committee will be reconstituted to focus on oversight of GCRB activities, including monitoring delivery of projects funded by SEDF and suggesting potential areas for future investment;

-       retaining both GCRB and GEGJC was deemed to create duplication and be ineffective.

She thanked the Chief Executive for a detailed report, confirming that the GCRB won’t come into being until each authority has voted on it.

The Cabinet Member for Economic Development, Culture, Tourism and Well-being made the following comments:

-       this is a broadly useful evolution of what already exists, but we need to be aware of the pitfalls of these processes – when working across district borders and with county, there are always things that could go wrong, and negotiations to get the best outcomes for Cheltenham and the whole county will be really important;

-       there is much that is positive in the paper: Liberals welcome devolution from Westminster to Gloucestershire, and it is to be hoped that this will be followed with resources to carry out the work.  In the past, devolution deals and  new bodies in our county have been used as a veil for cuts elsewhere, as with the Local Enterprise Partnerships when austerity was at its deepest .  We need to be aware of accountability and scrutiny;

-       we also need to be mindful of the risk that while powers are  being drawn down from Westminster they are also being drawn up from Cheltenham to Gloucestershire.  We already share sovereignty with other councils, such as with the Strategic and Local Plan where we are working positively with Tewkesbury and Gloucester, but with three more partners at district level and one at county level, we need to be aware of the potential for difficulties to arise and to think how Cheltenham voters will hold to account decision makers in this new county body. The Leader will speak for the people of Cheltenham, but we must always be aware that it is local residents who we listen to first.  In broad terms, if a Cheltenham  ...  view the full minutes text for item 5.

Report of the Cabinet Member for Customer and Regulatory Services, Councillor Martin Horwood

The Cabinet Member for Customer and Regulatory Services said Cheltenham and Gloucester have been waiting for years for improvements to M5 Junction 10, and this proposal will speed up the process.  There will be an examination, similar to major planning applications and appeals, largely in writing, but importantly as fast as possible.  The report notes the update of the process and delegates authority to the Director of Communities and Economic Development to take part on CBC’s behalf, with the power to respond and make representations on behalf of the council in a more streamlined approach.

The Cabinet Member for Housing thanked the Cabinet Member for Customer and Regulatory Services for the report, saying that improvements to Junction 10 were important for the planned housing development, and nothing should slow down the process.

The Cabinet Member for Finance and Assets welcomed anything which would streamline the process and make it as efficient as possible.  He agreed that Junction 10 improvements were much needed as housing applications were being held up and the road network was grinding to a halt, and welcomed the fact that the scheme will be as efficient as possible under the delegation scheme.

RESOLVED THAT: 

1.            the update on the M5 Junction 10 process is noted;

2.            authority is delegated to the Director Communities & Economic Development to:

a.            respond formally on behalf of Cheltenham Borough Council (as statutory consultee) through our appointed consultants AtkinsRealis to the DCO process in consultation with Cabinet Member Customer & Regulatory Services.

b.            make representations at the DCO hearings and meetings (either directly or through Cheltenham Borough Council designated officer or through our appointed consultants AtkinsRealis) concerning the M5 Junction 10 project in accordance with the Council’s responses (as statutory consultee) to the consultation.

Report of the Cabinet Member for Finance and Assets, Councillor Peter Jeffries

The Cabinet Member for Finance and Assets introduced the report, which set out the level of rent support as assessed and proposed for the Gardens Gallery in Montpellier. He said that supporting voluntary and community organisations through the council’s sizable property portfolio is always a pleasure, even sometimes, when the policy has been applied and the rent calculation assessed, organisations are not prepared for the level of rent, however small a contribution it might be.  In such cases, he always endeavours to meet with organisations to have a more in-depth conversation and gain an understanding of any specifics, as with this case.  At their request, there will be some changes which will enable the Gardens Gallery to be a little more commercial whilst still supporting new and unknown artists.

As these changes will take time to have a positive financial benefit for the Gardens Gallery, he said that he has, with Members’ support, applied the 10% discretionary element of the policy, as mentioned in the report.  He hoped that colleagues would be able to support the recommendations as laid out.

Members welcomed the report and the agreement, and made the following comments:

-       Cheltenham is lucky to have this fantastic gallery in the middle of a public space, supporting local art and artists, and giving them the opportunity to exhibit their work.  It is booked up for months, even years, in advance, which shows what a popular and successful formula it is. It is a credit to our many talented and dedicated local artists, and also owes much to volunteers;

-       the Gardens Gallery has become an institution, and it is good to note the improvements being made to the building to make it more environmentally friendly and sustainable.

RESOLVED THAT:

1.    a rent support grant of 74% of current market rent to the Gardens Gallery, Proscenium Building, Montpellier Gardens is agreed;

2.    authority is delegated to the Participation and Engagement Team Leader, in consultation with the Director: One Legal to agree the terms of a rent support grant agreement with the applicant. 

Report of the Cabinet Member for Finance and Assets, Councillor Peter Jeffries

The Cabinet Member for Finance and Assets introduced his report by saying that with the continuing housing crisis, this administration using the tools at its disposal to bring empty homes back into use, including our discretionary powers to levy council tax on long term empty properties. The current level of  premium and number of properties is set out in the report, and changes to the relevant acts of parliament mean that we can now charge the premium after a property has been empty for one year, instead of two.

He said that there is also a new power afforded to councils through these changes, allowing them to charge a premium for second homes, previously not an option due to a loophole in the legislation which classed a furnished long-term empty home as a second home, thus circumnavigating the empty homes premium.

Whilst accepting that the majority of Cheltenham’s current 963 properties classed as second homes are not long-term empty, the changes in the legislation are to be welcomed, and should encourage all owners of second homes to consider freeing them up. Taking this decision now means the council will be prepared and able to be proactive when the changes can take effect from April 2025.

He went on to explain that the full council tax charge applies to second homes. In the legislation, the charge is 50% and the council currently has the discretion to increase this to 100%, which it has been doing since 2004.  The 100% premium is on top of the full charge, so from April 2025, second  homeowners will be paying 200%.

-        100% premium means 2 x council tax  

-        200% premium means 3 x council tax

-        300% premium means 4 x council tax

He said the new exemptions from the premium with the usual full council tax will still be payable, but he was confident that the exemptions will mostly be time limited. There will be an exemption for properties undergoing probate and for a period after probate has been granted, and most likely be an exemption where the property is actively being marketed for sale or rent but hopefully this will be limited to three months. These new exemptions will apply to both the second homes and the empty homes premium. 

He reminded Members that there are already a number of existing council tax exemptions (such as student properties or where the resident has gone in to a care home) but these are completely separate and don’t apply to properties that are subject to a premium.  He ended by saying that empty homes and second homes do not positively contribute to community cohesion, and he hoped that Members would support the recommendations.

The Cabinet Member for Climate Emergency welcomed the freeing up of more properties, but wanted to be sure that anyone who had lost a family member whose property remained in probate for a long time would not be penalised by the second home strategy.  The Cabinet Member for Finance and  ...  view the full minutes text for item 8.

The Leader invited Members to provide briefings:

The Cabinet Member for Economic Development, Culture, Tourism and Well-being said that:

-       top of the list for good news is that Lansdown Art Studios – the council is going to help artists in the current building to secure a new and fit-for-the-future building.  This is an exemplar case study and good result for culture through planning, and credit is due to the planning team and developer for being open-minded;

-       he and Councillor Tooke recently visited the Pittville Pump Room and can report that work is going well;

-       thanks to St Philips and St James Church for their recent one-day event, From the Ground Up, which focussed on sustainability and what is being done to tackle the climate emergency;

-       he has spoken with Canada Life about the future of Cavendish House, and can confirm that positive plans are emerging.

The Cabinet Member for Finance and Assets said that he would normally have presented the budget papers at this meeting, but due to the late announcements on additional government funding, these would be presented at an additional meeting on 23 February.

The Cabinet Member for Safety and Communities highlighted the following:

-       the recent No Child Left Behind (NCLB) ceremony at the Town Hall was a unique and heart-warming event, with representatives from almost 100 organisations and businesses in Cheltenham, all aiming to help children to a good present and better future in a variety of fun and practical ways.  She thanked everyone concerned for giving their time so generously;

-       she also thanked officers who have worked so hard, and also the Leader and colleagues, saying said NCLB is now set to grow outside the borough, helping young people with future employment opportunities.  She hoped that by this time next year, she will be able to report on more growth and improvement, resources and opportunities.

The Cabinet Member for Customer and Regulatory Services reported that:

-       consultation on the Strategic and Local Plan (SLP) is currently underway, and although it is still early days, this is a really important part of the process:  the SLP will ultimately replace the Cheltenham Plan and the Joint Core Strategy, tackling climate change, protecting local green space, allocating housing sites, supporting local businesses, and shaping communities locally.  He encouraged everyone to engage with the process via the SLP website or by emailing [email protected];

-       congratulations to the public protection and neighbourhood teams for their recent work with a young tagger, for undertaking restorative justice and spending many hours painting over graffiti in Town Centre East car park.  This alternative to a punitive approach is more effective in the long run and provides a different perspective;

-       thanks to the teams for tackling a range of anti-social behaviour and also their work underway for Gold Cup Week, and to Louis Krog and Sam Robinson for all the work they do.

The Cabinet Member for Waste, Recycling and Street Services was happy to report the planting  ...  view the full minutes text for item 9.

There had been six Cabinet Member decisions since the last meeting:

      i.        Cabinet Member for Finance and Assets,

Replacement Fire Alarm Systems

    ii.        Cabinet Member for Finance and Assets,

Award of contract to carry out External Component Repair, Replacement & Improvement, Energy Efficiency (Decarbonisation) and Associated Works at council owned properties

This decision was subject to final Council ratification.

   iii.        Cabinet Member for Finance and Assets,

Council Tax Support Scheme for working-age customers

   iv.        Leader

Appointment of interim Chief Executive of Cheltenham Borough Homes

The Leader explained that this was a temporary measure to 23 February.

    v.        Cabinet Member for Finance and Assets

Award of contract to carry out External Component Repair, Replacement & Improvement, Energy Efficiency (Decarbonisation) and Associated Works at council owned properties

   vi.        Cabinet Member for Housing

Approve the appointment of BDP consultants in respect of the potential development at the former Monkscroft Primary School site

The Cabinet Member gave huge thanks to officers for their brilliant work on the procurement exercise and thorough report.