Cheltenham Borough Council
Cheltenham Borough Council

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Agenda, decisions and minutes

Venue: Pittville Room - Municipal Offices. View directions

Contact: Bev Thomas, Democratic Services Team Leader 

Items
No. Item

1.

Apologies

Minutes:

Apologies were received from Councillor Clucas and Hegenbarth.

2.

Declarations of interest

Minutes:

There were none.

3.

Minutes of the last meeting pdf icon PDF 101 KB

Minutes of the meeting held on 14 May 2019

Minutes:

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

4.

Public and Member Questions and Petitions pdf icon PDF 87 KB

These must be received no later than 12 noon on Wednesday 5 June 2019.

 

Minutes:

1.

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

 

Given that ward boundaries are defined predominantly for purposes of managing elections, and in some cases, like the Lower High Street, a single community can be in more than one ward; could the Cabinet Member please explain the why the St Paul’s ward boundary was chosen as the boundary for the proposed Article 4 direction on HMOs, rather than a more fine-grained approach that could have considered individual streets, collections of streets, or communities?

 

Response from Cabinet Member

 

A detailed programme of inspections was undertaken at ward level, based on the known high concentration of HMO’s within the St Paul’s area, as identified from previous private sector stock condition surveys. A more fine-grained approach was not put forward as a suggested approach at that time, but the methodology employed was intended as a pilot exercise which could be repeated in other areas if necessary. All Saints is the second area now being inspected to determine whether there is sufficient evidence for an Article 4 direction in that ward, with 38 properties still to be inspected. St Peter’s is the next target area for inspection following the All Saints ward work.

In a supplementary question, Councillor Willingham explained that in some areas of St Peter’s they were affected by a proliferation of HMOs and whilst he recognised the limited resources that the council had he questioned the timescale for inspecting St Peter’s in order to determine whether there was sufficient evidence for an Article 4 direction.

In response, the Cabinet Member acknowledged that there was also a problem in St Peter’s particularly in the Lower High Street. He highlighted that due to government regulations in order to implement an Article 4 Direction they need evidence to justify its implementation. He advised that HMOs had been an issue in St Paul’s for many years, they were now inspecting All Saints and once this had been completed they would be looking at St Peter’s. He highlighted that this was an ongoing process and was unable to give an exact time scale as it was dependent on resources, however estimated that this would be in around 12 months time.

2.

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

 

Given that the issues associated with the unregulated proliferation of HMOs are likely to equally affect both the south side of the Lower High Street, which is in St Peter’s ward, just outside the proposed area for Article 4 direction, and the north side of the Lower High Street which is in St Paul’s ward, just inside the proposed area for Article 4 direction; as part of the proposed statutory consultation would the Cabinet Member ask officers to perform minor amendments to the boundaries so that whole communities are protected, rather than just part of a community based upon an arbitrary line on a map?

 

 

Response from Cabinet Member

 

The boundary of the proposed  ...  view the full minutes text for item 4.

5.

Improvements to the Household Recycling Centre and changes to bring bank sites pdf icon PDF 159 KB

Report of the Cabinet Member Clean and Green Environment

Additional documents:

Minutes:

The Cabinet Member Clean and Green Environment introduced the report, he advised that the enhanced kerbside recycling provisions introduced in 2017 had increased the amount of recycling in 2018/19 by an extra 1641 tonnes. He informed the committee that a weekly kerbside recycling service was being investigated and stressed that this did not mean they would be moving to a three weekly residual waste collection.

He explained that they had had a huge response to the previous public consultations which had demonstrated the clear enthusiasm for the household recycling centre, residents had both commented on the quality of the service but also made suggestions for improvements. He was proud of the service they provided at the HRC but acknowledged resident's concerns regarding improvements that could be made. He noted that the Gloucestershire County Councils household recycling centres had reduced their opening hours which had had an impact on the HRC.

 He explained that the council had set out clear priorities to improve the clean and green environment, which had been supported by the motion they had recently passed at Council to declare a climate change emergency. He confirmed that they intended to carry out a complete review of the household recycling centre in order to optimise and expand the re-use and recycling opportunities which could be delivered from the existing site. They had learnt from the consultation that whilst residents were happy with the service, there was clear enthusiasm to expand the recycling facilities. He explained that this work included a review of whether the continued collection of residual and garden waste supported the Council’s priorities. He highlighted that there were environmental and financial considerations as transporting garden waste across town to the HRC was not environmentally friendly, similarly,  removal of the garden waste and residual waste skips could allow the site to focus on recycling, re-use and waste reduction. However, they would be reviewing this subject to further consultation.

He explained that they were also reviewing the retention of the residual waste skip as at present, everything residents deposited in to the skip either went to landfill or the incinerator. However, inspections had indicated that a significant amount of this could have been recycled. They were therefore considering whether this should be retained, or they should consider alternatives in order to maximise recycling opportunities that would otherwise be there. In addition, they were also proposing general improvements to the HRC in order to optimise the site layout, provide better signage, enhance internal safety barriers and fencing and replace existing bring banks within existing budgets. He advised that the site would be shut down for a maximum of 2 days to enable these improvements.

He reiterated that they had not made a decision on whether to remove the residual and garden waste at the HRC but wanted to go out to further consultation to gauge resident’s opinions. They were also proposing to review and increase the range of recycling materials accepted at the household recycling centre for both re-use and  ...  view the full minutes text for item 5.

6.

Bulky Collections Service and Charging pdf icon PDF 94 KB

Report of the Cabinet Member Clean and Green Environment

Minutes:

The Cabinet Member Clean and Green Environment introduced the report; he noted that the bulky waste collection was a well-regarded service. The report proposed an increase in charges for 2019/20 to bring the price charged for this service closer to the cost of delivering it. They were proposing an increase in the bulky waste collection charge from £17.50 per unit to £19.50 per and an increase in the bulky waste collection charge from £25.50 for a 5 seat three piece suite to £29.25 with effect from 1 July 2019.

 

He advised that they would continue to review the cost for low income households and if they were to remove the garden waste at the HRC they would explore the option of introducing the collection of large trees/fence panels. They were also continuing to work on how to promote the service more widely to residents. 

 

The Leader endorsed the recommendations within the report and agreed that the services such as the garden bag collection scheme should be more widely promoted.

 

RESOLVED THAT

 

1.   An increase in the bulky waste collection charge from £17.50 per unit to £19.50 per unit with effect from 1 July 2019 be approved;

 

2.   An increase in the bulky waste collection charge from £25.50 for a 5 seat three piece suite, calculated at 1.5 units, to £29.25 for a 5 seat three piece suite with effect from 1 July 2019 be approved.

 

 

7.

Implementing an Article 4(1) direction for the St. Paul's ward pdf icon PDF 2 MB

Report of the Cabinet Member Development and Safety

Minutes:

The Cabinet Member Development and Safety introduced the report. He explained that until October 2010 planning permission was required for the change of use of a building including a dwelling-house to a HMO. However, the Town and Country Planning Act (General Permitted Development) Order 2015 permits the conversion of existing homes into HMOs without planning permission and so the council has no control over the number of multiple occupancy homes. Therefore, in order to control the creation of new HMOs in St. Paul’s Ward, they were proposing to implement an Article 4 direction.

He highlighted that this was an issue in certain areas of the town, particularly in St Paul’s ward and they had a lot of historical data to support this. He advised that 12% of all homes in St. Paul’s were HMOs which equates to 1 in 8. He highlighted that these were historically student homes which causes serious disruption to the structure and social environment of an area as there is a high density of people during term times and then the areas are vacant at other times of the year.  It also causes issues with increased car usage, refuse collections and schooling problems. He explained that they had to justify the introduction of controls against HMOs by providing sufficient evidence of the problem. St Paul’s was subject to an Article 4 Direction because of the detrimental impact on both the environment and social structure.

He reiterated that just because they were enacting an Article 4 direction it did not mean there was a blanket ban on HMOs but meant that a developer would have to apply to the council for planning permission and it was for them to determine if it was appropriate. He confirmed that they were proposing to give 12 months’ prior notice of removing the C3 to C4 permitted development right through an Article 4(1) Direction as an immediate Article 4 direction, could allow site owners intending to make use of the existing permitted development rights to claim back compensation from the council. They were also proposing that Cabinet receive a report within 6 months seeking to ‘confirm’ the Article 4(1) Direction, subject to public consultation responses as whilst they did not anticipate the public opposing the recommendations it would allow those residents who live outside of the designated area to come forward and advocate that additional areas should also be given similar designation. He advised that work in All Saints and St Peter’s was ongoing to address similar problems.

The Leader highlighted that All Saints and a number of other areas also experienced similar issues and that St Paul’s was effectively a pilot before similar controls could be implemented in other areas. He stressed the importance of measuring the implications elsewhere and seeing whether any further action was required in other areas of the town, particularly in neighbouring wards.

 

RESOLVED THAT

 

1.      The giving of 12 months’ prior notice of removing the C3 to C4 permitted development right through an Article 4(1)  ...  view the full minutes text for item 7.

8.

Briefing from Cabinet Members

Minutes:

There were none.

9.

Cabinet Member Decisions taken since the last meeting of Cabinet

Minutes:

Cabinet Member

Decision

Link

Leader

To authorise the Head of Property Services or in his absence the Executive Director - Finance & Assets to take decisions (including key decisions) to purchase dwellings

https://democracy.cheltenham.gov.uk/ieDecisionDetails.aspx?ID=1221

Leader

The Council to enter into a Grant Funding Agreement with Homes England

https://democracy.cheltenham.gov.uk/ieDecisionDetails.aspx?ID=1223

Cabinet Member Development and Safety

Approve the draft revised street trading policy document for formal consultation

https://democracy.cheltenham.gov.uk/ieDecisionDetails.aspx?ID=1222

Cabinet Member Development and Safety

To sign on behalf of CBC the A46 Partnership Statement of Commitment

https://democracy.cheltenham.gov.uk/ieDecisionDetails.aspx?ID=1227

 

10.

SECTION 9 : LOCAL GOVERNMENT ACT 1972 - EXEMPT BUSINESS

11.

Local Government Act 1972 - Exempt Business

The Cabinet 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 paragraph 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)

 

Minutes:

RESOLVED 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 paragraph 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)

 

 

12.

Exempt Minutes

Exempt Minutes of the meeting held on 14th May 2019.

Minutes:

The exempt minutes of the meeting held on 14th May 2019 were approved and signed as a correct record.