Agenda and draft minutes
Venue: Council Chamber, Council Offices, Woodgreen, Witney, Oxfordshire OX28 1NB. View directions
Contact: Democratic Services
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Apologies for Absence To receive any apologies for absence. The quorum for full Council is 13 Members. Minutes: Apologies for absence were received from Councillors Michael Brooker, David Cooper, Natalie King, Charlie Maynard, and Martin McBride.
Councillor Michele Mead left the meeting at the end of item 13.
Councillor Julian Cooper left the meeting at the end of item 13.
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Declarations of Interest To receive any declarations from Members of Council on any items to be considered at the meeting Minutes: There were no declarations of interest made by members of the Council.
The Chair advised that in relation to Item 16 on the agenda, there was an exempt report relating to the salaries and terms and conditions of the Council’s Chief Officers. Those Officers would leave the room for the duration of that item.
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Minutes of Previous Meeting To approve the minutes of the meeting held on 25 September 2024. Additional documents: Minutes: The Chair requested a minor amendment relating to the Chair’s Reception held at Woodgreen. Councillor Andy Graham, Leader of the Council, proposed that the minutes of the previous meeting of Council, held on Wednesday 25 September 2024, be agreed by Council as a true and accurate record and signed by the Chair of the Council subject to the minor amendment. This was seconded by Councillor Duncan Enright and was put to a vote. There were 42 votes for, 0 votes against and 2 abstentions. The vote was carried. Council resolved to: 1. Agree the minutes of the previous meeting, held on Wednesday 25 September 2024 as a true and accurate record. |
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Receipt of Announcements To receive any announcements from the Chair, Leader, Members of the Executive or the Chief Executive. Minutes: Councillor Elizabeth Poskitt, the Chair of the Council, welcomed Members and Officers to the meeting. The Chair gave an update of their engagements since the last meeting of Council in September 2024 and also announced the following upcoming events:
Councillor Andy Graham, the Leader announced the following:
Councillor Duncan Enright, the Deputy Leader, announced the following:
Councillor Andrew Prosser thanked staff for dealing with floods and Councillor Booker and colleagues within the fire department. He said that Miller’s Mews had also flooded but was grateful for the support received. There would be a route map published soon. Councillor Geoff Saul – There were two bids on behalf of the Community Partnership that had been successful. Monday would see the start of 16 days of activism ... view the full minutes text for item CL.197 |
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Participation of the Public A member of the public, who is a registered elector in the District, may ask questions of the Chair of Council, any Member of the Executive or the Chair of any Committee, on any matter in relation to which the Council has powers or duties or which affects the District.
A member of the public is limited to asking one such question at any meeting of the Council, other than Annual Council. No more than one question can be asked on behalf of any organisation or body at any Council meeting.
Notice that the question is to be asked, together with a written copy of the question, must be provided to the Director of Governance, via email to [email protected], and is to be received no later than noon on the seventh working day before the day of the meeting.
The deadline for submissions for public participation to be received by Democratic Services was 12.00pm on Monday 18 November 2024.
No questions from the public will be allowed where the requisite notice has not been given. Minutes: There was no public participation at the meeting. |
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Questions by Members The following questions have been submitted by Members of Council to Members of the Executive, in accordance with the Council Procedure Rules (Constitution Part 5A, Rule 12).
Written responses will be circulated to Members and published on the Council’s website at least one working day prior to the meeting. A Member submitting a question is entitled to ask one supplementary question at the meeting which must arise directly from the question or the response to it.
The supplementary questions and answers will be detailed in the minutes of the meeting.
Question 1: Councillor Michele Mead to Councillor Andy Graham, Leader of the Council How many bookings have you received to hire the Chamber?
Question 2: Councillor Michele Mead to Councillor Duncan Enright, Deputy Leader and Executive Member for Economic Development As yet another shop closes in Marriots walk please can we have a update on what the Executive are doing to fill these empty units?
Question 3: Councillor Ruth Smith to Councillor Rachel Crouch, Executive Member for Stronger Healthy Communities What are the latest developments in the Council's work towards becoming a Local Authority of Sanctuary and what are the Council's next steps on this?
Question 4: Councillor Alex Wilson to Councillor Andy Graham, Leader of the Council Please could you confirm when a mental health champion will be in position?
Question 5: Councillor Jane Doughty to Councillor Geoff Saul, Executive Member for Housing and Social Care How many homeless people is the Council aware of in West Oxfordshire and more specifically Witney?
Question 6: Councillor Jane Doughty to Councillor Geoff Saul, Executive Member for Housing and Social Care Following on from that when was the last time the Council’s Housing Policy in relation to homeless people was reviewed and how frequently is this done?
Question 7: Councillor Thomas Ashby to Councillor Lidia Arciszewska, Executive Member for Environment Given that West Oxfordshire District Council is recording a deficit in regard to Green Waste, will the Executive Member consider reducing the Green Waste Fee from the current £50 ahead of the 25/26 budget?
Question 8: Councillor Thomas Ashby to Councillor Lidia Arciszewska, Executive Member for Environment There have been a number of complaints regarding trees. There have been many claims of subsidence over the past few years within my ward, therefore there is a real need for the Tree Management Policy to be reviewed urgently.
Not only are there cases of subsidence, but many elderly residents are unable to afford Tree Surgeons to maintain Council owned shrubs, bushes and trees that are affecting their homes. Please can the Executive Member start the review on the Tree Management Policy in January 2025, as this is a Policy which is now out of date.
Question 9: Councillor Thomas Ashby to Councillor Lidia Arciszewska, Executive Member for Environment How many fly-tipping incidents have been reported? How many that have been reported have had action taken against them?
Please can the Executive Member review the Policy to ensure that all housing estates ... view the full agenda text for item CL.199 Additional documents: Minutes: Questions by Members, as listed on the agenda, and the responses to those questions, which were circulated in advance, were taken as read.
The Chair invited the questioners to ask a supplementary question if they wished and then invited the relevant Executive Members to respond.
The Written Questions, Written Answers, Verbal Supplementary Questions and Verbal Supplementary Answers are detailed in a separate document appended to the Minutes of the Meeting.
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Recommendations from the Executive Purpose:
Recommendation:
i) Premium of 100% for dwellings which are unoccupied and substantially unfurnished (Empty Homes Premium) after 1 year up to 5 years of becoming empty; ii) Premium of 200% for dwellings which are unoccupied and substantially unfurnished (Empty Homes Premium) between 5 years and 10 years; iii) Premium of 300% for dwellings which are unoccupied and substantially unfurnished (Empty Homes Premium) for 10 years or more;
Additional documents: Minutes: Councillor Andy Graham, The Leader of the Council, referred to Councillor Smith, Executive Member for Finance, to present the recommendation. Councillor Smith explained that the recommendation was to introduce 100% Council Tax premiums on second homes from 1 April 2025 to levy the maximum level of premium for Empty Homes as set out in the Levelling Up and Regeneration Act 2023 with graduated premiums for long term empty properties up to a 300% premium for properties empty for 10 years or more. This would incentivise owners to bring properties in to use and would also be a revenue stream to help to provide for local services. In response to a question it was clarified that legislation determined the charge on substantially unfurnished properties and advice needed to be taken on what the maximum charge for the levy was under legislation.Councillor Andy Graham proposed that Council approve the recommendations 1-4. This was seconded by Councillor Alaric Smith was put to a vote, and was there were 42 votes for, 1 against and 1 abstention. The vote was carried. Council Resolved to: 1. Agree from 01 April 2025 to levy the maximum level of premium for Empty Homes as set out in the Levelling Up and Regeneration Act 2023: i. Premium of 100% for dwellings which are unoccupied and substantially unfurnished (Empty Homes Premium) after 1 year up to 5 years of becoming empty; ii. Premium of 200% for dwellings which are unoccupied and substantially unfurnished (Empty Homes Premium) between 5 years and 10 years; iii. Premium of 300% for dwellings which are unoccupied and substantially unfurnished (Empty Homes Premium) for 10 years or more. 2. Agree from 1 April 2025 to the implementation of a premium (Second Homes Premium) of 100% for dwellings that are no one’s sole or main residence and which are substantially furnished. 3. Note that where premiums are to be applied, the Council is mindful of theoutcome of the government consultation which recommends exceptions in certain circumstances outlined within the report may be amended, and as such guidance may change. 4. Agree that any amendments to the guidance which may change the criteria for Premiums be delegated to the Chief Finance Officer in consultation with the Executive Member for Finance. |
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Gambling Act 2005 Statement of Principles (Policy) Review 2024 Purpose: The report details the proposed revisions to the Council’s Statement of Principles (Gambling Act 2005), based on legislative requirements, statutory guidance and any amendments following public consultation.
Recommendation: The Licensing Committee on 19 November 2024 agreed to recommend to Council to:
Additional documents: Minutes: Cllr David Jackson, Vice-Chair of the Licensing Committee, introduced the report that detailed the proposed revisions to the Council’s Statement of Principles (Gambling Act 2005), based on legislative requirements, statutory guidance and any amendments following public consultation.
Section 349 of the Gambling Act 2005 (the “Act”) required the licensing authorities before each successive period of three years to: a) Prepare a statement of the principles that they propose to apply in exercising their functions under this Act during that period, and;
b) Publish the statement.
The next “successive period” would start on 31 January 2025. However, the Statement needed to be adopted by 31 December 2024 as it must be published at least 4 weeks before the date on which it comes into effect on the authority’s website and also be available for inspection by the public.
Before determining its Policy, the Authority was required to consult with the police, persons who represent the interests of gambling businesses and those who represent the interests of persons who were likely to be affected by gambling businesses.
It was to be noted that there were no responses from consultees. The benefit of making a ‘no casino’ resolution meant that any applications for a casino in the West Oxfordshire District area would be determined by Full Council. If a ‘no casino’ resolution was not renewed, then if the operator had the necessary planning permission, it was likely that the application for a casino would automatically be granted. Councillor David Jackson proposed that Council approve the recommendations. This was seconded by Councillor Mark Walker, was put to a vote, and agreed unanimously. Council resolved to: 1. Approve the Statement of Principles; and, Agree that the Council continues to adopt a “no-casino resolution” for inclusions in the published Gambling Act 2005 Licensing Policy Statement
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Review of standards arrangements Purpose: To consider the Council’s Member Code of Conduct Complaint Handling Arrangements and the Standards Sub-Committee Procedure Rules following a review by officers.
Recommendation: The Audit and Governance Committee on 26 September 2024 agreed to recommend that Council resolves to:
Additional documents:
Minutes: Councillor Carl Rylett, the Chair of the Audit Committee introduced the report, which considered the Council’s Member Code of Conduct Complaint Handling Arrangements and the Standards Sub-Committee Procedure Rules following a review by Officers and the Council’s Independent Persons. There were a number of learnings taken from a complaint that progressed to the local hearing stage, which was the first hearing held since the incumbent Director of Governance joined the Council. The Council’s complaint handling arrangements and the Standards Sub-Committee Procedure Rules were considered to have generally worked well but could be strengthened in certain respects, in particular around complaints brought by third parties. Officers, following receipt of external legal advice and in conjunction with three Independent Persons, had reviewed the documents and presented amended versions showing changes which were attached at Annex A and B respectively. The main substantive changes were listed in the cover report. Councillors queried the report and were provided with the following answers:
Councillor Carl Rylett proposed that Council approve the recommendations. This was seconded by Councillor Ruth Smith was put to a vote, and it was agreed unanimously. Council resolved to:
following a review undertaken by officers and the three Independent Persons
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Review of political proportionalities Purpose: To review the political proportionalities on committees following receipt of a notice that a member has joined a group.
Recommendation: That Council resolves to:
Additional documents: Minutes: Councillor Andy Graham, the Leader of the Council introduced the review of the political proportionalities on committees following receipt of a notice that a Member had joined a political group.
On Friday 15 November 2024 a notice was received by the Proper Officer confirming that Councillor Michael Baggaley had joined the Liberal Democrat Group on the Council and that a review of the political proportionalities on committees was requested. Councillor Baggaley was elected at the Chipping Norton by-election held on 14 November 2024. Annex A showed the proportionalities on committees with changes since the previous review of political proportionalities, at the 22 May 2024 Annual Meeting of Council given in brackets. The Liberal Democrat Group had gained one seat on the Development Control Committee and one seat on the Overview and Scrutiny Committee, both from the Labour Group. The Labour Group had a vacant seat on the Overview and Scrutiny Committee and had been asked to confirm which Member would come off the Development Control Committee. Where there were changes to be made to the membership of committees, the relevant group leaders were asked to announce the nominated Members at the meeting alternatively notify the Monitoring Officer for appointment under delegated authority. If required, the Monitoring Officer would use their delegated authority to appoint to vacancies on committees in accordance with the wishes of political groups (Constitution Part 5A, rule Such appointments would be reported to the next meeting of Council for noting and ratification.
Councillor Andy Graham proposed that Council approve the recommendations. This was seconded by Councillor Duncan Enright, was put to a vote, and agreed unanimously. Council resolved to: 1. Agree the political proportionalities as set out in Annex A. 2. Appoint Councillor Mike Baggaley to sit on the Overview &Scrutiny Committee and the Development Control Committee. |
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Council Size Proposal (Phase 1 of the Electoral Review of West Oxfordshire District) Purpose: To consider the submission of a Council Size Proposal to the Local Government Boundary Commission for England as part of the electoral review of West Oxfordshire, and any associated change to the electoral cycle for the district council and town and parish councils within the West Oxfordshire district area.
Recommendation: That Council resolves to:
Additional documents:
Minutes: Councillor Alaric Smith, as Chair of the Constitution Working Group, introduced the report that considered the submission of a Council Size Proposal to the Local Government Boundary Commission for England as part of the electoral review of West Oxfordshire, and any associated change to the electoral cycle for the District Council and Town and Parish Councils within the West Oxfordshire district area.
The Chair of the Constitution Working Group explained the following points;
· A review was now taking place and the outcomes would take effect from the local elections in 2027. · The aim was to address electoral inequalities whereby some wards contain too many or too few electors per councillor, as a result of new developments and population movements over time. · Phase 1 of the review was to consider the appropriate number of Councillors on the District Council. · The Draft Council Size Proposal at Annex A had been overseen by the cross-party Constitution Working Group and sought an unchanged size of 49 Councillors. · Having considered the issues and the results of the Member survey, the Working Group believed that 49 was the right number of Councillors for West Oxfordshire to ensure that the governance arrangements of the Council could continue to function and that communities across the District could be represented effectively. The size of 49 was supported by the vast majority of Members who completed the survey (and thanks was given to those of you who did so). · The size of the Council would ultimately be a decision for the Local Government Boundary Commission for England. The Council didn’t have to submit a Council Size Proposal but the Working Group believed that it was in the Council’s interests to do so to inform the Commission’s decision. · The Council also needed to consider whether it was wished to retain a mix of 1, 2 and 3 Member wards. If so, the Council would need to hold whole-Council elections every 4 years from 2027. · Any decision to change the electoral cycle could only be taken at a specially convened full Council meeting with a 2/3 majority in favour. This was the Working Group’s recommended option. · If it were to be decided to move to whole-Council elections then the Council would have the power to harmonise town and parish council elections with its own electoral cycle, should it wish to do so. · The alternative was to retain elections by thirds. This would require the Council to have a uniform pattern of 3-Member wards across the whole district. This would result in some extremely large 3-Member wards which would be challenging to represent effectively. The size of the Council would also need to be divisible by 3 (i.e. 48 or 51 Members but not 49). · Phase 2 of the review would involve consultation on ward boundaries once the Council size had been determined, and this phase would follow the County Council elections in May 2025.
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Polling District and Places Review Purpose: To update Members on the review of the Parliamentary Polling Districts and Polling Places within West Oxfordshire, following the public consultation which was in place from 24 September to 4 November 2024.
Recommendation: That Council resolves to: 1. Note the consultation feedback as set out in Annex A. 2. Approve the recommended changes to polling districts and polling places as set out in Annex A. 3. Approve the full schedule of polling districts and polling places set out in Annex B. 4. Note that the Council will undertake a further review of polling districts and polling places following the Local Government Boundary Commission for England’s electoral review of West Oxfordshire District Council. Additional documents:
Minutes: Councillor Andy Graham, the Leader of the Council, introduced the report that updated Members on the review of the Parliamentary Polling Districts and Polling Places within West Oxfordshire, following the public consultation which was in place from 24 September to 4 November 2024. A review of parliamentary polling districts and polling places within the West Oxfordshire District Council area had been undertaken. The process had involved inviting representations from such persons thought to have particular expertise in relation to access to premises or facilities for persons with varying disabilities. Representations were also sought from political parties within the district, the various political groups on the Council and from Town & Parish Councils and Parish Meetings. The representations had been considered by the Constitution Working Group which had endorsed the recommended changes arising from the review which are set out in Annex A and summarised in section 3 of the report. It was explained that the new County Council division changes resulted in 3 new polling districts within Witney. Members wished to thank the Electoral Services Manager and her team and the following points by Members were to be noted:
Councillor Andy Graham proposed that Council approve the recommendations.
This was seconded by Councillor Alaric Smith, was put to a vote, and there were 43 votes in favour and 1 abstention. The vote was carried.
Council resolved to: 1. Note the consultation feedback as set out in Annex A. 2. Approve the recommended changes to polling districts and polling places as set out in Annex A. 3. Approve the full schedule of polling districts and polling places set out in Annex B. 4. Note that the Council will undertake a further review of polling districts and polling places following the Local Government Boundary Commission for England’s electoral review of West Oxfordshire District Council. |
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Results of Member Survey on Meeting Start Times Purpose: To report to Council the results of the Member Survey on Council start times which Council agreed to undertake following a trial of a 4.00pm start time for the 25 September full Council meeting.
Recommendation: That Council resolves to:
Additional documents:
Minutes: Councillor Andy Graham, the Leader of the Council, introduced the report that presented the results of the Member Survey on Council start times which Council agreed to undertake following a trial of a 4.00pm start time for the 25 September full Council meeting.
Full Council meetings presently started at 2.00pm.
The results of the survey were set out in Annex A and Annex B. Of the 31 Members who responded, 13 (42%) favoured retaining a 2.00pm start time, 12 (39%) favoured moving to 4.00pm and 6 (19%) were unsure.
Councillor Andy Graham proposed that Council approve the recommendation to note the report. This was seconded by Councillor Duncan Enright.
Councillor Thomas Ashby proposed that Council change the start time of meetings to 4.00pm. This proposal was seconded by Councillor Liam Walker. The proposal was put to a vote, and there were 19 votes in favour, 20 votes against and 5 abstentions. The vote was not carried.
Council resolved to: 1. Note the report. |
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Motion A: Suicide Prevention (Proposer: Cllr Alex Wilson, Cllr Michele Mead) We as a Council can and should be calling for further support for those who struggle with their mental health and the thoughts that may come from this. The motion below is a further step forward in the correct direction in supporting the many people who struggle and to assist our officers and Mental Health Champion, once chosen, to increase the support available. Council resolves to: 1. Join the Zero Suicide Alliance network. 2. Promote existing safeguarding and suicide prevention training and resources to all council workers and signpost to the council’s wellbeing pages and Mental Health First Aiders. 3. Include appropriate signposting to suicide prevention and/or mental health support in cost-of-living material, on the online community hub, and in arrears letters. 4. For the Council Leader to write to local MPs informing them of the situation and calling for them to lobby for the increased awareness and for an increase in support of the national suicide prevention strategy put forward under the Conservative Government in September 2023. Minutes: Councillor Alex Wilson introduced the motion that was set out as follows: We as a Council could and should be calling for further support for those who struggle with their mental health and the thoughts that may come from this. The motion was a further step forward in the correct direction in supporting the many people who struggle and to assist our officers and Mental Health Champion, once chosen, to increase the support available.
Councillor Alex Wilson proposed the motion and Councillor Liam Walker seconded the motion.
Councillor Steve Cosier explained that he felt there was moral case for supporting mental health and early help. Preservation and support of strategy goes beyond party politics. He wanted positive advocates for mental health and proposed an amendment. Councillor Stuart McCarroll seconded the amendment as he felt it would improve the motion.
Councillor Wilson accepted the amendment and Members thanked Councillor Wilson for his motion and his work around it. A Member suggested writing to the MP Layla Moran.
The motion was put to a vote, and it was agreed unanimously. The Council resolved to: 1. Join the Zero Suicide Alliance network. 2. Promote existing safeguarding and suicide prevention training and resources to all council workers and signpost to the council’s wellbeing pages and Mental Health First Aiders. 3. Include appropriate signposting to suicide prevention and/or mental health support in cost-of-living material, on the online community hub, and in arrears letters. 4. For the Council Leader to write to local MPs informing them of the situation and calling for them to lobby for the increased awareness and for an increase in support of the national suicide prevention strategy put forward under the Conservative Government in September 2023 5. Positive advocates to be provided for mental health.
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Matters exempt from publication If Council wishes to exclude the press and public from the meeting during its consideration of the item on the exempt from publication part of the agenda, it will be necessary for Council to pass a resolution in accordance with the provisions of Section 100A(4) of the Local Government Act 1972 specifying the grounds on which their presence could involve the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Schedule 12A of the Act.
Council may maintain the exemption if and so long as, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Minutes: The press and public were excluded from the meeting during its consideration of item 16. A resolution was passed in accordance with the provisions of Section 100A(4) of the Local Government Act 1972 specifying the grounds on which their presence could involve the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Schedule 12A of the Act. |
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Salaries and Terms and Conditions of Chief Officers Purpose: Following formal Job Evaluation under the LGA Senior Management Evaluation Scheme (undertaken by South West Councils), to consider the salary for the Chief Executive Officer, Director of Finance and Director of Governance and Regulatory Services, to ensure that additional duties and Line Management responsibilities are reflected in salary and that salaries are consistent with that of the newly recruited Director of Place.
Initial agreement has been sought from the Leader and a recommendation was passed by Performance and Appointments Committee (13.11.24).
In addition, as per the WODC Constitution to move the Chief Executive. and Directors to the terms and conditions of Joint National Committee (JNC), from National Joint Council (NJC) which was also recommended to Council by the Performance and Appointments Committee (13.11.24).
Recommendation: The Performance and Appointments Committee on 13 November 2024 agreed to recommend that Council resolves to: 1. Approve the appropriate salary for the post of Chief Executive Officer, Director of Finance, and Director of Governance effective from 1 November 2024 and the movement to Joint National Committee (JNC) Terms and Conditions. Minutes: The purpose of the item was to consider the salary for the Chief Executive Officer, Director of Finance and Director of Governance and Regulatory Services, to ensure that additional duties and Line Management responsibilities are reflected in salary and that salaries are consistent with that of the newly recruited Director of Place.
Initial agreement had been sought from the Leader and a recommendation was passed by Performance and Appointments Committee (13.11.24). In addition, as per the WODC Constitution to move the Chief Executive. and Directors to the terms and conditions of Joint National Committee (JNC), from National Joint Council (NJC) which was also recommended to Council by the Performance and Appointments Committee (13.11.24).
The Members discussed the item, it was put to a vote and the recommendations were agreed.
The Council resolved to: 1. Approve the appropriate salary for the post of Chief Executive Officer, Director of Finance, and Director of Governance effective from 1 November 2024 and the movement to Joint National Committee (JNC) Terms and Conditions. |