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Agenda and minutes

Venue: Boutflour Hall, Royal Agricultural University, Cirencester

Contact: Democratic Services 


No. Item



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Announcements from the Chair, Leader or Chief Executive (if any)

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The Leader, Councillor Harris, advised that he had been elected as Vice-Chair of the Local Government Association.


Councillor Harris provided an update on the current situation regarding the Boundary Commission Review.  He advised that Cotswold District Council would be included within a report in August.


The Chief Executive expressed his congratulations to Councillor Harris on his recent appointment as Vice Chair of the Local Government Association (LGA). The Chief Executive also noted the strength of partnership that the LGA has with Councillors and applauded the support received.


Declarations of Interest

To receive any declarations of interest from Members and Officers, relating to

items to be considered at the meeting.

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Minutes pdf icon PDF 191 KB

To confirm the minutes of the meetings of Council held on 17 March 2021 and 26 May 2021.


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The minutes of the meeting held on 17 March 2021 were taken as read and signed by the Chair as a correct record.


The minutes of the meeting held on 26 May 2021 were agreed subject to the following amendments:


The attendance list be updated to include Councillors Annett and Mark Harris; and

The wording on page 26 of the minutes be amended to include ‘then there was a risk that’ in the last line to avoid any confusion over the decision of the last Annual General Meeting.



Public Questions

To deal with questions from the public within the open forum question and answer session of fifteen minutes in total. Questions from each member of the public should be no longer than two minutes each and relate to issues under the Council’s or Committee’s remit. Any member of the public wishing to ask a public question is requested to contact Democratic Services by no later than 5.00pm the working day before the meeting.

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A record of public questions and answers are available in the schedule attached to these minutes. Questions were asked by David Fowles, Colin Pearce and Tetbury Town Council to Councillor Joe Harris, Leader of the Council.


Member Questions

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A record of Member questions and answers are available in the schedule attached to these minutes unless noted below. Questions were asked by:


Councillor Tony Berry to Councillor Joe Harris, Leader of the Council.


Councillor Tony Berry to Councillor Andrew Doherty, Cabinet Member for the Environment, Waste and Recycling.


(Following the meeting, officers advised that the report referred to in the written answer, would now be submitted to the Cabinet meeting in November.)


Councillor Richard Morgan to Councillor Lisa Spivey, Cabinet Member for Housing and Homelessness.


Councillor Ray Theodoulou to Councillor Joe Harris, Leader of the Council.


Councillor Julia Judd to Councillor Joe Harris, Leader of the Council.


(Following the meeting, officers advised that the report referred to in the written answer, would now be submitted to the Cabinet meeting in November.)


Councillor Richard Norris to Councillor Andrew Doherty, Cabinet Member for the Environment, Waste and Recycling.


Councillor Stephen Andrews to Councillor Dilys Neill, Chair of the Council.

Councillor David Cunningham to Councillor Andrew Doherty, Cabinet Member for the Environment, Waste and Recycling.  Councillor Doherty provided a verbal update at the meeting and advised that he could not provide assurances that there would be sufficient funds available to deliver a project by the winter, however, Gloucestershire County Council were leading on this and discussions were ongoing with CDC officers and GCC officers as to how to address the funding gap, whilst liaising with the landowner to enable the work to move forwards.


Councillor Stephen Andrews to Councillor Andrew Doherty, Cabinet Member for the Environment, Waste and Recycling.  Councillor Doherty provided a verbal update at the meeting and explained that the consultation responses had been received and could be shared with Members.  He advised that whilst the Council did not have an issue with the principal of the Bill, it did have concerns about the timescales the Government may be working to, as this could require adaptations to be made to refuse vehicles which were still within their useable lifetime and would therefore result in high costs to the Council.  Another concern was the option to make the garden waste services free across the country and the financial contribution from Government did not cover the service being provided.



Affordable Housing Schemes - Expenditure of S106 Commuted Sums pdf icon PDF 265 KB


To update Council on the Section 106 commuted sums for affordable housing and to seek Council approval for proposals for expenditure of unallocated funds.




That Council, as recommended by Cabinet:

a) notes the current position on Section 106 commuted sums as shown in Annex A

b) approves the allocation of a capital grant of £550,000 to redevelop a site of 24 existing homes to provide 28 new social rented homes in Moreton in Marsh as detailed in paragraph 2.3. The award of the capital grant to be included within the Council’s capital programme and funded from the Section 106 commuted sums.

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Recommendations from Overview and Scrutiny Committee and Cabinet - Tetbury and Fairford Leisure Provision Task and Finish Group pdf icon PDF 87 KB


The Overview and Scrutiny Committee set up a Task and Finish Group for Groups to review the approach taken to leisure provision in Tetbury and Fairford and establish any lessons learnt.

Cabinet considered these key lessons learnt on 7 June 2021 and subsequently recommend them to Council to support future commissioning and procurement activity.



That Council agree recommendations one to six and note the commentary at section five regarding future leisure provision.


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Funding for Improvement Works to Rissington Road Car Park, Bourton on the Water


To seek agreement to allocate capital and car parking earmarked reserve funds for improvements to Rissington Road Car Park, Bourton-on-the-Water.



That Council agrees the allocation of £245,000 of capital funding and £92,000 of car park earmarked reserve fund to make improvements to Rissington Road Car Park, Bourton-on-the-Water.


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Licensing Act 2003 - Review of the Statement of Licensing Policy pdf icon PDF 73 KB


The report details the proposed revisions to the Council’s Statement of Licensing Policy (Licensing Act 2003), based on legislative requirements and statutory guidance.



That Council approves the reviewed Statement of Licensing Policy attached at Annex ‘A’.

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Report of the Working Group Investigation Short Term Lets (STL) pdf icon PDF 92 KB


To inform Members of the key findings of the Cross Party Working Group set up to look at the impact of properties let for short periods and in particular the implications for neighbours.



a)    That Council authorises sending a letter to the local MP seeking his support regarding the changes to the legal position as outlined in this report;

b)    That the Council consider the issues raised in the emboldened paragraphs of this report and as summarised at Annex B, and agrees whether further action should be taken; and

c)    Taking account of any further actions required as a result of recommendation b), the Chief Executive reports back to Council with an action planning detailing how and when such actions will be progressed.


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Refresh of the Constitution: Responsibility for Functions, Non-Executive Scheme of Delegation to Officers, Planning Protocol, & Financial Rules


To update Council on the work and recommendations of the Constitution Working Group who have been modernising the Constitution.



That Council:

  1. Adopt the updated Responsibility for Functions at Appendix 2
  2. Adopt the revised Non-Executive Officer Scheme of Delegation at Appendix 4.
  3. Adopt the updated Planning Protocol at Appendix 6.
  4. Adopt the updated Finance Rules at appendix 7.

Authorise that the Monitoring Officer:

  1. Be authorised to update the Constitution to reflect the inclusion

commitments of the Council, changing 'he or she' to 'he, she or they' and change 'his or her' to 'his, her or their'.

  1. be authorised to publish a final clean version of the constitution (removing track changes, correct any numbering, editing or formatting errors).



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Proposal for Loan Finance to Cottsway Housing Association


To consider a proposal to provide loan financing to Cottsway Housing Association Ltd through its subsidiary company, Cottsway 2.  The lower cost of finance would enable the provision of green energy generation via solar PV installation on 15 houses at Davies Road, Moreton-in-Marsh.




(a) Council approves the loan arrangement; and

(b) The loan is financed through Prudential Borrowing in line with the Council’s Capital and Treasury Management Strategies;

(c) That, subject to the approval by Council of recommendation (a), the negotiation of the detailed terms for the transaction be delegated to the Deputy Chief Executive, following consultation with the, Head of Legal Services, Monitoring Officer and the Deputy Leader and Cabinet Member for Finance;

(d) The Audit Committee review performance as part of regular Treasury Management updates.

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Notice of Motions

In accordance with Council Procedure Rule 12, the following Motions have been received:-


a)     Motion – Scrap the Planning Act


Proposed by Councillor Rachel Coxcoon, Seconded by Councillor Joe Harris:


Council notes:

The significant concerns expressed through the ballot box in Chesham & Amersham over the Conservative Government’s proposed Planning Reforms, including:


  • Loss of democratic accountability within the planning system, under a proposed zoning system that would grant presumed consent to development in two of the three zones


  • No commitment to using the planning system to tackle climate change, either through genuinely sustainable placemaking, or through the imposition of a building standards system that will deliver zero-carbon homes.


  • The expansion of Permitted Development Rights under this Government, which have already led to the development of ‘modern day slums’.


  • Widespread concerns and condemnation of the Planning White Paper proposals across Local Government, The Planning and Architecture Sector, and organisations concerned with protecting green spaces and heritage.


Council is concerned that:

Government proposals to deregulate planning will remove the rights of residents to influence or object to inappropriate development where they live.


The Government's proposals pass the costly burden of design codes from developers to local government, and result in codes that will hold no statutory weight.


The proposals in the White Paper, coupled with the weakness of the proposed Future Homes Standard and Design Codes and the ease with which Permitted Development Rights can now be used, means that the planning system is in danger of becoming an active enabler of the climate crisis, rather than part of the solution.


And finally,


That the proposals in the White Paper, designed principally to speed up the delivery of much needed housing, are doomed to fail on this crucial point, since the slow delivery of housing is demonstrably not a result of delays within the planning decision-making system. Rather, it is the result of land-banking and market manipulation by the development industry. Almost a million homes already have planning permission but have not been built out. Zoning, and thus the allocation of more land for housing, will secure land value increases for a small number of major development companies, but will not alter the speed at which housing comes to the market.



Council believes that:

Residents have the right to a say over development that will change the area they live in.


Local councils, in consultation with their businesses and residents are best placed to understand the issues in their area and respond with a spatial strategy tailored to that area.


The planning system is not fit for purpose if climate change is not the pre-eminent test in decision-making, and local planning authorities are not required to manage emissions through the planning system.


International evidence shows that zoning systems, far from producing the simplified system that advocates suggest, can often result in less transparent, less accountable decision-making than a discretionary, plan-led system.


The development industry, not the planning system, is the main cause of slow housing delivery.


Council calls for the Government  ...  view the full agenda text for item 26.

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Members had been given notice of a number of Notice of Motion, detailed on the agenda.


In relation to Agenda Item 14, Motion (e) – Planning Committee Protocol, it was agreed at the meeting that this would be considered during the deliberations relating to Item 12 – Refresh of the Constitution.  This motion was therefore removed from this section of the agenda (Minute 24 relates).


Due to the late hour, it was proposed by Councillor Evemy and duly seconded that consideration of the remaining Notices of Motion be moved to the next Council meeting, due to be held on 22 September 2021.


On being put to the vote, the proposal was carried and it was therefore


RESOLVED that the following Notices of Motion be considered at the Council meeting on 22 September 2021:


a)    Scrap the Planning Act

b)    Community Funding for the 2022 Queen’s Platinum Jubilee Celebrations

c)    Cotswold Shopping Festival

d)    Dog Waste Bin Provision




Next Meeting - 22 September 2021 - 6pm

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