Agenda and draft minutes

To record apologies for absence.

Apologies for absence were submitted on behalf of Councillors Cox, de la Harpe, Gascoigne, Maddison, Rayner and Thompson.

To adopt and sign as a correct record the Council minutes of the meeting held on 17 July and the special meeting held on 18 September 2024. 

RESOLVED: to approve the minutes of the meeting held on 17 July 2024 and the special meeting held on 18 September 2024 as correct records and agree that the Chair sign them as such.

To receive declarations of disclosable pecuniary interests, other registrable interests and non-registrable interests or any conflicts of interest in respect of items on the agenda for this meeting. 

None.

To receive notification of any matters which the chair determines should be considered as urgent business and the special circumstances which have made the matters urgent, and to receive any announcements from the chair. 

The Chair advised that she had agreed to take an item of urgent business to allow Council to consider the Cabinet recommendation to extend the current contract for the management of the car park service with Saba Park Services UK Limited for two years until 30 September 2027. The reason for urgency was that any extension to the contract needed to be agreed before 31 October 2024.

The Chair welcomed Nick Bennett, Head of Legal and Democratic and Monitoring Officer, to the council.

To receive any questions or statements from members of the public that have registered to speak. 

The Chair advised that three members of the public had registered to make statements

and two representatives from Botley and North Hinksey Parish Council had registered

to speak on their petition – see minute 39.

A.    Councillor Chris McCarthy, Chair of Grove Parish Council, addressed Council on the Playing Pitch Strategy and Leisure Facilities Assessment Strategy 2023-41.

In his statement he highlighted the lack of provision for new leisure facilities within the strategy for Grove despite the financial contributions generated by housing developments in the parish. There was an urgent need for an artificial pitch for use by a number of local sports clubs and teams. He requested that any decision on the leisure strategy is deferred until the district council reconsiders the needs and wants of the sports and leisure clubs in Grove.

Councillor Bentley, Chair of the council, thanked Councillor McCarthy and advised that the views in his statement would be taken into account when Cabinet considers the strategy at its forthcoming meeting.

B.    Tim Glass, a resident of East Hanney, addressed Council on the recent flooding in the village.

He highlighted the impact of the recent flooding in September 2024 during which Letcombe Brook broke its banks with homes flooded and the failure of a sewage pump. He highlighted a number of factors, which in his view, had contributed to a worsening situation including development on meadow and pastureland, inadequacy of the foul sewage system, ditch maintenance neglect and a lack of monitoring of water flows. Solutions were required prior to any further development. An invitation would be sent to members to visit the parish and discuss the impacts of the flooding and possible mitigation measures.     

C.   Barry Gooch, addressed Council in support of Motion 1 on the agenda for this meeting.

At the meeting held on 18 July 2024, Councillor Bentley, Chair of council, advised of the receipt of a petition submitted by Botley and North Hinksey Parish Council signed by in excess of 1400 signatures regarding the closure of the Harcourt Hill swimming pool facility and urging the council to find a way to keep the pool open for the coming year and find a solution for its long term future.  The letter form the parish council is attached.

In accordance with the council’s petition scheme, Council may:

·       Decide to take the action the petition requests

·       Not to take the action requested for reasons put forward in the debate

·       Refer the matter to Cabinet or the relevant committee and decide whether to make recommendations to inform that decision

Councillors Rankin and Keily, representing Botley and North Hinksey parish Council, addressed council in support of the "Save our Swimming Pool" petition which called on Vale of White Horse District Council and Oxford Brookes University to:

• Reconsider the planned closure of the Harcourt Hill pool;

• Develop a short-term plan for continued use; and

• Work with the community and the site owners on a long-term solution.

Council debated the petition. A number of members highlighted the importance of the facility which had provided a range of leisure facilities, including a swimming pool, gym, tennis and golf putting, for use by both the community and local schools. The sudden closure of the site had come as a surprise and caused concern locally leaving this part of the district with no alternative facilities and long distances to travel to alternative venues.

Council agreed to refer the petition to Cabinet, as the committee with oversight of council leisure provision, to consider the matter.

To consider the report of the head of finance on a proposal to award funds to Milton Parish Council towards a new community hall with sporting facilities in Milton parish – attached. This item will not be considered if planning permission for this facility is not granted by the Council meeting.

The Chair of council referred to an email sent to all members prior to the meeting which advised that due to the lack of a planning decision in respect of the proposed facility the item would not be considered at this Council meeting. Once, and if, planning permission is granted, the report would be brought back to Council.

Cabinet, at its meeting held on 27 September 2024, considered the report of the head of planning to progress a Local Development Order (LDO) for Didcot Technology Park.

Plan 5 in the attached LDO incorporates a small change to the pedestrian/cycle route to ensure the developer can deliver it as required under the S106.

RECOMMENDATION: to adopt the Didcot Technology Park Local Development Order (LDO) (attached at Appendix 3 to the report of the head of planning to Cabinet on 27 September 2024), subject to completion of a legal agreement securing the elements referred to in paragraph 9 of the report.

Council considered Cabinet’s recommendations, made at its meeting on 27 September 2024, on progress towards a Local Development Order (LDO) for Didcot Technology Park.

Councillor Lugova, Cabinet member for Planning, advised that Plan 5, as attached to the Council agenda, had been updated since the Cabinet meeting, to take account of a small change to the pedestrian/cycle route to ensure the developer could deliver it as required under the Section 106.

RESOLVED: to adopt the Didcot Technology Park Local Development Order (LDO) (attached at Appendix 3 to the report of the head of planning attached to the agenda to the Council meeting on 23 October 2024), subject to the completion of a legal agreement securing the elements referred to in paragraph 9 of the report.

To consider the recommendations of the Cabinet member for planning, made on 8 October 2024, regarding the neighbourhood plan for Steventon following the referendum held on 5 September 2024.

The Individual Cabinet Member Decision is attached.

RECOMMENDATIONS:

1. To make the Steventon Neighbourhood Development Plan, so that it becomes part of the council’s development plan.

2. To authorise the head of policy and programmes, in consultation with the Cabinet member for policy and programmesand in agreement with the Qualifying Body – Steventon Parish Council, to correct any spelling, grammatical, typographical or factual errors together with any improvements from a presentational perspective.

Council considered the recommendation of Councillor Foulsham, Cabinet member for policy and programmes, to make the Steventon Neighbourhood Development Plan part of the development plan for Vale of White Horse.

RESOLVED: to

1.    To make the Steventon Neighbourhood Development Plan, so that it becomes part of the council’s development plan.

2.    To authorise the head of policy and programmes, in consultation with the Cabinet member for policy and programmes and in agreement with the Qualifying Body - Steventon Parish Council, to correct any spelling, grammatical, typographical or factual errors together with any improvements from a presentational perspective.

Cabinet, at its meeting on 18 October, will consider the report of the head of finance on the outturn performance of the treasury management function for the financial year 2023/24.

The report of the head of finance, which the Joint Audit and Governance Committee considered on 15 October 2024 and Cabinet will consider on 18 October, is attached.

Cabinet’s recommendations will be circulated prior to the Council meeting.

Council considered the head of finance’s report on the treasury management outturn for 2023/24 and Cabinet’s recommendations made at its meeting on 18 October 2024.  The Cabinet member for finance reported that the outturn report had also been considered by the Joint Audit and Governance Committee and Cabinet, both of which were satisfied that the treasury activities during 2023/24 had been carried out in accordance with the treasury management strategy and policy.  The outturn figure had been better than expected, partly due to continued high interest rates.  Performance had exceeded expectations and there had been no breaches of the counterparty limits or the prudential indicators.  He reported an error in the report in paragraph 11 of appendix C which stated that the CCLA had a performance of -3.9 per cent rather than the correct figure of 1.07 per cent as set out in the table in paragraph 9.

RESOLVED to:

1.    approve the treasury management outturn report 2023/24; and

2.    approve the actual 2023/24 prudential indicators within the report of the Head of Finance to the Council meeting on 23 October 2024. 

Council considered Cabinet’s recommendations, made at its meeting held on 18 October 2024, on the future management of the car park service from 1 October 2025.

The majority of members supported Cabinet’s recommendation to extend the contract recognising that the contract had performed well, that officer resources were limited and needed to be focussed on the larger and more reputational contracts up for renewal, and that an extension would allow time to carry out a more in-depth review of the options including the location and provision of car parks. However, a number of members expressed concern that the option to extend had been made so close to the deadline for renewal without any opportunity for the options to be properly scrutinised. Others expressed concern regarding the management of the timeline for the contract deadline and renewal dates, which gave the impression that the council was not on top of the contract.  

RESOLVED: To

1.    extend the current contract with Saba Park Services UK Limited (Saba) for two years, until 30 September 2027, as a shared service with South Oxfordshire District Council;

2.    authorise the Head of Development and Corporate Landlord, in consultation with the Cabinet member for Finance and Property Assets, to finalise and sign the contractual arrangements.

          To receive the report of the leader of the council. 

Councillor Thomas, Leader of the council, provided an update on a number of matters. The text of her address is available on the council’s website.     

To receive the attached update report.

Council noted the Future Oxfordshire Partnership update report attached to the agenda for the Council meeting held on 23 October 2024.

To receive questions from councillors in accordance with Council procedure rule 33. 

1.    Question from Councillor Foxhall to Councillor Foulsham, Cabinet member for Policy and Programmes

We recently learnt that the government’s Planning Inspectorate has recommended that Oxford City Council withdraw its local plan. 

The government inspectors’ main reason for this was that Oxford City had not satisfied the duty to co-operate, in large part referring to South and Vale. Inspectors stated that ”we do not consider that the Council has engaged constructively, actively and on an ongoing basis in relation to the strategic matters of housing needs and unmet housing needs.” [1] 

In response, Councillor Susan Brown, Oxford City Council’s leader has commented: “We have a longstanding history of working collaboratively with neighbouring councils and other stakeholders on planning issues affecting Oxfordshire - including during the preparation of this plan. The duty to cooperate is not a duty to agree.” [2] 

Which of these assessments does the Cabinet member consider most accurate? 

[1] https://www.oxford.gov.uk/downloads/file/3600/exam-20---inspectors-post-hearings-letter-to-council-september-2024 

[2] https://www.oxford.gov.uk/news/article/1549/oxford-city-council-response-to-planning-inspectors-findings-on-its-draft-local-plan-2040 

2.    Question from Councillor James to Councillor Thomas, Leader of the council and Cabinet member for Climate Action, Nature Recovery, and Strategic Partnerships

In December 2023 this Council voted unanimously on a motion that noted the importance of Nature Recovery and made 12 resolutions towards delivering nature recovery in our district. They were:

1.    Ask Cabinet to ensure that addressing the climate and ecological emergencies and nature recovery remain strategic priorities for planning policies and design guides for new development through proposals in the Joint Local Plan (JLP), whilst seeking to support the principle of increasing equality of access for people to natural, green spaces.

2.    Ask Cabinet to consider proposing that nature recovery has equal priority with climate change as headline themes for the Vale of White Horse District Council Corporate Plan, 2024 – 2028.

3.    Ask Cabinet to consider extending the remit of CEAC to support Cabinet in addressing the twin priorities of Climate Change and Nature Recovery.

4.    Ask Cabinet to consider support for a higher than nationally set level of Biodiversity Net Gain (BNG) through the JLP and work with partners to support effective local use of any BNG offsetting arising from development in the Vale of White Horse.

5.    Ask cabinet to consider and propose measurable targets and standards for biodiversity increase within our own Council’s operations and land holdings, in the area managed for nature and in species diversity, seeking also to increase community engagement.

6.    Support the work of the Cabinet Member for Climate Action and the Environment in engaging with partners and local charities and environmental organisations in supporting nature recovery and in opposing damage, such as that caused by sewage spills and other pollution incidents that damage nature in our district.

7.    Work pro-actively with partners to develop and to support the production of a Local Nature Recovery Strategy for Oxfordshire.

8.    Look for opportunities to extend partnership with local charities and environmental organisations to deliver nature recovery in Vale of White Horse.

9.  ...  view the full agenda text for item 47.

1. Question from Councillor Foxhall to Councillor Foulsham, Cabinet member for Policy and Programmes

We recently learnt that the government’s Planning Inspectorate has recommended that Oxford City Council withdraw its local plan. 

The government inspectors’ main reason for this was that Oxford City had not satisfied the duty to co-operate, in large part referring to South and Vale. Inspectors stated that ”we do not consider that the Council has engaged constructively, actively and on an ongoing basis in relation to the strategic matters of housing needs and unmet housing needs.” [1] 

In response, Councillor Susan Brown, Oxford City Council’s leader has commented: “We have a longstanding history of working collaboratively with neighbouring councils and other stakeholders on planning issues affecting Oxfordshire - including during the preparation of this plan. The duty to cooperate is not a duty to agree.” [2] 

Which of these assessments does the Cabinet member consider most accurate? 

[1] https://www.oxford.gov.uk/downloads/file/3600/exam-20---inspectors-post-hearings-letter-to-council-september-2024 

[2] https://www.oxford.gov.uk/news/article/1549/oxford-city-council-response-to-planning-inspectors-findings-on-its-draft-local-plan-2040 

Written response

The initial examination hearings of the Oxford City Local Plan 2040 held in June 2024 considered the evidence about the duty to co-operate. The conclusions of the Inspectors were published on 11 September. The Inspectors are both highly qualified and very experienced and we have no reason to disagree with their conclusions on this matter.

We also acknowledge that duty to co-operate is not a duty to agree and would emphasise that all councils are required to engage constructively, actively and on an ongoing basis throughout the process of plan making.

The Duty to Co-operate Matter Statement submitted by South and Vale for the initial Oxford City Hearings can be viewed at this link: https://www.oxford.gov.uk/downloads/file/3374/matter-2-written-statement---south-oxfordshire-and-vale-of-white-horse-dc

Supplementary question and answer 

In response to a supplementary question on the potential impact of the decision on the Oxford City Local Plan on the council’s Joint Local Plan, Councillor Foulsham responded that he was optimistic that the council had co-operated in accordance with the duty but ultimately the government inspector would have the final decision.

2. Question from Councillor James to Councillor Thomas, Leader of the council and Cabinet member for Climate Action, Nature Recovery, and Strategic Partnerships

In December 2023 this Council voted unanimously on a motion that noted the importance of Nature Recovery and made 12 resolutions towards delivering nature recovery in our district. They were:

1.    Ask Cabinet to ensure that addressing the climate and ecological emergencies and nature recovery remain strategic priorities for planning policies and design guides for new development through proposals in the Joint Local Plan (JLP), whilst seeking to support the principle of increasing equality of access for people to natural, green spaces.

2.    Ask Cabinet to consider proposing that nature recovery has equal priority with climate change as headline themes for the Vale of White Horse District Council Corporate Plan, 2024 – 2028.

3.    Ask Cabinet to consider extending the remit of CEAC to support Cabinet in addressing the twin priorities of Climate Change and Nature Recovery.

4.    Ask Cabinet to consider support for a higher than nationally set level of  ...  view the full minutes text for item 47.

To consider motions from councillors in accordance with Council procedure rule 38.

1.    Motion to be proposed by Councillor Clegg and seconded by Councillor James

Council notes:

The Secretary of State for the Environment, Food and Rural Affairs has approved Thames Water’s Water Resources Management Plan 2024 (WRMP24).

The Environment Agency had advised that Thames Water should not be able to publish its WRMP24 without addressing significant remaining issues.

Thames Water submitted its Environmental Impact Assessment (EIA) Scoping Report for the reservoir to the Planning Inspectorate, which was then put out to consultation with organisations including this Council.

Thames Water is attempting to ‘scope out’ assessment of embankment breach risk, despite the Environment Agency’s  “Lessons from historical dam incidents” which sets out a series of incidents involving the breaching of embankments, along with many near misses and other serious incidents both in the UK and overseas.

The requirement to be able to reduce the reservoir water level by 1m per day would lead to a discharge into the River Thames that could cause very serious flooding downstream, especially if coinciding with high levels of flow along the Thames.

Thames Water appears to accept the need for assessing and managing this risk, however, this assessment will not be required before the Development Consent Order (DCO) approval, but after construction is largely completed.

Council resolves to:

Ask the Leader to request of the Secretary of State and of Thames Water that the following must come before DCO approval for SESRO and be published openly so that they can be scrutinised by all levels of government and by the public:

1.    Embankment failure risk analysis and mitigation planning.

2.    Risk analysis and mitigation planning for the impact of emergency drawdown on flooding along the Thames valley.

Ask the Leader to re-request a meeting with the current Secretary of State with invitations to: the Members of Parliament for Didcot and Wantage and for Oxford West and Abingdon; the Group Against Reservoir Development (GARD); the Campaign to Protect Rural England (CPRE); the leaders of the groups represented in this chamber; and the County Councillors in the proposed zone of development and fall out. Said meeting to discuss the existing concerns that have not yet been addressed and the overall options for governance of the system.

2.    Motion to be proposed by Councillor James and seconded by Councillor Patel

This Council notes: -

Through our actions and motions, all political groups in this council have demonstrated their strong desire to provide the services and support we are responsible for in a way that shows transparency and democratic accountability.

Polls show that the UK public supports public ownership of public services.

Councils across the country spend hundreds of millions of pounds buying in essential goods, services and expertise from the private sector each year.

The Public Services (Social Value) Act was introduced in 2012. It provides a legal basis for public authorities to look for wider social, economic and environmental benefits when undertaking procurement exercises.

There are  ...  view the full agenda text for item 48.

Council considered the following motions.

1. Motion moved by Councillor Clegg and seconded by Councillor James as set out on the agenda at agenda item 14 (1)

Following debate, the motion was declared carried.

RESOLVED: to

Note the Secretary of State for the Environment, Food and Rural Affairs has approved Thames Water’s Water Resources Management Plan 2024 (WRMP24).

The Environment Agency had advised that Thames Water should not be able to publish its WRMP24 without addressing significant remaining issues.

Thames Water submitted its Environmental Impact Assessment (EIA) Scoping Report for the reservoir to the Planning Inspectorate, which was then put out to consultation with organisations including this Council.

Thames Water is attempting to ‘scope out’ assessment of embankment breach risk, despite the Environment Agency’s  “Lessons from historical dam incidents” which sets out a series of incidents involving the breaching of embankments, along with many near misses and other serious incidents both in the UK and overseas.

The requirement to be able to reduce the reservoir water level by 1m per day would lead to a discharge into the River Thames that could cause very serious flooding downstream, especially if coinciding with high levels of flow along the Thames.

Thames Water appears to accept the need for assessing and managing this risk, however, this assessment will not be required before the Development Consent Order (DCO) approval, but after construction is largely completed.

Council resolves to:

Ask the Leader to request of the Secretary of State and of Thames Water that the following must come before DCO approval for SESRO and be published openly so that they can be scrutinised by all levels of government and by the public:

1.    Embankment failure risk analysis and mitigation planning.

2.    Risk analysis and mitigation planning for the impact of emergency drawdown on flooding along the Thames valley.

Ask the Leader to re-request a meeting with the current Secretary of State with invitations to: the Members of Parliament for Didcot and Wantage and for Oxford West and Abingdon; the Group Against Reservoir Development (GARD); the Campaign to Protect Rural England (CPRE); the leaders of the groups represented in this chamber; and the County Councillors in the proposed zone of development and fall out. Said meeting to discuss the existing concerns that have not yet been addressed and the overall options for governance of the system.

3. Councillor James moved and Councillor Patel seconded an altered motion to that set out on the Council agenda to reflect their acceptance of an amendment from Councillors Smith and Roberts. The amended motion is set out below with deleted words shown by a strikethrough and additional words in bold.

This Council notes: -

Through our actions and motions, all political groups in this council havethis council has demonstrated their its strong desire to provide the services and support we are responsible for in a way that shows transparency and democratic accountability.

Polls show that the UK public supports public ownership of public services.

Councils across the country spend hundreds  ...  view the full minutes text for item 48.