Agenda, decisions and minutes

Apologies were received from Councillor Neil Fawcett.

There were no declarations of interest.

To approve the minutes of the meeting held on 18 January 2022 (CA3) and to receive information arising from them.

The minutes of the meeting held on 16 January 2022 were approved with the following amendment:

Item 6/22, Page 4, add to the final paragraph:

“The previous Cabinet had always anticipated having to put some funding from the County Council into completing that project.”

The questions received from County Councillors and responses are set out in an Annex to these Minutes.

Currently council meetings are taking place in-person (not virtually) with Covid safety procedures operating in the venues.  However, members of the public who wish to speak at this meeting can attend the meeting ‘virtually’ through an online connection.  While you can ask to attend the meeting in person, you are strongly encouraged to attend ‘virtually’ to minimise the risk of Covid-19 infection.

Please also note that in line with current government guidance all attendees are strongly encouraged to take a lateral flow test in advance of the meeting.

Normally requests to speak at this public meeting are required by 9 am on the day preceding the published date of the meeting. However, during the current situation and to facilitate these new arrangements we are asking that requests to speak are submitted by no later than 9am four working days before the meeting i.e. 9 am on Wednesday 9 February 2022 Requests to speak should be sent to colm.ocaomhanaigh@oxfordshire.gov.uk .  You will be contacted by the officer regarding the arrangements for speaking.

If you ask to attend in person, the officer will also advise you regarding Covid-19 safety at the meeting.  If you are speaking ‘virtually’, you may submit a written statement of your presentation to ensure that if the technology fails, then your views can still be taken into account. A written copy of your statement can be provided no later than 9 am 2 working days before the meeting. Written submissions should be no longer than 1 A4 sheet.

Petition

Mandy Rigault, Nuneham Courtenay Parish Transport rep, spoke of the death on the road through the village of two peafowl and a pet dog within the space of 3 weeks and the danger to pedestrians.  The petition, presented to Councillor Robin Bennet and signed by over 200 people, asked the Highways Department for solar powered Vehicle Activated Signs at both ends of the village to warn approaching drivers there may be peafowl in the road ahead.  Peafowl were particularly vulnerable as they were classified as a non-native species and, as such, were not entitled to veterinary care unless it was paid for.

Councillor Tim Bearder responded that the village could now ask for a 20mph speed limit following a recent decision by Cabinet.  He also called on central government to devolve powers for installing speed cameras so that the Council can enforce speed limits.

Public Address

The Chair agreed to the following requests to speak -

Item 6: Consultation and Engagement Strategy

Cllr Michael O’Connor

Cllr Charlie Hicks

Item 8: Oxfordshire Infrastructure Strategy (OxIS) Stage 1

Cllr Charlie Hicks

Item 9: Burford Experimental Weight Limit

Cllr Ian Snowden

Cllr Charlie Hicks

Rhys Williams

Burford Town Councillor John White

Dr Ken Gray

Hugh Ashton

Parish Cllr Mark McCappin

Parish Cllr Jan de Haldevang

District Cllr Julian Cooper

Cllr Yvonne Constance

Cllr Stefan Gawrysiak

Cllr Andy Graham

Cllr Liam Walker

Cllr Nick Field-Johnson

Cabinet Member: Corporate Services

Forward Plan Ref: 2021/165

Contact: Kerry Middleton, Head of Communications, Marketing & Engagement Tel: 07586 479081

Report by Corporate Director Customers, Organisational Development and Resources (CA6).

To seek approval of the overall consultation and engagement approach and proposals within the Cabinet paper submitted.

The Cabinet is RECOMMENDED to

a)            consider the contents of the draft strategy and provide feedback to the Cabinet lead member for corporate services, the corporate director for customers organisational development and resources and supporting officers; and

b)           endorse the content of the strategy.

Cabinet was asked to consider an overall approach to consultation and engagement.

Councillor Michael O’Connor reported the views of the Performance & Corporate Services Overview & Scrutiny Committee on the report.  Their recommendations were set out in a Supplementary Document.

The strategy was a move in the right direction but a protocol was needed around which kind of consultation was appropriate for which kind of project.  Transport and Active Travel schemes needed more focussed consultation and engagement including the use of representative polling.  The scrutiny committee recommended more in-person engagement – particularly for hard-to-reach communities, as well as earlier involvement of councillors.

He added that the scrutiny committee had not been aware of the Social Value Policy coming to Cabinet and would like an opportunity to engage with it when it comes up again.

Councillor Charlie Hicks noted what he believed was minimal consultation on the Low Traffic Neighbourhood (LTN) schemes in his area.  He recommended studying other councils’ experience before deciding on the next round of LTNs.  He drew Cabinet’s attention to recommendations at a national level to use professional representative polling.

While the Central Oxfordshire area plan provided an opportunity for the Environment & Place department to work more closely with the consultation and engagement team, there should also be more engagement at the policy development stage.

Councillor Glynis Phillips, Cabinet Member for Corporate Services, thanked the scrutiny committee for the recommendations and responded as follows:

Recommendation 1:

Throughout the strategy, the narrative underlines the value of canvassing both views and preferences as well as ensuring people’s voices are heard as citizens.

To provide more detail about different types of audiences, explanations have been provided in footnotes.  On page 4 of the strategy, in the ‘Why consult?’ diagram, the word ‘listen’ has been added into the last point of the first column.   The description of reaching diverse audiences has been strengthened, with a reference added to ‘those for whom English is a second language’.

Recommendation 2:

The council’s best practice consultation and engagement guidance is being refreshed. The updated document will distinguish between, and provide advice around, different types, scales and levels of consultation, from the controversial, sensitive, complex and/or statutory.

The refreshed guidance will include a workflow outlining responsibilities and timescales as well as any protocols and processes to help guide.  Strategies and methodologies will be selected based on the type of engagement or consultation required and the level of participation desired based on an assessment of need. The use of more than one methodology is achievable and possible depending on the target audience(s).

Recommendation 3:

Communications and engagement strategies and plans are developed to support individual active travel schemes, which take into account any statutory requirements. They follow the principles of communications, consultation and engagement best practice and are tailored to the specific programme, project or scheme in question.

If there is a requirement for representative polling, the council will commission a qualified market research company to undertake this work using the council’s contract procedure rules.

The strategy outlines  ...  view the full minutes text for item 19/22

Cabinet Member: Finance

Forward Plan Ref: 2021/223

Contact: Becky Spencer, Procurement Policy & Governance Officer Tel: 07912 476711

Report by Director of Law & Governance (CA7).

The purpose of this report is to advise Cabinet on progress towards introducing a Social Value Policy for Oxfordshire County Council, and to request the approvals set out in the Recommendations.

The Cabinet is RECOMMENDED to:

a)           Approve the draft Social Value Policy, provided as an annex to this report;

b)           Approve the planned implementation of the Social Value Policy, as outlined below.

Cabinet had before it a report to advise on progress towards introducing a Social Value Policy for Oxfordshire County Council.

Councillor Calum Miller, Cabinet Member for Finance, introduced the report which set out how social value will become an integral part of procurement policy.  This implements the requirements of the 2012 Social Value Act which was necessary to do by 1 April 2022.

As a result the Council’s significant budget for services will be used to shape the practices of suppliers for the common good and this will have an added benefit in being reflected in their work for other customers.

Councillor Miller described this proposal as a starting point and noted that there was great enthusiasm to go further.  He advocated an evidence-based approach with regular reviews.  He would ensure that scrutiny was involved in that process and apologised that they had not been involved in this first stage.

Councillor Pete Sudbury supported the proposal.  He noted that in Figure 1 on Agenda Page 53, under climate action, “carbon emissions are reduced” was just one item on a long list.  He believed that it should say “climate emissions” to ensure it included all contributors to global warming.  He asked for an assurance that the BEIS guidance on carbon pricing will be incorporated in contracts and tenders at the earliest opportunity.

Councillor Miller responded that for each procurement exercise there will be an opportunity to choose from the menu of Themes, Outcomes and Measures.  He believed that it would be open to the Council to include carbon pricing in procurement policy.

The Chair moved the recommendations.

RESOLVED to:

a)               Approve the draft Social Value Policy, provided as an annex to this report;

b)              Approve the planned implementation of the Social Value Policy, as outlined below.

Cabinet Member: Travel & Development Strategy

Forward Plan Ref: 2021/163

Contact: John Disley, Infrastructure Strategy & Policy Manager Tel: 07767 006742 / James Gagg, Principal Infrastructure Planner Tel: 07776 997303

Report by Corporate Director Environment & Place (CA8).

Annex 1b is published as a Supplementary Document due to its large size.

This report introduces the completed, updated first stage of the Oxfordshire Infrastructure Strategy (OxIS), which covers the identification and prioritisation of strategic infrastructure needs to 2040. It asks the Cabinet to endorse Stage 1 of OxIS and to recommend its adoption as the basis for infrastructure assessment and prioritisation in other relevant workstreams. OxIS has been undertaken as a partnership project with District Councils and other Stakeholders, and this Cabinet report follows consideration of endorsement of OxIS Stage 1 by the Future Oxfordshire Partnership on 25^th January.

The Cabinet is RECOMMENDED to

a)           Endorse the OxIS Stage 1 as the framework for assessing and identifying strategic infrastructure priorities across the County to 2040, and

b)           Endorse the use of the OxIS multi-criteria appraisal (MCA) as the basis for the on-going assessment and prioritisation of infrastructure in relevant Council workstreams.

Cabinet considered a report introducing the completed, updated first stage of the Oxfordshire Infrastructure Strategy (OxIS), which covered the identification and prioritisation of strategic infrastructure needs to 2040.  Cabinet was asked to endorse Stage 1 of OxIS and to recommend its adoption as the basis for infrastructure assessment and prioritisation in other relevant workstreams.

Councillor Charlie Hicks, Chair of the Transport Working Group of the Place Overview & Scrutiny Committee, stated that the group was planning to look at the current situation, in order to take a view as to how to achieve targets in the Local Transport and Connectivity Plan.  The intention was to bring a report to scrutiny in June and then take the issue to Cabinet.

Having looked at the Infrastructure Strategy in that context, Councillor Hicks believed that it did not meet the priorities in the LTCP and might make the targets more difficult to achieve.  In particular, there was no mention of reducing car journeys.  He asked Cabinet not to agree the recommendations until the scrutiny committee has reported.  If they did agree the recommendations, he asked that they say when the scoring system and targets can next be reviewed.

Councillor Duncan Enright, Cabinet Member for Travel & Development Strategy, responded that the Infrastructure Plan was not in opposition to the aims of the LTCP, they just were not entirely in synch.  The important advantage in OxIS was that the district and city councils were involved and working towards the same priorities as the county.

The projects listed were only those from existing local plans.  The decision today was not to adopt those but to approve the framework provided by OxIS which was broadly in line with the Alliance’s objectives.

Cabinet Members raised a number of issues as follows:

·         The latest Intergovernmental Panel on Climate Change report emphasised that a change of focus was needed from growth to wellbeing.

·         Future plans needed to determine how to remain resilient in the face of the effects of climate change.

·         The Plan needed to reflect the priority of tackling inequality.

·         The scoring system was weighted towards prioritising growth more than environment for example.

The Chair, as Oxfordshire County Council representative on the Future Oxfordshire Partnership and Chair of the Infrastructure Subgroup, assured Cabinet that they were aware of the difficulties with the definition of growth and they will be looking at that.  In this plan the growth referred to was the existing plans for housing which needed certain infrastructure to make them viable.

The Chair proposed that Cabinet adopt the recommendations on the understanding that she will take the points made at this meeting back to the Future Oxfordshire Partnership.  This was agreed.

RESOLVED to:

a)           Endorse the OxIS Stage 1 as the framework for assessing and identifying strategic infrastructure priorities across the County to 2040, and

b)           Endorse the use of the OxIS multi-criteria appraisal (MCA) as the basis for the on-going assessment and prioritisation of infrastructure in relevant Council workstreams.

Forward Plan Ref: 2021/196

Contact: Natalie Moore, Transport Planner Tel: 07917 534327

Report by Director of Law & Governance (CA9).

A delegated decision taken by the Cabinet Member for Travel Development and Strategy on the Burford Experimental Weight Limit on 5 January 2022 was called in for review by request of 14 Councillors. 

This report includes the executive response to the Burford Experimental Weight Limit – Call In Recommendations of the Place Overview and Scrutiny Committee 2 February 2022

The Cabinet is RECOMMENDED to:-

a)            Receive the referral made by the Place Overview & Scrutiny Committee following its consideration of a call-in request made on the 2 February 2022 on the decision regarding the Burford Experimental Weight Limit

b)           Reconsider the original decision taken by the Cabinet Member for Travel and Development Strategy, in light of the concerns raised by the Place Overview & Scrutiny Committee as listed in paragraph 5 of this report.

Cabinet had before it a report from the Place Overview & Scrutiny Committee from its meeting on 2 February 2022 on the Burford Experimental Weight Limit decision which had been called-in following a decision by the Cabinet Member for Travel & Development Strategy on 5 January 2022.

Before discussing the item, Cabinet heard from a number of speakers.

Councillor Ian Snowden, Chair of the Place Overview & Scrutiny Committee, summarised the proceedings on the called-in item.  The Committee considered the evidence base upon which the Decision was made, including the Automatic Number Plate Recognition (ANPR), the Euro Classification data and the Tracsis Automatic Traffic Count (ATC) data.

At the end of the Committee’s consideration of this issue, the Committee sought further clarification on the use of the different data used to inform the Cabinet Member’s Decision and decided to refer the matter to Cabinet in the interests of transparency of the decision making process with reference to the Principles of Decision Making:

(d) a presumption in favour of openness; and

(e) clarity of aims and desired outcomes.

The scrutiny committee recommended that greater clarity be provided on the evidence base upon which the decision was made.

Councillor Charlie Hicks, Deputy Chair of the Place O&SC, added that there had been some discussion around the meaning of the reference in the Constitution to “material concerns” about a decision.  In the end the Committee used the Principles of Decision Making in the Constitution as the basis for its discussions.

The Committee did not find that there was evidence of bias or pre-determination or that the decision should have been made by the full Cabinet.  There were different opinions on the merits of including ANPR data in the report as there was only one data point available.  The Cabinet Member told the scrutiny meeting that he had taken that data into account anyway in making the decision.  In the end the Committee asked for more information to be provided on the basis of the openness and clarity.

Rhys Williams, Regional Operations Manager, Road Haulage Association, reiterated that his organisation strongly opposed the reinstatement of the Burford weight limit and, instead, strongly supported the need for an effective freight strategy that allows consumers across Oxfordshire to receive the goods they demand sustainably and efficiently.

Banning HGVs from Burford would simply displace large vehicles from a road designed to be suitable for them onto less suitable roads. It caused lorries to travel extra and needless miles.  The RHA stood ready as a key partner to work with Oxfordshire County Council on a freight strategy.

Councillor John White, Burford Town Council, stated that responsibility for this decision should never have been imposed on or accepted by Councillor Enright because he was conflicted.  Suggestions that Councillor Enright was bias towards the local haulage industry and that he only decided the way he did because he was a Witney Councillor did not come from Burford Town Council or its advisers.

The Town Council contended that Principle  ...  view the full minutes text for item 22/22

Forward Plan Ref: 2021/186

Contact: Sarah Fogden, Finance Business Partner Tel: 07557 082613

Report by Director for Children’s Services (CA10).

The local authority is required to set a funding formula for 2- year old and for 3 and 4 year old provision.

Cabinet is RECOMMENDED to: -

a)           Pass the funding increase received by Oxfordshire onto providers in full and approve the 2022-23 Early Years funding formula for 3 and 4- year old provision with an underlying hourly rate of £4.35 (excluding the Deprivation supplement, SEN Inclusion Fund and Contingency).

b)           Pass the funding increase received by Oxfordshire onto providers in full and approve the 2022-23 Early Years funding formula for 2- year old provision at an hourly rate of £5.89.

Cabinet was asked to agree to set a funding formula for 2- year old and for 3 and 4 year old provision.

Councillor Liz Brighouse, Cabinet Member for Children, Education and Young People’s Services, introduced the report.  The proposed increase in funding would be implemented for early years provision right across the county in nursery schools, classes and other settings.

There were issues around funding but also with sufficiency of provision as the pandemic had diminished provision.  The proposal had already been approved at the Schools Forum.

Councillor Calum Miller, Cabinet Member for Finance, added that managing uncertain school numbers had always been a challenge but that there was provision to take forward funding from future years if the census showed higher numbers than anticipated.  He was content that this was prudently managed from a financial point of view.

The Chair put the recommendations.

RESOLVED to:

a)           Pass the funding increase received by Oxfordshire onto providers in full and approve the 2022-23 Early Years funding formula for 3 and 4- year old provision with an underlying hourly rate of £4.35 (excluding the Deprivation supplement, SEN Inclusion Fund and Contingency).

b)           Pass the funding increase received by Oxfordshire onto providers in full and approve the 2022-23 Early Years funding formula for 2- year old provision at an hourly rate of £5.89.

Cabinet Member: All

Contact Officer: Alison Bartlett, Democratic Support Officer Tel: 07741 607515

The Cabinet Procedure Rules provide that the business of each meeting at the Cabinet is to include “updating of the Forward Plan and proposals for business to be conducted at the following meeting”.   Items from the Forward Plan for the immediately forthcoming meetings of the Cabinet appear in the Schedule at CA11.  This includes any updated information relating to the business for those meetings that has already been identified for inclusion in the next Forward Plan update.

The Schedule is for noting, but Cabinet Members may also wish to take this opportunity to identify any further changes they would wish to be incorporated in the next Forward Plan update.

The Cabinet is RECOMMENDED to note the items currently identified for forthcoming meetings.

The Cabinet considered a list of items (CA11) for the immediately forthcoming meetings of the Cabinet together with changes and additions set out in the schedule of addenda.

RESOLVED:to note the items currently identified for forthcoming meetings.