Agenda, decisions and minutes

The Chair will make any specific announcements for this meeting and advise of any late items which due to special circumstances will be given urgent consideration under Late Items.

There were no apologies for absence.

Cllr Lintill explained that agenda item 5 was not a recommendation to Council. She added that she would be taking agenda items 6 and 7 first.

The Cabinet is requested to approve as a correct record the minutes of its Special meeting on 23 January 2023 and its meeting on 7 February 2023.

RESOLVED

1.    That the minutes of the Special Cabinet meeting held on 23 January 2023 be approved as a correct record.

2.    That the minutes of the Cabinet meeting held on 7 February 2023 be approved as a correct record.

Members are requested to make any declarations of disclosable pecuniary, personal and/or prejudicial interests they might have in respect of matters on the agenda for this meeting.

There were no declarations of interest.

In accordance with Chichester District Council’s scheme for public question time the Cabinet will receive any questions which have been submitted by members of the public in writing by noon two working days before the meeting. Each questioner will be given up to three minutes to ask their question. The total time allocated for public question time is 15 minutes subject to the Chair’s discretion to extend that period.

The following questions and answers were heard:

Question from Tony Corkett (read by Democratic Services):

Agenda Item 12:

Would the Cabinet members suggest a site visit for a delegation from the full council to the farm track opposite the primary school on Crooked Lane which is being considered for a CPO to make an access route to a small housing development?

If so could this visit be at school drop off or pick up times before the full Council vote is taken?

Answer from Cllr Sutton:

Thank you for your question. Members can visit the site freely at any time of day should they wish to and I have visited the site at the time suggested. As such a formal site visit would appear unnecessary. Please be assured that when the planning application was considered the Planning Committee at the time did visit the site when considering the merits of the planning application albeit with a change in membership since.

Question fromDavid Williams, Chairman of Birdham Village Residents Association:

Agenda Item 12:

The public is unfortunately in the dark as to what you will discuss today as relevant paperwork is restricted. However at the end you will be making a recommendation to the Full Council. If this matter proceeds to a CPO, because of the public interest and opposition, it will probably end up as a public enquiry where itemswill be in the public domain.

These are the facts we know:

The person that sold the site to Hyde, made a Statuary Declaration to the Land Registry in January 2010 claiming he had a Right of Way to use the track to Crooked Lane.

Once this Declaration was seen by the public its accuracy was challenged, resulting in the Land Registry removing this claimed Right of Way from the title deeds in October 2012

Hyde bought the site in January 2014 so should have been aware that the site had no Right of Way to use the track. During the planning process this fact was ignored, and classified as a “private legal matter”.

Under 2012 version of NPPF para 173: sites should be deliverable.

Most would consider a site without an access as not deliverable.

This site got its planning approval as an exception site, which comes with its own set of rules.

One of which is that it is for Birdham residents only.

That is someone with a Birdham connection, not someone on the Council housing list from say Donnington.

Birdham never has had a need for this development.

Now many years later, your here today to probably decide whether to recommend to full Council the use of a CPO’s “Draconian Powers” that’s your legal teams words from the meeting when you last discussed this.

And don’t be thinking that because Hyde have agreed to underwrite the cost of all this, so it does not appear on the council’s budget, that you are not spending taxpayer’s money. Remember Hyde get some of their income from Housing  ...  view the full minutes text for item 91.

The Cabinet is requested to consider the report and its appendices and recommended to Council the recommendations of the Independent Renumeration Panel.

*RECOMMENDATION TO COUNCIL

That the Cabinet recommends to Council the recommendations of the Independent Renumeration Panel.

Cllr Wilding introduced the report. Cllr Lintill also welcomed Mr Bevis and Mr Thompson from the Independent Renumeration Panel.

Cllr Lintill asked Mr Bevis and Mr Thompson to clarify the reason for the additional £100 per member of a political group for opposition party leaders with groups of more than two members. Mr Bevis and Mr Thompson explained that consideration had been given to the role of the opposition Leader and how the increase could help the role be carried out most effectively. Cllr Plant questioned why it did not apply to the Leader of the majority party. Cllr Lintill confirmed it was for the opposition group leaders.

Cllr Wilding asked for more information relating to members who have further to travel to East Pallant House and the time that costs. Cllr Taylor noted that all members can claim the 65p per mile for their council related journeys. Mr Bevis and Mr Thompson explained that it would be difficult to measure and cost back to members.

In a vote the following recommendation to Council was agreed:

RECOMMENDATION TO COUNCIL

That the Cabinet recommendations to Council the recommendations of the Independent Renumeration Panel.

The Cabinet is requested to consider the report and its appendices and make the following recommendation to Council:

That the Council be recommended to publish the Senior Staff Pay Policy Statement 2023-2024.

*RECOMMENDED TO COUNCIL

That the Council be recommended to publish the Senior Staff Pay Policy Statement 2023-2024.

Cllr Wilding introduced the report.

In a vote the following recommendation to Council was agreed:

RECOMMENDED TO COUNCIL

That the Council be recommended to publish the Senior Staff Pay Policy Statement 2023-2024.

The Cabinet is requested to consider the report and make the following resolutions:

1.    That Cabinet approves the release of £35,000 from general fund reserves to enable the development of the project by appointing a design team and preparing and issuing tender documentation for a procurement exercise.

2.    That following the receipt of tender prices, a further report is brought to Cabinet on completion of the cost/benefit assessment.

RESOLVED

1.    That Cabinet approves the release of £35,000 from general fund reserves to enable the development of the project by appointing a design team and preparing and issuing tender documentation for a procurement exercise.

2.    That following the receipt of tender prices, a further report is brought to Cabinet on completion of the cost/benefit assessment.

Cllr Dignum introduced the report.

In a vote the following resolutions were agreed:

RESOLVED

1.    That Cabinet approves the release of £35,000 from general fund reserves to enable the development of the project by appointing a design team and preparing and issuing tender documentation for a procurement exercise.

2.    That following the receipt of tender prices, a further report is brought to Cabinet on completion of the cost/benefit assessment.

The Cabinet is requested to consider the report and its appendix and make the following resolution:

That Cabinet notes the positive outcomes of the project to improve the energy efficiency and thermal comfort  at Westward House, Chichester as set out in the Post Project Evaluation Document attached at the appendix.

RESOLVED

That Cabinet notes the positive outcomes of the project to improve the energy efficiency and thermal comfort at Westward House, Chichester as set out in the Post Project Evaluation Document attached at the appendix.

Cllr Sutton introduced the report.

In a vote the following resolution was agreed:

RESOLVED

That Cabinet notes the positive outcomes of the project to improve the energy efficiency and thermal comfort at Westward House, Chichester as set out in the Post Project Evaluation Document attached at the appendix.

a)    Items added to the agenda papers and made available for public inspection

b)    Items which the Chair has agreed should be taken as matters of urgency by reason of special circumstances to be reported at the meeting

There were no late items.

The Cabinet is asked to consider in respect of agenda items 11, 12, 13, 14 and 15 whether the public including the press should be excluded from the meeting on the following ground of exemption in Schedule 12A to the Local Government Act 1972 namely Paragraph 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information)) and because, in all the circumstances of the case, the public interest in maintaining the exemption of that information outweighs the public interest in disclosing the information.

[Note The report and its appendices within this part of the agenda are attached for members of the Council and relevant only (printed on salmon paper)]

Cllr Lintill proposed the Part II resolution in relation to agenda items 11, 12, 13 14 and 15. This was seconded by Cllr Taylor.

In a vote the following resolution was agreed:

That in respect of agenda items 11, 12, 13, 14 and 15 that the public including the press should be excluded from the meeting on the grounds of exemption in Schedule 12A to the Local Government Act 1972 namely paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) and because in all the circumstances of the case, the public interest in maintaining the information outweighs the public interest in disclosing the information.   

The Cabinet is requested to consider the exempt report and its appendix and make the resolutions as set out in sections 2.1 and 2.2 of the report.

RESOLVED

That the resolutions as set out in sections 2.1 and 2.2 of the report as amended be agreed.

Cllr Plant introduced the item.

Cllr Wilding asked a point of clarification.

In a vote the following resolutions were agreed:

RESOLVED

That the resolutions as set out in sections 2.1 and 2.2 of the report as amended be agreed.

The Cabinet is requested to consider the exempt report and its appendices and make the recommendations to Council as set out in sections 3.1 and 3.2 of the report.

*RECOMMENDED TO COUNCIL

That the resolutions as set out in sections 3.1 and 3.2 of the report be agreed.

Cllr Sutton introduced the report.

Cllr Taylor then commented.

Mr Bennett the Monitoring Officer provided legal advice.

Cllr Oakley who had requested to speak was invited to do so by Cllr Lintill.

Questions were received by members of the Cabinet with officers providing response.

In a vote the following recommendations to Council were agreed:

RECOMMENDED TO COUNCIL

That the resolutions as set out in sections 3.1 and 3.2 of the report be agreed.

The Cabinet is requested to consider the report and make the resolutions as set out in sections 2.1 and 2.2 of the report.

*RECOMMENDED TO COUNCIL

That the resolutions as set out in sections 2.1 and 2.2 of the report as amended be agreed.

Cllr Briscoe introduced the report.

In a vote the following recommendations to Council were agreed:

RECOMMENDED TO COUNCIL

That the resolutions as set out in sections 2.1 and 2.2 of the report as amended be agreed.

The Cabinet is requested to consider the exempt report and its appendices and make the recommendation to Council as set out in section 2.1 of the report.

*RECOMMENDED TO COUNCIL

That the resolution as set out in section 2.1 of the report be agreed.

Cllr Dignum introduced the report.

Cllr Sutton declared a personal interest.

In a vote the following recommendation to Council was agreed:

RECOMMENDED TO COUNCIL

That the resolution as set out in section 2.1 of the report be agreed.

The Cabinet is requested to consider the exempt report and its appendices and make the recommendation to Council as set out in section 2.1 of the report.

*RECOMMENDED TO COUNCIL

That the resolution as set out in section 2.1 of the report be agreed.

Cllr Dignum introduced the item.

In a vote the following recommendation to Council was agreed:

RECOMMENDED TO COUNCIL

That the resolution as set out in section 2.1 of the report be agreed.