Agenda, decisions and minutes

The chairman 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 agenda item 11 b).

[DETAILS IN THE MINUTES]

Mr Dignum welcomed the members of the public, the press representatives and Chichester District Council (CDC) members and officers who were present for this meeting. He summarised the emergency evacuation procedure.

Mrs Kilby had submitted her apologies for absence.

All other members of the Cabinet were present.

Mr Dignum drew members’ attention to the fact that there were several confidential exempt Part II appendices to Part I reports (agenda items 5, 6, 7 and 8) and emphasised that their contents must not be discussed in the public domain. 

There were no late items for consideration.

[Note Hereinafter in these minutes CDC denotes Chichester District Council]

[Note Minute paras 504 to 515 below summarise the Cabinet’s discussion of and decision on agenda items 2 to 13 inclusive but for full details of the items considered in the public session please refer to the audio recording facility via this link:

http://chichester.moderngov.co.uk/ieListDocuments.aspx?CId=135&MId=979&Ver=4]

The Cabinet is requested to approve as a correct record the minutes of its meeting on Tuesday 6 March 2018.

RESOLVED

That the minutes of the Cabinet’s meeting on Tuesday 6 March 2018 be approved without amendment.

The Cabinet received the minutes of its meeting on Tuesday 6 March 2018, which had been circulated with the agenda.

There were no proposed changes to the minutes.

Decision

The Cabinet voted unanimously on a show of hands to approve the aforesaid minutes without making any amendments.

RESOLVED

That the minutes of the Cabinet’s meeting on Tuesday 6 March 2018 be approved.

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.

[NONE]

No declarations of interests were made at this meeting by Cabinet members or by any members who were present as observers.

In accordance with Chichester District Council’s scheme for public question time and with reference with to standing order 6 in Part 4 A and section 5.6 in Part 5 of the Chichester District Council Constitution, the Cabinet will receive any questions which have been submitted by members of the public in writing by noon on the previous working day. The total time allocated for public question time is 15 minutes subject to the chairman’s discretion to extend that period.

[NO PUBLIC QUESTIONS WERE SUBMITTED FOR THIS MEETING]

No public questions had been submitted for this meeting.

The Cabinet is requested to consider the agenda report and its appendix which is Part II restricted* for the information of members and relevant officers only (printed on salmon paper), and to make the following recommendation to the Council:

That the Council approves the release of £183,938.44 Section 106 Community Facilities monies plus interest accrued to the date of release to Donnington Parochial Church Council for an extension to Donnington Parish Hall.

[*Note Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Part I of Schedule 12A to the Local Government Act 1972]

RECOMMENDED TO THE COUNCIL

That the release of £183,938.44 section 106 Community Facilities monies, plus interest accrued to the date of release, to Donnington Parochial Church Council for an extension to Donnington Parish Hall be approved.

[Note In order to accommodate the availability of a CDC member who would be asking a question with reference to agenda item 6 (Risk Management), Mr Dignum said that that item (minute 508) would be taken before this one but in these minutes the published order of business is observed]

The Cabinet received and considered the agenda report and also its confidential exempt Part II appendix, which had been circulated to members and relevant officers only.  

This item was introduced by Mrs Lintill.

Mr Hyland was in attendance for this matter.

In commending to the Cabinet the proposed funding to assist Donnington Parochial Church Council (DPCC) in undertaking the first stage of improvement works to Donnington Parish Hall, which was a well-used community facility, Mrs Lintill summarised sections 3, 5 and 8 of the report. She updated paras 8.1 and 8.2 of the report respectively by advising that (a) the Grants and Concessions Panel had approved a grant of £10,000 to DPCC towards the project and (b) she had approved the section 106 community facilities contribution of £33,990-40 plus interest. She pointed out that DPCC would be covering the shortfall in funding in order to meet the project costs.

Members spoke in support of the release of the section 106 community facilities funding.

In reply to a question Mr Hyland outlined the future stages of the redevelopment project.        

Decision

The Cabinet voted unanimously on a show of hands to make the recommendation to the Council set out below. 

RECOMMENDED TO THE COUNCIL

That the Council approves the release of £183,938.44 section 106 Community Facilities monies plus interest accrued to the date of release to Donnington Parochial Church Council for an extension to Donnington Parish Hall.

The Cabinet is requested to consider the agenda reportand its six appendices, of which appendix 2(b) is Part II restricted* for the information of members and relevant officers only (printed on salmon paper), and to make (a) the following recommendation to the Council and (b) in addition resolutions with regard to the matters indicated:

A - RECOMMENDATION TO THE COUNCIL

That the updated Risk Management Policy and Strategy be approved.

B - RESOLUTIONS BY THE CABINET

1)          That the current strategic risk register and the internal controls in place, plus any associated action plans to manage those risks be noted, and to raise any issues or concerns.

2)          That the current high scoring programme board and organisational risks and the associated mitigation actions in place be noted, and to raise any issues or concerns.

[*Note Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Part I of Schedule 12A to the Local Government Act 1972]

RECOMMENDED TO THE COUNCIL

That the updated Risk Management Policy and Strategy, including the amendments made by the Corporate Governance and Audit Committee, be approved.

RESOLVED BY THE CABINET

(1)  That the current strategic risk register and the internal controls in place, plus any associated action plans to manage those risks, including the amendments made by the Corporate Governance and Audit Committee, be noted.

(2)  Both the current high scoring programme board and organisational risks and the associated mitigation actions in place, including the amendments made by the Corporate Governance and Audit Committee, be noted.

[Note In order to accommodate the availability of a CDC member who wished to ask a question with reference to this agenda item Mr Dignum said that it would be taken before agenda item 5 (minute 507) although in these minutes the published order of business is observed]

The Cabinet received and considered the agenda report and its four appendices, the second part of the second appendix being confidential exempt Part II material circulated to members and relevant officers only.  

This item was introduced by Mr Wilding.

Mr Ward was available to answer questions on this matter.

Mr Wilding explained that the report principally drew to the Cabinet’s attention the changes which were being proposed to CDC’s Risk Management Policy and Strategy (pages 23 to 35), last updated in 2014, for recommendation to the Council. The main changes were necessary to reflect the new CDC senior management structure. CDC’s Strategic Risk Group and Corporate Governance and Audit Committee (CGAC) had each scrutinised the changes. The CGAC had recommended on 29 March 2018 some further minor amendments which were set out in a draft minute extract (circulated in hard copy to the Cabinet at the start of this meeting), which he supported. The report also contained (pages 36 to 64) details of the current Strategic Risk Register, any high scoring risks for the Programme Boards and organisational risks, including the mitigation actions in place to help manage those risks. These were reviewed on a quarterly basis. The Risk Management Framework (page 35) delineated the roles, responsibilities, reporting lines, escalation routes and on-going monitoring procedures. The foregoing reflected the established process to ensure that risk management was embedded throughout CDC to help in securing delivery of its Corporate Plan objectives and individual services to the community. Members could thereby be assured that risks were identified, considered and managed appropriately in accordance with the approved strategy.

Mr Dignum emphasised the thoroughness of the review which had been undertaken and repeated Mr Wilding’s affirmation that the CGAC’s proposed changes were endorsed.

Mr Barrow raised two points with regard to the Strategic Risk Register:

(1)  CRR 88 – Non Achievement of Recycling Target of 50% by 2020 (page 50): whether the risk of CDC not achieving the 50% recycling target by 2020 could be affected by decisions taken by the West Sussex County Council partnership of waste and recycling collection authorities. Mrs Shepherd said that the risk had been carefully considered by the responsible officer for this matter and by SLT, and it was subject to a quarterly review which would take account of any changes which might affect the risk scoring. The recycling rate trajectory was pleasing. There were a range of initiatives being led by Mr Barrow and Mr Connor.  Mr Dignum observed that the current recycling rate of 45% was expected to be enhanced by an additional 2.5% for additional green waste collected.

(2)  CRR 149 - Impact of Universal Credit (UC) on working claimants across the district (page 57):  ...  view the full minutes text for item 508.

The Cabinet is requested to consider the agenda reportand its five appendices, the fourth of which is Part II restricted* for the information of members and relevant officers only (printed on salmon paper), and to make the following resolutions:

1)          That the carrying out of a land referencing exercise in respect of the small area of land (identified in appendix 3), to be funded by Hyde group, be approved.

2)          That, on completion of the land referencing exercise, it be approved that a further report to the Council be prepared by officers as to whether the acquisition of the land and interests or rights in respect of that land is justified on the grounds that it is in the public interest and considering the relevant statutory compulsory purchase powers.

3)          That the authorisation of officers to undertake the next steps as set out in section 6 of the report be approved in order that any decision by the Council can be carried through promptly.

4)          That officers be authorised to spend up to £27,000, on the basis that this will be reimbursed by Hyde pursuant to a deed of indemnity as to costs in respect of the legal, land referencing and other costs related to the steps set out in section 6 of the report.

[*Note Paragraph 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) of Part I of Schedule 12A to the Local Government Act 1972]

RESOLVED BY THE CABINET

(1)  That the carrying out of a land referencing exercise in respect of the  small area of land (identified in appendix 3) to be funded by Hyde group be approved.

(2)  That on completion of the land referencing exercise a further report to the Council be prepared by officers as to whether the acquisition of the land and interests or rights in respect of that land is justified on the grounds that it is in the public interest and considering the relevant statutory compulsory purchase powers.

(3)  That officers be authorised to undertake the next steps as set out in section 6 of the agenda report in order that any decision by the Council can be carried through promptly.

(4)  That officers be authorised to spend up to £27,000, on the basis that this will be reimbursed by Hyde pursuant to a deed of indemnity as to costs in respect of the legal, land referencing and other costs related to the steps set out in section 6 of the agenda report.

The Cabinet received and considered the agenda report and its five appendices, the fourth of which was confidential exempt Part II information and was circulated to members and relevant officers only.  

This item was introduced by Mrs Taylor in the absence of Mrs Kilby.

Miss Nicol, Mrs Grange and Mr Bennett were in attendance for this matter.

Mrs Taylor said that the recommendations in section 2 of the report were intended to facilitate the delivery of the affordable housing scheme for 15 new affordable dwellings (the mix was listed in para 4.2 of the report) on the subject site (brought forward through the Chichester Rural Partnership) via compulsory purchase of the site access, the issues in respect of which were explained in section 4 of the report. In view of the uncertainty over legal ownership of the access, Hyde had formally requested that CDC deploy its compulsory purchase (CP) powers. The intention was that, if approved by the Cabinet, officers would investigate the merits of pursuing CP in this case.

Mrs Grange summarised the current local housing need position, which the delivery of this scheme would help to address.

Miss Nicol advised that there was a correction to the indicative timetable in para 6.10 of the report: for Q1 2020 (last entry) the words ‘Target start on site’ should be replaced with ‘Recommencement of development work’. The Cabinet noted this textual amendment.

Mr Connor queried the correct construction to be placed upon the second sentence in para 8.4 of the report as he wished to be reassured that the cost of the CP process would not be borne by CDC.     

In reply, Mr Bennett confirmed that Hyde would be responsible for underwriting the costs of pursuing a CP order (para 6.2 of the report) in order to achieve the very important social purpose of providing affordable housing within the local community. He conceded that the second sentence in para 8.4 required clarification. He said that the concluding words ‘, subject to the Council being satisfied that the acquisition of each interest or right to be acquired is justifiable in the public interest’ ought to form part of the preceding sentence. The opening words ‘This [ie the costs incurred] would then be reimbursed by Hyde’ should constitute a separate and final sentence in their own right.

In response to a question by Mr Barrow, Mrs Taylor said that the opportunity for local residents to make representations about the development of this site for housing was not now but had been prior to the grant of planning permission in 2013 (para 4.2 of the report). She summarised the relevant planning history as set out in section 4 of the report.                   

Decision

The Cabinet voted unanimously on a show of hands to make the resolutions set out below. 

RESOLVED BY THE CABINET

(1)  That the carrying out of a land referencing exercise in respect of the  small area of land (identified in appendix 3) to be funded by Hyde group be approved.

(2)  ...  view the full minutes text for item 509.

The Cabinet is requested to consider the agenda reportand its appendix which is Part II restricted* for the information of members and relevant officers only (printed on salmon paper), and to make the following resolution:

That the award of the contract to contractor 3 for the provision of staff to enable the continuation of the CCTV service in Chichester District be approved.

 [*Note Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Part I of Schedule 12A to the Local Government Act 1972]

RESOLVED BY THE CABINET

That the award of the contract to contractor 3 for the provision of staff to enable the continuation of the CCTV service in Chichester District be approved.

The Cabinet received and considered the agenda report and its confidential exempt Part II appendix which had been circulated to members and relevant officers only.  

This item was introduced by Mrs Lintill.

Mrs Bushby was in attendance for this matter.

Mrs Lintill summarised sections 3, 5 and 7 of the report with reference to the benefits secured by, the community’s high regard for and appreciation of the CCTV service, and the justification for continuing the service beyond the expiry of the contract period and in favour of the stated contractor.    

Mrs Bushby did not add to Mrs Lintill’s introduction.

Mr Dignum emphasised the importance of the CCTV service, alluded to the alternative options in section 6 of the report and expressed the hope that consideration would be given when settling the terms of the new contract to increasing the flexibility of the hours of operation.

Decision

The Cabinet voted unanimously on a show of hands to make the resolution set out below. 

RESOLVED BY THE CABINET

That the award of the contract to contractor 3 for the provision of staff to enable the continuation of the CCTV service in Chichester District be approved.

The Cabinet is requested to consider the agenda report and its appendix and, as recommended by the Corporate Governance and Audit Committee, subject to any amendments agreed at its meeting on 29 March 2018, to make the following resolution:

That the requests for budgets to be carried forward to 2018-19 totalling £90,000, be approved.

RESOLVED BY THE CABINET

That the requests for budgets to be carried forward to 2018-2019 totalling £90,000, as recommended by the Corporate Governance and Audit Committee at its meeting on 29 March 2018, be approved.

The Cabinet received and considered the agenda report and its appendix which had been circulated in the agenda supplement.

This item was introduced by Mr Wilding.

Mr Ward was available to answer questions on this matter.

Mr Wilding commended for the Cabinet’s approval the schedule appended to the report with the four carry forward request items totalling over £90,000 for the 2018-2019 financial year. The requested items and the reasons for them were valid. The list had been filtered by several layers of management: (a) the budget managers who had generated the requests in respect of the unspent balances which they exceptionally wished to carry over in CDC’s interests; (b) Mr Ward (Director of Corporate Services and the Section 151 Officer) and Mrs Shepherd (Chief Executive) had examined the requests and deleted those which they did not support; and (c) the Corporate Governance and Audit Committee had reviewed the list and satisfied itself that they were appropriate.

Mr Dignum expressed his support for the requests.

Mr Barrow explained the nature and purpose of binfrastructure review (the second of the two requests submitted by Chichester Contract Services). In reply to Mr Connor, he confirmed that the review would include considering the use of non-corroding materials to replace metal for dog waste bins in coastal areas. He pointed out that dog waste could now be placed in general refuse bins. 

Decision

The Cabinet voted unanimously on a show of hands to make the resolution set out below. 

RESOLVED BY THE CABINET

That the requests for budgets to be carried forward to 2018-2019 totalling £90,000, as recommended by the Corporate Governance and Audit Committee at its meeting on 29 March 2018, be approved.

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

1)          That Mr Adrian Moss takes the vacant seat on the Joint Employee Consultative Panel. 

2)          That Mr Adrian Moss replaces Mr Richard Plowman on the Development Plan and Infrastructure Panel.

RESOLVED BY THE CABINET

(1)  That Adrian Moss takes the vacant seat on the Joint Employee Consultative Panel. 

(2)  That Adrian Moss replaces Richard Plowman on the Development Plan and Infrastructure Panel.

The Cabinet received and considered the agenda report.

This item was introduced by Mr Dignum.

The Cabinet proceeded immediately to the recommendation.

Decision

The Cabinet voted unanimously on a show of hands to make the resolution set out below.

RESOLVED BY THE CABINET

(1)  That Adrian Moss takes the vacant seat on the Joint Employee Consultative Panel. 

(2)  That Adrian Moss replaces Richard Plowman on the Development Plan and Infrastructure Panel.

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

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

[NONE]

There were no late items for consideration at this meeting.

The Cabinet might be asked to discuss the following items in exempt business in which case it will need to consider making a resolution as to whether the public including the press should be excluded from the meeting on the grounds of exemption against each item relating to Schedule 12A to the Local Government Act 1972 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.

Information relating to Paragraph 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information))

-          Part II restricted appendix 1 to the Part I report for agenda item 5 (Section 106 Community Facilities – Donnington Parish Hall)

-          Part II restricted appendix 2(b) to the Part I report for agenda item 6 (Risk Management)

-          Part II restricted appendix 1 to the Part I report for agenda item 8 (CCTV)

-          Part II report in respect of agenda item 13 (Expansion of Green Waste Service)

Information relating to Paragraph 5 (Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings)

-          Part II restricted appendix4 to the Part I report for agenda item 7 (Enabling the Delivery of Affordable Housing on the Crooked Lane Birdham Exception Site),

[Note The restricted information above is attached for Chichester District Council members and relevant officers only (printed on salmon paper)]

RESOLVED BY THE CABINET

That in accordance with section 100A of the Local Government Act 1972 (the Act) the public and the press be excluded from the meeting during the consideration of agenda item 13 (Expansion of Green Waste Service) for the reason that it is likely in view of the nature of the business to be transacted that there would be disclosure to the public of ‘exempt information’ being information of the nature described in Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) in Part I of Schedule 12A to the Act and because in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED BY THE CABINET

That in accordance with section 100A of the Local Government Act 1972 (the Act) the public and the press be excluded from the meeting during the consideration of agenda item 13 (Expansion of Green Waste Service) for the reason that it is likely in view of the nature of the business to be transacted that there would be disclosure to the public of ‘exempt information’ being information of the nature described in Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) in Part I of Schedule 12A to the Act and because in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

The Cabinet is requested to consider the agenda report which is Part II restricted* and to make the following resolutions:

1)          That the purchase of an additional vehicle to expand the green waste collection service be approved.

2)          That the growth of £19,000 per annum in the asset replacement programme to fund the future replacement of the additional vehicle, funded from additional income generated by the expanded service, be approved.

[*Note Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Part I of Schedule 12A to the Local Government Act 1972]

RESOLVED BY THE CABINET

(1)  That the purchase of an additional vehicle to expand the green waste collection service be approved.

(2)  That the growth of £19,000 per annum in the asset replacement programme to fund the future replacement of the additional vehicle be met from additional income generated by the expanded service.

The Cabinet considered the confidential Part II agenda report which had been circulated to members and relevant officers only.

The report was presented by Mr Barrow.

Mr Riley was in attendance for this item.

Mr Barrow summarised the contents of the report. 

Mr Riley emphasised the importance to CDC of the increasing volume of green waste being collected in view of the amount of dry recyclable materials being recovered having reached a plateau.

The Cabinet commended the very satisfactory and sensible proposal to acquire the new vehicle.    

Decision

The Cabinet voted unanimously on a show of hands in favour of making the resolutions set out below.

RESOLVED BY THE CABINET

(1)  That the purchase of an additional vehicle to expand the green waste collection service be approved.

(2)  That the growth of £19,000 per annum in the asset replacement programme to fund the future replacement of the additional vehicle be met from additional income generated by the expanded service.