Agenda, decisions and minutes

Cabinet
Tuesday 2 October 2018 9.30 am

Venue: Committee Room 2, East Pallant House. View directions

Contact: Graham Thrussell on 01243 534653  Email:  gthrussell@chichester.gov.uk

Items
No. Item

575.

Chairman's Announcements

The chairman will:

 

·       make any specific announcements for this meeting and

 

·       advise of any late items for consideration under agenda item 15 (a) or (b).

 

Apologies for absence will be taken at this point.

 

Decision:

[DETAILS IN THE MINUTES]

 

Minutes:

Mr Dignum greeted the members of the public and Chichester District Council (CDC) members and officers and the two press representatives who were present for this meeting.

 

There were no apologies for absence and all members of the Cabinet were present.

 

There were no late items for consideration.

 

Mr Dignum had no specific announcements to make.

 

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

 

[Note Minute paras 576 to 592 below summarise the Cabinet’s discussion of and decision on agenda items 2 to 18 inclusive but for full details of the items considered in 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]

576.

Approval of Minutes pdf icon PDF 245 KB

The Cabinet is requested to approve as a correct record the minutes of its meeting on Tuesday 4 September 2018, a copy of which is circulated with this agenda.

 

Decision:

RESOLVED

 

That the minutes of the Cabinet’s meeting on Tuesday 4 September 2018 be approved without amendment.

 

Minutes:

The Cabinet received the minutes of its meeting on Tuesday 4 September 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 4 September 2018 be approved without amendment.

577.

Declarations of Interests

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

Decision:

[DETAILS IN THE MINUTES OF PREJUDICIAL INTERESTS DECLARED BY MR DIGNUM AND MRS KILBY FOR AGENDA ITEM 6]

 

 

Minutes:

Mr Dignum declared a personal and prejudicial interest in respect of agenda item 6 (Chichester BID Alteration Ballot) as he was a director on the Chichester Business Improvement District Board.

 

Mrs Kilby declared a personal and prejudicial interest in respect of agenda item 6 (Chichester BID Alteration Ballot) as she had been appointed by CDC as a substitute member on the Chichester Business Improvement District Board.

 

 

 

578.

Public Question Time

In accordance with Chichester District Council’s scheme for public question time and with reference 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 12:00 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.

Decision:

[NONE]

 

Minutes:

No public questions had been submitted for this meeting. 

 

 

579.

Allocation of Affordable Housing Commuted Sums pdf icon PDF 56 KB

The Cabinet is requested to consider the agenda report and to make the recommendation to the Council set out below:

 

That the allocation of £165,000 commuted sum monies to Windsor and District Housing Association Ltd (Radian) to fund the delivery of eight additional affordable units at Flat Farm Hambrook be approved.

Decision:

RECOMMENDED TO THE COUNCIL

 

That the Council approves the allocation of £165,000 commuted sum monies to Windsor and District Housing Association Ltd (Radian) to fund the delivery of eight additional affordable units at Flat Farm Hambrook.

 

 

Minutes:

The Cabinet received and considered the agenda report.

 

This item was presented by Mrs Kilby.

 

Ms Nicol and Mrs Grange were in attendance for this matter.

 

Mrs Kilby summarised the report. CDC currently held just under £1.2 m unallocated commuted sum monies, which had been received by developers when on-site affordable units were impossible to provide eg when the contribution due was for only a fraction of a unit. This commuted sum fund was set aside solely to enable affordable housing. Of the £1.2 m, just over £221,000 had been received from schemes in the parish of Chidham and Hambrook. Radian Housing Association had obtained planning permission to demolish an existing house and to develop 11 new homes. Three of those units were secured as shared ownership affordable housing within the section 106 agreement, with the rest to be market sale homes. Practical completion of the site was expected at the end of October 2018. However, due to issues of mortgage availability on the site Radian was willing to deliver all of the units as affordable rented properties. Accordingly, it had applied to vary the section 106 agreement and the usual consultations would take place before any decision was made. As the scheme was acquired as a market site, Radian needed a £165,000 grant to supplement that which had already been awarded from central government to enable the viability of an affordable housing scheme. This was a great cost-effective opportunity to provide more much-needed high quality affordable housing for local people. There were currently 17 households on CDC’s housing register which claimed a local connection to the Chidham and Hambrook parish. As there were no other affordable rented units programmed for the parish up to 2029, this could be the last chance for an appreciable time for local people to be housed within that area. It was a fitting opportunity to allocate £165,000 of the sums received from the developments within Chidham and Hambrook parish, thereby enabling the parish to benefit directly from earlier development.

 

Ms Nicol and Mrs Grange did not add to Mrs Kilby’s introduction.

 

Ms Nicol replied to members’ questions with regard to (a) mortgage availability issues (para 3.2 of the report) and (b) nomination agreement rights (para 4.3). As to (a), this was to do with the mortgagees’’ reticence to lend because of the proximity of pylons to the properties notwithstanding that they did not pose any risk or danger. As to (b), the usual nomination rights arrangements would apply ie 100% of initial lets followed by at least 75% of all vacancies thereafter.       

 

Decision

 

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

 

RECOMMENDED TO THE COUNCIL

 

That the Council approves the allocation of £165,000 commuted sum monies to Windsor and District Housing Association Ltd (Radian) to fund the delivery of eight additional affordable units at Flat Farm Hambrook.

 

 

 

580.

Chichester BID Alteration Ballot pdf icon PDF 77 KB

The Cabinet is requested to consider the agenda report and to make the two resolutions and additionally the recommendation to the Council as set out below:

 

A – RESOLUTIONS BY THE CABINET

 

(1)  Following the request from Chichester BID that an Alteration Ballot be held, that the Ballot Holder (Chichester District Council’s Chief Executive) be instructed to hold the ballot.

 

(2)  That having approved the request in (1), the change to the new administrative vehicle for the BID to operate as Chichester BID Limited in the Alteration Ballot be supported.

 

B – RECOMMENDATION TO THE COUNCIL

 

That following the approval in A (1) and (2) above, the Council delegates authority to the Deputy Leader to vote in accordance with Cabinet’s decision in relation to the Alteration Ballot.

 

 

Decision:

RESOLVED

 

(1)  Following the request from Chichester BID that an Alteration Ballot be held, that the Ballot Holder (Chichester District Council’s Chief Executive) be instructed to hold the ballot.

 

(2)  That having approved the request in (1), the change to the new administrative vehicle for the BID to operate as Chichester BID Limited in the Alteration Ballot be supported.

 

RECOMMENDED TO THE COUNCIL

 

That the Council delegates authority to the Deputy Leader to vote in accordance with Cabinet’s decision in relation to the Alteration Ballot.

 

 

Minutes:

[Note Immediately prior to the start of this item Mr Dignum and Mrs Kilby withdrew from the committee table and sat in the public seating in area, in accordance with their respective declarations of having a prejudicial interest as recorded in minute 577 above, and they played no part in the discussion of and decision on this matter]

 

This item was chaired by Mrs Lintill (Deputy Leader of the Council and Cabinet Member for Community Services). 

 

The Cabinet received and considered the agenda report.

 

This item was presented by Mrs Lintill.

 

Mrs Murphy was in attendance for this matter.

 

Mrs Lintill summarised sections 3 and 4 of the report.

 

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

 

In reply to a member’s question Mrs Murphy elaborated briefly on the court case earlier in the year which gave rise to the need now for an alteration ballot to take place.

 

Decision

 

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

 

RESOLVED

 

(1)  Following the request from Chichester BID that an Alteration Ballot be held, that the Ballot Holder (Chichester District Council’s Chief Executive) be instructed to hold the ballot.

 

(2)  That having approved the request in (1), the change to the new administrative vehicle for the BID to operate as Chichester BID Limited in the Alteration Ballot be supported.

 

RECOMMENDED TO THE COUNCIL

 

That the Council delegates authority to the Deputy Leader to vote in accordance with Cabinet’s decision in relation to the Alteration Ballot.

 

[Note At the end of this item Mr Dignum and Mrs Kilby returned to their places at the committee table, Mrs Lintill vacated the chairman’s seat and Mr Dignum resumed chairing the remainder of this meeting]

 

581.

Tower Street Chichester Public Conveniences Refurbishment pdf icon PDF 59 KB

The Cabinet is requested to consider the agenda report and its appendix in the agenda supplement and to make the resolution and additionally the recommendation to the Council as set out below:

 

A – RESOLUTION BY THE CABINET

 

That the PID for Tower Street Public Conveniences (appended to the agenda report) in order to refurbish the facilities, create a new disabled facility and resolve the drainage issues be approved.

 

B – RECOMMENDATION TO THE COUNCIL

 

That an additional budget allocation of £65,000 from Reserves to supplement the existing Asset Replacement Programme budget of £80,000 for the project be approved.

Additional documents:

Decision:

RESOLVED

 

That the PID for Tower Street Public Conveniences (appended to the agenda report) in order to refurbish the facilities, create a new disabled facility and resolve the drainage issues be approved.

 

RECOMMENDED TO THE COUNCIL

 

That the Council approves an additional budget allocation of £65,000 from Reserves to supplement the existing Asset Replacement Programme budget of £80,000 for the project.

 

Minutes:

The Cabinet received and considered the agenda report and its appendix in the agenda supplement.

 

This item was presented by Mr Dignum.

 

Mrs Murphy was in attendance for this matter.

 

Mr Dignum summarised the report. In endorsing the recommendations to the Cabinet, he summarised sections 3 and 4.

 

Mrs Murphy commented on para 3.4 of the report.

 

Members spoke strongly in support of the need for this essential and long overdue renovation of these public conveniences, which were located in a prime tourist location. 

 

In reply to a member’s question, Mrs Murphy said that it was hoped that the works could commence in 2019 and during the refurbishment there would be redirection signs to alternative facilities.

 

Decision

 

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

 

RESOLVED

 

That the PID for Tower Street Public Conveniences (appended to the agenda report) in order to refurbish the facilities, create a new disabled facility and resolve the drainage issues be approved.

 

RECOMMENDED TO THE COUNCIL

 

That the Council approves an additional budget allocation of £65,000 from Reserves to supplement the existing Asset Replacement Programme budget of £80,000 for the project.

 

582.

Approval of the Draft Infrastructure Business Plan 2019-2024 for Consultation with the City, Town and Parish Councils and Key Infrastructure Delivery Commissioners pdf icon PDF 68 KB

The Cabinet is requested to consider the agenda report and its four appendices in the agenda supplements* and to make the resolution set out below:

 

That the draft Infrastructure Business Plan 2019-24 (appendix 1 to the agenda report) be approved for consultation with the city, town and parish councils, neighbouring local authorities including the South Downs National Park Authority and key infrastructure delivery commissioners) for a period of six weeks from 8 October to 19 November 2018.

 

*[Note (1) The first appendix is in the second agenda supplement and is available for online viewing only but one hard copy will be placed in the Members Room at East Pallant House and (2) the second, third and fourth appendices are circulated in the main agenda supplement]

 

 

NOTE TO CHICHESTER DISTRICT COUNCIL MEMBERS

 

The draft Infrastructure Business Plan (IBP) for 2019-2020 was reported to the Development Plan and Infrastructure Panel on Thursday 13 September 2018.

 

The Cabinet at this meeting is being recommended to approve the draft IBP for stakeholder consultation during October and November 2018.

 

Since the draft IBP will not be considered by the Council before the consultation, Chichester District Council members are requested to raise any issues they wish to be considered in writing in advance of this Cabinet meeting.

 

The Leader of the Council will also allow members to raise any questions they may have at this Cabinet meeting.

 

The Council will be asked to approve the final IBP in the usual way in March 2019.

 

Additional documents:

Decision:

RESOLVED

 

That the draft Infrastructure Business Plan 2019-24 (appendix 1 to the agenda report) be approved for consultation with the city, town and parish councils, neighbouring local authorities including the South Downs National Park Authority and key infrastructure delivery commissioners) for a period of six weeks from 8 October to 19 November 2018.

 

Minutes:

The Cabinet received and considered the agenda report and its second, third and fourth appendices in the agenda supplement. The first appendix was available for online viewing in the second agenda supplement although one hard copy had been deposited in the Members Room at East Pallant House.

 

This item was presented by Mrs Taylor.

 

Mrs Dower and Mr Allgrove were in attendance for this matter.

 

Mrs Taylor summarised the report. In endorsing the recommendation to the Cabinet, she summarised sections 4 and 5 of the report (nature and objective of the consultation and the subsequent CDC decision-making process). She also explained the purpose of the Draft Infrastructure Business Plan 2019-2024 (appendix 1 in the second agenda supplement) in terms of the long list of infrastructure projects, the funding sources and the management of the funding gap and the prioritisation methodology. She referred to the West Sussex County Council (WSCC) project requests, some of which had been submitted late, in paras 3.5 and 3.6.

 

It was noted that there was a typographical error in the fourth bullet point in para 3.5: the reference for the newly selected project A286 Birdham Road/Selsey Tram Roundabout junction improvement should be IBP 349 and not IBP 249.

 

Mrs Dower referred to appendix 3 on pages 11 and 12 of the agenda supplement and advised that project IBP/293 (local land drainage East Beach Sea Outfall) would be removed from the Draft CIL Spending Plan as it was now going to be funded from CDC reserves. Mrs Shepherd said that this change to the funding arrangements would need to be approved by the Cabinet at its next meeting and that the project would remain in the Draft CIL Spending Plan for consultation purposes.

 

Mrs Dower drew attention to the third bullet point in para 3.5: WSCC had deferred the phasing for the three-year project IBP/656 (sustainable transport corridor city centre to Portfield and improvements to sustainable facilities on Oving Road corridor). Mr Dignum expressed regret at the delay in implementing this very important project.

 

Mrs Dower, Mr Frost and Mrs Shepherd responded to members’ questions and comments on points of detail with respect to:

 

(a)  The change in the funding source for IBP/293 (local land drainage East Beach Sea Outfall) should not cause delay in implementation.

 

(b)  The putting back to 2020-2021 of IBP 349 (A286 Birdham Road/Selsey Tram Roundabout junction improvement) (fourth bullet point in para 3.5), whereas projects IBP/654 (area-wide parking management North-East Chichester), IBP/655 (area-wide parking management West Chichester) and IBP/665 (area-wide parking management Chichester city) were listed for 2019-2020, was a matter for WSCC to accord priority in its request for CIL funding. However, it should be noted that (i) in para 3.7 caveats had been entered against those three projects and (ii) after the consultation period had ended it was for CDC to determine the various funding requests in accordance with the CIL criteria.  

 

 

 

Decision

 

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

 

RESOLVED  ...  view the full minutes text for item 582.

583.

Award of Contract for Cleaning of Operational Buildings pdf icon PDF 67 KB

The Cabinet is requested to consider the agenda report and its appendix (which is confidential exempt* material and is printed on salmon-coloured paper for members and officers only) and to make the resolutions set out below:

 

(1)  That the contract for the cleaning of operational buildings for the period 1 January 2019 to 31 December 2021 be awarded to Supplier J, the details of which are set out in the exempt appendix to the agenda report.

 

(2)  That authority be delegated to the Director of Corporate Services to:

 

(1)  make any minor contractual changes during the contract term.

 

(2)  extend the contract by mutual agreement for up to two years should the contract remain economically advantageous and the supplier perform satisfactorily.

 

*[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]

 

Additional documents:

Decision:

RESOLVED

 

(1)  That the contract for the cleaning of operational buildings for the period 1 January 2019 to 31 December 2021 be awarded to Supplier J, the details of which are set out in the exempt appendix to the agenda report.

 

(2)  That authority be delegated to the Director of Corporate Services after consultation with the Cabinet Member for Corporate Services to:

 

(1)  make any minor contractual changes during the contract term.

 

(2)  extend the contract by mutual agreement for up to two years should the contract remain economically advantageous and the supplier perform satisfactorily.

 

 

Minutes:

The Cabinet received and considered the agenda report and its confidential exempt appendix, the latter having been circulated to CDC members and officers only.

 

This item was presented by Mr Wilding.

 

Mr Buckley was in attendance for this matter.

 

Mr Wilding summarised sections 3 and 5 of the report.

 

Mr Buckley did not add to Mr Wilding’s introduction.

 

Whilst this item was not discussed by the Cabinet, it was agreed that the first line in the second recommendation (para 2.2) should be amended by the insertion of the words ‘after consultation with the Cabinet Member for Corporate Services’ between ‘Services’ and ‘to’.  

 

Decision

 

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

 

RESOLVED

 

(1)  That the contract for the cleaning of operational buildings for the period 1 January 2019 to 31 December 2021 be awarded to Supplier J, the details of which are set out in the exempt appendix to the agenda report.

 

(2)  That authority be delegated to the Director of Corporate Services after consultation with the Cabinet Member for Corporate Services to:

 

(1)  Make any minor contractual changes during the contract term.

 

(2)  Extend the contract by mutual agreement for up to two years should the contract remain economically advantageous and the supplier perform satisfactorily.

 

 

584.

Council Tax Review of Locally Defined Discounts and Premia pdf icon PDF 59 KB

The Cabinet is requested to consider the agenda report and its appendix and to make the resolutions set out below:

 

(1)  That the council tax discounts proposed in the appendix to the agenda report be applied for the 2019-2020 financial year.

 

(2)  Provided that the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill 2017-2019 is passed, that the council tax empty homes premium be set at 100% for the 2019-2020 financial year. 

Additional documents:

Decision:

RESOLVED

 

(1)  That the council tax discounts proposed in the appendix to the agenda report be applied for the 2019-2020 financial year.

 

(2)  Provided that the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill 2017-2019 is passed, that the council tax empty homes premium be set at 100% for the 2019-2020 financial year. 

 

 

Minutes:

The Cabinet received and considered the agenda report and its appendix.

 

This item was presented by Mr Barrow.

 

Mr Jobson was in attendance for this matter.

 

Mr Barrow summarised sections 3 and 5 of the report in terms of the present and prospective legislative situation and the proposal to leave the current council tax discounts unchanged for 2019-2020 while (subject to the relevant parliamentary bill obtaining royal assent) increasing the empty homes premium to 100% for 2019-2020.

 

At Mr Barrow’s invitation and in reply to a question by Mrs Lintill, Mr Jobson explained how CDC identified empty homes within its area for the purposes of applying the empty homes premium and completing an annual return to the government on the quantum of empty homes within the district. CDC canvassed all property owners each year with regard to empty homes. It was acknowledged that in this large rural area there would inevitably be a very small number of empty homes (most probably in the rural parts) of which CDC would not be aware, yet in such cases the customer would still be paying 100% council tax and so there would be no actual revenue loss (even if the property was classified in the incorrect category).

 

Mr Jobson also responded to questions with regard to (a) properties within the district which were known to be empty for the requisite period (91), second homes (3,221) and unoccupied and unfurnished properties (624); (b) the charging of arrears for the empty homes premium where it was subsequently discovered that a property had been unoccupied without notification by the owner and evidence was not produced to prove occupation; and (c) the table of prescribed classes for locally defined discounts and premia in the appendix (page 51): there were no exclusions from paying 100% council tax (or some in cases more), other than (i) those who had an employment restriction such as a publican, who would fall outside the prescribed classes and would pay only 50%, and (ii) those who were classed as vulnerable persons or residents of care homes, who received an exemption from paying the empty homes charge.     

 

Decision

 

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

 

RESOLVED

 

(1)  That the council tax discounts proposed in the appendix to the agenda report be applied for the 2019-2020 financial year.

 

(2)  Provided that the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill 2017-2019 is passed, that the council tax empty homes premium be set at 100% for the 2019-2020 financial year. 

 

 

 

585.

Housing Benefit and Council Tax Reduction Risk Based Verification Policy 2019-2020 pdf icon PDF 54 KB

The Cabinet is requested to consider the agenda report and its appendix in the agenda supplement and to make the resolutions set out below:

 

(1)  That the Risk Based Verification (RBV) Policy for 2019 to 2020 be approved for the purpose of assessing claims for Housing Benefit and Council Tax Reduction.

 

(2)  That delegated powers be granted to the Director of Residents Services to approve future amendments to the RBV Policy in consultation with the Section 151 Officer.   

Additional documents:

Decision:

RESOLVED

 

(1)  That the Risk Based Verification (RBV) Policy for 2019 to 2020 be approved for the purpose of assessing claims for Housing Benefit and Council Tax Reduction.

 

(2)  That delegated powers be granted to the Director of Residents Services to approve future amendments to the RBV Policy in consultation with the Section 151 Officer after consultation with the Cabinet Member for Residents Services.

 

Minutes:

The Cabinet received and considered the agenda report and its appendix in the agenda supplement.

 

This item was presented by Mr Barrow.

 

Mrs Rogers was in attendance for this matter.

 

Mr Barrow summarised the report with particular reference to sections 3, 4, 5 and 9.

 

Mrs Rogers did not add to Mr Barrow’s introduction.

 

Whilst this item was not discussed by the Cabinet, it was agreed that last line in the recommendation (para 2.1) should be amended by the insertion of the words ‘after consultation with the Cabinet Member for Residents Services’ following the words ‘Section 151 Officer’ (as appears in resolution (2) below).  

 

Decision

 

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

 

RESOLVED

 

(1)  That the Risk Based Verification (RBV) Policy for 2019 to 2020 be approved for the purpose of assessing claims for Housing Benefit and Council Tax Reduction.

 

(2)  That delegated powers be granted to the Director of Residents Services to approve future amendments to the RBV Policy in consultation with the Section 151 Officer after consultation with the Cabinet Member for Residents Services.

 

586.

Southern Gateway Regeneration pdf icon PDF 87 KB

The Cabinet is requested to consider the agenda report and its two appendices in the agenda supplement and to make the resolutions set out below:

 

(1)  That the Development Brief in appendix 1 to the agenda report be approved.

 

(2)  That the revised PID and timescales contained therein in appendix 2 to the agenda report be approved.

 

(3)  That a procurement process governed by the Public Contracts Regulations 2015 via the Official Journal of the Economic Union (OJEU) to secure a development partner be approved.

 

(4)  That the Deputy Chief Executive, after consultation with the Leader of the Council, be delegated to conduct the procurement, select bidders with suitable financial standing and experience, invite tenders and take all steps up to but not including selection of preferred bidder

 

(5)  That the Deputy Chief Executive, after consultation with the Leader of the Council and Cabinet Member for Growth and Place, be authorised to make any non-material changes to the Development Brief and finalise the OJEU procurement documentation.

 

[Note There is a background paper which is confidential exempt material (Paragraphs 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information) and/or 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) and/or 6 (information which reveals that the authority proposes – (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person or (b) to make an order or direction under any enactment)) and this is published in the third agenda supplement for online viewing only by members and officers]

Additional documents:

Decision:

RESOLVED

 

(1)  That the Development Brief in appendix 1 to the agenda report be approved taking on board the feedback received at the meeting.

 

(2)  That the revised PID and timescales contained therein in appendix 2 to the agenda report be approved.

 

(3)  That a procurement process governed by the Public Contracts Regulations 2015 via the Official Journal of the Economic Union (OJEU) to secure a development partner be approved.

 

(4)  That the Deputy Chief Executive after consultation with the Leader of the Council be delegated to conduct the procurement, select bidders with suitable financial standing and experience, invite tenders and take all steps up to but not including selection of preferred bidder

 

(5)  That the Deputy Chief Executive after consultation with the Leader of the Council and Cabinet Member for Growth and Place be authorised to make any non-material changes to the Development Brief and finalise the OJEU procurement documentation.

 

Minutes:

The Cabinet received and considered the agenda report and its two appendices in the agenda supplement.

 

In his brief introduction before inviting Mr Over to comment in more detail, Mr Dignum said that all CDC members had been afforded the opportunity via a workshop on 3 September 2018 to contribute to the emerging Southern Gateway Regeneration Development Brief (the DB). The consultation stage having been completed, the DB incorporated comments made by the Overview and Scrutiny Committee, the Chichester Growth Board, Chichester City Council and the aforementioned workshop. Comments subsequently made by the Chichester BID would be taken into account via the non-material changes provision being recommended in para 3.5 of the report. The DB, the revised Project Initiation Document (PID) and the procurement process were now ready to be approved by the Cabinet.   

 

Mr Over summarised the report by dealing with the three key areas set out in section 6.

 

·       The DB (para 6.1 and appendix 1 at pages 33 to 47 of the agenda supplement) had undergone significant consultation and engagement with members (as outlined by Mr Dignum). The late comments from Chichester BID would be taken into account where they were relevant to the DB (the most part of its responses related to the Masterplan and so were not applicable). One of the BID’s chief concerns related to ensuring that the project did not impact adversely on the city centre. This was addressed by section 5.5 of the DB (page 38 of the agenda supplement), to which could be added a reference to the development’s links to the south with Canal Basin and Chichester Gate. The resultant document (maps etc still needed to be added) should be as clear and simple as possible to facilitate a development which was viable and deliverable. In addition to the DB being approved by the Cabinet, it would also need to be signed off by CDC’s strategic partners, West Sussex County Council and Homes England.

 

·       The PID (para 6.3 and appendix 1 at pages 49 to 62 of the agenda supplement). A correction was required to the total figure in the project delivery costs table in section 7 (page 55): this should be £14.63 m and not £13,655,000.

 

·       The procurement process (para 6.20).   

 

Questions were asked only with respect to the DB. The Cabinet did not raise any points.

 

Mr Dignum allowed Mr A Moss (Fishbourne) on his prior request to address the meeting.

 

Mr Moss commended the draft DB as a very worthy document. With reference to section 3.1 of the DB about strategic location (page 35 in the agenda supplement), he emphasised the need for the DB to be seen by third parties as more than just a CDC publication but as a self-evidently inspirational and iconic document, which conveyed Chichester as a great city and how it could offer more to residents, workers and visitors. Accordingly, he advocated the inclusion of a prominent section at the start of the document which would attract developers’ attention by way of  ...  view the full minutes text for item 586.

587.

North Street Car Park Midhurst Resurfacing pdf icon PDF 54 KB

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

 

That the release of £55,000 from reserves to resurface and re-line the Midhurst North Street car park be approved.

 

Decision:

RESOLVED

 

That the release of £55,000 from reserves to resurface and re-line the Midhurst North Street car park be approved.

 

Minutes:

The Cabinet received and considered the agenda report.

 

This item was presented by Mr Dignum.

 

Mrs Murphy was in attendance for this matter.

 

Mr Dignum summarised the report with reference to sections 3, 5 and 7.

 

Mrs Murphy said the Midhurst Vision working group had been engaged (section 8) and the proposed improvement works would make this well-used car park more aesthetically pleasing.   

 

Decision

 

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

 

RESOLVED

 

That the release of £55,000 from reserves to resurface and re-line the Midhurst North Street car park be approved.

 

[Note At the end of this item there was a short adjournment between 10:51 and 11:00]

588.

Reducing Single Use Plastics pdf icon PDF 70 KB

The Cabinet is requested to consider the agenda report and its appendix in the agenda supplement and to make the resolution set out below:

 

That the Single Use Plastics Action Plan in the appendix to the agenda report be approved.

Additional documents:

Decision:

RESOLVED

 

That the Single Use Plastics Action Plan in the appendix to the agenda report be approved.

 

Minutes:

The Cabinet received and considered the agenda report and its appendix in the agenda supplement.

 

This item was presented by Mr Connor.

 

Mr Day was in attendance for this matter.

 

In summarising the report Mr Connor said that the subject was a timely issueof increasingconcern toresidents and was receiving broad public support. Fromlitter inthe streets to micro-plasticsin theseas, support wasgrowing formaking somesimple changes and it was apparent that these could be achieved eg thesingle-use plasticbag surchargeand the impact of consumer pressure against theuse ofnon-recyclable orre-usable coffeecups. In May 2018 the Annual Council had passed a motion addressing theissue, since when an officerworking grouphad drawnup a CDC-wideaction plan, appended to the report. The Overview andScrutiny Committeehad consideredthe planincluding CDC’sown action as an organisationon reducingplastic useand removingplastic altogether wherever possible. As a result of the OSC’s comments, a new drinking fountain with a bottle refilling point had been installed in the East Pallant House reception. This would enable CDC to commit to joining the REFILL scheme, which was an app enabling users to see where they could fill their water bottles for free rather than purchase a single-use plastic bottle. The plan extended beyond CDC’s operations within its own buildings to set out a sustained campaign to work with residents and businesses by making them aware of the alternatives while pressing home the message of responsible disposal through CDC’s recycling and litter bin services. It would build on and complement the current Against Litter campaign. Volunteer-led Plastic-Free Communities had been successfully established across the country and CDC would seek to work with, support and encourage (a) local groups which had already begun this vital work, (b) others to follow suit and (c) local businesses which were taking a lead by (i) using alternatives to single-use plastic packaging, bottles, drinking vessels, straws and cutlery and (ii) promoting the use of re-usable items. The plan set out how further progress beyond these laudable efforts could and would be achieved.

 

Mr Day did not wish to add to Mr Connor’s introduction.

 

Cabinet members expressed their strong endorsement for the action plan and commended what had already been achieved. Mr Barrow pointed out the significant overlap with the Against Litter campaign which he was overseeing and said that the two schemes would work closely together. Mrs Taylor alluded to the positive benefits of children being taught this message through schools and then encouraging their parents to follow their example. Mr Dignum drew attention to the various themes in the action plan.

 

The following non-Cabinet members spoke with Mr Dignum’s consent, some of whom had notified him in advance of their wish to contribute:

 

(1)  Mr A Moss (Fishbourne) commended the action plan and what had already been achieved to address this urgent priority with the many challenges which had to be faced; it was  ...  view the full minutes text for item 588.

589.

Late Items

(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

Decision:

[NONE]

 

Minutes:

As stated by Mr Dignum during agenda item 1 (minute 575) there were no late items for consideration at this meeting.

 

 

590.

Exclusion of the Press and Public

The Cabinet is asked in respect of agenda items 17 (Development of Land at Barnfield Drive Chichester) and 18 (Southern Gateway Regeneration) to make a resolution that the public including the press should be excluded from the meeting on the following grounds of exemption in Schedule 12A to the Local Government Act 1972 namely Paragraphs 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)), 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) and 6 (information which reveals that the authority proposes – (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person or (b) to make an order or direction under any enactment) 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 If the Cabinet wishes to discuss the confidential exempt appendix to agenda item 9 (Award of Contract for Cleaning Operational Building) it will need first to pass a resolution to exclude the press and the public 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]

Decision:

RESOLVED

 

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:

 

(1)  agenda item 17 (Development of Land at Barnfield Drive Chichester) 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

 

(2)  agenda item 18 (Southern Gateway Regeneration) 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 Paragraphs 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)), 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) and 6 (information which reveals that the authority proposes – (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person or (b) to make an order or direction under any enactment) 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.

 

Minutes:

In order to consider the confidential exempt matters listed as agenda items 17 (Development of Land at Barnfield Drive Chichester) and 18 (Southern Gateway Regeneration) Mr Dignum first read out the resolution set out below, which was then duly proposed and seconded.

 

Decision

 

On a vote by a show of hands the Cabinet approved unanimously the following resolution. 

 

RESOLVED

 

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:

 

(1)  agenda item 17 (Development of Land at Barnfield Drive Chichester) 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

 

(2)  agenda item 18 (Southern Gateway Regeneration) 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 Paragraphs 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)), 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) and 6 (information which reveals that the authority proposes – (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person or (b) to make an order or direction under any enactment) 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.

 

 

591.

Development of Land at Barnfield Drive Chichester

The Cabinet is requested to consider the agenda report, which is confidential exempt* material with a restricted circulation to Chichester District Council members and relevant officers only (printed on salmon-coloured paper), and to make the following resolution:

 

That authority be delegated to the Director of Growth and Place to renegotiate the ground rent arrangements with the developer provided that there is no overall adverse impact on Chichester District Council’s anticipated income from the development, the outcome of which will be reported to a subsequent meeting of the Cabinet.

 

*[Note The ground for excluding the public and press during this item is that it is likely that there would be a disclosure to them of ‘exempt information’ of the description specified in 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]

Decision:

RESOLVED

 

That authority be delegated to the Director of Growth and Place after consultation with the Leader of the Council to renegotiate the ground rent arrangements with the developer provided that there is an improved impact on Chichester District Council’s income from the development, the outcome of which will be reported to a subsequent meeting of the Cabinet.

 

Minutes:

The Cabinet received and considered the confidential exempt agenda report circulated to members and officers only.

 

A sheet was circulated with an amended version of the recommendation in para 2.1 of the report.

 

The report was presented by Mr Over.

 

The matter was discussed by the Cabinet.

 

Mr Over responded to members’ questions and comments on points of detail.

 

Decision

 

The Cabinet voted unanimously to make the resolution on the amended version of the recommendation in the report as set out below.

 

RESOLVED

 

That authority be delegated to the Director of Growth and Place after consultation with the Leader of the Council to renegotiate the ground rent arrangements with the developer provided that there is an improved impact on Chichester District Council’s income from the development, the outcome of which will be reported to a subsequent meeting of the Cabinet.

 

 

592.

Southern Gateway Regeneration

The Cabinet is requested to consider the agenda report and its four appendices in the agenda supplement, which are confidential exempt* material with a restricted circulation to Chichester District Council members and relevant officers only (printed on salmon-coloured paper), and to make the following resolutions:

 

(1)  That the Council entering into a Collaboration Agreement with Homes England (HE) and West Sussex County Council, on the terms set out in appendix 1 to the agenda report be approved.

 

(2)  That the Deputy Chief Executive, after consultation with the Leader of the Council, be authorised to make any non-material changes to the Collaboration Agreement.

 

(3)  That the Risk Register and any further mitigation that is required (appendix 2 to the agenda report) be noted.

 

(4)  To the purchase of the freehold interest in the land identified in paragraph 6.3.4.2 (shown on drawing no 5586 appendix 3 to the agenda report) be authorised, using LEP funding, for the purposes of relocating one of the non-conforming uses out of the Masterplan area based on the Heads of Terms set out in appendix 4 to the agenda report.

 

(5)  That land as detailed in paragraph 6.3.4.1 of the agenda report be reserved sufficient to accommodate the relocation needs of Royal Mail and that a separate report be brought to the Cabinet to approve the refurbishment/redevelopment of the land in due course.

 

*[Note The ground for excluding the public and press during this item is that it is likely that there would be a disclosure to them of ‘exempt information’ of the description specified in Paragraphs 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)), 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) and 6 (information which reveals that the authority proposes – (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person or (b) to make an order or direction under any enactment) of Part I of Schedule 12A to the Local Government Act 1972]

Additional documents:

Decision:

RESOLVED

 

(1)  That the Council entering into a Collaboration Agreement with Homes England (HE) and West Sussex County Council, on the terms set out in appendix 1 to the agenda report be approved.

 

(2)  That the Deputy Chief Executive, after consultation with the Leader of the Council, be authorised to make any non-material changes to the Collaboration Agreement.

 

(3)  That the Risk Register and any further mitigation that is required (appendix 2 to the agenda report) be noted.

 

(4)  To the purchase of the freehold interest in the land identified in paragraph 6.3.4.2 (shown on drawing no 5586 appendix 3 to the agenda report) be authorised, using LEP funding, for the purposes of relocating one of the non-conforming uses out of the Masterplan area based on the Heads of Terms set out in appendix 4 to the agenda report.

 

(5)  That land as detailed in paragraph 6.3.4.1 of the agenda report be reserved sufficient to accommodate the relocation needs of Royal Mail and that a separate report be brought to the Cabinet to approve the refurbishment/redevelopment of the land in due course.

 

Minutes:

The Cabinet received and considered the confidential exempt agenda report and its four appendices which were circulated to members and officers only.

 

The report was introduced by Mr Dignum and Mr Over.

 

The matter was discussed by the Cabinet.

 

Mr Over responded to members’ questions and comments on points of detail.

 

Decision

 

The Cabinet voted unanimously to make the resolutions set out below.

 

RESOLVED

 

(1)  That the Council entering into a Collaboration Agreement with Homes England (HE) and West Sussex County Council on the terms set out in appendix 1 to the agenda report be approved.

 

(2)  That the Deputy Chief Executive, after consultation with the Leader of the Council, be authorised to make any non-material changes to the Collaboration Agreement.

 

(3)  That the Risk Register and any further mitigation that is required (appendix 2 to the agenda report) be noted.

 

(4)  That the purchase of the freehold interest in the land identified in paragraph 6.3.4.2 (shown on drawing no 5586 appendix 3 to the agenda report) be authorised, using LEP funding, for the purposes of relocating one of the non-conforming uses out of the Masterplan area based on the Heads of Terms set out in appendix 4 to the agenda report.

 

(5)  That land as detailed in paragraph 6.3.4.1 of the agenda report be reserved sufficient to accommodate the relocation needs of Royal Mail and that a separate report be brought to the Cabinet to approve the refurbishment/redevelopment of the land in due course.