Agenda, decisions and minutes

Cabinet
Tuesday 1 May 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

516.

Chairman's Announcements

The chairman will make any specific announcements for this meeting and advise of any late items which will be given consideration under agenda item 7 (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, the press representatives and Chichester District Council (CDC) members and officers who were present for this meeting. He accorded a particular welcome to Kate O’Kelly (Liberal Democrat), who had been elected on Thursday 12 April 2018 as the new member for the Rogate ward. Dr O’Kelly succeeded Gillian Keegan, the MP for the Chichester constituency.

 

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

 

There were no late items for consideration.

 

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

 

[Note Minute paras 517 to 523 below summarise the Cabinet’s discussion of and decision on agenda items 2 to 8 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]

517.

Approval of Minutes pdf icon PDF 117 KB

The Cabinet is requested to approve as a correct record the minutes of its meeting on Tuesday 10 April 2018, a copy of which is circulated with this agenda.

Decision:

RESOLVED

 

That the minutes of the Cabinet’s meeting on Tuesday 10 April 2018 be approved.

 

Minutes:

The Cabinet received the minutes of its meeting on Tuesday 10 April 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 10 April 2018 be approved.

518.

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:

[NONE]

 

Minutes:

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

519.

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:

[NO PUBLIC QUESTIONS WERE SUBMITTED FOR THIS MEETING]

 

Minutes:

No public questions had been submitted for this meeting.

520.

Review of Character Appraisal and Management Proposals for Fishbourne Conservation Area pdf icon PDF 91 KB

The Cabinet is requested to consider the agenda report and its five appendices (the fifth of which is available for online viewing only via the agenda supplement) and to make the following resolutions:

 

(1)  That the revised Character Appraisal and Management Proposals for Fishbourne Conservation Area, attached at Appendix 1 to this report, be approved as a material consideration in relevant planning decisions.

 

(2)  That the recommended changes to the Fishbourne conservation area boundary on the west side, as shown in the maps on pages 32 to 36 of the revised Character Appraisal and Management Proposals, attached at Appendix 1 to this report, be approved.

 

(3)  That the proposed responses to representations, attached at Appendix 2, to this report, be approved.

 

(4)  That the implementation of an ‘Immediate’ Article 4 direction to cover minor alterations to the principal elevations of dwellings within Fishbourne conservation area, as set out in Appendix 3 to this report, be approved.

 

(5)  That the implementation of a ‘non-immediate’ Article 4 direction to cover the installation of solar panels on the principal elevations and roof slopes of buildings within the Fishbourne Conservation Area, as set out in Appendix 4 to this report, be approved.

 

(6)  That decisions to confirm and/or implement, or otherwise the Directions referred to in 3.4 and 3.5 above be taken by the Director of Planning and Environment following consultation with the Cabinet Member for Planning Services and ward member for Fishbourne conservation area within six months of the Directions being made.

 

Additional documents:

Decision:

RESOLVED

 

(1)  That the revised Character Appraisal and Management Proposals for Fishbourne Conservation Area, attached at Appendix 1 to this report, be approved as a material consideration in relevant planning decisions.

 

(2)  That the recommended changes to the Fishbourne conservation area boundary on the west side, as shown in the map on page 51 of the revised Character Appraisal and Management Proposals, attached at Appendix 1 to this report, be approved.

 

(3)  That the proposed responses to representations, attached at Appendix 2, to this report, be approved.

 

(4)  That the implementation of an ‘Immediate’ Article 4 direction to cover minor alterations to the principal elevations of dwellings within Fishbourne conservation area, as set out in Appendix 3 to this report, be approved.

 

(5)  That the implementation of a ‘non-immediate’ Article 4 direction to cover the installation of solar panels on the principal elevations and roof slopes of buildings within the Fishbourne Conservation Area, as set out in Appendix 4 to this report, be approved.

 

(6)  That decisions to confirm and/or implement, or otherwise the Directions referred to in 3.4 and 3.5 above be taken by the Director of Planning and Environment following consultation with the Cabinet Member for Planning Services and ward member for Fishbourne conservation area within six months of the Directions being made.

 

Minutes:

The Cabinet received and considered the agenda report and its five appendices, the fifth of which was available for online viewing only in the published agenda supplement.  

 

This item was introduced by Mrs Taylor.

 

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

 

Mrs Taylor explained the nature and purpose of producing and reviewing character appraisals for conservation areas (CA), in accordance with CDC’s Historic Environment Strategy and Action Plan and utilising Article 4 Directions, as set out in sections 5 and 7 of the report. The process for reviewing the current Conservation Area Character Appraisal for Fishbourne (March 2007), the details of the proposed changes to the Fishbourne CA and the benefits of having a revised character appraisal and management proposals document  were summarised in sections 6, 8 and 10 of the report. In endorsing the approval of the document for use as a material consideration in determining planning applications, Mrs Taylor commended the excellent report.

 

Mrs Pagano and Mr Allgrove did not add to Mrs Taylor’s introduction.

 

Cabinet members echoed Mrs Taylor’s sentiments about the quality of the report and the post-consultation draft document; the latter was a very well-produced and informative document, not only for conservation purposes but potentially also for tourism use.

 

Members noted the need for two amendments:

 

(1)  Appendix 1: in the post-consultation version of the CA, the third bullet point in the list of chief features of Character Area D3 Fishbourne Channel (page 28) incorrectly referred to ‘high’ tide instead of ‘low’ tide.

 

(2)  Para 3.2 of the report: in the second recommendation, the words ‘maps on pages 32 to 36’ should be replaced with ‘map on page 51’ and this would be reflected in the resolution to be made by the Cabinet. 

 

In reply to a question, Mrs Pagano explained that for brevity and to put the focus on the comments, appendix 2 included only CDC’s proposed responses and not the questions.   

 

Mr Dignum invited Mr A G F Moss (Fishbourne), who had previously intimated his wish to speak on this matter, to address the Cabinet. Mr Moss expressed his immense appreciation for the post-consultation draft document, which drew attention to Fishbourne’s very long history and its hidden gems of historic and architectural value. He had discussed the report with Fishbourne Parish Council and local residents and they were clearly very satisfied with the consultation and the resultant draft document.  He remarked that the extension of the conservation area embraced some of the settlement’s oldest houses eg The Old Forge. He made two observations: (a) whilst the case for making a non-immediate Article 4 Direction with respect to solar panels on roof slopes was understood, he hoped that planning applications for their installation would be sympathetically considered and (b) the several photographs of The Old Thatched House in Mill Lane served as a reminder that as well as imposing restrictions on what owners were allowed to do to their properties (listed or not) in a conservation area, they should also  ...  view the full minutes text for item 520.

521.

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:

There were no late items for consideration at this meeting.

522.

Exclusion of the Press and Public

The Cabinet is asked to consider in respect of agenda item 8 (2-3 East Street Chichester) making a resolution that 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 confidential exempt Part II report for agenda item 8 is attached for members of Chichester District Council and relevant officers only (printed on salmon paper)]

Decision:

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 8 (2-3 East Street Chichester PO19 1HE) 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.

 

Minutes:

In order to consider the Part II confidential exempt matter listed as agenda item 8 (2-3 East Street Chichester PO19 1HE) Mr Dignum first read out the resolution set out below.

 

Decision

 

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

 

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 8 (2-3 East Street Chichester PO19 1HE) 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.

523.

2-3 East Street Chichester PO19 1HE

The Cabinet is requested to consider the agenda report, which is Part II* exempt confidential 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 a new lease be granted to the existing tenants (R L Austen Limited)  on the terms set out in section 5.2 of the agenda report and the Director of Growth and Place in consultation with the Leader of the Council and the Cabinet Member for Growth and Place be authorised to approve the final terms of this lease.

 

*[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 a new lease be granted to the existing tenants (R L Austen Limited)  on the terms set out in section 5.2 of the agenda report and the Director of Growth and Place in consultation with the Leader of the Council and the Cabinet Member for Growth and Place be authorised to approve the final terms of this lease.

 

Minutes:

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 Dignum.

 

Mr Regan and Mr Legood were in attendance for this item.

 

Mr Dignum summarised the contents of the report. 

 

Mr Legood emphasised the satisfactory outcome to the negotiations as set out in section 4 of the report.

 

The Cabinet commended officers for their efforts in securing the final terms of the lease.    

 

Decision

 

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

 

RESOLVED

 

That a new lease be granted to the existing tenants (R L Austen Limited)  on the terms set out in section 5.2 of the agenda report and the Director of Growth and Place in consultation with the Leader of the Council and the Cabinet Member for Growth and Place be authorised to approve the final terms of this lease.