Chichester District Council
Agenda, decisions and minutes

Agenda, decisions and minutes

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

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

Items
No. Item

593.

Chairman's Announcements

The chairman will:

 

·       make any specific announcements for this meeting and

 

·       advise of any late items for consideration under agenda item 11 (a) or (b)

 

Apologies for absence will be taken at this point.

Decision:

[DETAILS IN THE MINUTES]

 

Minutes:

Mr A 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.

 

The emergency evacuation procedure was read out.

 

There was an apology for absence from Mr R Barrow (Cabinet Member for Residents Services).

 

All other 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 594 to 605 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 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]

 

594.

Approval of Minutes pdf icon PDF 145 KB

The Cabinet is requested to approve as a correct record the minutes of its meeting on Tuesday 2 October 2018, a copy of which is circulated with this agenda.

Decision:

RESOLVED

 

That the minutes of the Cabinet’s meeting on Tuesday 2 October 2018 be approved without amendment.

 

 

Minutes:

The Cabinet received the minutes of its meeting on Tuesday 2 October 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 2 October 2018 be approved.

 

 

 

595.

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:

There were no declarations of interests made at this meeting.

 

 

596.

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:

[FIVE PUBLIC QUESTIONS – DETAILS IN THE MINUTES]

 

Minutes:

Five public questions had been submitted for this meeting, details of which appear below.

 

All five questions related to the same subject (which was not an agenda item for this meeting), namely the proposal for a temporary ice rink in the city of Chichester during the forthcoming Christmas season.

 

The text of the questions had been circulated to CDC members, the public and the press immediately prior to the start of this meeting. Mr A Dignum (Leader of the Council) invited each person in turn to come to the designated microphone in order to read out the question before he provided an oral response.

 

In view of the number of the questions, Mr Dignum first took the opportunity to explain how public question time was conducted at Cabinet meetings.

 

He said that members and officers were always pleased to receive public questions at Cabinet meetings as this was an important means whereby the residents or non-domestic ratepayers of Chichester District were able to engage in the democratic process. Although on this occasion there were five questions about a subject which, rather unusually, did not feature on the agenda, nevertheless this was the public’s chance to attend and on due notice ask questions of their elected representatives about matters of local concern.  As with other CDC committees and the Council (the Planning Committee had a separate procedure) 15 minutes were set aside at the start of each meeting before the main published business for public questions. It was requested that questions be kept as concise as possible. Unfortunately in recent times there had been a growing trend for questions to take the form of long preambles or statements, which was to be discouraged. However, that was not the case with any of today’s questions, which was appreciated. He summarised how each question (and any supplementary question) would be asked and answered. 

 

The questions (with the date of submission shown within [ ] at the end of the text), any supplementary questions and the answers given by Mr Dignum were as follows.

 

(1) Sophie Hull

 

‘Re: Planning application for a temporary change of use of part of Priory Park to a Christmas ice rink with ancillary food and drink uses, including installation and removal of ancillary temporary structures on land at Priory Park Priory Lane Chichester West Sussex [18/02538/FUL]

 

Are all the members of the Cabinet aware that a group of Regular Users of the Park and nearby Residents of Priory Park (‘Users and Residents’) have instructed a barrister of Lincoln’s Inn London and Pallant Chambers concerning the above-mentioned planning application and have written to Diane Shepherd Chief Executive Chichester District Council a letter written in the spirit of pre-action judicial review protocol? A request has been made for a substantive reply by 4 pm on 14 November 2018 and confirmation that the Council will not issue a decision notice before the receipt of the substantive response.’ 

 

[Sunday 4 November 2018]

 

 

 

 

Response

 

Mr Dignum (Leader of the Council) said  ...  view the full minutes text for item 596.

597.

Absence Management Policy pdf icon PDF 51 KB

The Cabinet is requested to consider the agenda report and its appendix in the agenda supplement and to make the following recommendation to the Council:

 

That the revised Absence Management Policy be approved.

 

 

 

 

Additional documents:

Decision:

RECOMMENDATION TO THE COUNCIL

 

That the revised Absence Management Policy be approved.

 

Minutes:

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

 

This item was presented by Mr P Wilding (Cabinet Member for Corporate Services).

 

Mr T Radcliffe (Human Resources Manager) was in attendance for this matter.

 

Mr Wilding summarised sections 3 and 5 of the report and referred to the trigger points in the table in section 4.0 of the draft Absence Management Policy in the appendix (page 3 of the agenda supplement). He was pleased to say that sickness absence was currently on a downward trend.

 

Mr Radcliffe echoed Mr Wilding’s point about the reduced level of sickness absence, which was nearing the target of eight days per annum per member of staff. The revised policy was one of several steps being taken to address staff absence and welfare, which included stress risk awareness/assessment and manager training. Sickness absence rate levels were also falling at CDC’s Chichester Contract Services. Whilst sickness absence had been unacceptably high, it was hoped that there would be further improvements in the currently decreasing levels.

 

Mrs Lintill said that the improved trend was to be welcomed but emphasised the need to have due regard to staff welfare at the informal as well as the formal stages of the absence management process.

 

Decision

 

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

 

RECOMMENDATION TO THE COUNCIL

 

That the revised Absence Management Policy be approved.

 

 

598.

Determination of the Council Tax Reduction Scheme for 2019-2020 pdf icon PDF 85 KB

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

 

That the Council Tax Reduction Scheme for 2019-2020 be approved.

Additional documents:

Decision:

RECOMMENDATION TO THE COUNCIL

 

That the Council Tax Reduction Scheme for 2019-2020 be approved.

 

 

Minutes:

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

 

This item was presented by Mr P Wilding (Cabinet Member for Corporate Services).

 

Mrs M Rogers (Business Suport Manager Revenues and Performance) was in attendance for this matter.

 

Mr Wilding summarised sections 3 and 5 of the report, with particular reference to three of the amendments which were being proposed to simplify the scheme and reduce the administrative cost (section 5.1).

 

Mrs Rogers did not wish to add to Mr Wilding’s introduction.

 

In reply to members’ questions and comments, Mrs Rogers explained the steps taken by staff (which included notification letters) to explain the changes to housing benefit entitlement, the introduction of Universal Credit and the Council Tax Reduction Scheme to customers who would or might be unaware because they could not or did not access CDC’s online facilities.

 

Decision

 

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

 

RECOMMENDATION TO THE COUNCIL

 

That the Council Tax Reduction Scheme for 2019-2020 be approved.

 

 

 

599.

Non-Domestic Rates Discretionary Scheme 2017-2021 pdf icon PDF 61 KB

The Cabinet is requested to consider the agenda report and its appendix in the agenda supplement and to make the following recommendation to the Council:

 

That the amended Non-Domestic Rate Discretionary Scheme for 2017-2021 be approved.         

 

 

Additional documents:

Decision:

RECOMMENDATION TO THE COUNCIL

 

That the amended Non-Domestic Rate Discretionary Scheme for 2017-2021 be approved.

 

Minutes:

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

 

This item was presented by Mrs E Lintill (Cabinet Member for Community Services).

 

Mr P Jobson (Revenues Operations Manager Revenues and Performance) was in attendance for this matter.

 

Mrs Lintill summarised the report with particular reference to sections 3 and 5, including how it was proposed to distribute CDC’s full allocation to eligible businesses as efficiently and effectively as possible for the next three years to 2020-2021 and thereby avoid a repeat of the underspend for 2018-2019 (in many cases businesses had been reticent to apply because of the state aid rules).

 

Mr Jobson provided an oral update (as intimated in para 8.4 of the report) on the recent consultation. West Sussex County Council had noted with approval the proposed changes. Sussex Police had no comments; it was a statutory consultee but the scheme had no financial implications for it. The underspend in the first year, due principally to the state aid rules, was disappointing but the proposed changes would address that issue. 

 

Decision

 

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

 

RECOMMENDATION TO THE COUNCIL

 

That the amended Non-Domestic Rate Discretionary Scheme for 2017-2021 be approved.

 

 

600.

Funding of East Beach Outfall Replacement pdf icon PDF 58 KB

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

 

That £100,000 from reserves be released to replace the approved funding from the Community Infrastructure Levy with the balance funded from revenue resources to the extent that it is not otherwise met from external grant from Southern Water to fund the replacement of the East Beach surface water outfall.

 
 

Decision:

RESOLVED

 

That £100,000 from reserves be released to replace the approved funding from the Community Infrastructure Levy with the balance funded from revenue resources to the extent that it is not otherwise met from external grant from Southern Water to fund the replacement of the East Beach surface water outfall.

 

Minutes:

The Cabinet received and considered the agenda report.

 

This item was presented by Mr J Connor (Cabinet Member for Environment Services).

 

Mr D Henly (Senior Engineer Environment) was in attendance for this matter.

 

Mr Connor explained that in 1948 the existing surface water drainage outfall located at East Beach Selsey was constructed by CDC’s predecessor to replace an earlier and malfunctioning pipe. In recent years the need to maintain the outfall had increased appreciably. Accordingly the Cabinet had resolved on 4 September 2018 to award the contract to replace the outfall system and the funding for the project would in part be met by £100,000 from the community infrastructure levy (CIL). Since that decision (a) Southern Water had indicated that it would contribute £40,000 to the project and (b) the internal funding arrangements had been reviewed and it was agreed that it would not be appropriate to utilise CIL funding to rectify an existing failing asset rather than, as required under CIL, to fund growth and new development.

 

Mr Henly advised that Southern Water had stated in an e-mail that it would make the aforementioned £40,000 contribution; a formal confirmatory letter was awaited.

 

Decision

 

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

 

RESOLVED

 

That £100,000 from reserves be released to replace the approved funding from the Community Infrastructure Levy with the balance funded from revenue resources to the extent that it is not otherwise met from external grant from Southern Water to fund the replacement of the East Beach surface water outfall.

 

 

601.

Proposed Fees and Charges for the New Animal Welfare Licensing Regime pdf icon PDF 69 KB

The Cabinet is requested to consider the agenda report and its appendix and to make an appropriate resolution in the light of the following recommendation:

 

That the Cabinet considers and makes any recommendations on the new fees and charges in relation to the administration and enforcement of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 for consideration by the General Licensing Committee when coming to its decision.

Additional documents:

Decision:

RECOMMENDATION TO THE GENERAL LICENSING COMMITTEE

 

That the new fees and charges in relation to the administration and enforcement of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 be agreed as set out in the appendix (as amended) to the agenda report.

 

[Note The amendment to the appendix related to the penultimate field (Rescore visit) in the table, where the figure of £140 should be moved from the Existing Licence Fee column to the Proposed Licence Fee column]

 

 

Minutes:

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

 

The fourth agenda supplement substituted the correct hypertext link to the first background paper in para 12.1 of the report.

 

This item was presented by Mr J Connor (Cabinet Member for Environment Services).

 

Mr T Horne (Principal Environmental Health Officer) and Mrs A Stevens (Divisional Manager Environmental Protection) were in attendance for this matter.

 

Mr Connor summarised the report as follows. Citing examples, he said that public interest in animal welfare remained high. The new regulations which came into force in October 2018 repealed legislation which in part dated back to the 1940s. They introduced animal welfare standards and controls which would govern management, operation and training of those working in this sector and were fit for purpose in the twenty-first century. A number of animal-related activities were now covered under an animal activity licence, with associated new national licence conditions and guidance for operators and inspectors and the introduction of a risk-based inspection programme. The proposed fees and charges had been at long last been overhauled and were based on DEFRA guidance and in keeping with a county-wide fee-setting structure which had been devised. The details of the new fee structure were set out in the appendix to the report. It should be noted that whilst the new fees appeared to be higher than those for existing licences, most of the new licences would ordinarily (subject to compliance) continue for two to three years instead of the hitherto annual renewal. Drawing an analogy with regulation of the food industry, it was anticipated that this new regulatory system would create incentives for operators to attain the very highest standards in animal welfare.

 

Mrs Stevens informed the Cabinet of an amendment to the table of fees and charges in the appendix to the report: in the penultimate row the sum of £140 should not be listed in the existing licence fee column but instead in the proposed licence fee column.

 

Mr Horne and Mrs Stevens did not add to Mr Connor’s introduction but they responded to questions and comments by the Cabinet on points of details with respect to (a) the increase in fees and charges; (b) enforcement of the new regulatory regime; and (c) in the case of, say, dog care services, the regulations and penalties for infringements would apply to businesses but not to the casual and occasional looking after a friend’s or relative’s dog.  

 

With Mr Dignum’s permission, Mrs C Apel (Chichester West), who was present as an observer, asked if the new regulations would apply to wildlife sanctuaries. Mrs Stevens undertook to provide a written response to all CDC members.

 

[Note All CDC members were e-mailed by Democratic Services on behalf of Mrs Stevens later on the day of this meeting advising that the regulations did not extend to wildlife sanctuaries]

 

Decision

 

The Cabinet voted unanimously to make the recommendation set out below, which included the foregoing amendment to the table of fees and  ...  view the full minutes text for item 601.

602.

Temporary Appointment to Bury Parish Council pdf icon PDF 46 KB

The Cabinet will consider the draft decision of appointment circulated with the agenda, receive an oral report and be asked to make the following resolution: 

 

That Henry Potter, the Chichester District Council member for the Boxgrove ward, be appointed pursuant to section 91 (1) of the Local Government Act 1972 as a parish councillor with the Bury Parish Council until such time as vacancies at the Bury Parish Council have been filled by election.

 

The following background information should be noted:

 

Section 91 (1) of the Local Government Act 1972 provides (insofar as is material):

 

‘Where there are so many vacancies in the office of parish or community councillor that the parish or community council are unable to act, the district council … may by order appoint persons to fill all or any of the vacancies until other councillors are elected and take up office.’

 

The clerk and chairman of Bury Parish Council (BPC) have reported to Chichester District Council’s Monitoring Officer that they are unable to operate due to being inquorate and they have verified that BPC requires the appointment of a district councillor in order to become quorate. The appointment will end once sufficient members are elected to BPC to enable it to be quorate without the district councillor’s membership or on 31 December 2019, whichever comes first.

Decision:

RESOLVED

 

That Henry Potter, the Chichester District Council member for the Boxgrove ward, be appointed pursuant to section 91 (1) of the Local Government Act 1972 as a parish councillor with the Bury Parish Council until such time as vacancies at the Bury Parish Council have been filled.

 

Minutes:

The Cabinet received and considered the draft decision of appointment circulated with the agenda, which was supplemented by an oral report by Mr N Bennett (Divisional Manager Legal and Democratic Services and the Monitoring Officer).

 

With reference to the summary set out on the agenda front sheet, Mr Bennett explained the statutory provision in section 91 (1) of the Local Government Act 1972 to create a temporary expedient to remedy an inquorate situation faced by a parish council, such as was currently affecting Bury Parish Council (BPC), and the proposal to appoint Mr H Potter, the CDC ward member for Boxgrove, to BPC until such time as its subsisting councillor vacancies had been filled.

 

Decision

 

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

 

RESOLVED

 

That Henry Potter, the Chichester District Council member for the Boxgrove ward, be appointed pursuant to section 91 (1) of the Local Government Act 1972 as a parish councillor with the Bury Parish Council until such time as vacancies at the Bury Parish Council have been filled.

 

603.

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 593) there were no late items for consideration at this meeting.

 

 

604.

Exclusion of the Press and Public

The Cabinet is asked in respect of agenda item 13 (Transfer of Service) to make a resolution that the public including the press should be excluded from the meeting on the following grounds of exemption in Part I of Schedule 12A to the Local Government Act 1972 namely Paragraphs 1 (information relating to any individual) and 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 agenda item 13 (Transfer of 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 Paragraphs 1 (information relating to an individual) and 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 confidential exempt matter listed as agenda item 13 (Transfer of Service) 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 agenda item 13 (Transfer of 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 Paragraphs 1 (information relating to an individual) and 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.

 

605.

Transfer of Service

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 recommendation to the Council:

 

That the terms of the proposal outlined in section 5 of the agenda report be approved and that officers be authorised to agree the proposed contract.

*[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 1 (information relating to any individual) and 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:

RECOMMENDATION TO THE COUNCIL

 

(1)  That the transfer of the service as outlined in section 5 of the report be approved.

 

(2)  That the Director of Residents Services be given delegated authority to conclude the final details of the transfer, including the capital receipt and the timing of the transfer, after consultation with the Cabinet Member for Community Services.

 

 

Minutes:

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

 

The report was presented by Mrs E Lintill (Deputy Leader of the Council and the Cabinet Member for Community Services) and Mrs J Dodsworth (Director of Residents Services).

 

Mrs Lintill additionally advised the Cabinet of a revised version of the recommendation in para 2.1 of the report, which was now in two paras (as set out in the recommendation to the Council).

 

The matter was discussed by the Cabinet.

 

Mrs Dodsworth and Mrs D Shepherd (Chief Executive) responded to members’ questions and comments on points of detail.

 

Decision

 

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

 

RECOMMENDATION TO THE COUNCIL

 

(1)  That the transfer of the service as outlined in section 5 of the report be approved.

 

(2)  That the Director of Residents Services be given delegated authority to conclude the final details of the transfer, including the capital receipt and the timing of the transfer, after consultation with the Cabinet Member for Community Services.

 

 

 

 

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