Agenda, decisions and minutes

Cabinet - Tuesday 8 September 2020 9.30 am

Venue: Virtually

Contact: Democratic Services  Email:  democraticservices@chichester.gov.uk

Items
No. Item

27.

Chair's Announcements

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

Minutes:

The Chair welcomed Cllr Tony Dignum who had re-joined the Cabinet. She also thanked Cllr Martyn Bell for his service to the Cabinet as he would be stepping down from his role following the meeting.

 

There were no apologies for absence.

 

28.

Approval of Minutes pdf icon PDF 89 KB

The Cabinet is requested to approve as a correct record the minutes of its meeting on Tuesday 7 July 2020.

Minutes:

RESOLVED

 

That the minutes of the meeting of Cabinet held on Tuesday 7 July 2020 be approved as a correct record with a hard copy to be signed at an appropriate point.

 

29.

Declarations of Interests

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

Minutes:

There were no declarations of interest.

 

30.

Public Question Time pdf icon PDF 524 KB

In accordance with Chichester District Council’s scheme for public question time as amended by Full Council on 24 September 2019 the Cabinet will receive any questions which have been submitted by members of the public in writing by noon two working days before the meeting. Each questioner will be given up to three minutes to ask their question. The total time allocated for public question time is 15 minutes subject to the Chairman’s discretion to extend that period.

Minutes:

The following public questions were submitted:

 

Public Question submitted by Mr Harry Nix:

 

Will you include our proposals into the LCWIP to improve St Pancras, Chichester for cyclists and pedestrians, given there is local support for this initiative?

 

Response from Cllr Penny Plant:

 

Thank you for your question. CDC will, subject to today’s Cabinet resolution, go out to public consultation on its draft for consultation LCWIP. The LCWIP has been designed to accord with, but not overlap, existing plans for the local highway network. These have in the main been brought forward by West Sussex County Council as the local Highway Authority and are namely the Sustainable Transport Package and the Local Transport Improvement Programme. Whilst the LCWIP consultation is aimed at consulting on what is included in the consultation draft LCWIP rather than new ideas, we will treat your question as an early consultation response. As such we will forward your suggestion to WSCC Highways with any other new ideas that arise as consultation responses such that they can comment on the merit, or otherwise, of any such proposals at that time. We will then consider whether to amend the LCWIP prior to its adoption.

 

Public Question submitted by Mr T Broughton:

 

It is pleasing to read in the ‘Draft Climate Emergency Detailed Action Plan’ that the truth about how the Chichester District can become net zero is becoming plain to see; especially with regard to the sector ‘Energy Supply’. However, the way that this data is presented is hard to understand. MWh/ha is not tangible. The area of the District is 78600ha, so presenting the data in MWh is much easier to understand. Better still is to present, in addition, the number of wind turbines required and area of solar. For example, using the data presented in the Action Plan and industry standard components, this would mean the following would need to be installed by 2030: 150GWh of large-scale wind or 27 large turbines; and 204GWh of small-scale wind or 3900 small-scale wind turbines; and 16GWh large scale solar or 23ha. (Although note that there is already 68GWh (98ha) of large scale solar in the Chichester District!)

 

In conclusion, a pathway to net zero is needed so using a modelling tool like SCATTER to generate this pathway is desirable, but could the information presented in the Action Plan please be done so in a more understandable manner? Additionally, it is disappointing that the Action Plan states: ‘Establish a renewable energy generation working group when time resources permit.’ In order to meet the target of renewable energy installations by 2030 will require a working group to start work immediately. Especially as the local Distribution Network Operator, SSEN, are currently working on their plans for 2023-2028 now, including the development of Local Area Energy Plans.

Response from Cllr Penny Plant:

 

SCATTER is a modelling tool designed to assist local authorities. It estimates the greenhouse gas emissions for individual local authorities and then models the effect of different measures to reduce  ...  view the full minutes text for item 30.

31.

Chichester District Council Annual Report 2019-20 pdf icon PDF 118 KB

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

 

That the Annual Report 2019-2020 be received by the Council.

Additional documents:

Decision:

* RECOMMENDATION TO FULL COUNCIL

 

That the Annual Report 2019-2020 be received.

Minutes:

The Chair introduced the item and explained that each of the Cabinet members would provide an outline of their portfolio area at the next Full Council meeting.

 

In a vote the following recommendation was agreed:

 

* RECOMMENDATION TO FULL COUNCIL

 

That the Annual Report 2019-2020 be received.

 

32.

Tangmere Strategic Development Location - Chichester District Council (Tangmere) Compulsory Purchase Order 2020 pdf icon PDF 627 KB

The Cabinet is requested to consider the report and note and approve the revised timetable identified in section 6 of the Report.

 

The Cabinet is also requested to recommend to Council:

 

1.    That the Council authorises the use of Compulsory Purchase powers as set out in Section 226(1)(a) of the Town and Country Planning Act 1990 to compulsorily acquire the Order Land identified within Appendix B, and in particular that the Council makes the Order;

 

2.    that the Director of Planning and the Environment be authorised, following consultation with the Cabinet Member for Planning Services, to:

 

a.    settle the final form and content of the Order and all associated documentation and take all action needed to pursue the Order and secure its confirmation;

 

b.    negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of objections or undertakings not to enforce the Order on specific terms including where appropriate removing land or rights from the Order or to request the modification of the Order by the Secretary of State;

 

c.    implement the Order powers following confirmation of the Order and so acquire title to and/or take possession of the Order Land.

Additional documents:

Decision:

RESOLVED

 

That the report be revised timetable identified in section 6 of the report be noted and approved.

 

*RECOMMENDATIONS TO FULL COUNCIL

 

1.    That the Council authorises the use of Compulsory Purchase powers as set out in Section 226(1)(a) of the Town and Country Planning Act 1990 to compulsorily acquire the Order Land identified within Appendix B, and in particular that the Council makes the Order;

 

2.    that the Director of Planning and the Environment be authorised, following consultation with the Cabinet Member for Planning Services, to:

a.    settle the final form and content of the Order and all associated documentation and take all action needed to pursue the Order and secure its confirmation;

b.    negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of objections or undertakings not to enforce the Order on specific terms including where appropriate removing land or rights from the Order or to request the modification of the Order by the Secretary of State;

c.    implement the Order powers following confirmation of the Order and so acquire title to and/or take possession of the Order Land.

Minutes:

Cllr Taylor introduced the item and explained that two supplements had been sent to members the day before. The first an addendum to the report and the second an amended restricted appendix 3. The council’s legal advisor Mr Robin De Wreede was invited to speak. He provided further clarity on the addendum that had been circulated and confirmed that there remained no agreed timetable put forward by the landowners to date.

 

Miss Chivers responded to a request to clarify whether the cost could vary prior to April 2021. She explained that the current figure represents officers best estimate.

 

The Chair then invited Cllr Oakley to ask a question. Cllr Oakley requested confirmation that ward members would be included in the consultation referenced in recommendation 3.2. Cllr Taylor confirmed that would be the case.

 

In a vote the following resolution and recommendations were agreed:

 

RESOLVED

 

That the revised timetable identified in section 6 of the report be noted and approved.

 

*RECOMMENDATIONS TO FULL COUNCIL

 

1.    That the Council authorises the use of Compulsory Purchase powers as set out in Section 226(1)(a) of the Town and Country Planning Act 1990 to compulsorily acquire the Order Land identified within Appendix B, and in particular that the Council makes the Order;

 

2.    that the Director of Planning and the Environment be authorised, following consultation with the Cabinet Member for Planning Services and local ward Members, to:

a.    settle the final form and content of the Order and all associated documentation and take all action needed to pursue the Order and secure its confirmation;

b.    negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of objections or undertakings not to enforce the Order on specific terms including where appropriate removing land or rights from the Order or to request the modification of the Order by the Secretary of State;

c.    implement the Order powers following confirmation of the Order and so acquire title to and/or take possession of the Order Land.

 

33.

Approval of the draft Infrastructure Business Plan 2021-26 for consultation (with the City, Town and Parish Councils and key Infrastructure Delivery Commissioners) pdf icon PDF 394 KB

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

 

That the Draft Infrastructure Business Plan 2021-26 (Appendix 1) 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 5 October to 16 November 2020.

Additional documents:

Decision:

RESOLVED

 

That the Draft Infrastructure Business Plan 2021-26 (Appendix 1) 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 5 October to 16 November 2020.

Minutes:

Cllr Taylor introduced the item. She drew attention to the following funding allocations:

 

·         The removal of IBP 398, funds originally allocated for 2020/21 as per paragraph 3.9 of the report and its replacement by projects set out in paragraph 3.16 of the report.

·         The addition of IBP 840, £60,000 allocated for 2021/22

·         The addition of IBP 841, £500,000 allocated for 2022/23 delivery

·         The addition of IBP 593, £2.1 million allocated for 2025/26 delivery

·         The addition of IBP 842, officers have requested £575,000 over 5 years

·         The addition of IBP 844, officers have requested £880,000 for 2022/23

 

In a vote the following resolution was agreed:

 

RESOLVED

 

That the Draft Infrastructure Business Plan 2021-26 (Appendix 1) 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 5 October to 16 November 2020.

 

34.

Chichester City Local Cycling and Walking Infrastructure Plan pdf icon PDF 229 KB

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

 

That the draft Chichester City Local Cycling and Walking Infrastructure Plan be approved for consultation.

Additional documents:

Decision:

RESOLVED

 

That the draft Chichester City Local Cycling and Walking Infrastructure Plan be approved for consultation.

Minutes:

Cllr Plant introduced the item.

 

Both Cllr Briscoe and Cllr Dignum welcomed the plan. Cllr Dignum also raised caution over raising expectations of the funding available. Mr Ballard responded by explaining that funding should be made available from the Department for Transport. Officers are also in the process of prioritising projects for inclusion in the IBP and bids for CIL funding could also be made in future. He added that the council is better placed to bid for funding with a Plan.

 

In a vote the following resolution was agreed:

 

RESOLVED

 

That the draft Chichester City Local Cycling and Walking Infrastructure Plan be approved for consultation.

 

35.

Draft Climate Emergency Detailed Action Plan pdf icon PDF 675 KB

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

 

That the Draft Climate Emergency Detailed Action Plan be approved for public consultation.

Decision:

RESOLVED

 

That the Draft Climate Emergency Detailed Action Plan be approved for public consultation.

Minutes:

Cllr Plant introduced the item.

 

Mrs Evans then drew members attention to the website https://solartogether.co.uk/chichester/home which had launched at the beginning of the month as referenced in action 3b on the Plan. She then explained that with regard to action 3c officers from the council’s housing team had put forward a consortium bid for a green homes grant.

 

Cllr Briscoe and Cllr Sutton both welcomed a Citizens Jury rather than a Citizens Assembly. Cllr Sutton also welcomed the housing initiative which sits within his portfolio.

 

In a vote the following resolution was agreed:

 

RESOLVED

 

That the Draft Climate Emergency Detailed Action Plan be approved for public consultation.

36.

2019-2020 Treasury Management outturn report pdf icon PDF 607 KB

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

 

1.    That the Treasury activity summarised in the report, taking into account any comments provided by the Corporate Governance and Audit Committee be considered.

 

2.    That the assessment of the security of the Council’s direct investments in commercial property be considered.

Decision:

RESOLVED

 

1.    That the Treasury activity summarised in the report, taking into account any comments provided by the Corporate Governance and Audit Committee be considered.

2.    That the Cabinet notes the matters reported in sections 5.2 to 5.4 of the report and agrees no further action is required by the council to mitigate the loss.

Minutes:

Cllr Wilding introduced the item. He outlined an amendment to recommendation two as stated in the resolution below.

 

In a vote the following amended resolutions were agreed:

 

RESOLVED

 

1.    That the Treasury activity summarised in the report, taking into account any comments provided by the Corporate Governance and Audit Committee be considered.

 

2.    That the Cabinet notes the matters reported in sections 5.2 to 5.4 of the report and agrees no further action is required by the council to mitigate the loss.

 

37.

Appointment to Cabinet and Panels

The Cabinet is asked to note:

 

1.    That the Leader appointed Cllr Tony Dignum as Cabinet Member for Growth, Place and Regeneration from 20 August 2020

2.    That Cllr Martyn Bell steps down from the Cabinet following its meeting on 8 September 2020

 

The Cabinet is also requested to make the following appointments:

 

  1. That Cllr Tony Dignum be appointed to Chichester District Parking Forum as Chair of the Forum in place of Cllr Martyn Bell
  2. That Cllr Tony Dignum be appointed to Chichester District Growth Board in place of Cllr Martyn Bell
  3. That Cllr Tony Dignum be appointed to the National Farmers Union Liaison in place of Cllr Martyn Bell

Decision:

RESOLVED

 

1.    That it be noted that the Leader appointed Cllr Tony Dignum as Cabinet Member for Growth, Place and Regeneration from 20 August 2020.

 

2.    That it be noted that Cllr Martyn Bell steps down from the Cabinet following its meeting on 8 September 2020.

 

3.    That Cllr Tony Dignum be appointed to Chichester District Parking Forum as Chair of the Forum in place of Cllr Martyn Bell.

 

4.    That Cllr Tony Dignum be appointed to Chichester District Growth Board in place of Cllr Martyn Bell.

 

5.    That Cllr Tony Dignum be appointed to the National Farmers Union Liaison in place of Cllr Martyn Bell.

Minutes:

The Cabinet agreed the following resolutions as set out on the agenda front sheet:

 

RESOLVED

 

1.    That it be noted that the Leader appointed Cllr Tony Dignum as Cabinet Member for Growth, Place and Regeneration from 20 August 2020.

 

2.    That it be noted that Cllr Martyn Bell steps down from the Cabinet following its meeting on 8 September 2020.

 

3.    That Cllr Tony Dignum be appointed to Chichester District Parking Forum as Chair of the Forum in place of Cllr Martyn Bell.

 

4.    That Cllr Tony Dignum be appointed to Chichester District Growth Board in place of Cllr Martyn Bell.

 

5.    That Cllr Tony Dignum be appointed to the National Farmers Union Liaison in place of Cllr Martyn Bell.

 

38.

The provision of Parking Services on behalf of West Sussex County Council pdf icon PDF 224 KB

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

 

1.    That the additional services required to be delivered by CDC’s Parking Services on behalf of WSCC (at no additional cost to CDC) as a variation to the current Agency Agreement, as set out in paragraph 3.3 of the report be approved.

 

2.    That delegated authority be granted to the Director of Growth and Place in consultation with the Cabinet Holder for Growth, Place and Regeneration to agree minor amendments to the terms of the agreement. 

Decision:

RESOLVED

 

1.    That the additional services required to be delivered by CDC’s Parking Services on behalf of WSCC (at no additional cost to CDC) as a variation to the current Agency Agreement, as set out in paragraph 3.3 of the report be approved.

 

2.    That delegated authority be granted to the Director of Growth and Place in consultation with the Cabinet Holder for Growth, Place and Regeneration to agree minor amendments to the terms of the agreement.

Minutes:

Cllr Dignum introduced the item. Mrs Murphy added that the council had and continues to work closely with West Sussex County to monitor the parking services offer including the impact on resources now and for the future.

 

In a vote the following resolutions were agreed (including amended recommendation 2):

 

RESOLVED

 

1.    That the additional services required to be delivered by CDC’s Parking Services on behalf of WSCC (at no additional cost to CDC) as a variation to the current Agency Agreement, as set out in paragraph 3.3 of the report be approved.

 

2.    That delegated authority be granted to the Director of Growth and Place in consultation with the Cabinet Holder for Growth, Place and Regeneration to agree minor amendments to the terms of the agreement.

 

39.

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

Minutes:

There were no late items.

 

40.

Exclusion of the Press and Public

The Cabinet is asked to consider in respect of agenda items 15 and 16 (and for three appendices to agenda item 6) whether the public including the press should be excluded from the meeting on the following ground of exemption in Schedule 12A to the Local Government Act 1972 namely Paragraph 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information)) and because, in all the circumstances of the case, the public interest in maintaining the exemption of that information outweighs the public interest in disclosing the information.

 

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

Minutes:

Cllr Lintill proposed and read the part II resolution in relation to agenda items 15 and 16 which was seconded by Cllr Taylor.

 

The Cabinet then voted to go into part II.

 

RESOLVED

 

That with regard to agenda items 15 and 16 the public including the press should be excluded from the meeting on the grounds of exemption in Schedule 12A to the Local Government Act 1972 namely Paragraph 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information)) and because, in all the circumstances of the case, the public interest in maintaining the exemption of that information outweighs the public interest in disclosing the information.

 

41.

Income Strip and Wrapper Lease

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

 

1.    To receive the comments from Corporate Governance and Audit Committee.

 

2.    That the proposal as set out in section 5 of the report be approved.

Decision:

RESOLVED

 

That Cabinet agreed to uphold the recommendations from Corporate Governance and Audit Committee.

Minutes:

Cllr Wilding introduced the item and the amended recommendation as stated below.

 

Mr Ward responded to a question from Cllr Dignum.

 

In a vote the following amended resolution was agreed:

 

RESOLVED

 

That Cabinet agreed to uphold the recommendations from Corporate Governance and Audit Committee.

 

42.

Southern Gateway

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

 

That the update summary of the progress made in signing the Development Agreement in section 4.9 and the site acquisitions summary in section 4.10 be noted and the actions as set out in the proposal, section 6, of the report be approved.

Decision:

RESOLVED

 

1.    That the update summary of the progress made in signing the Development Agreement in section 4.9 and the site acquisitions summary in section 4.10 be noted.

 

2.    That section 6.3 of the report be removed with the remaining actions as set out in section 6 of the report approved.

Minutes:

Cllr Lintill left the meeting and the Chair passed to Cllr Taylor.

 

Cllr Dignum introduced the item.

 

Mrs Hotchkiss explained that section 6.3 would no longer be required. Cllr Dignum agreed with the suggestion to delete recommendation section 6.3.

 

Mr Hotchkiss responded to questions from Cllr Bell and Cllr Plant.

 

In a vote the following resolutions including amended recommendation 2 were agreed:

 

RESOLVED

 

1.    That the update summary of the progress made in signing the Development Agreement in section 4.9 and the site acquisitions summary in section 4.10 be noted.

 

2.    That section 6.3 of the report be removed with the remaining actions as set out in section 6 of the report approved.