Agenda, decisions and minutes

Cabinet
Tuesday 7 January 2020 9.30 am

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

Contact: Democratic Services on 01243 534684  Email:  democraticservices@chichester.gov.uk

Items
No. Item

84.

Chairman's Announcements

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

Minutes:

Mrs Lintill greeted Chichester District Council (CDC) members, officers and all those present.

 

There were no apologies for absence.

 

85.

Approval of Minutes pdf icon PDF 155 KB

The Cabinet is requested to approve as a correct record the minutes of its meeting on Tuesday 3 December 2019.

Minutes:

The Cabinet received the minutes of the meeting held on 3 December 2019 which had been circulated with the agenda.

 

There were no proposed changes to the minutes.

 

RESOLVED

 

That the minutes of the Cabinet meeting held on 3 December 2019 be approved.

 

86.

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.

 

87.

Public Question Time

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:

Mrs Lintill explained that due to the number of questions received she would not allow supplementary questions on this occasion in order to keep to the 15 minutes allocated for public questions. Please note that further publication questions had been submitted but were not read out as the questionner or representative were not present at the meeting.

 

The following public questions were received (the responses provided are indicated in italics below).

 

Mr Broughton asked the following question:

 

Regarding 'Chichester District’s Climate Emergency Initial Action Plan 2020 – 2025', it is pleasing that there is an action to 'Set a Local Authority Area-wide target for District CO2 reductions', however the proposed target of 10% year on year until 2025 is not nearly enough to respond to what has been declared an emergency. If this target was extended to 2030, then the reduction would be 65%. Several local authorities, including neighbouring Arun District, have set targets of net zero by 2030, i.e. 100% reduction.

 

Also, as the energy system of the future is going to be more distributed, and locally generated energy could be cheaper, could one of the targets of the Action Plan be based on the amount of renewable energy generated within the Local Authority Area, especially considering we live in one of the sunniest parts of the UK. A proportion of the energy demand within the Local Authority Area would be a good indicator.

 

The following answer was provided:

 

The Council's Environment Panel, in drawing up the Initial Action Plan, carefully considered the question of targets.  The target in the draft plan is an area wide one, applying to a large range of activities, some of them outside of our control and influence.  The target is a 10% year on year reduction to run until 2025 and to be reviewed by then at the latest. Achieving this will require a mixture of action by the Council, by central government and its agencies, and by individuals and businesses.  We note that Arun's target for 2030 only refers to its own operations, not the whole of that District.  The CDC area-wide target was set to align with the UK target of net carbon neutrality by 2050.  The Panel acknowledged that this target on its own will not achieve the level of carbon reduction needed long term, and that to do so it must increase after 2025.  However the 10% is a considerable increase from the 3-5% achieved year on year over the last decade and this reflects our ambition to drive a step change in action locally whilst remaining within the bounds of the achievable.  The achievement of such area-wide targets relies on a national action plan that is still to be announced.  If this arrives before the detailed action plan is approved then we will have an opportunity to review our target at that point.

 

As an indicator, the amount of renewable energy generated within the District would be a useful one, although data on small scale installations may be  ...  view the full minutes text for item 87.

88.

Climate Emergency Initial Action Plan pdf icon PDF 93 KB

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

 

1.    That the Climate Emergency Initial Action Plan, as presented in Appendix 1, is approved.

2.    That Cabinet recommends to Council that a Climate Emergency officer post at a total cost of £120,000, plus an operational budget of £30,000, is funded from reserves for 2 years (full time) to support delivery of the Action Plan.

Additional documents:

Decision:

RESOLVED

That the Climate Emergency Initial Action Plan as presented in Appendix 1 be approved.

RECOMMENDATION TO COUNCIL

 

That a Climate Emergency officer post at a total cost of £120,000, plus an operational budget of £30,000, is funded from reserves for 2 years (full time) to support delivery of the Action Plan.

Minutes:

Mrs Lintill clarified that the Cabinet recommendations are first to approve the Climate Emergency Action Plan and then to recommend to Council funding for a Climate Emergency Officer for a two year period.

 

Mrs Plant then introduced the report. She drew attention to the local level response to the Climate Emergency Declaration and explained that the council would endeavour to do the following as part of the Climate Emergency Action Plan:

 

·         Implement carbon reduction measures

·         Access funding through Homes England from the Graylingwell development

·         Increase tree planting

·         Reduce green waste

·         Consider transport options with local partners

·         Consider lifestyle options with local partners

 

Mrs Plant explained that the Environment Panel had been tasked with evaluating all possible options for how best to implement the Action Plan and had agreed on a recommendation to fund a full time Climate Emergency Officer for a two year period. The Panel had agreed that the postholder should ideally be experienced in carbon reduction and energy management projects.

 

Mr Day then provided background on the Low Carbon Chichester Fund offered by Homes England following the development agreement at Graylingwell.

 

Mrs Evans then clarified that the Action Plan included in the agenda pack is interim. If the Climate Emergency Officer role is approved the postholder would be tasked with creating a more detailed Action Plan.

 

Mr Wilding raised a point of concern relating to the planned reduction of CO2 emissions as he explained that the emission levels were likely to be out of the council’s control. Mrs Evans explained that the Low Carbon Graylingwell funding is aimed at projects which seek to reduce carbon emissions. Mr Wilding responded by outlining that transport and heating systems are two of the highest carbon emitters. Mr Day clarified that the carbon reduction levels would be calculated by taking account of national and community actions in addition to those of the council.

 

Mrs Taylor with reference to page 24 of the agenda pack relating to the Local Plan Review queried the timelines. Mrs Evans explained that the wording makes allowances for possible changes.

 

Mrs Graves with referenced to page 18 of the agenda pack sought clarification on tree planting. Mrs Evans explained that the Strategic Wildlife Corridor project would help considerably.

 

Mr Briscoe acknowledged that the 10% carbon reduction target is both realistic and achievable. He encouraged the Climate Emergency Officer to work in partnership with other local organisations to provide a positive platform for the future.

 

Mrs Lintill welcomed the proposal and the initial Action Plan.

 

Mrs Lintill then invited Miss Barrie and Mrs Sharp to ask their pre-submitted member questions (the answers provided are in italics below).

 

Miss Barrie asked the following:

 

With the very limited budget allocated to the work of the proposed new environment officer – will the cabinet please commit to a specific date for carbon neutrality for the council to work towards.  This will enable said officer to use their post to influence and motivate officers to create and implement policy and make decisions that  ...  view the full minutes text for item 88.

89.

Rumbolds Hill, Midhurst Air Quality Management Area pdf icon PDF 73 KB

The Cabinet is requested to consider the agenda report and its appendices and make the following recommendations:

 

1.    That Cabinet note the responses to the proposed Rumbolds Hill, Midhurst, Air Quality Management Area public consultation exercise.

2.    That Cabinet note the authority delegated to the Director of Planning and the Environment in consultation with the Director of Housing and Communities to make and seal an Air Quality Management Area Order at Rumbolds Hill, Midhurst as shown at Appendix 1 of this report and to commence preparation of an Air Quality Action Plan.

Additional documents:

Decision:

RESOLVED

 

1.    That the responses to the proposed Rumbolds Hill, Midhurst, Air Quality Management Area public consultation exercise be noted.

2.    That the authority delegated to the Director of Planning and the Environment in consultation with the Director of Housing and Communities to make and seal an Air Quality Management Area Order at Rumbolds Hill, Midhurst as shown at Appendix 1 of this report and to commence preparation of an Air Quality Action Plan be noted.

Minutes:

Mrs Plant introduced the report. She explained that the council has a statutory air quality duty and where an area has failed or is likely to fail air quality an Air Quality Action Plan (AQAP) must be produced. She confirmed that Rumbolds Hill, Midhurst had failed its nitrogen dioxide levels since 2015 and the council therefore has a statutory obligation to declare an Air Quality Management Area (AQMA). She then drew attention to the report detailing the background to the item and referenced the five consultation responses received. She confirmed that officers had been working with Midhurst Vision Steering Group, Midhurst Town Council, South Downs National Park Authority and West Sussex County Council to produce actions for inclusion in the AQAP. The draft AQAP will be brought to Cabinet in mid-2020 prior to going out to consultation.

 

Mrs Taylor with reference to page 39 of the agenda pack sought clarification on the air pollutants included in the AQMA. Mr Ballard confirmed that the statutory obligation is to measure nitrogen dioxide only. He explained that any actions taken as part of the AQAP are likely to have wider benefits.

 

Mr Briscoe sought clarification on how nitrogen dioxide is generated. Mrs Plant explained that it is caused as a direct result of a chemical reaction between nitrogen and oxygen. When the two gases meet a heat source such as in a car engine they react and produce nitrogen dioxide.

 

Mrs Lintill sought clarification on who holds the responsibility for the AQAP. Mr Ballard confirmed that the council is responsible for assessing and then writing the AQAP. The statutory guidance requires both authorities to work together towards a solution.

 

Decision

 

The Cabinet then voted unanimously to make the resolutions below.

 

RESOLVED

 

1.    That the responses to the proposed Rumbolds Hill, Midhurst, Air Quality Management Area public consultation exercise be noted.

2.    That the authority delegated to the Director of Planning and the Environment in consultation with the Director of Housing and Communities to make and seal an Air Quality Management Area Order at Rumbolds Hill, Midhurst as shown at Appendix 1 of this report and to commence preparation of an Air Quality Action Plan be noted.

 

90.

Allocation to Panels

Following the recent Loxwood By-Election the Cabinet is requested to appoint Cllr Janet Duncton to the Development Plan and Infrastructure Panel.

Decision:

RESOLVED

 

That Cllr Janet Duncton be appointed to the Development Plan and Infrastructure Panel.

Minutes:

Mrs Lintill briefly introduced the item.

 

Decision

 

The Cabinet then voted unanimously to make the below.

 

RESOLVED

 

That Cllr Janet Duncton be appointed to the Development Plan and Infrastructure Panel.

 

91.

Off-Street Parking Proposals Response to Consultation pdf icon PDF 71 KB

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

 

1.           That Cabinet approves the increase in car parking charges as set out in sections 5.1 to 5.3 of this report.

 

2.           That Cabinet approves the consolidation to the Parking Order as set out in section 5.4 of this report.

 

3.           That the Director of Growth and Place be authorised to give appropriate notice of any revised charges or changes as set out within this report pursuant to the Off-street Parking Places (Consolidation) Order 2018 and the Road Traffic Act 1984. 

Additional documents:

Decision:

RESOLVED

 

1.    That the increase in car parking charges as set out in sections 5.1 to 5.3 of the report be approved.

 

2.    That the consolidation to the Parking Order as set out in section 5.4 of the report be approved.

 

3.    That the Director of Growth and Place be authorised to give appropriate notice of any revised charges or changes as set out within this report pursuant to the Off-street Parking Places (Consolidation) Order 2018 and the Road Traffic Act 1984. 

Minutes:

Mr Bell introduced the report. He explained that following consideration of the consultation responses it is proposed that all car parking charge be increased as detailed in the report. He confirmed that due to the changes in the high street the increase would only be implemented for one year. This would be followed by a further review prior to any changes for 2021/22 followed by a further public consultation.

 

Mrs Murphy added that consultation had also been undertaken into  combining all parking orders into one order, increasing rural car park season ticket prices and implementing a £2 per hour rate for the central Chichester car parks Little London and Baffins Lane. If agreed the changes would be advertised prior to implementation.

 

Mrs Plant referred to the positive impact on reducing air pollution by increasing the central car park rates.

 

Decision

 

The Cabinet then voted unanimously to make the resolutions below.

 

RESOLVED

 

1.    That the increase in car parking charges as set out in sections 5.1 to 5.3 of the report be approved.

 

2.    That the consolidation to the Parking Order as set out in section 5.4 of the report be approved.

 

3.    That the Director of Growth and Place be authorised to give appropriate notice of any revised charges or changes as set out within this report pursuant to the Off-street Parking Places (Consolidation) Order 2018 and the Road Traffic Act 1984. 

 

92.

Revised Fees and Charges 2020 for the Animal Welfare Licensing Regime pdf icon PDF 74 KB

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

 

That Cabinet recommends the revised Animal Licensing fees and charges for 2020 as set out in the appendix to this report, for consideration by the General Licensing Committee.

Additional documents:

Decision:

RECOMMENDATION TO THE GENERAL LICENSING COMMITTEE

That the revised Animal Licensing fees and charges for 2020 as set out in the appendix to this report be considered by the General Licensing Committee.

Minutes:

Mrs Plant introduced the report. She explained that changes to legislation in 2018 had resulted in an increase in licensing fees based on Defra guidance. At the time the fees were calculated on the predicted cost of running the service. Following a year of officers facilitating the process a revised set of fees have been created based on the reasonable cost of providing the service. The costs are designed to be neutral and do not seek to make a profit.

 

Mrs Taylor referenced dog day care centres and asked to what extent the council is able to ensure that as many individuals and organisations are covered by the legislation. Mr Horne confirmed that dog walking is not licensable. Mr Ballard added that the council liaises with the RSPCA and also carries out its own research to identify organisations that may require licensing. He explained that this has an implication on officer time and resources.

 

Mrs Graves requested clarification on how the various price changes had been calculated. With reference to the hire of horses/donkeys Mr Horne confirmed that officer time is not required for every visit as officers will seek advice following veterinary inspection of the health of the animals. Mr Ballard added that over the year there have been 25 new licences under this category most of which were compliant.

 

Mr Briscoe asked whether guide dog training and similar activities are subject to the charges. Mr Horne confirmed that guide dog training and similar activities are exempt.

 

Decision

 

The Cabinet then voted unanimously to make the recommendation below.

 

RECOMMENDATION TO THE GENERAL LICENSING COMMITTEE

 

That the revised Animal Licensing fees and charges for 2020 as set out in the appendix to this report be considered by the General Licensing Committee.

93.

South Downs National Park Authority Extension to Development Management Agency Agreement pdf icon PDF 85 KB

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

 

That Cabinet approves an extension of the current Agreement with the South Downs National Park Authority (SDNPA) under section 101 of the Local Government Act 1972 to enable the Council to continue to provide a development management service to the SDNPA for a further two years to 30 September 2022 on the basis of the previously agreed terms of the Section 101 Agreement including the Service Level Agreement and related Protocols.

Additional documents:

Decision:

RESOLVED

 

That an extension of the current Agreement with the South Downs National Park Authority (SDNPA) be approved under section 101 of the Local Government Act 1972 to enable the Council to continue to provide a development management service to the SDNPA for a further two years to 30 September 2022 on the basis of the previously agreed terms of the Section 101 Agreement including the Service Level Agreement and related Protocols.

 

Minutes:

Mrs Taylor introduced the report. She explained that the council provides a development management service for the South Downs National Park Authority (SDNPA) for the area of the SDNP that falls within the district. The current S106 agreement was entered into on 1 October 2017 and was set for a three year term with the potential to extend for a further two years subject to the agreement of both parties. As part of the Agreement the council is paid per application. The Agreement provides the additional benefit of involvement by the Council in development proposals within SDNP which equates to 70% of Chichester district. The costs received reflect costs incurred in delivering  the development management service in the national park. It is agreed that the Agreement is mutually beneficial to both parties with the SDNPA confirming that Chichester is its best performing host authority. As a result it is proposed that the two year extension be agreed.

 

Decision

 

The Cabinet then voted unanimously to make the resolution below.

 

RESOLVED

 

That an extension of the current Agreement with the South Downs National Park Authority (SDNPA) be approved under section 101 of the Local Government Act 1972 to enable the Council to continue to provide a development management service to the SDNPA for a further two years to 30 September 2022 on the basis of the previously agreed terms of the Section 101 Agreement including the Service Level Agreement and related Protocols.

94.

Strategic Wildlife Corridors Project pdf icon PDF 78 KB

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

 

1.    That Cabinet approve the submission of an application to the National Heritage Lottery Fund for the funding of a 5-year Strategic Wildlife Corridors Project.

2.    That Cabinet approve the annual contribution of £10,000 from reserves for 5-years as match funding towards the project and to allow the continued funding of the Council’s Community Wildlife Officer Post.

Additional documents:

Decision:

RESOLVED

 

1.    That the submission of an application to the National Heritage Lottery Fund for the funding of a 5-year Strategic Wildlife Corridors Project be approved.

 

2.    That the annual contribution of £10,000 from reserves for 5-years as match funding towards the project and to allow the continued funding of the Council’s Community Wildlife Officer Post be approved.

Minutes:

Mrs Plant introduced the report. She explained that in addition to Chichester Harbour, Pagham Harbour and SDNPA which are all important areas for wildlife in the district there are many other valuable habitats and species along the A27 corridor and surrounding areas. The wildlife corridors connect wildlife and Local Plan Review policies have been created to protect those links. Mrs Plant then explained that in order to secure a living landscape,  future enhancements are needed. It is therefore proposed that a bid be submitted to the Heritage Lottery Fund with the purpose of protecting and enhancing these wildlife corridors. The project would be in two phases in line with Heritage Lottery Fund rules. The first stage would be development and the second implementation. The bid must be submitted by March 2020 and needs to demonstrate the council’s commitment to hosting a Community Wildlife Officer post and the provision of match funding. The project will expand to the east of the city and continue the current work with local groups.

 

Mrs Evans added that the approach is ground breaking if the bid is successful it is hoped that the council will be used as a best practice case study across the country.

 

Mr Briscoe then provided positive feedback from his ward.

 

Mrs Taylor expressed the commitment of the council to the wildlife of the district.

 

Mrs Lintill then took the opportunity to commend the officer that prepared the bid.

 

Decision

 

The Cabinet then voted unanimously to make the resolutions below.

 

RESOLVED

 

1.    That the submission of an application to the National Heritage Lottery Fund for the funding of a 5-year Strategic Wildlife Corridors Project be approved.

 

2.    That the annual contribution of £10,000 from reserves for 5-years as match funding towards the project and to allow the continued funding of the Council’s Community Wildlife Officer Post be approved.

95.

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.

 

96.

Exclusion of the Press and Public

There are no restricted items for consideration at this meeting.

 

Please note for members and senior officers the agenda papers contain exempt appendix 1 and appendix 2 for agenda item 10 South Downs National Park Authority Extension to Development Management Agency Agreement (these documents are printed on salmon paper).

Minutes:

There was no requirement to exclude the press and public.