Agenda, decisions and draft minutes

Cabinet - Tuesday 7 September 2021 9.30 am

Venue: Committee Rooms, East Pallant House. View directions

Contact: Lisa Higenbottam on 01243 534684  Email:  lhigenbottam@chichester.gov.uk

Items
No. Item

40.

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:

Cllr Lintill welcomed everyone to the meeting.

 

The emergency evacuation information was then read out.

 

There were no apologies for absence.

 

41.

Approval of Minutes pdf icon PDF 402 KB

The Cabinet is requested to approve as a correct record the minutes of its meeting on 6 July 2021.

Minutes:

RESOLVED

 

That the minutes of the Cabinet meeting held on 6 July 2021 be approved as a correct record.

 

42.

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:

Cllr Briscoe declared a prejudicial interest in relation to agenda item 6 as a member of Westbourne Parish Council. He agreed not to speak or vote on the item.

 

43.

Public Question Time pdf icon PDF 102 KB

In accordance with Chichester District Council’s scheme for public question time 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 Chair’s discretion to extend that period.

Minutes:

The following public question was submitted and read by the Reverend Canon Bruce Ruddock:

 

The recent events on Priory Park have left the area in front of and around the white pavilion in a dreadful state. The white pavilion itself is a decaying eyesore and - as a cricket umpire in the Sussex League – I find it an embarrassment to the cricket club, especially when hosting away teams. Prior to the recent concerts, I had been reassured by a council member that everything possible was in place to protect the park. In the event, this did not prove to be the case and this wonderful space now represents a fallow farmers field. Now It has dried out the ruts are also a hazard for the elderly and young families. May I ask what the council propose to do to prevent such events happening again and what resources are in place to repair the ground, and when?

 

Cllr Briscoe provided the following response:

 

The Council is in active discussions with the Cricket Club who are looking to take a lease of the White Pavilion, to help support their future plans.  In the meantime the Council continues to undertake planned and reactive maintenance and repairs, although understandably works such as redecorations do need to be planned around use of the building.  Funds for these works do not extend to enhancements or improvements to the building and potential funding sources for those such works are part of the conversations currently taking place between the Council and the Cricket Club.

 

The damage should not have occurred to the cricket outfield and the Council felt they put everything in place to prevent damage from occurring.  Unfortunately the damage was caused by vehicles that the event organiser had not notified us they would be using prior to the eventand the unseasonal amount of rain in the week prior to the event.  Theevent organisers had also misjudged the turning requirements of their delivery lorries resulting in the lorries not being able to turn from North Street into Guildhall Street. This resulted in the use of forklift trucks  to move the equipment to and from their lorries on Priory Road.

 

As soon as the council were aware of the damage, Chichester Contract Services began obtaining quotations for the repair works.  These quotations have been received and works on the repairs are due to take place following the completion of the cricket season which will allow the cricket to continue and  to give the grass the best chance of establishing.

 

The Council will review the lessons learnt from the event and will continue to work closely with event organisers to deliver events for the local community and visitors whilst managing and protecting the parks infrastructure.

44.

Housing Grants pdf icon PDF 235 KB

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

 

That Cabinet recommends to the Council that delegated authority is given to the Director of Housing and Communities to spend the grant funding received from Government set out in para 3.1 to 3.8 of this report in accordance with the terms of the grant.

Decision:

*RECOMMENDATION TO COUNCIL

 

That Cabinet recommends to the Council that delegated authority is given to the Director of Housing and Communities in consultation with the Cabinet member for Housing and Communities to spend the grant funding received from Government set out in para 3.1 to 3.8 of this report in accordance with the terms of the grant.

 

Minutes:

Cllr Sutton introduced the item and outlined a minor amendment to recommendation 5.1 of the report.

 

In a vote the following recommendation was agreed:

 

RECOMMENDED TO COUNCIL

 

That Cabinet recommends to the Council that delegated authority is given to the Director of Housing and Communities following consultation with the Cabinet member for Housing and Communities to spend the grant funding received from Government set out in para 3.1 to 3.8 of this report in accordance with the terms of the grant.

45.

Making the Westbourne Neighbourhood Development Plan pdf icon PDF 122 KB

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

 

Make the Westbourne Neighbourhood Development Plan part of the Development Plan for Chichester District (excluding the area within the South Downs National Park).

Decision:

*RECOMMENDED TO FULL COUNCIL:

 

To make the Westbourne Neighbourhood Development Plan part of the Development Plan for Chichester District (excluding the area within the South Downs National Park).

 

Minutes:

Cllr Taylor introduced the item.

 

In a vote the following recommendation was agreed:

 

RECOMMENDED TO COUNCIL

 

To make the Westbourne Neighbourhood Development Plan part of the Development Plan for Chichester District (excluding the area within the South Downs National Park).

46.

Commissioning of West Sussex Community Advice and Support Service pdf icon PDF 133 KB

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

 

That the Cabinet recommends to Council the continuation of the Funding Partnership to commission a Community Advice and Support Service across West Sussex for up to seven years from April 2022 with West Sussex County Council as the lead authority. 

 

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

 

That the Cabinet delegates authority to the Director of Housing and Communities, following consultation with the Cabinet Member for Community Services, to agree to the Inter Agency Agreement, the specification and signing of the contract, and delegates the annual monitoring of performance to the Grants and Concessions Panel.

Decision:

*RECOMMENDATION TO FULL COUNCIL:

 

That the Cabinet recommends to Council the continuation of the Funding Partnership to commission a Community Advice and Support Service across West Sussex for up to seven years from April 2022 with West Sussex County Council as the lead authority. 

 

RESOLVED

 

That the Cabinet delegates authority to the Director of Housing and Communities, following consultation with the Cabinet Member for Community Services, to agree to the Inter Agency Agreement, the specification and signing of the contract, and delegates the annual monitoring of performance to the Grants and Concessions Panel.

 

Minutes:

Cllr Briscoe introduced the item.

 

In a vote the following recommendation and resolution were agreed:

 

RECOMMENDATION TO FULL COUNCIL:

 

That the Cabinet recommends to Council the continuation of the Funding Partnership to commission a Community Advice and Support Service across West Sussex for up to seven years from April 2022 with West Sussex County Council as the lead authority.

 

RESOLVED

 

That the Cabinet delegates authority to the Director of Housing and Communities, following consultation with the Cabinet Member for Community Services, to agree to the Inter Agency Agreement, the specification and signing of the contract, and delegates the annual monitoring of performance to the Grants and Concessions Panel.

47.

First Homes Eligibility Criteria pdf icon PDF 124 KB

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

 

That the Cabinet approves the adoption of a district local connection requirement as set out at paragraph 5.2 for First Homes delivered through new residential developments.

Additional documents:

Decision:

RESOLVED

 

That the Cabinet approves the adoption of a district local connection requirement as set out at paragraph 5.2 for First Homes delivered through new residential developments.

 

Minutes:

Cllr Sutton introduced the item.

 

Members of the Cabinet sought clarification on the report. Mr Jones explained that with regard to the application of discount on the sale of a first home property there is a cap of £250,000 on the first sale  after which any subsequent sales are in line with the market. Mrs Grange added that it is now the case that shared ownership home owners are unable to save as much as had been the case in the past due to the current level of interest rates. She then clarified that first home exception sites do not apply in all areas of the district as stated in the report.

 

In a vote the following resolution was agreed:

 

RESOLVED

 

That the Cabinet approves the adoption of a district local connection requirement as set out at paragraph 5.2 for First Homes delivered through new residential developments.

48.

Approval of the draft Infrastructure Business Plan 2022-27 for consultation (with the City, Town and Parish Councils and key Infrastructure Delivery Commissioners) pdf icon PDF 410 KB

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

 

1.    That Cabinet considers the recommendation from the Development Plan and Infrastructure Panel that Project IBP/877 is deselected for CIL funding and removed from the IBP Spending Plan as set out in para. 4.9 of the report and determines its position regarding CIL funding in respect of this project.

2.    That subject to its decision in respect of recommendation 2.1 above, Cabinet approves the Draft Infrastructure Business Plan 2022-27 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 4 October to 15 November 2021.

Additional documents:

Decision:

RESOLVED

 

1)    That Cabinet having considered the recommendation from the Development Plan and Infrastructure Panel that Project IBP/877 is deselected for CIL funding and removed from the IBP Spending Plan as set out in para. 4.9 below, determines its position that this project is included in the draft IBP for CIL funding.

2)    That Cabinet approves the Draft Infrastructure Business Plan 2022-27, including project IBP/877 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 4 October to 15 November 2021.

 

Minutes:

Cllr Taylor introduced the item. Cllr Lintill added that the Growth Board had received a presentation from the CCG regarding GP provision.

 

Mrs Shepherd then clarified that the recommendation agreed at the Development Plan and Infrastructure Panel (DPIP) could be subject to challenge if agreed by Cabinet as members had not provided enough evidence base to remove the bid from Langley House Surgery. She explained that the Cabinet were asked to agree the consultation and only Full Council would make the final decision.

 

Mr Bennett advised members of the legal requirements of decision making and that rejecting an item for the Plan which demonstrates growth being the express condition under the CIL regulations would be acting against the rules of decision making and therefore would put the council at risk of Judicial Review.

 

Cllr Lintill invited Cllr Moss to speak. Cllr Moss spoke of providing the right provision and value for money. He noted the legal advice of the Monitoring Officer but asked Cabinet to support the DPIP recommendation.

 

In response to members comments Mrs Dower clarified that the figures in section 4.8 on page 41 of the agenda pack varied from the previous year as this year’s figure is for Langley House only not Parklands Surgery which had been originally included.

 

In a vote the following resolutions were agreed:

 

RESOLVED

 

1)    That Cabinet having considered the recommendation from the Development Plan and Infrastructure Panel that Project IBP/877 is deselected for CIL funding and removed from the IBP Spending Plan as set out in para. 4.9 below, determines its position that this project is included in the draft IBP for CIL funding.

2)    That Cabinet approves the Draft Infrastructure Business Plan 2022-27, including project IBP/877 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 4 October to 15 November 2021.

49.

Climate Emergency Action Plan – Proposed Budget Amendments pdf icon PDF 366 KB

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

 

1.    That, subject to completion of the WSCC Local Cycling and Walking Infrastructure Plan (LCWIP) prioritisation and pre-engagement stages, Cabinet approves the commissioning of a feasibility study for one priority LCWIP scheme funded by Business Rates Pool funding (£38,000) with the remainder allocated from reserves (£12,500).

 

2.    That Cabinet notes that the following proposals are to be considered within the context of the Future Services Framework priority setting exercise after which they will be reported back to cabinet as appropriate for further consideration:

 

(a)  Feasibility studies for two further priority LCWIP schemes (paragraphs 4.2 - 4.5).

 

(b)  Appointment of a Home Energy Conservation Officer (paragraphs 4.5 - 4.7).

 

3.    That Cabinet approves the options for engagement and communication on climate change as outlined in paragraphs 4.8 - 4.11.

Additional documents:

Decision:

RESOLVED

 

1.    That, subject to completion of the WSCC Local Cycling and Walking Infrastructure Plan (LCWIP) prioritisation and pre-engagement stages, Cabinet approves the commissioning of a feasibility study for one priority LCWIP scheme funded by Business Rates Pool funding (£38,000) with the remainder allocated from reserves (£12,500). 

2.    That Cabinet notes that the following proposals are to be considered within the context of the Future Services Framework priority setting exercise after which they will be reported back to cabinet as appropriate for further consideration: 

(a)  Feasibility studies for two further priority LCWIP schemes (paragraphs 4.2 - 4.5). 

(b)  Appointment of a Home Energy Conservation Officer (paragraphs 4.5 - 4.7).

3.    That Cabinet approves the options for engagement and communication on climate change as outlined in paragraphs 4.8 - 4.11.

 

Minutes:

Cllr Taylor introduced the item.

 

Cllr Lintill invited Cllr Moss to speak. Cllr Moss spoke in favour of climate change initiatives.

 

In a vote the following resolutions were agreed:

 

RESOLVED

 

1.    That, subject to completion of the WSCC Local Cycling and Walking Infrastructure Plan (LCWIP) prioritisation and pre-engagement stages, Cabinet approves the commissioning of a feasibility study for one priority LCWIP scheme funded by Business Rates Pool funding (£38,000) with the remainder allocated from reserves (£12,500). 

2.    That Cabinet notes that the following proposals are to be considered within the context of the Future Services Framework priority setting exercise after which they will be reported back to cabinet as appropriate for further consideration: 

(a)  Feasibility studies for two further priority LCWIP schemes (paragraphs 4.2 - 4.5). 

(b)  Appointment of a Home Energy Conservation Officer (paragraphs 4.5 - 4.7).

3.    That Cabinet approves the options for engagement and communication on climate change as outlined in paragraphs 4.8 - 4.11.

50.

Communications Strategy 2021-2026 pdf icon PDF 224 KB

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

 

Cabinet adopts the draft Communications and Digital Strategy 2021 – 2026.

Additional documents:

Decision:

RESOLVED

 

That Cabinet adopts the draft Communications and Digital Strategy 2021 – 2026.

 

Minutes:

Cllr Sutton introduced the item.

 

Cllr Lintill invited Cllr Moss to speak. Cllr Moss spoke in support of engagement of young people via communication strategies. Cllr Sutton then outlined how he had been working on bringing more communication to young people via social media.

 

Cllr Dignum requested more work on the parking section of the website. Mrs Parker explained that this was already underway.

 

Cllr Sutton confirmed that the approach is to be ‘customer first’.

 

Members congratulated the PR team on their communications through the pandemic.

 

In a vote the following resolution was agreed:

 

RESOLVED

 

That Cabinet adopts the draft Communications and Digital Strategy 2021 – 2026.

51.

Development Management Division Workloads and Resourcing pdf icon PDF 225 KB

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

 

That Cabinet approves:

 

1.    The creation of a further Senior Planning Officer post in the Major Applications and Business Team at a cost of £45,000 per annum as a result of the demand for Planning Performance Agreements (PPA) with developers on some of the Council’s Strategic Development Sites, to be directly funded from an agreement with Graylingwell LLP in the first year and anticipated to be funded through further PPA’s in subsequent years;

2.    The creation of a further Planning Assistant Post at a cost of £28,000 per annum to deal with the increased workload of the Development Management Service to be funded from reserves for the remainder of the financial year 2021/22 and incorporated into the 2022/23 base budget thereafter.

3.    The release of £20,000 from reserves to cover the cost of temporary agency staff to address the current backlog of applications.

Decision:

RESOLVED

 

That Cabinet approves:

 

1.    The creation of a further Senior Planning Officer post in the Major Applications and Business Team at a cost of £53,419 per annum as a result of the demand for Planning Performance Agreements (PPA) with developers on some of the Council’s Strategic Development Sites, to be directly funded from an agreement with Graylingwell LLP in the first year and anticipated to be funded through further PPA’s in subsequent years;

2.    The creation of a further Planning Assistant Post at a cost of £33,861 per annum to deal with the increased workload of the Development Management Service to be funded from reserves for the remainder of the financial year 2021/22 and incorporated into the 2022/23 base budget thereafter.

 

Minutes:

Cllr Taylor introduced the item.

 

Cllr Lintill invited Cllr Moss to speak. Cllr Moss spoke in favour of supporting the development management service.

 

Mr Whitty in response to members comments clarified that the council receives no fees for work on appeals and small applications do not cover their costs.

 

In a vote the following resolutions were agreed:

 

RESOLVED

 

1.    The creation of a further Senior Planning Officer post in the Major Applications and Business Team at a cost of £53,419 per annum as a result of the demand for Planning Performance Agreements (PPA) with developers on some of the Council’s Strategic Development Sites, to be directly funded from an agreement with Graylingwell LLP in the first year and anticipated to be funded through further PPA’s in subsequent years;

2.    The creation of a further Planning Assistant Post at a cost of £33,861 per annum to deal with the increased workload of the Development Management Service to be funded from reserves for the remainder of the financial year 2021/22 and incorporated into the 2022/23 base budget thereafter.

52.

Options to deter unauthorised vehicle encampments on CDC land pdf icon PDF 610 KB

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

 

1.    That Cabinet approve that officers focus on New Park and East Broyle sites to ensure that appropriate measures to deter unauthorised vehicle access are installed by the end of the financial year. 

2.    That officers bring back worked up proposals, including budget implications for consideration at the October Cabinet meeting.

3.    That a programme of engagement and consultation with residents who live adjacent to the two sites and other impacted organisations commences.

Decision:

RESOLVED

 

1.    That Cabinet approve that officers focus on New Park and East Broyle sites to ensure that appropriate measures to deter unauthorised vehicle access are installed by the end of the financial year. 

2.    That officers bring back worked up proposals, including budget implications for consideration at the October Cabinet meeting.

3.    That a programme of engagement and consultation with residents who live adjacent to the two sites and other impacted organisations commences.

 

Minutes:

Cllr Plant introduced the item.

 

Cllr Lintill invited Cllr Moss to speak. Cllr Moss requested continued engagement with Mr Carter’s team in finding a solution. Mr Carter explained that there is a balance between ideas for solutions and planning considerations. He confirmed that work is underway.

 

Cllr Dignum requested consideration also be given to the Parklands area. Mrs Bushby agreed to engage with the Parklands Residents Association representative.

 

In a vote the following resolutions were agreed:

 

RESOLVED

 

1.            That Cabinet approve that officers focus on New Park and East Broyle sites to ensure that appropriate measures to deter unauthorised vehicle access are installed by the end of the financial year.

2.            That officers bring back worked up proposals, including budget implications for consideration at the October Cabinet meeting.

3.            That a programme of engagement and consultation with residents who live adjacent to the two sites and other impacted organisations commences.

53.

2020-21 Treasury Management outturn report pdf icon PDF 497 KB

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

 

The Cabinet is requested to consider the Treasury activity summarised in this report.

Additional documents:

Decision:

RESOLVED

 

The Cabinet considered the Treasury activity summarised in this report.

 

Minutes:

Cllr Wilding introduced the item.

 

In a vote the following resolutions was agreed:

 

RESOLVED

 

The Cabinet considered the Treasury activity summarised in this report.

54.

Award of Contracts for Insurance Services pdf icon PDF 282 KB

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

 

That the Cabinet:

2.1      Approve the award of the Council’s insurance contract(s) to the bidder(s) with the highest evaluated score as set out in section 5 and exempt appendix 1.

2.2      Delegate authority to the Director of Corporate Services to:

2.2.1         conclude the contractual arrangements and implement the relevant contracts to be effective from 1 November 2021;

2.2.2         approve the extension period beyond the initial contract period where appropriate; and,

2.2.3         arrange for continued marine insurance cover as set out in paragraph 3.6.

2.3      Where the above arrangements are not able to be finalised and successfully implemented before 30 October 2021, delegate authority to the Director of Corporate Services to make alternative insurance arrangements as necessary after consulting with the Cabinet Member for Finance, Corporate Services and Revenues & Benefits.

Additional documents:

Decision:

RESOLVED

 

That the Cabinet:

1.    Approve the award of the Council’s insurance contract(s) to the bidder(s) with the highest evaluated score as set out in section 5 and exempt appendix 1.

2.    Delegate authority to the Director of Corporate Services to:

a.     conclude the contractual arrangements and implement the relevant contracts to be effective from 1 November 2021;

b.    approve the extension period beyond the initial contract period where appropriate; and,

c.    arrange for continued marine insurance cover as set out in paragraph 3.6.

3.    Where the above arrangements are not able to be finalised and successfully implemented before 31 October 2021, delegate authority to the Director of Corporate Services to make alternative insurance arrangements as necessary after consulting with the Cabinet Member for Finance, Corporate Services and Revenues & Benefits.

 

Minutes:

Cllr Wilding introduced the item. He explained that the expiry date in the report should read 31 October 2021.

 

Mr Catlow in response to members comments clarified that at present the council’s insurances are with Zurich only. He explained that in changing insurers a risk management process had been undertaken.

 

In a vote the following resolutions were agreed:

 

RESOLVED

 

That the Cabinet:

 

1.             Approve the award of the Council’s insurance contract(s) to the bidder(s) with the highest evaluated score as set out in section 5 and exempt appendix 1.

2.             Delegate authority to the Director of Corporate Services to:

a.     conclude the contractual arrangements and implement the relevant contracts to be effective from 1 November 2021;

b.    approve the extension period beyond the initial contract period where appropriate; and,

c.    arrange for continued marine insurance cover as set out in paragraph 3.6.

3.             Where the above arrangements are not able to be finalised and successfully implemented before 31 October 2021, delegate authority to the Director of Corporate Services to make alternative insurance arrangements as necessary after consulting with the Cabinet Member for Finance, Corporate Services and Revenues & Benefits.

55.

Late Items

a)    Items added to the agenda papers and made available for public inspection.

b)    Items which the Chair 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.

56.

Exclusion of the Press and Public

The Cabinet is asked to consider in respect of agenda item 18 (and if discussion is required of exempt appendices for item 15)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 item 11. This was seconded by Cllr Taylor. The Cabinet then voted to go into part II.

 

RESOLVED

 

That with regard to agenda item 18 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.

57.

Land at Church Road, Portfield, Chichester

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

 

That Cabinet agrees the recommendations as stated in section 3.1 and 3.2 of the report.

Decision:

RESOLVED

 

That Cabinet agrees the recommendations as stated in section 3.1 and 3.2 of the report.

 

Minutes:

Cllr Dignum introduced the item.

 

Mrs McKay, Mr Gillett and Mr Ward responded to members comments.

 

In a vote the following resolution was agreed.

 

RESOLVED

 

That Cabinet agrees the recommendations as stated in section 3.1 and 3.2 of the report.