Agenda, decisions and draft minutes

Cabinet - Tuesday 2 November 2021 9.30 am

Venue: Committee Rooms, East Pallant House. View directions

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

Note: Please note item 12 has been deferred until January to allow more information to come forward 

Items
No. Item

71.

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 and read the fire evacuation procedure. She explained that item 12 had been deferred to the December Cabinet meeting in order to allow more information to come forward. One late item had been accepted regarding the treatment of War Pensions in the calculation of Housing Benefit. The item would be taken later in the agenda under ‘late items’.

 

There were no apologies for absence.

72.

Approval of Minutes pdf icon PDF 224 KB

The Cabinet is requested to approve as a correct record the minutes of its meeting on Tuesday 5 October 2021.

Minutes:

RESOLVED

 

That the minutes of the Cabinet meeting held on 5 October 2021 be approved as a correct record.

73.

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:

The following declarations of interest were made:

 

·         Cllr Dignum declared a prejudicial interest in relation to agenda item 8 as a member of the Chichester City Council. He did not speak or vote on the item.

·         Cllr Dignum also declared a personal interest in relation to agenda item 13 as a member of Chichester City Council. He did not speak on this item either.

74.

Public Question Time pdf icon PDF 299 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 questions were received (responses are indicated in italics):

 

Question from Ann Stewart (read by Democratic Services):

 

The Tyndall Centre is a world renown organisation of British Universities where climate scientists of relevant disciplines work with policy makers. One of their resources is a database of the carbon budgets of UK cities. Their conclusions for Chichester are that to stay within the 1.50C of the Paris climate agreement Chichester has a  maximum cumulative carbon dioxide emissions budget of 4.7 million tonnes (MtCO2) for the period of 2020 to 2100.”  

 

https://carbonbudget.manchester.ac.uk/reports/E07000225/ 

 

If we continue to emit carbon dioxide at the 2017 rate, we will have used up our entire budget for the century by 2027/2028.  

  

This council report states that by 2023 the additional flights proposed at Gatwick will result in an additional 1.51 million tonnes of CO2 . This is over a quarter of our carbon budget for this century. Will the council take this into consideration when discussing this report. 

 

Answer from Cllr Taylor:

 

In 2019 the requirement for the UK to achieve net zero emissions by 2050 (with all emissions by that date needing to be balanced by greenhouse gas removals) became law. In April 2021, the Government announced it would accept the advice of its expert climate advisory body, the CCC, that the sixth carbon budget (covering years 2033-37) should deliver a 78% reduction in emissions below 1990 levels and, for the first time, should include international aviation and shipping emissions. In July 21, the Government published a draft plan to put aviation on a pathway to net zero by 2050 in its consultation document Jet zero: Our strategy for net zero aviation. Whilst the proposals do not explicitly express support for airport expansion, they focus on technology measures to achieve emissions reductions.

 

The decisions around regional airport expansion is a central government issue due to the legally binding climate targets.  In addition major infrastructure projects such as Gatwick or Heathrow expansion will go through public consultation and/or public inquiry as part of the nationally prescribed development consent order process.

 

Currently, there is no UK-wide policy for reducing aviation emissions overall, although ministers are due to announce a strategy for cutting transport emissions.  The levers for disincentivising air travel lie with central government. This is illustrated by the latest Budget. The Chancellor said that most emissions come from international rather than domestic aviation, so the Government was introducing a new band of Air Passenger Duty covering flights of over 5,500 miles so that those who fly furthest will pay the most. However, flights between airports in England, Scotland, Wales and Northern Ireland will be subject to a new lower rate of Air Passenger Duty from 2023.

 

I can confirm that the Council will take carbon reduction targets into account in considering its response to this consultation and would add that CDC is playing a role through its on-going behaviour change campaign which encourages the use of personal  ...  view the full minutes text for item 74.

75.

Adoption of Gambling Act 2005 Statement of Policy review and Adoption of Licensing Act 2003 Statement of Licensing Policy pdf icon PDF 253 KB

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

 

That the Statement of Licensing Policy 2022-2027 (Licensing Act 2003) at Appendix 1, and the Statement of Policy 2022-2025 (Gambling Act 2005) at Appendix 2, be approved and referred to Council for adoption and publication.

Additional documents:

Decision:

*RECOMMENDATION TO COUNCIL

 

That the Statement of Licensing Policy 2022-2027 (Licensing Act 2003) at Appendix 1, and the Statement of Policy 2022-2025 (Gambling Act 2005) at Appendix 2, be approved and referred to Council for adoption and publication.

 

Minutes:

Cllr Sutton introduced the item.

 

Cllr Taylor asked how many applications had been received for outside hospitality seating. Mr Foord estimated that there were between 30 and 40 active applications. He explained that the council is currently not charging for the service in order to support the local businesses.

 

Post Meeting Note: 61 cases have been handled resulting in 48 applications of which 29 are issued, a further 13 to be issued and the remainder awaiting information/detail from potential applicants

 

In a vote the following recommendation to Council was agreed:

 

RECOMMENDATION TO COUNCIL

 

That the Statement of Licensing Policy 2022-2027 (Licensing Act 2003) at Appendix 1, and the Statement of Policy 2022-2025 (Gambling Act 2005) at Appendix 2, be approved and referred to Council for adoption and publication.

76.

Financial Strategy and Plan 2022-23 to 2026-27 pdf icon PDF 189 KB

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

 

a)    The key financial principles and actions set out in appendix 1 of the 5 year Financial Strategy report are approved.

b)    That having considered the recommendations of the Corporate Governance and Audit Committee, the Minimum Level of Reserves remains set at £4m.

c)    That the current 5 year Financial Model detailed in appendix 2 (Part 2) and the Resources Statement in appendix 3 to the Financial Strategy report be noted.

Additional documents:

Decision:

*RECOMMENDATIONS TO COUNCIL

 

a)    The key financial principles and actions set out in appendix 1 of the 5 year Financial Strategy report be approved.

b)    That having considered the recommendations of the Corporate Governance and Audit Committee, the Minimum Level of Reserves remains set at £4m.

c)    That the current 5 year Financial Model detailed in appendix 2 (Part 2) and the Resources Statement in appendix 3 to the Financial Strategy report be noted.

 

Minutes:

Cllr Wilding introduced the item.

 

Mr Ward was then invited to provide an update following the Governments Spending Review announcement for 2021 which covers a three year period. He explained that the announcement included a £4.8 billion increase in grant funding over the three years although the distribution is yet to be announced. It also remains unclear whether the council will be permitted to go beyond a 2% increase in Council Tax. He outlined the freeze to the business rates multiplier for small businesses for next year. There will also be a 50% discount for hospitality and leisure activities which the council will be recompensed for. Mr Ward wished to draw attention to the anticipated inflation rate for next year of 4%. He explained that the council’s Fees and Charges Policy uses the inflation rates set out in the report and therefore the possibility of a 1% variation should be noted. Cllr Lintill requested the revisions be included in the papers for November Full Council.

 

Cllr Dignum  wished to draw attention to the increasing pressure for higher pay, the increase in fuel costs and the parking income which although it had increased did not match like for like with pre-pandemic years.

 

Cllr Plant asked that members give consideration to the funding arrangements for the food collection service. She also wished to draw attention to section d on page 99 of the agenda pack regarding the pension lock.

 

In a vote the following recommendations to Council were agreed:

 

RECOMMENDATIONS TO COUNCIL

 

a)    The key financial principles and actions set out in appendix 1 of the 5 year Financial Strategy report be approved.

b)    That having considered the recommendations of the Corporate Governance and Audit Committee, the Minimum Level of Reserves remains set at £4m.

c)    That the current 5 year Financial Model detailed in appendix 2 (Part 2) and the Resources Statement in appendix 3 to the Financial Strategy report be noted.

77.

Funding for Voluntary Action Arun and Chichester pdf icon PDF 147 KB

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

 

1.    That the Cabinet recommends to Council the continuation of funding to Voluntary Action Arun and Chichester for the provision of infrastructure support to the voluntary and community  groups and charities in Chichester District as set out in para 5.2 below. 

2.    That the Cabinet delegates authority to the Director of Housing and Communities, following consultation with the Cabinet Member for Community Services, to agree a service specification and signing of a three-year funding agreement and delegates to the Grants and Concessions Panel the annual monitoring of performance.

Decision:

*RECOMMENDATIONS TO COUNCIL:

 

1.    That the Cabinet recommends to Council the continuation of funding to Voluntary Action Arun and Chichester for the provision of infrastructure support to the voluntary and community groups and charities in Chichester District as set out in para 5.2 of the report.

2.    That the Cabinet delegates authority to the Director of Housing and Communities, following consultation with the Cabinet Member for Community Services, to agree a service specification and signing of a three-year funding agreement and delegates to the Grants and Concessions Panel the annual monitoring of performance.

 

Minutes:

Cllr Briscoe introduced the item.

 

Cllr Lintill asked which other organisations provide funding support. Mr Hyland explained that Arun District Council, West Sussex County Council, Littlehampton Town Council and a number of parish councils all provide varying levels of funding support.

 

In a vote the following recommendations to Council were agreed:

 

RECOMMENDATIONS TO COUNCIL:

 

1.    That the Cabinet recommends to Council the continuation of funding to Voluntary Action Arun and Chichester for the provision of infrastructure support to the voluntary and community groups and charities in Chichester District as set out in para 5.2 of the report.

2.    That the Cabinet delegates authority to the Director of Housing and Communities, following consultation with the Cabinet Member for Community Services, to agree a service specification and signing of a three-year funding agreement and delegates to the Grants and Concessions Panel the annual monitoring of performance.

78.

New Homes Bonus (Parish Allocations) Scheme application from Chichester City Council

The Grants and Concessions Panel recommend to Cabinet the allocation of £43,000 to Chichester City Council in favour of Chichester Runners and Athletics Club and their proposal for a permanent running track at Chichester College.

The recommendation exceeds the delegation to the Panel, but is within the indicative allocation for Chichester City Council for this scheme.

Decision:

RESOLVED

 

The Grants and Concessions Panel recommendation of the allocation of £43,000 to Chichester City Council in favour of Chichester Runners and Athletics Club and their proposal for a permanent running track at Chichester College be approved.

 

Minutes:

Further to his declaration Cllr Dignum did not participate in the item.

 

Cllr Briscoe introduced the item.

 

Cllr Lintill requested clarification on the upper limit of New Homes Bonus applications following comment from the Chichester City Council Finance Committee who had been in touch to query grants given over £25,000. Mr Hyland confirmed that bids to the scheme are not limited to that figure; the Cabinet Member for Community Services and Culture in consultation with the Grants and Concessions Panel can approve up to £25,000, any applications over that level are recommended to Cabinet for determination. Cllr Lintill added that the request had also asked that the Overview and Scrutiny Committee consider the New Homes Bonus grants process. She explained that she would ensure the Chair of Overview and Scrutiny Committee Cllr Apel was made aware.

 

In a vote the following resolution was agreed:

 

RESOLVED

 

The Grants and Concessions Panel recommendation of the allocation of £43,000 to Chichester City Council in favour of Chichester Runners and Athletics Club and their proposal for a permanent running track at Chichester College be approved.

79.

2021-22 Treasury Management Half-Yearly Update Report pdf icon PDF 511 KB

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

 

The Cabinet has duly considered consider the Treasury activity summarised in this report.

Decision:

RESOLVED

 

That the Cabinet has duly considered the Treasury activity summarised in the report.

 

Minutes:

Cllr Wilding introduced the item.

 

Cllr Dignum commented on the investments made in property which had remained good investments.

 

Cllr Briscoe asked for further information on ethical investments. Cllr Wilding explained that £3 million investments were being made to ethical funds which provide approximately 3% return.

 

Mr Catlow added that any investments the council wishes to make that are non-compliant have to be justified and then agreed by the S151 Officer. He confirmed that no current investments had been made this way.

 

Cllr Briscoe wished to thank Mr Catlow and his team for their good work.

 

RESOLVED

 

That the Cabinet has duly considered the Treasury activity summarised in the report.

80.

Business Rates Pool High Street Project pdf icon PDF 226 KB

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

 

1.    That Cabinet agrees the release of the Business Rates Pool monies totalling £70,000 for spend on a ‘high street project’.

2.    That Cabinet agrees to work commencing on the feasibility study for the project as set out in section 4 of the report, using the total fund allocated to this Council.

Additional documents:

Decision:

RESOLVED

 

1.    That Cabinet agrees the release of the Business Rates Pool monies totalling £70,000 for spend on a ‘high street feasibility project’.

2.    That Cabinet agrees to work commencing on the feasibility study for the project as set out in section 4 of the report, using the total fund allocated to this Council.

 

Minutes:

Cllr Dignum introduced the item.

 

Cllr Sutton wished to encourage the other members of the Cabinet to attend the market on Sunday. He explained that the difference in the market was its link with the college and the new businesses it showcases.

 

In a vote the following resolutions were agreed:

 

RESOLVED

 

1.    That Cabinet agrees the release of the Business Rates Pool monies totalling £70,000 for spend on a ‘high street feasibility project’.

2.    That Cabinet agrees to work commencing on the feasibility study for the project as set out in section 4 of the report, using the total fund allocated to this Council.

81.

Consultation on bringing Gatwick Airport Northern Runway into use alongside the main runway pdf icon PDF 323 KB

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

 

That Cabinet endorse the recommended responses to the consultation questions as set out in Appendix 2 to this report regarding bringing Gatwick Airport northern runway into use alongside the main runway.

Additional documents:

Decision:

RESOLVED

 

That Cabinet delegates authority to the Cabinet Member for Planning Services to finalise the Council’s response to the consultation questions as set out in Appendix 2 to this report regarding bringing the Gatwick Airport northern runway into use alongside the main runway, having taken into account the comments of the Development Plan and Infrastructure Panel.

 

Minutes:

Cllr Lintill explained that she did not intend to the debate the item but as she had referred to during Public Question Time she wished to propose a revised recommendation.

 

The following recommendation was seconded by Cllr Taylor and agreed by vote:

 

RESOLVED

 

That Cabinet delegates authority to the Cabinet Member for Planning Services to finalise the Council’s response to the consultation questions as set out in Appendix 2 to this report regarding bringing the Gatwick Airport northern runway into use alongside the main runway, having taken into account the comments of the Development Plan and Infrastructure Panel.

82.

Engagement Response to National Highways A259 Chichester to Emsworth Cycling and Walking Route pdf icon PDF 257 KB

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

 

That having considered the recommendation from Environment Panel (para 8.4), Cabinet is recommended to indicate the Council’s support for National Highways’ proposed walking and cycling improvements to the A259 Chichester to Emsworth.

Additional documents:

Decision:

This item was deferred to the December meeting.

 

Minutes:

This item was deferred to the December meeting.

83.

Future Funding for Community Wardens pdf icon PDF 205 KB

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

 

1.    That Cabinet agrees to continue to fund 50% of the Community Warden Service  and 100% of the Senior Community Warden post for 1 year (as set out in section 7 below), subject to match funding being secured from partners.

2.    That a review of the service and funding is undertaken during 2022 as set out in para 4.2 below.

Additional documents:

Decision:

RESOLVED

 

That Cabinet agrees to continue to fund 50% of the Community Warden Service and 100% of the Senior Community Warden post for 1 year (as set out in section 7 below), subject to match funding being secured from partners.

2. That a review of the service and funding is undertaken during 2022 as set out in para 4.2 below.

 

Minutes:

Cllr Briscoe introduced the item. Mrs Bushby added that the service is well respected within the community.

 

Cllr Taylor requested clarification of whether the consultation would include the whole district or those areas where the service is currently provided. Mrs Bushby explained that it is currently for those who have a Community Warden. She confirmed that there has to be a need rather than a want for a Community Warden.

 

Cllr Lintill asked the following questions on behalf of Cllr Apel:

 

1.    Whether the current year’s service would remain as it is?

2.    Whether the review in 2022/23 would mean any changes be implemented in 2023/24?

3.    If any parish does not pay for their proportion would it affect the service as a whole?

 

Mrs Bushby in answering question one explained that subject to the Cabinet’s decision to support the recommendation on the report the current year’s service would remain as it is. With regard to question two the timeline indicated is correct. With regard to question three the results of the review as a whole are required before a funding model can be agreed.

 

In a vote the following resolution was agreed:

 

RESOLVED

 

That Cabinet agrees to continue to fund 50% of the Community Warden Service and 100% of the Senior Community Warden post for 1 year (as set out in section 7 below), subject to match funding being secured from partners.

2. That a review of the service and funding is undertaken during 2022 as set out in para 4.2 below.

84.

Priory Park Task and Finish Group pdf icon PDF 145 KB

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

 

1.    That Cabinet agree to the setting up of a Priory Park Task and Finish Group to address the motion passed by the September Council.

2.    That Cabinet agree the Terms of Reference of the Task and Finish Group as set out at Appendix B.

Additional documents:

Decision:

RESOLVED

 

1.    That Cabinet agree to the setting up of a Priory Park Task and Finish Group to address the motion passed by the September Council and to delegate the appointments to that Task and Finish group to Cllr Sutton.

2.    That Cabinet agree the Terms of Reference of the Task and Finish Group as set out at Appendix B, with the deletion of the words [including the request for information received from the City Council.] from the scope.

 

Minutes:

Cllr Sutton introduced the item including an amendment to the recommendations which was agreed below.

 

In a vote the following resolutions were agreed:

 

RESOLVED

 

1.    That Cabinet agree to the setting up of a Priory Park Task and Finish Group to address the motion passed by the September Council and to delegate the appointments to that Task and Finish group to Cllr Sutton.

2.    That Cabinet agree the Terms of Reference of the Task and Finish Group as set out at Appendix B, with the deletion of the words [including the request for information received from the City Council.] from the scope.

85.

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:

One late item had been accepted regarding the treatment of War Pensions in the calculation of Housing Benefit.

86.

Treatment of War Pensions in the calculation of Housing Benefit pdf icon PDF 19 KB

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

 

That the content of the report be noted and that it be determined that war pensions continue to be fully disregarded as a source of income by the Council when assessing claims for Housing Benefit.

Decision:

RESOLVED

 

That the content of the report be noted and that it be determined that war pensions continue to be fully disregarded as a source of income by the Council when assessing claims for Housing Benefit.

 

Minutes:

Cllr Wilding introduced the item. Mrs Rodgers added that in 2014 the Council had signed up to the Armed Forces Covenant which the resolution would support.

 

In a vote the following resolution was agreed

 

RESOLVED

 

That the content of the report be noted and that it be determined that war pensions continue to be fully disregarded as a source of income by the Council when assessing claims for Housing Benefit.

87.

Exclusion of the Press and Public

The Cabinet is asked to consider in respect of agenda item 17 (and if required Appendix 2 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 item 17. This was seconded by Cllr Taylor. The Cabinet then voted to go into part II.

 

RESOLVED

 

That with regard to agenda item 17 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.

88.

Funding for a staff pool car pilot

The Cabinet is requested to consider the report and make the resolutions as set out in sections 2.1 and 2.2 of the report.

Decision:

RESOLVED

 

That Cabinet agrees the resolutions as set out in sections 2.1 and 2.2 of the report.

 

Minutes:

Cllr Wilding introduced the item. He then invited Mr Mildred to explain how the location of the pilot would work.

 

Mr Mildred then responded to questions and comments from Cllr Lintill, Cllr Sutton and Cllr Plant.

 

In a vote the following resolution was agreed:

 

RESOLVED

 

That Cabinet agrees the resolutions as set out in sections 2.1 and 2.2 of the report.