Agenda, decisions and draft minutes

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.

Cllr Moss welcomed everyone present to the meeting.

There were no apologies for absence.

The Cabinet is requested to approve as a correct record the minutes of its meeting on Tuesday 5 November 2024.

In a vote the following resolution was agreed:

RESOLVED

That the minutes of the Cabinet meeting held on 5 November 2024 be approved as a correct record.

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.

There were no declarations of interest.

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.

Cllr Moss explained to Mr Oakley that he can also submit questions directly to officers between Cabinet meetings.

The following public questions and answers were heard:

Questions from Simon Oakley:

·       How many dwellings in Chichester District currently benefit from the Council Tax single person occupancy discount;

·       What reduction in FY24/5 Council Tax receipts in Chichester District does this discount amount to in terms of both Taxbase (Band D equivalents and overall %age reduction) and cash;

·       What is the estimated effect of this discount on the FY25/6 Council Taxbase; and 

·       What measures does CDC undertake to minimise abuse of this discount?

Response from Cllr Oona Hickson:

Thank you Simon. What I intend to do is to answer the questions when I present my report at item 6 because they are material to some of the questions that are likely to be answered in relation to that. I have the answers but I think it would be best to wait for that item. The officer will also be present. The item will be heard in about five minutes time.

Cllr Brisbane briefly left the meeting.

Question from Simon Oakley:

At CDC’s 16th April Cabinet meeting I raised questions regarding the damage to the coastal frontage in way of the holiday and caravan parks at Bracklesham and Earnley.

What work has been done to restore this section of coastal defence and ensure its future maintenance?  

Response from Cllr Jonathan Brown:

Thank you Simon. This also relates to another agenda item but that is only an Urgent Decision Notice for noting so I will give the answer now. The Environment Agency monitor and maintain the open coast at Medmerry. In August this year they identified the need to restore the beach levels between Medmerry and Bracklesham to manage flood risk.  The District Council have a beach management contractor for our Selsey & Bracklesham Beach Management Plan (2021-2026) beach works, and they had availability to assist with the Environment Agency's works.

We arranged for our Contractor to provide the imported shingle material to the Environment Agency (EA), under our existing Contract, providing a project efficiency.  Our costs were then reimbursed by the EA.

A joint site visit between the EA, our coastal engineers Coastal Partners and the Contractor enabled the works to be planned and the safe delivery of the shingle by road between 7 -23 November. A total of 3,546 tonnes of shingle material was delivered to the site which was then moved and profiled on site by the Environment Agency to increase the resilience of this frontage.  Coastal Partners Geomatics Team then measured the beach levels using a drone and that information will be analysed to inform future management.

We will continue to work with the EA to understand their future plans for the management of this frontage.

Mr Oakley was permitted a supplementary question. He asked with regard to future maintenance of the beach what work is being done on the future beach replenishment contract. He asked whether the arrangement with  ...  view the full minutes text for item 241.

Members are requested to consider and formally note the update.

*Noted.

Cllr Chilton introduced the update. Mr Cooper was present. He explained that when the resources statement was constructed its presentation method had resulted in £4 million funds being excluded. He added that the statements will fluctuate from time to time. Cllr Chilton clarified that the £4 million figure freed up allocated reserves that were no longer required.

Cllr Brown wished to clarify that the funds are in the council’s account and that the discrepancy was due to how the document was compiled. Cllr Chilton clarified that the figure relates to reserves previously allocated but no longer required. Mr Cooper added that the finance team are currently undertaking a review of the allocated reserves. Mr Cooper would be updating the Cabinet as needed.

Cllr Cross asked whether the discrepancy will have an impact on any decisions made on allocation of resources recently. Cllr Chilton explained that the council has to run a balanced budget and therefore it does not change the decisions that have been made.

On behalf of the Cabinet Cllr Moss formally noted the update. 

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

1.    In order to comply with section 35 of the Local Government Finance Act 1992, that the following resolutions be made.

2.    No item of expenditure shall be treated as ‘special expenses’ for the purposes of section 35 of the Local Government Finance Act 1992.

3.    This resolution in (2.2 of the report) shall remain in force for the 2025-2026 financial year.

4.    The calculation of the Chichester District Council’s taxbase for the year 2025-2026 be approved.

5.    The amounts calculated by Chichester District Council as its council taxbase be those set out in appendices 1 and 2 to this report.

RESOLVED

1.    In order to comply with section 35 of the Local Government Finance Act 1992, that the following resolutions be made.

2.    No item of expenditure shall be treated as ‘special expenses’ for the purposes of section 35 of the Local Government Finance Act 1992.

3.    This resolution in (2.2 of the report) shall remain in force for the 2025-2026 financial year.

4.    The calculation of the Chichester District Council’s taxbase for the year 2025-2026 be approved.

5.    The amounts calculated by Chichester District Council as its council taxbase be those set out in appendices 1 and 2 to this report.

Cllr Hickson introduced the item. Mr Jobson was present.

Cllr Brisbane returned to the meeting.

Cllr Hickson’s introduction included the following information in answer to Mr Oakley’s public questions:

The number of dwellings receiving a single resident discount in the district is 19,634. As a consequence of awarding single resident discounts, the taxbase is reduced by approximately 4,909 Band D equivalents or 7.5%.

Based on an average Band D for Chichester District Council in 2024/2025 of £186.48 in cash terms the Council will see a reduction in income of approximately £915,430. The total loss to the full tax base taking into consideration all precepting authorities is approximately £10,985,000. The estimated effect of this discount on the 2025/26 Council Tax is broadly the same as that for 2024/2025.

The 2025/26 tax base has been calculated to take account of an annual increase in the award of single resident discount, which has increased on average by 2% for each of the last two financial years. This annual increase equates to an additional loss to the taxbase of approximately 102 Band D equivalents.  The loss in cash terms to Chichester District Council equates to approximately £19,000.

Chichester District Council reviews all single resident discounts on a yearly basis. Every two years this review also compares data held by government and credit reference agencies.  All those records found not to match are investigated and the appropriate action is taken either to confirm the discount or to have it removed. All customers who have a discount removed have the right to appeal this decision to the Valuation Tribunal for England.

Cllr Chilton requested further information on the annual review of the single person discount. He asked what percentage of people are claiming incorrectly. Mr Jobson explained that the number is very small. He explained that a review is carried out every year. He clarified that the numbers are not included where someone applies thinking they are entitled and they are not.

Cllr Brown asked with regard to single person discount if the proportion of people claiming the discount in under occupying properties is known. Cllr Hickson explained that the data collected by the council is used to help identify people that may be able to claim pension credit. Mr Jobson confirmed that in collecting the data the council has to know the band of the property it relates to and therefore the band. He added that the majority of single occupancy discounts relate to lower council tax bands.

Cllr Bangert asked if single occupancy is high in Chichester district compared to other areas. Mr Jobson confirmed that it is just under the national average.

Cllr Brown asked how the eligibility for single person discount is decided. He asked at what stage someone loses a single person occupancy status. Mr Jobson explained that legally the status relates to where someone’s main residence is. This can be decided by looking at a range of factors including how often someone resides at a property and for example the  ...  view the full minutes text for item 243.

The Cabinet is requested to appoint Cllr Sarah Sharp in place of Cllr Val Weller on the Housing, Communities, Culture and Sports Panel.

RESOLVED

Cabinet approves Cllr Sarah Sharp to replace Cllr Val Weller on the Housing, Communities, Culture and Sports Panel.

Cllr Moss introduced the item.

Cllr Bangert wished to note Cllr Weller’s contribution to the Panel.

In a vote the following resolution was agreed:

RESOLVED

Cabinet approves Cllr Sarah Sharp to replace Cllr Val Weller on the Housing, Communities, Culture and Sports Panel.

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

That Cabinet approves the Bird Aware Partnership’s revised Bird Aware Strategy for use in the determination of relevant planning applications.

RESOLVED

That Cabinet approves the Bird Aware Partnership’s revised Bird Aware Strategy for use in the determination of relevant planning applications.

Cllr Brisbane introduced the item. Ms Potts and Mr Whitty were present.

Cllr Hickson wished to note that she had an opportunity to talk to representatives of Bird Aware on an ad hoc walk. She noted the importance of awareness of the work taking place.

Cllr Bangert asked how the direct impact of Bird Aware can be measured. Ms Potts explained that the review carried out in 2021 considered housing numbers, growth in visitors and also the impact on the birds including survey data. The outcomes influenced the revised strategy. She confirmed that having the rangers makes a difference. She added that Bird Aware has a wide reach and the profile will grow as publicity increases. She explained that there will be a trial of volunteers which will further aide the project. Mr Whitty wished to note that the Strategy helps mitigate the conflicting uses of the harbour.

Cllr Brisbane explained that East Head is controlled by the National Trust. He outlined how they rope off areas and put up signs to detract visitors from entering areas where birds are nesting. He noted that the approach appeared to be successful. 

Cllr Desai asked what else could be done. With reference to Cllr Brisbane’s comments she suggested roping off significant areas. Ms Potts explained that signage is part of the Strategy.

Cllr Hickson asked for further information about ground based predator management for those birds who nest on the ground. Ms Potts explained that the measures in the Strategy are aimed at people but the mitigations are likely to help both. Mr Whitty added that the Chichester Harbour Conservancy were consulted in the development of the Strategy.

Cllr Brown wished to note that the Chichester Harbour Conservancy were part of the consultation. He added that the Strategy relates to the mitigation of the development rather than focussing on climate change or other factors.

In a vote the following resolution was agreed:

RESOLVED

That Cabinet approves the Bird Aware Partnership’s revised Bird Aware Strategy for use in the determination of relevant planning applications.

The Cabinet is requested to consider the report and its appendices (Appendix 2 to follow) and make the following resolutions:

1.    Cabinet approve the Regeneration and Growth Governance Structure as set out in Appendix One.

2.    Cabinet approve the terms of reference for the Regeneration and Growth Board and the Economic Task and Finish group as set out in Appendix Two. 

RESOLVED

1.    Cabinet approve the Regeneration and Growth Governance Structure as set out in Appendix One.

2.    Cabinet approve the terms of reference for the Regeneration and Growth Board as amended and the Economic Task and Finish group as set out in Appendix Two.

3.    Subject to the terms of reference for the Economic Task and finish group being approved in 2.2 that Cabinet appoint the current members of the Panel to the new Economic Development task and finish group as follows:

·       Cllr Harsha Desai – Chair

·       Cllr Joseph Brookes-Harmer

·       Cllr Brett Burkhart

·       Cllr Hannah Burton

·       Cllr Donna Johnson

·       Cllr Adrian Moss

·       Cllr Tim O’Kelly

·       Cllr Sarah Quail

Cllr Moss introduced the item. Mrs Hotchkiss was present.

Cllr Moss proposed an additional recommendation which was seconded by Cllr Desai:

Subject to the terms of reference for the Economic Task and finish group being approved in 2.2 that Cabinet appoint the current members of the Panel to the new Economic Development task and finish group as follows:

·       Cllr Harsha Desai – Chair

·       Cllr Joseph Brookes-Harmer

·       Cllr Brett Burkhart

·       Cllr Hannah Burton

·       Cllr Donna Johnson

·       Cllr Adrian Moss

·       Cllr Tim O’Kelly

·       Cllr Sarah Quail

Cllr Cross asked with regard to section 3.3 of the report if the Chair (the Leader of the Council) is absent from the meeting would it defer to the Deputy Leader automatically. He asked if the words ‘Deputy Leader’ could be added for clarification. Mrs Shepherd suggested that if members wished to add wording around a deputy Chair they could also consider adding ‘appointing a deputy in their absence’ to provide options for who could Chair in those circumstances.

Cllr Cross proposed an amendment to add the words ‘or Deputy Leader’. Cllr Brown suggested it would make sense for it to be someone else on the Group as he is not a member of the Group and asked it be left flexible.

Cllr Hickson suggested an amendment to add the words ‘and can be substituted by another Cabinet member’.

Cllr Moss outlined a proposal which was seconded by Cllr Cross.

‘In the Appendix 2 Terms of Reference under the membership the Regeneration and Growth Board will be chaired by the Leader of the Council and Cabinet Lead for Regeneration and Property and his/her absence he/her will appoint a substitute member and will have the following members…’

Cllr Brown requested further clarification. Mrs Shepherd confirmed that the Leader in their absence would be asked to appoint a Chair from within the Growth Board Group.

With regard to section 9.1 of the report Cllr Bangert asked if the social benefits could be outlined. Cllr Moss explained that the aim of the Regeneration Strategy is to drive economic growth but also to encourage more people to live and work in the city. The Strategy will support opportunities to set up new facilities for the arts improving social cohesion of the city. Cllr Moss highlighted that there have been a number of new businesses opening up in South Street in Chichester. He explained that the work on the evening and night time economy had also helped.

Cllr Cross asked if 9.1 should have the word ‘cultural benefits’ added. Cllr Moss explained that under the Strategy there have already been a number of activities that focus on cultural activity. Mrs Hotchkiss then outlined the cultural inventions in the Strategy. Cllr Cross noted that the word culture is omitted. Cllr Moss explained that it is in the Strategy and in the work that is being done.

In a vote the following resolutions were agreed:

RESOLVED

1.    Cabinet approve the Regeneration and Growth Governance  ...  view the full minutes text for item 246.

The Cabinet is requested to formally note the Urgent Decision Notice relating to the Extension of Beach Management Plan for Urgent Defence Work.

*Noted.

Cllr Brown outlined the reason for the Urgent Decision. He explained that there was no cost to the council.

Cllr Chilton wished to note that the Environment Agency had funded external shingle following contact from a resident.

On behalf of the Cabinet Cllr Moss formally noted the Urgent Decision Notice relating to the Extension of Beach Management Plan for Urgent Defence Work.

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

There were no late items.

The Cabinet is asked to consider in respect of agenda item 13 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)]

Cllr Moss proposed that the Cabinet went into Part II. This was seconded by Cllr Brown.

In a vote the following resolution was agreed:

RESOLVED

That the Cabinet considers in respect of agenda item 13 that 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.

Cllr Brown requested clarification on the vote to go into Part II.

Members took a short break.

Cllr Moss clarified that members of Cabinet had voted to go into Part II.

The Cabinet is requested to consider the report and make the resolution as set out under the recommendation section of the report.

RESOLVED

That the Cabinet makes the resolution as set out under the recommendation section of the report.

Cllr Bangert introduced the item. Mrs Rudziak was present.

Cllr Cross asked about customer use of the website and visits to East Pallant House.

Cllr Cross requested clarification of the funding for the review.

Mrs Rudziak explained that the response to Cllr Cross’s questions will form part of the review and the funding was from some efficiency funding given to the Council by the Government.

Cllr Hickson asked for further information about feedback. Cllr Bangert responded. Mrs Rudziak outlined the information already available.

Cllr Desai commented on technology. Cllr Bangert responded.

Cllr Cross requested an outline of usage. Mrs Rudziak responded.

Cllr Chilton asked about the website. He also asked about the funding levels remaining. Mrs Rudziak responded and clarified what would be included in the review.

Cllr Brown requested clarification regarding efficiency plans. Mrs Shepherd explained that an additional grant had been provided as part of the 2024/25 financial settlement to pay for efficiency projects.

Cllr Brown asked for further information about website accessibility. Mrs Rudziak suggested capturing the questions in the survey that will be required. Mrs Shepherd confirmed that the website is an accessible framework and the statistics can be requested.

Cllr Cross noted the website timing out on planning applications. Mrs Shepherd explained that it may not be the website it could be the software that sits behind the website. She asked members to report problems of this nature so they can be investigated.

Cllr Bangert also noted difficulties in searching the website. 

Cllr Moss suggested that any concerns about the website should be addressed to the Cllr Desai as the Cabinet Member.

Cllr Hickson asked where the volume, types of query and transactional data is reported. Mrs Rudziak explained that the system has a reporting mechanism. Mrs Shepherd explained that the data goes through the Business Improvement Board which Cllr Chilton sits on. Mrs Shepherd explained that the data can be sent round to members at informal Cabinet.

In a vote the following resolution was agreed:

RESOLVED

That the Cabinet makes the resolution as set out under the recommendation section of the report.