The Council is requested to consider the report as set out in supplement to the agenda pack of the Cabinet agenda for 1 February 2022.
Cabinet made the following recommendations to Council:
1. That Council approves the proposed responses to the representations received and subsequent modifications to the Draft Infrastructure Business Plan 2022- 2027 as set out in Appendix 1.
2. That Council approves the amended IBP including the CIL Spending Plan attached as Appendix 2.
Minutes:
Cllr Taylor proposed the recommendations which were seconded by Cllr Lintill.
Cllr Taylor then introduced the report.
Cllr O’Kelly spoke against the Langley House Surgery expansion spend favouring spend on newer purpose-built facilities.
Cllr Bell spoke in favour of a new medical facility at White House Farm instead of the Langley House Surgery expansion. He explained that he had wanted to amend the recommendation but had been advised that his amendment would be a major amendment and had missed the amendment deadline and so was therefore declined. Cllr Page and Cllr Bowden agreed with Cllr Bell’s comments. Cllr Bowden explained that Cllr Apel wished to note that although she could not be at the meeting she wished members to know that she does not support the project either. Cllr Moss also gave his support to the comments.
Cllr Oakley asked if it is possible to have a condition that if the building were sold the CIL funding could be recovered. He asked the council to monitor the spend of CIL funds allocated to the parishes. Mr Frost explained that once the CIL funds are used for a project the council would not be able to claim that funding back if the building were to be sold.
Cllr Purnell asked if the CIL regulations give an option. Mrs Shepherd explained that members should only take into account three things when making a decision on CIL allocation: was the request for infrastructure; was it related to development growth in the area; and was the infrastructure a priority, as set out in the CIL Policy. The request for CIL funding to expand Langley House Surgery clearly accorded with the CIL Regulations and Council policy. Taken into account other factors were likely to be considered unreasonable. She quoted the Wednesbury Principle. Mrs Shepherd asked members to set out their justifiable reasons if they wished to object in line with the CIL regulations. Mr Bennett explained that is Wednesbury Principles are breached it is maladministration and would be subject to challenge.
Cllr Briscoe asked members to submit the arguments to the CCG who spend the funding. Cllr Plowman explained that he would be taking the matter up with the CCG.
Cllr Hobbs asked for clarification of whether the funding is committed to the building extension of Langley House Surgery. Mr Frost confirmed that is the case. A full business case would be submitted to Mrs Dower.
Mrs Shepherd clarified that members could choose to vote against but needed to consider reasons for objections as the current reasons expressed by some members could be subject to legal challenge.
Cllr Sharp asked whether it is possible for projects to move in and out of the IBP. Cllr Taylor explained that projects that are changed are at the request of the organisations providing the projects.
Cllr Brown explained that he would make his vote based on the Southbourne project.
A recorded vote was held:
Cllr Apel – Absent
Cllr Bangert – Absent
Cllr Barrett – For
Cllr Barrie – Absent
Cllr Bell – Abstain
Cllr Bowden – Against
Cllr Brisbane – Abstain
Cllr Briscoe – For
Cllr Brown – For
Cllr Dignum – For
Cllr Duncton - For
Cllr Elliott – Absent
Cllr Evans - Absent
Cllr Fowler – For
Cllr Graves – For
Cllr Hamilton – For
Cllr Hobbs - For
Cllr Donna Johnson – For
Cllr Tim Johnson – For
Cllr Lintill – For
Cllr Lishman – Absent
Cllr McAra – For
Cllr Moss – Abstain
Cllr Oakley – For
Cllr O’Kelly – Abstain
Cllr Page – For
Cllr Palmer – For
Cllr Plant – For
Cllr Plowman - Abstain
Cllr Potter – For
Cllr Purnell – For
Cllr Rodgers – Abstain
Cllr Sharp – Abstain
Cllr Sutton – For
Cllr Taylor – For
Cllr Wilding – For
For = 22
Against = 1
Abstain = 7
Absent = 6
The following resolutions were carried:
1. That Council approves the proposed responses to the representations received and subsequent modifications to the Draft Infrastructure Business Plan 2022- 2027 as set out in Appendix 1.
2. That Council approves the amended IBP including the CIL Spending Plan attached as Appendix 2.
Members took a 10 minute break.