Agenda, decisions and minutes

Venue: The Pink Room, The Arun Civic Centre,Maltravers Road, Littlehampton, West Sussex BN17 5LF

Contact: Email: committees@arun.gov.uk 

Items
No. Item

14.

Welcome

Minutes:

The Chairman welcomed Councillors, Officers and members of the press and public to the meeting. 

 

15.

Declarations of Interest

Members and officers are invited to make any declarations of pecuniary, personal and/or prejudicial interests that they may have in relation to items on the agenda, and are reminded that they should re-declare their interest before consideration of the item or as soon as the interest becomes apparent.

 

Members and officers should make their declaration by stating:

a) the item they have the interest in

b) whether it is a pecuniary, personal and/or prejudicial interest

c) the nature of the interest

d) if it is a pecuniary or prejudicial interest, whether they will be exercising their right to speak under Question Time

Minutes:

Councillor Dr Walsh declared a Personal Interest in Item 10 [Tivoli Group Ltd – Admissions Agreement to Local Government Pension Scheme] as a West Sussex County Councillor and in his position as a Trustee of the West Sussex County Council Local Pensions Scheme.

 

16.

Question Time

a) Questions from the public (for a period of up to 15 minutes).

b) Questions from Members with prejudicial interests (for a period of up to 15

minutes).

Minutes:

The Chairman confirmed that no public questions had been received.

17.

Start Times

Minutes:

The Cabinet

 

                        RESOLVED

 

                        That its start times for meetings for 2019/20 be 5.00 pm.

 

18.

Minutes pdf icon PDF 27 KB

To approve as a correct record the Minutes of the Special Cabinet meeting held on 11 April 2019 (as attached).

Minutes:

The Minutes of the Special Cabinet meeting held on 11 April 2019 were approved by the Cabinet as a correct record and signed by the Chairman. 

 

19.

Budget variation reports

To consider any reports from the Head of Corporate Support.

Minutes:

There was no item for this meeting.

 

20.

Assets of Community Value - Policy and Procedures pdf icon PDF 323 KB

Cabinet is asked to recommend to Full Council that the Assets of Community Value Policy and Guidance Notes for Nominating Bodies and Owners be adopted, and to make associated changes to the Constitution. The Policy provides a framework for the Council to consider and determine Assets of Community Value nominations and any subsequent requests for review, compensation claims and any subsequent requests for review of compensation decisions.

Additional documents:

Decision:

Cabinet is asked to recommend to Full Council that the Assets of Community Value Policy and Guidance Notes for Nominating Bodies & Owners be adopted, and to make associated changes to the constitution. The policy provides a framework for the Council to consider and determine Asset of Community Value nominations and any subsequent requests for review, compensation claims and any subsequent requests for review of compensation decisions.

 

Cabinet although happy with the Assets of Community Value Policy and Guidance Notes was not content to recommend to Full Council to approve the recommendations set out In Recommendation (3) of the report as it held concerns over the extent of delegated powers given to Officers.  The point was made that Members should retain as much authority as possible.

 

The Cabinet therefore

 

            RECOMMEND TO FULL COUNCIL – That

 

(1)  The Assets of Community Value Policy and Guidance Notes for Nominating Bodies and Owners be adopted;

(2)  The Group Head of Technical Services be delegate authority to make any future necessary changes to the Policy as a consequence of new legislation or alternative practices;

(3)  The following addition be made to the Council’s Constitution at Part 4 (Officer Scheme of Delegation):

 

(a)  Authority be delegated to the Director of Place and the Group Head of Technical Services, or their nominated representative, in consultation with the Cabinet Member for Technical Services, to validate, consider and determine nominations for property/land to be listed as an asset of community value under the Assets of Community Value Policy; and

(4)  The Group Head of Council Advice & Monitoring Officer be authorised to make any further consequential changes required to the Constitution.

 

 

 

Minutes:

The Cabinet Member for Technical Services, Councillor Stanley, presented this report confirming that the intention of the Assets of Community Value Policy and Guidance Notes was to make it easier and clearer for Parish Councils and community groups to understand how they could nominate an asset(s), whether this be a building or a piece of land, that they believed to be important to their community’s social wellbeing to be listed by the Council as an Asset of Community Value.

 

The Group Head for Technical Services was then invited to introduce his report.  He explained that the Council’s existing procedure had been in operation now for over six years providing community groups with the opportunity to nominate assets that were either of interest to them or were deemed to be a value to the community to be listed.  It was explained that this afforded a degree of protection in situations where that asset or land was sold or proposed to be sold. These assets were protected by a prescribed process that had to be followed if a relevant disposal was proposed.  The purpose of the Assets of Community Value Policy was to clarify the various processes so that Officers and Members would be able to effectively support the management of the process and provide transparency for community nominators and asset owners so that they would easily be able to navigate themselves around this complicated process.

 

In discussing the report, it was clear from the comments made that although most Cabinet Members were happy to accept the majority of the recommendations, they had concern over extending delegated powers to Officers.  It was outlined that many Members of the Council held this view and that Councillors needed to retain as much authority as possible.  It was accepted that there were changes in legislation that would result in the Constitution needing to be amended, however, there was a general reluctance expressed over delegating more authority  through to Officers. 

 

Looking at the recommendations listed in the report, the Cabinet confirmed that Recommendations (1) and (2) could be accepted.  It was Recommendations (3) and 4) delegating Authority to the Director of Place and the Group Head of Technical Services, or their nominated representative which could not be accepted to the level proposed.  It was explained that Members needed to have more input and involvement in decision making. 

 

            The Director of Place offered some advice.  He explained why the various Recommendations in (4) were required.  There had to be a decision making route in place so that any applications received could be reviewed within the stipulated times from receipt of a nomination. At all times Ward Members were notified and consulted.  

 

In response, it was suggested that the proposed delegations to Officers be taken back and reviewed further so that a clear route on the decision making process and appropriate Member involvement could be highlighted.  In view of the response received from Officers as to how this could jeopardise the stipulated review timelines in the Policy, it  ...  view the full minutes text for item 20.

21.

Managing the Coast in a Changing Climate pdf icon PDF 376 KB

This report will present the content, conclusions and  recommendations of the recently published report by the Committee on Climate Change. It is put forward for consideration in respect of its implications for the Arun District. It is anticipated that separate further reports will be necessary in respect of individual Council Services.

 

Decision:

To note the report – especially the content and spirit of Paragraph 1.6

Minutes:

The Cabinet Member for Technical Services briefly introduced this report stating that as a result of the Climate Change Act 2008, a Government Body had set targets to significantly reduce this country’s greenhouse gas emissions and by a set date of 2050.  To reach this target the Government had created the Committee on Climate Change who had published three reports for Councils to focus on.  These covered the issue of:

 

·         Managing the coast in a changing climate

·         Land  use – reducing emissions and preparing for climate change; and

·         UK housing – Fit for the future?

 

Councillor Stanley stated that it was important for the Council to focus on these areas and their potential implications for this Council.

 

The Engineering Services Manager then worked through the report and he outlined that, as a nation, we were not prepared for the risks ahead. The report clearly spelt out key messages for the Council to focus on with these mainly being rising sea levels; costal erosion; and what the deterioration of land would mean as a consequence.

 

The report set out at Paragraph 1.5 the key messages and it listed five recommendations for the Government and Local Government to focus on. Although it appeared that the report from the Committee was aimed at Government in the first instance, it was emphasised that understanding of the seriousness of the situation and its implications should start now.  As a Council, Arun needed to think about coastal issues through its shoreline management plans and housing and land use.  .

 

            In response, the Chairman stated that this report contained very worrying statistics and it was clear that the appropriate resources would be needed to move this vital work forward.  He stated that it was very important for the Council to start lobbying Members of Parliament and the Local Government Association to ensure such issues would be addressed. It was agreed that action needed to be taken now in order to manage the coast in the future.

 

            The Cabinet Member for Neighbourhood Services, Councillor Purchese, stated that some authorities had already declared a Climate Change Emergency so that  a Policy on how to tackle it could be agreed.  He asked if this Council could consider making such a declaration.  The Director of Services responded stating that she supported this view and would ensure that a report would be submitted to a future meeting of the Council’s Environment & Leisure Working Group so that Members could be fully updated on the situation and so that an action plan could be agreed. 

             

Following some further discussion, 

           

            The Cabinet

 

                        RESOLVED

 

                        That the report be noted

 

            The Cabinet then confirmed its decision as per Decision Notice C/002/030619, a copy of which is attached to the signed copy of the Minutes.

 

 

22.

Tivoli Group Ltd - Admissions Agreement to Local Government Pension Scheme pdf icon PDF 227 KB

The novation of the Council’s Greenspace Management Contract from ISS Facility Services Landscaping (FSL) to Tivoli Group Ltd was approved by Cabinet on 14 January 2019.

Because of the change in service provider, Cabinet approval is sought once more to authorise entering into the required Guarantee in respect of pension liabilities in the event that these are not met by Tivoli Group Ltd as the admitted body, and to approve entering into the Admissions Agreement itself.

Decision:

That Cabinet recommends to Full Council;

a)    That the Council acts as a guarantor in respect of any and all pension liabilities which may arise throughout the term of the contract and gives delegated authority to Legal Services to enter into the Admissions Agreement and Guarantee

 

Minutes:

(At the commencement of this item, Councillor Dr Walsh re-declared his Personal Interest made at the start of the meeting).

 

The Cabinet Member for Neighbourhood Services introduced this report reminding Members that the novation of the Council’s Greenspace Management Contract from ISS Facility Services Landscaping (FSl) to Tivoli Group Ltd had been approved by Cabinet on 14 January 2019.  Due to this change in service provider, Cabinet was now being asked to approve that the Council inter into the required Guarantee in respect of pension liabilities in the event that these were not met by Tivoli Group Ltd as the admitted body and to approve entering in the Admissions Agreement itself.

 

            The Group Head of Neighbourhood Services reassured Members that it was standard practice for the Council to seek such authority following the change in service provider. 

 

The Cabinet

 

RECOMMEND TO FULL COUNCIL

 

That the Council acts as a guarantor in respect of any and all pension liabilities which may arise throughout the term of the contract and gives delegated authority to Legal Services to enter into the Admissions Agreement and Guarantee.

 

The Cabinet then confirmed its decision as per Decision Notice C/003/030619, a copy of which is attached to the signed copy of the Minutes.

 

23.

Clinical Waste Collection Contract pdf icon PDF 142 KB

The Council’s clinical waste collection service has been delivered under a county-wide framework agreement since 2016. Cabinet authority is sought to enable the Council to continue this method of service delivery by entering into the clinical waste collection call-off contract under the recently re-procured WSCC framework agreement.

Decision:

Cabinet

            RESOLVED - That

a)    Provide authority for the Council to enter into the call-off contract under the recently procured WSCC framework agreement for clinical waste collections for an initial three year term; and

b)    To authorise the Group Head for Neighbourhood Services to extend this call off contract, following the initial 3 year term for up to an additional three years, as allowed for under the framework.   

Minutes:

The Cabinet Member for Neighbourhood Services, Councillor Purchese, explained that the Council’s clinical waste collection service had been delivered under a county-wide framework agreement since 2016 with the services being provided by Medisort, a specialist clinical waste company based in Littlehampton.  The report proposed that authority be provided to allow the Council to enter into the call-off contract under the recently procured WSCC framework agreement for clinical waster for an initial three year term and to allow the Group Head for Neighbourhood Services to extend this call-off Contract, following the initial 3 year terms for up to an additional three years due to the high performance and compliancy targets achieved by this company.

 

            The Cabinet

 

                                    RESOLVED – That

 

(1)          Authority be provided for the Council to enter into the call-off contract under the recently procured WSCC framework agreement for clinical waste collections for an initial three year term; and

 

(2)          Authority be given to the Group Head of Neighbourhood Services to extend this call-off contract, following the initial 3 year term for up to an additional three years, as allowed for under the framework.

 

The Cabinet then confirmed its decision as per Decision Notice C/004/030619, a copy of which is attached to the signed copy of the Minutes.

 

24.

Planning Appeal at Land North of Hook Lane, Pagham pdf icon PDF 218 KB

An appeal has been submitted against the decision of the Council to refuse planning permission for 300 dwellings, care home of up to 80 beds, D1uses (e.g. community facility) of up to 4000sqm including a 2 form entry Primary School, formation of new means of access onto Hook Lane & Pagham Road, new pedestrian & cycle links, the laying out of open space, new strategic landscaping, habitat creation, drainage features & associated ground works & infrastructure on a site to the north of Hook Lane, Pagham. (Planning Application Ref P/6/17/OUT).

 

The application was refused by Council’s Development Control Committee on the 23 January 2019 for one reason, overturning the officers’ recommendation of approval. The appeal will be heard in October 2019 and is to be heard by way of a Public Inquiry lasting four days. 

 

This report seeks approval to a supplementary estimate of up to £25,000 to cover the costs of defending this appeal.

Decision:

Cabinet

 

            RECOMMEND TO FULL COUNCIL

 

That the approval of a supplementary estimate of £25,000 for costs associated with defending the appeal in respect of application P/6/17/OUT. These include Counsel costs and costs of appointment of a Planning Consultant to assist Members with defending an appeal in respect of Planning Application P/6/17/OUT.

 

The supplementary estimate equates to a Band D Council Tax of £0.41.

Minutes:

The Cabinet Member for Planning, Councillor Lury, introduced this item stating that the Development Control Committee had refused planning permission for housing on land north of Hook Lane, Pagham.  This had been contrary to the Officer’s recommendation to approve the application due to highway capacity and safety related concerns.  

 

The Group Head of Planning explained that the applicants had appealed the decision to refuse the application and that the appeal would be a public inquiry which would take place on 22 to 25 October 2019.  It was now necessary to secure a supplementary estimate of up to £25,000 to cover the cost of legal representation and to engage the use of a Planning Consultant to defend the Council’s case.  The Group Head of Planning confirmed that this cost would only cover the cost of legal representation and planning consultants in defending the Council’s case.  In the eventuality that the Council lost the appeal, the Council would have to then cover those additional costs.  

 

In considering the report, Councillor Lury highlighted how critical it was for this Council to work more closely with West Sussex County Highways and its Officers on these critical highways matters surrounding these strategic sites.  The Group Head of Planning confirmed that Officers and Members had worked very closely with West Sussex County Council (WSCC) on highways matters on strategic sites and, with specific reference to this site, Officers had sought an independent highways consultant to consider the proposals and their conclusions were broadly similar to those of WSCC.

 

            The Cabinet

 

                        RECOMMEND TO FULL COUNCIL

 

That a supplementary estimate of up to £25,000 be approved for the costs associated with defending the appeal in respect of planning application P/6/17/OUT.  These include Counsel costs and costs of the appointment of a Planning Consultant to assist Members with defending an appeal in respect of Planning application P/6/17/OUT.

The supplementary estimate equates to a Band D Council Tax of £0.41.

 

The Cabinet then confirmed its decision as per Decision Notice C/005/030619, a copy of which is attached to the signed copy of the Minutes.

 

(During the consideration of this item, Councillors Dr Walsh, Oppler and Purchese all declared their Personal Interests as Members of West Sussex County Council). 

 

25.

Arun Wellbeing Health Partnership - 20 February 2019 pdf icon PDF 339 KB

To receive and note the Minutes of the meeting of the Arun Wellbeing Health Partnership held on 20 February 2019 (as attached).