Rother District Council

CABINET

30 July 2007

Minutes of the Cabinet meeting held at the Town Hall, Bexhill-on-Sea on Monday 30 July 2007 at 2.30pm.

Cabinet Members present: Councillors C.R. Maynard (Leader), Mrs. J.M. Hughes, I.G.F. Jenkins, J.M. Johnson, B. Kentfield, R.H. Patten and Mrs. D.C. Williams.

Other Members present: Councillors J.J. Carroll (in part), P.R. Douart (in part), R.F. Dyason (in part), M.D. Ensor, K. Field (in part), M.S. Forster, P.G. Lendon (in part), Mrs. S.M. Prochak, K. Standring and C.F. Starnes (in part).

Advisory Officers present: Chief Executive, Director of Resources, Head of Amenities (in part), Head of Housing (in part), Head of Environmental Health (in part), Head of Planning, Head of Regeneration (in part), Planning Project Manager (in part), Regeneration and Tourism Officer (in part) and Senior Democratic Services Officer.

Also present: Mr. M. Cogswell, Location Services Manager, Locate East Sussex, 4 members of the public and 1 member of the local press.

Publication Date: 1 August 2007

The decisions made under PART II will come into force on 9 August 2007 unless they have been subject to the call-in procedure

CB07/24. MINUTES

The Chairman was authorised to sign the minutes of the meeting held on 2 July 2007 as a correct record of the proceedings.

CB07/25. APOLOGIES FOR ABSENCE

Apologies for absence were received from Anthony Leonard, Director of Services and Robin Vennard, Head of Finance.

PART I – RECOMMENDATIONS TO COUNCIL – not subject to call-in procedure under Rule 16 of the Overview and Scrutiny Procedure Rules.

CB07/26. REVENUE BUDGET AND CAPITAL PROGRAMME MONITORING (6.3) TO JUNE 2007

Consideration was given to the report of the Director of Resources on the Revenue Budget and Capital Programme Monitoring to June 2007.

The Revenue Budget report focussed on the key budgets identified as requiring close monitoring during 2007/08 that could have a material effect on the Council’s financial position. The report detailed the changes to the Revenue Budget agreed by Cabinet since April and the revenue spend to the end of June 2007. The report identified and gave details of potential areas of risk, including investment income, reduced planning and land charges income, Housing and Council Tax Benefit, refuse collection and recycling and street cleaning contract and reduced car parking income, due to the continued poor weather.

The Capital Programme had been updated to reflect the latest decisions of Cabinet, the effects of the 2006/07 outturn and some reprofiling, details of which were given within the report. It was advised that the Capital Monitoring Group were confident that the Capital Programme was currently on target and would be delivered, although it was acknowledged that this was only the first ¼ report. It was noted within the report that although the Capital Programme was currently fully funded, there could be a substantial call on reserves in the near future, should the proposed regeneration activity at Marley Lane, Battle and Sidley Goods Yard be approved.

RECOMMENDED: That the revised Capital Programme be approved, as submitted.

(The Leader had accepted this item onto the agenda as a matter of urgency to enable the revised Capital Programme to be recommended to Council).

CB07/27. PLAY POLICY AND STRATEGY

(7.2)

Council had recently approved and adopted the Open Spaces, Sport and Recreation Study, as well as agreeing the funding arrangements for the grant award of £200,000 from the Big Lottery Fund.

In order to draw down the Big Lottery Fund monies the Council was required to have in place a Children’s and Young People’s Play Policy and Strategy to support the Open Spaces, Sport and Recreation Study. The Policy had been developed with input from “Play England” and Rother Play Partnership consisting of various key delivery agencies.

The document addressed play in terms of both equipped play areas and supervised play provision across the District and was not restricted to play opportunities provided by Rother District Council. The overarching aim of the Strategy was to ensure that Rother’s children and young people had access to a range of quality play opportunities within a practical journey of their homes.

RECOMMENDED: That the Children and Young People’s Play Policy and Strategy for Rother produced in conjunction with the Rother Play Partnership be adopted.


CB07/28. SIDLEY GOODS YARD REDEVELOPMENT

(9.2)

Consideration was given to the confidential report of the Director of Services on the redevelopment proposals for Sidley Goods Yard, which had been identified as one of the Council’s short-term Executive Priorities. Officers had previously been authorised to identify possible future needs of the site and other possible development options. This further work had now been concluded and a detailed project plan and cashflow analysis had been submitted to the Executive Priority Programme Board.

The report set out the demand for the proposed development, the existing tenancy arrangements, the scheme proposals, including key elements and constraints, estimated capital costs to the Council, how it would be funded, revenue implications and the next stages. Mr. M. Cogswell, Location Services Manager, Locate East Sussex was present during the discussions that related to Appendix 3 of the report. Members were assured that there was a need for the type and mix of commercial units being considered within the development proposals and that the financial forecasts and occupancy levels were realistic.

There was an opportunity for the Council to secure a significant contribution from the Area Investment Framework (AIF) in the current financial year. An application had been made and approval would be subject to the Economic Alliance being satisfied that the scheme would be compromised or unviable without AIF support and that the Council was committed to proceed with the scheme, should AIF funding be used to support the development phases. In addition to the capital investment, the Council would have to provide a level of revenue subsidy to the project. Details and assumptions regarding the revenue implications, including likely return, were detailed within the report.

Subject to approval, the next stage of the project was to develop detailed designs and carry out further studies. It was requested for continuity and to avoid retendering at this stage of the project, the consultants previously engaged on project be retained. To enable this, Cabinet had to agree to the waiver of Finance Procedure Rule Q40.

The project represented a significant financial commitment on the part of the Council and the numerous risks associated with it and possible mitigating measures were detailed within the report.

Members considered the future of a long term existing tenant on the site, and it was agreed that in order for the whole development to be financially viable, the tenant would be asked to find a suitable alternative business premises. Members were keen to ensure that the tenant be given every assistance by the Council to find an alternative location. Cabinet was also requested to agree the renewal of existing tenancies for a further year from 1 January 2008, on non-secure terms to ensure continuity of income whilst the future plans were developed further.

RECOMMENDED: That

1) the sum of £2,103,000 be provided for in the Council’s Capital Programme for development of Sidley Goods Yard, to be met from Capital Receipts and AIF funding (if approved); and

RESOLVED*: That

2) the revenue subsidy required to implement the proposal be funded from Earmarked Reserves;

3) the Director of Services be authorised to proceed with a restrictive tender for the construction of the scheme in accordance with Contract Procedure Rules;

4) Financial Procedure Rule Q40 be waived in respect of the continued appointment of E.A. R. Sheppard & Co. to act on the Council’s behalf;

5) the Director of Services be authorised to renew the existing leases at Sidley Goods Yard for a further year from 1 January 2008;

6)  the Council assist the existing long term tenant to find suitable alternative business premises; and

7)  in the event that AIF funding is not secured, a further report be submitted to Cabinet.

(This matter was considered exempt from publication by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended).

(Councillor M.S. Forster declared a personal interest in this matter in so far as he is an elected Member of East Sussex County Council and in accordance with the Members’ Code of Conduct remained in the room during consideration thereof.)

(Councillor C.R. Maynard declared a personal interest in this matter in so far as he is an elected Member of East Sussex County Council and in accordance with the Members’ Code of Conduct remained in the room during consideration thereof.)

(Councillor C.F. Starnes declared a personal interest in this matter in so far as he is the Council appointed representative and Director of the Hastings and Bexhill Renaissance Ltd and in accordance with the Members’ Code of Conduct remained in the room during consideration thereof.)

*The RESOLVED part of this minute is subject to the call-in procedure under Rule 16 of the Overview and Scrutiny Procedure Rules.


PART II – EXECUTIVE DECISIONS – subject to call-in procedure under Rule 16 of the Overview and Scrutiny Procedure Rules by no later than 4pm on 8 August 2007.

CB07/29. AUTHORISATION OF OFFICERS TO REPRESENT ROTHER

(6.1) DISTRICT COUNCIL

The Council had recently appointed a new Team Leader in the Revenues Division, who was required to represent the authority in the Magistrates Court, as part of their duties. It was noted that previous authority to an existing postholder was now no longer required. It was also agreed that the Chief Executive be given delegated authority to authorise existing staff to represent the Council in relation to this matter.

RESOLVED: That

1)  the holder of post R0231X, be authorised under section 223 of the Local Government Act 1972 to represent the Council before the Magistrates’ Court, in relation to applications for Liability Orders in respect of Non payment of Council Tax and National Non-Domestic Rates and matters relating to Committal proceedings; and

2) the Chief Executive be authorised to appoint existing staff to represent the Council before the Magistrates’ Court, under Section 233 of the Local Government Act 1972 in relation to applications for Liability Orders in respect of Non payment of Council Tax and National Non-Domestic Rates and matters relating to Committal proceedings.

CB07/30. VILLAGE HALL GRANTS

(6.2)

Consideration was given to two grant applications received from the Management Committees of Mountfield and Burwash Village Halls, for funding from the Village Halls and Community Centres Fund.

Mountfield Village Hall Management Committee was requesting funding towards the cost of renovation works to the floor, the creation of lighting, sound and storage for the stage, improvements to the foyer, creation of storage for the Blind Club and replacement of internal fixtures and fittings. The hall was well used by the local community and there were no alternative facilities nearby. The estimated cost of the works was £5,500, the Management Committee was committed to improving the Hall and had been actively fundraising. Cabinet was asked to consider approving a grant of £1,000 towards the costs.

Burwash Village Hall Management Committee was requesting funding towards the final stages of a 9 year restoration project. The final stage was the installation of secondary gazing at an estimated cost of £9,500. Cabinet had approved previous grant applications for funding for this long term project that amounted to £11,000. Cabinet was asked to consider approving a further grant of £3,000 towards the costs.

Cabinet was supportive of both grant applications and it was confirmed, that through the work of Action in Rural Sussex (AiRS), all Town and Parish Councils and Village Hall Management Committees were informed of the various funds available to them to apply for grants. The Leader was particularly pleased to see funding from a variety of sources providing clear and demonstrable partnership working to the benefit of the community.

RESOLVED: That the following grants be awarded from the Capital Programme, Item 4-10, Village Halls and Community Centres:

Mountfield Village Hall £1,000; and

Burwash Village Hall £3,000.

CB07/31. CHOICE BASED LETTINGS

(7.1)

Consideration was given to the report of the Director of Services that set out the various options open to the Council to enable the introduction of a choice based lettings (CBL) scheme in Rother. Although previously supportive in principle, Cabinet had deferred the decision, pending the submission of a more detailed report, although funding had been put into the base budget to support the provision. The introduction of a CBL scheme would enable applicants for housing, already on the Council’s Housing Register, to be provided with full details of properties that became vacant through a fortnightly free paper or by the internet, e-mails and a range of other advertising methods. The Scheme would provide a more transparent process and help clients to understand the process, to enable them to see how housing was allocated on the points based system and to allow them to make positive choices about where they wanted live and be realistically housed.

The report before Members provided an assessment of the two alternative solutions, either a Sussex-wide CBL or stand-alone and what the potential penalties were if the Council was not able to deliver CBL and what the implications could be.

The proposed funding of the Sussex-wide scheme, to be delivered and managed by Locata Housing Services (LHS), had been renegotiated and Rother Homes had now committed an annual revenue contribution of 50% or to a maximum of £15,000. Not only did the renegotiated Sussex-wide scheme represent value for money, it would free up officer time to enable the Council to focus on the more vulnerable clients. The Head of Housing was confident that LHS were more than able to run a successful scheme, having set up and run successful schemes in a number of London Boroughs.

Cabinet agreed that the Sussex-wide scheme now provided the Council with the most cost-effective way of implementing a CBL scheme, as opposed to introducing a stand-alone scheme and demonstrated value for money.

RESOLVED: That Rother District Council join the Sussex-wide Choice Based Lettings scheme within the costs set out in the report.

CB07/32. BATTLE TOWN COUNCIL