Meeting documents

Poole Cabinet
Tuesday, 31st October, 2017 7.00 pm

Date:
Tuesday 31st October 2017
Time:
07:00p.m.
Place:
Committee Suite, Civic Centre, Poole
 

Attendance Details

Present:

Councillor Mrs Janet Walton (Chairman) (Leader of the Council)
Councillor Mrs May Haines (Vice Chairman) (Deputy Leader of the Council)
Councillors: Challinor, Iyengar, Potter, Rampton, Mrs K Rampton and White
 

Also in attendance:
Councillors: Brooke, Brown (from 7:05pm), Farrell, Le Poidevin, Tindle and
G Wilson
Members of the public in attendance:
 
6
Meeting attachments:
Item Number Item/Description
PUBLIC
CA35.17 APOLOGIES FOR ABSENCE

There were no apologies for absence.

CA36.17 DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST(S)

There were no declarations of disclosable pecuniary interest.
 

CA37.17 DECISIONS OF THE PREVIOUS MEETING

DECISION TAKEN

 

That the Decisions of the previous Meeting, held on the 12 September 2017, having been previously circulated, be taken as read and confirmed and signed by the Chairman as a correct record.

 

Voting

 

FOR - Unanimous
 

CA38.17 PUBLIC QUESTIONS

The following Question had been received from Mr Sprackling, a resident of Poole:

 

“It is noticed that the Council proposes to fit height restrictions to the entrance to the Sandbanks Car Park to prevent oversize vehicle entry. Beach Road Car Park has been affected in the same way. Why is the Council not proposing to fit restrictions in the same way to the entrance to Beach Road Car Park?”

 

Response from the Portfolio Holder for Environment and Open Spaces, Councillor John Rampton

 

“Thank you for your Question.

 

There is no such proposal from the Council. There is a recommendation from the Place Overview and Scrutiny Committee to look into the feasibility of CCTV and some kind of lockable gating system at the entrance to the Sandbanks Car Park, as Cabinet will discuss later tonight when we reach that Agenda Item. This, of course, was prompted by a particularly challenging incident involving Travellers last year. Unlike Sandbanks Car Park, Beach Road Car Park is usually unmanned, though still requires access by large vehicles.

 

There will be several decisions tonight on the general theme of hardening, prevention and management of unauthorised encampments around the Borough and I see no reason why Beach Road Car Park should not be included in the more holistic view we intend to take.”

 

Councillor John Rampton, Portfolio Holder for Environment and Open Spaces

 

Mr Sprackling did not ask a supplementary question.

CA39.17 BROADSTONE NEIGHBOURHOOD PLAN: REPORT OF THE CHAIRMAN OF THE PLACE OVERVIEW AND SCRUTINY COMMITTEE

DECISIONS TAKEN

 

(i) That the Plan submitted by the Broadstone Neighbourhood Forum accords with the requirements of Regulation 15 of the Neighbourhood Planning Regulations (2012);

(ii) That the Plan proceed to public consultation in accordance with Regulation 16 of the Neighbourhood Planning Regulations (2012);

(iii) That following public consultation, the Plan, supporting documents and representations received be submitted for examination in accordance with Regulation 17 of the Neighbourhood Planning Regulations (2012);

(iv) That the application to renew the Broadstone Neighbourhood Forum Designation for a further period of five years accords with Section 61 (G) of the Town and Country Planning Act 1990 and can proceed to statutory consultation.

 

Voting

 

FOR - Unanimous
 

Reason for the Decision

 

To consider the recommendations from the Place Overview and Scrutiny Committee seeking Cabinet approval for the Plan to proceed to public consultation, and to agree to the Plan and representations received being submitted for examination. Approval was also sought to agree to extend the Neighbourhood Forum Designation for another 5-year period to 2023.

 

Part of the Published Forward Plan Yes

 

Key Decision Yes

 

Portfolio Areas Planning and Regeneration

 

Discussion/Options

 

The Chairman invited Councillor Farrell, the Chairman of Place Overview and Scrutiny Committee, to present his Report to Cabinet.

 

Councillor Farrell explained that Place Overview and Scrutiny Committee, at its Meeting on 9 August 2017, had acknowledged that progress to date on the Plan displayed a high level of community involvement and commitment and the opportunity for further similar initiatives across the Borough was welcomed. The Overview and Scrutiny Committee supported the recommendation to Cabinet for approval.

 

Councillor Potter, the Portfolio Holder, supported the recommendations from the Overview and Scrutiny Committee, suggesting that there may be a need to change the wording at Page 33, but would be happy for the Plan documentation to proceed to consultation.
 

CA40.17 GYPSY AND TRAVELLER WORKING PARTY: REPORT OF THE CHAIRMAN OF THE PLACE OVERVIEW AND SCRUTINY COMMITTEE

DECISION TAKEN

 

That the recommendations of the Working Party from Place Overview and Scrutiny Committee be noted and Cabinet consider a condensed version at Agenda Item 6A of this Meeting (Minute No. CA41.17), which still represents a more succinct and organised presentation of the recommendations from the Gypsy and Traveller Working Party considered by Place Overview and Scrutiny Committee on 9 August 2017.

 

Voting

 

FOR - Unanimous

 

Reason for the Decision

 

To capture the essence of the Working Party’s recommendations delivered in a more succinct manner for implementation.

 

Part of the Published Forward Plan Yes

 

Key Decision Yes

 

Portfolio Areas Environment and Open Spaces, Transportation

 

Discussion/Options

 

The Chairman, Councillor Mrs Walton, invited Councillor Farrell, the Chairman of the Place Overview and Scrutiny Committee, to present his Report.

 

The Leader explained that the Portfolio Holder, Councillor Rampton, had had the opportunity to review the Working Party recommendations and was proposing, at Agenda Item 6A, which would be taken in conjunction with this Item, a revised format of the recommendations, taking into account the Working Party’s findings.

 

Councillor Farrell presented his Report to Cabinet and Cabinet agreed to consider the Report of the Portfolio

 

Holder alongside the Working Party recommendations as detailed at Minute No. CA41.17.
 

CA41.17 GYPSY AND TRAVELLER WORKING PARTY: REPORT OF THE PORTFOLIO HOLDER FOR ENVIRONMENT AND OPEN SPACES - SUPPLEMENTARY AGENDA ITEM 6A

DECISIONS TAKEN

 

(i) That further consideration by Officers from Environmental Services, Community, Culture and Leisure and Transportation Services, be undertaken with regard to the installation of a height restrictive entrance barrier at Kingland Road Car Park, to be funded from existing resources.

 

(ii) Copse Close, at Poole Park, be target-hardened to prevent further unauthorised encampments, to be funded from existing resources.

 

(iii) That the Chief Executive, in consultation with the Portfolio Holder, be requested to write to the Chief Constable of Dorset Police with regards unauthorised encampments, to:

 

• Propose criteria where Police should consider the use of Section 61 Criminal Justice & Public Order Act 1994 to immediately remove an encampment (e.g. land intended for use by children, leisure centre car parks, high profile beach car parks)

• Seek confirmation that Police will act upon allegations of violence, criminal damage, and behaviour causing distress and negative impact on the local community

• Clarify the Police response where evidence is presented of anti-social behaviour and criminal activity

 

(iv) That a feasibility study be conducted into upgrading Sandbanks Beach Car Park entrance gates and installing CCTV, to provide additional security and deterrence against unauthorised encampments. Beach Road Car Park also to be included in the investigation.

 

(v) That Cabinet endorse the Place Overview and Scrutiny Committee’s rejection of further investigation into the provision of a temporary transit facility at lower profile sites across the Borough on a rotation basis.

 

Voting

 

FOR - Unanimous

 

Reason for the Decision

 

To consider the recommendations of the Portfolio Holder, encompassing those of the Gypsy and Traveller Working Party.

 

Part of the Published Forward Plan No

 

Key Decision Yes

 

Portfolio Areas Environment and Open Spaces, Transportation

 

Discussion/Options

 

In accordance with Section 100(B)4 of the Local Government Act 1072, the Chairman allowed consideration of this Item of business as a decision was required before the next scheduled Meeting of Cabinet.

 

Councillor Rampton, the Portfolio Holder, addressed Cabinet, thanking them for allowing consideration of his Report, which he felt took into account the Overview and Scrutiny recommendations. He explained that a number of the recommendations from the Working Party could be instigated by the Officers using their delegated authority. The Place Overview and Scrutiny Committee had noted that the policy of providing portable toilets and skips had reduced costs when compared to the costs of site cleansing, following departure of an unauthorised encampment. This rationale was to be explained on the Borough of Poole website. The website was also to be updated to state the actions residents should take when they witness anti-social behaviour associated with an unauthorised encampment.

 

The effectiveness of current communication channels between the Borough of Poole Regulatory Services and the Police were to be monitored, including the process of updating relevant parties. It was noted that ‘101’ telephone number failed to provide an effective channel for communications between the Council and Police officers and, since 9 August 2017, direct contact numbers for Police Commanders had been obtained. Officers were to continue to urge the Police to maintain effective communication channels.

 

The Portfolio Holder advised that a review of legal procedures was required in view of the new shared Legal Service arrangements between the Councils of Bournemouth and Poole. Currently Bournemouth and Poole used a different legal approach for unauthorised encampments to reach the same objective and it was recognised that there may be scope to rationalise such procedures.
 

There was also a particular legal process requirement in Poole that, for operational reasons, could seriously undermine future undertakings to remove unauthorised encampments with this requirement not applying in Bournemouth and this was to be resolved as a matter of urgency.

 

Councillor Rampton explained the reasons for the amendments to the ‘Decisions Required’ at Section 2 of his Report as follows: He felt that the recommendation from the Overview and Scrutiny Committee requesting the installation of a height restrictive barrier at Kingland Road Car Park required further investigation and Moved and Amendment to this effect, with which Cabinet concurred, as detailed at (i) in the ‘Decisions Taken’ Section.

With regard to recommendation (iii) of the ‘Decisions Required’ detailed in the Report, the Portfolio Holder requested that the Chief Executive should write to the Chief Constable in consultation with the Portfolio Holder. Again, Cabinet concurred with the Amendment as detailed in (iii) of the ‘Decisions Taken’.

 

The issue of inconsistency of the Police response and use of enforcement powers was also addressed by the Portfolio Holder. Councillor Rampton explained that, as a Local Authority, the Council had no powers with regard to Gypsies and Travellers, just duties; the Police had no duties, but under legislation had powers to act. He then explained that he wished to work with the Chief Executive to formulate a letter to be sent to the Chief Constable of Dorset Police, encompassing the bullet points as detailed in the ‘Decisions Taken’ Section. Councillor Rampton explained that he had written to the Minister, querying when the Police would act using Section 61 powers as this was not clear and there appeared to be some inconsistency, the response had been shared with the Working Party.

 

Councillor Rampton also stated that he had asked Government for a change in legislation and had written to the Minister asking for a transit site to be allowed to be provided outside of the Local Authority Area (Poole) but still in the Police Force area (Dorset) so that Police could move any Gypsy and Traveller encampments to the Site at Piddle Hinton.

 

The Leader explained that she had met with residents and discussed issues relating to Gypsy and Traveller incursions and it was agreed that residents, the Council, the Poole and Dorset MPs all needed to work together to achieve the best outcome for all on this issue.

 

Cabinet thanked Councillor Rampton for his Report, and noted that the recommendations were within the context of a wider strategy that acknowledged that Poole would continue to be a destination for Gypsies and Travellers, but aimed to manage unauthorised encampments in a way that minimise any adverse effects on settled communities, whilst maintaining the legal rights afforded to those who pursued a nomadic lifestyle.

CA42.17 ANNUAL CORPORATE PARENTING REPORT ON CHILDREN IN CARE (2016/17): REPORT OF THE CHAIRMAN OF THE PEOPLE OVERVIEW AND SCRUTINY COMMITTEE (CHILDREN AND YOUNG PEOPLE)

DECISION TAKEN

 

That Cabinet recommend to Council approval of the Annual Corporate Parenting Report on Children in Care 2016/17.

 

Voting

 

FOR - Unanimous

 

Reason for the Decision

 

To consider the recommendations of the People Overview and Scrutiny Committee (Children and Young People).

 

Part of the Published Forward Plan Yes

 

Key Decision Yes

 

Portfolio Area Children and Young People

 

Discussion/Options

 

The Chairman invited Councillor Tindle, the Chairman of the People Overview and Scrutiny Committee (Children and Young People) to address Cabinet.

 

Councillor Tindle presented his Report, explaining that the Overview and Scrutiny Committee, at its Meeting on 26 September 2017, had unanimously approved the Annual Corporate Parenting Report for recommendation to Council. 

 

The Portfolio Holder, Councillor White, was supportive of the recommendation.

 

CA43.17 ANNUAL REPORT OF THE INDEPENDENT REVIEWING OFFICER (IRO) (2016/17): REPORT OF THE CHAIRMAN OF THE PEOPLE OVERVIEW AND SCRUTINY COMMITTEE (CHILDREN AND YOUNG PEOPLE)

DECISION TAKEN

 

That Cabinet recommends to Council approval of the Annual Report of the Independent Reviewing Officer (IRO) (2016/17).

 

Voting

 

FOR - Unanimous

 

Reason for the Decision

 

To consider the recommendations of the People Overview and Scrutiny Committee (Children and Young People).

 

Part of the Published Forward Plan Yes

 

Key Decision Yes

 

Portfolio Area Children and Young People

 

Discussion/Options

 

Councillor Tindle, the Chairman of the People Overview and Scrutiny Committee (Children and Young People), introduced the Report complimenting the Report author, and informed Cabinet that the recommendation had been unanimously supported following consideration of this issue by the Overview and Scrutiny Committee at its Meeting on 27 September 2017.

 

Councillor White, the Portfolio Holder, explained to Cabinet that this was a statutory Report fulfilling the requirement to make available an Annual Report of the Independent Review Officer Service, noting that this was the sixth Report prepared for the Borough of Poole.

 

Cabinet concurred with the recommendation of the Report to Council for approval.
 

CA44.17 UPDATE ON THE COUNCIL’S MEDIUM TERM FINANCIAL PLAN (MTFP) : REPORT OF THE HEAD OF FINANCIAL SERVICES

DECISIONS TAKEN

 

That Cabinet:

 

(i) Note the gross MTFP funding gap over the three year period April 2018 to March 2021 has been revised to £6.8m.

(ii) Note that proposals have been formulated which close the funding gap for 2018/19 to £2.7m.

(iii) Note the need for Officers and Members of the Council to bring forward and examine robust and realistic budget proposals through the autumn which will ensure that the proper and lawful duties of the Council can be satisfied and a balanced budget for 2018/19 can be set.

(iv) Note the proposal not to submit an application to be a pilot for 100% Business Rates retention and to pioneer new pooling and tier split models.

 

Voting

 

FOR - Unanimous

 

Reason for the Decision

 

To consider the work undertaken in refreshing the Medium Term Financial Plan as a consequence of the Fundamental Annual Review undertaken in August 2017, the methods taken to address the funding gap, the work done by Cabinet and Officers in developing the Transformation Programme which aims to deliver the savings and efficiencies needed over this 3-year period, and the latest timetable being used for the development of the MTFP.

 

Part of the Published Forward Plan: Yes

 

Key Decision: Yes

 

Portfolio Areas: All

 

Discussion/Options

 

Councillor Mrs Haines, the Portfolio Holder, introduced this Report, advising Cabinet that the latest MTFP position was based on the third and fourth years of the 4-year Funding Settlement that Poole, along with 90 per cent of other local authorities, signed up to in 2016/17 to give certainty over funding, noting that this Report was based on the best of current available information and was based on assumptions which could change significantly.

 

Councillor Mrs Haines drew attention to areas of particular volatility detailed at paragraph 12.2 of the Report relating to the pay award and service demand and universal credit.

 

Councillor Mrs Haines assured Members that work was ongoing to reduce the funding gaps, as the pressures and resources were shown in Figure 4 of the Report, noting that at this stage £3 million of additional savings and efficiencies had been identified over those assumed in the July Report.

 

Councillor Mrs Haines drew Members’ attention to Sections 7 and 8 of the Report, detailing further pressures but also highlighted to Cabinet that the number of successful bids for funding/on-going work such as the re-gearing

of the Lease at the Dolphin Shopping Centre, and the successful Heritage Lottery Fund Bid, had enabled the

 

Council to improve its open spaces and to ‘pump prime’ the regeneration of Poole.

 

Cabinet concurred with recommendations.
 

CA45.17 ACCEPTANCE OF ARTS COUNCIL NATIONAL PORTFOLIO ORGANISATION FUNDING FOR POOLE MUSEUMS 2018-22: REPORT OF THE HEAD OF CULTURE, COMMUNITY AND LEARNING

DECISIONS TAKEN

 

That Cabinet recommend to Council:

 

(i) That, as lead partner of the Wessex Museums Partnership, Poole Museum Service accept an Arts Council England grant of £1.278m as an Arts Council England National Portfolio Organisation (NPO) 2018-22

(ii) That the Head of Culture, Community and Learning, in consultation with the Monitoring Officer and Chief Finance Officer, be authorised to enter into a grant funding agreement with Arts Council England

(iii) That, if it becomes appropriate during the course of the NPO programme, the Head of Culture, Community and Learning may agree with the Arts Council to novate the grant to the Wessex Museums Trust (WMT)

 

Voting

 

FOR - Unanimous

 

Reason for the Decision

 

To seek Cabinet approval for recommendation to Council of acceptance of grant funding from Arts Council England of £1.278 million for the period 2018-2022, following the admission of the Partnership to the Arts Council National Portfolio (NPO) of regularly funded organisations. As this Grant was over £1 million, the Council’s Financial Regulations required its acceptance be approved by Council. 

 

Part of the Published Forward Plan Yes

 

Key Decision Yes

 

Portfolio Area Culture

 

Discussion/Options


Councillor Iyengar, the Portfolio Holder, introduced this Report, congratulating the Officers on the excellent work undertaken to achieve this grant funding. Cabinet was pleased to note that ‘Visit England’ had recently announced that Poole Museum was the most popular free attraction in Dorset (and the most popular Museum), and the fifth most popular free attraction in the South West.

Cabinet congratulated the Officers on “thinking outside the box” to achieve this funding. The Grant would fund a broad range of partnership and Poole Museum core activity, including community engagement, fund-raising, collections care and development, marketing and digital equipment at no cost to the Council.
 

CA46.17 POOLE SEA FRONT DEVELOPMENT PROGRAMME - UPDATE: REPORT OF THE HEAD OF CULTURE AND COMMUNITY LEARNING

DECISIONS TAKEN

 

1. That Cabinet recommend to Council:

 

• that Council note that the Borough of Poole has been able to increase the total approved Seafront Development Programme budget to £6.6m and extend the programme of works, following a successful £1.2m bid to the Coastal Communities Fund (CCF).
• that, in accordance with the Council’s Financial Regulations Council approval of acceptance of the grant funding.

 

2. That Cabinet:

 

(i) Approve the revised Seafront Development Programme and note that £1.56m of capital works are due to be completed by the end of 2019 (subject to approvals), generating an additional £55k in annual net revenue.

(ii) Note the postponement of a £4.8m of construction works following a cliff slippage at Canford Cliffs, and:

• Support the allocation of up to £200k from the approved Seafront Development Programme budget to assess the scale of remedial cliff stabilisation work required, which will form the subject of a further report in 2018.

• Note that £160k of associated revenue anticipated within the MTFP has been re-profiled to 2020/21, subject to further decision making.

(iii) Request that Officers continue to explore investment opportunities at other seafront locations and bring forward a business case on income generating opportunities from Sandbanks Pavilion enhancement works

 

Voting

 

FOR - Unanimous

 

Reason for the Decision
 

 

 

To seek Council approval for acceptance of the £1.2 million bid from the Coastal Communities Fund, to increase the total approved Seafront Development Programme Budget and extend the Programme of works, and to give Cabinet an update on the Seafront Development Programme.

 

Part of the Published Forward Plan Yes

 

Key Decision Yes

 

Portfolio Area Economy, Tourism, Culture

 

Discussion/Options

 

Councillor Iyengar, the Portfolio Holder, introduced this Report, explaining that Council approval was required to accept the successful bid of £1.2 million from the Coastal Communities Fund (CCF) to invest in improvements to: access and infrastructure, play and recreation, signage and interpretation and cultural/artistic appeal in key areas along the Seafront.

 

He drew Members’ attention to the postponement of £4.8 million of construction works following the cliffs slippage at Canford Cliffs, noting that extensive cliff stabilisation and works to underpin the highway above were likely to be required. The Officers were undertaking a survey of this area so that the impact was known as soon as possible and the progression of schemes could be assessed.

 

Councillor Iyengar informed Cabinet that he had received favourable feedback from the Beach Huts Association on how these issues had been handled. He explained that the £200,000 allocation from the Approved Seafront Development Budget to assess the scale of remedial cliff stabilisation work required was to be spent prudently and the question as to whether the works could be progressed, answered as quickly and cheaply as possible,

taking into account the safety aspects.
 

CA47.17 POOLE MARITIME FESTIVAL: REPORT OF THE HEAD OF GROWTH AND INFRASTRUCTURE

DECISIONS TAKEN

 

That Cabinet:

 

(i) Notes the successful delivery of Poole Maritime Festival 2017 and that Place Overview and Scrutiny Committee will be considering the lessons learnt for future events.

(ii) Agrees, in principle, to continue with Poole Maritime Festival as an annual event, bringing together a number of activities delivered primarily on a commercial basis.

(iii) That to provide coordination and marketing for Poole Maritime Festival 2018, a budget of £20,000 be allocated from the remaining Reserves from the 2017 event.

 

Voting

 

FOR - Unanimous

 

Reason for the Decision

 

To provide an overview of the Poole Maritime Festival (PMF) 2017, and to seek Cabinet’s approval to its continuation.

 

 

Part of the Published Forward Plan:  Yes

 

Key Decision:  Yes

 

Portfolio Areas:  Environment, Economy, Transportation

 

Discussion/Options

 

Councillor Iyengar outlined the background to the Event and noted its success, together with the Public Festival.

 

Cabinet noted that, although the event was very successful, there was no budget allocation for the continuation of the event and, in view of the Council’s current budgetary position, and removal of the Government Grant, the priority for allocating funds to a discretionary activity such as a festival had to be weighed against pressures in delivering other front-line services.

 

Cabinet acknowledged that PMF had an impact which was beyond that which could be measured in economic terms and it had contributed to the quality of life by strengthening communities, providing unique activities and events and building awareness of diverse cultures and identities and acting as a source of community pride.

 

Cabinet concurred with the Festival continuing as an annual event in June, prior to the Poole Harbour Boat Show. The need for sponsorship was acknowledged and an invitation to tender to make this a third party event was to be issued.

 

The Leader of the Council and Chairman of Cabinet thanked all the staff who had volunteered to help make this event a success and, although acknowledging that they had been thanked at the time, asked the Chief Executive to ensure that Cabinet’s thanks were formally extended to those staff who had volunteered.


 

CA48.17 CABINET FORWARD PLAN

Cabinet noted the extract of its Forward Plan and requested the following Amendments:

  • The Strategic Review of Housing Management Options, now to be considered at a People Overview and Scrutiny Committee (Health and Social Care) on 4 December 2017, be moved to Cabinet consideration on 9 January 2018.
  • An update on the Ofsted Inspection of Children’s Services be added to the ‘Dates to be Advised’ Section.
     
The Meeting commenced at 7:00pm and finished at 7:45pm.