Agenda, decisions and minutes

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

There were no declarations of interest made on this occasion.

To confirm and sign as a correct record the minutes of the Meeting held on 12 February 2020.

The Minutes of the Cabinet meeting held on 12 February 2020 were confirmed and signed as a correct record.

Voting: Unanimous

To receive any public questions, statements or petitions submitted in accordance with the Constitution. Further information on the requirements for submitting these is available to view at the following link:-

https://democracy.bcpcouncil.gov.uk/documents/s2305/Public%20Items%20-%20Meeting%20Procedure%20Rules.pdf 

The deadline for the submission of public questions is, Wednesday 11 March 2020.

The deadline for the submission of a statement is 12.00 noon, Tuesday 17 March 2020.

The deadline for the submission of a petition is 12.00 noon, Tuesday 17 March 2020.

The Leader reported that two questions, ten statements and one petition had been received.

In relation to this the Leader advised that in view of advice relating to the current COVID-19 outbreak, that all of those who had submitted questions, statements and the petition had advised that they would not be attending the meeting in person, and due to the extenuating circumstances the provisions within the Constitution would be waived and all submitted Public Issues, including the questions would be read out by the Chief Executive on this occasion.

Further to this the Leader advised that all Cabinet Members had received full copies of the submitted questions, statements and petition prior to the meeting, and that the statements which had been submitted and were more than 100 words in length would be summarised for the purposes of being read out, but that they would be included within the minutes in their entirety.

Question from Ray O’Luby

In 2015, the cement industry generated c2.8bn tonnes of CO2, equal to 8% of the global total, more than the US or China. Cement use is set to rise as urbanisation and demand for new buildings and infrastructure increases. Given the Council's potential support for large-scale infrastructure projects, can they explain why they have not taken the climate damaging consequences of cement production into account in their draft Climate Change Emergency Action Plan (CCEAP)?

Response by the Portfolio Holder for Environment and Climate Change

BCP Council recognises that cement production is a big issue for the global fight against climate change and sustainable construction methods will be addressed in the development of new Local Plan.

The Draft Climate and Ecological Emergency Action Plan seeks to introduce policies to encourage zero-carbon developments which would take into account carbon embedded in construction materials.  It is hoped that these measures will be supported by positive changes in the National Planning Policy Framework and Building Regulations.

Question from Marion Pope

I voted with some of you against the inclusion of green belt land for housing in the Poole Local Plan 2018.  Unfortunately, we were outvoted by the large Conservative majority on the Council and the Plan became law.

Green Belt is not appropriate for housebuilding because of the lack of transport infrastructure and loss of habitats.  There are also concerns about flooding and air pollution.  My question to you is:

Will you guarantee that no more sites will be released from the green belt to meet housing need?

Response by the Leader of the Council

Government policy on Green Belt is clear; Green Belt boundaries should only be amended in Exceptional Circumstances. Cabinet recognise and fully support this position and in line with national planning policy are not intending to amend any Green Belt boundaries through the Local Plan. The advice from Government is that the BCP Local Plan should be focused first on accommodating its development needs in areas outside of Green Belt, which is the approach being taken at present with work underway on a comprehensive  ...  view the full minutes text for item 138.

To consider recommendations from the Overview and Scrutiny Board on items not otherwise included on the Cabinet Agenda.

Cabinet were advised that there were no additional recommendations from the Overview and Scrutiny Board on items not otherwise included on the Cabinet Agenda on this occasion.

The Local Government and Public Involvement in Health Act 2007 (Part 4) devolved power from the Secretary of State to principal councils to carry out community governance reviews and put in place or make changes to local community governance arrangements.

The Council commenced a review following the receipt of a valid community governance petition. The Council published draft recommendations which were subject to public consultation.

Cabinet is asked to consider the final recommendations of the Task and Finish Group and to make a recommendation to Council.

The Portfolio Holder for Tourism, Leisure and Communities presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.

Cabinet were advised that Council commenced a review following the receipt of a valid community governance petition, and that further to this the Council had published draft recommendations which were subject to public consultation.

Cabinet were as a result now asked to consider the final recommendations of the Task and Finish Group and to make a recommendation to Council.

In relation to the report the Leader highlighted the reasons for the election not being held until April 2021.

RECOMMENDED that:-

(a)    the existing parish of Holdenhurst Village be altered to include the neighbouring village of Throop as shown on the map appended to this report;

(b)    the name of the established parish referred to in (a) above be Throop and Holdenhurst;

(c)    the style of the parish of Throop and Holdenhurst be set as a village;

(d)    the parish should have a parish council in the style of village council;

(e)    the name of the village council should be ‘Throop and Holdenhurst Village Council’;

(f)     the village council for Throop and Holdenhurst consist of 7 councillors;

(g)    the effective date for the establishment of the parish council be 1 April 2021;

(h)    the elections of all parish councillors for the parish of Throop and Holdenhurst shall be held:-

(i)     on the ordinary day of election of councillors in 2021;

(ii)    on the ordinary day of election of councillors in 2027; and

(iii)  every fourth year thereafter;

(i)     a Bournemouth, Christchurch and Poole Council (Reorganisation of Community Governance) Order be prepared in accordance with the above recommendations and that the Order be effective from 1 April 2021 save for those recommendations relating to parish electoral arrangements which shall come into force on the ordinary day of election of councillors in 2021;

(j)     the Local Government Boundary Commission for England be requested to make a related alteration order to alter the boundaries of the District Wards (Commons and Muscliff & Strouden Park) to be coterminous with the parish boundary referred to in recommendation (a) above;

(k)    the Director of Law and Governance be authorised to make all necessary reorganisation of community governance orders to implement the changes agreed by Council;

(l)     a Shadow Parish Council for Throop and Holdenhurst be established, comprising 7 members, with membership being made up of:-

(i)     3 ward councillors for Muscliff and Strouden Park;

(ii)    2 representatives of Holdenhurst village meeting;

(iii)  2 other local representatives drawn from the lead petitioners.

Voting: Unanimous

Portfolio Holder: Tourism, Leisure and Communities

This report is brought before Cabinet in order to determine the next steps in deciding the use of the land at Wessex Fields. It follows a period of public consultation and a public engagement day held on 7 January 2020 where attendees had the opportunity to suggest uses for the land fitting all the essential criteria of Financially Viable, Environmentally Sustainable and Socially Responsible.

The scope of the consultation was specific to the theme of use for the land and not to the existing road scheme. Although this was inevitably discussed at the event the objective was limited to generation of ideas for the land use, not to gauge support for road.

This report summarises the public feedback and proposes a course of action that reflects this whilst securing and safeguarding the future use of the site. The feedback preferred development which accommodates healthcare, research and education themes as well as seeking to include key worker or affordable housing and realise the vision of the Living Lab.

Any future development should incorporate plenty of open access green space to promote wellbeing and wildlife habitats, as well as improved controlled access to the hospital and improved transport links in all forms fitting the essential criteria.

RESOLVED that:-

(a)    From the outcome of the consultation, the Cabinet are recommended to progress the three key themes broadly supported by the public:

·                Health, Care, Research and Education;

·                Affordable or Keyworker Housing;

·                Realising the vision of the Living Lab.

(b)    Cabinet delegates authority to the Director for Development in consultation with his senior officers to commission soft market testing to develop viable delivery options relating to the preferred use themes. Once completed, this will be reviewed by the Cabinet with an estimate of a report in Autumn 2020.

Voting: Unanimous

Portfolio Holders: Leader of the Council

Portfolio Holder for Regeneration and Culture

Reason

Adopting the recommendation will demonstrate the Cabinet has listened to the public and will ensure the development of the land delivers an environmentally sound and leading-edge solution, carried out in a manner fitting the essential criteria the Council has identified for the project. The recommendation is a good fit with the following corporate priorities:

a.         Sustainable Environment

b.         Dynamic Places

c.         Connected Communities

d.         Fulfilled Lives

The Portfolio Holder for Transport and Infrastructure presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

Cabinet were asked to consider the next steps in deciding the use of the land at Wessex Fields, following a period of public consultation.

The Vice-Chairman of the Overview and Scrutiny Board addressed Cabinet advising that whilst there were no formal comments from the recent meeting of the Board, that Members had discussed the transportation side of the scheme in detail, and that the Board would like to see the next stage of the scheme including the transportation elements.

A Councillor addressed Cabinet highlighting disappointment that focus continues to be on the road infrastructure rather than the future possibilities of the site.

RESOLVED that:-

(a)    From the outcome of the consultation, the Cabinet are recommended to progress the three key themes broadly supported by the public:

·                Health, Care, Research and Education;

·                Affordable or Keyworker Housing;

·                Realising the vision of the Living Lab.

(b)    Cabinet delegates authority to the Director for Development in consultation with his senior officers to commission soft market testing to develop viable delivery options relating to the preferred use themes. Once completed, this will be reviewed by the Cabinet with an estimate of a report in Autumn 2020.

Voting: Unanimous

Portfolio Holders: Leader of the Council

Portfolio Holder for Regeneration and Culture

The Cultural Enquiry for Bournemouth, Christchurch and Poole has been published, recommending we “utilise its three themes – talent, infrastructure and quality of place – to mobilise a new era of partnership and co-investment.”

In support of the recommendations, and of the development of a Cultural Collective, cultural vision, cultural strategy and implementation plan, the Council has at the recommendation of the Deputy Leader approved an additional investment in arts and culture (generally abbreviated here as culture) of £150k in 2020/21, with an additional budget request of £320k in 2022/23.

The £150k will support key actions of the Corporate Strategy, the Local Industrial Strategy, the emerging Local Plan and Destination and Tourism Strategy.

BCP Council funds six independent arts and heritage organisations to deliver cultural services for residents and visitors in Bournemouth, Christchurch and Poole. This funding enables them to deliver community-focused activity which supports the Corporate Strategy. A three-year funding settlement, for these organisations, guaranteeing no reduction in funding, would better enable them to plan and to apply for external funding than recent annual settlements have allowed.

Arts Council England’s new ten-year strategy “Let’s Create” emphasises the importance of wide community participation in culture and is in tune with our belief it embraces all aspects of creative life, from popular to high culture.

RESOLVED that:-

(a)          Cabinet accepts the findings and recommendations of the Cultural Enquiry and supports their implementation.

(b)          Cabinet supports the plan to hold “A Cultural Future for Bournemouth, Christchurch and Poole” conference at Lighthouse Poole.

(c)          Cabinet agrees that a cultural strategy and implantation plan for Bournemouth, Christchurch and Poole should be developed as a joint initiative of BCP Council and the Cultural Collective.

(d)          Cabinet agrees to openly recruit an independent chair of the Bournemouth, Christchurch and Poole Cultural Collective (Cultural Compact) and form a multi-sector board and wider stakeholder group to deliver on the recommendations of the Cultural Enquiry.

(e)          Cabinet agrees a three-year standstill settlement (2020-23) for the six funded arts and heritage organisations operating in Bournemouth, Christchurch and Poole.

(f)            We bring a review back in 12 months which looks at how the work is delivering against the Corporate Plans and Delivery Plans.

Voting: Unanimous

Portfolio Holder: Regeneration and Culture

Reason

To enable BCP Council, the Cultural Collective and local arts and heritage organisations to deliver on the recommendations of the Cultural Enquiry and the priorities of the Corporate Strategy.

The Leader presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'C' to these Minutes in the Minute Book.

Cabinet were requested to consider and accept the findings and recommendations of the Cultural Enquiry to enable BCP Council, the Cultural Collective and local arts and heritage organisations to deliver on the recommendations of the Cultural Enquiry and the priorities of the Corporate Strategy.

The Vice Chairman of the Overview and Scrutiny Board addressed Cabinet advising that at the recent Board meeting the Board had requested that an update report be provided in 12 months, to provide an overview of how effective the strategy has been in meeting its aims; and for this report to include as measures of effectiveness an assessment of how the strategy has assisted in tackling anti-social behaviour and in engaging with harder to reach groups in our communities.

In addition the Vice Chairman raised concerns as to whether this was the best use of BCP Council money at this particular time.

A Councillor addressed Cabinet highlighting that this could help bring people together following forthcoming isolation.

The Portfolio Holder for Finance read a statement out from the Lighthouse highlighting the intentions for the future.

Cabinet Members spoke in support of the report highlighting the benefits. In addition the Leader proposed an additional recommendation to address the comments from the Overview and Scrutiny Board.

RESOLVED that:-

(a)          Cabinet accepts the findings and recommendations of the Cultural Enquiry and supports their implementation;

(b)          Cabinet supports the plan to hold “A Cultural Future for Bournemouth, Christchurch and Poole” conference at Lighthouse Poole;

(c)          Cabinet agrees that a cultural strategy and implantation plan for Bournemouth, Christchurch and Poole should be developed as a joint initiative of BCP Council and the Cultural Collective;

(d)          Cabinet agrees to openly recruit an independent chair of the Bournemouth, Christchurch and Poole Cultural Collective (Cultural Compact) and form a multi-sector board and wider stakeholder group to deliver on the recommendations of the Cultural Enquiry;

(e)          Cabinet agrees a three-year standstill settlement (2020-23) for the six funded arts and heritage organisations operating in Bournemouth, Christchurch and Poole; and

(f)            We bring a review back in 12 months which looks at how the work is delivering against the Corporate Plans and Delivery Plans.

Voting: Unanimous

Portfolio Holder: Regeneration and Culture

BCP Council must bring into operation a Street Works Permit system in lieu of its existing noticing system. 

This report follows the Cabinet report in October and reports on the results of the consultation carried out with all statutory consultees, with recommendations of the permit conditions to be applied for the new BCP Council Street Works Permit Scheme, taking into consideration the responses received.

RESOLVED that:-

(a)          Cabinet approve the conditions to be applied to the BCP Council Street Works Permit Scheme, as described in the attached document, Appendix 2;

(b)          Cabinet delegate authority to the Director of Legal and Democratic Services to make the necessary Legal Order to bring the permit scheme into operation. 

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

Reasons

DfT require all Local Authorities to introduce a Street Works Permit scheme by April 2020, or as soon as practicably possible thereafter; the approved permit conditions for such a scheme and necessary legal order are required to bring this into operation.

The Portfolio Holder for Transport and Infrastructure presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'D' to these Minutes in the Minute Book.

Cabinet were requested to consider approval to bring into operation a Street Works Permit system in lieu of its existing noticing system. In relation to this Cabinet were informed that this report followed the Cabinet report in October and reports on the results of the consultation carried out with all the statutory consultees, with recommendations of the permit conditions to be applied for the new BCP Council Street Works Permit Scheme, taking into consideration the responses received.

In presenting the report the Portfolio Holder for Transport and Infrastructure advised that following discussion at the recent Overview and Scrutiny Board and queries raised that the table of charges had been circulated.

The Vice Chairman of the Overview and Scrutiny Board addressed Cabinet thanking the Portfolio Holder for the circulation of the fees and charges and informing Cabinet that at the recent meeting of the Overview and Scrutiny Board members had resolved that Cabinet be recommended to modify the street works permitting scheme to include a clause requiring that any works undertaken are subject to follow up inspection and a requirement to make good the road surface or footway to a sufficient standard, in order to ensure that this standard remains in place for an agreed period of time.

In relation to the above the Portfolio Holder advised that it would be difficult to have officers check on the holes are each works had been completed, as this would be very time consuming and labour intensive.  Further to this Cabinet were advised that works under 1.5m in depth had a 2 year guarantee, and works over 1.5m had a 3 year guarantee.

A Councillor addressed Cabinet stressing that there had been problems in the past with getting issues reported in time, and questioning whether it would be possible for an officer to complete a visual check whilst on their way to other jobs. Further to this the Councillor questioned whether if there is a list of all the works and when they run out of guarantee is an officer not checking these before the time period of the guarantee runs out?

The Leader highlighted the time, capacity and budget constraints of an officer visually checking each works following completion. In relation to this the Leader questioned whether Councillors could receive a list of permitted schemes once a month by ward, this would enable Ward Councillors to know when repairs were happening and to carry out the checks themselves whilst carrying out their ward work. In relation to this the Leader requested the Portfolio Holder explore this issue.

The Portfolio Holder advised that the department were currently going through a migration of systems but that officers had seemed positive that a retrospective list would be possible.

RESOLVED that:-

(a)          Cabinet approve the conditions to be applied to  ...  view the full minutes text for item 143.

To adopt the Dorset Heathlands Planning Framework 2020-2025 Supplementary Planning Document.

The Portfolio Holder for Strategic Planning presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'E' to these Minutes in the Minute Book.

Cabinet were requested to recommend adoption of the Dorset Heathlands Planning Framework 2020-2025 Supplementary Planning Document.

The Vice Chairman of the Overview and Scrutiny Board addressed Cabinet advising that whilst there were no formal recommendations from the recent meeting of the Overview and Scrutiny Board that comments had been raised requesting that BCP Council consider having aspirations to classify more land as heathland with land abutting heathland being designated as recreational use.

Councillors addressed Cabinet raising the issue of planning permissions close to heathlands and in relation to this highlighted the strict regulations. A Councillor questioned the difference between restrictions relating to residential colleges and university managed student accommodation and associated concerns.

The Portfolio Holder advised that the issues raised relating to student accommodation would be taken to Dorset for further discussion.

RECOMMENDED that:-

(a)            Cabinet recommends that Council adopts the Dorset Heathlands Planning Framework 2020-2025 Supplementary Planning Document; and

(b)           any minor changes to the consultation document are delegated to the Director of Growth and Infrastructure in liaison with the Portfolio Holder for Strategic Planning. 

Voting: Unanimous

Portfolio Holder: Strategic Planning

The Bournemouth, Christchurch & Poole Capital Investment Strategy (Non -Treasury) 2019-2022 (CIS) was approved by the Shadow Authority Executive Committee on 12 February 2019 prior to the creation of BCP Council on 1 April 2019.

The revised strategy has been updated to reflect the new Corporate Strategy and investment ambition of Bournemouth Christchurch and Poole (BCP) Council.

The strategy sets out the basis by which the Council wishes to assemble and hold a portfolio of investments assets that reflect its values and priorities in order to;

·           promote the financial health of the organisation by generating a target return across the portfolio;

·           make a positive contribution to the current or future delivery of services, in terms of scope, quality or cost;

·           contribute towards a Sustainable Environment;

·           deliver socio-economic benefits to the town; and/or

·           create Dynamic Places through strategic regeneration or redevelopment opportunities.

It provides a means of developing alternative sources of income to offset cuts to Council spending arising as a consequence of the Government’s austerity programme and to provide a degree of protection to frontline services.

The CIS approved by the Shadow Authority referenced not only investment assets but other legacy authority assets which generated an income such as finance leases and ground rents, however these will fall within the business as usual estate management remit of the Council and will be managed in accordance with the BCP Council Corporate Asset Management Plan.

The investment portfolio has therefore been realigned to consist of only the key assets acquired or held solely for investment purposes and includes legacy Bournemouth, Christchurch & Poole assets and it is appropriate to provide an updated financial projection.

A financial appraisal attached in Appendix B focuses on the current position in relation to the two largest multi-tenanted investments within the portfolio, Mallard Road Retail Park and Wessex Trade Centre.

RESOLVED that:-

(a)          the Capital Investment Strategy (Non-Treasury) 2020-2025 attached to the Report at Appendix A be approved; and

(b)          Cabinet delegate authority to the Corporate Property Officer to make minor amendments to the Capital Investment Strategy (Non-Treasury) 2020-2025 in consultation with the Cabinet Members for Regeneration & Culture, and Finance.

Voting: Unanimous

Portfolio Holder(s): Finance

                               Regeneration and Culture

Reasons

The purchase of investment assets assists with the management of sound finances and increases the Council asset base, providing a legacy for future generations.

It is appropriate that this Strategy is refreshed to ensure it aligns with the new BCP Council Corporate Strategy and reflects the current investment ambitions of the organisation.

The Portfolio Holder for Finance presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'F' to these Minutes in the Minute Book.

Cabinet were requested to consider approval of the Capital Investment Strategy which had been refreshed to ensure it aligns with the new BCP Council Corporate Strategy and reflects the current investment ambitions of the organisation.

In presenting the report the Portfolio Holder highlighted amendments to the proposed recommendations which were hoped would address some of the concerns which had been raised.

The Vice Chairman of the Overview and Scrutiny Board addressed Cabinet advising that at their recent meeting the Overview and Scrutiny Board had requested that Cabinet consider amending paragraph 2.3.3 of Appendix A to remove all text following the end of the first sentence ‘In making an investment decision, the Council will take a balanced portfolio approach’.

In relation to the comments from the Overview and Scrutiny Board the Portfolio Holder stressed that the balanced portfolio approach would still be a responsible investment. The Portfolio Holder requested the below amendment prior to approval, that an additional paragraph be included at 2.1.9 to read:

“2.1.9 Further to the stated priorities, be exception, opportunities which may not fulfil all of these criteria may be brought forward for consideration by the Investment Panel where they otherwise reflect the values and priorities of the Council’s Corporate Strategy”

RESOLVED that:-

(a)           Subject to the inclusion of paragraph 2.1.9 as set out in the minutes above the Capital Investment Strategy (Non-Treasury) 2020-2025 attached to the Report at Appendix A be approved; and

(b)           Cabinet delegate authority to the Corporate Property Officer to make minor amendments to the Capital Investment Strategy (Non-Treasury) 2020-2025 in consultation with the Cabinet Members for Regeneration & Culture, and Finance.

Voting: Unanimous

Portfolio Holder: Finance

There are over 2,500 hectares of open space within the combined BCP area. Of this, a significant percentage is grassland which requires some form of management, depending on location, use or designation (e.g. highway verge, sports pitches or conservation areas)

The type of area managed, and the method used influences a number of factors including the time and resources required and the sustainability of the operations.

At present, there are a number of different methods used across BCP. This is largely influenced by the type of area being maintained, however there can be variations in the approach to these methods between historic authorities, for example, differences in the frequency of cutting highway verges.

A consistent approach to grass management is required throughout Bournemouth, Christchurch and Poole.  Financial pressures and the Council’s declaration of a climate and ecological emergency will require the development of policies and practices that recognise and address these factors in front line operations.

Future policy will aim to increase biodiversity and carbon capture through the promotion of sustainable land management

RESOLVED that:-

(a)           the development of a long-term BCP Council policy on grass management, taking into account financial and environmental impacts and public expectations be endorsed;

(b)           Cabinet supported recommendations in order to ensure that grass management practices are sustainable and contribute to the Council’s declaration to become carbon neutral by 2030;

(c)           Cabinet supported trials to determine best practice and feasibility of grass management methods;  and

(d)           the implementation of procedures that have the potential to increase biodiversity and carbon capture was endorsed.

Voting: Unanimous

Portfolio Holder: Environment and Climate Change

Reasons

To recommend a range of procedural and operational changes throughout BCP Council’s open spaces that have the potential to reduce our Carbon footprint, increase carbon capture and increase biodiversity, by promoting changes in grass cutting, wildflower meadow development and grassland habitat management. This being in line with the Council Climate Change and Ecological Emergency Action Plan.

The Portfolio Holder for Environment and Climate Change presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'G' to these Minutes in the Minute Book.

Cabinet were requested to consider a range of procedural and operational changes throughout BCP Councils open spaces that had the potential to reduce our Carbon footprint, increase carbon capture and increase biodiversity, by promoting changes in grass cutting, wildflower meadow development and grassland habitat management. This being in line with the Council Climate Change and Ecological Emergency Action Plan.

A Councillor addressed Cabinet requesting that consideration be given to increasing the width of the mowed paths.

A number of Councillors spoke in support of the report highlighting the ecological benefits and stressing the importance of communications to explain why some grass is left to grow long.

RESOLVED that:-

(a)           the development of a long-term BCP Council policy on grass management, taking into account financial and environmental impacts and public expectations be endorsed;

(b)           Cabinet supported recommendations in order to ensure that grass management practices are sustainable and contribute to the Council’s declaration to become carbon neutral by 2030;

(c)           Cabinet supported trials to determine best practice and feasibility of grass management methods;  and

(d)           the implementation of procedures that have the potential to increase biodiversity and carbon capture was endorsed.

Voting: Unanimous

Portfolio Holder: Environment and Climate Change

Street-based anti-social behaviour, such as begging, street drinking and discarded needles, has a visible impact on the appearance of, and feelings of safety, in our Town Centres.  To date, there have been slightly different approaches to tackling these issues across the preceeding authorities.

With the introduction of Community Safety Accredited Officers into Poole Town Centre there is an opportunity to harmonise our approach based on a balance of enforcement and support.  Using legal tools and powers where necessary but also through better engagement, ensuring there are referral pathways into support organisations.  This would require that the Council consults public, businesses and partners on varying the conditions of the Public Spaces Protection Order in Poole.

RESOLVED that:-

(a)       BCP Council adopts a consistent approach to tackling street-based anti-social behaviour as detailed within paragraphs 16-24 of the Report;

(b)       The Director of Communities is authorised to undertake consultation on varying the Public Spaces Protection Order covering Poole Town Centre as set out in paragraphs 25-26 of the report; and

(c)       Cabinet considered the outcome of the consultation at a future meeting with a view to making recommendations in respect of the Public Spaces Protection Order in light of the consultation process.

Voting: Unanimous

Portfolio Holder: Tourism, Leisure and Communities

Reason

To implement a balanced approach which is fit for purpose for the whole of BCP, applying effective solutions to a complex issue which seeks a reduction of harmful behaviours that impact negatively on the wider community, whilst placing the needs of vulnerable people at its heart.

The Portfolio Holder for Tourism, Leisure and Communities presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'H' to these Minutes in the Minute Book.

Cabinet were requested to consider the implementation of a balanced approach which is fit for purpose for the whole of BCP, applying effective solutions to a complex issue which seeks a reduction of harmful behaviours that impact negatively on the wider community, whilst placing the needs of vulnerable people at its heart.

The Vice Chairman of the Overview and Scrutiny Board addressed Cabinet advising that at the recent meeting of the Overview and Scrutiny Board the Board resolved that Cabinet be recommended to amend paragraph 25 of the Cabinet report, in order that the final sentence reads:

‘It is proposed that specifically, consultation is undertaken with a view to removing clauses b) to c) but that clauses a), d), e), f) and g) would remain in force’

And that consultation on the variation of Public Spaces Protection Order, as outlined at recommendation 2 of the Cabinet report, is undertaken on the basis of the amendment.

Councillors present at the meeting addressed Cabinet indicating their support to the report, in addition a question was raised as to whether there is any possibility that lockers could be provided in order for the homeless to store their possessions.

In relation to the proposed amendment from the Overview and Scrutiny Board, Cabinet felt that it was better to consult on the broader areas rather than to reduce them.

In addition the Portfolio Holder advised that work is ongoing to try and find a location for lockers.

RESOLVED that:-

(a)      BCP Council adopts a consistent approach to tackling street-based anti-social behaviour as detailed within paragraphs 16-24 of the Report;

(b)     The Director of Communities is authorised to undertake consultation on varying the Public Spaces Protection Order covering Poole Town Centre as set out in paragraphs 25-26 of the report; and

(c)      Cabinet considered the outcome of the consultation at a future meeting with a view to making recommendations in respect of the Public Spaces Protection Order in light of the consultation process.

Voting: Unanimous

Portfolio Holder: Tourism, Leisure and Communities

This covering report asks the Cabinet to consider representations made in response to the advertisement of a number of Traffic Regulation Orders.

Additionally, Cabinet is asked to approve the sealing and advertisement of a number of other Traffic Regulation Orders.

The reports have been considered by the recent meeting of the Transportation Advisory Group.

It is RESOLVED that Cabinet:-

(a)           Confirms that permission be granted to create an order to record the unprotected footpath from James Road to Sheringham Road as a Public Right of Way as set out in the TRO report;

(b)           In relation to the Branksome Park and Canford Cliffs Residents Association Road Safety Petition approves:

                    i.        Acknowledgement of the petitioners concerns and they be advised that in the absence of any significant accident record in this area we could not justify any road safety engineering interventions at present;

                  ii.        Forwarding of the petitioners concerns to Dorset Roads Traffic Policing Unit for their consideration relating to speed enforcement;

                 iii.       Informing the petitioners that the Council will investigate and assess options to enhance pedestrian and cycle facilities in the area but that no funding has been identified for implementing this work; and

                 iv.       Advising the local resident group which submitted the petition that its bid for Community Infrastructure Levy (CIL) Neighbourhood Portion funding is to be considered alongside all other similar bids received and a decision on potential funding will be made in due course.

(c)           Approves the advertisement of Traffic Regulation Orders as set out in TRO sub-report A;

(d)           Approves the advertisement of changes to on-street disabled bays as set out in the TRO sub-report B;

(e)           In relation to the Anti-Idling Outside Primary Schools Campaign appoves:

                    i.        an Anti-Idling Campaign be undertaken at a small number of primary schools using allocated DEFRA funding;

                  ii.        appropriate enforcement action be used but as a last resort;

                 iii.       should the campaign prove successful, it will be rolled out to additional schools across the BCP area in future years; and

                 iv.       that officer include information to schools about the carbon footprint of different types of transportation methods to educate parents on the impact of how journeys are made.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

Reason

To confirm and approve various Traffic Regulation Orders as set out within the individual reports.

The Portfolio Holder for Transport and Infrastructure presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'I' to these Minutes in the Minute Book.

Cabinet were requested to consider representations made in response to the advertisement of a number of Traffic Regulation Orders, and to approve the sealing and advertisement of a number of other Traffic Regulation Orders.

In relation to this Cabinet was advised that the contained reports had already been considered by the recent meeting of the Transportation Advisory Group.

It is RESOLVED that Cabinet:-

(a)           Confirms that permission be granted to create an order to record the unprotected footpath from James Road to Sheringham Road as a Public Right of Way as set out in the TRO report;

(b)           In relation to the Branksome Park and Canford Cliffs Residents Association Road Safety Petition approves:

                    i.        Acknowledgement of the petitioners concerns and they be advised that in the absence of any significant accident record in this area we could not justify any road safety engineering interventions at present;

                  ii.        Forwarding of the petitioners concerns to Dorset Roads Traffic Policing Unit for their consideration relating to speed enforcement;

                 iii.       Informing the petitioners that the Council will investigate and assess options to enhance pedestrian and cycle facilities in the area but that no funding has been identified for implementing this work; and

                 iv.       Advising the local resident group which submitted the petition that its bid for Community Infrastructure Levy (CIL) Neighbourhood Portion funding is to be considered alongside all other similar bids received and a decision on potential funding will be made in due course.

(c)           Approves the advertisement of Traffic Regulation Orders as set out in TRO sub-report A;

(d)           Approves the advertisement of changes to on-street disabled bays as set out in the TRO sub-report B;

(e)           In relation to the Anti-Idling Outside Primary Schools Campaign appoves:

                    i.        an Anti-Idling Campaign be undertaken at a small number of primary schools using allocated DEFRA funding;

                  ii.        appropriate enforcement action be used but as a last resort;

                 iii.       should the campaign prove successful, it will be rolled out to additional schools across the BCP area in future years; and

                 iv.       that officer include information to schools about the carbon footprint of different types of transportation methods to educate parents on the impact of how journeys are made.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

To ensure awareness of the arrangement whereby the Chief Executive as the BCP Gold Command Officer for COVID 19 will authorise any urgent expenditure required to mitigate the implications of the coronavirus.

To request Officers, undertake a fundamental review of the approved 2020/21 Budget to ensure it is best positioned to respond to the challenges which will now be faced by the council and its community.

RESOLVED that Cabinet:-

(a)          Note that the Chief Executive in his capacity as the Gold Command Officer for COVID 19 will authorise any urgent expenditure to support the Councils response to the coronavirus; and

(b)          Request that the Chief Finance Officer brings forward for Cabinet consideration a fundamental review of the 2020/21 Budget in response to the impact on the Councils finances of the coronavirus and the costs likely to be incurred in support of the most vulnerable within our community.

Voting: Unanimous

Portfolio Holder: Finance

Reason

The Council needs to ensure it has a robust and prudent strategy to manager the impact of Covid-19 on its financial sustainability.

The Section 151 Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix ‘J’ to these Minutes in the Minute Book.

Cabinet were requested to approve the report in order to ensure that the Council has a robust and prudent strategy to manage the impact of Covid-19 on its financial sustainability.

Councillors present at the meeting addressed Cabinet citing the need to ensure the Council helps those in our community, and that it was appropriate to review what the budget spend priorities are during this difficult time.

The Leader advised that regular meetings were being held and that new Government Guidance was being released regularly, and that it was intended that the Council would release updates every other day. Further to this the Leader advised that all departments were on critical incident processes.

RESOLVED that Cabinet:-

(a)           Note that the Chief Executive in his capacity as the Gold Command Officer for COVID 19 will authorise any urgent expenditure to support the Councils response to the coronavirus; and

(b)           Request that the Chief Finance Officer brings forward for Cabinet consideration a fundamental review of the 2020/21 Budget in response to the impact on the Councils finances of the coronavirus and the costs likely to be incurred in support of the most vulnerable within our community.

Voting: Unanimous

Portfolio Holder: Finance

To consider the latest version of the Cabinet Forward Plan for approval.

The Leader advised that the latest Cabinet Forward Plan had been published on the Council’s website.

In relation to the items of business appearing below, the Committee is asked to consider the following resolution: -

‘That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.’

RESOLVED that under Section 100 (A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.

Household kerbside recycling collection services across Bournemouth conurbation have been contracted to Urbaser Ltd since April 2016.

As part of contractual review discussions Urbaser Ltd have indicated that a consensual early termination of the contract is achievable.  All other waste collection services for BCP Council are in-house direct delivered.

The creation of BCP Council and the need for a single revised waste strategy finds this to be an expedient time to review collection methodology across the conurbation and understand the financial implications of the options put forward including in-house service delivery.

RESOLVED that:-

(a)          Subject to receipt of formal confirmation by Urbaser Ltd to cease pursuit of legal challenge against BCP Council for back costs pay claim.

Cabinet is asked to approve Option 2:

Option 2 - Termination of contract, bring the service in-house, and use prudential borrowing (approved for Priority Fleet Replacement Plan) to finance procurement of 8 new vehicles to support service delivery.

(b)         Cabinet is asked to note that a separate paper on implications of this decision on the approved Priority Fleet Replacement Plan will be brought to Council in June 2020.

Voting: Unanimous

Portfolio Holder: Climate Change & Environment

Reason

The refuse & recycling collection service is one of the main statutory activities carried out by the Council on behalf of its residents and businesses and directly impacts upon the lives and well-being of each member of the community on an on-going basis.

By taking the service in-house it will ensure that

a)    The service is safeguarded from failure, Urbaser Ltd have expressed a strong preference to ending the contract, are currently operating a failing fleet that is consequently requiring increasing levels of support from BCP Council.

b)    Removal of impending legal challenge and associated costs relating to a financial claim raised by Urbaser Ltd.

c)    BCP Council has direct control of its full waste collection operational services

d)    Increases the opportunity to incorporate the recycling service into existing round structures and explore earlier future rationalisation across BCP Council operating area.

e)    Prudential borrowing approach to financing fleet needs is in line with current BCP Council fleet financing & procurement methods and ensure a future sustainable replacement programme is achievable.

f)     Vehicles will fit standardised BCP Council fleet ensuring service continuity across all council areas and collection services.

g)    Vehicles to be serviced inhouse keeping resource with BCP Council.

This item was restricted by virtue of paragraph(s) 3 of Part 1 of Schedule 12A of the Local Government Act 1972.

The Portfolio Holder for Climate Change and Environment presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'K' to these Minutes in the Minute Book.

Cabinet were requested to consider the bringing in house of the recycling service. In relation to this Cabinet were advised that the creation of BCP Council and the need for a single revised waste strategy finds this to be an expedient time to review collection methodology across the conurbation and understand the financial implications of the options put forward.