Agenda, decisions and draft minutes

Cabinet
Wednesday, 9th October, 2019 10.00 am

Venue: Committee Suite, Civic Centre, Poole BH15 2RU. View directions

Contact: Sarah Culwick (01202 795273)  Email: democratic.services@bcpcouncil.gov.uk

Media

Items
No. Item

56.

Apologies

To receive any apologies for absence from Councillors.

Minutes:

Apologies were received from Councillor Andy Hadley and Councillor Lesley Dedman.

 

57.

Declarations of Interests

Councillors are required to comply with the requirements of the Localism Act 2011 and the Council's Code of Conduct regarding Disclosable Pecuniary Interests.

Councillors are also required to disclose any other interests where a Councillor is a member of an external body or organisation where that membership involves a position of control or significant influence, including bodies to which the Council has made the appointment in line with the Council's Code of Conduct.

Declarations received will be reported at the meeting.

Minutes:

Councillor M Phipps declared a non-pecuniary interest in relation to Minute No. 71 (Community Governance Review for Throop and Holdenhurst – Draft Recommendations for Consultation) as Chairman of Hurn Parish Council and refrained from voting on the item.

Councillor Dr F Rice declared a non-pecuniary interest in relation to Minute 67 (Transforming Cities Fund (TCF) including Local Cycling & Walking Infrastructure Plan (LCWIP)) and remained present for the discussion and voting thereon.

58.

Confirmation of Minutes

To confirm and sign as a correct record the minutes of the Meeting held on 30 September 2019.

Minutes:

The Minutes of the Cabinet meeting held on 30 September 2019 were confirmed as a correct record and signed.

 

59.

Public Issues

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 2 October 2019.

The deadline for the submission of a statement is 12.00 noon, Tuesday 8 October 2019.

The deadline for the submission of a petition is 12.00 noon, Tuesday 8 October 2019.

Minutes:

The Leader reported that two public questions had been submitted, and one statement.

Public Question from

BCP Council’s Climate Emergency statement pledges ‘to make BCP Council and its operations carbon neutral by 2030, and work with the wider community to look at how early the BCP region can be made carbon neutral ahead of the UK target of 2050’.

Notwithstanding encouragement for individuals to use alternative means of transport, surely it is time for the council to admit that the hospital re-configuration plans, bringing as they will, over 200,000 additional car journeys across the area, do not sit alongside such necessary and ambitious environmental targets. Is the council willing to prioritise the welfare of BCP residents and the climate emergency over the CCG plans, as it is apparent that both are not compatible?

Response by Councillor Dr Felicity Rice (Portfolio Holder for Environment and Climate Change)

The Council’s Climate and Ecological Emergency Declaration commits us to ‘Work with partners, businesses and the wider community to investigate, make recommendations and set a target date for how early the Bournemouth, Christchurch and Poole region can be made carbon neutral, ahead of the UK target of 2050.’ To help achieve this joint working, the report asks Cabinet to consider the setting up of a Leadership Board, consisting of major stakeholder organisations that will have a significant role in reducing the area’s carbon emissions. If this is agreed, we would invite health partners, including hospitals, to take up membership on this Board so that they can work with the Council and other partners towards achieving a carbon neutral region before 2050. This will allow full discussion of transport options and other matters for everyone in the whole region. Regarding the hospital transport it is the CCG that is responsible for the hospital reconfigurations and not BCP Council, however we have recently met with the Chief Executive and the Chief Operating Officers from the hospital to specifically discuss their travel plan for staff.

Public Question from Susan Chapman

I am questioning the word "None"  in number 30,  "Summary of Equality Implications"   of the  BCP Public Report  "Response to Climate Change Emergency".   

30 years of global climate inaction will impose huge so-far hidden and disproportionate costs on both poorer members of society as well as subsequent generations.  How will this societal and inter-generational inequity be addressed please?

Response by Councillor Dr Felicity Rice (Portfolio Holder for Environment and Climate Change)

This report cannot directly address inequalities suffered by global communities across the preceding decades. The ‘none’ in question refers to the potential negative impacts from report recommendations, identified for the protected characteristics in the Equality Act 2010. If the report is approved then the actions that are taken as a consequence of the groups that are set up will indeed have a very significant impact.

Statement from Joan Richards

Climate Change is the defining issue of our age and life on Earth is facing unparalleled challenges on a variety of fronts which are not  ...  view the full minutes text for item 59.

60.

Response to Climate Change Emergency pdf icon PDF 335 KB

The purpose of the report is to set up arrangements to facilitate the development of a Climate Emergency action plan to be considered by Council in December 2019. 

Decision:

RESOLVED that Cabinet supports the course of action set out in this report, namely:-

(a)           Formation of a governance structure, and servicing to cost £20k, to include:

                     i)        Cabinet to establish a cross-party working group, to provide oversight and guidance on the development and implementation of an action plan. To be chaired by the Portfolio-Holder and report back to Cabinet;

                   ii)        Zero Carbon Council Steering Group of officers to guide work on the Council’s own 2030 target;

                  iii)        Zero Carbon Place Leadership Board of stakeholders to guide work on the pre-2050 target;

                 iv)        that the Council produce an annual Green Credentials Report, which may be considered by Cabinet and Overview and Scrutiny to monitor the Council’s performance against targets in this respect; and

(b)           Launch of behavioural change programme for BCP Council Members and staff, including Zero Carbon Support Officer, at a cost of £53k

Voting: Unanimous

Portfolio Holder: Environment and Climate Change

 

Minutes:

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 'A' to these Minutes in the Minute Book.

Cabinet were requested to support the proposed arrangements to facilitate the development of a Climate Emergency action plan to be considered by Council in December 2019.

A Member of the Overview and Scrutiny Board reported that the Board at its recent meeting recommended that an additional recommendation be included under (a) iv that the Council produce an annual Green Credentials Report, which may be considered by Cabinet and Overview and Scrutiny to monitor the Council’s performance against targets in this respect.

RESOLVED that Cabinet supports the course of action set out in this report, namely:-

(a)           Formation of a governance structure, and servicing to cost £20k, to include:

                     i)        Cabinet to establish a cross-party working group, to provide oversight and guidance on the development and implementation of an action plan. To be chaired by the Portfolio-Holder and report back to Cabinet;

                   ii)        Zero Carbon Council Steering Group of officers to guide work on the Council’s own 2030 target;

                  iii)        Zero Carbon Place Leadership Board of stakeholders to guide work on the pre-2050 target;

                 iv)        that the Council produce an annual Green Credentials Report, which may be considered by Cabinet and Overview and Scrutiny to monitor the Council’s performance against targets in this respect; and

(b)           Launch of behavioural change programme for BCP Council Members and staff, including Zero Carbon Support Officer, at a cost of £53k

Voting: Unanimous

Portfolio Holder: Environment and Climate Change

 

61.

Discretionary Licensing pdf icon PDF 361 KB

This report seeks approval to launch a public consultation on the potential introduction of two Discretionary Licensing Schemes within the BCP area. The proposals include both Selective and Additional Licensing designations.

Discretionary Licensing schemes were introduced by the Housing Act 2004. Their purpose is to tackle problems relating to issues of crime, anti-social behaviour, poor property conditions and deprivation in areas where there is a significant private rented sector.

There are two forms of Discretionary Licensing; Additional

Licensing and Selective Licensing;

·       Additional Licensing - the licencing of Houses of Multiple Occupation falling outside of the Mandatory Licensing definition

·       Selective Licensing – the licensing of units of PRS accommodation within a defined area

The Housing Act 2004 sets specific criteria by way of conditions which must be met in order designate Discretionary Licensing schemes. The evidence within the report identifies that issues such as anti-social behaviour, crime, deprivation and poor housing conditions are prevalent in areas where significant amounts of private rented accommodation are present, and that these conditions have been met.

Targeted Enforcement was introduced in October 2017 in Boscombe, Eastcliff and Springbourne and has been partly effective in addressing poor housing conditions and anti-social behaviour. However, continual regulation in the form of Discretionary Licensing are likely to be significantly more impactive. The proposals set out in this report will help to address those issues and provide an important opportunity to secure lasting and impactive change in the proposed areas.

Consultation is a legal requirement and must take place before a designation can be made. Consultation should include local residents, tenants, landlords and managing agents, as well as members of the community who live in or operate businesses or services in the designated area who will beaffected. It is proposed to launch a public consultation to consider the proposals on 13January 2020 for a period of 12 weeks.

The report sets out the headline evidence and consultation plan for consideration.

A final analysis of the consultation will be produced and reported to Cabinet alongside a detailed options appraisal and recommendations following assessment.

Additional documents:

Decision:

RESOLVED that:-

(a)         The Cabinet approves the commencement of a public consultation of 12 weeks with residents, private sector landlords, businesses and other stakeholders on the potential to designate two Discretionary Licensing schemes;

i)                    an Additional Licensing scheme across Bournemouth, Christchurch and Poole

ii)                  a Selective Licensing scheme across the proposed designated area

(b)        The Cabinet delegates authority to the Portfolio Holder for Housing to approve on the consultation documents prior to publication.

(c)       The Cabinet receives a further report detailing the outcome of the public consultation and recommendations regarding the potential implementation of Discretionary Licensing.

Voting: Unanimous

Portfolio Holder: Housing

 

Minutes:

The Portfolio Holder for Housing 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 approval was sought to launch a public consultation on the potential introduction of two Discretionary Licensing Schemes within the BCP area. The proposals include both Selective and Additional Licensing designations.

A Member of the Overview and Scrutiny Board reported that the Board had requested that prior to the consultation period associated with Discretionary Licensing further information on the success of targeted enforcement be considered by Cabinet to determine whether Discretionary Licensing as necessary.

A Councillor present at the meeting expressed the view that consultation was premature, and that the consultation carried out in 2017 came to the conclusion that it wouldn’t be carried forward. In relation to this Cabinet were advised that the Government at that time had introduced new legislation and were trying to address some of the issues particularly with regards to HMOs and that as such, a licensing scheme is now required for a lot more HMOS.

The Councillor felt that that process has not yet been completed, and that consultation now on Discretionary Licensing would mean that the consultation would be taking place before the HMO licences have been licensed properly, and that it wasn’t yet properly known what the effect of that new legislation was, and that this should be given a chance to operate first.

Cabinet Members spoke in support of the item, highlighting the positive impact that this would have particularly in respect of vulnerable people.

RESOLVED that:-

(a)         The Cabinet approves the commencement of a public consultation of 12 weeks with residents, private sector landlords, businesses and other stakeholders on the potential to designate two Discretionary Licensing schemes;

i)                    an Additional Licensing scheme across Bournemouth, Christchurch and Poole

ii)                  a Selective Licensing scheme across the proposed designated area

(b)        The Cabinet delegates authority to the Portfolio Holder for Housing to approve on the consultation documents prior to publication.

(c)       The Cabinet receives a further report detailing the outcome of the public consultation and recommendations regarding the potential implementation of Discretionary Licensing.

Voting: Unanimous

Portfolio Holder: Housing

 

62.

Revised policy and practice for unauthorised encampments pdf icon PDF 123 KB

To advise Cabinet of the variance in policy and practice for unauthorised encampments in Bournemouth, Christchurch and Poole, and recommend a way forward to develop a revised policy. 

Additional documents:

Decision:

RESOLVED that Cabinet establish a cross-party member working group, as outlined in para 27 to;

(a)            expediate actions as a matter of urgency in anticipation of incursions for summer 2020; and

(b)            consider the alignment of policies and procedures across the Council area and report back to Cabinet.

Voting: Unanimous

Portfolio Holder: Environment and Climate Change

 

Minutes:

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 'C' to these Minutes in the Minute Book.

Cabinet were advised of a variance in the policy and practice for unauthorised encampments in Bournemouth, Christchurch and Poole, and were requested to consider a way forward in order to develop a revised policy.

In presenting the report the Portfolio Holder for Environment and Climate Change advised that the cross-party member working group referred to in paragraph 27 of the report would comprise of 7 councillors.

A Member of Overview and Scrutiny advised that the Board at its recent meeting recommended that Cabinet establish a cross-party member working group as outlined in para 27, to;

1.              expediate actions as a matter of urgency in anticipation of incursions for summer 2020; and

2.               consider the alignment of policies and procedures across the council area and report back to Cabinet

Cabinet discussed the impact that incursions have across the BCP Council area and the impact it has on residents.

RESOLVED that Cabinet establish a cross-party member working group, as outlined in para 27 to;

(a)            expediate actions as a matter of urgency in anticipation of incursions for summer 2020; and

(b)            consider the alignment of policies and procedures across the Council area and report back to Cabinet.

Voting: Unanimous

Portfolio Holder: Environment and Climate Change

 

63.

Private Sector Housing Enforcement Policy pdf icon PDF 111 KB

This report seeks approval of the BCP Private Sector Housing Enforcement Policy in order for consistent regulation of housing conditions in the private rented sector be applied across Bournemouth, Christchurch and Poole.

There is a significant amount of legislation to support the regulation of housing conditions, which authorised officers can apply and enforce to ensure compliance and safeguard private sector housing tenants. This policy details the legislation and its application across BCP to include the decision process for formal and informal enforcement, risk assessments and relevant financial penalties.

The Private Sector Housing Enforcement Policy details the service and approach that the public and relevant parties should expect from the Council and what the Council expects from those with an interest in private rented accommodation. It details liability and the expected standards.

Additional documents:

Decision:

The Portfolio Holder for Housing 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 approval was sought of the BCP Council Private Sector Housing Enforcement Policy in order to enable consistent regulation of housing conditions in the private rented sector to be applied across Bournemouth, Christchurch and Poole.

In presenting the report the Portfolio Holder for Housing highlighted the need for there to be a consistent approach across the BCP Council area, and advised that this would be reviewed in two years time.

A Councillor present at the meeting expressed the view that the report ought to be renamed Housing Enforcement Policy as the background implied that it was an all-encompassing report rather than just the private sector, and that the policy should include all housing. In addition the view was expressed that the vast majority of tenants were happy.

Cabinet discussed the report highlighting the need to harmonise policies, and agreed that section 1 of the report should make reference to say that the majority of tenants are content, and that the majority of our landlords look after tenants. In addition Members felt that the service should be proactively promoted and tenants signposted to the service.

The Portfolio Holder for Housing advised that the report dealt with Private Sector Housing as there were other measures in place to monitor BCP Housing.

RESOLVED that Cabinet approve the adoption of the BCP Council Private Sector Housing Enforcement Policy for immediate implementation.

Voting: Unanimous

Portfolio Holder: Housing

 

Minutes:

The Portfolio Holder for Housing 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 approval was sought of the BCP Council Private Sector Housing Enforcement Policy in order to enable consistent regulation of housing conditions in the private rented sector to be applied across Bournemouth, Christchurch and Poole.

In presenting the report the Portfolio Holder for Housing highlighted the need for there to be a consistent approach across the BCP Council area, and advised that this would be reviewed in two years time.

A Councillor present at the meeting expressed the view that the report ought to be renamed Housing Enforcement Policy as the background implied that it was an all-encompassing report rather than just the private sector, and that the policy should include all housing. In addition the view was expressed that the vast majority of tenants were happy.

Cabinet discussed the report highlighting the need to harmonise policies, and agreed that section 1 of the report should make reference to say that the majority of tenants are content, and that the majority of our landlords look after tenants. In addition Members felt that the service should be proactively promoted and tenants signposted to the service.

The Portfolio Holder for Housing advised that the report dealt with Private Sector Housing as there were other measures in place to monitor BCP Housing.

RESOLVED that Cabinet approve the adoption of the BCP Council Private Sector Housing Enforcement Policy for immediate implementation.

Voting: Unanimous

Portfolio Holder: Housing

 

64.

BCP Housing Strategy – approval to consult pdf icon PDF 157 KB

To inform Cabinet of the proposed approach and timetable to develop a new BCP Housing Strategy which will detail the current and anticipated future housing issues, setting out the strategic priorities and action plan to address local issues.

Decision:

The Portfolio Holder for Housing 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 informed of the proposed approach and timetable to develop a new BCP Council Housing Strategy which would detail the current and anticipated future housing issues and set out the strategic priorities and action plan to address local issues.

A Councillor present at the meeting confirmed their support for the item, and stressed the importance of dealing with what could be termed a housing emergency. In addition Cabinet were requested to consider reducing the timescale to progress this sooner.

Cabinet Members highlighted the impact on Officers who were currently rewriting every policy and strategy of the Council and stressed that it was important to be realistic with the timescales.

The Portfolio Holder for Housing highlighted the importance of having a thorough and well thought out strategy but appreciated the comments with regards to wanting to solve the housing crisis as soon as possible.

Members were advised that current policies would apply until the new single policy was adopted.

RESOLVED that the BCP Council Private Sector Housing Enforcement Policy be adopted for immediate implementation.

Voting: Unanimous

Portfolio Holder: Housing

 

Minutes:

The Portfolio Holder for Housing 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 informed of the proposed approach and timetable to develop a new BCP Council Housing Strategy which would detail the current and anticipated future housing issues and set out the strategic priorities and action plan to address local issues.

A Councillor present at the meeting confirmed their support for the item, and stressed the importance of dealing with what could be termed a housing emergency. In addition Cabinet were requested to consider reducing the timescale to progress this sooner.

Cabinet Members highlighted the impact on Officers who were currently rewriting every policy and strategy of the Council and stressed that it was important to be realistic with the timescales.

The Portfolio Holder for Housing highlighted the importance of having a thorough and well thought out strategy but appreciated the comments with regards to wanting to solve the housing crisis as soon as possible.

Members were advised that current policies would apply until the new single policy was adopted.

RESOLVED that the BCP Council Private Sector Housing Enforcement Policy be adopted for immediate implementation.

Voting: Unanimous

Portfolio Holder: Housing

 

65.

Housing Delivery Test Action Plan pdf icon PDF 101 KB

Cabinet are asked to agree the publication of the BCP Housing Delivery Test (HDT) Action Plan which is required by national policy. Locally across the BCP area, the need for additional homes is recognised in the legacy Housing Strategies and adopted Local Plans.

An HDT Action Plan is required where delivery falls below 95% of local housing requirements. The 2018 HDT results (published in February 2019) were assessed against housing requirements for the preceding Bournemouth, Christchurch and Poole Councils where each area fell below the 95% benchmark. The Action Plan must set out measures the Council will take to increase delivery back to required rates. Given Local Government Reorganisation, a consolidated action plan for BCP Council is proposed to be published.

Officers across Growth & Infrastructure and Housing have worked collaboratively to produce this Action Plan. The timeframe for the Action Plan covers the period 2019 to 2022 to allow for the various actions to be implemented. A 3-year time period will also provide the Council with resilience for future HDT results, which are likely to remain a challenge to meet in the short term.

The Action Plan will be monitored via a Steering Group jointly led by Growth & Infrastructure and Housing including input from the Portfolio Holders of Strategic Planning and Housing. It is envisaged that an update on progress will be reported to Cabinet on an annual basis. Within BCP Council, sufficient staff resources will be applied to deliver this programme.

Additional documents:

Decision:

The Portfolio Holders for Strategic Planning and Housing 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 agreeing the publication of the BCP Council Housing Delivery Test (HDT) Action Plan which is required by national policy. In relation to this Cabinet were advised that locally across the BCP Council area, the need for additional homes is recognised in the legacy Housing Strategies and adopted Local Plans.

Further to this Cabinet were advised that an HDT Action Plan was required where delivery falls below 95% of local housing requirements, and that the 2018 HDT results (published in February 2019) were assessed against housing requirements for the preceding Bournemouth, Christchurch and Poole Councils where each area fell below the 95% benchmark.

Cabinet were advised that the Action Plan must set out measures the Council will take to increase delivery back to required rates.

In presenting the report the Portfolio Holder for Strategic Planning advised that on page 181 paragraph 4.12 the reference to Christchurch Town Council in relation to Roeshot Hill Allotments should be amended to read Highcliff and Walkford Parish Council, and that the housing on page 165 paragraph 2.4 the housing figure of 722 should be amended to read 730.

A Member of the Overview and Scrutiny Board advised Cabinet that at their recent meeting the Board had supported the item, but had discussed the action plan, and whether there were enough short sharp actions which could be achieved by using what we know.

A Councillor present at the meeting congratulated the author of the report for writing a first class report.

RESOLVED that the work undertaken to date be endorsed and the Action Plan at Appendix 1 of the report be published.

Voting: Unanimous

Portfolio Holders: Strategic Planning

Housing

 

Minutes:

The Portfolio Holders for Strategic Planning and Housing 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 agreeing the publication of the BCP Council Housing Delivery Test (HDT) Action Plan which is required by national policy. In relation to this Cabinet were advised that locally across the BCP Council area, the need for additional homes is recognised in the legacy Housing Strategies and adopted Local Plans.

Further to this Cabinet were advised that an HDT Action Plan was required where delivery falls below 95% of local housing requirements, and that the 2018 HDT results (published in February 2019) were assessed against housing requirements for the preceding Bournemouth, Christchurch and Poole Councils where each area fell below the 95% benchmark.

Cabinet were advised that the Action Plan must set out measures the Council will take to increase delivery back to required rates.

In presenting the report the Portfolio Holder for Strategic Planning advised that on page 181 paragraph 4.12 the reference to Christchurch Town Council in relation to Roeshot Hill Allotments should be amended to read Highcliff and Walkford Parish Council, and that the housing on page 165 paragraph 2.4 the housing figure of 722 should be amended to read 730.

A Member of the Overview and Scrutiny Board advised Cabinet that at their recent meeting the Board had supported the item, but had discussed the action plan, and whether there were enough short sharp actions which could be achieved by using what we know.

A Councillor present at the meeting congratulated the author of the report for writing a first class report.

RESOLVED that the work undertaken to date be endorsed and the Action Plan at Appendix 1 of the report be published.

Voting: Unanimous

Portfolio Holders: Strategic Planning

Housing

 

66.

BCP Council Strategic Car Parking Review pdf icon PDF 240 KB

Before BCP Council was formed parking across Poole, Bournemouth and Christchurch was managed by four separate councils with individual corporate and service plans and objectives:

                 i.          On-street and off-street in Poole by Borough of Poole

                ii.          On-street and off-street in Bournemouth by Bournemouth Borough Council

              iii.          On street in Christchurch by Dorset County Council

              iv.          Off-street in Christchurch by Christchurch and East Dorset District Council

It is proposed that a BCP Council Strategic Parking Review is undertaken to form a new single strategy for the provision (availability), operation, pricing and enforcement for parking across the highway network and car parks.

 

Decision:

The Portfolio Holder for Strategic Housing presented a report on behalf of the Portfolio Holder for Transport and Infrastructure, 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 asked to consider approval for a Strategic Parking Review to be undertaken in order to form a new single strategy for the provision (availability), operation, pricing and enforcement for parking across the highway network and car parks.

A Member of the Overview and Scrutiny Board advised Cabinet that at their recent meeting the Board requested that consideration be given to that the Steering group include a member of the Overview and Scrutiny Board. In relation to this Cabinet were advised that this would help provide constructive and regular challenge throughout the process.

A Councillor present at the meeting requested that electric charging points be included in the study.

Members were advised that the Portfolio Holder for Environment and Climate Change would be included in the Steering group membership which should ensure that climate change was included within any discussion.

RESOLVED that:-

(a)         a Strategic Car Parking Review for BCP Council is undertaken; and

(b)        a steering group chaired by the Service Director for Growth and Infrastructure in consultation with the Cabinet members for Transport & Infrastructure and Strategic Planning be established to oversee the undertaking of the review.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

 

Minutes:

The Portfolio Holder for Strategic Housing presented a report on behalf of the Portfolio Holder for Transport and Infrastructure, 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 asked to consider approval for a Strategic Parking Review to be undertaken in order to form a new single strategy for the provision (availability), operation, pricing and enforcement for parking across the highway network and car parks.

A Member of the Overview and Scrutiny Board advised Cabinet that at their recent meeting the Board requested that consideration be given to that the Steering group include a member of the Overview and Scrutiny Board. In relation to this Cabinet were advised that this would help provide constructive and regular challenge throughout the process.

A Councillor present at the meeting requested that electric charging points be included in the study.

Members were advised that the Portfolio Holder for Environment and Climate Change would be included in the Steering group membership which should ensure that climate change was included within any discussion.

RESOLVED that:-

(a)         a Strategic Car Parking Review for BCP Council is undertaken; and

(b)        a steering group chaired by the Service Director for Growth and Infrastructure in consultation with the Cabinet members for Transport & Infrastructure and Strategic Planning be established to oversee the undertaking of the review.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

 

67.

Transforming Cities Fund (TCF) including Local Cycling & Walking Infrastructure Plan (LCWIP) Programme pdf icon PDF 3 MB

To inform Cabinet of progress to date regarding the DfT based TCF process and the required development of the BCP LCWIP. 

To seek delegated authority to the Director of Growth & Infrastructure and Director of Finance (Section 151 Officer) in consultation with the relevant Portfolio Holder to submit the Strategic Outline Business Case (SOBC) to the DfT with the aim of securing TCF funding.

To inform Cabinet of proposed next steps regarding both the TCF and LCWIP processes.

Additional documents:

Decision:

The Leader of the Council presented a report on behalf of the Portfolio Holder for Transport and Infrastructure, 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 informed of the progress to date regarding the Department for Transport (DfT) based Transforming Cities Fund (TCF) process and of the required development of the Local Cycling & Walking Infrastructure Plan (LCWIP).

In addition Cabinet were advised of the proposed next steps regarding both the TCF and LCWIP process.

A Member of the Overview and Scrutiny Board advised Cabinet that at their recent meeting the Board resolved that Cabinet be asked to reconsider the ‘low ask’ alternatives to ensure that the final ask genuinely contains the projects which will lead to the most effective modal shift for the conurbation.

In relation to this the Leader advised that this would be delegated to the PH and SD to look at req already gone to Directors. The Leader further advised that as well as lobbying local MPs a meeting had been held with the Health Secretary seeking his support for the bid.

RESOLVED that Cabinet:-

(a)            notes the progress to date regarding the Transforming Cities Fund (TCF) process and Local Cycling & Walking Infrastructure (LCWIP);

(b)            delegates authority to the Director of Growth and Infrastructure and Director of Finance (Section 151 Officer) in consultation with the Portfolio Holder for Transport and Infrastructure to submit a Strategic Outline Business Case (SOBC) to the Department for Transport (DfT);

(c)            approves the development of the programme contained within the SOBC submission to Full Business Case(s) detail utilising LTP

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

 

Minutes:

The Leader of the Council presented a report on behalf of the Portfolio Holder for Transport and Infrastructure, 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 informed of the progress to date regarding the Department for Transport (DfT) based Transforming Cities Fund (TCF) process and of the required development of the Local Cycling & Walking Infrastructure Plan (LCWIP).

In addition Cabinet were advised of the proposed next steps regarding both the TCF and LCWIP process.

A Member of the Overview and Scrutiny Board advised Cabinet that at their recent meeting the Board resolved that Cabinet be asked to reconsider the ‘low ask’ alternatives to ensure that the final ask genuinely contains the projects which will lead to the most effective modal shift for the conurbation.

In relation to this the Leader advised that this would be delegated to the PH and SD to look at req already gone to Directors. The Leader further advised that as well as lobbying local MPs a meeting had been held with the Health Secretary seeking his support for the bid.

RESOLVED that Cabinet:-

(a)            notes the progress to date regarding the Transforming Cities Fund (TCF) process and Local Cycling & Walking Infrastructure (LCWIP);

(b)            delegates authority to the Director of Growth and Infrastructure and Director of Finance (Section 151 Officer) in consultation with the Portfolio Holder for Transport and Infrastructure to submit a Strategic Outline Business Case (SOBC) to the Department for Transport (DfT);

(c)            approves the development of the programme contained within the SOBC submission to Full Business Case(s) detail utilising LTP

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

Councillor Dr F Rice declared a non-pecuniary interest in this item and remained present for the discussion and voting thereon.

 

68.

Traffic Regulation Orders (TRO) and Public Rights of Way (PRoW) cover report pdf icon PDF 27 KB

This covering report appends several individual requests for approval to advertise Traffic Regulation Orders and for consideration of Rights of Way issues.

Additional documents:

Decision:

The Leader of the Council on behalf of 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.

The report sought Cabinet approval to advertise a number of proposed Traffic Regulation Orders and requested consideration be given to a number of Rights of Way issues.

The Leader clarified that in respect of the removal of the disabled parking bays set out within the report, that these were bays which were situated outside of particular properties and which were no longer required, this could be for reasons including that the person may have moved or may no longer be a blue badge holder.

RESOLVED that:-

(a)            the Traffic Regulation Order as advertised in Danecourt Road as set out in TRO sub-report A be confirmed;

(b)            the order to revoke the disabled bay in Salterns Road as set out in TRO sub-report B be confirmed;

(c)            the Traffic Regulation Order as advertised in Lake Avenue as set out in TRO sub-report C be confirmed;

(d)            the Traffic Regulation Order as advertised in Lower Blandford Road as set out in TRO sub-report D be confirmed;

(e)            the creation of an order to record the section of Parkstone Heights that is currently unprotected path as a Bridleway as set out in PRoW sub-report E be approved;

(f)             the creation of an order to protect the path extending along Elgin Road as Public Bridleway as set out in PRoW sub-report F be approved; and

(g)            the creation of an order to protect the path from Cornelia Gardens to Kingsmill Road as a Public Bridleway as set out in PRoW sub-report G be approved.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

 

Minutes:

The Leader of the Council on behalf of 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.

The report sought Cabinet approval to advertise a number of proposed Traffic Regulation Orders and requested consideration be given to a number of Rights of Way issues.

The Leader clarified that in respect of the removal of the disabled parking bays set out within the report, that these were bays which were situated outside of particular properties and which were no longer required, this could be for reasons including that the person may have moved or may no longer be a blue badge holder.

RESOLVED that:-

(a)            the Traffic Regulation Order as advertised in Danecourt Road as set out in TRO sub-report A be confirmed;

(b)            the order to revoke the disabled bay in Salterns Road as set out in TRO sub-report B be confirmed;

(c)            the Traffic Regulation Order as advertised in Lake Avenue as set out in TRO sub-report C be confirmed;

(d)            the Traffic Regulation Order as advertised in Lower Blandford Road as set out in TRO sub-report D be confirmed;

(e)            the creation of an order to record the section of Parkstone Heights that is currently unprotected path as a Bridleway as set out in PRoW sub-report E be approved;

(f)             the creation of an order to protect the path extending along Elgin Road as Public Bridleway as set out in PRoW sub-report F be approved; and

(g)            the creation of an order to protect the path from Cornelia Gardens to Kingsmill Road as a Public Bridleway as set out in PRoW sub-report G be approved.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

 

69.

Poole Bay Beach Management Scheme pdf icon PDF 181 KB

Poole Bay Beach Management Scheme (BMS) is a project to provide coast protection to the coastal frontages of Poole and Bournemouth. Without the continuation of coast protection works, over the next 100 years, significant numbers of residential and commercial properties would be lost to erosion along with highways and supporting infrastructure. The potential adverse impact to the tourism economy and amenity benefit would be of a scale of local, regional and national importance.

The overall programme of works is being delivered in distinct phases between 2015 and 2040 with the total project cost estimated to be in the region of £50m. Funding of the project will include Flood Defence Grant in Aid (FDGiA) and a proportion through Partnership Funding from the Council.

The scheme commenced in 2015 with Phase 1 of the BMS being successfully led and delivered by Bournemouth Borough Council. This was funded through a Project Appraisal Report (PAR) as an Outline Business Case subsequently approved by the Environment Agency for Phase 1 of the project (2015/16 to 2019/20).

Cabinet is asked to approve the submission of the Outline Business Case to the Environment Agency for funding the coast protection works identified under Phase 2&3 combined between 2020/21 and 2030/31 as a continuation of the project. As BCP Council are a Local Authority Risk Management Authority there is no requirement for a subsequent Full Business Case for Phase 2&3 combined to be submitted due to the value of the Outline Business Case.

 

 

 

 

 

 

Minutes:

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 'J' to these Minutes in the Minute Book.

Cabinet were requested to consider the submission of the Outline Business Case to the Environment Agency for funding the coast protection works identified under Phase 2 & 3 combined between 2020/21 and 2030/31 as a continuation of the project.

In relation to this Cabinet were advised that as BCP Council are a Local Authority Risk Management Authority, that there is no requirement for a subsequent Full Business Case for Phase 2 & 3 combined to be submitted due to the value of the Outline Business Case.

RECOMMENDED that:-

(a)           The Council, as the Coast Protection Authority, submits to the Environment Agency the Outline Business Case for funding approval for the coast protection works identified under Phase 2&3 combined between 2020/21 and 2030/31; and

(b)           Provided the application for Flood Defence Grant in Aid (FDGiA) is successful, £3.3m between 2020/21 and 2026/27 be funded in conjunction with the EA’s forward capital programme from Council Resources.

Voting: Unanimous

Portfolio Holder: Environment and Climate Change

Cabinet adjourned at 12.05pm reconvening at 12.20pm

 

70.

BCP Council Street Works Permit Scheme pdf icon PDF 138 KB

BCP Council by 1 April 2020 must operate a Street Works Permit system in lieu of its existing noticing system. 

This report explains the difference between the systems and seeks approval to consult all statutory consultees on proposed Permit Conditions for a new BCP Council Street Works Permit Scheme.

Decision:

The (LEADER) 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 'K' to these Minutes in the Minute Book.

Cabinet were advised that the Department for Transport require that all Local Authorities introduce a Street Works Permit Scheme before April 2020, and that the approved conditions for such a scheme require consultation with statutory consultees. In respect of this Cabinet were requested to consider approval to consult all statutory consultees on proposed Permit Conditions for a new BCP Council Street Works Permit Scheme.

RESOLVED that consultation with all statutory consultees on a proposed BCP Street Works Permit Scheme be approved.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

 

Minutes:

The (LEADER) 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 'K' to these Minutes in the Minute Book.

Cabinet were advised that the Department for Transport require that all Local Authorities introduce a Street Works Permit Scheme before April 2020, and that the approved conditions for such a scheme require consultation with statutory consultees. In respect of this Cabinet were requested to consider approval to consult all statutory consultees on proposed Permit Conditions for a new BCP Council Street Works Permit Scheme.

RESOLVED that consultation with all statutory consultees on a proposed BCP Street Works Permit Scheme be approved.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

 

71.

Community Governance Review for Throop and Holdenhurst - Draft Recommendations for Consultation pdf icon PDF 165 KB

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 and the approval of the terms of reference and timetable.

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

Additional documents:

Minutes:

The Chairman of the Community Governance Review Task and Finish Group presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'L' to these Minutes in the Minute Book.

Cabinet were informed that 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. In relation to this Cabinet were reminded that the Council had commenced a review following the receipt of a valid community governance petition and the approval of the terms of reference and timetable, and that further to this Cabinet were now being asked to consider the draft recommendations of the Task and Finish Group and to make recommendations to Council.

The Portfolio Holder for Tourism, Leisure and Communities advised Cabinet of the process going forwards, and welcomed the engagement of the community,

RECOMMENDED that the Task and Finish Group Community Governance Review draft recommendations, as set out in the schedule within the report be approved for publication and consultation with local residents and other interested parties.

Voting: For: 7 Against:0 Abstentions 1.

Portfolio Holder: Tourism, Leisure and Communities

Councillor M Phipps declared a non-pecuniary interest in this item as Chairman of Hurn Parish Council and abstained from voting.

72.

Medium Term Financial Plan Update Report pdf icon PDF 274 KB

This report;

 

·      Presents the work done in refreshing the Medium Term Financial Plan (MTFP) following the Government’s 2019 Spending Round and the fundamental annual refresh undertaken at the end of August 2019.

 

·      Presents the progress made towards delivering a balanced budget for 2020/21 and highlights the key financial risks faced by the Council.

 

·      Sets out the progress in respect of the disaggregation of the 31 March 2019 Balance Sheet of the former Dorset County Council.

 

Provides details of the grants made available by Government to support the potential costs falling to the Council following the decision of the United Kingdom to leave the European Union.

Additional documents:

Decision:

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 'M' to these Minutes in the Minute Book.

Cabinet were informed of the work which had been carried out to refresh the Medium Term Financial Plan (MTFP) following the Government’s 2019 spending round and the fundamental annual refresh undertaken at the end of August 2019.

Further to this Cabinet were advised of the progress which had been made towards delivering a balanced budget for 2020/21 with the key financial risks faced by the Council being highlighted.

Cabinet were further informed of the progress in respect of the disaggregation of the 31 March 2019 Balance Sheet of the former Dorset County Council and provided with details of the grants made available by Government to support the potential costs falling to the Council following the decision of the United Kingdom to leave the European Union.

In presenting the report the Portfolio Holder for Finance highlighted the reduction of the funding gap from £15m to £7.7m, and the pressure on the budget over the forthcoming years. In addition Cabinet were informed of a typo within figure 1 on page 314 where the cumulative pressures column for 20/21 should read 23.2 and not 22.2.

A member of the Overview and Scrutiny Board on behalf of the Board expressed their thanks to the Portfolio Holder and the s151 officer.

RESOLVED that Cabinet note:-

(a)     That the gross MTFP funding gap over the three-year period to March 2023 has been revised to £23.9m;

(b)    That proposals have been formulated which close the funding gap for 2020/21 to £7.7m (from £15m); and

(c)     The need for Members and Officers 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 2020/21 can be set.

Voting: Unanimous

Portfolio Holder: Finance

 

Minutes:

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 'M' to these Minutes in the Minute Book.

Cabinet were informed of the work which had been carried out to refresh the Medium Term Financial Plan (MTFP) following the Government’s 2019 spending round and the fundamental annual refresh undertaken at the end of August 2019.

Further to this Cabinet were advised of the progress which had been made towards delivering a balanced budget for 2020/21 with the key financial risks faced by the Council being highlighted.

Cabinet were further informed of the progress in respect of the disaggregation of the 31 March 2019 Balance Sheet of the former Dorset County Council and provided with details of the grants made available by Government to support the potential costs falling to the Council following the decision of the United Kingdom to leave the European Union.

In presenting the report the Portfolio Holder for Finance highlighted the reduction of the funding gap from £15m to £7.7m, and the pressure on the budget over the forthcoming years. In addition Cabinet were informed of a typo within figure 1 on page 314 where the cumulative pressures column for 20/21 should read 23.2 and not 22.2.

A member of the Overview and Scrutiny Board on behalf of the Board expressed their thanks to the Portfolio Holder and the s151 officer.

RESOLVED that Cabinet note:-

(a)     That the gross MTFP funding gap over the three-year period to March 2023 has been revised to £23.9m;

(b)    That proposals have been formulated which close the funding gap for 2020/21 to £7.7m (from £15m); and

(c)     The need for Members and Officers 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 2020/21 can be set.

Voting: Unanimous

Portfolio Holder: Finance

 

73.

Equality and Diversity Policy pdf icon PDF 119 KB

BCP Council is required to meet certain responsibilities which are set out in the Public Sector Equality Duty of the Equality Act 2010.

 

A review of activity, process and procedure was undertaken in March ’19 to determine how well the Council was meeting this duty and how performance compared to the Equality Framework for Local Government (EFLG).

 

It was determined that the Council was meeting its legal duty and at the ‘achieving’ level of the framework.

 

The EFLG has been used to inform the development of a high-level, council wide equality & diversity action plan.

 

The action plan uses the criteria for achieving the ‘excellence’ level of the EFLG as a benchmark. It shows the Council has made good progress to date and proposes some next steps for action. Some of the headlines include:

·       The Council’s commitments to equality & diversity are embedded in the high-level priorities of the Corporate Strategy. This has been subject to wide stakeholder engagement over the summer.

·       An equality & diversity policy has been drafted and is attached for Member approval.

An internal Equality & Diversity Governance Framework is being implemented.

Additional documents:

Decision:

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

Cabinet were informed of the requirement for BCP Council to meet certain responsibilities set out in the Public Sector Equality Duty of the Equality Act, and in relation to this were requested to consider the draft Corporate Equality & Diversity Policy & Governance for approval, and to note the progress towards the development of a Corporate Equality Action Plan.

In presented the report the Leader advised of an agreed amendment in respect of p.335 Section 2 where it had been agreed to remove the wording ‘regardless of’. In addition Cabinet were advised that it was proposed that in relation to the Strategic Leadership Officer Group that some of the officers had been proposed to be removed as standing officers and would be invited to attend when necessary, and that the group was intended to include the Opposition Lead Member for Equalities.

In addition Cabinet expressed the view that the Council should not limit itself to the nine protected characteristics, and that other characteristics should be considered when appropriate.

RESOLVED that:-

(i)              the draft Corporate Equality & Diversity Policy & Governance Framework be approved; and

(ii)            the progress towards the development of a Corporate Equality Action Plan be noted.

Voting: Unanimous

Portfolio Holder: Leader of the Council

 

Minutes:

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

Cabinet were informed of the requirement for BCP Council to meet certain responsibilities set out in the Public Sector Equality Duty of the Equality Act, and in relation to this were requested to consider the draft Corporate Equality & Diversity Policy & Governance for approval, and to note the progress towards the development of a Corporate Equality Action Plan.

In presenting the report the Leader advised of an agreed amendment in respect of p.335 Section 2 where it had been agreed to remove the whole section from ‘Regardless of their…’. In addition Cabinet were advised that it was proposed that in relation to the Strategic Leadership Officer Group that some of the officers had been proposed to be removed as standing officers and would be invited to attend when necessary, and that the group was intended to include the Opposition Lead Member for Equalities.

In addition Cabinet expressed the view that the Council should not limit itself to the nine protected characteristics, and that other characteristics should be considered when appropriate.

RESOLVED that:-

(i)              the draft Corporate Equality & Diversity Policy & Governance Framework be approved; and

(ii)            the progress towards the development of a Corporate Equality Action Plan be noted.

Voting: Unanimous

Portfolio Holder: Leader of the Council

 

74.

BCP Council's Corporate Strategy pdf icon PDF 161 KB

The draft Corporate Strategy sets out the longer-term priorities, high level objectives and the Council’s commitments to equality and diversity. The draft Council Plan was agreed for wider engagement, and this took place between 5th August and 6th September 2019. It consisted of a range of public and partner events across the BCP area and a survey.

Overall the draft document was well received, and the high-level priorities were endorsed by those who gave feedback but there were also suggestions for improvement.

The draft Corporate Strategy has been revised in light of the feedback and a revised version is appended as Appendix B.

Additional documents:

Minutes:

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

Cabinet were requested to consider the draft Corporate Strategy which set out the longer-term priorities, high level objectives and the Council’s commitments to equality and diversity.

In presenting the report the Leader of the Council advised of the consultation which had taken place over the summer.

A Councillor present at the meeting expressed support for the report and urged that the Strategy be so clear that its self-explanatory.

Cabinet discussed the sustainable environment and concern was expressed that the strategy did not reference bio-diversity, in relation to this it was suggested that this could be included within the sustainable environment, and that the wording could be amended to read ‘tackle the climate and ecological emergency’. In relation to this it was suggested that any further wording amendments be delegated to the Chief Executive in consultation with the Leader.

RESOLVED that the summary of feedback from stakeholders be noted.

RECOMMENDED that the revised Corporate Strategy be adopted by Council and that any final wording amendments be delegated to the Chief Executive in consultation with the Leader before being submitted to the Council.

Voting: Unanimous

Portfolio Holder: Leader of the Council

 

75.

Cabinet Forward Plan

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

Minutes:

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

Further to this the Leader advised that the next meeting of the Cabinet would take place on the 13 November, as originally scheduled and that the Deputy Leader would be Chairing the meeting.

In closing the meeting a question was raised by a Member of the Overview and Scrutiny Board in attendance seeking clarification as to how the Overview and Scrutiny Board can highlight to Cabinet any other matters discussed at the Overview and Scrutiny Board which weren’t included within the Cabinet Agenda. In relation to this the Leader advised that a guidance note would be prepared and circulated to Members on the process to provide clarification.