Agenda, decisions and draft minutes

Cabinet
Wednesday, 24th June, 2020 10.00 am

Venue: Skype Meeting

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

Media

Items
No. Item

177.

Declarations of Interests

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.

Minutes:

There were no declarations of interest made on this occasion.

 

178.

Confirmation of Minutes pdf icon PDF 402 KB

To confirm and sign as a correct record the minutes of the Meeting held on 27 May 2020.

Minutes:

The Minutes of the Cabinet meeting held on 27 May 2020 were confirmed and signed as a correct record.

Voting: Unanimous

 

179.

Public Issues pdf icon PDF 403 KB

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 17 June 2020.

The deadline for the submission of a statement is 12.00 noon, Tuesday 23 June 2020.

The deadline for the submission of a petition is 12.00 noon, Tuesday 23 June 2020.

Additional documents:

Minutes:

The Leader advised that 14 public questions had been received all in relation to Agenda Item 5 (Recommendations from the Overview and Scrutiny Board, Mudeford Beach Café). The Leader advised that a copy of all 14 of the public questions and responses had been circulated to the Cabinet and had been published on the Councils website.

Further to this the Leader advised that 9 public statements had been received, 2 of which were again in relation to Agenda Item 5 (Recommendations from the Overview and Scrutiny Board, Mudeford Beach Café) and 7 in relation to Agenda Item 14 (Housing Scheme at Moorside Road, Bournemouth). The Leader further advised that copies of these statements had been circulated to the Cabinet and had been published on the Councils website.

In addition the Leader highlighted that a number of emails had been received in relation to Agenda Item 14, copies of which had been circulated to all Cabinet Members.

The Leader informed those present that the questions, statements and emails received would be taken into account when considering the respective Agenda Items.

Statements from Councillors not on the Cabinet

Two statements were submitted from Councillors not on the Cabinet on items contained within the agenda. Copies of these statements have been published on the Councils website.

 

180.

Recommendations from the Overview and Scrutiny Board

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

Decision:

RESOLVED that the Cabinet suspend their support for this process until it comes back in September following some work being done with the local residents and a review on the financial arrangements.

Voting: Unanimous

Portfolio Holder: Tourism, Leisure and Culture

Reason

In order to enable work to be carried out with local residents and for a review to be carried out on the financial arrangements.

 

Minutes:

Cabinet were advised that there was one recommendation from the Overview and Scrutiny Board on items not otherwise included on the Cabinet Agenda.

Mudeford Beach Café

The Chairman of the Overview and Scrutiny Board addressed Cabinet with regards to the background of the discussion at the recent meeting of the Board and further to this advised that the Board had made the following recommendation at their recent meeting:

The Overview and Scrutiny Board recommend that Cabinet pause its support of the project and reconsider its decision until such time as that the commercial rationale that underpins it be reviewed in light of the planning constraints that call into question the commercial viability of increased revenue originally projected.

The Leader thanked the Chairman of the Overview and Scrutiny Board for the Boards recommendation and referred to the questions and statements which had been received in relation to this item (as set out in Minute No. 179) further to this the Leader then read out a statement submitted from the Ward Councillor, Councillor Nigel Brooks (a copy of this statement as referred to in Minute No. 179 above has been published on the Councils website).

The Portfolio Holder for Tourism, Leisure and Communities addressed the Cabinet proposing that the project be paused pending further investigation and that a report be brought back to the September meeting of the Cabinet.

Cabinet spoke in support of the pause, and felt that the pause would enable further engagement with those who are concerned.

RESOLVED that the Cabinet suspend their support for this process until it comes back in September following some work being done with the local residents and a review on the financial arrangements.

Voting: Unanimous

 

181.

Update on BCP Council's response to the COVID-19 pandemic pdf icon PDF 285 KB

This report provides a further update to previous reports summarising the Council’s response to the Covid-19 pandemic, which were presented to Cabinet in April and May 2020

Minutes:

The Chief Exective 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.

The Chief Executive advised that this report provided a further update to previous reports summarising the Council’s response to the Covid-19 pandemic, which were presented to Cabinet in April and May 2020. In presenting the report the Chief Executive stressed that the situation was constantly moving, and that current work was working towards recovery and now included work around the recent changes to the lockdown rules announced the previous evening and effective from the 4 July which includes the reopening of the tourist and hospitality industry.

The Chairman of the Overview and Scrutiny Board addressed Cabinet advising that whilst there were no formal recommendations from the Board that the Board had started to hand over the responsibility of the Covid matters to the Health and Adult Social Care Overview and Scrutiny Committee and the Children’s Services Overview and Scrutiny Committees whose meetings were shortly due to recommence having been initially on hold. The Chairman did however stress that as the Overview and Scrutiny Board met monthly that should there be some business to be dealt with in between the dates of the other two Committees that the Board have offered to deal with this.

Cabinet Members provided an update in relation to the impact the Covid-19 pandemic was having within their Portfolio with emphasis on the work which was being carried out in terms of recovery. Thanks were expressed to the officers for their hard work.

Councillor Diana Butler addressed the Cabinet with the permission of the Leader and as a Ward Councillor in Creekmoor in respect of the Covid Testing Centre currently based within the Creekmoor Ward. Councillor Butler asked the Cabinet how long the testing centre would be situated in Creekmoor and whether there were figures available in terms of the number of tests which had been carried out and how many of those had tested positive for Covid-19. In addition Councillor Butler asked how long it would be before the whole Council would be involved in decision making rather than the Chief Executive taking decisions.

The Leader advised that the testing centre was likely to be in place for some months yet, and stressed that the centre was not run by the Council and nor did the Council have any involvement in its activities, and that it was run by the Department for Health and Social Care, and that as such the Council weren’t provided with figures in respect of the numbers that test positive at that site which collected data from other mobile sites, and that Public Health England hold figures which are available on their website.

With regards to decision making the Leader advised that the decisions taken by CIMT were operational decisions and that decisions which required full Council approval were still being taken by Council.

RESOLVED that the Council’s response to  ...  view the full minutes text for item 181.

182.

Organisational Design - Implementation & Budget pdf icon PDF 198 KB

Cabinet adopted our Organisational Design and Operating model as the basis of the BCP Council Transformation Strategy. Below is set out the results of the Market Pre-Engagement process, the estimated budget requirements for the implementation of the programme and the preferred procurement and contract structure for the partner/supplier relationship(s). Also recommended is a change in approach to the direction of travel agreed in February with regard to the Estates & Accommodation Strategy and the utilisation of Bournemouth Town Hall campus as the BCP Council Civic Centre and administrative hub.

Additional documents:

Decision:

RESOLVED that Cabinet:-

(a)          Note the feedback from the Pre-Engagement process with potential partners/suppliers;

(b)          Approve the Procurement approach and contract structure, including the capped Framework Limit;

(c)          Authorise the commencement of the procurement process and delegate authority to the Chief Executive to award the contract in consultation with the Leader and appropriate senior officers;

(d)          Approve the proposed governance including the establishment of a Cabinet Working Group to provide oversight of the programme;

(e)          Approve the funding proposals as set out in section 39 a to b of the report; and

(f)           Approve the acceleration of the adoption of Bournemouth Town Hall Campus as the BCP Council Civic Centre and administrative hub.

RECOMMENDED that Council:-

(g)          Approve the budget set out in Appendix 1b of the report; and

(h)          Approve the funding proposals as set out in section 38 a to c of the report.

Voting: Unanimous

Portfolio Holder: Leader

Reasons

To approve the budget and procurement approach required to successfully deliver the BCP Council Transformation Strategy adopted by Cabinet in November 2019 and to approve a short term shift in the Estates & Accommodation Strategy in light of the impact on ways of working by the Coronavirus/ Covid-19 crisis.

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 'B' to these Minutes in the Minute Book.

Cabinet were reminded that the Organisational Design and Operating model had previously been adopted as the basis of the BCP Council Transformation Strategy. In relation to this Cabinet were advised that the report set out the results of the Market Pre-Engagement process, the estimated budget requirements for the implementation of the programme and the preferred procurement and contract structure for the partner/supplier relationship(s). In addition to this Cabinet were advised that a change in approach to the direction of travel agreed in February with regard to the Estates & Accommodation Strategy and the utilisation of Bournemouth Town Hall campus as the BCP Council Civic Centre and administrative hub was also recommended.

In presenting the report the Leader advised that the use of technology and remote working had been accelerated due to Covid, and that it seemed logical to accelerate the move to the Town Hall and the sale of the Poole Civic Centre and the Christchurch Civic Offices.

The Chairman of the Overview and Scrutiny Board addressed Cabinet advising that at their recent meeting the Board resolved to make the following recommendations to Cabinet in respect of this item:

1.    The Overview and Scrutiny Board recommend to Cabinet that more detail be sought in relation to option b as the preferred choice of contract structure/procurement, recognising the lack of detail in this report regarding the cost of this process and the parameters of success.

2.    The Overview and Scrutiny Board ask Cabinet for an urgent review into the Council’s Capital Receipts Strategy to ensure that value to the tax payer is maximised. In particular the Board asks Cabinet to consider opportunities to increase value through consideration of completing planning applications or Council development on relevant sites before disposing of assets piecemeal.

The Leader thanked the Board for their recommendations and advised that as there is now more time in between the Overview and Scrutiny Board meeting and the Cabinet meeting that it had enabled more detailed discussion of the recommendations from the Board to take place. This has also enabled officers and relevant Portfolio Holders to discuss and consider the recommendations and their impact, and for a briefing note to be prepared to further assist the Cabinet in making their decision. Further to this the Leader advised that the briefing notes prepared for the Cabinet would be published on the Councils website following the Cabinet meeting.

In respect of the Boards recommendations the Leader advised that she understood the concerns with regards to a fire sale, and that assets wouldn’t be sold at below value. Further to this the Leader advised that having a delay in the process would be short-sighted.

Cabinet Members spoke in support of the Recommendations contained within the report.

RESOLVED that Cabinet:-

a)            Note the feedback from the Pre-Engagement process with potential partners/suppliers;  ...  view the full minutes text for item 182.

183.

Bistro on the Beach Redevelopment pdf icon PDF 750 KB

To deliver a new year-round destination visitor attraction and local amenities on Southbourne beach featuring:

  • Fully accessible public lift from cliff top car park to promenade with viewing & interpretation point
  • New restaurant with external dining terrace
  • New public toilets and beach office
  • 16 Beach Lodges offering short stay holiday accommodation
  • Spa treatment room facility for Beach Lodge guests

 

Delivery will be subject to securing planning consent.

 

The scheme would be funded via prudential borrowing over 25 years, repaid from new net income from the development.

 

Three options have been considered:

  1. Comprehensive redevelopment (recommended): Results in a budget surplus
  2. Do nothing: a budget pressure
  3. Demolition and less comprehensive scheme (kiosk and beach huts): a budget pressure

 

Option of repair to existing facility has been discounted following structural review.

Additional documents:

Minutes:

The Portfolio Holder for Tourism, Leisure and Culture 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 that the purpose of the report was to help deliver a new year-round destination visitor attraction and local amenities on Southbourne beach featuring:

·         Fully accessible public lift from cliff top car park to promenade with viewing & interpretation point

·         New restaurant with external dining terrace

·         New public toilets and beach office

·         16 Beach Lodges offering short stay holiday accommodation

  • Spa treatment room facility for Beach Lodge guests

Further to this Cabinet were advised that delivery would be subject to securing planning consent, and that the scheme would be funded via prudential borrowing over 25 years, repaid from new net income from the development.

In addition to this Cabinet were informed that three options had been considered:

1.    Comprehensive redevelopment (recommended): Results in a budget surplus

2.    Do nothing: a budget pressure

  1. Demolition and less comprehensive scheme (kiosk and beach huts): a budget pressure

And that the option of repair to existing facility has been discounted following structural review.

RECOMMENDED that Full Council are asked to approve full redevelopment scheme option 1, to be funded via prudential borrowing.

Voting: Unanimous

Portfolio Holder: Tourism, Leisure and Communities

 

184.

Covid-19 - 2020/21 Budget Monitoring Report – June 2020 pdf icon PDF 519 KB

The report sets out the latest financial forecast for the impact of Covid-19 on the £283 million 2020/21 budget and how it is to be managed.

The government has provided £22 million of emergency funding to cover projected additional costs and lost income of £52.3 million in the general fund with a resulting funding gap of £30.3 million.  The report includes a range of measures introduced to reduce expenditure which is not being incurred in support of the pandemic. This includes temporary adjustments to services, continuing the vacancy freeze, bringing forward transformation savings and delaying projects. At this stage the residual gap would also need to be supported by the reprioritisation of reserves.

There is still considerable uncertainty regarding the duration, impact and level of government support for the pandemic. The position will therefore need to be kept under constant review. Lobbying of Government will need to continue as it is not acceptable that the council should bear significant budget pressures as a result of the pandemic and full financial support should be provided as originally announced. If successful, this would enable us to release for their intended purposes the resources earmarked to reduce the projected funding gap.

The report also reflects on the potential impact of Covid-19 on the capital programme and ring-fenced Housing Revenue Account (HRA), with the actions required to balance the account.

Appendices A to C include the year end forecasts for the general fund revenue budget, medium term financial plan (MTFP) and capital programme.

Additional documents:

Decision:

RESOLVED that Cabinet:-

(a)          Note the progress in the development of the budget mitigation strategy as a result of Covid-19 pressures; and

(b)          Continue to lobby Government for additional funding to reduce the projected budget gap caused by the outbreak. 

Voting: Unanimous

Portfolio Holder: Finance

Reason

The council has embedded sound financial and risk management protocols as well as a culture of scenario and options appraisal. This culture is needed now more than ever with the greater level of uncertainty arising from the pandemic.

The scale of income loss in 2020/21 is projected to be so significant as to threaten the financial viability of the council and concerted action must be taken to reduce expenditure to rebalance the budget.

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 'D' to these Minutes in the Minute Book.

Cabinet were advised that the report set out the latest financial forecast for the impact of Covid-19 on the £283 million 2020/21 budget and how it is to be managed.

In relation to this Cabinet were informed that there was still considerable uncertainty regarding the duration, impact and level of government support for the pandemic, and that the position would therefore need to be kept under constant review. Further to this Cabinet were advised that lobbying of Government would need to continue as it was felt that it was not acceptable that the council should bear significant budget pressures as a result of the pandemic and full financial support should be provided as originally announced.

The Chairman of the Overview and Scrutiny Board addressed Cabinet advising of the concerns that the Overview and Scrutiny Board raised at their recent meeting that the usual budget process and Member involvement wasn’t happening, and that as a consequence at their recent meeting the Board resolved to make the following recommendation to Cabinet in respect of this item:

The Overview and Scrutiny Board is surprised and disappointed that such a substantial rebase of the budget for the Council is not being put before all elected Councillors for their consideration and approval. This includes Cabinet, where the recommendation on the Cabinet Paper reads that the proposed £30m of savings should be “noted”, not even approved. Therefore, the Overview and Scrutiny Board recommend to Cabinet that the revised budget as outlined in the Cabinet report be put before Full Council in the normal fashion for a budget decision.

(Copies of the briefing notes including officers and Portfolio Holder comments on the Boards recommendations which had been circulated to Cabinet Members prior to the meeting in order to assist with decision making will be published on the Councils website following the meeting).

Councillor Mohan Iyengar addressed the Cabinet with the permission of the Leader. Councillor Iyengar praised senior officers and those involved in closing the budget gap of more 10%, in relation to this Councillor Iyengar highlighted that there were three types of cuts these being, permanent cuts in the cost base, activities and costs which have reduced this year but will come back again next year and cost deferrals which have been deferred from this year but will add to next year’s costs. Councillor Iyengar expressed concerns with regards to the lack of strategic drive of the budget with areas missing such as Mental Health, Schools and things around eco-friendly energy. In closing Councillor Iyengar urged Cabinet not to lose the strategic direction that BCP needs at this time.

Cabinet Members spoke in support of the recommendations within the report highlighting the importance of maintaining flexibility in the budget at this time, and stressing the difficulty with continuously refer the budget back  ...  view the full minutes text for item 184.

185.

Towns Fund pdf icon PDF 455 KB

BCP Council has been invited to develop a Town Deal, as part of an MHCLG £3.6 billion Towns Fund. 

A key requirement of the Towns Fund is to adopt a governance structure which engages stakeholders, oversees the development of the Town Investment Plan and determines how funding will be spent. Boscombe Strategic Towns Fund Board will meet every 4-8 weeks and, in accordance with the MHCLG guidance is made up of public and private sector partners and chaired by Jeff Mostyn (Chairman of AFC Bournemouth).

The Towns Fund Board, will agree the Vision, Aims and Project Deliverables that will be included in the Town Investment Plan to be submitted to the MHCLG in October 2020.

 

Work has commenced on community consultation and the

production of a Master Plan for the central Boscombe area.

 

Together with work now being undertaken by the Delivery

Board and themed sub-groups, this will inform ambitious

capital and revenue projects, which will be partly funded by the

Towns Fund.

Additional documents:

Decision:

RESOLVED that the approach outlined in the report be approved enabling the Towns Fund Board to prepare a robust Town Investment Plan for Boscombe in a timely manner.

Voting: Unanimous

Portfolio Holder: Tourism, Leisure and Communities

Reason

The Towns Fund represents a considerable funding stream which can be used to unlock ambitious regeneration plans for this disadvantaged neighbourhood with considerable investment potential. The work will be funded by a grant already received by the MHCLG and enable a close working relationship to be

continued between the public and private sector.

 

Minutes:

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 'E' to these Minutes in the Minute Book.

Cabinet were advised that BCP Council has been invited to develop a Town Deal, as part of an MHCLG £3.6 billion Towns Fund, and that a key requirement of the Towns Fund is to adopt a governance structure which engages stakeholders, oversees the development of the Town Investment Plan and determines how funding will be spent. Boscombe Strategic Towns Fund Board will meet every 4-8 weeks and, in accordance with the MHCLG guidance is made up of public and private sector partners and chaired by Jeff Mostyn (Chairman of AFC Bournemouth).

Further to this Cabinet were advised that the Towns Fund Board, would agree the Vision, Aims and Project Deliverables that will be included in the Town Investment Plan to be submitted to the MHCLG in October 2020, and that work had commenced on community consultation and the production of Master Plan for the central Boscombe area. Together with work now being undertaken by the Delivery Board and themed sub-groups, this will inform ambitious capital and revenue projects, which will be partly funded by the Towns Fund.

Cabinet spoke in support of the recommendation highlighting the huge potential with the scheme.

RESOLVED that the approach outlined in the report be approved enabling the Towns Fund Board to prepare a robust Town Investment Plan for Boscombe in a timely manner.

Voting: Unanimous

Portfolio Holder: Tourism, Leisure and Communities

 

186.

Bournemouth Town Centre Vision (TCV): Durley Road Development – Approval of Additional Council Finance and Site Lease Value pdf icon PDF 404 KB

Bournemouth Borough Council Cabinet approved the outline development proposals for a residential scheme at the Durley Road Car park site (“Durley Road”) (the “Durley Road Scheme”) in October 2014.

Following a challenging design and planning phase The Bournemouth Development Company LLP (“BDC”) subsequently secured planning permission in January 2020 for 44 flats and associated parking on the site via an appeal.

Upon satisfaction of certain conditions precedent as set out in an option agreement dated 2011 between the Council and BDC (the “Option Agreement”), BDC has indicated its intention to exercise the rights previously granted in an option agreement entered into in 2011 to call for the grant of a 150-year development lease of the site to proceed with this development (the “Lease”).

The purpose of this report is to (i) seek approval for the Council to lend £950,000 to a development subsidiary of BDC to support delivery of the Durley Road Scheme (the “Subsidiary”), (ii) seek approval to the Site Lease Value and (iii) extend the option execute date from 24 January 2021 to 23 January 2023 to enable sufficient time to finalise the scheme and secure third party debt.

The sums to be advanced by the Council to the Subsidiary will be matched by its partner in BDC, a company within the group of Morgan Sindall Group plc (the “PSP”) and on substantively the same terms.  The funding will be provided as a loan.  The loan will not have a fixed repayment date, but will become repayable:

(i)             after all third party funding (together with interest) for the Durley Road scheme has been repaid; and

(ii)            subject to sufficient receipt of sales proceeds in respect of the units within the scheme.

A funding chart for illustrative purposes is set out in the confidential Appendix B.

Under the terms of the Option Agreement, the parties must agree the value of the Lease (the “Site Lease Value”) and the Council must satisfy itself that it has achieved best value reasonably obtainable under Section 123 of the Local Government Act 1972.

The outbreak of the Novel Coronavirus (COVID-19), declared by the World Health Organisation as a “Global Pandemic” on 11 March 2020, has impacted global financial markets and market activity is being impacted in many sectors.

The short to medium term impact of COVID-19 on the residential market sector is unclear at this stage. The impact on the market and valuations will be constantly reviewed and considered as part of the due diligence still to be undertaken prior to completion.

Additional documents:

Decision:

RESOLVED that:-

(a)         the request for up to a further £950,000 by way of a subordinated secured loan (“Additional Council Finance”) for the Durley Road Scheme be approved;

(b)         the grant of the Lease of Durley Road to the relevant development subsidiary of BDC for a Site Lease Value of a minimum of £250,000 in return for a loan note issued in a sum equal to the Site Lease Value be approved;

(c)         the change to the “Option Execute Date” to be within 3 years after the date of planning consent be agreed;

(d)         an update to the MTFP in 2021/22 to include £48,000 per annum (plus interest) for the Minimum Revenue Provision (MRP) associated with recommendations a and b be approved;

(e)         BDC be approved to enter into the required contracts for the development;

(f)          the Corporate Property Officer be authorised in consultation with the Council’s Section 151 and Monitoring Officer to agree the detailed provisions of the legal documentation, including and not limited to the lease and the loan agreements;

(g)         the Section 151 Officer be authorised in consultation with the Portfolio Holder for Finance to determine and agree with BDC the terms of the Additional Council Finance;

(h)         an update to the MTFP be approved in 2021/22 for the net loss £42,800 of car park income arising out of the redevelopment of Durley Road; and

(i)           an amendment to the Capital Programme be approved to include the provision of Additional Council Finance in a sum of up to £950,000.

Voting: Unanimous

Portfolio Holder: Regeneration and Culture

Reason

To enable this residential-led regeneration scheme to go ahead, helping to deliver high quality homes, and increased footfall in Bournemouth Town Centre.

To contribute to the Council’s Corporate vision, specifically helping to create dynamic places, investing in the homes our communities need and revitalising and re-inventing our high streets and local centres.

The proposals take note of the HM Treasury consultation document; Public Works Loan Board: future lending terms dated March 2020.

Minutes:

The Portfolio Holder for Regeneration and Culture 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 reminded that Bournemouth Borough Council Cabinet had approved the outline development proposals for a residential scheme at the Durley Road Car park site (“Durley Road”) (the “Durley Road Scheme”) in October 2014, and that further to this following a challenging design and planning phase The Bournemouth Development Company LLP had subsequently secured planning permission in January 2020 for44 flats and associated parking on the site via appeal.

In respect of this Cabinet were advised that the purpose of this report was to (i) seek approval for the Council to lend £950,000 to a development subsidiary of BDC to support delivery of the Durley Road Scheme (the “Subsidiary”), (ii) seek approval to the Site Lease Value and (iii) extend the option execute date from 24 January 2021 to 23 January 2023 to enable sufficient time to finalise the scheme and secure third party debt.

Cabinet were informed that this decision would enable this residential-led regeneration scheme to go ahead, helping to deliver high quality homes, and increased footfall in Bournemouth Town Centre.

The Chairman of the Overview and Scrutiny Board addressed Cabinet advising that at their recent meeting the Board resolved to make the following recommendations to Cabinet in respect of this item:

The Overview and Scrutiny Board recommend to Cabinet that Cabinet does not agree Recommendations a, b, c, e or g as outlined in the report and that it amends recommendation d as follows:

“In line with the legal requirement under Section 123 of the Local Government Act 1972 to achieve best value for the Council Taxpayer, Cabinet offers a 150 year lease on the land for sale in the open market. Potential bidders must recognize they will be required to implement the planning permission already granted on the site including payments in accordance with the S106 agreement in place.”

In addition to this the Chairman of the Overview and Scrutiny Board in formed Cabinet that there had also been a request from a Ward Councillor that paragraph 19 of the report be amended to read as follows:

“This development is located within the Westbourne & West Cliff Ward. The Ward Councillors have been consulted and recognise that this site fallswithin the BDC option agreement. Having now obtained a planning consent it is necessary for BDC to follow the process and seek the necessary approvals as outlined in this Cabinet report. The Ward Councillors share the concerns raised by local residents during the planning consultation process relating in particular to the loss of car parking provision.”

The Leader thanked the Chairman of the Overview and Scrutiny Board for their recommendations and advised that copies of the briefing notes including officers and Portfolio Holder comments on the Boards recommendations which had been circulated to Cabinet Members  ...  view the full minutes text for item 186.

187.

Convert Bournemouth Learning Centre building into a school pdf icon PDF 286 KB

The number of children and young people assessed as requiring a place at a specialist education provision in the BCP area has increased in recent years.  Local provision to meet these needs is of high quality, but capacity has not been expanded sufficiently to meet this additional demand.  As a result, increased use has had to be made of local Independent and Non-Maintained special schools which are comparatively expensive and often located outside of the BCP area.  The result of this has been significant pressure on the school Transport budget.  

 

In partnership with the BCP community of schools, a range of proposals have been developed to increase capacity and create new provision to meet the needs of these pupils.  These will both deliver savings and ensure appropriate provision is available to meet needs closer to where children and young people live.  Proposed projects were considered and agreed by Cabinet on the 22/4/20.  The Children’s Capital Strategy was agreed by Cabinet 27/5/20, it identified additional projects / pressures not included in the draft Strategy but which may also require funding in the future; this included converting the Bournemouth Learning Centre (BLC) building into a school [and engaging an externa provider to operate the school].  This paper requests that funds are released to meet the cost of converting the BLC into a school.  Resources are available to support this investment from existing DfE ring-fenced grant allocations for this purpose.

 

Additional documents:

Decision:

RESOLVED that:-

(a)         the proposal to convert the Bournemouth Learning Centre building into a school in order to create additional capacity to meet the assessed educational needs of children and young people in BCP be approved;

(b)         the allocation of £0.5m Basic Need Grant funding to support the delivery of this proposal be approved; and

(c)         the Corporate Property Officer (in consultation with the Corporate Director, Chief Finance Officer and Monitoring Officer) be delegated authority to take the necessary steps to recover possession of the BLC from third parties currently occupying part of the Bournemouth Learning Centre.

RECOMMENDED that Council:-

(d)          approve the disposal of the Bournemouth Learning Centre [through a lease to an external provider] at an undervalue of up to £700k, subject to the education provider’s significant change process and site acquisition being agreed, and delegate authority to the Corporate Property Officer to agree the terms and enter into the lease, subject to education provider’s significant change process being agreed.

Voting: Unanimous

Portfolio Holder: Children and Families

Reason

To enable the creation of additional capacity to meet the assessed educational needs of children and young people and reduce pressure on the High Needs Budget.

Minutes:

The Portfolio Holder for Children and Families 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 advised that the number of children and young people assessed as requiring a place at a specialist education provision in the BCP area has increased in recent years, and that local provision to meet these needs is of high quality, but capacity has not been expanded sufficiently to meet this additional demand.  As a result, increased use has had to be made of local Independent and Non-Maintained special schools which are comparatively expensive and often located outside of the BCP area.  The result of this has been significant pressure on the school Transport budget.  

Further to this Cabinet were advised that in partnership with the BCP community of schools, a range of proposals have been developed to increase capacity and create new provision to meet the needs of these pupils.  These will both deliver savings and ensure appropriate provision is available to meet needs closer to where children and young people live.  Proposed projects were considered and agreed by Cabinet on the 22/4/20.  The Children’s Capital Strategy was agreed by Cabinet 27/5/20, it identified additional projects / pressures not included in the draft Strategy but which may also require funding in the future; this included converting the Bournemouth Learning Centre (BLC) building into a school [and engaging an externa provider to operate the school].  This paper requests that funds are released to meet the cost of converting the BLC into a school.  Resources are available to support this investment from existing DfE ring-fenced grant allocations for this purpose.

In closing the Portfolio Holder advised that this decision would enable the creation of additional capacity to meet the assessed educational needs of children and young people and reduce pressure on the High Needs Budget.

Cabinet Members spoke in support of the scheme stressing the importance of the additional provision.

RESOLVED that:-

(a)         the proposal to convert the Bournemouth Learning Centre building into a school in order to create additional capacity to meet the assessed educational needs of children and young people in BCP be approved;

(b)         the allocation of £0.5m Basic Need Grant funding to support the delivery of this proposal be approved; and

(c)         the Corporate Property Officer (in consultation with the Corporate Director, Chief Finance Officer and Monitoring Officer) be delegated authority to take the necessary steps to recover possession of the BLC from third parties currently occupying part of the Bournemouth Learning Centre.

RECOMMENDED that Council:-

(d)          approve the disposal of the Bournemouth Learning Centre [through a lease to an external provider] at an undervalue of up to £700k, subject to the education provider’s significant change process and site acquisition being agreed, and delegate authority to the Corporate Property Officer to agree the terms and enter into the lease, subject to education provider’s significant change process being agreed.

Voting: Unanimous  ...  view the full minutes text for item 187.

188.

Housing Scheme at Templeman House, Leedham Road, Bournemouth pdf icon PDF 452 KB

The BCP owned site contains a care home of 41 bedrooms, which was managed by Care South, who have surrendered the lease and vacated the property.  The property is currently secured pending redevelopment.

The current proposal presents a new build Council Housing scheme of 27 x one and two bed apartments and associated parking to be provided on the site.  These homes will help towards imminent new Local Plan housing targets and will also contribute significantly to unmet housing need by delivering Council homes at social rents.

 

Additional documents:

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 'H' to these Minutes in the Minute Book.

Cabinet were informed that the BCP owned site contains a care home of 41 bedrooms, which was managed by Care South, who have surrendered the lease and vacated the property, and that the property was currently secured pending redevelopment.

In relation to this Cabinet were advised that the current proposal presents a new build Council Housing scheme of 27 x one and two bed apartments and associated parking to be provided on the site, and that these homes will help towards imminent new Local Plan housing targets and will also contribute significantly to unmet housing need by delivering Council homes at social rents.

RECOMMENDED that the proposed £6.467m housing scheme be approved for progression to Council for subsequent approval request to:

(a)          Approve to tender, commencement and completion of build subjectto the conditions set out in the Financial Strategy and authorises the Corporate Director for Environment and Community to approve necessary appropriations and contractual and legal agreements in consultation with the Monitoring Officer and Chief Finance Officer;

(b)          Approve the financial strategy for the scheme as set out in paragraphs 30 to 45 with specific approval for:

                                          i.   The appropriation of land from the General Fund to the Housing Revenue Account (HRA) to enable the development of the Council housing valued at £900k.

                                         ii.    £1.330m of prudential borrowing to be repaid over 25 years used to finance the Housing Revenue Account (HRA) social rented homes.

                                       iii.   The capping of rental income to Social Rent levels.

(c)          Authorise the Section 151 Officer in consultation with the Portfolio Holder for Finance to determine the detailed funding arrangements.

(d)          Authorise the Corporate Property Officer in consultation with the Monitoring Officer to agree the detailed contract provisions.

 

189.

Housing Scheme at Moorside Road, Bournemouth pdf icon PDF 282 KB

The land at Moorside Road is owned by BCP Council and held for housing purposes and laid out and maintained as open space. The playground was closed as part of the Playground Strategy which was adopted by Bournemouth Borough Council in 2009.  

The current proposal presents a Council Housing new build scheme of 14 four-bedroom homes and associated parking.  These homes will help towards Local Plan housing targets and will contribute significantly to unmet housing need.

Planning permission for the scheme was granted in April 2018 subject to the stopping up of footpath U45. Following the Public Inquiry which was held on 10th March 2020, the Planning Inspectors decision dated 19th March 2020 confirmed the Stopping Up Order for public footpath U45.

 

Additional documents:

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 'I' to these Minutes in the Minute Book.

Cabinet were informed that the land at Moorside Road is owned by BCP Council and held for housing purposes and laid out and maintained as open space. The playground was closed as part of the Playground Strategy which was adopted by Bournemouth Borough Council in 2009.  

In relation to this Cabinet were advised that the current proposal presents a Council Housing new build scheme of 14 four-bedroom homes and associated parking, and that these homes will help towards Local Plan housing targets and will contribute significantly to unmet housing need.

Further to this Cabinet were informed that Planning permission for the scheme was had been granted in April 2018 subject to the stopping up of footpath U45, and that following the Public Inquiry which was held on 10th March 2020, the Planning Inspectors decision dated 19th March 2020 confirmed the Stopping Up Order for public footpath U45.

In presenting the report the Portfolio Holder advised that the Ward should be amended to ‘Kinson’ and not ‘Kinson South’, and further to this referred to the statements and emails which had been received in relation to this item (as set out in Minute No. 179).

RECOMMENDED that the proposed £4.452m housing scheme be approved for progression to Council for subsequent approval request:

(a)         Approval to commence and completion of build subject to the conditions set out in the Financial Strategy and authorises the Corporate Director for Environment and Community to approve necessary contractual and legal agreements in consultation with the Monitoring Officer and Chief Finance Officer;

(b)         Approve the financial strategy for the scheme as set out in paragraphs 23 to 33 of the report with specific approval for;

                 i.       £2,322,300 of prudential borrowing to be repaid over 25 years used to finance the Housing Revenue Account (HRA) Affordable rented homes.

(c)         Authorise the Section 151 Officer in consultation with the Portfolio Holder for Finance to determine the detailed funding arrangements.

Voting: Unanimous

Portfolio Holder: Housing

190.

Traffic Regulation Orders and Traffic Calming – Advertisement of Traffic Regulation Orders and Traffic Calming Measures for the Local Transport Plan Programme pdf icon PDF 232 KB

To approve the advertisement of changes to the Traffic Regulations Order (TRO) and to approve the advertisement of vertical traffic calming as requested by council officers.

Additional documents:

Decision:

RESOLVED that the changes outlined the appendix to the report be advertised and implemented if no objections are received.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

Reason

To implement new restrictions for the delivery of the council’s Local Transport Plans Active Travel & Travel Safety Measures projects, and to improve road safety.

Minutes:

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 'J' to these Minutes in the Minute Book.

Cabinet were requested to approve the advertisement of changes to the Traffic Regulations Order (TRO) and to approve the advertisement of vertical traffic calming as requested by council officers.

RESOLVED that the changes outlined the appendix to the report be advertised and implemented if no objections are received.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

 

191.

Traffic Regulation Orders – Sealing of Traffic Regulation Order Ref P19 2019 pdf icon PDF 241 KB

To consider representations following the advertisement of the Traffic Regulation Order for P19 2019 Disabled Bay Proposals

Decision:

RESOLVED that the order is confirmed and sealed as detailed in Appendix 1 of the report.

Voting: Unanimous

Reason

To approve the making and sealing of the Traffic Regulation Order (TRO) so that new on-street disabled bays and changes to existing on-street disabled bays can be implemented.

Minutes:

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 'K' to these Minutes in the Minute Book.

Cabinet were requested to consider representations following the advertisement of the Traffic Regulation Orders for P19 2019 Disabled Bay Proposals.

RESOLVED that the order is confirmed and sealed as detailed in Appendix 1 of the report.

Voting: Unanimous

 

192.

Traffic Regulation Orders – Advertisement of Changes to On-Street Disabled Bays (Ref P3 2020) pdf icon PDF 215 KB

To approve the advertisement of changes to the Traffic Regulations Order (TRO) implementing changes to on-street disabled bays.

Additional documents:

Decision:

RESOLVED that the changes outlined in the appendix to the report are to be advertised and implemented if no objections are received

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

Reason

To advertise new proposed restrictions to amend existing and implement new disabled bays. All the requests meet the criteria for the provision or removal of disabled bays within the Bournemouth and Christchurch areas.

 

Minutes:

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 'L' to these Minutes in the Minute Book.

Cabinet were requested to approve the advertisement of changes to the Traffic Regulations Order (TRO) implementing changes to on-street disabled bays.

RESOLVED that the changes outlined in the appendix to the report are to be advertised and implemented if no objections are received

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

 

In closing the Traffic Regulation Order items the Leader informed the Cabinet that in accordance with the Constitution she had recently approved a delegation, delegating to the Chief Executive the authority to deal with some Traffic Regulation Orders relating to Phase 1 of the Covid related Department for Transport Emergency Active Travel Grant in consultation with herself and the Portfolio Holder for Transport and Infrastructure.

 

193.

Bournemouth Development Company (BDC) - Changes to Members Agreement pdf icon PDF 268 KB

BCP Council is one of two members of the Bournemouth Development Company LLP (BDC).  The Council wishes to make changes to the BDC’s Members Agreement in relation to a) its board members and b) its voting rights.  It is required in the Members Agreement that the Council’s Cabinet approve any changes, before they are considered by the BDC Board.

Decision:

RESOLVED that:-

(a)          The variation of the Bournemouth Development Company (BDC) Members’ Agreement to allow the Council representatives to act by a majority rather than by a unanimous vote when they are exercising the Council’s vote as a member of BDC; that

(b)          The variation of the Members’ Agreement to require the appointment of three Council representatives and to provide that one of these Council representative is nominated by an opposition group; and that

(c)          Cabinet delegates authority to agree the detailed wording of these changes and to enter into the legal agreement to effect those changes (subject to approval of the other parties to the Members’ Agreement as may be required) to the Chief Executive in liaison with the Council’s Monitoring Officer.

Voting: Unanimous

Portfolio Holder: Regeneration and Culture

Reason

The proposed changes are in the best interests of BCP Council and its residents and ensures that the BDC can continue to progress schemes in an efficient manner.

The Members Agreement requires Cabinet approval before any changes are considered by the BDC Board.

Minutes:

The Portfolio Holder for Regeneration and Culture 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 advised that BCP Council is one of two members of the Bournemouth Development Company LLP (BDC), and that in relation to this the Council wished to make changes to the BDC’s Members Agreement in relation to a) its board members and b) its voting rights.  Further to this Cabinet were informed that it is required in the Members Agreement that the Council’s Cabinet approve any changes, before they are considered by the BDC Board.

RESOLVED that:-

(a)          The variation of the Bournemouth Development Company (BDC) Members’ Agreement to allow the Council representatives to act by a majority rather than by a unanimous vote when they are exercising the Council’s vote as a member of BDC; that

(b)          The variation of the Members’ Agreement to require the appointment of three Council representatives and to provide that one of these Council representative is nominated by an opposition group; and that

(c)           Cabinet delegates authority to agree the detailed wording of these changes and to enter into the legal agreement to effect those changes (subject to approval of the other parties to the Members’ Agreement as may be required) to the Chief Executive in liaison with the Council’s Monitoring Officer.

Voting: Unanimous

Portfolio Holder: Regeneration and Culture

 

194.

Exclusion of Press and Public

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.’

Minutes:

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.

 

195.

Disposal of land at Southbourne Crossroads

Southbourne Crossroads has been declared surplus and was marketed for sale. This report seeks agreement of the sale price.

Minutes:

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

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 advised that Southbourne Crossroads has been declared surplus and was marketed for sale, and that the report sought agreement of the sale price.

196.

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, and that requests had been made asking officers to register items to be added to the Forward Plan even if the meeting date is not yet known to ensure that Members and particularly the Overview and Scrutiny Board can see in advance what items are coming forwards.