Decisions

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

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

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

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

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

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

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

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

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

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

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

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

To approve the BCP Safeguarding Strategy

RESOLVED that having had due regard to the comments of the Overview and Scrutiny Committees as detailed in Appendix 2, the Corporate Safeguarding Strategy as attached at Appendix 1 to the report be approved.

Voting: Unanimous

Portfolio Holder: Leader of the Council

REASON

This is a key strategy. As BCP Council has both a statutory and moral duty to make appropriate arrangements to safeguard the welfare of children, young people and adults at risk of harm.

To review current position and consider and approve next steps

RESOLVED that Cabinet:-

(a)         Note that Phase 1.1 (of Phase 1), as previously agreed with DLEP, is progressing to meet the current programme and funding requirements;

(b)        Agree that Phase 1.2 (of Phase 1) will only progress to the boundary of the development site at this time, and not through the site as previously proposed;

(c)         Agree that Phase 2 will not progress at this stage, until the future use of the site is determined

(d)        Agree that a public consultation event is held in the coming months to consider views on how the site could be developed, including potential use of the site and access to and from it;

(e)         Use the information from the consultation to evolve the current master plan for the development site.

Voting: (a) and (b) : 8:1 (1 Abstention)

(c) – (f)  : Unanimous

Portfolio Holder(s): Regeneration

Transport and Infrastructure

REASON

The recommendations support the Council’s drive to respond to the climate emergency, to recognise that new roads induce further traffic, and to listen to the public’s concerns and take appropriate action. The recommendations also support the Council’s key priorities to encourage well-being, sustainability and investment.

Approval of interim arrangements for waste services within the Christchurch area of BCP from 1 April 2020

RESOLVED that:-

(a)         Christchurch’s waste & cleansing services are managed by BCP directly from 1 April 2020

(b)        An interim solution (Option 3) is introduced from 1 April 2020 where by BCP operate Christchurch’s waste & collection services in line with the current Dorset Council collection model, except for mixing glass with other dry recyclables in the recycling bin.

(c)         Officers are authorised to complete a strategic review of existing waste & cleansing services across BCP to develop our future waste strategy and uniform collection methodology in line with the Government’s Waste Strategy, ‘Our Waste, Our Resources: A strategy for England’ and subsequence legislation scheduled for 2023.

Voting: Unanimous

Portfolio Holder: Environment and Climate Change

REASON

From 1 April 2020, waste & cleansing services in Christchurch must continue with minimal disruption for residents.

It is therefore recommended to continue a fortnightly collection of residual waste, weekly collection of food waste and a fortnightly collection of garden waste. However, in line with recycling collections in Poole and Bournemouth, residents in Christchurch would present all mixed recycling (including glass) in their recycling bin for fortnightly collection rather than sorting glass in a separate kerbside box.

This collection methodology offers a simpler collection with fewer containers, less lifting and an enhanced recycling offer for Christchurch residents as additional materials such as foil and cartons can also be included in the recycling bin, aligning with the recycling service in Bournemouth and Poole. To ensure a smooth transition, the current Dorset Council operational staff will be transferred to BCP on 1 April 2020 and will continue to operate their current collection rounds.

This interim solution offers consistency, steps towards parity for Christchurch residents and future-proofs service delivery, allowing sufficient time for the development of the Government’s new waste strategy, subsequent consultations and legislation (requiring compliance by 2023), which will influence BCP’s local waste strategy and uniform collection methodology.

The net financial benefit of operating a mixed recycling collection service in Christchurch (Option 3) is £342k per annum, £2.39m over 7 years (vehicle lifespan).

In all options considered, the collected glass is recycled in the UK, usually as an aggregate that replaces sand in road or building construction.

With Option 3, fewer waste collection vehicles will be used as glass and other recyclables will be collected on the same vehicle. New collection vehicles will contain more efficient Euro 6 engines. Both these factors will reduce emissions of carbon and other pollutants that contribute to local air pollution and climate change globally.

Both Bournemouth & Poole Councils have operated comingled recycling collections since 2006. The collected recycling is sorted at a highly technical Material Recovery Facility (MRF), using the latest separation technology to ensure the quality of the end materials.

Comingled recycling collections provide a safer working environment for staff. A recent study by University of Greenwich and Glasgow Caledonian University published by the Institution of Occupational Safety and Health’s (IOSH) advises that Local Authorities should discontinue ‘box type’ collections for waste and recycling as a matter of urgency, in favour of wheeled bins, on the grounds of the significantly increased musculoskeletal disorders found among workers on box, basket and sack collections.

There are also significant noise issues associated with separate glass collections for both residents and staff with the Health & Safety Executive (HSE) advising Councils should look to eliminate or reduce the risks from noise for separate glass by using alternate collection methodologies.

Approval of arrangements for collection of garden waste for BCP

RESOLVED that:-

(a)           The alignment of the annual garden waste collection service price across BCP for the 2020 service at £46 per household for one bin is approved;

(b)           The pro-rata of the Christchurch service collection fee 2020 at £37.65 per household  to reflect the service length from April to December 2020 is approved;

(c)           The retention of the current multiple bin options is approved:

                     i)                For Bournemouth residents at a rate of £60.00 for 2 140l bins (280l) and £80 for 3 140l bins (420l);

                   ii)                For Christchurch & Poole residents at the full one bin price (£46 per extra 240l); and

(d)           Further modelling and analysis by officers to establish full alignment of garden waste collections services across BCP with consideration to the Government’s new Waste Strategy, outcomes of subsequent consultation and associated legislation.

Voting: Unanimous

Portfolio Holder: Environment and Climate Change

REASONS

1.     BCP Council is facing a challenging efficiency agenda to deliver substantial financial savings whilst retaining frontline services that are efficient, reliable and valued by residents.

2.     Garden waste is one of the few waste materials that Councils can legally charge householders a reasonable fee for collection. Of the 326 English councils who collect garden waste, 212 (65%) now charge for this collection.

3.     Benchmarking comparing 16 of our neighbouring authorities geographically and statistically across the country, found that of the 11 that charge for garden waste collections, bin charges vary from £25 to £60, with an average of £46.62.

4.     The alignment of collection prices offers consistency, steps towards parity and future-proofs service delivery across BCP. 

5.     The Garden Waste Service in Dorset (including Christchurch) historically starts and finishes in April for Dorset residents, which will result in a shorter service year for Christchurch residents in year one from BCP Council. This can be addressed by a pro rata payment for the service in Christchurch for 2020.

6.     Retaining the multiple bin price structure in Bournemouth offers some consolation for provision of the smaller bin size for an interim period. A bin replacement programme swapping Bournemouth’s 140l for 240l would incur capital costs of £289,000, plus delivery cost. As a result, it is prudent to maintain the current bin sizes across BCP until the outcomes of the Government’s new waste strategy are better understood. 

7.     Full alignment of garden waste collections services across BCP should consider the Government’s new waste strategy, outcomes of subsequent consultations (concerning garden waste bin size, collection frequency, service charges) and associated legislation (requiring compliance by 2023).

8.     Garden waste collected through the service is diverted from the refuse stream, for composting in Open Windrows producing high quality compost, which is used locally on farmland and sold in garden centres.

9.     Residents can still dispose of garden waste for free at Household Waste & Recycling Centres.

10. BCP also encourages home composting and promotes compost bin offers.

To review and approve future delivery plan for the Lansdowne district

RESOLVED that Cabinet:-

(a)         Supports the Vision for Lansdowne which includes promoting sustainable travel, creating a sustainable public realm and facilitating the development of new  office spaces and accommodation; 

(b)        Approves the continued accrual of £2.89m of match funding towards the Lansdowne Programme;

(c)         Approves the continuation of the Lansdowne Programme in accordance with the attached Lansdowne Programme Update; and

(d)        Agrees that no expenditure of match funds is incurred post exhaustion of DLEP funds, unless sufficient local contribution has been received.

Voting: Unanimous

Portfolio Holder(s): Regeneration and Culture

Transport and Infrastructure

REASON

The Lansdowne Programme helps to deliver a number of Council priorities such as vibrant communities with outstanding quality of life where everyone plays an active role.

Continuation of Governing Body status as required by MHCLG & EU

RESOLVED that:-

a)    BCP Council continues as the Accountable Body for the Dorset Business Growth Programme; and that:

b)    BCP Council continues its role in guaranteeing the obligations of WSX Enterprise Limited as to the delivery of the programme.

Voting: Unanimous

Portfolio Holder: Regeneration and Culture

REASON

The recommendations support BCP Council’s priority for a thriving, sustainable economy.

Approval of joint venture to develop Happyland site on Bournemouth seafront

RESOLVED that:-

(a)         The Council issues a Voluntary Ex-Ante Transparency (VEAT) Notice advertising the Council’s intention to enter into an agreement for lease of the Happyland site, shown edged red on the attached plan, with a special purpose vehicle established by the Meyrick Estate (the SPV) to grant a lease to a nominee of that SPV;

(b)        The Council enters into an agreement for  lease with the SPV to grant a 150 year lease at an initial rent of £1,001 per annum and an initial premium that reflects the uplift in value arising from the grant of the planning consent, after deduction of the costs of obtaining the consent.  This Agreement for Lease to be conditional upon the grant of planning consent for the redevelopment of the site;

(c)         The Council enters into a licence to alter and sublet with the Meyrick Estate, as freeholder, to permit the future development of the site.  In consideration, the Estate will receive an appropriate share of the rent under this lease and a share of any additional capital value accruing to the Council; and

(d)        authority be delegated to agree terms for all the relevant legal documentation and the content of the VEAT Notice to the Corporate Property Officer in consultation with the S151 Officer and Monitoring Officer.

Voting: Unanimous

Portfolio Holder: Regeneration and Culture

Reason

The Happyland site is a leasehold site earmarked for redevelopment under the Seafront Strategy. The existing building is in poor condition and will require significant expenditure in order for the Council to meet its repairing obligations under the lease.

This decision means that the freeholder of the site is able to progress development proposals in accordance with planning policy in order to add to the range of facilities for visitors to Bournemouth beach. This proposal is motivated by place-shaping, rather than financial gain, as it is unlikely to generate a significant financial return for the Council.