Agenda and minutes

Venue: Council Chamber - Swale House

Contact: Democratic Services, 01795 417330  Democratic Services Officer

Items
No. Item

690.

Emergency Evacuation Procedure

The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

 

The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

 

The Chairman will inform the meeting that:

 

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park; and

 

(b) the lifts must not be used in the event of an evacuation.

 

Any officers present at the meeting will aid with the evacuation.

 

It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

 

 

 

Minutes:

The Chairman drew attention to the evacuation procedure.

691.

Minutes

To approve the Minutes of the Meeting held on 2 March 2016 (Minute Nos. 544 - 560) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 2 March 2016 were taken as read, approved and signed by the Chairman as a correct record.

692.

Declarations of Interest

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

 

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

 

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

 

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

 

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Director of Corporate Services as Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

 

Minutes:

No interests were declared.

PART B MINUTES FOR INFORMATION

693.

Council Tax Support Scheme 2017/18 pdf icon PDF 83 KB

Additional documents:

Minutes:

Cabinet Member for Finance and Performance

 

Cabinet considered the report  of the Head of Resident Services and the above Cabinet Member, which set out the options put forward as possible changes to the Council Tax Support Scheme for 2017/18, to consult with residents.

 

Resolved:

 

(1)          That the work undertaken thus far within Kent collectively and the options appraisals set out in Appendix I be noted and the recommendation that any new CTS scheme should be based on the current scheme but with a serious of potential modifications upon which we consult be granted.

 

(2)          That a consultation be launched on the potential introduction of a range of modifications to the current CTS scheme for working age claimants.

 

(3)          That through the consultation, views are sought on other ways of meeting the demands highlighted through the report other than changing the existing CTS scheme.

 

(4)          The that first stage Community Impact Assessment be noted and that a full Community Impact Assessment be prepared and considered prior to any final decisions being taken.

 

(5)          That delegated authority be given to the Head of Finance and the Revenues and Benefits Manger – Technical and Financial to finalise the consultation material in consultation with the Cabinet Member for Finance.

694.

The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to belong to a scheme etc.) (England) Order 2014 pdf icon PDF 67 KB

Minutes:

Cabinet Member for Housing and Wellbeing

 

Cabinet considered the report of the Head of Resident Services and the above Cabinet Member which set out the updated legislation under the Redress Schemes for Lettings Agency Work and Property Management Work, and to amend the Scheme of Delegation.

 

Resolved:

 

(1)          That Members note the legal requirements of the Order, and agreed the level of penalty.

 

(2)          That the Head of Resident Services in consultation with the Cabinet Member for Housing and Welbeing be delegated to consider any representations from a letting agent or property manager and decide whether to impose the fine with or without modifications.

 

(3)          That the Scheme of Delegation be amended to add the new powers and duties conferred by The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to belong to a scheme, etc) (England) Order 2015 to the Head of Resident Services’ delegations, to provide effective delegation to officers.

695.

The Smoke and Carbon Monoxide Alarm (England) Regulations pdf icon PDF 75 KB

Minutes:

Cabinet Member for Housing and Wellbeing

 

Cabinet considered the report of the Head of Resident Services and the above Cabinet Member which set out the new legislation on The Smoke and Carbon Monoxide Alarm (England) Regulations and the amendments to the Scheme of Delegation.

 

In response to a question from a Member, the Senior Environmental Health Officer advised that the regulations only applied to solid fuel appliances. 

 

The Cabinet Member for Finance and Performance drew attention to the testing of alarms at 2.3 in the report and raised issues relating to the logging of testing.  The Senior Environmental Health Officer advised that whilst it was good practice to regularly test alarms once a month, the only obligation in the Regulations was for alarms to be tested at the start of each tenancy.

 

Resolved:

 

(1)          That Members note the legal requirements of the Regulations and agreed the Statement of Principles regarding enforcement and penalty charges.

 

(2)          That the Head of Resident Services, in consultation with the Cabinet Member for Housing and Wellbeing be delegated to consider any representations from a landlord and decide whether to confirm, vary or withdraw the penalty notice.

 

(3)          That the Scheme of Delegation be amended to add the new powers and duties conferred by the Smoke and Carbon Monoxide Alarm (England) Regulations to the Head of Resident Services’ delegations, in order to provide effective delegation to officers.

696.

Bank Contract pdf icon PDF 57 KB

Minutes:

Cabinet Member for Finance and Performance

 

Cabinet considered the report of the Head of Finance and the above Cabinet Member which sought to agree the extension of the current bank contract with Lloyds Bank.

 

Resolved:

 

(1)          That the extension of the current contract with Lloyds Bank for banking services for four years from 30 June 2016 be granted.

697.

Outside Bodies Nominations to be made by Cabinet pdf icon PDF 61 KB

Appendix I added on 31 May 2016.

Additional documents:

Minutes:

The Leader

 

The Leader referred to the Appendix that had been tabled at the meeting, which set out the Cabinet nominations to Outside Bodies. He advised that Councillor Nicholas Hampshire was a member of Swale Community Leisure Limited in his own right and not as Deputy Cabinet Member for Community & Regulatory Services.

 

In response to a question from a Member on whether the Leader had nominated rights to sit on the Kent Association of Local Councils (Swale Area Committee), the Member was advised to contact the Chairman of that Committee for clarification.

 

Resolved:

 

(1)          That the appointments to Outside Bodies be agreed as set out in the Tabled Appendix to these Minutes.

698.

Outgoing Post Distribution - Award of Contract pdf icon PDF 100 KB

Minutes:

Cabinet Member for Finance and Performance

 

Cabinet considered the report of the Head of Property and the above Cabinet Member which sought to amend the previous decision taken by Cabinet on 2 March 2016 to award the Outgoing post contract.

 

The Cabinet Member for Finance and Performance advised that the original contractor could not fulfil the terms of the contract suitably.  He further advised that, as the report detailed, Whistl Ltd were therefore the highest scoring supplier in the tender process.

 

Resolved

 

(1)          That  the previous decision taken by Cabinet on 2 March 2016 be amended as outlined in the report.

 

(2)          That the Council enters into a contract with Whistl Ltd for the outgoing distribution of post from Swale House for a period of four years from 1 July 2016 at an estimated total contract value of £460,000.

 

(3)          That the Head of the Legal Partnership be authorised, in consultation with the Head of Property Services and the Cabinet Member for Finance and Performance, to undertake all steps in relation to negotiating and entering into the contract and to sign the contract.

699.

CHANGE TO THE ORDER OF BUSINESS

Minutes:

The Chairman advised of a a change to the running order to bring forward the item on the Minutes of the Extraordinary Local Development Framework Panel.

700.

Minutes of the Extraordinary Local Development Framework Panel held on 19 May 2016

Minutes:

Cabinet considered the recommendations from the Extraordinary Local Development Framework Panel on 19 May 2016.

 

The Cabinet Member for Planning thanked the staff in Spatial Planning for their hard work.  He advised Members that that there had been a legal challenge from the Swan Quay partnership against the Local Plan Examiner but Swale Borough Council had sought Counsel advice and had been advised to continue with their recommendations.

 

Minute No. 683 – Faversham Creek Neighbourhood Plan – Examiners Report and Next Steps

 

Members welcomed the Examiners report and praised staff and residents’ input.

 

Resolved:

 

(1)          That the modifications to the Faversham Creek Neighbourhood Plan as set out in the Examiner’s Report (Appendix I) be accepted.

(2)          That the Neighbourhood Plan meets the basic conditions and complies with the provision made by or under Sections 38A and 38B of the Planning and Compulsory Act 2004 be agreed.

(3)          That the decision to accept the Examiner’s recommendations be publicised; and

(4)          That the organisation of a local referendum to cover the Faversham Town Council area be approved.

 

Minute No. 684 – Local Plan Modifications

 

The Cabinet Member for Planning referred to (1)(iv) c) on Minute No. 684 and clarified that the 370 dwellings were made up of the planning approval of 310 dwellings and an additional 60 unit care home at Perry Court Farm.  He further advised that the recommendations from the Minutes would be going out to consultation and the results considered by the Inspector; in seeking an increased housing number as directed by the Inspector’s guidance, 170 new sites came forward and 16 of those sites were chosen and some Local Green Spaces had been dealt with under delegated powers, but new sites that came forward after the closing date of the latest consultation were not included.

 

Members raised a number of points which included:

 

·        Suggestion of a condition ensuring that the site at (vi)d) SW/703 at SW Sittingbourne should not be developed prior to infrastructure improvements on the A249/Junction 5 M2;

·        Questioned whether there was space at the Nova site for 90 dwellings?;

·        Pleased with increase in numbers at the Nova site;

·        Pleased that Ham Farm and Graveney Road  was not included;

·        Would the 60-bed care home count towards the yearly housing supply?

·        Cautious of some of the proposals, particularly (v)g) SW/194 Barton Hill Drive, Minster

·        Clarification of any changes to the tabled Village Green List provided at the LDF meeting and copy of the map required;

·        Concern that residents were not consulted on the additional housing target numbers or the 16 new sites;

·        Concern that the whole plan could be rejected by the Inspector if consultation process with residents not followed correctly;

·        Request that (v)(g) SW/165 Belgrave Road be replaced by SW/169 Power Station Road which has been excluded but already had planning permission granted;

·        Merits and disadvantages in including all sites;

·        Praised officers and Members of the LDF panel;

·        Housing needs survey was carried out appropriately and raised the housing allocation numbers;

·        Allocation of funding to schools  ...  view the full minutes text for item 700.

701.

Minutes of the Swale Joint Transportation Board meeting held on 7 March 2016 and Update pdf icon PDF 70 KB

Cabinet is asked to approve the recommendations which fall within the remit of Swale Borough Council’s Cabinet and to consider the update to Minute. 569 – Informal Consultations on Proposed Waiting Restrictions Proposed Double Yellow Lines at The Street/Canterbury Road, Boughton-under-Blean and Dunkirk.

 

Members are reminded that the terms of reference for the JTB state that:

The Cabinet will normally act in accordance with the advice or views of the JTB.  If the Cabinet is minded to act otherwise, no decision will be taken until after a discussion between the relevant Cabinet Member and the Chairman and Vice-Chairman of the JTB.

Minutes:

Cabinet considered the recommendations from the Swale Joint Transportation Board (JTB) held on 7 March 2016.

 

The Cabinet Member for Environmental and Rural Affairs spoke on Minute No. 564 and advised that the initial meeting of the working group was due to be held on 26 May 2016.

 

The Cabinet Member for Regeneration spoke on Minute No. 566 and considered that the opportunity to relocate  Sittingbourne market was pivotal in assisting the Sittingbourne Town Centre Regeneration.

 

The Leader referred to the update and gave clarification on Minute no. 569- Proposed Double Yellow Lines – The Street/Canterbury Road, Boughton-under-Blean and Dunkirk.

 

Resolved:

 

(1)          That  the recommendations in Minutes Nos. 564, 565, 566, 567, 568 and 569(1) be approved.

(2)          That Minute No. 569(2) not be agreed.

702.

Minutes of the South Thames Gateway Building Control Joint Committee meeting held on 17 March 2016 pdf icon PDF 47 KB

Minutes:

Cabinet considered the recommendations from the South Thames Gateway Building Control Joint Committee on 17 March 2016.

 

Resolved:

 

(1)          That the respective partner authorities be allocated the necessary staff resource to deliver the objectives of the Business Plan and the report be noted.