Agenda and minutes

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Items
No. Item

264.

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.

 

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the meeting while that item is considered.

 

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 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.

265.

Introduction

Minutes:

The Chairman explained that the meeting would be conducted in accordance with the Local Authorities and Police and Crime Panel (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No. 392.

 

The Chairman welcomed all Members, officers and members of the public to the meeting.

 

Members agreed to a change in the order of the Agenda, bringing forward Item 4 Call-in – Housing Allocations Policy, so that any discussion on the exempt paper could be considered at the end of the meeting, in closed session.

266.

Call-in - Housing Allocations Policy pdf icon PDF 70 KB

The Cabinet Member for Housing, Head of Housing, Economies and Communities and the Affordable Housing Enablement Manager have been invited to attend.

 

To follow report added 19.11.20.

Additional documents:

Minutes:

The Chairman explained that at the meeting held on 28 October 2020, Cabinet resolved to adopt the Housing Allocations Policy 2020.  He said that, as Chairman of the Scrutiny Committee, he called the decision in for consideration by the Scrutiny Committee for the following reasons:

 

·        The decision was outside the Policy and Budget Framework;

·        there was inadequate consultation relating to the decision; and

·        relevant information was not considered.

 

The Chairman advised that, in confirming that the call-in was valid, the Monitoring Officer said that the decision was not outside the Policy and Budget Framework.  He welcomed the Cabinet Member for Housing, the Housing Options Manager and the Housing Options Policy and Performance Officer to the meeting.

 

The Cabinet Member for Housing said that the policy had been considered previously by the Policy Development and Review Committee (PDRC) and there had been a full public consultation.  He said that the public were in favour of the policy with the exception of the proposal to reduce the four year residency requirement to two years, in line with Government guidance and with other Kent authorities.  On this part of the policy, 44 respondents were in favour and 49 were against the change.  The Cabinet Member for Housing explained that the current policy offered less housing options which led to homelessness and significantly higher costs.

 

In response to clarification on the information on paragraph 2.4 on page 2 of the report, the Cabinet Member for Housing explained that the choices of a resident, who previously had not qualified for residency requirement, would be expanded by reducing the requirement to 2 years.

 

In the debate that followed, Members made points, including:

 

·        The original report lacked significant detail which was now explained in the supplementary report provided to the Scrutiny Committee;

·        still had concerns about the impact on staff as the impact of the change in policy and possible increase in eligibility could not be known; and

·        the Policy brought Swale in line with other authorities, could residents from neighbouring authorities be encouraged to move into Swale to take advantage?

 

The Cabinet Member for Housing explained that the clock would be reset for anyone moving into Swale from another authority.  The Housing Options Policy and Performance Officer detailed the residency requirements of other Kent authorities which varied from 6 months to 3 out of 5 years.

 

In response to further questions about how the change in the residency policy might increase the current numbers on the list, the Housing Options Policy and Performance Officer explained that there was no detailed breakdown of those on the current list who did not qualify that would then qualify under the new policy. A Member expressed concern about the effect that the changes to the Employment in Swale criteria might have on the figures.

 

In response to the Chairman’s question on whether there would be a review to assess the impact on costs and officer time in the future, the Cabinet Member for Housing said that the policy was frequently  ...  view the full minutes text for item 266.

267.

Call-in - Local Housing Company pdf icon PDF 71 KB

The Cabinet Member for Housing and the Head of Housing, Economy and Communities, Chief Financial Officer and Monitoring Officer have been invited to attend.

 

To-follow report added 19.11.20.

Additional documents:

Minutes:

The Chairman advised that at its meeting on 28 October 2020, Cabinet resolved to set up a Local Housing Company (LHC), Swale Rainbow Housing Ltd.  He listed the recommendations agreed at Cabinet.

 

The Chairman explained that, in his position as Scrutiny Committee Chairman, he called the decision in for the following reasons:

 

·        The decision was outside the Policy Budget Framework; and

·        there was inadequate consultation relating to the decision.

In confirming the call-in was valid on 13 November 2020, the Monitoring Officer advised that the decision was not outside the Policy Budget Framework.

 

The Chairman welcomed the Cabinet Member for Housing, Head of Economy and Communities, the Affordable Housing Enablement Manager, the Chief Financial Officer and Head of Policy, Communications and Customer Services/Monitoring Officer, and external visitors Simon Smith and Steve Partridge from Savills to the meeting.

 

The Cabinet Member for Housing thanked the Scrutiny Committee for calling in the decision and said that as it was the second largest investment made by Swale Borough Council (SBC), it was correct to do so.  He referred to the administration’s key priorities which included the delivery of affordable homes in the Borough and said that there was not enough housing in some areas.  The Cabinet Member for Housing said several methods for addressing the shortfall had been explored and whilst currently unsuitable, the Council would continue to work with registered providers.  He concluded by saying that the setting up of the housing company would increase and accelerate housing whilst maintaining control and would be self-financing.  Referring to comments made about loss of income and parking facilities on the call-in form, the Leader and Cabinet Member for Finance said this was negligible.

 

In the debate that followed Members raised points which included:

 

·        Clarification on whether the decision to sell the company or its shareholding as outlined at paragraph 2.95 of the report would be by Cabinet or Full Council;

·        questioned the reference to 199 social dwellings at paragraph 2.4 as the Council did not own any social housing; and

·        questioned whether the partners were equal when officers had a day job to serve and there were two Cabinet Members.

In response, the Monitoring Officer said the agreement to sell the company would be dependent on the details of the decision at the time, but it was likely to be a Cabinet decision in consultation with others.  The Leader said that the Business Plan included a 50 year plan with social housing being provided. 

 

The Cabinet Member for Housing said that each officer and Cabinet Member brought different skills and were only looking at the interests of the company.  He said that training had been provided and a Chairman would be appointed.  The Head of Economy and Community Services added that board structures with a range of mixed directorships had been reviewed and officers felt comfortable as an equal as they had a personal responsibility.  The Leader and Cabinet Member for Finance added that, on the advice from Savills, the board should not be  ...  view the full minutes text for item 267.

268.

Exclusion of Press and Public

To decide whether to pass the resolution set out below in respect of the following item:

 

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act:

 

3.  Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Minutes:

The Chairman proposed that the meeting be held in closed session in order to consider the exempt appendix.  Members agreed.

 

Resolved:

 

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act:

 

3.  Information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

269.

Exempt Appendix - Local Housing Company

Minutes:

Members asked questions on the exempt appendix.

 

A Member highlighted a typing error at paragraph 2.1 of the confidential business case paper which should say ‘include’ not ‘exclude’.

 

There was a discussion around the LHC providing affordable housing as part of Section 106 Agreements.

 

Steve Partridge (Savills) drew Members’ attention to paragraph 2.9 on page 6 and said that all companies needed to be EU State Aid compliant.

 

A Member referred to paragraph 6.3 on page 13 and encouraged the use of local architects and builders.  The Cabinet Member for Housing said the LHC would seek to achieve best value which was not always the cheapest.

 

In response to a question from a Member on paragraph 6.5.2 on page 13, the Cabinet Member for Housing confirmed that there would be a sub-contract agreement and structure, managed in accordance with the company’s ethos.

 

The Cabinet Member for Housing confirmed that there would be a Management Agreement, with a select panel of tradespeople, to include for planned maintenance to minimise reactivity by being proactive.

 

The Head of Housing, Economy and Community Services confirmed that the LHC would be liable to provide Section 106 contributions.

 

The Cabinet Member for Environment explained that a passive house was the gold standard of energy efficiency and air tightness on low carbon housing.

 

The Head of Housing, Economy and Community Services confirmed that 2020 in the chart on page 31 should be 2021.

 

Councillor Mike Dendor proposed that in future, Cabinet considered, identified, and promoted more transparency for the public.  This was seconded by the Chairman and on being put the vote was agreed.

 

The Chairman thanked Savills, Members and officers for providing additional information that addressed the reasons for the call-in.

 

Recommendation:

 

(1)  That in future, Cabinet considers, identifies, and promotes more transparency for the public.

270.

Adjournment

Minutes:

The meeting was adjourned from 8.41pm to 8.45pm and from 9.14pm to 9.15pm.