Agenda, decisions and minutes

Prior to the order of business listed on the agenda, the Leader of the Council commented on the coronavirus outbreak and its impact on the Council and its residents. He advised that he had written to the Chancellor of the Exchequer, requesting temporary financial relief for those in the hospitality industry given its importance to the local economy and national exchequer. The Leader of the Council also advised that he would be writing to the Home Secretary, seeking an extension for those EU Nationals that need to apply for settled status during this period.

Further updates were received from the Chief Executive, Deputy Chief Executive and Director of Regeneration and Planning and Director of Service Delivery on the latest guidance from central government, the council’s preparation for the period ahead, ongoing work with partner agencies and business continuity planning.

The minutes of the meeting held on 5 February 2020 were submitted and approved and the Chair was authorised to sign them as a correct record.

An apology for absence was reported from Councillor Whippy.

None were declared.

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Rebecca Whippy

(Non-key decision):

That the Cabinet note the achievements and activities of the Eastbourne and Lewes Community Safety Partnership in 2019/20.

The Cabinet considered the report of the Deputy Chief Executive and Director of Regeneration and Planning considering the 2019/20 performance of the Eastbourne and Lewes Community Safety Partnership.

Thanks were conveyed to officers for their work in bringing the various community groups together.

Resolved (Non-key decision):

That the Cabinet note the achievements and activities of the Eastbourne and Lewes Community Safety Partnership in 2019/20.

Reason for decision:

For Cabinet to consider progress on delivery of the current Community Safety Plan.

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Alan Shuttleworth

(Key decision):

(1) To consider the final draft of the EBC Housing Strategy 2020 – 2024 set out at Appendix 1 to the report.

(2) Subject to there being no requirement for significant amendments, to authorise the Deputy Chief Executive and Director of Regeneration and Planning to adopt the strategy and produce a formatted version for public release.

The Cabinet considered the report of the Deputy Chief Executive and Director of Regeneration and Planning seeking their approved for the proposed Eastbourne Housing Strategy 2020-2024.

Thanks were conveyed to Oliver Jones, Strategy and Partnership Lead (Housing and Community) for their work in producing the strategy and to those organisations who contributed during the consultation.

Resolved (Key decision):

(1) To consider the final draft of the EBC Housing Strategy 2020 – 2024 set out at Appendix 1 to the report.

(2) Subject to there being no requirement for significant amendments, to authorise the Deputy Chief Executive and Director of Regeneration and Planning to adopt the strategy and produce a formatted version for public release.

Reason for decisions:

(1) The current EBC Housing Strategy, Eastbourne at Home, runs from 2013 to 2020. A new housing strategy is required.

(2) There have been significant changes to the wider operating context and local housing market in recent years and the associated challenges facing the housing sector. These need to be addressed.

(3) This new strategy provides a strategic overview, setting out clear outcomes, targets and plans to be delivered over the next five years. This will enable the Council to address the key challenges faced within the local housing market and to deliver our vision effectively.

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Margaret Bannister

(Key decision):

(1) To agree that £3 million be earmarked from the Council’s capital programme in order to support priority improvement works on the Bandstand and the adjacent promenade.

(2) To give approval to the commencement of the procurement processes to deliver the priority improvement works on the Bandstand and the adjacent promenade and delegation of the development and management of the procurement processes to be followed and authority to appoint the necessary contractors be given to the Director of Regeneration and Planning, such delegation to include approval to allowing exceptions to the council’s contract procedure rules should that become necessary.

The Cabinet considered the report of the Deputy Chief Executive and Director of Regeneration and Planning asking them to note initial repairs and maintenance costs for works to the Bandstand and adjacent promenade. The report sought to agree that £3 million be earmarked from the capital programme to support priority improvement works.

The Deputy Chief Executive and Director of Regeneration and Planning advised that the implications of coronavirus on any decisions made at this meeting would be fully assessed and the Council would look to mitigate any risks.

Resolved (Key decision):

(1) To agree that £3 million be earmarked from the Council’s capital programme in order to support priority improvement works on the Bandstand and the adjacent promenade.

(2) To give approval to the commencement of the procurement processes to deliver the priority improvement works on the Bandstand and the adjacent promenade and delegation of the development and management of the procurement processes to be followed and authority to appoint the necessary contractors be given to the Director of Regeneration and Planning, such delegation to include approval to allowing exceptions to the council’s contract procedure rules should that become necessary.

Reason for decisions:

Priority improvement works are required on the Bandstand and adjacent promenade.

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Jonathan Dow

(Key decision):

(1) To agree that funds up to the level already earmarked for the project within the Council’s capital programme be released to support seafront lighting reinstatement works

(2) To agree a waiver of the Council’s Contract Procedure Rules for necessary works in connection with reinstatement of the lighting and award the contract for works to the Council’s term electrical contractor, GM Monk;

(3) To authorise the Accountable Officer to sign a waiver of the Council’s Contract Procedure Rules to GM Monk in connection with these works.

The Cabinet considered the report of the Deputy Chief Executive and the Director of Regeneration and Planning asking them to note costs for the reinstatement of the seafront lighting and to agree that funds up to the level already earmarked for the project within the Council’s capital programme be released to support reinstatement works.

Resolved (Key decision):

(1) To agree that funds up to the level already earmarked for the project within the Council’s capital programme be released to support seafront lighting reinstatement works

(2) To agree a waiver of the Council’s Contract Procedure Rules for necessary works in connection with reinstatement of the lighting and award the contract for works to the Council’s term electrical contractor, GM Monk;

(3) To approve the Accountable Officer to sign a waiver of the Council’s Contract Procedure Rules to GM Monk in connection with these works.

Reason for decisions:

Works are required in order to restore the seafront lighting and reduce future maintenance costs.

Report of Tourism and Enterprise

Lead Cabinet member: Councillor Margaret Bannister

(Budget and policy framework):

(1) To support Option 2 of the two proposals for completion that are offered and recommend to Full Council that Option 2 be agreed. The business plan commissioned by David Clarke Associates (DCA) 2015 identified that for the full income potential to be realised for Devonshire Park, all of the complex needed to be transformed to the same standard. The Winter Garden remains outstanding. We are seeking authority to agree a programme of works for the Winter Garden

(Key decision)

(2) To delegate responsibility for all contractual land procurement related decisions to the Director of Tourism & Enterprise (up to £3m in total spend).

The Cabinet considered the report of the Director of Tourism and Enterprise that sought agreement on proposals for the completion of the Winter Garden redevelopment to support the conferencing, entertainment and private hire functions of the premises.

Visiting member, Councillor Robert Smart addressed the Cabinet on this item.

The Cabinet unanimously agreed to a revision for officer recommendation (1) and this was detailed below.

Recommended to Full Council (Budget and policy framework):

(1) To support Option 2 of the two proposals for completion that are offered and recommend to Full Council that Option 2 be agreed. The business plan commissioned by David Clarke Associates (DCA) 2015 identified that for the full income potential to be realised for Devonshire Park, all of the complex needed to be transformed to the same standard. The Winter Garden remains outstanding. We are seeking authority to agree a programme of works for the Winter Garden

Resolved (Key decision):

(2) To delegate responsibility for all contractual land procurement related decisions to the Director of Tourism & Enterprise (up to £3m in total spend)

Reason for decisions:

An opportunity to increase additional income and to meet financial targets has been identified by DCA.

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Alan Shuttleworth

(This report contains an exempt appendix. Any discussion of this must take place at item 14 following exclusion of the public.)

(Key decision):

(1) To delegate authority to the Director of Regeneration & Planning in consultation with the Portfolio holder for Housing and the Chief Finance Officer to make an allocation in the Housing Revenue Account (HRA) for £29m for the construction programme at Bedfordwell Road.

(2) To note the financial and legal advice provided within this report.

(3) To agree to delegate authority to the Director of Regeneration and Planning in consultation with the Portfolio Holder for Housing to:

(a) appropriate all or part of the land at Bedfordwell Road, in accordance with further financial and legal advice to be taken, from the General Fund to the HRA

(b) appropriate all or part of land at further sites as identified in paragraph 6.3 of the report, in accordance with further financial and legal advice to be taken, from the General Fund to the HRA.

The Cabinet considered the report of the Deputy Chief Executive and Director of Regeneration and Planning setting out the budget for the residential, commercial and community development of Bedfordwell Road. The report also requested additional land which could be developed for housing is appropriated to the housing revenue account (HRA) to enable delivery.

Visiting member, Councillor Robert Smart addressed the Cabinet on this item.

Resolved (Key decision):

(1) To delegate authority to the Director of Regeneration & Planning in consultation with the Portfolio holder for Housing and the Chief Finance Officer to make an allocation in the Housing Revenue Account (HRA) for £29m for the construction programme at Bedfordwell Road.

(2) To note the financial and legal advice provided within this report.

(3) To agree to delegate authority to the Director of Regeneration and Planning in consultation with the Portfolio Holder for Housing to:

(a) appropriate all or part of the land at Bedfordwell Road, in accordance with further financial and legal advice to be taken, from the General Fund to the HRA

(b) appropriate all or part of land at further sites as identified in paragraph 6.3 of the report, in accordance with further financial and legal advice to be taken, from the General Fund to the HRA.

Reason for decisions:

To finalise the budget available for the delivery of Bedfordwell Road within the Housing Revenue Account Business Plan and also enable the pipeline of delivery of new homes through appropriation of land from the General Fund to HRA.

The Chief Executive considers that discussion of the following items is likely to disclose exempt information as defined in Schedule 12A of the Local Government Act 1972 and may therefore need to take place in private session.  The exempt information reasons are shown beneath the items listed below.  Furthermore, in relation to paragraph 10 of Schedule 12A, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. (The requisite notices having been given under regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.)

(Note: Exempt papers are printed on pink paper).

Resolved:

That the public be excluded from the remainder of the meeting as otherwise there was a likelihood of disclosure to them of exempt information as defined in schedule 12A of the Local Government Act 1972. The relevant paragraph of schedule 12A and a description of the exempt information was shown below. (The requisite notice having been given under regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.)

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Alan Shuttleworth

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

The Cabinet considered the exempt appendix in relation to agenda item 12 (Housing Revenue Account Capital Budget Allocation – Bedfordwell Road).

Resolved (Non-key decision):

That the exempt appendix be noted.

Reason for decision:

As detailed in minute 63.

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Colin Swansborough

Exempt information reasons 3 - information relating to the financial or business affairs of any particular person (including the authority holding that information) and 5 - Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

(Key decision):

To agree a revised allocation from the Council’s capital programme for a reduced development scheme at Hampden Retail Park as set out in the exempt report and to approve the associated development agent appointment and legal works.

The Cabinet considered the exempt report of the Deputy Chief Executive and Director of Regeneration and Planning considering revised proposals for improvements to the Hampden Retail Park site.

Resolved (Key decision):

To agree a revised allocation from the Council’s capital programme for a reduced development scheme at Hampden Retail Park as set out in the exempt report and to approve the associated development agent appointment and legal works.

Reason for decisions:

To enable development of Hampden Retail Park to commence.

Notes: (1) The report remained exempt. (2) Exempt information reason 3 – information relating to the financial or business affairs of any particular person (including the authority holding that information) and reason 5 - information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. (3) All officer recommendations contained in the exempt report were unanimously approved.