Agenda, decisions and minutes

Lewes District Council Cabinet
Monday, 2nd July, 2018 10.30 am

Venue: Ditchling Room at Southover House, Southover Road, Lewes, BN7 1AB

Contact: Committee Services on 01323 415021 

Items
No. Item

1.

Minutes pdf icon PDF 156 KB

To confirm and sign the minutes of the meeting of the Cabinet dated 23 April 2018.

Minutes:

The minutes of the meeting held on 23 April 2018 were submitted and approved and the chair was authorised to sign them as a correct record.

2.

Apologies for absence

Minutes:

Apologies for absence were reported from visiting members, Councillors Catlin, Osborne and Ms Debbie Twitchen (Tenants’ Representative).

3.

Declarations of interest

Disclosure by councillors of personal interests in matters on the agenda, the nature of any interest and whether the councillor regards the interest as prejudicial under the terms of the Code of Conduct.

Minutes:

None were declared.

4.

Urgent items - Lewes Bonfire celebrations pdf icon PDF 109 KB

Items not on the agenda which the Chair of the meeting is of the opinion should be considered as a matter of urgency by reason of special circumstances as defined in Section 100B(4)(b) of the Local Government Act 1972. A supplementary report will be circulated at the meeting to update the main reports with any late information.

Decision:

(Non-key decision)

The Cabinet supported the recommendations made by the Scrutiny Committee at its meeting on 28 June 2018. The recommendations would be considered by the Tactical Co-ordination Group at its next meeting.

Minutes:

The Chair was of the opinion that the following matter (Lewes Bonfire Celebrations) should be considered as a matter of urgency by reason of special circumstances as defined in Section 100B(4)(b) of the Local Government Act 1972.

 

The Cabinet considered the recommendations made by the Scrutiny Committee at its meeting on 28 June 2018. The Scrutiny Committee received a report of the Interim Director of Service Delivery to consider the consultation event with members held by the Chair of the Tactical Co-ordination Group for station closures on bonfire night on public safety ground.

Visiting member, Councillor Gardiner, Chair of Scrutiny Committee addressed the Cabinet and outlined discussions at the Scrutiny Committee on 28 June 2018.

Any recommendations made by the Cabinet would be considered by the Tactical Co-ordination Group, before a decision is made on public safety grounds.

 

Resolved (non-key decision):

The Cabinet supported the recommendations made by the Scrutiny Committee at its meeting on 28 June 2018. The recommendations would be considered by the Tactical Co-ordination Group at its next meeting.

 

Reason for decision:

It is recognised that public safety at this event is of considerable concern and of paramount importance, however the impact of station closures would cause significant disruption and disproportionate inconvenience to public users of the service.

The Cabinet agreed and supported the Scrutiny Committee’s recommendation to keep the stations open but acknowledged that the final decision would be made by the Tactical Co-ordination Group.

5.

Public question time pdf icon PDF 48 KB

To deal with any questions received from members of the public in accordance with Council Procedure Rule 11 (if any).

Additional documents:

Minutes:

Jennifer Chibnall submitted the following questions to the Leader of the Council and Cabinet member for Regeneration and Business, Councillor Smith on agenda item 17.

 

Question 1:

 

Given the previous history it is a little surprising to find that Artisan now no longer wish to develop this site. It is not clear from the papers for this meeting if they in fact wish to develop the further phases of the development. If so, given that the site has had to be unlocked by HIF funding as the expenses are all in phase 1, it is hard to see how developer can be found to take on only this phase. How and to whom is the site being marketed?

 

Question 2:

As a registered provider must also be found for the ‘affordable’ housing before any ‘commencement’ of the development is permitted have the Council considered that their aims would be more securely achieved by actively seeking a developer who is also such a provider, building market housing to subsidise social housing on the whole site? For example I believe Peabody do this. Perhaps the Council could even do this with their own new housing development companies.

 

Sheila O’Sullivan submitted the following question to the Leader of the Council and Cabinet member for Regeneration and Business, Councillor Smith on agenda item 17.

 

Question:

 

Cabinet is being asked to fund through an allocation of £700,000 the development of a temporary car park (recommendations 2 and 3) from its capital programme.

 

Why is this decision being wholly financed by LDC?  Why are the NSQ landowners (Mas Rei) not contributing to this work and/or why is it not be co-financed.  Or provision made as part of the Land Collaboration Agreement.

 

Please provide detailed reasons as to why the total burden is falling on LDC.  And what detailed assessment has been made to justify this expenditure.

 

Councillor Smith gave a verbal response to the questions at the meeting. A full written response was formulated following the meeting and published on the Council’s website.

6.

Devolution of open spaces to Town and Parish Councils pdf icon PDF 131 KB

To consider the recommendations made by the Devolution Committee at its meeting held on 7 June 2018.

 

Report of Interim Director of Service Delivery

Lead Cabinet member: Councillor Nicholson

Additional documents:

Decision:

(Non-key decision):

 

(1) That the state of progress in relation to those Newhaven sites outlined in paragraph 2.1 of the report, devolution of which has already been approved by Cabinet be noted.

(2) To approve the transfer of those sites outlined in paragraph 2.4 and 2.7 of the report and authorise the Interim Director of Service Delivery to take all steps necessary to finalise those transfers.

(3) To approve the recommendation to vary the standard form of overage provision to allow certain developments to take place at Eastside Recreation Ground, Newhaven as outlined at paragraph 2.3 of the report.

(4) To approve the recommendation to devolve Meeching Down, Newhaven, to Newhaven Town Council and authorise the Interim Director of Service Delivery to take all steps necessary to finalise those transfers.

Minutes:

The Cabinet considered the report of the Interim Director of Service Delivery, requesting their approval on the recommendations made by the Devolution Committee on 7 June 2018.

 

Resolved (Non-key decision):

 

(1) That the state of progress in relation to those Newhaven sites outlined in paragraph 2.1 of the report, devolution of which has already been approved by Cabinet be noted.

(2) To approve the transfer of those sites outlined in paragraph 2.4 and 2.7 of the report and authorise the Interim Director of Service Delivery to take all steps necessary to finalise those transfers.

(3) To approve the recommendation to vary the standard form of overage provision to allow certain developments to take place at Eastside Recreation Ground, Newhaven as outlined at paragraph 2.3 of the report.

(4) To approve the recommendation to devolve Meeching Down, Newhaven, to Newhaven Town Council and authorise the Interim Director of Service Delivery to take all steps necessary to finalise those transfers.

Reasons for decisions:

To note the progress made on devolution of open spaces and to agree the next steps to further progress.

7.

Finance update - performance quarter 4 - 2017-2018 pdf icon PDF 111 KB

Report of Deputy Chief Executive

Lead Cabinet member: Councillor Giles

Additional documents:

Decision:

(Key decision):

(1) To agree the financial position on the General Fund, Housing Revenue Account and Collection Fund accounts for 2017/2018.

(2) To confirms the allocation of reserves at 31 March 2018 shown at paragraph 2.9 of the report.

(3) To agree the capital programme outturn for 2017/2018, as set out at appendix 2 to the report.

(4) To approve the updated 2018/2019 capital programme, as set out at appendix 3 to the report.

(5) To approve the write-off of irrecoverable debts noted in paragraph 4.5 of the report.

Recommended to Council (Budget and policy framework):

(6) To approve the annual treasury management report for 2017/2018, as set out at appendix 4 to the report.

Minutes:

The Cabinet considered the report of the Deputy Chief Executive regarding the council’s financial performance in 2017/18 and outlining the impact on the Council’s current financial position.

In response to a question from visiting member Councillor Gardiner, the Deputy Chief Executive confirmed that the majority of housing benefit overpayments detailed in the report was claimant errors.

Resolved (Key decision):

(1) To agree the financial position on the General Fund, Housing Revenue Account and Collection Fund accounts for 2017/2018.

(2) To confirms the allocation of reserves at 31 March 2018 shown at paragraph 2.9 of the report.

(3) To agree the capital programme outturn for 2017/2018, as set out at appendix 2 to the report.

(4) To approve the updated 2018/2019 capital programme, as set out at appendix 3 to the report.

(5) To approve the write-off of irrecoverable debts noted in paragraph 4.5 of the report.

Recommended to Council (Budget and policy framework):

(6) To approve the annual treasury management report for 2017/2018, as set out at appendix 4 to the report.

Reasons for decisions:

(1) At the end of the financial year, Cabinet should review the impact of the financial performance on its current financial position, determine the level of Reserves available for use and variations, if any, which may be required to the revenue budget or capital programme.

(2) The Council’s Treasury Management function deals with very large value transactions on a daily basis. It is essential that the Council is satisfied that appropriate controls are in place and in accordance with the Code of Practice on Treasury Management in the Public Services (the Code) prepared by CIPFA (the Chartered Institute of Public Finance and Accountancy) and adopted by the Council. The Code requires the Council to receive an Annual Treasury Management Report at the end of each financial year.

8.

Portfolio progress and performance report 2017-18 - quarter 4 pdf icon PDF 120 KB

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Merry

Additional documents:

Decision:

(Non-key decision):

(1) That the council’s progress and performance for quarter 4 be received and noted.

(2) That the recommendations made by Scrutiny Committee at its meeting on the 28 June 2018 be considered.

Minutes:

The Cabinet considered the report of the Director of Regeneration and Planning regarding the council’s progress and performance in respect of key projects and targets for the fourth quarter of the year (January to March 2018) and the overall year performance as set out at appendix 1 to the report.

Visiting member, Councillor Gardiner addressed the Cabinet and outlined discussions at the Scrutiny Committee on 28 June 2018. One of the recommendations from Scrutiny Committee was to include a performance indicator for air quality. Councillor Smith responded that officer advice would be sought following the meeting.

Visiting member, Councillor Saunders addressed the Cabinet regarding the performance indicator for the Mears contract. The Director of Regeneration and Planning agreed to meet with Councillor Saunders and the Head of Property Services to look at the present performance and trajectory.  

The Cabinet commended staff for their work throughout the year in achieving the targets outlined in the report.

Resolved (Non-key decision):

(1) That the council’s progress and performance for quarter 4 be received and noted.

(2) That the recommendations made by Scrutiny Committee at its meeting on the 28 June 2018 be considered.

Reason for decisions:

To enable Cabinet to consider specific aspects of the Council’s progress and performance.

9.

Development of Anchor Field, Ringmer pdf icon PDF 103 KB

Report of Director of Regeneration and Planning

Lead Cabinet members: Councillors Giles and Maskell

 

(This report contains an exempt appendix. Any discussion of this must take place at item 21 following exclusion of the public.)

Decision:

(Non-key decision):

(1) To note the revised project on Anchor Field Ringmer.

(2) To agree to proceed with the proposal as outlined as ‘option 1’ in paragraph 6.2 of the report, disposing of Council land holdings at Anchor Field, Ringmer to allow for the delivery of affordable housing. In the event of ‘option 1’ not proving viable or possible for whatever reason, to delegate authority to the Director of Regeneration and Planning, in consultation with the Lead Members for Finance and Housing, to proceed with such other variation on the options set out in this report, as this will secure both the delivery of affordable housing and best consideration, without risk to the Council.

 (3) To give delegated authority to the Director of Regeneration and Planning, in consultation with the Lead Member for Housing, to dispose of land and easements at Anchor Field held within either the Council’s General Fund or Housing Revenue Account, subject to appropriate due diligence being completed. This delegation is to include authorisation not to dispose by auction or invitation of tenders following public advertisements as is usually required by the Council’s Contract Procedure Rules (para. 18.1).

(4) To give delegated authority to the Director of Regeneration & Planning in consultation with the Lead Member for Housing to enter a Development Agreement with the developer of the Anchor Field site in Ringmer.

(5) To give delegated authority to The Director of Regeneration and Planning in consultation with the Lead Member for Housing to invest in the development of a small number of additional affordable housing units in addition to those that will be built out by the developer for the Council at no cost.

Minutes:

The Cabinet considered the report of the Director of Regeneration and Planning, updating them on proposed residential development on the Anchor Field, Ringmer and confirm changes from the details outlined in the report to Cabinet in February 2017.

The Cabinet unanimously agreed to make an addition to officer recommendation two and this was detailed in the resolution below.

Resolved (Non-key decision):

(1) To note the revised project on Anchor Field Ringmer.

(2) To agree to proceed with the proposal as outlined as ‘option 1’ in paragraph 6.2 of the report, disposing of Council land holdings at Anchor Field, Ringmer to allow for the delivery of affordable housing. In the event of ‘option 1’ not proving viable or possible for whatever reason, to delegate authority to the Director of Regeneration and Planning, in consultation with the Lead Members for Finance and Housing, to proceed with such other variation on the options set out in this report, as this will secure both the delivery of affordable housing and best consideration, without risk to the Council.

(3) To give delegated authority to the Director of Regeneration and Planning, in consultation with the Lead Member for Housing, to dispose of land and easements at Anchor Field held within either the Council’s General Fund or Housing Revenue Account, subject to appropriate due diligence being completed. This delegation is to include authorisation not to dispose by auction or invitation of tenders following public advertisements as is usually required by the Council’s Contract Procedure Rules (para. 18.1).

(4) To give delegated authority to the Director of Regeneration & Planning in consultation with the Lead Member for Housing to enter a Development Agreement with the developer of the Anchor Field site in Ringmer.

(5) To give delegated authority to The Director of Regeneration and Planning in consultation with the Lead Member for Housing to invest in the development of a small number of additional affordable housing units in addition to those that will be built out by the developer for the Council at no cost.

Reason for decisions:

To allow for changes to the approved project following a reappraisal of the deliverability and benefits realisation of the scheme.

10.

Review of the council plan 2016-2020 pdf icon PDF 14 KB

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Smith

Additional documents:

Decision:

(Key decision):

(1) To note the progress made in the second year of delivery of the Council Plan, set out at appendix A to the report.

(2) To approve the design changes to the Council Plan, set out at appendix B to the report.

Recommended to Council (Budget and policy framework):

(3) To agree the Council Plan contents.

Minutes:

The Cabinet considered the report of the Director of Regeneration and Planning, setting out the results of a review which had been undertaken of the Council’s four year plan (2016 – 2020) at the end of the second year. The report enables the Cabinet to consider the successes and achievements to date and to approve the further development and refinement of the Plan as it moves into its third year.

The Scrutiny Committee discussed the plan at its meeting on the 28 June 2018 and made a recommendation to include a reference to the South Downs National Park, which was agreed by the Cabinet.

Resolved (Key decision):

(1) To note the progress made in the second year of delivery of the Council Plan, set out at appendix A to the report.

(2) To approve the design changes to the Council Plan, set out at appendix B to the report.

Recommended to Council (Budget and policy framework):

(3) To agree the Council Plan contents.

Reason for decisions:

During the period of a four year Council Plan adjustments and refinements may need to be made to respond to changed circumstances and emerging opportunities. In acknowledgement of this an annual review is a helpful way of ensuring that the Plan remains focused on delivery of the organisations overall strategic objectives.

11.

Equality monitoring policy pdf icon PDF 96 KB

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Merry

Additional documents:

Decision:

(Key decision):

(1)To approve the Joint Equality Monitoring Policy, as set out at appendix A to the report.

(2) To delegate authority to the Director of Service Delivery, in consultation with the Cabinet Member for People and Performance to make any amendments to the approved text set out in the appendices to the policy, to align with the Census 2021 questions when these are published.

Minutes:

The Cabinet considered the report of the Director of Regeneration and Planning, seeking approval for a Joint Equality Monitoring Policy.

Visiting member, Councillor Gardiner, outlined discussions of the policy by Scrutiny Committee at its meeting on 28 June 2018.

Resolved (Key decision):

(1)To approve the Joint Equality Monitoring Policy, as set out at appendix A to the report.

(2) To delegate authority to the Director of Service Delivery, in consultation with the Cabinet Member for People and Performance to make any amendments to the approved text set out in the appendices to the policy, to align with the Census 2021 questions when these are published.

Reason for decisions:

An updated Equality Monitoring Policy is required to ensure the Council meets its legal duties under Equality Act 2010 and collects the information required to fulfil its Public Sector Equality Duty (PSED) whilst complying with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

12.

Proposals to develop environmental initiatives pdf icon PDF 97 KB

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Linington

Decision:

(Key decision):

(1) To agree match-funding of up to £5,000 for the provision of drinking water at Newhaven skate park.

(2) To authorise the Strategy & Partnership Lead, Quality Environment, to conduct a desk-based feasibility study for the potential of free drinking water provision within council-owned parks and in other public places within Lewes district, working with partners and stakeholders.

(3) To agree to support the national ‘Refill’ campaign through social media and as appropriate.

(4) To authorise the Strategy & Partnership Lead, Quality Environment, to develop guidance for developers on the provision of underground bins, as part of the wider sustainability planning policy review.

(5) To delegate authority to the Director of Regeneration and Planning, in consultation with the Portfolio Holder for Environmental Impact, to bid for funding, supported by an appropriate business case, to invest in electric vehicle (EV) charging technology and infrastructure, working with partners and other local authorities.

(6) To authorise the Strategy & Partnership Lead, Quality Environment, in consultation with the Portfolio Holder for Environmental Impact, to prepare a Sustainability Policy, to provide a framework for council activities for agenda item 15 consideration and approval at Cabinet later in the year.

(7) To note the launch and progress to date of the ‘Single-Use Plastics’ project.

Minutes:

The Cabinet considered the report of the Director of Regeneration and Planning, seeking approval for a series of environmental initiatives as outlined in recent discussions with Councillors.

Councillor Smith thanked visiting member, Councillor Rowell for initiating discussions regarding these proposals. This report would be the start of multiple reports that would be considered by Cabinet and cover a range of environmental initiatives.

Visiting member, Councillor Rowell enquired about the fountains for Lewes Skate Park. It was confirmed that discussions were continuing with the Environment Agency.

Resolved (Key decision):

(1) To agree match-funding of up to £5,000 for the provision of drinking water at Newhaven skate park.

(2) To authorise the Strategy & Partnership Lead, Quality Environment, to conduct a desk-based feasibility study for the potential of free drinking water provision within council-owned parks and in other public places within Lewes district, working with partners and stakeholders.

(3) To agree to support the national ‘Refill’ campaign through social media and as appropriate.

(4) To authorise the Strategy & Partnership Lead, Quality Environment, to develop guidance for developers on the provision of underground bins, as part of the wider sustainability planning policy review.

(5) To delegate authority to the Director of Regeneration and Planning, in consultation with the Portfolio Holder for Environmental Impact, to bid for funding, supported by an appropriate business case, to invest in electric vehicle (EV) charging technology and infrastructure, working with partners and other local authorities.

(6) To authorise the Strategy & Partnership Lead, Quality Environment, in consultation with the Portfolio Holder for Environmental Impact, to prepare a Sustainability Policy, to provide a framework for council activities for agenda item 15 consideration and approval at Cabinet later in the year.

(7) To note the launch and progress to date of the ‘Single-Use Plastics’ project.

Reasons for decisions:

(1) The need for drinking water provision at skate parks has been identified by users of the skate parks, but there are insufficient funds within the project budget to allow for the installation costs of the water supply at this site.

(2) Additional drinking water provision could be made available to the general public in areas of high foot traffic, for example shopping precincts and parks. This will support various initiatives currently prominent in the political and public arena including the reduction of single use plastics and promoting healthy and active lifestyles.

(3) The ‘Refill’ campaign, described in paragraph 1.2, has arrived in Lewes district through community activism.

(4) Underground bins installed as a method of communal waste collection within a significant residential development could be considered for viability, if the guidance were in place.

(5) A charging point feasibility study will provide for an evaluation of the opportunities available to Lewes District Council (LDC) with regards to EV charging on its own estate in light of the national move towards the provision of this infrastructure and Cabinet-approved changes to LDC planning guidance in support of EV charging facilities.

(6) The adoption of a set of guiding principles in the form of an  ...  view the full minutes text for item 12.

13.

Affordable housing supplementary planning document (SPD) pdf icon PDF 256 KB

Report of Director of Regeneration and Planning

Lead Cabinet member: Councillor Jones

Additional documents:

Decision:

(Key decision):

(1) That Cabinet delegate authority to the Director of Regeneration and Planning in consultation with the Cabinet portfolio holder to make any minor or technical adjustments found necessary in the affordable housing supplementary planning document before it is presented to Full Council.

Recommended to Council (Budget and policy framework):

(2) That Cabinet endorse the affordable housing supplementary planning document as set out at appendix 3 to the report, and recommend its adoption by Full Council.

Minutes:

The Cabinet considered the report of the Strategy Policy Officer, seeking their endorsement of the affordable housing supplementary planning document (SPD) for formal adoption at Full Council on 16 July 2018.

It was clarified that costs of commuted sums was regularly revised and that this would be referenced in the final version. Recommendation one allows the Director of Regeneration and Planning, in consultation with the Cabinet portfolio holder to make technical adjustments to the SPD.

Resolved (Key decision):

(1) That Cabinet delegate authority to the Director of Regeneration and Planning in consultation with the Cabinet portfolio holder to make any minor or technical adjustments found necessary in the affordable housing supplementary planning document before it is presented to Full Council.

Recommended to Council (Budget and policy framework):

(2) That Cabinet endorse the affordable housing supplementary planning document as set out at appendix 3 to the report, and recommend its adoption by Full Council.

Reasons for decisions:

(1) There is an ongoing and increasing need for the provision of affordable housing in the Lewes District, as rent costs and the price of home ownership rises.

(2) There are challenges regarding the delivery of affordable housing. A significant proportion of affordable housing is delivered through the planning system. The Affordable Housing SPD will provide the Council with a policy reference point with weight during negotiations, better enabling the Council to deliver much needed affordable dwellings.

(3) The SPD builds upon and provides more detailed advice and guidance on Core Policy 1 and Core Policy 2 of the Lewes District Local Plan Part 1 – Joint Core Strategy (2016). This will provide developers and housing providers with a useful reference point, making the planning process more efficient and effective.

14.

North Street Quarter pdf icon PDF 111 KB

Report of Director of Regeneration and Planning

Lead Cabinet members: Councillor Smith and Giles

 

(This report contains exempt appendices. Any discussion of this must take place at item 22 following exclusion of the public.)

Decision:

(Key decision):

(1) To delegate authority to the Director of Regeneration and Planning, in consultation with the Deputy Chief Executive, Leader of the Council and Strategic Property Board, to purchase the Health Hub and Car Park from the North Street Quarter scheme, subject to a satisfactory business case and agreeing a purchase price with joint landowner, NSQ Ltd, in respect of both assets.

(2) To delegate authority to the Director of Regeneration and Planning, in consultation with the Deputy Chief Executive and Cabinet Member for Finance, to authorise the development of a temporary car park at the site of North Street, and to take all and any steps necessary to facilitate implementation of such development.

(3) To make an allocation of £700,000 for the development of the temporary car park within the 2018/19 capital programme.

(4) To delegate authority to the Director of Regeneration and Planning, in consultation with East Sussex Country Council, to seek amendments to the existing off-street and on-street Traffic Regulation Orders (TROs) which are necessary to implement the permitted North Street Quarter development.

(5) To delegate authority to the Director of Regeneration and Planning, in consultation with the Strategic Property Board, to dispose of Council property assets in lieu of part of a cash compensation payment for third party land interests at the NSQ, subject to an independent valuation and this being the most economically advantageous scenario for the Council. Such disposal to be made without the need for auction or the invitation of tenders or expressions of interest following appropriate public advertisement.

(6) To note progress on the acquisition of third party land interests at the NSQ and the intention to appoint specialist advisors to prepare the case for a compulsory purchase order (CPO). The decision to make the CPO, should one be needed, will be the subject of a separate report to Cabinet.

Minutes:

The Cabinet considered the report of the Director of Regeneration and Planning, seeking their approval on matters relating to: the acquisition of assets from the North Street Quarter scheme, the development of, and capital allocation for, a temporary car park at the site; the disposal of Council property assets, and applications to amend the existing Traffic Regulation Orders (TROs).

Resolved (Key decision):

(1) To delegate authority to the Director of Regeneration and Planning, in consultation with the Deputy Chief Executive, Leader of the Council and Strategic Property Board, to purchase the Health Hub and Car Park from the North Street Quarter scheme, subject to a satisfactory business case and agreeing a purchase price with joint landowner, NSQ Ltd, in respect of both assets.

(2) To delegate authority to the Director of Regeneration and Planning, in consultation with the Deputy Chief Executive and Cabinet Member for Finance, to authorise the development of a temporary car park at the site of North Street, and to take all and any steps necessary to facilitate implementation of such development.

(3) To make an allocation of £700,000 for the development of the temporary car park within the 2018/19 capital programme.

(4) To delegate authority to the Director of Regeneration and Planning, in consultation with East Sussex Country Council, to seek amendments to the existing off-street and on-street Traffic Regulation Orders (TROs) which are necessary to implement the permitted North Street Quarter development.

(5) To delegate authority to the Director of Regeneration and Planning, in consultation with the Strategic Property Board, to dispose of Council property assets in lieu of part of a cash compensation payment for third party land interests at the NSQ, subject to an independent valuation and this being the most economically advantageous scenario for the Council. Such disposal to be made without the need for auction or the invitation of tenders or expressions of interest following appropriate public advertisement.

(6) To note progress on the acquisition of third party land interests at the NSQ and the intention to appoint specialist advisors to prepare the case for a compulsory purchase order (CPO). The decision to make the CPO, should one be needed, will be the subject of a separate report to Cabinet.

Reasons for decisions:

(1) To progress delivery of the strategically significant North Street Quarter (NSQ) development in Lewes. The NSQ is a £180m mixed use brownfield site that will deliver the following regeneration benefits to the area:

- 416 new homes, of which 40% will be affordable,

- 140,000 sq. ft. of new commercial space, including subsidised creative workspace

- 475 full time jobs

- 100 full time construction jobs,

- a new modern health centre serving in excess of 26,000 patients,

- strategically important flood defences, completing the defence of Lewes,

- a new riverside promenade, new footbridge, extensive new cycle paths and footpaths, and

- a public square hosting contemporary eateries and riverside dining.

 (2) To ensure that the Council maximises return on its investment into the NSQ scheme,  ...  view the full minutes text for item 14.

15.

Regeneration at Avis Way, Newhaven pdf icon PDF 21 KB

Report of Interim Director of Service Delivery and Director of Regeneration and Planning

Lead Cabinet members: Councillors Franklin and Giles

Additional documents:

Decision:

(Key decision):

(1) That Cabinet delegates authority to the Director of Regeneration and Planning, in conjunction with the Interim Director of Service Delivery to develop new premises for the Waste & Recycling Depot in Newhaven in accordance with the detail contained within this report.

(2) That Cabinet allocates the sum of up to £4.1m within the Capital Programme for delivery of the new depot facility.

(3) To delegate authority to the Director of Regeneration and Planning in consultation with the Interim Director of Service Delivery, the Portfolio Holder for Finance, the Chief Finance Officer, and the Assistant Director – Legal and Democratic Services, to progress the project through the Clear Futures Energy & Sustainability Joint Venture if they consider it appropriate and at an appropriate future stage to decide the project should be put forward to the JV Steering Board for inclusion as a Part 1 and/or Part 2 project.

Minutes:

The Cabinet considered the report of the Interim Director of Service Delivery and Director of Regeneration and Planning, seeking their approval to procure and construct a new waste depot and vehicle servicing facility at Avis Way, Newhaven.

Resolved (Key decision):

(1) That Cabinet delegates authority to the Director of Regeneration and Planning, in conjunction with the Interim Director of Service Delivery to develop new premises for the Waste & Recycling Depot in Newhaven in accordance with the detail contained within this report.

(2) That Cabinet allocates the sum of up to £4.1m within the Capital Programme for delivery of the new depot facility.

(3) To delegate authority to the Director of Regeneration and Planning in consultation with the Interim Director of Service Delivery, the Portfolio Holder for Finance, the Chief Finance Officer, and the Assistant Director – Legal and Democratic Services, to progress the project through the Clear Futures Energy & Sustainability Joint Venture if they consider it appropriate and at an appropriate future stage to decide the project should be put forward to the JV Steering Board for inclusion as a Part 1 and/or Part 2 project.

Reason for decisions:

To enable the provision of a new waste depot and vehicle servicing facility in Newhaven to replace a life-expired asset.

16.

Regeneration of Newhaven Town Centre pdf icon PDF 99 KB

Report of Director of Regeneration and Planning

Lead Cabinet members: Councillors Smith and Giles

 

(This report contains an exempt appendix. Any discussion of this must take place at item 23 following exclusion of the public.)

Additional documents:

Decision:

(Key decision):

(1) To note the progress on the business case outlining the investment potential and opportunities within the Newhaven Town Centre area.

(2) To approve the allocation of funding of up to £500,000 from the property acquisition and development budget in respect of consultancy, professional fees, and surveys to fund the project up to the letting of the construction contract.

(3) To delegate authority to the Director of Regeneration and Planning in consultation with the Director of Service Delivery and the Portfolio Holder for Environmental Impact (and where appropriate the Chief Finance Officer and Assistant Director – Legal and Democratic Services) to progress the project through the Energy & Sustainability Joint Venture if they consider it appropriate and at an appropriate future stage to decide the project should be put forward to the JV Steering Board for inclusion as a Part 1 and/or Part 2 project.

(4) To delegate authority to enter into an agreement for lease of the property to the Director of Regeneration and Planning on the basis of the conditions and terms that are no worse than those set out in the report; such delegation to include authorisation not to dispose by auction or invitation of tenders following public advertisement (sought under Contract Procedure Rule 18.1) for those leases.

(5) To approve the proposal to allow free parking of at least 30 minutes, perhaps more, depending on officer modelling, in both Lower Place and Dacre Road multi-storey car parks to support the regeneration strategy for Newhaven and that authority be delegated to the Interim Director of Service Delivery to implement the decision.

(6) To delegate authority to the Interim Director of Service Delivery to request that East Sussex County Council amends the Traffic Regulation Order and associated on-street and off-street parking places orders to ensure enforcement against nuisance parking, and that parking violations on Denton Island may also be enforced.

(7) To approve the commissioning of a feasibility study to regularise parking at Railway Quay to provide additional parking in advance of the redevelopment of the town centre.

Minutes:

The Cabinet considered the report of the Director of Regeneration and Planning, providing an overview of the potential redevelopment of Newhaven Town Centre, as well as the scheme’s role in successfully delivering the aims of the Newhaven Enterprise Zone.

Visiting member, Councillor Saunders addressed the Cabinet, supporting the proposal for free parking at recommendation five, however suggested that this should be extended to one hour. The Cabinet agreed to revise recommendation five and this was detailed below.

It was suggested that an internal member working group be formulated to discuss and monitor all the various redevelopment projects in Newhaven from a planning perspective.

Resolved (Key decision):

(1) To note the progress on the business case outlining the investment potential and opportunities within the Newhaven Town Centre area.

(2) To approve the allocation of funding of up to £500,000 from the property acquisition and development budget in respect of consultancy, professional fees, and surveys to fund the project up to the letting of the construction contract.

(3) To delegate authority to the Director of Regeneration and Planning in consultation with the Director of Service Delivery and the Portfolio Holder for Environmental Impact (and where appropriate the Chief Finance Officer and Assistant Director – Legal and Democratic Services) to progress the project through the Energy & Sustainability Joint Venture if they consider it appropriate and at an appropriate future stage to decide the project should be put forward to the JV Steering Board for inclusion as a Part 1 and/or Part 2 project.

(4) To delegate authority to enter into an agreement for lease of the property to the Director of Regeneration and Planning on the basis of the conditions and terms that are no worse than those set out in the report; such delegation to include authorisation not to dispose by auction or invitation of tenders following public advertisement (sought under Contract Procedure Rule 18.1) for those leases.

(5) To approve the proposal to allow free parking of at least 30 minutes, perhaps more depending on officer modelling, in both Lower Place and Dacre Road multi-storey car parks to support the regeneration strategy for Newhaven and that authority be delegated to the Interim Director of Service Delivery to implement the decision.

(6) To delegate authority to the Interim Director of Service Delivery to request that East Sussex County Council amends the Traffic Regulation Order and associated on-street and off-street parking places orders to ensure enforcement against nuisance parking, and that parking violations on Denton Island may also be enforced.

(7) To approve the commissioning of a feasibility study to regularise parking at Railway Quay to provide additional parking in advance of the redevelopment of the town centre.

Reasons for decisions:

(1) Newhaven has substantial physical capacity for growth, including large brownfield sites in and around the waterfront and the town centre. The town is planning for 28% of all housing growth within the District over the lifetime of the Local Plan (ie. to 2030). Newhaven is also home to 40%  ...  view the full minutes text for item 16.

17.

Exclusion of the public

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).

 

Minutes:

Resolved:

That the public be excluded from the remained 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 is 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.)

18.

Development of Anchor Field, Ringmer - Appendix 1

Report of Director of Regeneration and Planning

Lead Cabinet members: Councillors Giles and Maskell

 

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

Minutes:

The Cabinet considered the exempt appendix to agenda item 12.

Resolved:

That the appendix be noted.

Reason for decision:

As detailed in minute 9 above.

Notes: (1) The appendix remains exempt. (2) Exempt information reason 3 – information relating to the financial or business affairs of any particular person (including the authority holding that information).

19.

North Street Quarter - Appendix 1 and 2

Report of Director of Regeneration and Planning

Lead Cabinet members: Councillor Smith and Giles

 

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

Additional documents:

Minutes:

The Cabinet considered the exempt appendices to agenda item 17.

Resolved:

That the appendices be noted.

Reason for decision:

As detailed in minute 14above.

Notes: (1) The appendices remains exempt. (2) Exempt information reason 3 – information relating to the financial or business affairs of any particular person (including the authority holding that information).

20.

Regeneration of Newhaven Town Centre - Appendix C

Report of Director of Regeneration and Planning

Lead Cabinet members: Councillors Smith and Giles

 

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

 

Minutes:

The Cabinet considered the exempt appendix to agenda item 19.

Resolved:

That the appendix be noted.

Reason for decision:

As detailed in minute 16above.

Notes: (1) The appendix remains exempt. (2) Exempt information reason 3 – information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

21.

Regeneration at Springman House

Report of Director of Regeneration and Planning

Lead Cabinet members: Councillors Smith and Giles

 

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

 

Additional documents:

Decision:

(Key decision):

 

(1) To approve the allocation of funding of up to £700,000 from the property acquisition and development budget in respect of consultancy, professional fees, surveys and the planning application in respect of the Springman House site.

 

(2) To undertake early public consultation with a range of stakeholders prior to submitting the detailed design for planning purposes.

 

(3) To delegate authority to the Director of Regeneration and Planning, in consultation with the Lead Member for Finance and Resources, and the Strategic Property Board, to develop a detailed design for a commercial development scheme at Lancaster Road, Lewes, in readiness to submit a planning application.

 

(4) To delegate authority to the Director of Regeneration and Planning in consultation with the Portfolio Holder for Resources, the Chief Finance Officer, and the Assistant Director – Legal and Democratic Services, to progress the project through the Energy & Sustainability Joint Venture if they consider it appropriate and at an appropriate future stage to decide the project should be put forward to the JV Steering Board for inclusion as a Part 1 and/or Part 2 project.

 

(5) Delegate authority to enter into an agreement for lease of the property to the Director of Regeneration and Planning on the basis of the conditions and terms to be no worse than set out in this report; such delegation to include authorisation not to dispose by auction or invitation of tenders following public advertisement (sought under Contract Procedure Rule 18.1) for those leases.

 

Minutes:

The Cabinet considered the exempt report of the Director of Regeneration and Planning regarding the potential development at Springman House.

Resolved (Key decision):

 

(1) To approve the allocation of funding of up to £700,000 from the property acquisition and development budget in respect of consultancy, professional fees, surveys and the planning application in respect of the Springman House site.

 

(2) To undertake early public consultation with a range of stakeholders prior to submitting the detailed design for planning purposes.

 

(3) To delegate authority to the Director of Regeneration and Planning, in consultation with the Lead Member for Finance and Resources, and the Strategic Property Board, to develop a detailed design for a commercial development scheme at Lancaster Road, Lewes, in readiness to submit a planning application.

 

(4) To delegate authority to the Director of Regeneration and Planning in consultation with the Portfolio Holder for Resources, the Chief Finance Officer, and the Assistant Director – Legal and Democratic Services, to progress the project through the Energy & Sustainability Joint Venture if they consider it appropriate and at an appropriate future stage to decide the project should be put forward to the JV Steering Board for inclusion as a Part 1 and/or Part 2 project.

 

(5) Delegate authority to enter into an agreement for lease of the property to the Director of Regeneration and Planning on the basis of the conditions and terms to be no worse than set out in this report; such delegation to include authorisation not to dispose by auction or invitation of tenders following public advertisement (sought under Contract Procedure Rule 18.1) for those leases.

Reason for decisions:

A strategic opportunity has arisen to provide a commercial development of the Council’s landholdings within the Lancaster Road, Lewes site known as Springman House. The proposed scheme will create a new hotel facility for the town, together with employment opportunities, economic benefits, and a revenue stream for the Council.

Notes: (1) The report remains exempt. (2) Exempt information reason 3 – information relating to the financial or business affairs of any particular person (including the authority holding that information).