Agenda, decisions and minutes

Cabinet - Wednesday 17 June 2020 5.30 pm

Venue: Being held virtually by Microsoft Teams . The Public can listen to the live stream here: http://www.audiominutes.com/p/player/player.html?userid=tvbc

Contact: Emma Horbury - 01264 368001  Email: ehorbury@testvalley.gov.uk

Link: The public can listen to a live stream here

Items
No. Item

64.

Public Participation

Minutes:

No members of the public registered to speak.

65.

Declarations of Interest

Minutes:

Councillor Tasker declared a personal interest in item 12 and left the meeting whilst this item was considered.

66.

Urgent Items

Minutes:

There were no urgent items.

67.

Minutes of the meeting held on 13 May 2020

Minutes:

Resolved:

 

That the minutes of the meeting held on 13 May 2020 be confirmed and signed as a correct record.

68.

Recommendations of the Overview and Scrutiny Committee: None

Minutes:

There were no recommendations to consider from the Overview and Scrutiny Committee.

69.

Revenue Outturn pdf icon PDF 251 KB

Finance

To present the Council’s 2019/20 revenue outturn position, explain the reasons for variances between the original estimate and the outturn and recommend how the surplus in the year should be treated.

Additional documents:

Decision:

Resolved:

1.  That the Council’s Revenue outturn for 2019/20, as shown in Annexes 1 and 2 to the report, be noted.

2.  That the reasons for the budget variances, as shown in paragraph 3 of the report, be noted.

3.  That the items shown in paragraph 3.21 of the report, totalling £93,800, be approved for carry forward into the 2020/21 revenue budget.

4.  That the transfer to the Local Development Fund Reserve of £103,400 as detailed in paragraphs 3.10 and 3.14 of the report be approved.

5.  That the transfer to the Chantry Centre Planned Maintenance Reserve of £445,900 as detailed in paragraph 3.11 of the report be approved.

6.  That the transfer of £603,600 to the General Fund Reserve as detailed in paragraph 4 of the report be approved.

 

Minutes:

Consideration was given to the report of the Finance Portfolio Holder which presented the Council’s Revenue outturn position for the year ended 31 March 2020.

 

The report showed a net General Fund expenditure of £11.298M. The Council’s Revenue outturn for 2019/20 showed a positive variance of £603,600 compared with the original estimate which represented a 5.1% favourable variance on the Council’s General Fund Requirements.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

1.  That the Council’s Revenue outturn for 2019/20, as shown in Annexes 1 and 2 to the report, be noted.

2.  That the reasons for the budget variances, as shown in paragraph 3 of the report, be noted.

3.  That the items shown in paragraph 3.21 of the report, totalling £93,800, be approved for carry forward into the 2020/21 revenue budget.

4.  That the transfer to the Local Development Fund Reserve of £103,400 as detailed in paragraphs 3.10 and 3.14 of the report be approved.

5.  That the transfer to the Chantry Centre Planned Maintenance Reserve of £445,900 as detailed in paragraph 3.11 of the report be approved.

6.  That the transfer of £603,600 to the General Fund Reserve as detailed in paragraph 4 of the report be approved.

 

70.

Capital Outturn pdf icon PDF 255 KB

Finance

To summarise the actual expenditure on capital projects in 2019/20, providing explanations for variations between estimated and actual expenditure.

 

To review the funding of the Capital Programme, and present a revised programme for 2019/20 to 2021/22

Additional documents:

Decision:

Resolved:

That the updated Capital Programme as shown in Annex 1 to the report be approved.

Minutes:

Consideration was given to a report of the Finance Portfolio Holder which summarised the Council’s Capital expenditure for 2019/20 and explained the reasons for variances from the forecast, including a summary of the total budget slippage within the Capital Programme.

 

The report contained recommendations for the carry forward of certain unspent capital budgets into 2020/21 and provided an updated capital programme for 2019/20 to 2021/22.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

That the updated Capital Programme as shown in Annex 1 to the report be approved.

71.

Asset Management Outturn pdf icon PDF 157 KB

Finance

To report the actual expenditure against budget for the Asset Management Plan in 2019/20 and to update the Asset Management Plan requirement for 2020/21.

 

Additional documents:

Decision:

Resolved:

1.  That the expenditure for the year on Asset Management projects, as shown in Annex 1 to the report, be noted.

2.  That the updated budget for Asset Management projects in 2020/21, as shown in Annex 2 to the report, be approved.

Minutes:

Consideration was given to the report of the Finance Portfolio Holder, which compared the actual expenditure on Asset Management Plan (AMP) projects with the approved budget for 2019/20.

 

The total revised AMP budget in 2019/20 was £3.302M. Actual expenditure in the year was £2.007M, which resulted in an overall positive variance of £1.295M. The main reasons for the budget variance were set out in the report.

 

The outturn position for 2019/20 had been reviewed, following which the AMP requirement for 2020/21 had been updated.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

1.  That the expenditure for the year on Asset Management projects, as shown in Annex 1 to the report, be noted.

2.  That the updated budget for Asset Management projects in 2020/21, as shown in Annex 2 to the report, be approved.

72.

Project Enterprise Outturn pdf icon PDF 142 KB

Finance

To review the financial performance of Project Enterprise activities in the 2019/20 financial year.

Decision:

Resolved:

That the outturn position for Project Enterprise investments in 2019/20 be noted.

 

Minutes:

Consideration was given to a report of the Finance Portfolio Holder which summarised the return on investment made during the 2019/20 financial year from Project Enterprise projects and compared the results with the original business case for each project.

 

The amount of investment in completed Project Enterprise projects at 31 March 2020 was £28.009M, of which £560,000 related to projects that were completed in 2019/20. Two further projects had been approved with a total 2020/21 budget of £1.609M.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

That the outturn position for Project Enterprise investments in 2019/20 be noted.

 

73.

Treasury Management Review pdf icon PDF 231 KB

Finance

To review the performance of the Treasury Management function in 2019/20

Additional documents:

Decision:

Resolved:

That the Annual Treasury Management Report for 2019/20 and the Prudential Indicators for the year as shown in the Annex to the report be noted.

Minutes:

Consideration was given to a report of the Finance Portfolio Holder which reviewed the performance of the Treasury Management function in 2019/20 compared with the forecasts and policies set out for last year. Investment income for the year was £25,700 more than included in the forecast.

 

The Council managed all the investments in-house in 2019/20. Most investments during the year were placed in call-accounts or fixed-term deposits for durations of up to one year, with the exception of investments to a Local Authority totalling £5M for five years.

 

The average return on investments for the year was 0.94% compared to the average 7 day Libid benchmark of 0.53%, an out-performance of 0.41%.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

That the Annual Treasury Management Report for 2019/20 and the Prudential Indicators for the year as shown in the Annex to the report be noted.

74.

Valley Housing Outturn and Business Plan Update pdf icon PDF 225 KB

Finance

To review the activity of Valley Housing Ltd in 2019/20 and receive an updated business plan for 2020/21 to 2022/23.

 

Decision:

Resolved:

1.  That the Directors’ annual report, as shown in Annex 1 to the report, be noted.

2.  That the updated Business Plan for 2020/21 to 2022/23, as shown in Annex 2 to the report, be approved.

Minutes:

Consideration was given to a report of the Finance Portfolio Holder which presented the directors’ report on the activity of the company in the 2019/20 financial year and updated its business plan for 2020/12 to 2022/23.

 

It was estimated that, after allowing for the financing costs associated with purchasing / developing the properties let to Valley Housing Ltd, the Council would generate over £90,000 of additional income in 2020/21.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

1.  That the Directors’ annual report, as shown in Annex 1 to the report, be noted.

2.  That the updated Business Plan for 2020/21 to 2022/23, as shown in Annex 2 to the report, be approved.

75.

Annual Governance Statement 2019/2020 pdf icon PDF 135 KB

Finance

To consider the Annual Governance Statement for 2019/20.

Additional documents:

Decision:

Recommended:

That the Annual Governance Statement for 2019/20 be approved and that the Leader and Chief Executive be authorised to sign it on behalf of the Council.

Minutes:

Consideration was given to the report of the Finance Portfolio Holder, which sought approval for the Annual Governance Statement, which accompanied the 2019/20 Statement of Accounts.

 

On the basis of Internal Audit work completed in 2019/20 only, the Deputy Chief Internal Auditor of Portsmouth City Council had provided a “substantial assurance” in respect of the Council’s risk management, control and governance arrangements.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Recommended:

That the Annual Governance Statement for 2019/20 be approved and that the Leader and Chief Executive be authorised to sign it on behalf of the Council.

76.

Community Assets - Guidance on requests for use of Compulsory Purchase Powers pdf icon PDF 228 KB

Community Assets

To consider approval of Guidance on requests for use of the Council’s compulsory purchase powers to acquire a community asset with onward transfer to the community.

 

Additional documents:

Decision:

Resolved:

That the “Guidance on requests for use of the Council’s compulsory purchase powers to acquire a community asset with onward transfer to the community” shown in annex 2 to the report be approved and adopted.

Minutes:

The Corporate Portfolio Holder presented a report which gave details of a proposed guidance note to assist communities contemplating requests to the Council to use its compulsory purchase powers to acquire a community asset with onward transfer to the community.

 

Increasingly over recent years, Councils were being asked by community groups or bodies to exercise their powers of compulsory purchase to buy assets which were of value to the community and at risk of being lost. To date, the Council had not received any formal requests, though had some tentative discussions.

 

The proposed guidance set out the level of supporting evidence the Council would need to see, enabling groups to put together effective requests. 

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

That the “Guidance on requests for use of the Council’s compulsory purchase powers to acquire a community asset with onward transfer to the community” shown in annex 2 to the report be approved and adopted.

77.

Negotiated Stopping Policy and Temporary Transit Agreement pdf icon PDF 137 KB

Corporate

To consider the Negotiated Stopping Policy and Temporary Transit Agreement.

Additional documents:

Decision:

Resolved:

1.  That the Negotiated Stopping Policy and Temporary Transit Agreement set out in the Annex to the report be approved and adopted from the date of any injunction order granted as described in paragraph 2 of the report.

2.  That authority is delegated to the Head of Legal and Democratic Services in consultation with the Corporate Portfolio Holder and Leader to finalise the wording of the Policy and Schedules, including inserting the provisions of any injunction order made.

Minutes:

The Corporate Portfolio Holder presented a report which presented a proposed Negotiated Stopping Policy and Temporary Transit Agreement.

 

Test Valley Borough Council intended to apply to the High Court for an Injunction Order prohibiting unauthorised encampments and associated nuisances in certain areas of the Borough.

 

It was proposed that the Negotiated Stopping Policy and Temporary Transit Agreement be approved to supplement and function alongside any injunction obtained.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

1.  That the Negotiated Stopping Policy and Temporary Transit Agreement set out in the Annex to the report be approved and adopted from the date of any injunction order granted as described in paragraph 2 of the report.

2.  That authority is delegated to the Head of Legal and Democratic Services in consultation with the Corporate Portfolio Holder and Leader to finalise the wording of the Policy and Schedules, including inserting the provisions of any injunction order made.

78.

Scheme of Delegations to Officers pdf icon PDF 117 KB

Corporate

To approve the Council’s Scheme of Delegations to Officers.

 

Additional documents:

Decision:

Resolved:

That the Scheme of Delegations to Officers annexed to the report to Annual Council, in so far as it applies to the powers and duties of the Cabinet, be approved.

Minutes:

The report of the Corporate Portfolio Holder sought approval of the Council’s Scheme of Delegations to Officers in so far as it applied to the powers and duties of Cabinet.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

That the Scheme of Delegations to Officers annexed to the report to Annual Council, in so far as it applies to the powers and duties of the Cabinet, be approved.

79.

Eastleigh Borough Council/Test Valley Borough Council Liaison Group pdf icon PDF 118 KB

Corporate

To appoint the membership of the Eastleigh Borough Council/Test Valley Borough Council Liaison Group.

Decision:

Resolved:

ThatCouncillors Bundy, A Dowden, Finlay and Hatley be appointed to the Eastleigh Borough Council/Test Valley Borough Council Liaison Group.

Minutes:

The Corporate Portfolio Holder advised that the Borough Council has had a joint arrangement with Eastleigh Borough Council for many years to consider matters of mutual interest. It was necessary to appoint members to the Liaison Group annually.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

ThatCouncillors Bundy, A Dowden, Finlay and Hatley be appointed to the Eastleigh Borough Council/Test Valley Borough Council Liaison Group.

80.

Partnership for Urban South Hampshire (PUSH) pdf icon PDF 119 KB

Corporate

To appoint the Planning Portfolio Holder to the Partnership for Urban South Hampshire Committee.

Decision:

Resolved:

That the Planning Portfolio Holder be appointed to the Partnership for South Hampshire Committee.

Minutes:

The Corporate Portfolio Holder presented a report which advised that the Borough Council had a joint voluntary agreement with other local authorities in south Hampshire which aimed to improve the economic performance of the wider South Hampshire sub-region.

 

It was necessary to appoint a member to the Joint Committee. The Portfolio Holder proposed an alteration to the recommendation to reflect the updated name of the joint committee. The meeting consented to this alteration without discussion.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

That the Planning Portfolio Holder be appointed to the Partnership for South Hampshire Committee.

81.

Scrap Metal Dealers Hearing Sub-Committee pdf icon PDF 25 KB

Corporate

To appoint the membership of the Scrap Metal Dealers Hearing Sub-Committee.

Decision:

Resolved:

That the membership of the Scrap Metal Dealers Hearing Sub-Committee consist of three members drawn by the Head of Legal and Democratic Services from the membership of the Cabinet.

Minutes:

The Corporate Portfolio Holder informed Cabinet that, in accordance with the Constitution, Cabinet was required to establish a Sub-Committee to deal with hearing representations regarding applications for Scrap Metal Dealers Licences.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

That the membership of the Scrap Metal Dealers Hearing Sub-Committee consist of three members drawn by the Head of Legal and Democratic Services from the membership of the Cabinet.

82.

Release of developer contributions towards securing Home Wood pdf icon PDF 142 KB

Planning

To consider the release of developer contributions towards securing access to Home Wood.

Additional documents:

Decision:

Resolved:

1.  That existing Section 106 developer contributions secured for the delivery of the Forest Park be used to deliver and manage public access of Home Wood.

2.  That any future Section 106 developer contribution related to New Forest mitigation arising from planning permission granted for residential development at Park Farm, Stoneham (Policy COM5)  be used to deliver and manage public access of Home Wood.

3.  That the developer contributions outlined in recommendations 1 and 2 are transferred to Eastleigh Borough Council as lead authority in the delivery of Home Wood.

 

Minutes:

Consideration was given to the report of the Planning Portfolio Holder which set out the proposed release of developer contributions to Eastleigh Borough Council to help deliver public access to Home Wood, part of the Forest Park allocation contained within the Revised Local Plan (2016).

 

The Forest Park would provide a location for the current and future population of southern Test Valley and adjoining areas to access a range of informal recreation activities.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

1.  That existing Section 106 developer contributions secured for the delivery of the Forest Park be used to deliver and manage public access of Home Wood.

2.  That any future Section 106 developer contribution related to New Forest mitigation arising from planning permission granted for residential development at Park Farm, Stoneham (Policy COM5)  be used to deliver and manage public access of Home Wood.

3.  That the developer contributions outlined in recommendations 1 and 2 are transferred to Eastleigh Borough Council as lead authority in the delivery of Home Wood.

 

83.

Test Valley Local Plan - Refined Issues and Options Consultation pdf icon PDF 310 KB

Planning

To approve for public consultation the Council’s proposed Local Plan Refined Issues and Options document. 

 

To approve a revision to the Statement of Community Involvement in Planning to add an addendum reflecting temporary revised consultation arrangements whilst coronavirus restrictions are in place. 

 

Additional documents:

Decision:

Resolved:

1.  That the Test Valley Borough Local Plan Refined Issues and Options document, attached as Annex 1 to the report, be published for public consultation subject to the inclusion of the amendments set out in the update paper.

2.  That a revision be made to the Statement of Community Involvement in Planning to add an addendum to reflect temporary revised consultation arrangements, to apply whilst coronavirus restrictions are in place, as set out in Annex 2 to the report.

3.  That the Head of Planning Policy and Economic Development, in consultation with the Planning Portfolio Holder, be authorised to make changes of a minor nature to improve the presentation of and correct typographical errors in Annex 1 and Annex 2 prior to publication. 

Minutes:

Consideration was given to the report of the Planning Portfolio Holder which sought approval for public consultation on the Council’s proposed Local Plan Refined Issues and Options document as well as a proposed revision to the Statement of Community Involvement in Planning reflecting temporary revised consultation arrangements whilst coronavirus restrictions are in place.

 

The Council was working collaboratively with communities and wider stakeholders in preparing the next Local Plan and in informing its content and priorities. The Refined Issues and Options document was the latest stage in the preparation process for the new Local Plan.

 

The Planning Portfolio Holder proposed an alteration to the recommendation to reflect the alterations to the consultation document as set out in the update paper. The meeting consented to this alteration without discussion.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

1.  That the Test Valley Borough Local Plan Refined Issues and Options document, attached as Annex 1 to the report, be published for public consultation subject to the inclusion of the amendments set out in the update paper.

2.  That a revision be made to the Statement of Community Involvement in Planning to add an addendum to reflect temporary revised consultation arrangements, to apply whilst coronavirus restrictions are in place, as set out in Annex 2 to the report.

3.  That the Head of Planning Policy and Economic Development, in consultation with the Planning Portfolio Holder, be authorised to make changes of a minor nature to improve the presentation of and correct typographical errors in Annex 1 and Annex 2 prior to publication. 

84.

Members Champions pdf icon PDF 206 KB

Leader

To consider the appointment of Member Champions for 2020/21.

Decision:

Resolved:

That the Councillors as set out below be appointed to the following Member Champions roles for 2020/21:-

Councillor Matthews  Armed Forces 

Councillor P Lashbrook  Community Safety and Resilience

Councillor Baverstock  Culture and Heritage

Councillor Hamilton  Equality and Diversity

Councillor Donnelly  Member Development/Community Councillor Role

Councillor Andersen  Voluntary and Third Sector

 

Minutes:

Consideration was given to the report of the Leader which set out proposals for the appointment of Member Champion roles for 2020/21.

 

Member Champions were introduced in 2017 to act in an advisory capacity to Cabinet and have been involved with a number of projects and initiatives that have provided valuable research and insight into policy development and working practices.

 

Having considered the options and for the reasons set out in the report, Cabinet agreed to the following:

 

Resolved:

That the Councillors as set out below be appointed to the following Member Champions roles for 2020/21:-

Councillor Matthews  Armed Forces 

Councillor P Lashbrook  Community Safety and Resilience

Councillor Baverstock  Culture and Heritage

Councillor Hamilton  Equality and Diversity

Councillor Donnelly  Member Development/Community Councillor Role

Councillor Andersen  Voluntary and Third Sector