Agenda, decisions and draft minutes

Cabinet
Wednesday 15 July 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

109.

Public Participation

Minutes:

No members of the public registered to speak.

110.

Declarations of Interest

Minutes:

There were no declarations of interest.

111.

Urgent Items

Minutes:

There were no urgent items.

112.

Minutes of the meeting held on 17 June 2020

Minutes:

Resolved:

That the minutes of the meeting held on 17 June 2020 be confirmed and signed as a correct record.

113.

Recommendations of the Overview and Scrutiny Committee: None

Minutes:

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

114.

COVID-19 - Community Infrastructure Levy (CIL) and Section 106 Legal Agreements (S106) pdf icon PDF 233 KB

Planning

To consider amendments to the Community Infrastructure Levy Instalment Policy and the addition of a second round of bidding in 2020 under the Community Infrastructure Spending Protocol.

Additional documents:

Decision:

Resolved:

1.  That the CIL Instalment Policy be amended and payments deferred by six months as set out in Annex 2 to the report and delegated authority be given to the Planning Portfolio Holder and Head of Planning Policy & Economic Development to make minor amendments to the policy.

2.  That a second round of bidding under the adopted Spending Protocol be approved to be run between 1st September and 30th November 2020.

3.  That the current situation surrounding S106 be noted.

Minutes:

Consideration was given to the report of the Planning Portfolio Holder which summarised the Government’s approach to Community Infrastructure Levy obligations and S106 during the pandemic.

 

Many of the bids to the Council for release of CIL funds were received from parish councils and community groups. Due to the pandemic compiling a robust bid to justify releasing CIL funds for projects has proven difficult, it was therefore proposed a second round of bidding be approved.

 

Amending S106 via Deeds of Variation to include deferral periods would be a pragmatic approach to demonstrating the Council positive approach in the current situation and to facilitate the continued supply of house building.

 

The Planning Portfolio Holder proposed an alteration to the recommendation to provide clarity on the Council’s position. 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 CIL Instalment Policy be amended and payments deferred by six months as set out in Annex 2 to the report and delegated authority be given to the Planning Portfolio Holder and Head of Planning Policy & Economic Development to make minor amendments to the policy.

2.  That a second round of bidding under the adopted Spending Protocol be approved to be run between 1st September and 30th November 2020.

3.  That the current situation surrounding S106 be noted.

115.

COVID-19 Recovery Plan pdf icon PDF 230 KB

Leader

To receive details of the Council’s approach to recovery as a result of the COVID-19 pandemic and consider the COVID-19 Recovery Plan.

Additional documents:

Decision:

Resolved:

That the Council’s COVID-19 Recovery Plan as set out in the Annex to the report be approved.

Minutes:

Consideration was given to the report of the Leader which set out the Council’s approach to recovery from the COVID-19 pandemic.

 

The Council’s recovery plan provides a specific structure for the COVID-19 recovery process in Test Valley with the strategic aim of “restoring the economic and social wellbeing of our communities in Test Valley” which would be achieved through a number of priorities.

 

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

 

Resolved:

That the Council’s COVID-19 Recovery Plan as set out in the Annex to the report be approved.

116.

Affordable Housing Supplementary Planning Document pdf icon PDF 229 KB

Housing and Environmental Health

To consider the adoption of the Affordable Housing Supplementary Planning Document and the updated Policy COM7.

Additional documents:

Decision:

Recommended:

1.  That the Affordable Housing Supplementary Planning Document attached as Annex 1 to the report is adopted in order to provide detailed guidance on affordable housing development to support the policies adopted in the Local Plan.

2.  That the revised wording of Policy COM7 adjusted to reflect the updated National Planning Policy Framework be approved.

3.  That the Head of Planning Policy and Economic Development, in consultation with the Planning Portfolio Holder and the Housing and Environmental Health Portfolio Holder, be given delegated authority to make minor amendments to the Affordable Housing Supplementary Planning Document from time to time to reflect changes in guidance and legislation.

 

Minutes:

Consideration was given to the report of the Planning Portfolio Holder and the Environmental Health and Housing Portfolio Holder which set out the revised Affordable Housing Supplementary Planning Document.

 

In August 2019 the Council publicised its draft Affordable Housing Supplementary Planning Document together with its Draft Affordable Housing Advice Note, with a public consultation process being undertaken. A number of representations were received from interested parties and considered alongside the draft document.

 

The wording of the Council’s Policy COM7 had been revised to reflect changes brought in by the revised National Planning Policy Framework which required that all “major developments”, defined as developments of 10 or more homes should provide on-site affordable housing. The previous COM7 had a threshold of 11+ dwellings and had therefore been amended to reflect the lower threshold of 10 dwellings.

 

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

 

Recommended:

1.  That the Affordable Housing Supplementary Planning Document attached as Annex 1 to the report is adopted in order to provide detailed guidance on affordable housing development to support the policies adopted in the Local Plan.

2.  That the revised wording of Policy COM7 adjusted to reflect the updated National Planning Policy Framework be approved.

3.  That the Head of Planning Policy and Economic Development, in consultation with the Planning Portfolio Holder and the Housing and Environmental Health Portfolio Holder, be given delegated authority to make minor amendments to the Affordable Housing Supplementary Planning Document from time to time to reflect changes in guidance and legislation.

 

117.

Exclusion of the Public pdf icon PDF 97 KB

The following item is confidential.

Decision:

Resolved:

 

That, pursuant to Regulation 4 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting for the consideration of the following report on the following matters on the grounds that they involve the likely disclosure of exempt information as defined in the following Paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972, as amended, indicated below. The public interest in maintaining the exemption outweighs the public interest in disclosing the information for the reason given below:

 

Estates Property Matters  Paragraph 3

It is considered that this report contains exempt information within the meaning of paragraph 3 of Schedule 12A of the Local Government Act 1972, as amended.  It is further considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information because the report and annexes necessarily disclose commercially sensitive financial information, relating to the Council and its partners and may fetter the Council’s ability to achieve best value from the project.

Minutes:

Resolved:

That, pursuant to Regulation 4 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting for the consideration of the following report on the following matters on the grounds that they involve the likely disclosure of exempt information as defined in the following Paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972, as amended, indicated below. The public interest in maintaining the exemption outweighs the public interest in disclosing the information for the reason given below:

 

Estates Property Matters  Paragraph 3

It is considered that this report contains exempt information within the meaning of paragraph 3 of Schedule 12A of the Local Government Act 1972, as amended.  It is further considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information because the report and annexes necessarily disclose commercially sensitive financial information, relating to the Council and its partners and may fetter the Council’s ability to achieve best value from the project.

118.

Estates Property Matters

Finance

To consider a property investment proposal in Andover.

Decision:

Recommended:

1.  That subject to the completion of due diligence work (paragraphs 9.2 and 9.3 of the report), the Council approves the project described in the report and authorises officers to take all steps necessary to complete the project.

2.  That funding for the project be approved from the Capital Receipts Reserve within the limits described in paragraph 8.6 of the report.

Minutes:

Consideration was given to the report of Finance Portfolio Holder which considered a property investment proposal.

 

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

 

Recommended:

1.  That subject to the completion of due diligence work (paragraphs 9.2 and 9.3 of the report), the Council approves the project described in the report and authorises officers to take all steps necessary to complete the project.

2.  That funding for the project be approved from the Capital Receipts Reserve within the limits described in paragraph 8.6 of the report.