Agenda and minutes

An apology for absence was received from Councillor K Mills.

It was noted that, in accordance with Council Procedure Rule 4, Councillor P J Hawkins had been appointed as substitute for Councillor K Mills.

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

Councillor T A Bond declared a Disclosable Pecuniary Interest in Minute No. 158 (Your Leisure Funding Arrangements) by reason of his wife’s employment with Your Leisure and withdrew from the meeting for the consideration of the matter.

To confirm the Minutes of the meeting of the Committee held on 17 January 2017 (to follow).

The Minutes of the meeting held on 17 January 2017 were approved as a correct record and signed by the Chairman.

Please note that in accordance with the agreed Protocol for Public Speaking at Overview and Scrutiny, the right to speak only applies to agenda items 12 to 15.

The right of the public to speak does not apply to the following agenda items: Apologies, Appointment of Substitute Members, Declarations of Interest, Minutes, the Forward Plan, the Scrutiny Work Programme, any agenda item that is not accompanied by a written report and items that are exempt business.

Members of the public wishing to speak must register to do so by no later than 2.00 pm on the second working day before the meeting.

The Team Leader – Democratic Support advised that no members of the public had registered to speak on items on the agenda to which the public speaking protocol applied.

The Vice-Chairman announced that with the consent of Members she would permit public speaking in respect of the item on the Regent Cinema.

There were no items of business.

(a)    Items placed on the agenda by a Member of the Committee or any individual Non-Executive Member

       Any individual Councillor may request that a matter is placed on the agenda of one of the Council's Overview and Scrutiny Committees by providing Democratic Support with notice of the matter prior to the agenda being published.

       There are no items for consideration.

(b)    Items the subject of Call-In

       Executive Decisions may be called-in by the Chairman or Spokesperson of the Scrutiny (Policy and Performance) Committee or any three non-executive members.

       There are no items for consideration.

(c)    Public Petition

       There are no items for consideration.

There were no items of business.

The Vice-Chairman proposed that, with the consent of meeting, the order of business be varied to take Agenda Items 11 (Regent Cinema) and 15 (Performance Report – Quarter 3, 2016/17) next in proceedings.

RESOLVED:  That the order of the agenda be varied to take Agenda Items 11 (Regent Cinema) and 15 (Performance Report – Quarter 3, 2016/17) next in proceedings.

To receive an update from the Director of Environment and Corporate Assets on the progress made in respect of Cabinet Decision CAB61 (Regent Cinema – 3 October 2016).

The Director of Environment and Corporate Assets presented the update on the Regent Cinema.

Members were advised that the following progress had been made against the decision made by Cabinet at its meeting held on 3 October 2016:

CAB61(a)(a):       That Planning Officers be instructed to immediately cease providing pre-application advice to the developers of the Regent Cinema. Cabinet noted that the developers had recently been advised by the Chief Executive that the pre-application advice process had been exhausted and that they should proceed with a planning application as soon as possible.

Members were advised that officers had ceased providing pre-application advice although they remained in contact with the developers.

CAB61(a)(b):       That the developer be given 3 months to submit an outline planning application and 6 months to submit a full planning application for the Regent Cinema building and, if these deadlines are not met, the Council take enforcement action in respect of the building.

As of 14 February 2017 no application had been received. It was noted that an outline planning permission was not a requirement and that a full application could be submitted directly instead.

The Director of Environment and Corporate Assets advised that the deadline for the six months was considered to be 3 April 2017 and if no application had been received at that time the Council would explore the options available to it.

CAB61(a)(e):       That an immediate inspection of the Regent Cinema building be undertaken by Officers to look at whether a Section 215 notice can be issued and a report be provided to a future meeting of the Scrutiny (Policy and Performance) Committee outlining the action taken. Cabinet noted that Officers had visited the site the preceding week, and that the Section 215 process could potentially take up to 5 months should the developer appeal against the notice.

Planning Enforcement officers had visited the site on several occasions and the site was now tidier. In addition, the owners had undertaken the work that officers had requested to be made to the site. At this point there was no need to use Section 215 powers.

CAB61(a)(g):       That a local Fire Officer be requested to conduct an immediate inspection of the Regent Cinema building. Cabinet noted that the request had already been made and the outcome was awaited.

An inspection was undertaken and limited recommendations were made which have subsequently been completed.

CAB61(a)(h):       That the Director of Environment and Corporate Assets be requested as a matter of urgency to investigate if the condition of the Regent Cinema building is adversely affecting the Timeball Tower and take appropriate action. Cabinet noted that this matter was being investigated.

There were no concerns in the short term about the Regent Cinema building impacting on the Timeball Tower.

CAB61(a)(i):        That Officers be asked to investigate whether the correct level of business rates has been paid on the Regent Cinema building for its actual use over the last six years and the findings, including any action taken as a result,  ...  view the full minutes text for item 152.

To consider the attached report of the Director of Governance.

The Director of Governance presented the Performance Report for Quarter 3, 2016/17.

There were 23 Green, 3 Amber and 8 Red Performance Indicators for Quarter 3, 2016/17, which was an unchanged total from Quarter 2, although the performance of individual indicators had changed. The red performance indicators for Quarter 3, 2016/17 were as follows:

·             EKHC2           (Rent arrears as percentage of annual debit)

·             HOU010a       (Number of households living in temporary accommodation including B&B)

·             HOU010b       (Number of households in bed and breakfast.

·             WAS010         (Residual household waste per household)

·             PLA001           (The percentage of appeals against planning decisions which were successful for the applicant)

·             PLA002           (Percentage of major planning applications determined in 13 weeks (exc. section 106 agreements) or within an agreed extension of time or Planning Performance Agreement)

·             PLA003           (Percentage of minor planning applications determined in 8 weeks (exc. section 106 agreements) or within an agreed extension of time or Planning Performance Agreement)

·             PLA004           (Percentage of other planning applications determined in 8 weeks (exc. section 106 agreements) or within an agreed extension of time or Planning Performance Agreement)

In respect of indicators PLA001-004, Members were advised that there was a national shortage of planning officers which was impacting on the Council’s ability to recruit staff. The Council was working to train new planning officers and was using external contractors as well. In the event that the East Kent Council merger did not happen there was the potential for a shared service solution to provide increased resilience, such as the Council had done with other services such as ICT.

The Director of Customer Services (East Kent Housing) advised in respect of red indicator EKHC2 (Rent arrears as percentage of annual debit) that the arrears were lower than at the same time a year ago and that it was projected that the indictor would be achieved by year end. The impact of Universal Credit on arrears whilst a factor had not been as significant as had originally been expected.

In response to a question from Councillor S F Bannister concerning why indicator ENH15 (Number of Fixed Penalty Notices issued for dog fouling) had no target, it was stated that this was due to a combination of the intention to achieve behavioural change through education and the difficulty of catching offenders in the act.

The Head of Community Services advised that the new restructured community team bringing together community safety, community development and communication and engagement had settled in well and provided a renewed focus to how the Council worked with and supported the local community. There would be an open day held for Members to meet the restructured team.

The Council was able to reach 57,000 unique followers through ‘Keep Me Posted’ email alerts and inform them of Council initiatives and activities.

In November 2016 a successful Dover Skills and Business Expo was held to showcase local employers, colleges, universities and community organisations and was attended by over 300 people. In response to Councillor T A Bond’s question as to whether the event would  ...  view the full minutes text for item 153.

To consider the attached report of the Director of Finance, Housing and Community.

Due to its size, the Budget and Medium Term Financial Plan are attached as a supplement to this agenda to assist Members.

The Director of Finance, Housing and Community introduced the report on the Council Budget for 2017/18 and the Medium Term Financial Plan 2017/18-2020/21.

Members were advised that the General Fund budget for 2017/18 was balanced and General Fund reserves of £2.69 million were set. The proposed Council Tax increase for Dover District Council was £4.95. 

In respect of the Housing Revenue Account for 2017/18 this was also balanced with significant reserves maintained for 2017/18. There were future budget pressures arising from the 1% reduction in rents imposed by Government and the impact on any requirement to sell high value housing was uncertain.

The current Capital Programme was funded subject to the borrowing arrangements for the Dover Leisure Centre and the Property Investment Strategy.

Q1. Can you explain why at full Council Members were advised that the Council would be in dire financial straits by 2019 when the budget for 2017/18 indicates differently?

Members were advised that if the Council did nothing to address its financial situation it would face significant difficulties in future years as Government funding streams were reducing and expectations for service delivery were increasing.

While the East Kent Councils merger solution was one solution to this the Committee was advised that there were pros and cons to it and that there were other possible solutions.      

Q2. What happens if a business cannot pay its business rates during the process of appealing?

Members were advised that when a bill for business rates was issued it was collectable by the Council.

The recent revaluation for business rates by the Valuation Office Agency (VOA) saw an average increase of 2%, although within that there were some significant variances. The Council was also dependent on a small number of businesses for a significant portion of its business rates with the Channel Tunnel accounting for 32%.

The Council had undertaken the best modelling it could on the business rate revaluation and taken the most reasonable cautious view on business rates. 

Q3. How does the Council monitor and manage financial risk (‘red flags’) should they happen?

The quarterly Performance Report contained a summary of the risks facing the Council and Corporate Management Team monitored these and where appropriate recommended action to the Cabinet. In addition, the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly, had fortnightly meetings with the Director of Finance, Housing and Community to identify and discuss issues.

Members had also requested further supporting information on a number of points as followed:

S1. Please provide further information on the investment needed to generate a return of £500,000 and the likely split between borrowing and reserves.

Members were advised that investments were expected to yield c.6% gross and between 1.4 - 2% minimum net revenue provision. The biggest returns would be made from the use of reserves or cash balances as there were no loan repayment costs.

S2.    Please advise the number of FTE staff for 2016/17 and the projected number of FTE staff for 2017/18.

The average FTE  ...  view the full minutes text for item 154.

To consider the attached report of the Director of Finance, Housing and Community.

The Director of Finance, Housing and Community introduced the report on the Fees and Charges 2017/18.

Members were informed that the variation in the changes to the charges for Deal Pier related to the difference in day/night staffing costs and rounding of increases to whole numbers.

In respect of memorial safety work charges, Members were advised that the Council would undertake the work for safety reasons even if it was difficult to reclaim the charges due to the age of the memorials.

RESOLVED: That it be recommended to the Cabinet:

(a)  That the Fees and Charges (F&Cs) for 2017/18 as set out in Appendices 2 and 5.3 be approved.

(b)  That  it be agreed that any Fees & Charges be adjusted by the Service Director and Portfolio Holder to comply with any subsequently received government guidelines (when they are received) without being the subject of a further report unless they are materially different from current charges, or have a material impact on the level of income.

(c)  That the general principle that fees are set at an appropriate inclusive level, irrespective of VAT status, and that the VAT element within the overall fee level is then determined be agreed.

(d)  That the fees and charges approved by Licensing and Regulatory Committees (which includes the Planning Committee) set out in Appendices 3, 4, 5.1 and 5.2 be noted.

(e)  That it be agreed that the Director of Governance can authorise variation of the CON29 Land Charges to take account of the prevailing VAT requirements.

The Team Leader – Democratic Support presented the Notice of Forthcoming Key Decisions to the Committee for its consideration.

RESOLVED:   That the Notice of Forthcoming Key Decisions be noted.

The Team Leader – Democratic Support presented the Scrutiny Work Programme to the Committee for its consideration.

Members requested that a review of property investment be added to the work programme and that an update on the Regent Cinema be included in the work programme for April 2017.

RESOLVED: That the Work Programme be noted subject to the inclusion of an item on property investment and the update on the Regent Cinema.

To consider the attached report of the Director of Environment and Corporate Assets.

The Director of Environment and Corporate Assets presented the report on the Your Leisure Funding Arrangements.

Members were advised that a further report would be considered by the Cabinet in March 2017.

RESOLVED: That it be recommended to Cabinet that Decision CAB140 be endorsed and the proposed funding agreement for 2017/18 be approved.

(Councillor T A Bond declared a Disclosable Pecuniary Interest in Minute No. 158 (Your Leisure Funding Arrangements) by reason of his wife’s employment with Your Leisure and withdrew from the meeting for the consideration of the matter.)