Agenda and minutes

It was noted that there were no apologies for absence.

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

It was noted that there were no declarations of interest.

The Decisions of the meeting of the Cabinet held on 3 October 2016 numbered CAB 56 to CAB 66 (inclusive) are attached.

(a)  It was agreed, subject to (b) below, that the decisions of the meeting of the Cabinet held on 3 October 2016, as detailed in decision numbers CAB 56 to CAB 66, be approved as a correct record and signed by the Chairman.

(b)  It was agreed that, for clarity, Cabinet decision CAB 61 (a) (j) be  amended to read as follows:  

‘That a report be submitted to a future meeting of the Scrutiny (Policy and Performance) Committee on the feasibility of the Council undertaking a Compulsory Purchase Order in respect of the Regent Cinema building in the event the developer does not take the requested actions.  Cabinet noted that the Compulsory Purchase procedure should be considered as a measure of last resort and, even then, would only be taken as a measure to facilitate the acquisition of the property on behalf of a third party.  Provision of the above report would be subject to the expiry of the planning application deadlines at (b) above.’

The Notice of Forthcoming Key Decisions is included in the agenda to enable the Cabinet to identify future agenda items of public interest that should be subject to pre-scrutiny.

It was agreed that there were no forthcoming Key Decisions identified for pre-Scrutiny at this stage.

To consider the attached recommendations of the Scrutiny (Policy and Performance) Committee.

It was agreed that the Scrutiny (Policy and Performance) Committee’s recommendations, made at its meeting held on 20 September 2016 (Minute No 62), be approved as follows:

(i)            That the results of the most recent survey on lorry parking in the district be reported to a meeting of the Scrutiny (Policy and Performance) Committee in the next two months and that future surveys also consult with district members and not just parish councils.

(ii)           That it be recommended to the Cabinet that, given the importance of the district as the gateway to the UK and the Continent, the Minister for Transport be lobbied to introduce measures to make it easier for the Council to take enforcement action against illegal and dangerous lorry parking in the district.

To consider the attached recommendations of the Scrutiny (Policy and Performance) Committee.

It was agreed:

(a)  That the Scrutiny (Policy and Performance) Committee’s endorsement of Cabinet decision CAB 66, made at its meeting held on 11 October 2016 (Minute No 76), be acknowledged.

(b)  That Cabinet decision CAB 66 be reaffirmed.

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

Responsibility: Portfolio Holder for Property Management and Public Protection

(a)  It was agreed that the submission of a Round One Application to the Heritage Lottery Fund for a Heritage Grant for Maison Dieu (Dover Town Hall) be approved.

(b)  It was agreed to recommend to Council that the Budget and Policy Framework be amended to increase the monies allocated to this project in the Capital Programme from £2 to £3 million.

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

Responsibility: Portfolio Holder for Environment, Waste and Planning

It was agreed:

(a)  That the continuation of Energy Deal, the Collective Energy Switching Scheme, in partnership with other Kent local authorities, be approved. 

(b)  That, pending the outcome of a new Official Journal of the European Union (OJEU) procurement process, an interim contract be entered into with iChoosr, utilising East Riding of Yorkshire Council’s agreement.

(c)  That the continuation of the Council as Lead Authority be approved.

(d)  That the Director of Environment and Corporate Assets be authorised to take decisions in relation to future collective switching contracts.

To consider the attached report of the Director of Governance.

Responsibility: Portfolio Holder for Property Management and Public Protection

It was agreed that Option 2, Scenario A (i.e. combination of directly employed Environmental Enforcement Officers and use of external contractors, with DDC charged for each successfully issued Fixed Penalty Notice) be approved.

To consider the attached report of the Director of Governance.

Responsibility: Portfolio Holder for Property Management and Public Protection

It was agreed:

(a)  That the issue of Fixed Penalty Notices (FPNs) for small scale fly-tipping offences, contrary to Section 33(1)(a) of the Environmental Protection Act 1990, be approved. 

(b)  That the level of the FPNs be set at £400.

(c)  That powers be delegated to the Head of Regulatory Services to authorise persons to act as ‘authorised officers’ under Section 33ZA (12) of the Environmental Protection Act 1990 for the purposes of issuing FPNs.

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

Responsibility: Portfolio Holder for Skills, Training, Tourism, Voluntary Services and Community Safety

It was agreed:

(a)  That the Dover District Council Community Grants awarded during the 2016/17 grants scheme, as set out at Appendix 1 of the report, be approved.

(b)  That the £480 underspend for the Dover West area be rolled over to the grant pot for use in the Dover West area in 2017/2018.

To consider the attached report of the Director of Governance.

Responsibility: Portfolio Holder for Corporate Resources and Performance

It was agreed that the Council’s Performance Report and Actions for the Second Quarter 2016/17 be noted.

That, in accordance with the provision of the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000, the press and the public be excluded during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A of the Local Government Act 1972.

To consider the report of the Chief Executive (to follow).

Responsibility: Leader of the Council

It was agreed:

(a)  That progress on the Aylesham Development be noted.

(b)  That the Heads of Terms for the Deed of Variation be approved, and the Planning Delivery Manager be authorised to approve the final document, in consultation with the Leader of the Council and the Chief Executive.

(c)  That the Planning Delivery Manager be authorised to negotiate the acquisition of the Market Square retail units and third-party land within the development site (to be funded from an element of the anticipated capital receipt), in consultation with the Director of Environment and Corporate Assets and the Portfolio Holder for Corporate Resources and Performance.

To consider the attached report of the Director of Property Services, East Kent Housing

Responsibility: Portfolio Holder for Housing, Health and Wellbeing

It was agreed:

(a)  That the award of a new heating contract to P&R Installations Co Ltd be approved, subject to the 30-day notice period required by Section 20 of the Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003.

(b)    That the Head of Strategic Housing be authorised to discharge functions associated with the award of a long-term agreement (including having regard to observations received prior to awarding the contract), as required by Section 20 of the Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003, and to confirm the award of the contract (or report further to Cabinet as appropriate).