Agenda and minutes

Cabinet
Monday, 3rd June, 2019 11.00 am

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    Contact: Kate Batty-Smith  Democratic Services Officer

    Items
    No. Item

    1.

    Apologies

    To receive any apologies for absence.

    Minutes:

    There were no apologies for absence.

    2.

    Declarations of Interest pdf icon PDF 37 KB

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

    Minutes:

    Councillor S C Manion declared an Other Significant Interest in Agenda Item 8 (Draft Upper Deal Conservation Area Character Appraisal) by reason that he was a church warden at St Leonard’s Church, Deal, and left the Chamber during consideration of the item.

    3.

    Record of Decisions pdf icon PDF 61 KB

    The Decisions of the meeting of the Cabinet held on 16 April 2019 numbered CAB 107 to CAB 113 (inclusive) are attached.

    Minutes:

    It was agreed that the decisions of the meeting of the Cabinet held on 1 April 2019, as detailed in decision numbers CAB 107 to CAB 113, be approved as a correct record and signed by the Chairman.

    4.

    Public Spaces Protection Order pdf icon PDF 92 KB

    To consider the attached report of the Head of Regulatory Services.

     

    Responsibility: Portfolio Holder for Planning and Regulatory Services

    Additional documents:

    Minutes:

    It was agreed:

     

    (a) That, having regard to the conditions within Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014, the variation of the Public Spaces Protection Order (Dover District Council) 2018 be approved.

     

    (b) That authority be delegated to the Head of Regulatory Services to carry out all necessary publicity required by virtue of the Anti-Social Behaviour, Crime and Policing Act 2014 (Publication of Public Spaces Protection Orders) Regulations.

     

          (c) That the amount of any fixed penalty notice issued under Section 

          68 of the Act be approved at £75.

     

    5.

    Revised Statement of Policy and Principles 2019-2022 Issued Under the Gambling Act 2005 pdf icon PDF 73 KB

    To consider the attached report of the Head of Regulatory Services.

     

    Responsibility: Portfolio Holder for Transport and Licensing

    Additional documents:

    Minutes:

    It was agreed:

     

    (a) That the draft revised Statement of Policy and Principles under the Gambling Act 2005, and the commencement of a period of public consultation between 10 June and 22 July 2019, be approved.

     

         (b) That the Portfolio Holder for Transport and Licensing be authorised in the  following terms:

     

    (i)    In the event that no consultation responses are received, that the Portfolio Holder proposes adoption of the Statement of Policy and Principles to the full Council without modification.

     

    (ii)   In the event that limited consultation responses are received, that the Portfolio Holder proposes adoption of the Statement of Policy and Principles to the full Council with modification.

     

    (iii)   In the event that significant consultation responses are received, that the Portfolio Holder refers the matter back to Cabinet in order that it may make a proposal to full Council.

     

    6.

    Local Government (Miscellaneous Provisions) Act 1976 - Request for Increase in Hackney Carriage Fare Tariff pdf icon PDF 86 KB

    To consider the attached report of the Head of Regulatory Services.

     

    Responsibility: Portfolio Holder for Transport and Licensing

    Additional documents:

    Minutes:

    It was agreed that a period of consultation with the trade and public on the maximum fare increases proposed by the Dover Federation of Taxi Operators be approved, and any representations be considered at a future meeting.

    7.

    Draft Deal - Victoria Road and Wellington Road Conservation Area Character Appraisal pdf icon PDF 68 KB

    To consider the attached report of the Head of Regeneration and Development.

     

    Responsibility: Portfolio Holder for Planning and Regulatory Services

    Additional documents:

    Minutes:

    It was agreed:

     

    (a)  That a 6-week period of public consultation be carried out on the draft Deal – Victoria Road and Wellington Road Conservation Area Character Appraisal.

     

    (b) That Officers, in consultation with the Portfolio Holder, be charged with undertaking a review of current policy and practice towards changes towards changes to unlisted buildings in conservation areas, covering issues such as the implementation and purpose of the policies, and to report back to a future meeting of Cabinet.

     

    (c) That the Head of Planning, Regeneration and Development be authorised to make any necessary editorial changes to the appraisal to assist with clarity, consistency, explanation and presentation, in consultation with the Portfolio Holder. 

    8.

    Draft Upper Deal Conservation Area Character Appraisal pdf icon PDF 61 KB

    To consider the attached report of the Head of Regeneration and Development.

     

    Responsibility: Portfolio Holder for Planning and Regulatory Services

    Additional documents:

    Minutes:

    It was agreed:

     

    (a) That a 6-week period of public consultation be carried out on the draft Upper Deal Conservation Area Character Appraisal, as set out in Appendix 1 to the report.

     

    (b) That Officers be charged with undertaking a review of current policy and practice towards changes to unlisted buildings in conservation areas, covering issues such as the implementation and purpose of Article 4 directions, and to report back to a future meeting of Cabinet.

     

    (c) That the Head of Planning, Regeneration and Development be authorised to make any necessary editorial changes to the appraisal to assist with clarity, consistency, explanation and presentation, in consultation with the Portfolio Holder.

     

    9.

    Annual Governance Assurance Statement 2018/19 pdf icon PDF 77 KB

    To consider the attached report of the Head of Governance.

     

    Responsibility: Portfolio Holder for Finance and Governance

    Additional documents:

    Minutes:

    It was agreed:

     

    (a) That the Annual Governance Assurance Statement 2018/19 be approved, and the Leader of the Council and the Head of Paid Service be requested to sign the statement on behalf of the Council.

     

    (b) That the Governance Committee be asked to accept the Annual Governance Assurance Statement 2018/19 alongside the 2018/19 Statement of Accounts.

     

     

    10.

    Improvement Works to Deal Depot pdf icon PDF 54 KB

    To consider the report of the Strategic Director (Operations and Commercial) (to follow).

     

    Responsibility: Portfolio Holder for Environment and Commercial Services

    Minutes:

    It was agreed that the proposed improvement works to the Council’s parks and open spaces depot at Deal Cemetery be approved.

     

    11.

    Performance Report - Fourth Quarter 2018/19 pdf icon PDF 52 KB

    To consider the attached report of the Chief Executive.

     

    Responsibility: Portfolio Holder for Finance and Governance.

    Additional documents:

    Minutes:

    It was agreed that the Council’s Performance Report and Actions for the Fourth Quarter 2018/19 be noted.

     

    12.

    Appointment of Member Representatives to Outside Bodies 2019/20 pdf icon PDF 85 KB

    To consider the attached report of the Head of Governance.

     

    Responsibility: Leader of the Council

    Minutes:

    It was agreed:

     

    (a)  That the following appointments to outside bodies for 2019/20 be approved, on the proviso that they may change as a result of the outcome of (b):

     

    Action with Communities        1 Year            Cllr D Beaney

    in Rural Kent                                                Cllr M Rose

     

                Age Concern Deal                 1 Year            Cllr D Murphy    

                (Liaison Committee)

     

                Aylesham & District                1 Year            Cllr P Walker

                Workshop Trust

     

                Deal Fairtrade Steering          1 Year            Cllr T Bartett 

                Group

     

                Deal & Sandwich Coastal       1 Year            Cllr M J Holloway

                Community Team   

     

                Dover Bronze Age                  1 Year             Mr A Richardson

                Boat Trust

     

                Dover Coastal                         1 Year             Cllr N Collor

                Community Team                                           Cllr R Walkden

     

                Dover, Deal & District              1 Year             Cllr M Holloway

                Citizens’ Advice Bureau                                  Cllr C Vinson

     

    Dover District                           1 Year             Cllr M Holloway

    Volunteering Centre

     

    Dover Fairtrade Steering          1 Year            Cllr D Hannent

    Group

     

    East Kent Housing Board         1 Year            Cllr T Bond

     

    East Kent Housing Dover         1 Year            Cllr D Beaney

    Area Tenants’ Board                                       Cllr R Walkden

     

    East Kent Spatial                      1 Year            Cllr K Morris

    Development Company

     

    Industrial Communities             1 Year            Cllr S Manion        

    Alliance

     

    JAC Kent Downs AONB            1 Year            Cllr N Kenton

    Partnership

     

    Kent County Playing                   1 Year           Cllr T Bond

    Fields Association

     

    Kent Forum                                 1 Year           Cllr K Morris

     

    Local Enterprise                          1 Year           Cllr K Morris

    Partnership Board &

    Executive    

     

    Local Government                       1 Year           Cllr K Morris

    Association – General

    Assembly

     

    Mary Hougham Almshouses        4 Years         Cllr J Rose

     

    Municipal Charities of Dover        4 Years         Mrs A Napier

                                                                              Mrs P Beresford

                                                                              Mrs S Nicholas

     

    Police & Crime Panel                   1 Year          Cllr M Holloway

    for Kent

     

    River Dour Partnership                 1 Year          Cllr N Collor

     

    River Stour (Kent)                         1 Year          Cllr M Conolly

    Internal Drainage Board                                    Cllr P Jull

     

    Sandwich & Pegwell Bay              1 Year          Cllr S Chandler  

    National Nature Reserve

    Management Committee

     

    South East England Councils        1 Year         Cllr K Morris

    (SEEC)                                                              (sub: S Chandler)

     

    Tourism South East                        1 Year        Cllr M Holloway      

     

    (b)  That Officers be charged with undertaking a review of outside bodies appointments and to report back to Cabinet within two months.

     

    (c)  That the Leader of the Council be requested to nominate an alternative Member to substitute at meetings on an ad hoc basis when the appointed Member is not available (and where the constitution of the body allows this).

     

          (d) That the appointment of the Chief Executive to the Kent Forum be approved.

    13.

    Appointment of Project Advisory Groups 2019/20 pdf icon PDF 91 KB

    To consider the attached report of the Head of Governance.

     

    Responsibility: Leader of the Council

    Minutes:

    It was agreed:

     

    (a) That the membership of the Local Plan Project Advisory Group for the Council Year 2019/20 be established as follows:

     

    Portfolio Holder for Planning & Regulatory Services (Chairman); the Chairman of the Planning Committee (Vice-Chairman); a representative from the Scrutiny (Policy and Performance) Committee; Councillors S C Manion, T A Bond, D G Cronk and E A Biggs; a representative from the town and parish councils (Mr Keith Gowland representing the Kent Association of Local Councils and nominated substitute, Mr Jeffrey Loffman); three representatives from the voluntary sector (Mr Pat Sherratt – The Dover Society; Mr Robin Green – The Deal Society; and Mr Richard Ralph – Sandwich Town Team); and three representatives from the Business Forum (Mr Gareth Doodes – Dover College; Mr Mark Huntley – Megger Instruments Ltd; and Mr Matthew or Mr Stuart Jaenicke – Viking Recruitment).  (It was noted that the business representation would be expanded in due course to include businesses from Deal and Sandwich.) 

     

    (b) That the membership of the Dover Town Centre and Waterfront Project Advisory Group for the Council Year 2019/20 be established as follows: Portfolio Holder for Environment and Commercial Services (Chairman) and Councillors J S Back (Vice-Chairman), D Hannent, J Rose, K Mills, S H Beer and E A Biggs.

     

    (c) That the membership of the Homelessness Project Advisory Group for the Council Year 2019/20 be established as follows: Portfolio Holders for Housing and Health (Chairman), Planning and Regulatory Services (Vice-Chairman) and Finance and Governance; and Councillors P M Brivio and H M Williams.

     

    (d) That the membership of the Commercial Investment Project Advisory Group be established for the Council Year 2019/20 as follows: Portfolio Holders for Finance and Governance (Chairman) and Environment and Commercial Services, Leader of the Council; and Councillors P M Brivio and C F Woodgate. 

     

        (e) That the membership of the Residential Investment Project Advisory Group be established for the Council Year 2019/20 as follows: Portfolio Holders for Housing and Health (Chairman) and Finance and Governance; and Councillors J S Back (Vice-Chairman), P M Brivio and C F Woodgate.

     

    (f) That the membership of the Investment Advisory Group be established for the Council Year 2019/20 as follows: Portfolio Holder for Finance and Governance (Chairman), Chairman of the Governance Committee (Vice-Chairman), Chairman of the Scrutiny (Policy and Performance) Committee; and Councillors M J Holloway and C F Woodgate.

     

    14.

    Appointment of Developer Contributions Executive Committee pdf icon PDF 22 KB

    To consider the attached recommendation.

     

    Minutes:

    It was agreed that the membership of the Developer Contributions Executive Committee for the Council Year 2019/20 be approved as follows: Leader of the Council (Chairman) and the Portfolio Holders for Planning and Regulatory Services, Community and Tourism and Housing and Health.

    15.

    Appointment of Dover Joint Transportation Board Vice-Chairman pdf icon PDF 21 KB

    To consider the attached recommendation.

     

     

    Minutes:

    It was agreed that Councillor J S Back be appointed Vice-Chairman of the Dover Joint Transportation Board for the Council Year 2019/20.

     

    16.

    Exclusion of the Press and Public pdf icon PDF 39 KB

    The recommendation is attached.

     

    MATTERS WHICH THE MANAGEMENT TEAM SUGGESTS SHOULD BE CONSIDERED IN PRIVATE AS THE REPORT CONTAINS EXEMPT INFORMATION AS DEFINED WITHIN PART 1 OF SCHEDULE 12A OF THE LOCAL GOVERNMENT ACT 1972 AS INDICATED AND IN RESPECT OF WHICH THE PROPER OFFICER CONSIDERS THAT THE PUBLIC INTEREST IN MAINTAINING THE EXEMPTION OUTWEIGHS THE PUBLIC INTEREST IN DISCLOSING THE INFORMATION

    Minutes:

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

    17.

    Purchase of New Affordable Housing at 113 Folkestone Road, Dover

    To consider the attached report of the Strategic Director (Corporate Resources)

     

    Responsibility: Portfolio Holder for Housing and Health

    Minutes:

    It was agreed:

     

    (a)  That a project to acquire eight affordable homes on land to be developed at 113 Folkestone Road, Dover be approved.

     

    (b)  That the Strategic Director (Corporate Resources) be authorised, in consultation with the Portfolio Holder for Housing and Health, to take the necessary decisions and actions to progress the project and purchase the properties including (but not limited to) agreeing the purchase price, approving the sale purchase agreements, making funding applications to Homes England and entering into subsequent funding agreements, appointing any necessary professional advisers, and entering into contracts for the provision of support to occupants of the homes.

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