Agenda and minutes

Apologies for absence were received from Councillors J M Heron, M J Holloway and K Mills.

It was noted that, in accordance with Council Procedure Rule 4, Councillors B Gardner, M J Ovenden and P J Hawkins had been appointed as substitutes for Councillors J M Heron, M J Holloway and K Mills respectively.

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 (DPI) in Minute No. 6 (Decisions of the Cabinet Relating to Recommendations from the Scrutiny (Policy and Performance) Committee) by reason of his wife’s employment by Your Leisure and withdrew from the meeting for the consideration of the matter.

Councillor T A Bond declared a Disclosable Pecuniary Interest (DPI) in Minute No. 12 (Adoption of Waterloo Crescent, Dover, Conservation Area Character Appraisal) by reason of a hotel in the area being managed by his employer and withdrew from the meeting for the consideration of the matter.

To confirm the attached Minutes of the meeting of the Committee held on 18 April 2017.

The Minutes of the meeting held on 18 April 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, 13 and 14.

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.

There were no decisions taken by the Cabinet at its meeting held on 8 May 2017 in respect of recommendations from the Scrutiny (Policy and Performance) Committee.

Members received the decisions of the Cabinet relating to recommendations made by the Committee.

RESOLVED:       That the decisions be noted.

(Councillor T A Bond declared a Disclosable Pecuniary Interest (DPI) in Minute No. 6 (Decisions of the Cabinet Relating to Recommendations from the Scrutiny (Policy and Performance) Committee) by reason of his wife’s employment by Your Leisure and withdrew from the meeting for the consideration of the matter.)

There were no items of business for consideration.

(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

(i)      More Parking Spaces at Aycliffe

An e-petition on the Council’s website with 42 validated signatures was received from Mr G Dodd.

The petition states as follows:

“We the undersigned petition the council to provide more parking spaces at Aycliffe. This can be done by widening of roads where there are banks etc. A Survey and public consultation will be needed.

Parking at Aycliffe is now at a premium. Where people park it makes it difficult for emergency vehicles to get pass. Therefore widening of roads would provide more parking spaces and better access for emergency services.”

In accordance with the Council’s adopted Petition Scheme, the Committee will determine the action(s) to be taken in relation to the petition, which include:

(a)     To recommend to the relevant decision maker that they take the action requested in the petition;

(b)   To hold an inquiry into the matter, including meeting with any parties the committee is of the view would be appropriate to consult;

(c)     Requesting officers undertake research into the matter and report to a future meeting;

(d)     Request the Leader, Portfolio Holder or an officer to provide a written response to the petition organiser setting out the Council’s views about the request in the petition;

(e)     Take any other action within its remit that it considers appropriate; or

(f)      Take no further action. 

Petition - More Parking Spaces at Aycliffe

The Team Leader – Democratic Support advised that the petition in respect of parking at Aycliffe had been deferred to the next meeting at the request of the Petition Organiser.

RESOLVED:       That the update on the petition be noted.

The Scrutiny (Policy and Performance) Committee is requested by Cabinet to nominate a member to sit on the following:

Project / Policy Advisory Group                  Representative

Policy Advisory Group (Local Plan)            Representative of the Scrutiny (Policy & Performance) Committee

Investment Advisory Group                        Chairman of the Scrutiny (Policy & Performance) Committee

These are both annual appointments for the municipal year 2017/18.

For information, the nominee for the Project Advisory Group (Local Plan) 2016/17 was Councillor K Mills.

Councillor M I Cosin proposed that the appointments from the previous municipal year be continued. It was moved, duly seconded and

RESOLVED:       That it be recommended to Cabinet that Councillor K Mills be appointed as the representative for the Scrutiny (Policy and Performance) Committee on the Policy Advisory Group (Local Plan).

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 updates on Deal Pier and the Tower Hamlets scaffolding item be provided to future meetings.

RESOLVED:       That the Work Programme be noted subject to the inclusions of the items on Deal Pier and Tower Hamlets.

To consider the attached report of the Chief Executive.

The Chairman with the consent of the meeting announced that the order of business would be varied to take the Performance Report – Quarter 4 2016/17 after the items on Waterloo Crescent and Nelson Street.

The Principal Heritage Officer presented the report advising that following the public consultation on the Draft Waterloo Crescent Conservation Area Appraisal a number of modifications were proposed in light of the representation received.

Members were reminded that the draft appraisal recognised that it was the quality of the buildings, their homogeneity in design, materials and scale, in addition to their setting and their direct relationship to the coast which had a significant and defining influence on the character and appearance of the Conservation Area. To that end the buildings were considered as being central to the character of the Conservation Area rather than the open spaces and although the draft appraisal had considered extending the Conservation Area to include Granville Gardens, the garden to the seaward side of the Gateway flats and the esplanade and beach in front of Waterloo Mansions, it had been decided not to proceed with extending the Conservation Area. In addition, existing policies meant that these areas were already considered to be protected open space and subject to policy DM25 in respect of any proposed development.

In respect of consultation responses that had suggested the extension of the Conservation Area to include De Bradelei Wharf, this had been rejected on the grounds that it lacked the homogenous architectural and historic character of the buildings currently within the Conservation Area.

Members considered the consultation responses and discussed how and by what means the Council communicated with the public during and after the consultation. The issue of ‘digital exclusion’ was raised and it was agreed to add an item to the work programme on digital consultation.

RESOLVED:       That it be recommended to Cabinet, in accordance with Decision CAB190:

(a)    That the proposed responses to the representations received and the resulting modifications to the Waterloo Crescent Conservation Area Character Appraisal as set out in Appendix 1 to the report be approved.

(b)    That the Waterloo Crescent Conservation Area Character Appraisal as a Local Development Document as set out in Appendix 2 be adopted.

(c)    That the Head of Regeneration and Development, in conjunction with the Portfolio Holder, be authorised to make any necessary editorial changes to the Waterloo Crescent Conservation Area Appraisal to assist with clarity, consistency, explanation and presentation.

(Councillor T A Bond declared a Disclosable Pecuniary Interest (DPI) in Minute No. 12 (Adoption of Waterloo Crescent, Dover, Conservation Area Character Appraisal) by reason of a hotel in the area being managed by his employer and withdrew from the meeting for the consideration of the matter.)

To consider the attached report of the Chief Executive.

The Principal Heritage Officer presented the report on the three proposed extensions to the Nelson Street, Deal Conservation Area.

Members were advised that the owners/occupiers of the thirteen affected properties had been consulted and two responses had been received, both supporting the proposals.

In response to a question on the delay in consulting on the proposed Article 4 Direction, restricting the permitted development rights of the properties in the Conservation Area, it was stated that the extensions to the Conservation Area had to be completed prior to the consultation on the Article 4 Directions being undertaken.

RESOLVED:       That it be recommended to Cabinet that, in accordance with Decision CAB191, the three proposed extensions of the Nelson Street, Deal Conservation Area boundary, as set out at Appendix 1 of the report, be approved.

To consider the attached report of the Director of Governance.

The Director of Governance introduced the Performance Report – Quarter 4 2016/17.

There were 23 Green, 5 Amber and 6 Red Performance Indicators for Quarter 4, 2016/17, which represented an improvement on Quarter 3 (23 Green, 3 Amber and 8 Red). In total, 80% of the indicators were either Green or Red.

The red performance indicators for Quarter 4, 2016/17 were as follows:

·         HOU010a (Number of households living in Temporary Accommodation including B&B)

·         HOU010b (Number of households in bed and breakfast)

·         PSH007 (Number of DFG applications completed)

·         WAS010 (Residential household waste per household)

·         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)

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

The focus of the Performance Report for Quarter 4 was Environmental Health.

In response to a question, Members were advised that indicators HOU010a and HOU010b were not affected by any London overspill but rather reflected a rising national trend in respect of homelessness. In addition, the duty to house remained with the authority that placed tenants so the Council’s housing allocation wouldn’t be affected by London overspill and local connection was one of the criteria for allocating housing.

The rise in the number of children in B&B and temporary accommodation over the course of the year was noted and the Director of Finance, Housing and Community advised Members that the Council was trying to acquire additional property to house families on a temporary basis and keep them out of B&B accommodation.

In respect of indicator EKHL1 (Average time taken to re-let council dwellings) the Director of Customer Services (East Kent Housing) stated that the re-letting time had improved from 14.37 days in Quarter 1 to 7.23 days in Quarter 4. It was acknowledged that in instances where the Council had to go to court to repossess an abandoned property there could be a longer delay in re-letting.

The Chief Executive stated that in respect of indicator PLA001, there was a need for the Planning Committee and officers to better understand the direction of national policy in order to ensure a consistency in decision making and a reduced number of successful appeals.

RESOLVED:       That it be recommended to Cabinet, in accordance with Decision CAB193, that the Council’s Performance Report and Actions for the 4th Quarter 2016/17 be noted.

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 Appropriation of Land for Play Areas.

Members welcomed the proposed appropriations of land at Barwick Road, Dover and Cowdrey Square, Deal.

RESOLVED:       That it be recommended to Cabinet, in accordance with Decision CAB192:

(a)    That appropriate land at Barwick Road, Dover (as shown on the map at Appendix 1 to the report) to be held for the purpose of Part II of the Housing Act 1985.

(b)    That the Director of Environment and Corporate Assets be authorised to give statutory notice of the Council’s intention to appropriate land at Cowdray Square, Deal (as shown on the map at Appendix 2 to the report) to be held for the purposes of Part ll of the Housing Act 1985, to consider any objections received in response to that notice and to make the appropriation/or not as he considers appropriate.

It was moved by Councillor R J Frost, duly seconded and

RESOLVED:       That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the remainder of the business on the grounds that the items to be considered involve the likely disclosure of exempt information as defined in paragraph 3 of Part I of Schedule 12A of the Act.

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

The Principal Leisure Officer presented the report on the St Radigund’s Play Area Project.

RESOLVED:       That it be recommended to Cabinet, in accordance with Decision CAB199, that a new play area facility be provided at St Radigund’s, and the contract for the development be awarded to Wicksteed Leisure Ltd for the consideration set out in the report, subject to satisfying planning conditions.

The Chairman expressed the Committee’s condolences to all those affected by the Manchester Arena bombing of 22 May 2017.