Agenda and draft minutes

Cabinet
Monday, 19th July, 2021 11.00 am

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    Items
    No. Item

    18.

    Apologies

    To receive any apologies for absence.

    Minutes:

    Apologies for absence were received from Councillors M Bates and N S Kenton.

    19.

    Declarations of Interest pdf icon PDF 143 KB

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

    Minutes:

    Councillor O C De R Richardson declared an Other Significant Interest in Agenda Item 7 (Market Square Project) by reason that his son owned the Elephant and Hind public house in the Market Square.

     

    Councillor T J Bartlett declared an Other Significant Interest in Agenda Item 8 (Indemnification of Leader of the Council in Respect of Application for Judicial Review – Land North-West of Pegasus, London Road, Sholden) by reason that the decision could potentially affect his personal financial position.

    20.

    Release of Section 106 Monies from Aylesham Development for Recruitment of Grounds Maintenance Staff and Procurement of Equipment pdf icon PDF 145 KB

    Minutes:

    It was agreed:

     

    (a)  That the Overview and Scrutiny Committee’s recommendation, made at its meeting held on 12 July 2021 (Minute No 36), be accepted, as follows:

     

    That the decision of Cabinet taken on 5 July 2021 under CAB 15 should not be implemented until Cabinet has received a further report which clearly identifies both the geographic areas within the district in which the new resources are to be deployed and the appropriate means of financing the new resources, having regard to the principle that Section 106 monies received for the maintenance of the public realm in Aylesham cannot be used to defray expenditure incurred on grounds maintenance elsewhere in the district.

     

    (b)  That Cabinet decision CAB 15 be amended in line with (a) above.

    21.

    Future High Streets Fund pdf icon PDF 247 KB

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

     

    Responsibility: Portfolio Holder for Community and Corporate Property

    Minutes:

    It was agreed:

     

    (a)  That the project be approved in principle, and the Council be permitted to receive the grant of £3,196,497 and to act as accountable body to the Ministry of Housing, Communities and Local Government.  

     

    (b)  That the expenditure of £1,700,000 that has been allocated within the current Capital Programme as match funding for the project be approved.

     

    (c)   That £250,000 from the Capital Programme be set aside to support the next stage of the project, to be approved by the Strategic Director (Operations and Commercial), in consultation with the Portfolio Holder for Community and Corporate Property as required. 

     

     

    22.

    Electric Heating and Photo-Voltaic Installations at Affordable Housing Developments at Kimberley Close, Dover and Stockdale Gardens, Deal pdf icon PDF 163 KB

    To consider the report of the Head of Housing and Investment (to follow).

     

    Responsibility: Portfolio Holder for Social Housing and Port Health

    Additional documents:

    Minutes:

    It was agreed:

     

    (a)  That the upgrade to the incoming electricity main to Kimberley Close, allowing electric heating to be installed in lieu of gas, and the associated additional budget required, be approved.

     

    (b)  That the installation of enhanced photo-voltaic systems to both Kimberley Close and Stockdale Gardens developments, and the associated budget required, be approved.

    23.

    Exclusion of the Press and Public pdf icon PDF 108 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 items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 3 and 5 of Schedule 12A of the Local Government Act 1972.

    24.

    Market Square Project

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

     

    Responsibility: Portfolio Holder for Community and Corporate Property

    Minutes:

    It was agreed:

     

    (a)  That the delivery of the full scheme should be proceeded with, and that further funding should be sought from the Dover Town Team, Dover Town Council, Kent County Council and the Ministry for Housing, Communities and Local Government.

     

    (b)  That a report be brought back to Cabinet in October 2021.

    25.

    Indemnification of Leader of the Council in Respect of Application for Judicial Review - Land North-West of Pegasus, London Road, Sholden

    To consider the report of the Heads of Governance and Planning, Regeneration and Development (to follow).

     

    Responsibility: Portfolio Holders for Finance, Governance, Digital and Climate Change & Planning and Environment

     

    (In accordance with the provisions of Section 100(B)(4)(b), the Chairman agreed that this item, which was not detailed on the agenda, should be considered as a matter of urgency.  The Council needs to file a claim in respect of a planning decision without further delay, and the matter cannot wait until the next scheduled meeting of Cabinet in September)

     

    Minutes:

    It was agreed:

     

    (a)  That the Leader of the Council be requested to initiate Judicial Review proceedings.

     

    (b)  That the Leader of the Council be indemnified against personal costs arising from any application for Judicial Review pursuant to the Local Authorities (Indemnities for Members and Officers) Order 2004, Section 1 of the Localism Act 2011 and all other enabling powers.

     

    (c)   That the Head of Governance be requested to act on behalf of the Leader of the Council, and that the Leader be offered alternative Legal Representation should he so wish.

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