BALA MAHENDRAN, CHIEF EXECUTIVE, THE BASILDON CENTRE, ST MARTIN'S SQUARE, BASILDON, ESSEX SS14 1DL. TELEPHONE (01268) CABINET

Transcription

1 BALA MAHENDRAN, CHIEF EXECUTIVE, THE BASILDON CENTRE, ST MARTIN'S SQUARE, BASILDON, ESSEX SS14 1DL. TELEPHONE (01268) CABINET Minutes of a meeting held on PRESENT: MINUTES Councillor Blake Councillor Moore Councillor Sullivan Councillor Turner (Chairman) Councillor Sargent Councillor Hedley Councillor Dadds ALSO PRESENT: Councillors Davies, Callaghan, Smith OFFICERS IN ATTENDANCE: Chief Executive, Commissioning Director (Resources and Place Shaping), Commissioning Director (People and Place), Committee and Member Services Team Manager, Head of Communications, Group Manager (Regulation), Manager of Audit and Governance, Service Manager Planning Policy and Regeneration Strategy, Principal Planning Officer, Planning Officer. Agendas and Minutes are published on the Council's website Agendas are available to view five working days prior to the meeting date and the Council aims to publish minutes within five working days of the meeting APOLOGIES FOR ABSENCE: There were no apologies of absence made at the meeting DECLARATIONS OF INTEREST: There were no declarations of interest made at the meeting MINUTES: The minutes of the meeting held on 28 April 2016 were agreed as a true record and signed by the Chairman.

2 CABINET Page 2 (For voting see Appendix, Column 1) 272. TASK AND FINISH REVIEW - LONDON AND CAMBRIDGE CONTRACT: The Chairman of the Overview and Scrutiny Commission presented a report that set out the findings of the task and finish review of the contract with London and Cambridge Properties (LCP). The review was established following a request from a now former Councillor that Members examine the London and Cambridge contract and the Pitsea Regeneration Project in light of the concerns that Morrisons would not be taking up the tenancy of the main retail unit. The Overview and Scrutiny Commission at its meeting on 15 June 2016 endorsed the report of the Task and Finish Group. The alternative option to refer the matter back to the Overview and Scrutiny Commission for further work was not considered necessary as it was felt that the review addressed the desired outcomes of the review as originally specified. The recommendations arising from the review for consideration were as follows:- 1. That the involvement of Borough Ward Members (including Essex County Council elected division Members) should be regular, and confidential information shared when timely and appropriate to help them in their role as community leaders. The involvement of Members would also help to identify initiatives and funding opportunities that would benefit the development of town centre regeneration. 2. That the developer and the Council should carry out proactive communication with businesses and the community during the implementation of the entire project. 3. Where the delivery of a regeneration project is predicated on securing an anchor tenant, the Council should keep a direct and open dialogue in place with key decision makers to manage the investment risk. 4. That in its role as community leader the Council should, at all stages of the project development, encourage its partners to ensure that local people are offered job opportunities and that local skills meet the needs of new and existing employers. That the recommendations contained within the task and finish group s report in respect of the London and Cambridge Contract have been considered and that the review recommendations be referred to the relevant Cabinet Member to consider and take action as appropriate. (For voting see Appendix, Column 2)

3 CABINET Page ANNUAL GOVERNANCE STATEMENT The Leader of the Council presented a report that sought approval of the Annual Governance Statement prior to its certification by himself and the Chief Executive. It would then be published alongside the Council s Statement of Accounts. The Annual Governance Statement provided assurance over the Council s Governance arrangements, together with an action plan to address areas for improvement. Assurance came from a variety of sources including officers both from a service perpective and those with individual corporate responsibilities. Assurance also came from the Audit and Risk Committee following consideration of the document at its meeting on 29 June The option to refer the Annual Governance Statement back to the Audit and Risk Committee was not considered as it gave robust challenge at its meeting on 29 June That the Annual Governance Statement (2015/16) as set out in Enclosure No. 1 to the report, be approved and formally certified by the Leader of the Council and Chief Executive. (For voting see Appendix, Column 3) 274. APPROVAL OF BASILDON BOROUGH STATEMENT OF COMMUNITY INVOLVEMENT The Cabinet Member for Planning presented a report that sought approval of the Statement of Community Involvement second revision July 2016 and referral to full Council for its adoption. It was reported that the Council was legally required to prepare and keep up to date a Statement of Community Involvement (SCI) which sets out how different people or organisations with an interest in planning in the Basildon Borough can become aware of the Council s consultation and engagement arrangements for activities it carries out as the Local Planning Authority. The SCI was subject to a 6 week statutory public consultation which closed on 12 November The alternative option not to revise the SCI was not considered as it was a legal requirement to comply with the consultation obligations, and these had been changed significantly since the last SCI was adopted in That the responses to the public consultation as set out in Enclosure No. 2 to the report are considered and the recommended changes are approved. 2. That the Statement of Community Involvement Second Revision July

4 CABINET Page as set out in Enclosure. No. 3 to the report be approved as the document which ensures active, meaningful and continued involvement of local communities and stakeholders in planning, and it be referred to full Council for adoption as a Local Development Document. (For voting see Appendix, Column 4) 275. CASTLE POINT BOROUGH COUNCIL NEW LOCAL PLAN CONSULTATION The Cabinet Member for Planning presented a report that sought approval to the Council s proposed response to Castle Point Borough Council s New Local Plan. Basildon Council, as a neighbouring Local Plan authority had been invited to comment on the Plan in accordance with the Town and Country Planning (Local Development)(England) Regulations The consultation was the final formal technical consultation prior to the New Local Plan being subject to examination by the Planning Inspectorate. Planning Officers had reviewed the New Local Plan and considered its principal impacts on Basildon Borough. The report set out the detail and rationale for Basildon Council s proposed response and covered Legal Compliance, Soundness, and Duty to Co-operate. The alternative options considered were as follows:- Option 1 The Cabinet could have determined not respond to the consultation. However, this would have affected the Council s ability to influence the Local Plan to ensure it did not adversely affect the Basildon Borough and its communities, as well as call into question whether the Council had met its Duty to Co-operate, under s.33a of the Planning and Compulsory Purchase Act In addition, it would have meant that the Council could not participate in the Examination in Public to defend its view and seek modifications. Option 2 Basildon Borough Council could have chosen to support Castle Point Borough Council in terms of their interpretation of evidence and legal duties. However, such an approach would have been against the Council s professional officer advice because firstly, it would have put the legal compliance and soundness of the Basildon Borough Local Plan at increased risk, and secondly, it would have meant the Council would need to look at further land releases from the Green Belt to help Castle Point meet its unmet housing supply shortfalls, which would be contrary to Basildon Borough Council s evidence base. That the Local Planning Authority s response to the Castle Point New Local Plan 2016 as set out at Enclosure No. 2 to the report, be approved and be permitted for submission to the statutory consultation. (For voting see Appendix, Column 5)

5 CABINET Page FINANCIAL OUTTURN 2015/16 The Cabinet Member for Resources presented a report that gave details of the overall financial outturn position for the financial year 2015/16 including the effect on reserves as at 31 March The report also set out the final position on earmarked and general reserves as a consequence of these outturns. It was explained that the Annual Financial Report was being audited and would not be finalised until after the external audit process was finished during July The figures therefore would be subject to revision. The report also commented on the first year of trading of the Council s wholly owned company, Sempra Homes. Cabinet noted the overall financial outturn position for 2015/16, including transfers to be made to earmarked reserves CABINET MEMBER DECISION RECORDS: The Cabinet noted those decisions taken since publication of the last agenda EXCLUSION OF PUBLIC AND PRESS: RESOLVED: That the public and press be excluded from the meeting during discussion of Agenda items 11, 12, and 13, on the grounds that it was likely that, if members of the public and press were present during the item, there would be a disclosure to them of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 as set out in Paragraph 10 of the Council s Access to Information Procedure Rules. (For voting see Appendix, Column 6) 279. FRYERNS AND CRAYLANDS REGENERATION SCHEME The Cabinet Member for Housing and Community Safety presented a report that gave an update on the proposed changes to the Fryerns and Craylands Regeneration scheme. The original Fryerns and Craylands scheme was approved by Cabinet in June 2007 with the arrangements for the delivery of the scheme set out in the Comprehensive Development Agreement to which the Council, the Homes and Communities Agency and Swan were party to. The alternative options available were set out in the report. 1. That, following consultation with the Cabinet Member for Resources,

6 CABINET Page 6 the Commissioning Director (Resourcing and Place Shaping) be authorised to make any necessary amendments to the Comprehensive Development Agreement and any other pertinent documents as are needed to complete the delivery of the Fryerns and Craylands redevelopment scheme. 2. That, following consultation with the Cabinet Member for Resources and the Commissioning Director (Resourcing and Place Shaping), the Service Manager Corporate Property be authorised to facilitate any land or property transfers required to ensure the completion of the Fryerns and Craylands redevelopment scheme. (For voting see Appendix, Column 7) 280. SEAX ESSEX BUILDING CONTROL SHARED SERVICE PROPOSAL TO DELIVER BUILDING CONTROL REGULATION SERVICES The Cabinet Member for Planning presented a report that sought agreement to grant delegated authority with the intention of formally joining the proposed SEAX Essex building Control Shared Service. In order to progress the formation of the partnership and its participation within it, a recommendation will be made to full Council to formally resolve to agree the discharge of their statutory functions under the relevant enactments to the host Authority, which is Colchester Borough Council. The alternative options available to the Cabinet were set out in the report for consideration. That Cabinet agrees: 1. To the principle of the Council joining the SEAX Essex Building Control Shared Service being hosted by Colchester Borough Council with effect from the planned operational launch date of January 2017, based upon acceptance of the following: Current financial information and projections The provisional timescales outlined in the mobilisation plan Acceptance of the draft Partnership Agreement (the governance arrangements). Subject to approval by Full Council of recommendation Number 4. below, 2. To give delegated authority to the Group Manager (Regulation) in consultation with Cabinet Member for Planning to:- a. approve any changes in the Host Authority Business Plan

7 CABINET Page 7 b. approve any variation in the Partnership Agreement and plans for the structure and operation of the SEAX Building Control Shared Service c. have final decision whether to enter into the Partnership Agreement and SEAX Building Control Shared Service d. enter into Partnership Agreement and SEAX Essex Building Control Shared Service e. terminate the Partnership Agreement and the SEAX Essex Building Control Shared Service Subject to approval by Full Council of recommendation Number 4 below. 3. To appoint the Cabinet Member for Planning to the SEAX Essex Building Control Partnership Management Board, when formed. Subject to approval by Full Council of recommendation Number 4 below. 4. That it be recommended to full Council that pursuant to Section 101 of the Local Government Act 1972, the statutory duties and powers pertaining to the Council s Building Control functions, as detailed in the SEAX Essex Building Control Partnership Agreement, be discharged on its behalf by Colchester Borough Council, subject to the acceptance of this by Colchester Borough Council, and from the later of; the signing of a Partnership Agreement or the 1 st October (For voting see Appendix, Column 8) 281. AWARD OF CONTRACT FOR THE ENGINEERING MINOR WORKS The Cabinet Member for Environment and Community presented a report that sought approval to award a contract for Engineering Minor Works following the expiry of the current contract. It was reported that works involved the delivery of repair works to council owned hard surfaces within the Borough. This work included general maintenance to car parks, open spaces, resurfacing and reconstruction of footways, ducting, street furniture, fencing and drainage. The alternative option to award the contract to another bidder was not considered as it would not be the most economically advantageous. 1. That the contract for Engineering Minor Works be awarded to H&B Groundworks Contractors for a period of seven years as they submitted the most economically advantageous bid taking into account both price and quality.

8 CABINET Page 8 2. That the contract be awarded in accordance within the terms of the tender. (For voting see Appendix, Column 9) CHAIRMAN

9 APPENDIX Pages 9 to 9 RECORDING OF VOTES Vote Number CONSERVATIVES Blake F F F F F F F F F Dadds F F F F F F F F F Hedley F F F F F F F F F Moore F F F F F F F F F Sargent F F F F F F F F F Sullivan F F F F F F F F F Turner F F F F F F F F F Vote Number KEY: F = In Favour A = Against - = Abstain O = Not present for vote P = Paired (abstained) * = Chairman used casting vote in line with first vote 9

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