Agenda, decisions and draft minutes

Cabinet - Monday, 23rd December, 2019 6.00 pm

Venue: Council Chamber, Catmose

Contact: Emma Powley  01572 720991

Items
No. Item

384.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

385.

ANNOUNCEMENTS FROM THE CHAIRMAN AND/OR HEAD OF THE PAID SERVICE

Minutes:

There were none.

386.

DECLARATIONS OF INTEREST

 

In accordance with the Regulations, Members are required to declare any personal or prejudicial interests they may have and the nature of those interests in respect of items on this Agenda and/or indicate if Section 106 of the Local Government Finance Act 1992 applies to them.

Minutes:

There were no declarations of interest.

387.

INTENTION TO HOLD PART OF THE MEETING IN PRIVATE

It is the intention that part of this meeting be held in private as it is likely that exempt information as defined in local government act 1972:

 

Consideration of the information in public would give rise to the disclosure of exempt information as described in paragraph [3] of Schedule 12A of the Local Government Act 1972 –

 

·         Information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

This relates to two separate appendices of the reports listed below:  

 

 

Housing Infrastructure Funding (Forward Funding) for the St George’s project.

 

St George's Business Zone Bid Submission

Minutes:

The Chair commented that an appendix included on the agenda contained exempt information. Exclusion of the press and public would be considered under item 14

388.

RECORD OF DECISIONS

 

To confirm the Record of Decisions made at the meeting of the Cabinet held on 19 November 2019.

Minutes:

The Record of Decisions made at the meeting of the Cabinet held on 19th November 2019 were agreed.

 

389.

ITEMS RAISED BY SCRUTINY

To receive items raised by members of scrutiny which have been submitted to the Leader (copied to Chief Executive and Governance).

Minutes:

The Chair noted that Cabinet had received items from GIR Scrutiny Committee held on the 19th December 2019 and the responsible Portfolio Holder would respond to those items at the relevant part of the agenda.

390.

INTEGRATED TRANSPORT CAPITAL PROGRAMME pdf icon PDF 183 KB

(KEY DECISION)

 

Report No.120/2019

Additional documents:

Decision:

Cabinet approved:

  1. The allocation of £701,167k of funding from the Integrated Transport grant to be spent in 19/20 and 20/21 in line with the breakdown set out in para 7.6 (table 5).

 

  1. The following delegations (some of which clarify/amend existing delegations as per Appendix C):

 

a)   Delegate authority to the Strategic Director for Places in consultation with the Portfolio Holder for Culture & Leisure, Highways & Transportation and Road Safety to:

i)     Approve the design, construction, or implementation of community led highway or transport initiatives (including accident cluster sites);

ii)    Approve the programme of works for passenger transport, public rights of way and RAG and other disability group identified schemes;

iii)  Create or modify traffic regulation orders in order to deliver schemes required to deliver approved projects, subject to the Traffic Regulation Order (TRO) complying with DfT guidance;

iv)  Approve the fleet replacement programme;

v)    Approve the evaluation criteria and any contract award for any procurement required to deliver the above delegations.

b)   Cabinet delegated authority to the Strategic Director for Places in consultation with the Portfolio Holder for Culture & Leisure and Highways & Transportation and Road Safety and the Portfolio Holder for Finance to approve:

i)     The design, construction, or implementation of Council identified priorities;

ii)    The evaluation criteria and any contract award for any procurement required to deliver the above delegations.

Minutes:

The Portfolio Holder for Culture & Leisure, Highways & Transportation and Road Safety elaborated on her report and noted that in September 2019 Rutland County Council had approved the counties fourth Local Transport Plan. An allocation of £701,167 of funding had been allocated from the integrated transport plan and the report sought approval for a number of funding allocations and delegations. It was reported that the cost of outsourcing transport could be £90,000 higher than the cost of using the in house fleet and was not considered as being value for money and the use of the in house service had been expanded to support wider transport operations to ensure best value. Consideration had been given to the purchase of electric and or hybrid minibuses but there were no suitable vehicles on the market but officers would continue to monitor advances in technology and changes in the market.

Councillor Brown the Portfolio Holder for Environment, Planning, Property, and Finance congratulated the work and achievements of Councillor Stephenson specifically with the Highways and Transport Working Group.

 

RESOLVED:

That the following be approved:

  1. The allocation of £701,167k of funding from the Integrated Transport grant to be spent in 19/20 and 20/21 in line with the breakdown set out in para 7.6 (table 5).

 

  1. The following delegations (some of which clarify/amend existing delegations as per Appendix C):

 

a)   Delegate authority to the Strategic Director for Places in consultation with the Portfolio Holder for Culture & Leisure, Highways & Transportation and Road Safety to:

i)     Approve the design, construction, or implementation of community led highway or transport initiatives (including accident cluster sites);

ii)    Approve the programme of works for passenger transport, public rights of way and RAG and other disability group identified schemes;

iii)  Create or modify traffic regulation orders in order to deliver schemes required to deliver approved projects, subject to the Traffic Regulation Order (TRO) complying with DfT guidance;

iv)  Approve the fleet replacement programme;

v)    Approve the evaluation criteria and any contract award for any procurement required to deliver the above delegations.

b)   Cabinet delegated authority to the Strategic Director for Places in consultation with the Portfolio Holder for Culture & Leisure and Highways & Transportation and Road Safety and the Portfolio Holder for Finance to approve:

i)     The design, construction, or implementation of Council identified priorities;

ii)    The evaluation criteria and any contract award for any procurement required to deliver the above delegations.

REASON FOR DECISION:

In order for the ITCP to continue to deliver transport and infrastructure improvements across Rutland it is recommended that cabinet and approve the funding allocations for 19/20 and 20/21 and to approve the delegations outlined within the report

391.

KETTON CENTRE (LIBRARY & COMMERCIAL HUB) - ACQUISITION OF LAND pdf icon PDF 1 MB

KEY DECISION

 

Report No. 187/2019

Decision:

Cabinet approved:

1.    The acquisition of land adjoining Ketton Centre [Library and Community Hub] from the Peterborough Diocese.

2.    The allocation of the sum of £ 7,200 of S106 monies towards the works for the scheme and that this project is added to the Capital Programme.

3.    That legal costs of c£2,500 are funded through the legal budget.

4.    Authorisation to the Director for Places, in consultation with the Cabinet Member with portfolio for Planning, Environment, Property and Finance to agree the final terms, including the precise area of land, generally in line with the Heads of Terms.

Minutes:

The Portfolio Holder for Environment, Planning, Property, and Finance submitted his report and elaborated thereon. He explained that the site had originally been acquired by the Council in 1972 from the Diocese of Peterborough and since that then, there had been a number of unsuccessful attempts to clarify boundaries and user rights as they had been reluctant to dispose of any land in the location. The Diocese had offered the council the freehold of the informal parking area for a nominal sum of £1.

RESOLVED:

1.    That the acquisition of land adjoining Ketton Centre [Library and Community Hub] from the Peterborough Diocese be approved

2.    That the allocation of the sum of £ 7,200 of S106 monies towards the works for the scheme and that this project be added to the Capital Programme.

3.    That legal costs of c£2,500 be funded through the legal budget.

4.    That authorisation be granted to the Director for Places, in consultation with the Cabinet Member with portfolio for Planning, Environment, Property and Finance to agree the final terms, including the precise area of land, generally in line with the Heads of Terms.

 

REASON FOR DECISION:

The recommendations set out in the report will enable the Council to improve and control the parking area, and to maintain the value of the Council’s asset [the Library] by providing controllable parking space.

 

392.

SKID RESISTANCE STRATEGY AND OPERATIONAL GUIDANCE AND THE PERFORMANCE MANAGEMENT FRAMEWORK FOR HIGHWAY ASSET MANAGEMENT pdf icon PDF 1 MB

KEY DECISION

 

Report No. 189/2019

Decision:

Cabinet approved the Skid Resistance Strategy and Operational Guidance and the Performance Management Framework for Highways Asset Management as part of the ongoing development of highways asset management in Rutland.

Minutes:

The Portfolio Holder for Culture and Leisure, Highways & Transport & Road Safety which sought Cabinet’s approval of the new Skid  Resistance Strategy and Operational Guidance and to request the approval of the Performance Management Framework for Highway Asset Management. She commented that the approval of this would ensure that the Councils budget was being spent wisely and where it was needed the most - improving the safety of residents.

 

RESOLVED:

 

That the Skid Resistance Strategy and Operational Guidance and the Performance Management Framework for Highways Asset Management be approved as part of the ongoing development of highways asset management in Rutland.

 

REASON FOR DECISION:

 

 

The DfT through the Incentive Fund is incentivising local highway authorities to adopt the risk-based approach to highway asset management. The Skid Resistance Strategy and Operational Guidance is part of the suite of documents demonstrating effective highway asset management of its principal road carriageway network.

 

 

 

ThePerformance ManagementFramework forHighways AssetManagement demonstrates the benefits of highway management and how the investment is improving Rutland’s highwayassets.

 

 

 

 

Cabinet endorses the adoption of the Rutland Skid Resistance Strategy and Operational Guidance and the Performance Management Framework.

 

 

 

 

CONCLUSION AND SUMMARY OF REASONS FOR THE RECOMMENDATIONS

 

 

 

 

 

 

 

 

393.

RUTLAND LOCAL PLAN - SPATIAL STRATEGY pdf icon PDF 116 KB

KEY DECISION

 

Report No. 188/2019

Additional documents:

Decision:

1.    Cabinet considered the assessment of the scale of development to meet identified needs as set out in Appendix 1 and determines the growth objectives for the Local Plan in terms of housing and employment land requirements.

 

2.    Cabinet considered the assessment of proposals set out in Appendix 2 regarding the distribution of development including the principle of establishing a garden community in Rutland as an appropriate amendment to the Spatial Strategy.

 

3.    Cabinet considered, subject to 1 above, the assessment of proposals to establish a garden community in Rutland as set out in Appendix 2 and agrees that: (a) the evidence available regarding the proposals to create a new community at Woolfox does not demonstrate that these are viable and deliverable; and (b) the evidence available regarding the proposals to create a new community at St. George’s demonstrates that these are viable and deliverable on the basis that Housing Investment Fund support is now confirmed.

 

4.    Cabinet considered and, subject to the above considerations, approved the Local Development Scheme as set out in Appendix 3 which establishes the timetable for the production of the Local Plan and associated development plan documents.

Minutes:

The Portfolio Holder for Environment, Planning, Property, and Finance submitted his report and responded to the questions and deputations that were submitted at the Growth, Infrastructure and Resources Scrutiny Committee held on the 19th December 2019 – appended to these minutes.

Following the response, the Portfolio Holder for Safeguarding – Adults, Public Health, Health Commissioning & Community Safety stated that he supported the opportunity to have a Garden City and that it should be considered as a positive opportunity for Rutland.

The Portfolio Holder for Children’s Services and Education echoed the opinion of the Portfolio Holder for Safeguarding – Adults, Public Health, Health Commissioning & Community Safety and considered the project to be exciting and visionary.

 

RESOLVED:

1.    That the assessment of the scale of development to meet identified needs as set out in Appendix 1 be considered and determines the growth objectives for the Local Plan in terms of housing and employment land requirements.

 

2.    That the assessment of proposals set out in Appendix 2 regarding the distribution of development including the principle of establishing a garden community in Rutland as an appropriate amendment to the Spatial Strategy be considered.

 

3.    That, subject to 1 above, the assessment of proposals to establish a garden community in Rutland as set out in Appendix 2 be considered and agreed that: (a) the evidence available regarding the proposals to create a new community at Woolfox does not demonstrate that these are viable and deliverable; and (b) the evidence available regarding the proposals to create a new community at St. George’s demonstrates that these are viable and deliverable on the basis that Housing Investment Fund support is now confirmed.

 

4.     That, subject to the above considerations, Cabinet considered and approved the Local Development Scheme be approved as set out in Appendix 3 which establishes the timetable for the production of the Local Plan and associated development plan documents.

 

REASON FOR DECISIONS:

          The report sets out the implications for the Local Plan regarding:

 

·       The new National Planning Policy Framework;

·       The quantum of new development to be proposed in the Local Plan; and

·       The distribution of development including an assessment of proposals for the creation of a potential new community in Rutland. 

 

Consideration of the issues will assist in the next stage in the process of preparing the Local Plan, which will be the publication of Pre-Submission Local Plan.  It is intended that this will be published in line with the timetable set out in this report.  The clear intention is to ensure that the plan is sound, positively prepared, justified, and effective, as well as being consistent with national policy and legally compliant.  In this regard, it should be noted that the revised NPPF includes the tests of soundness so that the Local Plan should be 'an appropriate strategy', and not 'the most appropriate strategy' as set out in the previous NPPF.

 

 

394.

PROGRESS REPORT ON ST GEORGE'S BARRACKS pdf icon PDF 223 KB

Report No. 184/2019

Decision:

Cabinet noted the progress update in respect of the St George’s Project.

Minutes:

The Chief Executive updated Cabinet and provided them with a summary of the progress to date. It was reported that work was still evolving on the master plan through various sub-groups, who were meeting regularly. Work on the Evolving Masterplan would continue into 2020. The meetings of the St George’s Advisory Group had been suspended and the Project Board was reviewing options to allow for further engagement with Parish Council’s and the wider community to give opportunity to influence the plans.

 

RESOLVED:

 

That the progress update in respect of the St George’s Project be noted.

 

REASON FOR DECISION:

 

Update members on the progress and inform members that the project is in line with the programme

395.

ST GEORGE'S BUSINESS ZONE BID SUBMISSION

KEY DECISION

 

Report No. 186/2019 – (Copy to follow)

Decision:

This item was withdrawn

Minutes:

This item was withdrawn

396.

HOUSING INFRASTRUCTURE FUND pdf icon PDF 73 KB

KEY DECISION

 

Report No.185/2019

Decision:

Cabinet supported in principle recommending to Council acceptance of the £29.4m Housing Infrastructure Fund grant.

Minutes:

 

The Chief Executive elaborated on a report which sought Cabinet’s support, in principle to recommend to Council acceptance of the £29.4m Housing Infrastructure Fund grant following the receipt of a letter from MHCLG on the 1st November 2019 that the Council had been successful in being awarded the £29.4 m HIF. Extensive work was being undertaken by officers, working closely with Homes England and the MOD to progress the draft Heads of Terms and other contractual documentation. It was noted that Homes England had completed a site visit but there was recognition that there was still a significant amount of work needed. It was noted that should Cabinet agree to recommending the acceptance of the HIF grant to Council, should Council agree the recommendation Rutland County Council would be the responsible authority although there would need to be continued engagement with te MOD; the majority of the cost-risk and the cost-overrun would however sit with the MOD, mitigating some of the risk to the Council.

 

The Portfolio Holder for Environment, Finance, Planning & Property noted that there were going to be no show stoppers but that the Council would be monitoring as many risks as possible to ensure that St George’s was best for Rutland.

 

The Portfolio Holder for Safeguarding – Adults, Public Health, Health-Commissioning & Community Safety commented that he did not regard any of the proposed terms and conditions for St George’s Garden as particularly onerous and would therefore support the recommendations contained within the report.

 

The Chief Executive noted that every effort was being taken to mitigate risks and that the Council would be ensuring that risk would be shared with partners based on the elements of the project that each had responsibility for.

 

RESOLVED:

 

That Cabinet supported in principle recommending to Council acceptance of the £29.4m Housing Infrastructure Fund grant.

 

REASON FOR DECISION:

 

To update Cabinet on progress in relation to the Housing Infrastructure Funding (HIF) (Forward Funding) for the St George’s project.

Cabinet is asked to support the continuation of ‘due diligence’ work under the guidance of Cllr Brown the Portfolio Holder. Cabinet will be updated weekly and the report for Council will progress when sufficient work has been completed to allow a recommendation to be made to Council.

The report seeks approval in principle for Cabinet support to recommend to Council acceptance of the £29.4m Housing Infrastructure Fund grant subject to satisfactory progress of the on-going work in relation to associated terms and conditions and contract negotiations with Homes England and the Ministry of Defence. Ideally this work will be concluded in time for the Council meeting on 20th January, as per the Forward plan. If not further progress reports will be presented to Cabinet until the time is right to present to Council for a decision to be made.

 

397.

EXCLUSION OF THE PRESS AND PUBLIC

Cabinet is recommended to determine whether the public and press be excluded from the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972, as amended, and in accordance with the Access to Information provisions of Procedure Rule 239, as the following item of business is likely to involve the disclosure of exempt information as defined in Paragraph 2 of Part 1 of Schedule 12A of the Act.

 

Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

Decision:

Cabinet determined not to exclude the public and press from the meeting.

Minutes:

Cabinet determined not to exclude the public and press from the meeting.

398.

ST GEORGE'S BUSINESS ZONE BID SUBMISSION - Appendix A

(Copy to follow)

Decision:

This item was withdrawn

399.

HOUSING INFRASTRUCTURE FUND - Appendix A

(Copy herewith)

Decision:

Cabinet had determined not to exclude the public and press from the meeting.

 

Minutes:

Cabinet had determined not to exclude the public and press from the meeting.