Rother District Council

CABINET 3 October 2016

Minutes of the Cabinet meeting held at the Town Hall, Bexhill-on-Sea on Monday 3 October 2016 at 11:00am.

Cabinet Members present: Councillors C.R. Maynard (Leader), Lord Ampthill, A.E. Ganly, I.R. Hollidge, Mrs J.M. Hughes, G.P. Johnson, J.M. Johnson, M.J. Kenward (Deputy Leader) and Mrs E.M. Kirby-Green.

Other Members present: Councillors J.J. Carroll, T.W. Graham, I.G.F. Jenkins, B. Kentfield and M.R. Watson.

Advisory Officers present: Executive Director of Resources, Executive Director of Business Operations, Service Manager – Finance and Welfare, Service Manager – Community and Economy, Service Manager – Environmental Services and Licensing, Economic Development Manager, Neighbourhood Services Manager and Democratic Services Manager.

Also Present: Madeleine Gorman, Waste Partnership Manager (in part).

Publication Date: 5 October 2016 The decisions made under PART II will come into force on 13 October 2016 unless they have been subject to the call-in procedure.

CB16/28. MINUTES

The Chairman was authorised to sign the minutes of the meeting held on 5 September as a correct record of the proceedings.

CB16/29. APOLOGIES FOR ABSENCE

Apologies for absence were received from Executive Member Councillor Mrs S. Hart and Councillor Mrs B.A. George.

CB16/30. EXCLUSION OF PRESS AND PUBLIC

RESOLVED: That the press and public be excluded whilst matters containing exempt information, as prescribed by Part 1 of Schedule 12A of the Local Government Act 1972, as amended and relating to Minutes CB16/32 and CB16/38 were under consideration. The reports submitted in connection with these items and which contain information exempt from publication by virtue of Part 1 of Schedule 12A to the Act shall remain confidential if and so long as, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

1 PART I – RECOMMENDATIONS TO COUNCIL – not subject to call-in procedure under Rule 16 of the Overview and Scrutiny Procedure Rules.

CB16/31. HOUSING ASSISTANCE POLICY 2016/17 TO 2019/20 (6.3) Members received and considered Minute OSC16/21 arising from a recent meeting of the Overview and Scrutiny Committee (OSC) that had considered a report on the revised Housing Assistance Policy 2016/17 to 2019/20. The Council was required under the Regulatory Reform (Housing Assistance) England and Wales Order 2002 to adopt a Housing Renewal Assistance Policy (HRAP). The HRAP sets out the financial tools available to the Council for providing housing renewal help to households in the .

Members welcomed the initiative and were fully supportive of the new HRAP and agreed that delegated authority be granted to the Executive Director of Resources in consultation with the Cabinet Portfolio Holder for Housing to introduce and develop new types of assistance that enabled existing and new sources of funding to be targeted at eligible clients.

RECOMMENDED: That:

1) the Housing Assistance Policy 2016/17 to 2019/20 be approved and adopted; and

2) delegated authority be granted to the Executive Director of Resources in consultation with the Cabinet Portfolio Holder for Housing, to introduce and develop new types of assistance that enables existing and new sources of funding to be targeted at eligible clients.

CB16/32. JOINT WASTE CONTRACT (6.3) Consideration was given to the confidential report of the Executive Director of Business Operations concerning the Joint Waste Contract. The Joint Waste Partnership Manager outlined the recent history and current position of the Waste Collection, Recycling, Street & Beach Cleaning and Associated Services Contract. The importance of maintaining the confidentiality of this matter was reiterated to Members.

In early September the Joint Waste Committee had considered the outcome of confidential negotiations with the Contractor and had been presented with two options that had been identified to secure the Contract. After carefully considering the options that had different levels of financial, service performance and associated risks, the Joint Waste Committee had agreed that Option B be forwarded to each Partner Council for approval. Option B eliminated financial risks and ensured financial benefits were maintained. Cabinet concurred that Option B provided the best solution and recommended its approval to full Council.

2 RECOMMENDED: That Option B be approved and the Executive Director of Business Operations, as Lead Director for the Partnership, be authorised to conclude without prejudice negotiations and finalise legal terms with the Contractor.

(This matter was considered exempt from publication by virtue of paragraphs 3 and 5 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended).

(When it first became apparent, Councillor Maynard declared a personal interest in this matter as East County Council’s representative on the Joint Waste Partnership and in accordance with the Members’ Code of Conduct remained in the room during the consideration thereof).

PART II – EXECUTIVE DECISIONS – subject to the call-in procedure under Rule 16 of the Overview and Scrutiny Procedure Rules by no later than 4:00pm on 12 October 2016.

CB16/33. ROTHER DISTRICT COUNCIL CORPORATE PROGRAMME (6.1) UPDATE

Members received and considered Minute OSC16/17 arising from a recent meeting of the Overview and Scrutiny Committee (OSC) that had considered a report on the Council’s Corporate Programme Update and had raised a specific request regarding the current position with regard to Corporate Project CA2.08, Superfast Broadband Rollout. Whilst the OSC had received an initial update in April this year, via a presentation from the County Council officer lead, Members felt that more regular updates, particularly on the rural areas across the district, were required. The Leader of the Council undertook to assist in the provision of regular updates, as far as he was able.

RESOLVED: That progress against the Corporate Programme be noted and Cabinet request East Sussex County Council to provide an update on progress of the roll-out of superfast broadband across the district.

CB16/34. PERFORMANCE PROGRESS REPORT: FIRST QUARTER 2016/17 (6.2) Members received and considered Minute OSC16/21 arising from a recent meeting of the Overview and Scrutiny Committee (OSC) that had considered a performance progress report on the first quarter 2016/17. The Committee had been advised that out of the 28 Key Performance Indicators (KPIs), 14 met or exceeded target, 9 were not yet due to be reported as data was not currently available and 5 were currently not on target. These were ‘My Alerts’: webpage links viewed; Community Infrastructure Levy: total receipts; Percentage change to all crime; Cases of homelessness prevention; and Recycling household waste.

The OSC had recommended to Cabinet that the target for the conversion rate for ‘My Alerts’ be revised and set at 115,000. This 3 measured the conversions from the ‘My Alerts’ email to subsequent website hits. Quarter target was 66,310, result was 29,353 (higher was better). 26,611 or 6 in every 10 Rother households subscribed to the service (an increase of 1,920 people from quarter four in 2015/16). Members were advised that the current annual target had been miscalculated and a revised target of 115,000 website hits would be more realistic to achieve; Cabinet agreed to amend the target accordingly.

Cabinet was concerned that there were too many KPIs; it was considered that a more focussed set of KPIs that were under the direct control of the Council would be preferable to those which the Council had no direct influence over, such as percentage change in all recorded crime. The chairman of the OSC would take these comments back to the Committee when selecting KPIs for 2017/18.

RESOLVED: That the target for the conversion rate for ‘My Alerts’ be changed from 265,240 to 115,000.

CB16/35. IRRECOVERABLE DEBTS (7.1) Consideration was given to the report of the Executive Director of Resources on irrecoverable debts. Debts in excess of £4,000 could only be written out of the Council’s accounts with the consent of the Cabinet. Where it was apparent that the debts would not be recovered, it was financially prudent for these to be excluded from the accounts; this did not mean that the Council could not take action in the future if information was received indicating the debt could then be recovered.

Cabinet was asked to write off two cases relating to business rates totalling £12,707.89. The liable persons’ whereabouts in one case was currently unknown and in the second case the company had been dissolved in February this year.

The Council’s debt recovery work was undertaken in accordance with current Council policy and the Council’s work around debt recovery performed very well; it was noted that there was no known time limit on recovering the debt should the whereabouts of liable persons come to light in the future. It was noted that the Government were currently being encouraged to look at ways to improve local authorities’ ability to collect debts and any assistance in this area would be welcomed.

RESOLVED: That the debts totalling £12,707.89 be approved for writing out of the accounts.

CB16/36. SUSTAINABILITY AND EFFICIENCY PLAN 2016/17 TO 2019/20 (7.2) Cabinet considered the report of the Executive Director of Resources which detailed the Council’s draft Sustainability and Efficiency Plan 2016/17 to 2019/20.

From April 2016, as part of the 2016/17 local government settlement, the Government made an offer of a guaranteed minimum grant, paid to councils for a 4-year period which covered Revenue Support Grants 4 (RSG), transitional funding and Rural Services Delivery Grants. A requirement of applying for the funding was for the Council to submit an efficiency plan to the Department of Communities and Local Government by 14 October 2016. It was noted that there was no assured guarantee that the Council would be successful and receive the funding; without the guaranteed minimum grant, this could put the Council in a position of negative RSG, with the Council owing the Government funding.

Attached at Appendix 1 to the report was a draft Plan for approval; it was noted that whilst there was no central guidance available as to what the plan should look like, the Council had taken advice from other local authorities in compiling the Plan. The Plan was more than just about money and set out a short narrative of the activities the Council would be undertaking over the next four years to drive efficiency, improvement and income generation.

Once agreed, the Plan would form part of the Medium Term Financial Strategy that would be considered by the Overview and Scrutiny Committee (OSC) later this month; it was proposed that the OSC would monitor progress against the key work streams within the Plan.

RESOLVED: That the Sustainability and Efficiency Plan as shown at Appendix 1 to the report be submitted to Government to secure the four year settlement guarantee and the Overview and Scrutiny Committee be tasked with monitoring progress against the key work streams within the Plan.

CB16/37. PUBLIC SPACES PROTECTION ORDERS (8.1) Following the Cabinet decision in July officers had consulted the Police and Crime Commissioner and Parish and Town Councils about replacing the existing Dog Control Orders with Public Spaces Protection Orders (PSPOs) (Minute CB16/14 refers). Existing Dog Control Orders (DCOs) would be repealed in October 2017 and these could be replaced by Public Space Protection Orders (PSPOs), subject to Cabinet approval.

Following consultation, responses had been received from Ewhurst Parish Council who wished to add Playing Field and the Herdman Bequest Playing Field, Ewhurst to the Order and Rye Town Council who wished the Gun Gardens, Rye to be removed from the Order. The new PSPOs would cover DCOs but could also be used for other purposes, such as alcohol bans, bans on the playing of amplified music, busking, swearing etc., if required to control anti-social behaviour in a particular area.

Members queried the position with regard dog fouling on sports and playing pitches not under the control of educational establishments and in particular the Polegrove, The Downs, St. Mary’s and Little Common Recreational Grounds. There was discussion about whether these locations should be designated as ‘dogs on leads’ only areas but this was felt to be impractical and would restrict the sufficient exercising of dogs. Members then asked whether the grounds maintenance contract 5 staff were authorised to issue fixed penalty notices where they come across dog owners failing to pick up dog waste. It was confirmed they had been authorised in the past but they had not issued any notices due to other priorities in completing their work. However, officers of the Council and PCSOs had issued fixed penalty notices to inconsiderate dog owners where identified.

The Anti-Social Behaviour, Police and Crime Act 2014 would repeal the Council’s existing DCOs in October 2017; it was therefore recommended that all existing DCOs be replaced by PSPOs for a term of three years, as amended and that the Police and Crime Commissioner be consulted on the amended Order, as set out at Appendix A to the report. It was noted that the Religious Gardens on West Parade, Bexhill-on-Sea no longer existed and this would be removed from the Order.

RESOLVED: That all existing Dog Control Orders be replaced with (three-year) Public Spaces Protection Orders, with amendments to the Order for the Parishes of Ewhurst and Rye, as set out at Appendix A, as amended, provided that no objections are received from the Police and Crime Commissioner.

CB16/38. LAND TO THE REAR OF CHANNEL VIEW EAST, BEXHILL (10.2) Consideration was given to the confidential report of the Executive Director of Business Operations concerning the Council owned site of the public conveniences, adjacent passageway and the upper storey premises (occupied by Bexhill Rowing Social Club) at Channel View East.

With the Council’s permission, the owner of no. 2 Marina Arcade had, for a number of years, partitioned off part of the passageway to the rear of their premises to afford greater security and privacy as it was adjacent to the passageway and easily accessible to the public. The owner was now seeking to sell the property and had approached the Council to formally transfer the land for the sum as set out in the report and all legal fees associated with the transfer in order to expedite this matter at their expense

RESOLVED: That the land to the rear of the public conveniences at Channel View East, Bexhill-on-Sea be transferred to the owner of no. 2 Marina Arcade for the sum as set out in the report.

(This matter was considered exempt from publication by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended).

CHAIRMAN The meeting closed at 11:35am cb161003lja

6 Appendix A Dog Fouling

Any land within the administrative area of Rother District Council which is open to the air, including covered land which is open to the air on at least one side and to which the public are entitled or permitted to have access (with or without payment) of the following descriptions:

(a) Any highway, footways, footpaths, twittens, promenades, steps and towpaths within the area of Rother District Council and any adjoining verges or ornamental areas, which are maintained at the public expense. This may include some areas of access land. (b) All pedestrianised areas within the Rother District Council. (c) All Parks, Gardens, Recreation and Sports Grounds, Commons, Amenity Areas of other open spaces owned, occupied or maintained by or on behalf of any of: Rother District Council, East Sussex County Council, Borough Council, a registered social landlord/housing association, any town or parish council within Rother District, any other public authority or any charity. (d) Any cemetery, burial ground or churchyard. (e) Any public car park or parking space. (f) All beaches and dunes.

Exempted Land: Any woodland, marsh or agricultural land and any Access Land as defined in Part I of the Countryside and Rights of Way Act 2000.

Dogs on Leads in Designated Areas

Part A (all year)

Battle – High Street, Market Square, Market Road and Market Road Car Park, Mount Street from the High Street to the entrance to the Car Park, Abbey Court and the Recreation Grounds at North Trade Road and at Telham

Beckley – Beckley Sports and Recreation Ground; Buddens Green (by Buddens Green Houses) and the School Field (Beckley CE School)

Bexhill – Egerton Park and Manor Gardens

Burwash – High Street

Etchingham – Queens Gardens

Iden – Burial Ground; Churchyard; Children’s Play Area; Sports Pavilion

Northiam – Playing Fields and Village Green, Main Street and Cemetery

St Mary’s Churchyard

Salehurst and – The Clapper Recreation Ground (Northbridge Street) Robertsbridge

Sedlescombe – Sportsfield

7 – Play Area adjacent to Lower Cross Cottages

Part B (1 May to 30 September)

Bexhill – The Promenade (between Groynes 34 and 78) and the Metropole Lawns

SCHEDULE 2

Specification of times or periods during which the offence is to apply. The Order applies to the land designated in Part A of Schedule 1 all year and the land designated in Part B of Schedule 1 between 1 May and 30 September.

Exclusion of Dogs from Designated Areas

SCHEDULE 1

Specification/description of land, or lands, to which the Order applies

Part A (all year)

Bowling Greens Enclosed Children’s Play Areas Sports and Playing Fields under the control of educational establishments Ornamental Planted Areas of Public Walks and Pleasure Grounds

Barrack Road Cemetery, Bexhill-on-Sea Bexhill Cemetery, Turkey Road, Bexhill-on-Sea Hastings Cemetery* (part within Rother District) Cemetery Rye Cemetery, Rye Hill

Walled Garden at Manor Gardens, Bexhill-on-Sea

Brede – Recreation Ground, Udimore Road, Broad Oak Camber – Jubilee Green, Lydd Road Crowhurst – George VI Recreation Ground, Hastings Road Ewhurst – Staplecross Playing Field, Northiam Road, Staplecross Ewhurst – The Herdman Bequest Playing Field, Village Street, . Playing Field – Red Barn Field Nature Park Westfield – Recreation Ground, Church Lane

Part B (1 May to 30 September)

Bexhill Beach between Brockley Road and Sea Road.

Camber beach and dunes bounded on the east by an imaginary straight line from the south west corner of 21 The Suttons and extending seawards at an angle of 90 degrees to the low water mark; bounded on the west by an imaginary straight line from the end of the footpath that leads to the shoreline from the central public car park conveniences in Western Car Park and extending seawards at an angle of 90 degrees to low water mark; and bounded on the north by an imaginary line on the boundary of the dunes (marked by location posts) and continuing to 21 The Suttons to the seaward side of the buildings. 8 That part of the seashore at Level located between the western edge of the slipway adjacent to St Nicholas Church westwards towards Fairlight Cliffs for 150 metres.

That part of the seashore at Dogs Hill, Beach located from the eastern edge of the access steps adjacent to the public convenience and westwards for 558 metres to the western edge of the access steps to the beach.

SCHEDULE 2

Specification of times or periods during which the offence is to apply.

The Order applies to the land designated in Part A all year and the land designated in Part B between 1 May and 30 September.

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