Corporate Director (Law and Governance) and CA Monitoring Officer, T W Mortimer LLB Solicitor
CABINET
Notice of a Meeting, to be held in the Council Chamber, Civic Centre, Ashford Borough Council on Thursday, 28th November, 2019 at 7.00 pm.
The Members of the Cabinet are:-
Councillor Clarkson – Leader of the Council Councillor Bartlett – Deputy Leader and Portfolio Holder for Legal and Democracy Councillor Barrett – Portfolio Holder for Housing Councillor Bell – Portfolio Holder for Finance and IT Councillor Buchanan – Portfolio Holder for Environment and Land Management Councillor Clokie – Portfolio Holder for Regeneration and Corporate Property Councillor Feacey – Portfolio Holder for Culture, Leisure and Tourism Councillor Gideon – Portfolio Holder for Community Safety and Wellbeing Councillor Pickering – Portfolio Holder for Human Resources and Customer Services Councillor Shorter – Portfolio Holder for Planning and Development
Agenda Page Nos.. 1. Apologies
2. Declarations of Interest 1 - 2
To declare any interests which fall under the following categories, as explained on the attached document:
a) Disclosable Pecuniary Interests (DPI) b) Other Significant Interests (OSI) c) Voluntary Announcements of Other Interests
See Agenda Item 2 for further details
3. Minutes 3 - 16
To approve the Minutes of the Meeting of the Cabinet held on the 10th October 2019.
4. To Receive any Petitions
5. Leader's Announcements
6. Corporate Performance Report (Quarter 2 2019/20) 17 - 36
7. Financial Monitoring Report 37 - 54
8. Medium Term Financial Plan 55 - 70
9. Draft Budget 2020/21 (to follow)
10. Council Tax Base 2020/21 71 - 82
11. Homelessness Reduction Act 2017 (Implementation and Current 83 - 112 Position)
12. Street Trading Policy Amendment 113 - 124
13. Statement of Licensing Policy 2019-2024 125 - 136
14. Community Connection 137 - 152
15. Adoption of Rolvenden Neighbourhood Plan 153 - 228
16. Ashford Borough Council Cemetery Provision - Challenges and 229 - 248 Solutions
17. Compliance and Enforcement Board - Notes of 7th October 2019 249 - 254
18. Ashford Strategic Delivery Board - Notes of 25th October 2019 255 - 260
19. Local Plan and Planning Policy Task Group - Notes of 4th and 261 - 270 18th October 2019
20. IT and Digital Transformation Advisory Committee - Notes of 1st 271 - 274 November 2019
21. Econ omic Regeneration and Investment Board - Terms of 275 - 278 Reference
22. Schedule of Key Decisions 279 - 290
23. Items for Future Meetings
DS 20 November 2019
Queries concerning this agenda? Please contact Member Services Telephone: 01233 330349 e-mail [email protected] Agendas, Reports and Minutes are available on: www.ashford.moderngov.co.uk
Agenda Item 2
Agenda Item 2
Declarations of Interest (see also “Advice to Members”below)
(a) Disclosable Pecuniary Interests (DPI) under the Localism Act 2011, relating to items on this agenda. The nature as well as the existence of any such interest must be declared, and the agenda item(s) to which it relates must be stated.
A Member who declares a DPI in relation to any item will need to leave the meeting for that item (unless a relevant Dispensation has been granted).
(b) Other Significant Interests (OSI) under the Kent Code of Conduct as adopted by the Council on 19 July 2012, relating to items on this agenda. The nature as well as the existence of any such interest must be declared, and the agenda item(s) to which it relates must be stated.
A Member who declares an OSI in relation to any item will need to leave the meeting before the debate and vote on that item (unless a relevant Dispensation has been granted). However, prior to leaving, the Member may address the Committee in the same way that a member of the public may do so.
(c) Voluntary Announcements of Other Interests not required to be disclosed under (a) and (b), i.e. announcements made for transparency reasons alone, such as:
Membership of outside bodies that have made representations on agenda items, or
Where a Member knows a person involved, but does not have a close association with that person, or
Where an item would affect the well-being of a Member, relative, close associate, employer, etc. but not his/her financial position.
[Note: an effect on the financial position of a Member, relative, close associate, employer, etc; OR an application made by a Member, relative, close associate, employer, etc, would both probably constitute either an OSI or in some cases a DPI].
Advice to Members on Declarations of Interest:
(a) Government Guidance on DPI is available in DCLG’s Guide for Councillors, at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/5962/2193362.pdf
(b) The Kent Code of Conduct was adopted by the Full Council on 19 July 2012,
and a copy can be found in the Constitution at
http://www.ashford.gov.uk/part-5---codes-and-protocols
(c) If any Councillor has any doubt about the existence or nature of any DPI or OSI which he/she may have in any item on this agenda, he/she should seek advice from the Corporate Director (Law and Governance) and Monitoring Officer or from other Solicitors in Legal and Democratic Services as early as possible, and in advance of the Meeting. Page 1 This page is intentionally left blank Agenda ItemCA 3 Published 15th October 2019 Decisions effective from the 24th October 2019 unless they are called in or are recommended to the Council for approval
Cabinet
Minutes of a Meeting of the Cabinet held in the Council Chamber, Civic Centre, Tannery Lane, Ashford on the 10th October 2019
Present:
Cllr. Clarkson (Chairman); Cllr. Bartlett (Vice-Chairman);
Cllrs. Barrett, Bell, Buchanan, Clokie, Feacey, Pickering, Shorter.
Apologies:
Cllrs. Gideon, N Ovenden.
Also Present:
Cllrs. Burgess, Chilton, Dehnel, Forest, Iliffe, Harman, Hayward, Howard-Smith, Krause, Ledger, Link, Mulholland, Smith, Spain, Sparks, Wright.
Chief Executive, Director of Law and Governance, Director of Finance and Economy, Head of Legal and Democracy, Head of Corporate Property and Projects, Head of Community Safety and Wellbeing, Head of Planning and Development, Head of Housing, Head of Finance and IT, Spatial Planning Manager, Housing Operations Manager, Development and Regeneration Manager, Principal Solicitor (Strategic Development), Principal Urban Designer, Funding and Partnerships Officer, Member Services Manager (Operational).
173 Minutes
Resolved:
That the Minutes of the Meeting of the Cabinet held on the 12th September 2019 be approved and confirmed as a correct record.
174 Leader’s Announcements
The Leader said he was pleased to have seen an article in last week’s Sunday Times listing Ashford in the country’s top six “turnaround towns”. It quoted 11.9% population growth and 11.4% employment growth in Ashford between 2009 and 2017, as well as a 16.9% increase in house prices since June 2016. Whilst there was still much to do and there was no complacency, the Leader said it was interesting to see progress in Ashford being spoken about in this way.
The Leader also advised that Kent County Council had agreed to appoint Roger Gough as its new Leader, replacing Paul Carter who had stood down after serving in this
Page 3 297 CA 101019 position since 2005. He read from a note he had written to Roger Gough on behalf of Ashford Borough Council congratulating him on his appointment and advising that they looked forward to continuing to work closely with him and KCC in the future.
175 Adoption of Village Envelope Boundaries – Wye and Warehorne
The report advised that the newly adopted Local Plan included policies that referred to the ‘built-up confines’ of settlements and that, in consultation with Parish Councils, Officers had prepared a series of village envelope maps to indicate where the Council currently considered the existing built-up confines of settlements were. These would help to clarify the written definition in the Local Plan for the purposes of decision-making on planning applications. The report sought the Cabinet’s approval to adopt the village envelope boundaries for Wye and Warehorne villages as informal guidance for development management purposes.
In accordance with Procedure Rule 9.3 Mr Reece, Chairman of Wye with Hinxhill Parish Council, spoke on this item. He thanked the Cabinet for giving them the opportunity to speak on the next three agenda items. He particularly wanted to thank the Overview and Scrutiny Task Group for their dedication and hard work in producing their report on the Masterplan process. Taken together, these items were closely interrelated and required decisions which would profoundly affect the shape and future of Wye. Turning to the proposed Wye settlement boundary, he said that the Parish Council agreed that the ADAS site was outside the built confines and much of the proposed boundary, so also was Withersdane, although it was part of Wye3 and was arbitrarily excluded from the Masterplan. The report further acknowledged that there were minor inconsistencies - one related to the incorrect boundary of the covenanted land, on which the Council had received a letter. However, the Wye Neighbourhood Plan was currently being reviewed, therefore he asked the Cabinet to defer Recommendation (i) as it related to Wye to form part of the current review. Mr Reece further advised that the implications of Recommendation (ii) greatly disturbed the Parish Council. This proposed to delegate powers to amend the boundary of the settlement envelopes in the Borough. The report stated that the village envelope maps would become material considerations in the application of Local Plan Policies HOU2, HOU3 and HOU5. The Parish Council’s legal advice was that any changes should therefore only be addressed through a formal Development Plan Document and public consultation. Delegating open and indefinite powers to make changes would remove future decisions from any democratic scrutiny by the public and statutory consultees, or Elected Members, and he considered this was both unjust and unlawful. The consequence of this recommendation was that new proposals on sites currently near (but not touching) Wye3, could be subsumed into the settlement confines, creating a new boundary. Further applications could then be added to this new boundary, which became a licence for the boundary to creep ever eastwards. In his view this smacked of policy making on the hoof. The report before the Cabinet supporting this agenda item did not consider Recommendation (ii). Neither did the earlier Cabinet report on 11th April 2019, for other villages in the Borough. Therefore he considered that Cabinet had not had the implications and risks explained to it and was un-briefed on Recommendation (ii). So, in his view, a decision to adopt this recommendation would have failed to have regard to a material consideration and risked
Page 4 298 CA 101019 legal action. The Parish Council asked the Cabinet to refuse Recommendation (ii) and retain control over boundary changes.
In accordance with Procedure Rule 9.3 Mr Jarman, representing Telereal Trillium, the owners of the site spoke on this item. He advised that when they had become aware of the proposal to establish a village confines for Wye in the nature set out in this report, it was fair to say that there were initially concerns as it appeared to be in conflict with the Wye Neighbourhood Plan. On the instructions of the Examiner, Policy WN1PA – the village envelope - specifically stated that between Olantigh Road and Scotton Street the village envelope would be defined by the Masterplan (on the agenda later at this meeting) and therefore this proposal was inconsistent with those provisions. However, having been assured by Officers, and it being set out clearly within the report, it had been made clear that there was no inconsistency in having different boundaries for Wye – the one in this report for the village confines of the application of the present Local Plan policy, and secondly the one in the Masterplan which showed the form of development to be set out in the Masterplan itself. There was an assurance that these could sit side by side, and on that basis they were happy to accept that this apparent inconsistency could be overlooked. In terms of the detail of the boundary itself, he noted the Officers’ comment that there were elements of subjective judgment involved and he considered that must always be the case out of necessity. As a result of the agreement that the boundaries could be different and have different implications, he considered that there was not a need to go into any greater detail on those points at this stage.
The Portfolio Holder advised that a lot of the issues referred to had been looked at in great detail by the Local Plan and Planning Policy Task Group and an enormous amount of work and consideration had gone in to that, so it was not entirely true to infer that Members had not had proper oversight. This had all been done in the context of the approved Local Plan, and Policies HOU3 and HOU5 had been reflected in the considerations within the report. As Portfolio Holder he was therefore comfortable to support the soundness of the two recommendations in the report.
In response to questions about Recommendation (ii) and whether relevant Ward Members or Parish Councils should be more directly involved in decisions to amend village envelope boundaries, the Spatial Planning Manager clarified that the purpose of this recommendation was to allow the amendment of a village envelope boundary to account for the construction of new development. So this would be reactive to anything that had been built “on the ground”, and any such development would have already been considered through the statutory channels. The recommendation did not provide an opportunity to create areas for development “by the back door”. The Portfolio Holder further advised that Ward Members would be directly involved in the consultation and invited to Local Plan and Planning Policy Task Group meetings when considering such matters in order to give that local view, in liaison with their Parish Council. This was in fact one of the recommendations to come out of the Overview and Scrutiny review – the next item on the Agenda for this meeting. He was therefore comfortable with what was already going to be in place. The Chairman of the Task Group also gave an assurance that such an invitation would be made. To aid clarity it was agreed to add the words “that has taken place” to the end of the recommendation.
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Resolved:
That (i) the village envelope boundaries shown in the Appendix to the report be adopted as informal guidance for development management purposes.
(ii) authority be delegated to the Spatial Planning Manager, following consultation with the Portfolio Holder for Planning and Development to amend, where relevant, a village envelope boundary to account for the construction of new development that has taken place.
176 Report of the Overview and Scrutiny Committee – Review into Wye3 Masterplan Process
The Overview and Scrutiny Committee had undertaken a review of the Wye3 Masterplan process. In its review the Committee had made 12 recommendations which were now presented to the Cabinet. The report also included the advice of Management Team on those recommendations.
In accordance with Procedure Rule 9.3 Mr Reece, Chairman of Wye with Hinxhill Parish Council, spoke on this item. He said of the twelve recommendations made by Overview and Scrutiny, Recommendations (ii) to (xii) related not to Wye but to improvements to future masterplans. So on those, the Parish Council had no comment except to state that in their view having to make 12 recommendations dramatically highlighted how flawed the process had been from the beginning to today. The Parish Council attended one of the Task Group’s meetings and laid out the flaws, as they had done previously in letters to the Chief Executive and Head of Planning, referencing dozens of documents. They had requested answers, information and meetings and most of this had gone totally unanswered. He hoped that future Masterplans would be better handled. On Recommendation (i) however, the Parish Council considered this could still influence the future of Wye for the better. He wanted to dispel any impression that there were two parallel traffic analysis reports. The Parish Council had commissioned the MLM traffic report to examine the data and methodology of the TPP traffic report and particularly to answer a question KCC Highways had that remained unanswered - regarding the frequency of delays “sometimes” at Wye level crossing, asking “how often is sometimes?” As many would know, the level crossing was the key to all traffic flow in Wye. TPP asserted that traffic was always able to clear the level crossing before the next train. He said that this was false and contrary to common experience. MLM considered a video which covered a whole week at the level crossing and showed clearly that on nine occasions the gates had to be shut in the face of oncoming traffic. Despite having asked the question, KCC had not reacted to this evidence. The MLM letter sent today stated that the TPP report was skewed in favour of the developer and erroneous and outdated in detail. Despite the fundamental importance of traffic issues, the ABC Case Officer, in his own words, “forgot to deliver the MLM report until the day before the Cabinet” last September. He said that KCC claimed to have found nothing to discredit the TPP report, but in the time available he considered that KCC could not have done the MLM report justice. He said it should also be noted that KCC Highways had not accepted the Task Group’s invitation to attend a meeting. He concluded by asking that now there was new evidence, notably changes at ADAS covered in the next agenda item, and Network Rail’s 2019 data on Wye level crossing risk and usage, the
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Cabinet uphold Recommendation (i) to consider the MLM traffic report with the new evidence.
The Spatial Planning Manager said that on Recommendation (i) particularly he would point the Cabinet to Management Team’s response which set out the issues clearly in that the substantial traffic evidence put forward by TPP on behalf of the developers had been robustly assessed by KCC. This matter had been reported to and accepted by the Cabinet in September 2018. The work undertaken by MLM on behalf of the Parish Council had not been intended as a parallel exercise and had not therefore dealt with all of the same issues. A letter had been received that afternoon from the MLM Group and whilst there had not been a lot of time to consider it, amongst its content it did state that MLM would not have necessarily expected KCC to formally respond on their assessment as the Highway Authority, despite previous concerns on this point by the Parish Council. They also did not assert that their video evidence in any way invalidated the conclusions of the TPP work. So in summary he advised that the transport evidence in support of the Masterplan had been assessed thoroughly by KCC and they had reached their own independent view. That view was open to debate and disagreement, but Officer’s advice was that the matter had been properly considered and did not need to be re-opened as part of the masterplanning process.
One of the Members of the Overview and Scrutiny Task Group said he wanted to comment on Management Team’s advice to reject four of the twelve recommendations. On Recommendation (i), he considered that the Parish Council had been poorly treated and felt so aggrieved that they had spent money on their own transport report, and the seven day consideration was in stark contrast to the Developer’s one day. The assertion that TPP’s conclusions were sound did have to be called in to question as two reports on the same village differed so much. He did not think KCC had done justice to the MLM report and the refusal to attend the Task Group meetings meant they had not been able to get to the crux of the matter over the variations in the reports. Independent advice would give everyone confidence to make the right decisions which is why he supported Recommendation (i). It did not undermine any trust or working relationship and he was sure that the short time it would take to allow for a proper analysis would not place any detriment on the already delayed process. Regarding Recommendation (ii), he accepted this was a wide and all-encompassing one, but having been let down in Wye, the Task Group considered there were times when KCC did the bare minimum and agreed to traffic reports without proper analysis. Independent assessments, or even a qualified Officer employed by the Council were seen as the way forward in order to be able to judge whether traffic reports were sound. Management Team’s suggestion that relationships with KCC were strengthened was welcomed, but it was important that the whole process, not just the methodology, was thoroughly assessed. On Recommendation (iii), he considered that the review had demonstrated that there was a need for adequate support for Officers with large caseloads who were also trying to complete a Masterplan process. The recommendation was seeking a commitment from the Council to ensure that such processes continued and were not undermined when other factors intervened. He understood that it was early days for the new Planning structure, but that was still bedding in and he considered adoption of this recommendation would guarantee an ongoing level of support for future masterplanning processes. Finally, with regard to Recommendation (vii), this had been made with a recognition that the overarching Local Plan and Planning Policy Task Group may not have the time to take on such specific work, and a smaller, more focussed group would
Page 7 301 CA 101019 be able to meet more often as required and ensure a simpler process to support Officers and the major stakeholders.
The Portfolio Holder said he wanted to thank the Task Group for the way it went about its business in undertaking this review. Of the 12 recommendations made, eight had been clearly supported by Management Team and he also urged the Cabinet to approve those eight. With regard to the other four, firstly it was important to say that this Council had to respect KCC’s view as the Highway Authority. He also wanted to make clear that the new structure for Planning would make significant positive changes to the Service and he was confident that when everyone was in place early next year the Service would be transformed, so to talk about further changes at this stage was premature. As mentioned in the previous item, he considered that the Local Plan and Planning Policy Task Group was the right ‘Member led vehicle’ to deal with masterplanning issues, with that previous caveat that Ward Members be formally invited to relevant meetings to reflect the local view. He therefore supported Management Team’s comments on Recommendations (i), (ii), (iii) and (vii) and asked the Cabinet to reject those four recommendations for the reasons given.
Resolved:
That (i) a clearly defined scope and timeline be agreed at the commencement of any future masterplanning exercises.
(ii) where masterplanning exercises are to be carried out collaboratively with a steering group, clearly defined terms of reference for the steering group including the roles of each partner to the steering group are jointly agreed prior to the commencement of any future masterplanning exercise.
(iii) where masterplanning exercises are to be carried out collaboratively with a steering group, an independent chair should be engaged to lead the steering group.
(iv) an independent external facilitator be retained for all workshop elements of any future masterplanning exercises.
(v) in order to ensure continuity as far as possible throughout future masterplanning exercises, a single list of invitees should be maintained for all workshop events.
(vi) the Council ensure it provides clear, regular updates on the development of any masterplan to stakeholders throughout any future masterplanning exercise.
(vii) the Council maintain a single point of contact throughout any future masterplanning process for the gathering and dissemination of any and all information related to the masterplanning exercise.
(viii) the Council ensure that any and all responses to consultation or engagement exercises conducted on masterplanning be submitted directly to the Council.
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(ix) the remaining four recommendations be not adopted.
177 Adoption of the Draft Wye 3/WNP11 Masterplan
This report was a follow-up to the Cabinet report of September 2018 and considered issues raised at the time of the Cabinet resolution and subsequently in respect of the former ADAS site that formed part of the draft masterplan area. The Cabinet was asked to approve the draft masterplan as informal guidance for development management purposes, subject to the suggested changes in the recommendations, to assist decision- making on applications within the Masterplan’s boundary.
In accordance with Procedure Rule 9.3 Mr Jarman, representing Telereal Trillium, the owners of the site spoke on this item. He said he was pleased that, after a long gestation period, the Masterplan had reached the point of adoption and he hoped the Cabinet would follow Officers’ advice to adopt. Like all parties to the Masterplan process there had been frustrations at delays along the way, but they did feel that the plan in its current form would be of great value in guiding the re-use and re-development of the former Wye College building complex. There was one point of detail that he wanted to address the Cabinet on and that was the proposal to reduce the number of buildings proposed at the former ADAS complex from 20 to 15. As a brownfield site with substantial existing buildings, that already had been subject of extensive negotiations with Officers, he asked that this be reconsidered and retained at 20. Indeed, during the process the number had already been reduced substantially from 27 to 20 and following the Cabinet’s interim approval of that number last September that had progressed to pre-application discussions in January 2019 and the recent submission of the planning application. The Officers’ comments with regard to the permitted development rights were noted but he felt that the key point was that the complex of buildings remained exactly the same in terms of site, buildings and constraints, so a proposal for 20 was realistic and still would reduce the overall amount of built floor space on the site within the AONB. He was aware supporting this in the Masterplan would in no way guarantee permission for 20 in a planning application and that would be dealt with at the appropriate time.
In accordance with Procedure Rule 9.3 Mr Bartley, of Wye with Hinxhill Parish Council spoke on this item. He asked the Cabinet if Council Officers were clear on what kind of document they were recommending for adoption tonight. In his view Paragraphs 70 and 71 of the report suggested they did not. It was a document that had moved from a Supplementary Planning Document to a Design Brief. He said that adopted policy stated that the Masterplan should be a Supplementary Planning Document, and therefore be compliant with Regulation 8, and conform to other policy documents. The Parish Council knew that Telereal had challenged this policy requirement on the 25th April 2016. Then, at some point, Officers had pronounced that ‘it had been decided’ that the Masterplan would just be ‘informal guidance’. He wondered where was the justification for this significant change to adopted policy, since planning law required that planning applications be determined in accordance with the development plan, in this case the Local Plan and Wye Neighbourhood Plan? Despite the receipt of some 2,000 comments, he said that the Masterplan map in Appendix 1 to the report had remained unchanged in over two years, bar one minor change to help the bin lorries. He asked where was the evidence that Officers had reassessed the entire Masterplan against the
Page 9 303 CA 101019 new Local Plan and revised NPPF policies? In the absence of this reassessment he asked how the Cabinet could know if the scale of the development proposed by the Masterplan was proportionate to the size of Wye and whether, the proposal would conserve and enhance the AONB’s natural beauty? Specifically he asked how Policy HOU2 would apply in relation to heritage assets and the proposed care home flats, and HOU3a and HOU5 elsewhere on Wye3? He also asked why this Masterplan ignored Withersdane? These were a few of what he considered to be the many fundamental flaws in the process. With regard to traffic, he said that the TPP Assessment used an imputed fall back allowance. All the Cabinet had in front of it were assertions, and these pre-dated the change in the lawful use of the ADAS site and it’s, as yet unknown, fall- back position. He asked where was the evidence of assessment of the MLM analysis? The ADAS site had profound implications for traffic. The lawful use issue would reverberate and impact on every number within the traffic model, on which the Masterplan relied. Therefore, before any consideration of which traffic assessment was right, he considered it was fundamental that the new lawful position of the ADAS site was clarified, and correctly reconsidered within any modelling, and reviewed by KCC Highways. Advice had been sought from Counsel, who confirmed the Parish Council’s view that the ADAS permitted development granted in January 2016 was not lawful. Therefore, he considered that the fall back, the workshops and indeed the entire Masterplan consultation process was based on a false presumption of residential development, and therefore an inflated land use value. He said that there was no evidence in the report that Officers had assessed the hasty proposal for 15 Units on the ADAS site against the usual policy requirements, therefore this recommendation was flawed and open to challenge. Mr Bartley said that given the complexity of the issues and the impasse that had been reached on this site, a positive suggestion would be a Neighbourhood Development Order which could resolve WYE3 equitably. In conclusion he said that Telereal had stated publicly in 2015 that ‘The Imperial Masterplan was in the bin’. He now invited the Cabinet to bin Telereal’s WYE3 Masterplan, and not accept the recommendations, or adopt what he called a “flawed, quasi-policy document”.
The Portfolio Holder said that he wanted to assure all present that the amount of work that had been put in by Planning Officers to arrive at their conclusion had not been reported in its totality and the report was only the ‘tip of the iceberg’ in terms of that work. In terms of the previous report that came to the Cabinet in September 2018, new information had come to light and the report had been reviewed and found to be wanting. That new information had brought about the changes to the numbers and the historical use of the ADAS buildings. Much of the consideration was judgment based, but based on real experience and analysis of this important site within the AONB. He understood that there were strong opinions on this matter, but on balance he considered the report in front of Cabinet was sound and he urged colleagues to support the Officer’s recommendations.
The Spatial Planning Manager said that this matter had to a large degree already been covered by the Cabinet back in September 2018. A number of the issues raised then by the Parish Council were matters that since that point had now been addressed, for example the MLM traffic assessment and concerns about Officers checking for the presence of any outstanding representations on the draft Masterplan. This had therefore come back to the Cabinet at this meeting mainly because of the ADAS site. Significant new evidence had come forward in respect of whether the prior approval process was the appropriate one to determine whether that building could be converted to flats or not, and this report demonstrated that there had been a very thorough exercise undertaken,
Page 10 304 CA 101019 with the benefit of Counsel’s opinion, to confirm Officers’ views that were reported to the Cabinet in September 2018 were in fact incorrect and that advice to Members had now been corrected. In the absence of that previous fall-back position, Officers had reconsidered what they viewed as the appropriate numbers for the ADAS site in the Masterplan. On balance a small reduction in the amount of development on the ADAS site was viewed as appropriate and should be made to the Masterplan.
Resolved:
That the draft masterplan for the WNP11 area be adopted as informal guidance for development management purposes subject to the following:-
(i) the wording and any associated diagrams or maps be changed to reflect that residential redevelopment of the former ADAS site should not exceed the existing footprint of previously developed land and be up to a maximum of 15 residential units; the amendments to be to the satisfaction of the Head of Planning and Development, in consultation with the Portfolio Holder for Planning & Development.
(ii) wording be changed to the appropriate Planning and Design Principles section to include further general principles sections on grey water recycling measures in accordance with paragraph 63 of the September 2018 Cabinet report; the amendments to be to the satisfaction of the Head of Planning and Development, in consultation with the Portfolio Holder for Planning & Development.
(iii) the inclusion of those amendments to the draft masterplan listed in the attached schedule of proposed changes, appended to the report; and,
(iv) any other consequential minor amendments considered necessary by the Head of Planning and Development in consultation with the Portfolio Holder for Planning & Development.
178 Local Authority Lottery Scheme
The Portfolio Holder introduced the report which sought Members approval to undertake the necessary legal and project management tasks to develop and deliver a Local Authority lottery scheme for the benefit of the local voluntary sector and the residents of the Borough.
Two Members expressed concerns about the proposal in terms of its potential effect on those who may be susceptible to gambling addictions and whether such a lottery was sustainable given previous experience of an Ashford Borough Council run lottery scheme in the 1980s where initial interest very quickly lost momentum. They therefore wondered if a Council run lottery was an appropriate thing to be lending support to and whether there were better and more moral ways to raise funds for charitable causes. Both the Portfolio Holder and the Leader said they had some sympathy with those comments, but these matters had already been considered and this would not be a lottery of instant gratification such as scratchcards, game machines or online
Page 11 305 CA 101019 gaming/betting. Dover District Council had been running such a scheme since February and had been very successful, as had a number of other Local Authorities, in raising money for the local voluntary sector and local not for profit clubs.
Resolved:
That (i) a set up budget of circa £11,000 be agreed to be allocated that will enable a Local Authority lottery scheme to be launched.
(ii) the Head of Culture and the Head of Legal and Democracy be authorised, in consultation with the Portfolio Holder for Culture, Tourism and Leisure, to agree and settle all necessary licences, legal requirements and documents and to contract with an External Lottery Manager to deliver an appropriate Local Authority lottery scheme for the Ashford Borough.
179 Housing – Current Delivery, Finance and Onward Strategy
The Portfolio Holder introduced the report which, amongst other elements, included the Council’s new Affordable Housing Delivery Plan 2019-2023 for endorsement. This set out how the right homes would be delivered in the right places and the strategic context in which the delivery programme sat, enabling work with Registered Providers and acquisitions (land and on-street purchases). He wanted to thank the Officers involved for producing such a detailed document. It was admittedly ambitious, but it would put Ashford at the forefront of delivering affordable social housing in Kent. The document was also holistic in the way it looked to deliver affordable housing in the Borough along the lines of the Council’s wider corporate agenda – carbon neutrality by 2030, space standards, decent homes for all and attempting to remove the stigma regarding social housing. The document was also flexible in that it would allow for a change of direction if and when needed, in response to changing circumstances in future years.
The report was opened up to Members and the following responses were given to questions/comments: -
The commitment to carbon neutrality was something that was being closely examined by Housing and its contractors/partners in terms of embracing new heating methods and technologies. It was important to constantly challenge themselves to deliver the facilities to meet the targets that had been set. In terms of existing stock they were working with Engie to examine their expertise in energy provision and potential retro-fitting. This had of course not yet been costed, but a provision had been included within the business plan and this would be kept under review going forward.
The Chief Executive and the Portfolio Holder for Finance and IT agreed to examine possibilities for the Council to be more flexible with the dates it took direct debit payments, particularly for those claiming Universal Credit.
The plan had been closely analysed in financial terms and had been found to be sound. The level of debt for the current proposed programme could be repaid
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within 20-23 years and was affordable and manageable within the life of the current business plan. Clearly though it would have to be kept under review on a year on year basis.
There was some risk to the Council if there was a significant and sustained increase in Right to Buys due to legislative changes, but this was not anticipated and the business plan did have flexibility to deal with changing circumstances.
In terms of disabled adaptations, the business plan did maintain the budget for these in the Council stock, including the support for the In-House Occupational Therapist post who worked on adaptations and Disabled Facilities Grants. In addition, the significant amount of work undertaken within the HRA to meet the needs of disabled people would continue.
Resolved:
That (i) the progress in delivering the affordable housing programme in the HRA be noted.
(ii) the impact of the Housing Department on the corporate agenda, as detailed in paragraph 4 of the report be noted.
(iii) the priorities set out in paragraphs 5 & 6 of the report be agreed.
(iv) the updated HRA Business Plan and financial projections as set out in the report and in Appendix A to the report be agreed.
(v) it be noted that Overview and Scrutiny (O&S) will review the HRA Business Plan financial projections as part of the budget scrutiny process.
(vi) it be agreed that given the positive impact of street purchases on the overall programme, the existing delegation to the Head of Housing (no.14.9) be amended as set out in paragraph 35 of the report.
(vii) authority be delegated to the Head of Housing, in consultation with the Head of Finance and IT and the Portfolio Holder for Housing, to bid for and/or purchase land suitable for housing development, up to a value of £5m., subject to the availability of sufficient funding (as explained in paragraph 65 of the report).
(viii) the Council’s plans for future housing delivery as set out in Exempt Appendix B to the report, which represents the full delivery programme be agreed, and authority be delegated to the Head of Housing, in consultation with the Head of Finance and IT and the Portfolio Holders for Housing and Finance and IT, to vary the programme as necessary
(ix) the detailed delivery plan entitled “Building on Solid Foundations” at Appendix D of the report be endorsed.
Page 13 307 CA 101019
180 Joint Transportation Board Minutes – 10th September 2019
One of the Ward Members for Aylesford and East Stour referred to the Aylesford Place and Newtown Road Underpass repairs. The report from KCC Officers at the Joint Transportation Board meeting had been extremely disappointing, and indeed a month on since that meeting nothing had been done. It had now been made clear that the CCTV cameras there were not being monitored. KCC had made a pledge that they were going to get estimates to do the work but nothing had been done and they were now approaching the time of the year where there would be darker evenings and the underpass would become even more dangerous for those using it, including children going to and from the North School. He therefore asked if KCC could be encouraged to act sooner rather than later.
The Deputy Leader, who was also Vice-Chairman of the Joint Transportation Board, said he would raise this with KCC Officers. The Head of Community Safety and Wellbeing advised that she would also contact KCC Officers for an update on this. She advised that the cameras in this location had not been operational for a number of years and quotes for replacements were being pursued.
Resolved:
That the Minutes of the Meeting of the Joint Transportation Board held on the 10th September 2019 be received and noted.
181 Economic Regeneration and Investment Board Notes – 11th September 2019
Resolved:
That the Notes of the Meeting of the Economic Regeneration and Investment Board held on the 11th September 2019 be received and noted.
182 Schedule of Key Decisions to be Taken
Resolved:
That the latest Schedule of Key Decisions as set out within the report be received and noted.
183 Exclusion of the Public
Resolved:
That pursuant to Section 100A(4) of the Local Government Act 1972, as amended, the public be excluded from the meeting during consideration of the following item, as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the public were present there would
Page 14 308 CA 101019 be disclosure of exempt information hereinafter specified by reference to Paragraphs 1 and 2 of Schedule 12A of the Act, where in the circumstances the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
184 Corporate Property and Projects – Service Changes
The Portfolio Holder introduced the confidential report which asked Cabinet to consider proposals to change the Corporate Property and Projects Service, the impact these would have on the delivery of service priorities and the consultation process followed.
Resolved:
That (i) the recommendations of the Joint Consultative Committee of 27th September 2019, which note the outcomes of the consultation and proposals for the Corporate Property and Projects Service, be endorsed.
(ii) the implementation of the service changes of the Corporate Property and Projects Service be approved as outlined in the Joint Consultative Committee report of 27th September 2019.
Recommended:
That the potential costs of £46,427 resulting from early release of pension on the grounds of redundancy be approved.
______
Queries concerning these Minutes? Please contact Member Services: Telephone: 01233 330349 Email: [email protected] Agendas, Reports and Minutes are available on: http://ashford.moderngov.co.uk
Page 15 309 This page is intentionally left blank Agenda Item 6 Agenda Item No:
Report To: Cabinet
Date of Meeting: 28 November 2019
Report Title: Quarter 2 2019/20 Performance Report
Report Author & Tom Swain Job Title: Governance and Data Protection Officer
Portfolio Holder Cllr. N Bell Portfolio Holder for: Finance and IT
Summary: This report summarises performance against the council’s suite of key performance indicators (KPIs) for Quarter 2 (1st July to 30th Sept) 2019/20.
It also provides an overview of key developments in the delivery of the council’s corporate plan priorities over the same period.
Key Decision: No
Significantly None Affected Wards:
Recommendations: Cabinet is asked to:-
I. Consider the performance data for quarter 2 2019/20 (Appendix 1)
Policy Overview: A review of the council’s performance monitoring arrangements was undertaken during the latter half of the 2017/18 municipal year to reconcile key performance indicators, service level performance data and the council’s existing programme management processes. The revised performance framework and monitoring arrangements will allow for Heads of Service to more readily integrate performance data into programme management and the service planning process.
Financial None Implications:
Legal Implications None
Equalities Impact Not required as the report presents information on past Assessment council performance and does not recommend any change to council policy or new action.
Other Material None Page1 17 Implications:
Exempt from No Publication:
Background None Papers:
Contact: [email protected] – Tel: (01233) 330432
Page2 18 Agenda Item No.
Report Title: Quarter 2 2019/20 Performance Report
Introduction
1. This report seeks to provide an overview of performance against the council’s key performance indicators for quarter 2 2019/20. The council’s performance framework captures key performance data from across the organisation as it relates to the council’s Corporate Plan.
Background
2. A review of the council’s performance monitoring arrangements was undertaken during the latter half of the 2017/18 municipal year to reconcile key performance indicators, service level performance data and the council’s existing programme management processes.
3. A revised performance framework was endorsed by Cabinet at the end of 2017/18, with recording against the new key performance indicators beginning in April 2018. The new monitoring arrangements will allow for Heads of Service to more readily integrate performance data into programme management and the service planning process.
Quarter 2 Performance
4. Commentary on individual performance indicators is included within the appendix to this report. Performance against the majority of key performance indicators for quarter 2 is above target, however in some areas performance is below target. Directors and Heads of Service are aware of these drops in performance and work is ongoing to address any underlying issues.
Quarter 2 Corporate Plan developments
Enterprising Ashford: Economic Investment and Growth
5. July saw the launch of the 'Woodchurch Wagon', a 16-seater minibus; the second vehicle in a wellbeing initiative created by Ashford Borough Council and named 'Community Connect'.
Woodchurch parish councillors have been working, in partnership with Ashford Borough Council, to arrange the provision of the service. The vehicle was named by children from Woodchurch Primary School.
The scheme was created because of the need to increase transport options in rural areas and reduce social isolation. Many community groups own and run minibuses or other vehicles. These vehicles may have a limited use and can be expensive to run. The not for profit Community Connect scheme allows community groups to access a vehicle as they require it.
6. August saw the announcement of the UK’s very first Dansaki Afro-Caribbean restaurant which will open at Elwick Place, bringing an exciting new food and drink concept to the town.
Page3 19
It follows the news that Macknade is opening a restaurant and food hall at the council-owned town centre development, which is home to a Picturehouse cinema and Travelodge hotel.
Dansaki aims to serve an exquisite range of Afro-Caribbean and continental cuisine, creating a “destination restaurant” offering a fine dining experience in a cosy and welcoming atmosphere. Décor will feature bright African colours and amazing tribal patterns and artwork on the walls.
7. August also saw the start of the phased opening of the Coachworks with the opening of the Yard Barn. This outdoor entertainment space opened serving Curious Brewery beer and cider and Macknade’s pizza and gelato to its first visitors.
The Coachworks scheme - designed by Carl Turner Architects - involves transforming three buildings into a mixed-use food, leisure and business campus.
Living Ashford: Quality Housing and Homes for All
8. July saw a cluster of major developments in Ashford being included in a national government housing building initiative and allocated £150,000 funding to support their delivery.
The South of Ashford Garden Community, which includes the Chilmington, Court Lodge and Kingsnorth Green developments, have been named as one of 19 garden villages announced by the government which will receive a share of a £3m fund to help with the next stage of their development.
9. In September Ashford Borough Council continued its zero tolerance approach to antisocial behaviour securing court orders to tackle drug dealing at three properties.
Ashford Borough Council successfully applied for court orders at three separate properties which have all been associated with persistent drug use and anti-social behaviour.
It is the first time that the council has brought three cases in one day and is a clear sign that the authority is determined to keep up the pressure against people who use council properties for illegal purposes.
10. Five years after Ashford Borough Council launched the innovative Christchurch House project that has succeeded in benefitting homeless households and saved local taxpayers money, it has unveiled a second scheme that is expected to build on this success.
The building, 112 Beaver Road, is close to Christchurch House and was formerly used to house clergy from the neighbouring Church.
Page4 20 The authority has bought it for £430,000 from the Church of England and will invest around £500,000 to convert it into eight homes, capable of providing temporary accommodation for up to 25 people.
Active and Creative Ashford: Healthy Choices through Physical, Cultural and Leisure Engagement
11. July saw the return of Create Festival, already one of the South East's biggest and longest established free music festivals. This year marked the 24th year of the festival and was headlined by iconic Britpop band, The Lightning Seeds.
Alongside the four music stages, festival-goers were also able to enjoy local street food, children's rides and entertainment, interactive theatre and refreshments from Ashford's new neighbours, Curious Brewery.
12. Also in July after months of planning and weeks of renovation, Ashford's One You health shop opened the doors to its brand new (bigger and better) home.
One You is a national campaign run by Public Health England, however the Ashford shop is the only physical location in the country where visitors can pop in to get advice on a range of things such as healthy weight programmes and support to stop smoking.
The shop is a partnership between Ashford Borough Council, Kent County Council and Kent Community Health NHS Foundation Trust. Originally opening in February 2017 it has welcomed over 4,000 visitors.
The new shop can still be found in Park Mall but the larger space provides a host of extra facilities including a new training kitchen and exercise area, a public Changing Places toilet for those with extra needs as well as a family friendly area for parents to sit, relax and feed their babies.
13. Ashford’s Town Centre ended the summer in style with an exciting, action- packed event combining cakes and canines: the Great British Bark Off.
The first event of its kind in the town centre, the Great British Bark Off provided residents and visitors to the town with a fun, free family event.
Hosted by Loveashford in partnership with Emergency Exit Arts, the Great British Bark Off combined a dog show with a Great British Bake Off•inspired cake competition for local businesses.
Over 30 dogs were entered into the show, which had four categories: best owner-dog relationship, most unusual talent, best story and best celebrity look-a-like.
Page5 21 Attractive Ashford: Countryside and Townscape, Tourism and Heritage
14. July saw cabinet approval of a draft masterplan for Conningbrook Lakes Country Park which will provide a mix of recreational facilities for residents and visitors alike to enjoy while protecting the rich natural environment.
Since planning permission was granted for the Country Park in 2014, various works have been completed to enable limited use of the park. These include a basic access road, new permanent concrete slipway, temporary storage facilities and an aeration system being installed in the lake.
One of the aims of the draft masterplan is to develop these temporary facilities and provide them on a permanent basis along with a new children’s destination play area, picnic areas, access paths, public art, car parking, a new access road and enhanced conservation/landscaped areas.
15. Also in July Ashford Borough Council was awarded more than £3 million from the National Lottery Heritage Fund and The National Lottery Community Fund to revitalise Victoria Park.
The funding, thanks to National Lottery players, means the council can deliver its exciting plans to redevelop and restore one of Ashford's oldest and most- loved green spaces, working with the local community, volunteer groups and the Friends of Victoria Park.
Proposals include a new children's play area, improvements to the river, improved lighting across the park, and a new community hub building with cafe, and new toilets. The iconic Grade II Listed Hubert Fountain and the surrounding piazza area will also be restored and repaired.
16. At July’s meeting of Council, it was announced that a key element of the council new five year corporate plan commencing in 2020 would be a stride towards carbon neutrality with an aspiration for the council to be 80% carbon neutral by the end of that corporate plan 2025, and to be completely carbon neutral by the end of the following corporate plan 2030.
This will reinforce the status of Ashford Borough being the Garden of England Borough right in the very heart of Kent. In addition this objective will also be the number one priority for delivery in the new emerging Big Eight Projects for the Ashford Strategic Delivery Board.
17. In September’s Cabinet meeting, councillors heard that more than £767,000 had been collected in section 106 funding in 2018/19, earmarked to help improve voluntary services, outdoor spaces, parks and allotments in Tenterden; play areas in Wye and Challock; and used to help fund the improvements to Victoria Park.
A section 106 agreement allows the council, as the local planning authority, to enter into a legally binding agreement with a land developer over an issue related to the development proposed. These obligations enable the council to secure contributions to services, amenities or infrastructure to help meet the needs arising from that development.
Page6 22
Conclusion
18. Quarter 2 shows a continuation of strong performance in a number of key areas and further delivery against the aims of the council’s corporate plan.
Contact and Email
Tom Swain, Governance and Data Protection Officer [email protected]
Page7 23 Quarterly 2 2019/20 Performance Report
PI Status
Alert
Warning
OK
Unknown
Data Only
Page 24 Page Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status In line with the rest of the town centre, Park Mall vacancy rates rose slightly this quarter (Park Mall – 9.4%, County Square – 8.9%, Elwick Place – 80%, Town centre streets – 13.2%). Overall town centre vacancy is 14.1% with 46 units vacant out of 326, a rise No. of vacant units of 3.2% which mostly results from within Park Mall - KPI01 town centre shop units becoming collected quarterly vacant. The figure does include three through survey 3 0 2 0 3 0 Park Mall additional, redeveloped units at carried out by Vacancy Rates Elwick Square which are currently Economic vacant and skew the rate upwards. Development
One additional empty unit compared to the previous quarter. Figure the same as Q2 2018/19.
Warning status triggered at 3 units, alert at 5.
8 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status Usage up from last quarter and comparable quarter from the previous year.
11th August free parking was available in Civic Centre and Stour KPI02 No. of vehicles Centre Car Park and on 31st August parking in Ashford free parking in Edinburgh Road Car Ashford Town town centre car 184,593 N/A 177,236 N/A 184,631 N/A Park to promote events, this may Centre Car Park parks as recorded have resulted in a figures being Usage by Parking Services slightly underreported.
Additional spaces as Vicarage Lane and Elwick Place Car Park open compared to previous year.
Page 25 Page Income up from last quarter but down slightly on comparable quarter from the previous year.
11th August free parking was Income for Ashford available in Civic Centre and Stour KPI03 town centre car Centre Car Park and on 31st August
parks - cash, card free parking in Edinburgh Road Car Ashford Town £430,761.38 N/A £420,166.73 N/A £426,434.72 N/A and mobile Park to promote events this may have Centre Car Park transactions resulted in a figures being slightly Income combined underreported.
Additional spaces as Vicarage Lane and Elwick Place Car Park open compared to previous year.
KPI04 Average spend per user has Average spend per decreased slightly from quarter 1, Ashford Town visit - Ashford town £2.33 N/A £2.37 N/A £2.31 N/A Comparable figure for the same Centre Car Park centre car parks quarter last year £2.38. average spend
9 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status KPI05 Usage up from last quarter but down No. of vehicles on comparable quarter from the parking in 112,903 N/A 114,786 N/A 118,543 N/A Tenterden Car previous year. Tenterden car parks Park Usage Income for KPI06 Income up from last quarter but down Tenterden car parks on comparable quarter from the - cash, card and £219,690.93 N/A £220,273.75 N/A £226,055.06 N/A Tenterden Car previous year. mobile transactions Park Income combined KPI07 Average spend per Figure roughly constant with strong Tenterden Car visit - Ashford town £1.95 N/A £1.92 N/A £1.91 N/A figures showing for the summer
Park average centre car parks months of July and August. spend 26 Page No. of pre-start and start up businesses Activity rates remain low. This is supported by partly due to the summer holidays, Ashford Borough which generally depress enquiry Council through levels, but steps are being put into KPI08 service level place to increase engagement from agreement with September onwards. As previously New Kent Invicta 24 36 3 36 4 36 planned, the Kent Invicta Chambers
Businesses Chamber of of Commerce and ABC website again Supported Commerce - data direct businesses to book 1:1 provided by appointments with business advisors, Chamber of which should help to improve takeup Commerce to levels. Economic Development Business rates collections have % of national non- exceeded target for quarter 2. KPI13 domestic rates
collected by the 99.13% 99% 30.25% 24.75% 55.89% 49.5% It should be noted that the target for Business Rates council - cumulative collections is 99% across the financial Collection figure per month year, with a quarterly projection of collection rates set as target for each
10 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status quarter. Rent loss on void Total Rent Loss = 31,183 KPI14 social rent
properties as a % of 0.24% 0.3% 0.21% 0.3% 0.34% 0.3% Debit Raised = 9,098,401 Social rent void the rent roll for HRA loss social properties TOTAL SOCIAL RENT = 0.34% Rent loss on void Total Rent Loss = 19,488 KPI14A affordable rent
properties as a % of 1.06% 1% 0.93% 1% 0.97% 1% Debit Raised = 2000,150 Affordable rent the rent roll for HRA void loss social properties TOTAL AFFORDABLE = 0.97% The council is delivering on two sites at the current time - Ragstone Hollow
Page 27 Page in Aldington ( 2 x 3-bed chalet bungalows and 2 x 1-bed bungalows) and The Weavers in Biddenden (2 x 2-bed chalet bungalows). These will, we anticipate, be handed over in Q3.
However, in the meantime we have KPI15 completed on four properties that are No. of additional new-builds that are homes acquired Council new build affordable 34 N/A 0 N/A 4 N/A through a s106 agreement in Affordable homes delivered by Chequers Green, Shadoxhurst. Housing - New council housing These are 2 x 2-bed houses for Build affordable rent and 2 x 2-bed houses for shared ownership. These are homes the council has acquired off- plan from developer Jarvis. The council acquired them because there was no other registered provider in the market for them.
11 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status In the current quarter (to the end of July) we have acquired 6 such properties. Now our financial position is clearer and with direction from the portfolio holder and senior officers we will seek to step up the programme of KPI15A street purchase acquisitions for the No. of additional on- remaining quarters of the year and Council street purchase into the next financial year. We have Affordable affordable homes 2 N/A 0 N/A 6 N/A had 12 further offers accepted and Housing - On- delivered by council the conveyancing side of things is Street housing with our legal team. Purchases
Page 28 Page
20 properties were handed over to Golding Homes. These were all homes for affordable rent (a mix of 7 x 1-bed flats and 13 x 2-bed flats) in Repton Park - taken receipt of by Golding Homes.
KPI16 In Jemmett Road, Orbit took receipt No. of new of 6 x 1-bed flats and 12 x 2-bed flats Registered affordable homes for affordable rent. They also took 32 N/A 16 N/A 66 N/A Provider delivered by receipt of 3 x 3-bed houses and 1 x 4- Affordable registered providers bed house for shared ownership. Housing West Kent Housing Association took receipt of 6 x 1-bed flats, 3 x 2-bed flats, 14 x 2-bed houses and 1 x 3- bed house all for shared ownership and all at Smallhythe Road in Tenterden.
12 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status
Usage of Bed and Breakfast KPI17 accommodation continues its No. of people downward trend. placed in Bed and B&B 5 0 2 0 0 0 Breakfast Accommodatio For comparison Q2 2018/19 8 accommodation n households were accommodated in Bed and Breakfast facilities. Information recorded monthly with final month of the quarter recorded as a KPI snapshot.
Page 29 Page July saw 91 people placed in nightly paid accommodation. Numbers No. of people KPI18 higher as not using B&B now and placed in Nightly there is very little move on Paid Nightly Paid 77 N/A 88 N/A 88 N/A accommodation. accommodation as Accommodatio at the end of the n Only 8 properties let through Choice reporting period Based Lettings during August.
At end of Sept numbers slightly down on previous month. Had several Social Letting Agency properties come through this month. Information recorded monthly with final month of the quarter recorded as KPI19 a KPI snapshot. No. of people Other placed in Other At end of Sept. 26 Private Sector 70 N/A 48 N/A 42 N/A Temporary Temporary Leasing, 8 in Christ Church House Accommodatio accommodation and 8 own stock. Continuing to n convert those in Private Sector Leasing to Social Letting Agency wherever possible. A few properties
13 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status have been handed back to the landlord. KPI20 No. of Total approaches up both against
homelessness 435 N/A 391 N/A 453 N/A previous quarters and against the Homelessness presentations same period last year. Presentations July, 14 preventions.
KPI21 No. of households Aug, 29 preventions double the where 69 N/A 64 N/A 58 N/A previous month but comparable to the Homelessness homelessness was previous year. Preventions prevented
Sept, 15 preventions. Page 30 Page August showing the highest number across the quarter with 31 cases finding accommodation.
More information on our homelessness statistics are periodically reported to the Ministry of KPI22 No. of households Housing, Communities & Local where 37 N/A 43 N/A 50 N/A Government and can be seen at the Homelessness homelessness was following link: Reliefs relieved https://www.gov.uk/government/collec tions/homelessness- statistics?utm_source=7d4c5bf8- 565a-47c6-a3a0- 8ac34f0c503a&utm_medium=email& utm_campaign=govuk- notifications&utm_content=daily No. of households KPI23 resettled in the
Borough under the Rate dependent on availability of Refugee 3 N/A 1 N/A 4 N/A Vulnerable Persons suitable property. Households Resettlement Resettled Programme
14 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status No. of refugees KPI24 resettled in the
Borough under the Refugee 14 N/A 2 N/A 18 N/A 8 adults and 10 children Vulnerable Persons Persons Resettlement Resettled Programme Average turnaround of RTB2 response to right to buy applications Average time taken KPI25 for the last quarter well within the 28 to process an RTB2 day target form with 28 day RTB2 28 day 9.92 28 11 28 7.45 28 target time processing Note: The RTB2 form is the notice admitting or denying time that a council sends to a tenant who the right to buy has applied to buy their home through
Page 31 Page the Right to Buy scheme. Average time taken KPI25A to process an RTB2 Average turnaround of RTB2
form with 56 day response to right to buy applications RTB2 56 day 9 56 12 56 10.5 56 target time for the last quarter well within the 56 processing admitting or denying day target time the right to buy Sept saw 9, A good month for completed works, on course to spend all the budget.
KPI26 Aug saw 3.The figure is low but No. of disabled nothing to worry about. The reason is Disabled facilities grants 36 N/A 13 N/A 19 N/A down to the holiday season. Facilities administered by the
Grants council July saw 7. Slightly down compared Administered to last year for July, but overall we are two cases up with the average up for this year.
KPI27 Average spend per Sept was our best month for this £397,962.91 N/A £158,838.66 N/A £237,981.52 N/A disabled facilities financial year for spend. The amount
15 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status Disabled grant administered is double compared to last year. Over Facilities Grant the coming months we will need to Spend keep an eye on the spend to ensure we don't go over our budget.
Aug saw a low figure due to the holiday period.
KPI30 No. of complaints The figure is about normal for this
received regarding time of year. Complaints are likely to Private Rented poor conditions in 75 N/A 60 N/A 55 N/A increase as we head into winter with Sector the private rented reports regarding damp and mould
Condition 32 Page sector and heating. Complaints KPI31 Sept saw 8 complaints resolved No. of complaints within a month. Most were fairly regarding poor Informal Private straightforward to conclude as works conditions in the Rented Sector 20 N/A 19 N/A 21 N/A required were minimal and in some private rented Condition cases advice was given sector resolved Complaint informally Resolutions Aug saw 3 and July 10. KPI32 No. of complaints
regarding poor Formal Action Two improvements issued to ensure conditions in the Private Rented 0 N/A 2 N/A 2 N/A an unsafe window is addressed and private rented Sector repairs undertaken to a ceiling. sector resolved with Complaint formal action Resolutions KPI32A % of ABC One Flat showing overdue but this flat properties with up to is decanted and gas capped off so 99.91% 100% 99.87% 100% 100% 100% Gas Safety date gas safety doesn't need landlord gas safety Certificates certificates record, records to be amended. KPI33 % of businesses in Same number of non-compliant 98.18% 98.5% 98.43% 98.5% 98.68% 98.5% the borough with a premises slightly less premises
16 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status Food Hygiene food hygiene rating overall hence slight reduction. Rating above 3* KPI34 % of lifeline calls
answered within 60 99.84% 97% 99.81% 97% 99.74% 97% This KPI continues to be above target Lifeline Call seconds Answer Speed KPI37 % of planning Planning applications 91% 90% 92% 90% 92% 90% On target
Application approved Approvals The Planning Guarantee is the Governments tool for monitoring
Page 33 Page speed and quality of planning decisions. The speed element assesses the 24 month period between October 2017-September 2019 rather than monthly performance. It also monitors over a subsequent overlapping period of % of major planning October 2018-September 2020. applications KPI38 determined within The speed of major decisions within 13 weeks (or within Speed of Major this period up to the end of Q2 19/20 such extended 66.67% 60% 53% 60% 43% 60% Planning was 65%. Whilst quarterly period as agreed in Application performance may fluctuate, the key writing between the Decisions indicator is the performance over the applicant and the entire two-year assessment period local authority) set within the context of the national threshold of 60% for major decisions.
The performance over the forthcoming assessment period is to be monitored and managed as necessary with a view to maintaining continuous performance figures at or
17 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status above the threshold.
% of minor and other planning applications KPI39 determined within 8
weeks (or within Speed of Non- such extended 68.94% 65% 87% 70% 82% 70% On target Major Planning period as has been Application agreed in writing Decisions between the applicant and the council). KPI40A 34 Page % of major planning Quality performance is that at the end
application of the Qtr but final figures will not be Quality of Major New Performance Measure for decisions 4% 10% 4.8% 10% known until December 2019. Planning 2019/20 overturned at Assessment period is April 2017 - Application appeal March 2019 with a 9 month lag period Decisions KPI40B % of non-major Quality performance is that at the end
planning application of the Qtr but final figures will not be Quality of Non- New Performance Measure for decisions 0.58% 10% 0.67% 10% known until December 2019. Major Planning 2019/20 overturned at Assessment period is April 2017 - Application appeal March 2019 with a 9 month lag period Decisions KPI41 % of planning
contraventions Planning resolved without the 33.67% 37% 45.33% 37% 44% 37% On target Contraventions need for formal Resolved action Informally KPI43 Collection rates for quarter 2 are on Council Tax target to deliver the annual target 98.11% 98.25% 30.38% 24.5% 58.35% 49% Council Tax Collection Rate collection (98.25% by year end). Note Collection Rate for 2019/20 annual target has been
18 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status projected equally across each quarter. KPI44 Average time taken
to process a benefit Benefit change of circumstance Benefit Change change of 2.6 10 2.82 10 2.64 10 processing times remain well within of circumstance in no. target limits for quarter 2. Circumstance days Processing KPI45 Average time taken Processing times for quarter 2 remain Benefit New to process a new 23.42 28 25.63 28 23.5 28 within target and show improvement Claim benefit payment against previous quarter. Processing claim in no. days Time Page 35 Page KPI48 Figures lower than previous quarter % of tourism % of Ashford TIC and comparable from the year before. related contacts made in 64.47% N/A 55.55% N/A 53.8% N/A However with snowdogs launching contacts to person last September always likely to be the Ashford TIC case. made in person KPI52 % of borough waste Awaiting Septembers figures, August recycled or 48% 50% 55.67% 50% Awaiting Data 50%, July 52% Recycling Rate composted KPI53 % of successful
refuse collections Refuse 99.96% 99.97% 99.97% 99.97% Awaiting Data Awaiting Data from Contractor per 100,000 refuse Collection collections made. Success Rate % of freedom of KPI55 information 250 FOI requests received within the
requests responded 98.25% 97% 95.5% 97% 98.4% 97% quarter of which 4 were responded to FOI Response to within 20 working outside the 20 working day deadline. Rate days
19 Code & Short Q4 2018/19 Q1 2019/20 Q2 2019/20 Description Latest Note Name Value Target Status Value Target Status Value Target Status Number of major personal data Internally reported data protection KPI56 breaches recorded issues investigated and appropriate (as required to be 2 0 1 0 0 0 action taken, 0 meeting the Major Personal reported to the necessary threshold for external Data Breaches Information reporting to the ICO. Commissioner's Office ICO) FTE in September was 5.28 KPI64 Average wait time
for customer service 4 csa’s took sick leave totalling 140 Average Speed 0h 01m 0h 01m 0h 01m calls - to be 0h 01m 25s 0h 01m 34s 0h 01m 28s hours of Customer 38s 38s 38s benchmarked with Service Calls
Page 36 Page results across Kent 11 csa’s took annual leave totalling Answered 295.5 hours.
20 Agenda Item 7
Agenda Item No: 7
Report To: Cabinet
Date of Meeting: 28 November 2019
Report Title: Quarter 2 Financial Monitoring – to 30 September 2019
Report Author & Lee Foreman – Senior Accountant Job Title: Jo Stocks – Senior Accountant (HRA Section) Maria Hadfield – Senior Accountant (Capital Section)
Portfolio Holder Cllr. Bell Portfolio Holder for: Finance & IT
Summary: This report presents the forecast outturn for 2019/20 based on information available at the end of September 2019. The quarter 2 projections forecast a reduction of £17,000 since quarter 1 with the General Fund deficit now forecast to be £292,000 at year end. A full list of variances since quarter 1 are shown in table 2 at a service level. It is anticipated that through tighter financial control, the deficit can be reduced through the second part of the year. The Housing Revenue Account is forecasting an overspend of £469,000 for the year with £92,000 being added since quarter 1. This pressure is largely coming from increased feasibility work in progressing new building opportunities to expand the HRA Portfolio.
Key Decision: No
Significantly None Affected Wards:
Recommendations: The Cabinet is asked to:-
I. Note the forecast outturn position for the General Fund and the Housing Revenue Account. II. Note the Capital Monitoring and Treasury Management position – Including Appendix C which is Exempt. III. Recommend to Council that the fees for external printing are agreed as set out in Appendix B.
Policy Overview: The Budget is a key element supporting the delivery of the Council’s wider policy objectives.
Page 37 Financial The General Fund is reporting an overall deficit of £292,000 Implications: for quarter 2 which is a decrease of £17,000 from quarter 1.
This reduction is supported by utilising the £200,000 services contingency reserve and transferring £200,000 from the Economic Resilience Reserve which was approved in the quarter 1 report. The Housing Revenue Account is reporting an overall overspend of £469,000 which has increased by £92,000 since quarter 1. These positions will continue to be monitored and reported to Management Team to enable them to monitor progress against measures introduced at quarter 1 and look to manage the pressures going forward.
Legal Implications N/A
Equalities Impact As part of Budget Setting 2019/20 a full assessment was Assessment undertaken.
Exempt from Appendix B Not For Publication by virtue of Paragraph 3 of Publication: Part 1 of Schedule 12A of the Local Government Act 1972 as the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Contact: [email protected] – Tel: (01233) 330509
Page 38 Agenda Item No. 7 Report Title: Financial Monitoring Quarter 2 to 30 September 2019 Introduction and Background 1. This report captures the forecast outturn position for quarter 2 of 2019/20 based on information available until the end of September 2019. The aim of this report is to inform Management Team and Members of the variances from budget (both positive and negative) with focus on the movements since quarter 1 so that these can be understood and managed. 2. The report considers each of the following areas of the Council; General Fund, Housing Revenue Account, Capital Expenditure and Treasury Management. Summary of Current Overall Position 3. The current General Fund position is showing a forecast deficit of £292,000 which is a reduction of £17,000 from quarter 1. 4. A reduction in parking income of £240,000 due to lower than expected usage and the introduction of free parking after 3pm at Elwick place. 5. There is an overall pressure this quarter of £130,000 within Corporate Property, mainly due to commercial income. 6. To support the above pressures, £200,000 has been transferred from the Economic Resilience Reserve as agreed at quarter 1 to support commercial property letting, and the service contingency budget of £200,000 has been utilised. 7. Table 1 shows variances at a Directorate level, with further breakdown at Table 2 to a service level.
Page 39 Table 1 – General Fund Quarter 2 Budget Outturn Forecast as at 30 September 2019 – Directorate
Forecast Movement Current * Directorate Outturn (net) Variance from Quarter Budget (net) to 31/03/20 1 A C (B-A) £’000 £’000 £’000 £’000 a Chief Executive 1,357 1,358 1 (14) b Director Of Finance & Economy 2,598 3,313 714 58 c Director Of Law & Governance 1,112 1,773 661 277 d Director Of Place & Space 10,658 10,770 111 98 Net Service Expenditure 15,726 17,213 1,487 419 e Non service specific items (494) (1,689) (1,195) (436) Budget Requirement 15,232 15,523 292 (17) f Financing: (15,232) (15,232) 0 0 Total movement 0 292 292 (17)
Table 2 - General Fund Budget Outturn Forecast as at 30 September 2019 – Service
Forecast Movement Current * Service Outturn (net) Variance from Quarter Budget (net) to 31/03/20 1 A C (B-A) £’000 £’000 £’000 £’000 a Chilmington Management Organisation (0) 1 2 0 Corporate Policy, Economic a 1,357 1,356 (1) (14) Development & Communications b Corporate Property & Projects (2,271) (1,631) 639 136 b Finance & ICT 3,917 3,697 (220) (92) b Housing Services 952 1,247 295 14 c Community Safety and Wellbeing (316) 368 684 274 c HR & Customer Services 75 82 6 3 c Legal & Democratic Services 1,353 1,324 (29) (0) d Culture 3,295 3,410 115 83 d Environmental & Land Management 5,255 5,225 (30) 4 d Planning 2,108 2,134 26 11 Net Service Expenditure 15,725 17,213 1,487 419 e Capital Charges and net interest (2,492) (2,979) (486) 23 e Levies, Grants and Precepts 259 259 0 0 e Contribution (from)/to reserves 1,739 1,030 (709) (459) Budget Requirement 15,231 15,524 292 (17) Financing: f Retained Business Rates (4,721) (4,721) 0 0 f Council Tax (7,556) (7,556) 0 0 f New Homes Bonus (2,954) (2,954) 0 0 Total movement (0) 292 292 (17) * Cross referencing of Directorate Table to Service table
Page 40 8. The following narrative provides explanations of the material movements since quarter 1 which are identified in the table above, grouped into their directorate headings: Director of Finance & Economy
9. Corporate Property & Projects – In quarter 2 a further pressure of £200,000 has been identified in commercial income, £100,000 of this is due to lease management and this is being funded from economic risk reserve as reported and approved in quarter 1. The remaining pressure is due to voids not being filled as quickly as anticipated and forecasted rental increases not coming to fruition. 10. A reduction in the works scheduled at Ellingham Industrial Estate has saved £60,000 since quarter 1. 11. Finance and ICT – This area is currently showing a surplus with £102,000 of additional government grants that have been received in year for Benefits Administration; £15,000 of budget pressure has also been identified for increased software costs. Director of Law & Governance
12. Community Safety and Wellbeing– Overall this service is showing a further pressure of £274,000 since quarter 1. £246,000 is due to further reductions in parking income as usage figures are below expectations and a free after 3pm scheme has been introduced at Elwick Place. To support this scheme £100,000 has been transferred from the Economic Resilience reserve.
13. Environmental health are forecasting a pressure of £22,000 overall, this includes an income target of £37,000 for the One You Shop not likely to be achieved this year.
Director of Place & Space
14. Culture – The year end forecast for culture has increased by £83,000 since quarter 1, this is largely due to increased utility costs at the Stour Centre as the budget was built on the assumption that new leisure operator would commence in September, but this has been deferred until February. 15. Planning is currently in the process of advertising and recruiting to its new structure. During this phase the department are still reliant on the use of consultants and as a result a further £57,000 has been incurred. This has been funded from the change management budget which is being used to support the transition to the new structure. 16. With the potential for ongoing recruitment issues for the services in a tight market, the overall planning position is a risk to forecast and will be closely monitored going forward.
Page 41 Housing Revenue Account (HRA) 17. The Housing Revenue Account is showing an overspend of £469,000 compared to the original budget, based on information available to the end of September 2019. A breakdown of this extra spend is shown in Table 3 below, with commentary on variance following. Table 3 – 2019/20 Housing Revenue Account Outturn Position Forecast Movement Current Outturn (net) Variance from Quarter Budget (net) Budget Page to 31/03/20 1 A C (B-A) £’000 £’000 £’000 Income (24,843) (24,834) 9 9 Supervision and Management 5,770 6,058 289 208 Repairs and Maintenance 3,478 3,724 246 (125) Other 16,030 15,956 (75) 0 Net Revenue Expenditure 435 904 469 92 Capital Works - Decent Homes 4,600 4,233 (367) 0 Financed By: Contribution To/(From) Major Repairs (4,600) (4,233) 367 0 Reserve
Net Capital Expenditure (0) 0 0 0 Total Net Expenditure 435 904 469 92 Commentary on HRA Variances 18. Supervision and Management – £175,000 of emerging costs in this areas are required to facilitate feasibility studies, planning applications and other additional costs associated with the programme of new builds/refurbishment of sheltered, as detailed in the HRA Business Plan Report (October 2019). 19. Repairs and Maintenance - The most recent HRA Business Plan detailed the need for additional street property purchases. To facilitate this increased activity, additional resource is required from the surveyors in Housing, to inform the purchasing decision of each property. As a result there will be some slippage in other Planned Maintenance works until a new surveyor is recruited to support the team. Savings of £160,000 have been identified to free up this resource this year. 20. Expenditure of £35,000 is required to facilitate the fit out of the Electricians unit at Carlton Road.
Page 42 Capital Monitoring
Elwick Place Development 21. Unit 1 has been let to Macknades who currently have premises in Faversham. The offer includes a high end delicatessen, fresh salad bar, a butcher grill, an evening bar and a flexible event space able to accommodate private and public functions. The striking interior has been designed by Guy Holloway which will support the high standards of the Elwick Place development. There will also be a Changing Places toilet facility within this unit. 22. Agreement in principle has been reached with Dansaki for Unit 6. This will create a multi-ethnic dining experience with Afro-Caribbean and continental cuisine on a single menu. A pre-opening date has been set for 14 December, with an anticipated formal opening date of 14 February 2020. 23. More information is provided at Appendix B which is Exempt from publication. Ashford Leisure Trust 24. See Appendix B as this update is Exempt from publication. Coachworks 25. The first phase of this project saw the preliminary opening of the Courtyard bar area on the 10 August 2019. The Corn Store and Hothouse will be completed during November and the full site is expected to be open for trading by the end of November 2019. The project currently has an overspend of £10,000 however, this is due to the inclusion of a Changing Places toilet facility at a cost of £51,375. 112 Beaver Road 26. Completion took place in June on a further property to reduce homelessness based on the concept of Christchurch House, 112 Beaver Road will now be converted accordingly for this purpose. Multi Storey Car Park 27. Following a downturn in parking income it has been decided to put the Multi Storey Car Park on station road on hold until car parks within the town centre are at capacity. Work will progress with the outline planning application to proceed to Planning Committee in November 2019. Enabling the project to commence expediently when appropriate. The budget of £9,500,000 will be removed from the capital plan. HRA Projects 28. The HRA Business Plan was presented to Cabinet in October 2019 and incorporates a number of new projects due to start in future years, with the Street Purchases scheme is being accelerated immediately. It was proposed in the Business Plan that around 25 properties would be purchased in 2019/20, up to a value of £5,000,000. Since the business plan was reported, it has been possible to accelerate the programme of street purchases, and it is now expected that an additional 15 properties will be purchased in 2019/20. The total spend on street purchases is expected to be £9,200,000. The street purchases scheme is important for both the HRA and the General Fund because the newly acquired properties can be used to alleviate the waiting list and therefore help with the issue of homelessness. Page 43 29. The re-development of East Stour Court is on target to deliver 29 units in 2021/22. The estimated cost of this development remains in line with the estimated reported at quarter 1. 30. Halstow Way is another development of sheltered housing, after gaining approval at planning committee (November 2019) works are expected to start later this year, and expected to deliver 17 units in 2021/22, this project is currently in line with budget expectations. 31. The Piper Joinery site was acquired earlier in the year at a cost of £1.4m, with an additional £500,000 expected to be needed in 2019/20. Approval to progress this site was given at Cabinet (October 2019). Our in-house architect is currently scoping out designs and a planning application will be submitted later in the year. It is anticipated that around 23 additional units will be provided in 2021/22. 32. The development at the Poplars is still in the early stages (with completion expected in 2021/22), expenditure is in line with the 1st quarter reporting and any delays in this project will be slipped to future years. 33. The affordable housing programme (phase 5) is nearing completion and continues in line with the HRA business plan, with 6 new units expected to be delivered in 2019/20, over two sites. There are a number of new projects included in the HRA Business Plan which are in the early planning stages, which will enable additional units in the future.
Page 44 Treasury Management 34. Capital Charges and Net Interest is showing a pressure of £23,000 in quarter 2 which is comprised of a saving in debt expenses (external interest) of £107,000 and an increase in MRP (Minimum Revenue Contribution) of £130,000. MRP is a statutory payment the Council has to make to offset the costs of capital projects over their anticipated lives. 35. The further savings in borrowing costs represent the current ‘borrowers’ market in local authority to local authority trading which has seen yields drop which has been of a benefit to the Council. In the quarter 1 budget monitoring report it was highlighted that that the decision to fix some debt with long term borrowing had weekend following interest rate forecasting. Since that report was issued, the PWLB (Public Works Loan Board) has increased rates by 1% which has made long term borrowing even less attractive, especially form the PWLB. New providers are moving into the space though and offering rates in-between the old and the new PWLB rate. New options will be reviewed and appraised for future use in conjunction with the Councils’ treasury management advisors. 36. The Interest to be received from the Treasury Management Investment portfolio is still in line with quarter 1 expectations. However, there has been some volatility in the markets with continued uncertainty around brexit domestically and weaker global growth. This has contributed to a reduction of £297,000 in the fair value of Council investments. This is market volatility and does not represent anything unusual although the Council along with its advisors will continue to monitor these funds, to ensure they are still performing as anticipated in accordance with fund objectives and remain an appropriate fit for the risk appetite of the Council. 37. A full list of the Council’s investment and borrowing portfolio is shown at Appendix A. Print Room Fees 38. Following the introduction of Mod.Gov. and the reduction in agenda printing, an element of capacity has been identified within the print room. The current team is very small so to ensure appropriate resilience they are looking at the provision of external printing. 39. To ensure that any work is manageable within the identified capacity, it is recommended to limit external work to other public bodies (schools and Parishes) and organisations engaged on behalf of the Council. 40. The fees will be set to ensure that at least costs are recovered but will be set at a rate which is extremely competitive and reflects the support for other public bodies for which the service will be offered. 41. A full price list is attached at Appendix B and Cabinet is asked to recommend these fees to Council for Approval.
Portfolio Holder’s Views 42. To be given at the meeting Contact and Email 43. Lee Foreman - [email protected]
Page 45 44. Maria Hadfield – [email protected] 45. Jo Stocks - [email protected]
Page 46 Appendix A Treasury Management Positions as at 30 September 2019
Counter Party Deal Date Rate Amount Fair Value Comment % £ £ Investment Accounts Goldman Sachs Various 0.53% 50,000 51,295 ** ICD Portal - Invesco Various 0.78% 5,789,700 5,789,700 * Payden Global MMF Various 0.91% 3,000,000 2,998,669 **
Total Investment Accounts 8,839,700 8,839,664
Long Term Investments
Local Authority Investments Blaenau Gwent 21/10/2014 2.00% 3,000,000 3,000,000 Matures 21/10/2019 Property Investment A Better Choice of Property Ltd.*** Various 275,001 272,765 Value as at 31/03/2019 CCLA Local Authority Property Fund Various 4.10% 11,000,000 12,189,549 Equity Funds** CCLA Diversified Income Fund Various 2.50% 3,000,000 3,081,740 Investec Diversified Income Fund 28/03/2019 4.62% 2,500,000 2,448,443 Kames Diversified Income Fund 13/05/2019 3.50% 5,500,000 5,551,046 Schroder Income Maximiser Various 4.19% 3,492,152 3,315,532 UBS Multi Asset Income Fund Various 3.35% 2,993,552 3,003,288 UBS Global Income Equity Fund 29/07/2019 2.00% 1,500,000 1,494,150
Total Long Term Investments 33,260,705 34,356,513
Total Investment Portfolio 42,100,405 43,196,177 * Money Market Fund (MMF) are AAA rated deposit facilities which have variable rates of interest but have constant net asset values. Interest rates are shown at the time of producing this report. ** Equity funds and the Property fund have variable rates of interest and also have fluctuating capital values, the amount stated is the current fair value. *** A Better Choice Of Property Ltd. is a solely owned subsidiary of ABC
Debt Portfolio as at 30 September 2019
Counter Party Deal Date Rate Amount Fair Value Comment % £ Temporary Borrowing PCC of Gloustershire 05/07/2019 0.78% 5,000,000 Maturity 07/10/2019 Hampshire County Council 05/07/2019 0.78% 10,000,000 Maturity 07/10/2019 West Midlands Combind Authority 05/07/2019 0.78% 5,000,000 Maturity 07/10/2019 PCC of Hertfordshire 05/07/2019 0.77% 3,000,000 Maturity 07/10/2019 PCC of West Yorkshire 08/07/2019 0.79% 10,000,000 Maturity 08/10/2019 East Suffolk Council 22/07/2019 0.78% 5,000,000 Maturity 22/11/2019 LB of Newham 23/07/2019 0.78% 7,000,000 Maturity 25/11/2019 Greater London Authority 20/08/2019 0.80% 15,000,000 Maturity 20/11/2019 Renfrewshire Council 22/08/2019 0.82% 5,000,000 Maturity 22/04/2020 Renfrewshire Council 27/08/2019 0.75% 4,000,000 Maturity 27/02/2020 Leeds City Council 30/08/2019 0.67% 6,000,000 Maturity 04/11/2019
Total Temporary Borrowing 75,000,000 Long Term Borrowing Public Works Loan Board*** various various 113,664,150 Maturity Date - various
Total Long Term Borrowing 113,664,150
Grand Total Borrowing 188,664,150 *** HRA borrowing Page 47 Appendix A Detail of PWLB Loans outstanding
All these loans are as a result of the HRA Buyout. This is a breakdown of the £113.7m referenced above.
Date of Advance Loan Ref Date of Amount Rate Number Repayment Outstanding 28/03/2012 499502 28/03/2020 5,000,000 1.99% 28/03/2012 499501 28/03/2021 2,000,000 2.21% 28/03/2012 499500 28/03/2022 7,000,000 0.86%* 28/03/2012 499516 28/03/2022 2,000,000 2.40% 28/03/2012 499514 28/03/2023 2,000,000 2.56% 28/03/2012 499507 28/03/2024 3,000,000 2.70% 28/03/2012 499503 28/03/2025 3,000,000 2.82% 28/03/2012 499505 28/03/2026 1,000,000 2.92% 28/03/2012 499496 28/03/2027 1,000,000 3.01% 28/03/2012 499509 28/03/2028 2,000,000 3.08% 28/03/2012 499497 28/03/2029 2,000,000 3.15% 28/03/2012 499510 28/03/2030 2,000,000 3.21% 28/03/2012 499498 28/03/2031 8,000,000 3.26% 28/03/2012 499511 28/03/2032 9,000,000 3.30% 28/03/2012 499499 28/03/2033 10,000,000 3.34% 28/03/2012 499512 28/03/2034 11,000,000 3.37% 28/03/2012 499506 28/03/2035 12,000,000 3.40% 28/03/2012 499513 28/03/2036 9,000,000 3.42% 28/03/2012 499515 28/02/2037 16,713,000 3.44% 29/03/2011 498502 29/03/2061 5,951,150 5.26% Total 113,664,150
* Variable Rate Loan, the others are fixed rate
Page 48 Appendix A A Better Choice for Property Loans as at 30 September 2019
Balance Loans Deal Date Rate Amount Outstanding % £ £
Loan 2 07/11/2014 3.69% 600,000 577,685 Loan 3 12/02/2015 2.83% 400,000 298,612 Loan 4 27/03/2015 3.68% 120,000 116,026 Loan 5 28/10/2015 3.74% 125,000 121,449 Loan 6 18/12/2015 3.74% 345,000 335,903 Loan 7 26/02/2016 3.74% 1,495,000 1,455,503 Loan 8 10/08/2016 3.52% 560,000 546,598 Loan 9 22/07/2017 3.04% 1,445,000 1,419,097 Loan 10 01/11/2017 3.56% 400,000 394,065 Loan 11 15/12/2017 3.58% 277,000 273,836 Loan 12 25/03/2018 3.06% 240,000 236,818 Loan 13 04/05/2018 3.13% 2,490,000 2,468,571 Loan 14 05/06/2018 3.06% 1,196,311 1,185,824 Loan 15 05/07/2018 3.10% 113,000 112,020 Loan 16 25/09/2018 3.19% 823,000 816,055 Loan 17* 17/10/2018 3.45% 659,000 656,445 Loan 18 02/11/2018 3.31% 820,000 816,683 Loan 19 09/11/2018 3.29% 6,517,425 6,490,940 Loan 20* 01/02/2019 3.10% 93,890 93,486 Loan 21* 04/02/2019 3.10% 7,103,180 7,072,603 Loan 22 22/02/2019 3.03% 809,240 805,685 Loan 23* 04/03/2019 3.10% 941,360 937,303 Loan 24 17/06/2019 2.80% 160,000 160,000 Loan 25 01/07/2019 2.81% 91,776 91,776 Loan 26 06/09/2019 2.24% 568,400 568,400 Total loans to A Better Choice For Property Ltd 28,393,582 28,051,383 * These loans have been subsequently loaned to the companies subsidiary A Better Choice for Property Development Ltd.
Page 49 Appendix B
PRINT ROOM PRICE LIST
A4 LEAFLETS 150GSM SILK FULL COLOUR FULL COLOUR DOUBLE QTY SINGLE SIDED SIDED 100 £15 £25 250 £30 £50 500 £45 £70 1000 £85 £130
A5 LEAFLETS 150GSM SILK FULL COLOUR FULL COLOUR DOUBLE QTY SINGLE SIDED SIDED 100 £12 £20 250 £24 £40 500 £36 £56 1000 £68 £104
A6 (Postcard size) LEAFLETS 150GSM SILK
FULL COLOUR FULL COLOUR DOUBLE QTY SINGLE SIDED SIDED 100 £10 £16 250 £20 £32 500 £30 £45 1000 £55 £85
POSTERS FULL COLOUR - available in 190gsm Matt, Satin and Gloss 1 - 10 copies 10 - 25 copies A2 £9 each £7.50 each A1 £10 each £8.50 each A0 £12 each £10 each
A3 POSTERS 150GSM SILK FULL COLOUR FULL COLOUR DOUBLE QTY SINGLE SIDED SIDED 50 £20 £30 100 £30 £45 250 £55 £85 500 £95 £150
Page 50 Appendix B
BUSINESS CARDS 350GSM SILK 100 Business cards in plastic box £10
OTHER SERVICES
ALTERNATIVE PAPER OPTIONS FOR ALL PRINTING
170GSM - 200GSM SILK PLUS 15% 250GSM SILK PLUS 25% 300GSM SILK PLUS 30% 350GSM SILK PLUS 35%
Page 51 Appendix C
Page 52 By virtue of paragraph(s) 3 of Part 1 of Schedule 12A of the Local Government Act 1972.
Document is Restricted
Page 53 This page is intentionally left blank Agenda Item 8 Agenda Item No: 8
Report To: Cabinet
Date of Meeting: 28 November 2019
Report Title: The Medium Term Financial Plan 2020-25
Report Author & Maria Stevens Job Title: Head of Finance & IT
Portfolio Holder Cllr. Bell Portfolio Holder for: Finance & IT
Summary: This report presents the Medium Term Financial Plan, a budget forecast including underlying assumptions, covering a five year period from 2020 to 2025 for the General Fund (the Business Plan for the Housing Revenue Account reported to the Cabinet on 10 October) the Draft Budget for 2020/21 is also on this agenda.
The plan highlights the emerging pressures from cuts in Government Funding that need to be managed over the next four years. Management Team are currently working on plans to reduce the budget going forward.
The plan is based on the Council’s current activities and resources for new priorities and projects will need to be fully planned and the impact on the budget understood before approval.
Key Decision: YES
Significantly All Affected Wards:
Recommendations: The Cabinet is recommended to:-
I. Note the forecast and accept the underlying assumptions II. Endorse the Inflation Management Strategy III. Note that 2020/21 funding will be based on current funding with spending reviews, fair funding and Business Rate changes now to be implemented from 2021/22 IV. Delegate authority to the Director of Finance and Economy in consultation with the Leader and Portfolio Holder for Finance and IT to agree the Council’s continued participation in the Kent Business Rates pool Page 55
Policy Overview: In line with the Council’s commitment to agree an annual budget and financially plan for the next 5 years
Financial The Medium Term Financial Plan is built based on the Implications: current Corporate Plan 2015-2020, this ensures that financial resources are used to deliver the Council’s priorities.
The process has included identification of £500,000 savings from 2020/21 to ensure the Council has a balanced draft budget for next year.
Further work in underway to find the gap in the Medium Term Financial Plan and this will be achieved through further income generation and transformation, including digital.
Equalities Impact As part of the Budget Setting process presented to Cabinet Assessment in February each year.
Other Material None Implications:
Exempt from NO Publication: To be given at the meeting Portfolio Holder’s Views
Contact: [email protected] – Tel: (01233) 330547
Page 56 Agenda Item No. 8
Report Title: The Medium Term Financial Plan 2020-21
Purpose of the Report 1. This report presents the Medium Term Finance Plan that has been built based on current service activities, current levels of government funding and some reductions in business rate income which is currently under review. 2. To ensure the services continues to be delivered the Council has been developing an alternative to formula grant. These alternatives include generating income through investment in residential and commercial property. As highlighted in recent Budget Monitoring reports there has been a slowing down of take up in leases for new units. This has been modelled in the planning. 3. Members are reminded that this report covers the General Fund budget; the Council also has a Housing Revenue Account (HRA) and this has its own separate 30 year business plan and this was covered in detail in a report to 10 October Cabinet. 4. The draft budget has been prepared based on the Medium Term Financial Plan, the draft budget is to be presented at this meeting. Background & Context The Economy 5. The UK economy has displayed a marked slowdown in growth due to uncertainty including Brexit and now the general election. 6. Expectations of an interest rate rise have been curtailed in recent months with a weaker external environment, while the slowing UK economy will place pressure on the Monetary Policy Committee (MPC) to loosen monetary policy, and at the last meeting of the Bank of England (BOE) two members voted for an immediate cut in the base rate. 7. Inflation is currently running at 1.5%, which is below the 2% target set by the BOE. While the tight labour market risks medium term domestically driven pressure, slower global growth should reduce external pressures, although political turmoil could push up oil prices. EU-EXIT 8. The Government have again delayed the EU Exit and it is now looking to be on 31 January 2020 following the general election on 12 December 2019. There is not a current agreed deal so the option of a no deal is still on the table. 9. The Government have been working on a number strategies should there be no deal. With the final terms of the departure of the UK from Europe yet to be settled, the Chancellor has already signalled that a further Budget may be required should this departure be made without a formal deal. 10. To ensure a smooth transition it has been agreed that EU laws will become UK law on the day of exiting the EU.
Page 57 11. Ashford Borough Council along with other Kent authorities are working on strategies to minimise the impact of a no deal Brexit on Ashford and wider Kent. Some of these include: Road infrastructure, manage congestion at Ports Examining the impact of labour supply on key services Risk to the economy, e.g. fall in value of Sterling and rising costs Promoting Ashford and Kent as a UK headquarters for European businesses that trade in the UK Supporting UK business to business trade rather than EU to UK Promotion of tourism 12. There is dedicated work happening in Ashford through Management Team which includes working with local business. Covered by 4 themes: Identifying and speaking to key suppliers ensuring they have plans in place so services will not be disrupted Identifying specific service risks and developing mitigation strategies Reviewing business continuity arrangements. Extending business support and mentoring with the Business of Commerce. Participating in County wide Business Continuity and Emergency Planning exercises Government Agenda 13. Currently Ashford Borough Council is part of the Kent Pool for Business Rates which offers a number of benefits to the Council including benefiting from the business rate growth within the district. 14. Earlier in the Year Government abandoned a multi year spending review in favour of a one year settlement for 2020/21, based on the previous year’s settlement uplifted for inflation. The governments consultation paper on the settlement gave some indication on the direction of travel for future funding announcements which include a full reset of the business rates system and the ending of New Homes Bonus. All estimates of funding beyond 2020/21 are our forecasts based upon losing some growth from the business rates however assuming that the council will maintain current funding levels. This represents a major risk to the MTFP with Government working on the fair funding review and a comprehensive spending review, which are both imminent. Both of these have the ability to fundamentally affect the funding position of Local Government. There is a strong policy driver to divert funding to Social Care, which has a potential to transfer resources away from District Councils to County Councils. This needs to be balanced against the impact on District Councils and the need to maintain key service priorities. 15. There is a risk that other funding streams such as New Homes Bonus (NHB). The Council current builds around £2m into the base budget, £1.5m 50% of NHB funding and £0.5m annual approved projects within the base budget. The MTFP is built based on this funding continuing to be received at current levels. There is however information in the 2020/21 settlement that indicates the 2020/21 allocation will only be for one year, rather than including a further three year legacy payments. 16. Negative RSG, this is the term used where the funding mechanism calculates that an Authority has ‘too much resource’ and places a negative figure for Page 58 formula grant. This is effectively the redistribution of Council Tax resources around the country with the poorer areas receiving funding which will be financed by other authorities. There are serious issues of the fairness of this, as Local Councils make decisions on Council Tax Levels based on local needs and this can now be moved elsewhere. Ashford moved into negative RSG in 2019/20 however Government decided to waive the £240,000 that was payable, it is expected that this will also be the case in 2020/21. The Council will continue to raise its objection to this approach at every opportunity. It is anticipated that the Fair Funding Review will seek to reset funding levels for Authorities. 17. During October 2020 the Government increased the Borrowing rate from the Public Works Loan Board by 100 bases points. This will increase the cost of Long Term borrowing for Local Authorities. This increase could affect the viability of future projects but will not impact upon the rate of interest paid on existing PWLB loans. Government has also suggested that this may be reviewed for borrowing in relation to housing schemes. This positon needs to remain under review as the local authority lending market will evolve as a result of this change and may bring in alternative lenders at competitive rates. Local impact of Government Policy 18. Within the Borough Universal Credit went live in June 2018 and the Council has seen some adverse effects to housing debt. This is being reviewed and tenants supported where possible. The Housing Benefit case load is slowly reducing as residents transfer onto the new benefit, and it is estimated that this will be at a rate of 1,000 claims per annum, reductions in work within the Revenues and Benefits team are currently being managed through staff turnover and reduced use of outsourcing. 19. The Homelessness Reduction Act came into force during 2018 and that time Ashford invested in staff and strategies to strengthen the prevention. Over 2019/20 homelessness numbers have reduced and the Council is actively working on further strategies to reduce further, these strategies include increasing the Council’s Housing Stock through the purchase of on street properties. 20. The Council is looking to review, along with other local authorities, the countywide Council Tax Support scheme. The purpose of this is to simplify the scheme rather than make saving however there will be a reduction in the administration when is goes live in April 2020. The report will be presented to Cabinet in January 2020. One Year Settlement 21. The Government announced a one year settlement for 2020/21 (based on current funding levels) due to delays on Local Authority funding reviews. 22. The settlement estimates for 2020/21 within the MTFP are detailed in the table below: Table 1: one year settlement
2020-21 £m Settlement Funding Assessment 2.87 of which: Revenue Support Grant 0 Page 59 Baseline Funding Level 2.87 Tariff/Top-Up -16.32 Tariff/Top-Up adjustment 0 * The amounts in the table are totals rounded to 2 decimal places
23. It must be remembered that this only covers formula grant (which has reduced to £0) and there are major changes to government funding for local authorities including New Homes Bonus changes and business rates reform, which could reduce the Council’s funding in future years. Key Assumptions
24. Revenue Support Grant (historically the ‘staple’ of local authority funding) from 2019/20 a negative RSG payment to Government was expected to be made however the Government waived this and the MTFP assumption is or this to continue into 2020/21.
25. Assumptions have been made that key grants supporting the administration of the Revenues and Benefits team will see further reductions for 2020/21 and are expected to be 25% lower from 2019/20 levels as a result of further reductions in work due to Universal Credit. To manage this Finance has reduced staffing levels over the last few years and continue to do so through staff turnover. This has been achieved partly from increasing reliance on Customer Services.
26. Inflation is a factor that needs to be managed carefully within any financial planning regime. Inflation levels have continued to rise during 2019/20, and there is some uncertainty as we move into 2020/21. The MTFP reflects Arlingclose estimates of CPI returning to the 2% target and rising slightly nearer the end of the plan.
27. Interest rates have been forecast in line with the Arlingclose (Treasury Management Advisors) forecasts. As a short term borrower the Council is more open to interest rate risk. This strategy is in accordance with the Treasury Management Policy and is monitored by Officers alongside Arlingclose treasury advisors.
28. Pay – The MTFP current assumes a 1.7% cost of living increase. This has not yet been agreed with staff and Unison.
29. New properties – Assumptions for new properties have been based on information from the planning and visiting officer teams, looking at the number of properties under construction and taking a view on the delivery of sites with planning permission and allocated sites. It should be noted that the figures may differ from those in the emerging local plan but for prudence a lower figure is taken. These assumptions drive figures for growth in tax base which ultimately impacts upon Council Tax Yield, and new homes bonus receipts.
30. Business Rates – Increases in business rates are set by the CPI level in the preceding September.
31. Council Tax – Last year Government capped the level that council tax could be increased by without a local referendum at 3% or £5 whichever is the greater. A 3% increase would result in a £4.87 increase in Council Tax for a band D property. For planning purposes the MTFP has assumed the Page 60 maximum increase available to the Council a £5.00 (3.08%) increase for 2020/21, 2% increase in 2021/22 continuing for the remainder of the plan. The decision on the level of Council Tax is taken each year by Council in March. A table of assumptions is included in Appendix A Reserves
32. The Council’s general fund reserves - as at 31 March 2019 - are shown in Table 3 below, with a forecast for movements within the current financial year. This shows that the Council’s reserves are robust and adequate. The Council has a policy of maintaining the general fund balance of at least 15% of net budget requirement which is currently around £2.4m. Reserves have been earmarked to fund a number of Corporate Projects; the corporate project plans are monitored and updated regularly.
33. As part of the closure of accounts members requested a further reserve to be created that provides additional funding to support the Council’s revenue budget in the event of an economic downturn.
34. The Council runs a single pot approach to fund corporate plan projects. This effectively allows reserves that are not earmarked for a specific purpose to be made available for projects. This strategy enables the Council to allocate funding to future income generating projects, as well as projects that will regenerate and support the Borough.
35. The current project plan is fully funded with a number of other projects being developed, funding will be approved based on projects meeting criteria set out in the plan. Table 2: Summary of Earmarked Reserves Balance 2019/20 Estimated 2020/21 Estimated as at 31 Transfers Balance Transfers Balance March as at 31 as at 31 2019 March March 2020 2021
£’000 £’000 £’000 £’000 £’000
Earmarked reserves
Projects 7,020 (1,780) 5,240 (3,000) 2,240
Risk Management 5,650 (500) 5,150 (1,000) 4,150
Maintenance of Assets 1,770 (750) 1,020 (250) 770
Service and other 2,270 (250) 2,020 (250) 1,770 earmarked Developer Contributions 6,220 (500) 5,720 (1,500) 4,220 Total Earmarked 22,930 (3,780) 19,150 (6,000) 13,150
General Fund Balance 2,290 130 2,420 130 2,550
Total General Reserves 25,220 (3,650) 21,570 (5,870) 15,700
Page 61 Inflation Management Strategy
36. Within the MTFP model the cost of inflation (£655,000) outweighs the increases in revenue generated by inflationary increases in fees and charges (£222,000), on average this cost pressure equates to £433,000 per annum including pay.
37. To manage this pressure, over a number of years, the Council made the decision to manage the inflationary impact from absorbing the pressure through savings elsewhere within services. With continued pressure from inflation it is important to review regularly and understand how inflationary pressures will be managed for the life of the MTFP.
38. The MTFP includes projects to generate more income streams, maximise treasury management returns, whilst safeguarding capital and considering council tax setting polices, Ashford continues to be the lowest council tax in Kent.
39. The Inflation Management Strategy is attached in Appendix B, and Cabinet is asked to support the principles of the strategy.
New Homes Bonus
40. The Council currently receives a New Homes Bonus (NHB) payment for four years for every property built or brought back into use in the borough. The amount the Council receives is also top sliced to divert funding to Adult Social Care and this has been modelled in the MTFP.
41. This non ring-fenced grant can be used for both revenue and capital purposes at the Council’s discretion.
42. Assumptions on future levels of NHB are based upon the forecast numbers of new properties, however there is an element of delay built in based on historical information and information received from the investigation team, that monitor properties completion for Council Tax charging. Members are reminded on the earlier advice on the risks to the continuation of New Homes Bonus.
Page 62 43. £1.45m of NHB is being used to fund the Base Budget in addition to this there are a number of ‘revenue corporate projects’ that have previously been approved by Members that are funded from New Homes Bonus on an ongoing basis and are included in the base budget:
Project Theme Outline Support for town centre Town Manager & Economic Development 60,000 Town Centre Action Team Incorporated into the Aspire service 120,000 Direct Ward Benefit Contribution from NHB towards ward member grants. 22,000 Community Grants (for Continued commitment Single Grants Gateway) to underpin voluntary sector 145,000 Environmental Developments of Enhancements Grounds Maintenance/ (Town/Gateways) Open Space 150,000 Town Centre Projects Various projects to improve the image and prosperity of the Town Centre. 50,000 Sk8side Two year funding to maintain facility 30,000 Town Centre Events Three year funding 130,000 707,000
44. The remaining amount of the NHB is set aside to fund other Corporate Projects and is allocated to reserves within the MTFP, for 2020/21 this is estimated to be £744,000.
45. NHB is an important element of the Council’s funding, the Council will try to maintain a 50% base budget funding and 50% Corporate Projects for the life of NHB however should an emerging pressure be identified during the planning process NHB could be used to fund this pressure, this will however be reported to Cabinet.
46. The Government is current reviewing Local Authority funding and there is a risk that NHB will be removed as a funding stream. Currently the MTFP assumes a continuation of this funding based on the current scheme.
Business Rates Growth
47. Business rates is a major part of local government funding, retaining 40% of business rates collected, although this is subject to a tariff of £15.8m leaving baseline funding of £2.8m. The current scheme allows a retention of 50% of any growth over the set baseline position. The current general fund budget is £5m this suggests that the Council has already achieved £1.9m of growth.
48. In forecasting business rates there are essentially four issues: a. Was our opening forecast for business rates yield for 2019/20 reasonably accurate? b. Is the appeals provision prudent?
Page 63 c. What is the performance of the pool? d. How should we look at future business rate growth as funding for the budget?
a. The 2019/20 Yield Forecast 49. The next rateable value of business properties will be in April 2021 and will be followed by 3 yearly valuations.
50. The first and second quarter data has been analysed and it is expected that the yield will be in line with budget expectations.
51. In the event of a sudden and large drop in business rate yield a ‘risk provision reserve’ was set up on commencement of the new business rate system b. The Business Rate Appeals Provision
52. In 2017/18 a new appeals system was introduced ‘Check. Challenge. Appeal’. It was hoped that a large majority of cases would be resolved at the ‘check’ stage. Current data for 2018/19 and 2019/20 suggests that this expectation is correct, there are currently less appeals brought forward.
53. In calculating the appeals provision there are two lists. The 2017 list, where there is little claims experience upon which to base a calculation of the provision. All Kent authorities have therefore reviewed their appeals provision and calculated the potential risk to be 2.7% of net rates payable. The 2010 list is a detailed analysis based on historical success rates, the percentage calculated based on these.
54. The Council had an appeals provision of £3.8m at the start of the year, this position is monitored throughout the year and reported to Cabinet. c. Performance of the Pool
55. The Council is part of the Kent Business Rates Pool, which contains most of the Kent Authorities. Membership of the pool provides a mechanism to reduce the levy payable by local authorities on growth and to promote economic development.
56. Membership of the pool has resulted in the levy payable on growth being paid into the pool rather than paid to Government. In 2018/19 the Council retained 30% (£452,000), with a further 30% allocated to Economic Development whose use will be determined jointly between Kent County Council and Ashford Borough Council. As the expenditure would not be in the budget framework, any scheme would need to be approved by Cabinet and Council. d. Future Year’s Business Rate Growth
57. There are several prospective large commercial developments happening in Ashford and many proposed for the future, with added focus from the Council, development are expected to continue to come forward over the next five years, and this should be a primary focus, as the additional rates yield is an important aspect of the MTFP. Page 64 Developing Future Income Streams
58. The Commercial Investment Strategy, comprises of three elements, Real Estate Investment, Loans to the Property Company and Strategic Investment.
59. The Medium Term Financial Plan includes income from projects that have been confirmed, such as investment in the Property Company, £100m included within the plan with significant drawdowns in 2020/21 and 2021/22 and the Elwick Place development is also included within the plan. Future projects that have not yet been approved or started have not been included.
MTFP Forecast
60. The forecast detailed in the table below takes into account the items discussed above. The forecast, which is not cumulative, shows that there are pressures coming forward from 2022/23 with more significant pressures from 2023/24.
61. The 2020/21 budget has been balanced, this was predominantly achieved through savings in services, amounting to £600,000. The target was set at £50,000 per service.
62. The 2021/22 year initially showed a £1m pressure. This pressure is mainly coming through from commercial activities, including Elwick place. The Economic Resilience Reserve, set up for these fluctuations has been utilised to reduce this pressure for the one year.
63. The 2023/24 pressure coming through is the estimated impact of the retendering of the waste contract which has been informed by current market intelligence. Management Team will work with Members to develop a funding strategy to manage this pressure over the following year.
64. It should be noted that there could be significant changes to government funding that has not been reflected in the later years of this programme but could include a reduction in Business Rate income and the removal of New Homes Bonus funding.
65. Attached at Appendix C are the pressures and saving coming through into the financial plan from services.
Table 3 - GENERAL FUND REVENUE FORECAST 2020/21 to 2024/25
2020/21 2021/22 2022/23 2023/24 2024/25 £'000's £'000's £'000's £'000's £'000's S31 Grant NNDR reliefs (1,375) 0 0 0 0 Retained Business Rates (3,618) (4,614) (4,483) (4,384) (4,170) New Homes Bonus (50% allocated to support base budget) (2,901) (2,629) (2,790) (2,789) (2,928) Government Funding (7,894) (7,243) (7,273) (7,173) (7,098) Council Tax (7,925) (8,225) (8,536) (8,859) (9,194) Total Income Receipts (Including Specific Grants) (52,081) (51,265) (51,245) (51,441) (51,658) Base Budget Gross Expenditure 68,467 69,119 69,333 69,124 70,733 Budget Increases (567) (2,395) (1,908) (177) (1,060) BUDGET GAP 0 (9) 371 1,474 1,723
Page 65 Balancing the budget gap 66. Management Team and Members have discussed the budget gap in later years needs to be managed when the waste contract is retendered. Members and Management Team are working on plans to manage any pressures coming through to ensure the gap does not widen. This will be achieved through: a. Cost Awareness – Controlling our costs b. Income generation – Exploiting opportunities c. Working smarter – Empowering staff
67. Digital transformation will aspire to manage growth in demand within resources through smarter working.
68. The Investment Strategy has been developed and generating future income to support the underlying budget is being continuously reviewed. Next Steps
Note the Medium Term Financial Plan and request that Management Team deliver a balanced budget.
Page 66
Appendix A
Key Assumptions
2019/20 2020/21 2021/22 2022/23 2023/24
Pay inflation and increments 2.40% 2.20% 2.20% 2.20% 2.20%
Contract inflation 3.00% 3.00% 3.10% 3.10% 3.30%
Income inflation 3.00% 3.00% 3.10% 3.10% 3.30%
General inflation 2.00% 2.00% 2.10% 2.10% 2.30%
Utilities inflation 3.80% 4.00% 4.20% 4.20% 4.20%
Business rate growth 2.00% 2.00% 2.10% 2.10% 2.30%
Benefits Inflation 1.00% 1.00% 1.00% 1.00% 1.00%
Pension 4.00% 4.00% 4.00% 4.00% 4.00%
Base rate 0.75% 0.75% 0.75% 0.75% 0.75%
Council Tax Increase 3.10% 2.00% 2.00% 2.00% 2.00%
Page 67 Appendix B Inflation Management Strategy
The role of council tax and council tax increases.
1. All the while council tax increases are low, they are effectively doing no more than combating inflation. This Council has a desire to stay the lowest Council Tax in Kent, however even with a £5 increase Ashford will stay the lowest unless another authority reduces its Council Tax level which is unlikely in the current climate. Managing inflation cost pressures a) Pay
2. The largest single inflationary impact at £385k. The Council were in discussion with Unison and staff regarding the 2020/21 paying increase, the current offer is 1.7% for one year or 1.5% per annum for two years. Every 1% adds around £160k per annum. b) Non-pay budgets
3. Exercising constraint requiring services to consume inflationary impacts, by reducing the budget uplifts, this places more onus on budget managers to manage demands through greater efficiency, stronger procurement or negotiations with contractors. It would be unwise to adopt this practice for a number of years without periodic review. In line with this policy, for 2020/21 an increase of 3% has been assumed for non-pay (service) budgets. This is in line with the OBR forecasts
4. Those services linked to contracts are uplifted by the index used in deciding the annual contract review price. c) Efficiency and new sources of income
5. We should use efficiency and a new income sources programme, as clear counter-inflation measures. The Council is in the process of transforming the way in which it communicates with clients, although there will be an initial cost it is expected that efficiencies will come through in later years, even though no actual savings targets are attached to the project.
6. The Council is updating its investment strategy looking at other ways to diversify investments, helping to manage risk along with achieving higher returns. d) The role of service fees and charges
7. The MTFP forecast assumes fees and charges will increase by 1% above the rate of the Consumer Prices Index (taken at the November preceding the financial year). This assumption relates only to charges where the council has the discretion to decide increases. Car park charges, however, are more sensitive and so need more judgment and therefore fee levels are considered separately. The MTFP, over its lifetime, does not make any assumptions about car park charges changing.
Page 68 8. As a counter inflation measure fees and charges must keep pace with rising costs of service provision, particularly for services where fees and charges do not cover full costs. e) The treasury management role and interest on investments
9. Day-to-day treasury management plays an important role in contributing an income source to the council. Core cash for treasury management purposes varies between £20m and £40m. Interest rates and investment yields are, among other things, a reflection of financial markets’ view of the path of inflation over the longer term. For this reason treasury management returns should be viewed as part of the council’s counter inflation strategy.
Page 69 This page is intentionally left blank Agenda Item 10
Agenda Item No: 10
Report To: Cabinet
Date of Meeting: 28 November 2019
Report Title: Council Tax Base 2020/21
Report Author & Maria Hadfield Job Title: Senior Accountant
Portfolio Holder Cllr Bell Portfolio Holder for Finance & Budget, Resource Portfolio Holder for: Management and Procurement
Summary: This Council is required to approve the tax base used to calculate the level of Council Tax for 2020/21. It is calculated with regard to the number of domestic properties (including a forecast of new properties), which are then converted to Band D equivalents.
The tax base has been calculated at 47,300 band D properties, an increase of 800 (or 1.72%) on the current year.
Key Decision: YES
Significantly All Affected Wards:
Recommendations: The Cabinet is recommended to:-
I. Agree the 2020/21 ‘Net’ tax base of 47,300 Band D equivalent properties
II. Agree the distribution across parished areas of the proposed grant to parish councils to help compensate for the negative impact caused by the council tax support scheme on parish council’s’ tax bases (see appendix D totalling £40,900).
III. Note the possibility of further Cabinet and Council decisions being required, before the end of January, should any material change in the tax base be required as a consequence of any further relevant funding announcements from government.
Page 71 Policy Overview: The Council Tax base is required to be set in accordance with the Local Authorities (Calculations of Tax Base) Regulations 2012
Financial The tax base recommended will be used to calculate the Implications: level of Council Tax requirement that will be recommended to the Council on 5 March 2020.
Legal Implications
Equalities Impact As part of the final budget reported to Cabinet in February Assessment
Other Material None Implications:
Exempt from NO Publication:
Contact: [email protected] – Tel: (01233) 330545
Page 72 Report Title: Council Tax Base 2020/21
Introduction and Background
1. The Council Tax Base for 2020/21 and its distribution across parished and un- parished areas needs to be agreed.
2. By 31 January 2020 the Council as the ‘billing authority’ is required to notify its major precepting bodies (Kent County Council, Kent Police Authority and Kent and Medway Fire and Rescue Authority) and the parishes of the relevant council tax base for the 2020/21 financial year.
Council Tax Support
3. Cabinet was presented in July 2019 with a proposal to revise the current scheme. The proposal looks to introduce a Banded Scheme, based on a range of income bands. This proposal seeks to simplify the scheme for both the claimant and the administrator.
4. A banded scheme would reduce the number of changes to entitlement and improve opportunities for billing and collection. Whilst the Council still needs to review each change this simplifies the assessment process for officers, treating CTR more as a discount and moving away from it being a benefit with traditional benefit rules. Significantly reducing the administration time spent on processing claims.
5. Due to the simplicity of the proposed new scheme framework and by taking a more ‘Council Tax discount approach’, it will help to address the problems associated with Universal Credit such as, speed of processing claims, maximising entitlement to applicants and maintenance of collection rates.
6. Whilst changes are proposed, the new scheme will still offer additional protection to the disabled, carers and claimants of pensionable age are not affected by changes to the scheme.
7. The scheme will operate within the existing cost envelope and the exceptional hardship scheme has been enhanced to protect claimants who have been disadvantaged by the proposed changes.
8. Consultation on the scheme closed on the 30th September 2019, with 88 responses. The responses are being considered and the final scheme proposal will be presented to Cabinet in January 2020.
Protection for Parish Councils
9. Council Tax Support effectively reduces the tax base for many if not all of the parish councils.
Page 73 10. To compensate Parish Councils a grant is available and this is proposed to continue within the new scheme and remain at £40,900 in 2020/21. This will be allocated as usual based on the level of their precept and the Council Tax Support discounts for their parish.
11. The data from the consultation is currently being analysed and at this stage it is unclear how the new banded scheme will affect the distribution of the grant for future years. Therefore for 2020-21 the distribution method will remain unchanged and will be based on current year data. The proposed allocation is detailed in Appendix D.
The Tax Base (adjusted for various allowances)
12. The council has already submitted a tax base return to central government, this figure is 51,200 (2019/20 50,461), but is based on the number of properties on the valuation list as at 7 October 2019 and excludes provisions for new properties, Council Tax Support discounts, and allowances for non- collection.
13. The tax base calculation made in this report allows for new properties anticipated to be coming on to the Valuation List. It is forecast that 1,150 properties will be added to the valuation list in line with the assumption in the Medium Term Financial Plan.
14. In calculating the tax base the authority must also have regard to discounts, exemptions, non-collection and appeals. For the purposes of this calculation 1% has been estimated for losses on collections and appeals, this is consistent with the collection levels that are being achieved.
15. In February 2019 Council approved increases to the current council tax premium scheme for long term empty properties. Currently the Council applies a 50% premium to properties that have been empty for more than two years. From 1 April 2020 the following applies:
1 April 2020 100% premium for properties empty 2 – 5 years 200% premium for properties empty 5 years +
1 April 2021 100% premium for properties empty 2 – 5 years 200% premium for properties empty 5 – 10 years 300% premium for properties empty 10 years +
16. For 2020/21 the tax base has been calculated at 47,300 (2019/20 was 46,500) as detailed at Appendices A, B & C.
Page 74 Implications and Risk Assessment
17. The Council Tax base is an important element of the budget setting process, estimating the number of properties upon which council tax will be levied.
Next Steps in Process
18. Once agreed by the Council the tax base will be notified to the County Council, Kent Police, Kent and Medway Fire Authority and the Parish Councils.
Conclusion
19. The 2020/21 tax base is in line with the assumptions in the Financial Strategy and the calculation results in a tax base of 47,300 band D equivalent properties. This will be used in the detailed budget and council tax setting calculations.
Portfolio Holder’s Views
20. To be given at meeting.
Contact and Email
21. Maria Hadfield
22. Maria.hadfield@ashford .gov.
Page 75 Appendix A TAX BASE 2020/21 BAND D EQUIVALENTS BAND A B C D E F G H TOTAL PARISH Aldington and Bonnington 0 18 26 113 83 85 157 156 3 641 Appledore 0 4 9 47 78 54 67 93 2 354 Bethersden 0 29 49 50 100 144 117 228 12 729 Biddenden 1 84 31 189 105 175 212 330 19 1,146 Bilsington 0 6 4 12 22 20 39 47 0 150 Boughton Aluph and Eastwell 0 9 67 102 232 267 271 117 8 1,073 Brabourne 0 6 18 51 126 165 140 90 10 606 Brook 0 1 1 2 20 61 37 36 0 158 Challock 0 7 7 25 78 86 148 142 9 502 Charing 0 69 98 203 214 219 270 295 10 1,378 Chilham 0 11 36 105 154 184 120 128 20 758 Crundale (PM) 0 1 3 7 13 15 17 36 1 93 Egerton 0 9 21 37 84 101 130 135 4 521
Page 76 Page Godmersham 0 1 5 17 30 57 30 33 4 177 Great Chart with Singleton 0 96 366 636 713 352 190 95 4 2,452 Hastingleigh 0 4 2 5 26 12 31 33 3 116 High Halden 0 50 66 154 61 101 149 184 6 771 Hothfield 3 2 69 69 25 27 25 52 4 276 Kennington 0 170 743 1,046 802 526 618 61 4 3,970 Kenardington 0 3 2 21 10 21 18 36 3 114 Kingsnorth 0 9 282 827 1,092 1,093 1,068 111 2 4,484 Little Chart 0 3 2 11 22 19 19 53 6 135 Mersham and Sevington 0 7 54 154 224 244 294 139 7 1,123 Molash 0 1 3 9 18 18 20 37 4 110 Newenden 0 1 1 13 15 15 24 31 2 102 Orlestone 0 2 22 195 128 67 165 46 2 627 Pluckley 0 9 12 61 67 61 95 170 3 478 Rolvenden 0 9 16 137 111 124 116 163 29 705 Ruckinge 0 25 5 22 26 96 107 70 2 353 Shadoxhurst 0 19 18 64 69 161 169 52 0 552 Smarden 0 14 23 65 81 81 120 261 22 667 Smeeth 0 4 12 70 63 96 61 55 6 367 Sth Willesborough and Newtown 0 131 727 351 210 57 1 0 0 1,477 Stanhope 0 126 555 118 1 3 0 0 2 805 Stone 0 3 4 30 29 28 35 75 4 208 Tenterden (TC) 0 23 139 549 705 816 789 609 53 3,683 Warehorne 0 4 6 15 29 39 22 38 2 155 Westwell 0 8 11 34 77 150 94 132 8 514 Wittersham 0 13 18 91 53 126 87 138 19 545 Woodchurch 1 92 17 108 142 109 174 202 8 853 Wye with Hinxhill 0 31 78 157 209 174 232 160 18 1,059 Unparished Area 1 992 3,942 3,719 1,910 1,086 912 168 6 12,736
6 2,106 7,570 9,691 8,257 7,335 7,390 5,037 331 47,723
Contributions in Lieu 0 0 0 0 55 0 0 0 0 55 Less 1% Provision 0 (21) (76) (97) (84) (73) (74) (50) (3) (478)
6 2,085 7,494 9,594 8,228 7,262 7,316 4,987 328 47,300
Page 77 Page Appendix B ANALYSIS OF PROPERTIES FOR WHOLE AUTHORITY 2020/21
A B C D E F G H TOTAL No. No. No. No. No. No. No. No. No. Total Chargeable Dwellings 11 4,067 12,892 12,795 9,166 6,569 5,443 3,195 178 54,316 Of which: Full Charge 9 1,848 7,522 8,654 6,659 5,025 4,516 2,678 144 37,056 Class C 0 30 99 42 39 13 14 9 0 246 Discount 1 1,999 4,993 3,828 2,267 1,379 790 408 21 15,686 Discount (Disregard Disc) 1 5 8 8 10 7 14 15 1 69 Discount on 2nd Homes 0 91 101 96 90 65 50 54 8 555 Full Charge on LT Empties 0 84 152 121 71 64 48 24 3 565 Premium on LT Empties 0 10 18 46 31 17 12 7 2 141 Total number of Properties 11 4,067 12,892 12,795 9,166 6,569 5,443 3,195 178 54,317 Total Equivalent Number - CTB1 6 2,326 8,937 10,439 8,510 7,548 7,510 5,083 337 50,695 Adjust for Council Tax Support 0 (459) (1,404) (972) (424) (179) (91) (31) 0 (3,559) New Properties 0 295 98 281 227 0 0 0 0 901 Page 78 Page Exemptions Factor 0 (58) (65) (57) (59) (32) (25) (17) (2) (314) Adjusted Band D equivalents 6 2,105 7,566 9,691 8,254 7,337 7,394 5,035 335 47,723 Contributions in Lieu 0 0 0 0 55 0 0 0 0 55 Losses In Collection (0) (22) (76) (97) (83) (73) (74) (50) (3) (478) Tax base 6 2,083 7,490 9,595 8,226 7,263 7,321 4,985 331 47,300
Appendix C
TAX BASE 2020/21 LOCAL TAX BASE (WHOLE/PART AREAS) Less LOCAL discounts TAX BAND D NEW 0.75% Council Tax LOCAL TAX BASE WHOLE AREA EQUIVALENT OCCUPATIONS PROVISION Support BASE 2020/21 2019/20 49,939 1,470 (455) (4,454) 46,500
PARISH
622 Aldington & Bonnington 690 0 (6) (49) 635 351 Appledore 397 0 (4) (43) 350 723 Bethersden 785 0 (7) (55) 723 1,120 Biddenden 1,213 0 (11) (66) 1,136 150 Bilsington 155 0 (1) (5) 149
Page 79 Page 1,050 Boughton Aluph and Eastwell 1,120 0 (11) (48) 1,061 602 Brabourne 625 0 (6) (18) 601 166 Brook 159 0 (2) (1) 156 473 Challock 506 10 (5) (10) 501 1,351 Charing 1,440 67 (14) (129) 1,364 751 Chilham 817 8 (8) (66) 751 94 Crundale (PM) 93 0 (1) (1) 91 508 Egerton 535 10 (5) (25) 515 172 Godmersham 181 0 (2) (4) 175 2,541 Great Chart with Singleton 2,637 0 (25) (185) 2,427 117 Hastingleigh 118 0 (1) (2) 115 779 High Halden 811 10 (8) (50) 763 290 Hothfield 336 0 (3) (60) 273 109 Kenardington 120 0 (1) (6) 113 3,887 Kennington 3,970 0 (40) 0 3,930 4,359 Kingsnorth 4,566 94 (45) (177) 4,438 131 Little Chart 137 0 (1) (2) 134 1,255 Mersham and Sevington 1,169 8 (11) (54) 1,112 108 Molash 119 0 (1) (9) 109 97 Newenden 109 0 (1) (5) 103 658 Orlestone 678 0 (6) (51) 621 489 Pluckley 511 0 (5) (32) 474 677 Rolvenden 743 14 (7) (52) 698 350 Ruckinge 369 0 (4) (16) 349 527 Shadoxhurst 573 14 (6) (36) 545 642 Smarden 678 24 (7) (36) 659 371 Smeeth 398 0 (4) (31) 363 1,467 Sth Willesborough & Newtown 1,478 0 (15) 0 1,463 793 Stanhope 1,043 0 (8) (239) 796 205 Stone 221 0 (2) (14) 205 3,639 Tenterden (TC) 3,958 22 (37) (296) 3,647 154 Warehorne 160 0 (2) (6) 152 508 Westwell 525 0 (5) (12) 508 548 Wittersham 592 0 (5) (47) 540 839 Woodchurch 915 0 (9) (62) 844 1,038 Wye with Hinxhill 1,151 0 (11) (92) 1,048 11,789 Unparished Area 13,635 620 (125) (1,467) 12,663
46,500 50,436 901 (478) (3,559) 47,300
Page 80 Page
Page 81 Appendix D Proposed allocation of CTS grant Proposed Council Discounts for Tax Support Grant Parish Council Tax 2020/21 Support (Band D £ Equivalents) Aldington & Bonnington (50) 952 Appledore (43) 842 Bethersden (55) 1,082 Biddenden (66) 1,298 Bilsington (5) 106 Boughton Aluph and Eastwell (48) 946 Brabourne (18) 352 Brook (1) 22 Challock (10) 204 Charing (130) 2,526 Chilham (66) 1,288 Crundale (PM) (1) 18 Egerton (25) 491 Godmersham (4) 86 Great Chart with Singleton (185) 3,614 Hastingleigh (2) 49 High Halden (50) 978 Hothfield (60) 1,178 Kenardington (6) 125 Kingsnorth (177) 3,449 Little Chart (2) 31 Mersham and Sevington (54) 1,052 Molash (9) 171 Newenden (5) 98 Orlestone (51) 1,001 Pluckley (32) 630 Rolvenden (52) 1,011 Ruckinge (16) 303 Shadoxhurst (36) 700 Smarden (36) 694 Smeeth (31) 599 Stanhope (239) 4,669 Stone (14) 272 Tenterden (TC) (297) 5,787 Warehorne (6) 118 Westwell (12) 230 Wittersham (47) 918 Woodchurch (62) 1,209 Wye with Hinxhill (92) 1,801 2,095 40,900 Page 82 Agenda Item 11
Agenda Item No: 11
Report To: Cabinet
Date of Meeting: 28th November 2019
Report Title: Homelessness Reduction Act 2017 –Implementation and Current Position Report Author & Ray O’Shea Job Title: Housing Operations Manager (Housing Options and Private Sector Housing) Portfolio Holder Cllr. Bill Barrett Portfolio Holder for: Housing
Summary: The Homelessness Reduction Act was implemented on 3 April 2018. The legislation was introduced to place a greater emphasis on the prevention of homelessness.
Whilst the introduction of the Act has resulted in an 11% increase in homelessness approaches to the Council, the numbers of households accepted as homeless has reduced significantly from 160 cases in 2017/18 to 71 cases in 2018/19. In addition, the number of preventions has risen in the first year of implementation from 148 in 2017/18 to 293 in 2018/19.
This report provides an overview of the current position relating to homelessness in the Borough, as well as some data on number of clients who have accessed our service. The report also reviews our experiences in relation to the new Act so far and sets out our action plan for tackling homelessness.
Key Decision: YES
Significantly All Affected Wards:
Recommendations: The Cabinet is recommended to:-
I. Note the progress made since the implementation of the Homelessness Reduction Act 2017 II. Agree the action plan set out in report to tackle homelessness and reduce numbers in temporary accommodation. III. That the report be referred to Overview and Scrutiny for review.
Page 83 Policy Overview: Housing Framework/Homelessness Strategy
Financial There are financial implications on the budget for 2019/20 Implications: due to an overspend on temporary accommodation together with increased spend on prevention initiatives. Continuing focus to minimise financial spend with good prevention outcomes will aim to mitigate costs in temporary accommodation which should logically fall.
Legal Implications Current legislation (Housing Act 1996, as amended)
Equalities Impact See Attached at Appendix 1 Assessment
Other Material None Implications:
Exempt from No Publication:
Background Papers: Cabinet Report dated 11th January 2018 – Homeless Reduction Act 2017 Contact: [email protected] Tel 01233 330808
Page 84
Agenda Item No. 11
Report Title: Homelessness Reduction Act 2017 Implementation & Current Position
Introduction and Background
1. The Homelessness Reduction Act 2017 was implemented on 3 April 2018, enacting the biggest change in homelessness legislation in forty years. It retained current homelessness legislation but expanded it by adding additional legal housing and homelessness duties for local authorities in England.
It followed the implementation of similar legislation in Wales [April 2015], where local authorities were tasked with engaging in much earlier intervention to assist households who were threatened with homelessness.
2. Five key changes were introduced:
To expand the provision of advice and information about homelessness with prevention and relief of homelessness as a primary focus Extending the period of “threatened homelessness” for households from twenty eight to fifty six days and allow earlier intervention New duties to both prevent and relieve homelessness for all eligible people [irrespective of their priority need or any issues of intentional homelessness] Tailored assessments and Personalised Housing Plans [PHP], setting out actions that local authorities and clients need to take to secure alternative accommodation Encouraging public bodies and agencies to work together to prevent and relieve homelessness through a new legal “duty to refer”
3. Prior to the implementation of the Act, a review of the Housing Options service was undertaken with a restructure later approved to meet changing service needs. In 2018/19, the team comprised seven Housing Options Officers (two officers on yearly fixed term contracts), one Housing Options Coordinator, one Accommodation Officer and a Housing Options Manager.
4. This report will seek to outline the current position, provide data on trends since the Act was implemented, and look to make recommendations in streamlining processes and staff structures to promote better efficiencies in service delivery.
Current Position
5. The Homelessness Reduction Act 2017 [HRACT] was enacted in April 2018, with a dedicated recruitment exercise for new staff to meet new demands of the law changes.
The arrival of newly appointed staff was an incremental process and resulted in the Housing Options Team becoming fully operational with its new staff Page 85 complement in September 2018. In the main, it is acknowledged that identifying good quality staff members and practitioners to work in the new environment following HRACT implementation had proved to be quite difficult across the sector.
6. The current team have a wide range of working experience in a variety of different disciplines [including social care, supported housing and third sector/voluntary organisations]. Most positively, the diverse range of skills and experience has allowed members of the Housing Options team to adapt more readily to recent law changes.
7. Under old homelessness legislation, there were no legal duties to proactively prevent or relieve homelessness for a household threatened with the loss of their accommodation. It was anticipated that the new expanded legislation and new legal duties would logically lead to increases in the numbers of approaches made, together with the more intensive, tailored case work that would be required to meet the new duties.
8. In 2017/18, the number of approaches from households threatened with homelessness in Ashford was, on average, 124 cases on a monthly basis. Since HRACT was implemented in April 2018 this has now risen to 138 cases monthly. Throughout the year, the same level of activity has been broadly maintained and is relatively stable in 2018/19. Overall, this represents an 11% increase in activity.
9. The picture nationally and regionally will obviously vary but Ashford has been one of the few local authorities in Kent where the numbers of households in temporary accommodation have fallen. Despite the increased number of homeless approaches that have been made in Ashford since HRACT this represents a 34 % decrease since April 2018.
Levels of rough sleeping have risen in Kent regionally, and remain a concern in Ashford. MHCLG [the Ministry of Housing, Communities and Local Government - formerly the Department for Communities and Local
Page 86 Government] have directed in their published strategy that rough sleeping be reduced by 50 % by 2022 and then eliminated by 2027.
10. The number of approaches made to Ashford, and the number of households who are actually owed a legal duty can differ for a number of reasons. After preliminary assessments have been completed, these will include households –
Who are not at risk of homelessness Who are not eligible for assistance Who have not maintained contact to progress their application Who have withdrawn their application
From the remaining cases there is a focus on achieving successful outcomes for households, in order that costly, lengthy placements in emergency interim accommodation are avoided wherever that is possible.
11. On 1 October 2018, a new additional legal “Duty to Refer” was introduced for a number of specified public bodies (as per Homelessness (Review Procedure etc.) Regulations 2018).
Those who are subject to this new homelessness duty are (in England only) -
Prisons Young Offender Institutions Secure Training Centres Secure Colleges Youth Offending Teams Probation Services (Including Community Rehabilitation Companies) Jobcentres In England Social Service Authorities (Both Adult And Children) Emergency Departments Urgent Treatment Centres Hospitals In Their Function Of Providing Inpatient Care Secretary Of State For Defence In Relation To Members Of The Regular Armed Forces
These additional referrals for households threatened by homelessness have increased the number of active cases requiring assessment by Housing Options team by an average 25 to 30 per month. Ashford Borough Council also run regular homelessness forums to maintain strong existing arrangements for partnership working and to assist in providing early notification of potential homelessness.
12. Overall, the numbers of homelessness approaches in Ashford has been stable since April 2018 [with the exception of a seasonal peak in January 2019]. The aforementioned Duty to Refer from specified public bodies [effective from 1 October 2018] did see a further small increase in numbers, but has been broadly managed within existing resources.
13. On average, officers maintain a case load of between 25 to 30 households but this can fluctuate depending on the number of approaches being made. Page 87 There has been a dramatic drop in number of homeless cases that are being accepted and provided with a full housing duty. During 2017/18 this number was 160 whereas this year in 2018/19 it had dropped to 71.
Rough Sleepers
14. An area of increased concern in Ashford is the reported number of rough sleepers. In November each year, a street count is conducted with figures reported directly to MHCLG [the Ministry of Housing, Communities and Local Government - formerly the Department for Communities and Local Government]. MHCLG’s published strategy directs that rough sleeping be reduced by 50 % by 2022 and then finally eliminated by 2027.
15. Local authorities are obliged to update their Homelessness & Rough Sleeper Strategy by Winter 2019 to reflect these new defined priorities. Latest national statistics that have been published show a 2% decrease in rough sleeping. There has, however, been a pronounced increase in rough sleeping in Kent in recent years and the graph below shows local activity for the past eight years in Ashford. Solid progress has been made in addressing the increased levels of rough sleeping in Ashford and there are excellent examples of engaging with formerly entrenched vulnerable persons with formal moves to settled housing.
16. This remains both a national and regional priority and there is real optimism that rough sleeping locally can be eliminated with the focused approach already adopted, and having made adjustments to more pro-active service delivery. The numbers of rough sleepers have fallen by more than half in Ashford, and our Housing First initiative to assist identified, entrenched rough sleepers is due to roll out imminently.
17. Ashford Borough Council chair a rough sleepers working group every month composed of partner agencies representing Kent Police, Probation, Street Pastors, Vinnies Diner, Ashford Churches Together Group, Salvation Army, Community Safety Unit and Porchlight. This group has been vital in the coordination and implementation of the Winter Night Shelter for the past four years.
18. The rough sleeper count for MHCLG showed 20 verified cases for November 2018. This represents an increase of 55% from 11 cases identified in November 2017. The Winter Night Shelter programme in Ashford ran from November 2018 to March 2019 and had identified 22 active cases.
Page 88
19. Intensive case work, together with the deployment of the new prevention and relief duties, resulted in 12 rough sleepers being assisted into alternative housing solutions. Of the remaining 10 cases, three had been temporarily accommodated pending fuller assessment, and ongoing work to engage all rough sleepers in need of housing advice and assistance continues.
20. Ashford Borough Council had previously provided Porchlight £24,000 per year for a part time outreach worker solely for Ashford. This has been the case for a number of years but with the increased rough sleeper activity emerging over the past two years, it was felt that a full time post was merited. Consideration was given to the feasibility of having the function being brought in to operate “in-house” and take more direct control of outreach work and statutory HRACT assessments.
Implications and Risk Assessment
21. It was recognised nationally, and by the Ministry for Housing, Communities and Local Government (MHCLG), that the first year of the Homelessness Reduction Act would be subject to new activity with a large number of variables given the planned changes in delivery, mind-set, new legal duties and increased administrative burdens.
22. As predicted, there has been a period of adjustment in this new environment for both staff and members of the public. It has been acknowledged that local authorities who had made good preparations in advance of HRACT have had less difficulty in adjusting to the new ethos and ways of working.
23. Legacy Cases - although the new legislation came into effect on 3 April 2018, homeless applications received before this date fall under old legislation and are referred to as “legacy” cases. As at 31 March 2018, the team held 300 legacy cases under the old legislation. These cases must continue to be assessed and dealt with under the old duties, and therefore “move on” accommodation is still a vital part of reducing the pressures on temporary accommodation numbers.
Page 89 24. MHCLG had indicated to local authorities that there would be a transitional period where statistical activity for these homeless households could still be provided and recorded. However, in the longer term, they had advised that would not be the case. Dedicated resource/staff was tasked directly with updating records accordingly and identified households who no longer required our assistance [that is, legacy cases who may have secured their own accommodation or had resolved their homelessness].
25. Following this exercise, it was established that 89 households remained, all of whom were in temporary accommodation. Over the past year in 2018/19, this number has been reduced to 36 remaining housing cases which need to be moved on to into secure or more settled permanent accommodation. It is expected that remainder of the outstanding cases will be cleared by Q4 in 2019/20.
26. KCC Housing Related Support - it should be noted that in October 2018, Kent County Council (KCC) made significant changes to contracts for adult, children and ex-offenders in supported accommodation. In the longer term, there is a strong likelihood that this will impact county wide, with more single vulnerable people who might not meet the statutory threshold for services approaching Ashford and less accommodation/provision available for them.
27. In addition, KCC have altered criteria for those able to access floating support services. Only households that are identified as being at threat of homelessness are now eligible for the service. In effect, there will be no early intervention from this service until matters might be approaching a crisis point. This will run counter to the service aim and statutory duties under HRACT and minimises the prospects of achieving more successful prevention work and outcomes.
28. In order to meaningfully address and reduce the current levels of households in temporary accommodation, an Action Plan has been drawn up with a specific focus on identifying, procuring and delivering a supply of suitable, affordable housing to move households on to settled housing.
29. By allocating via the Housing Register in a focused, efficient manner and making best use of our available stock, we would look to halve the level of homeless households in nightly paid accommodation by half in 2021/22, and aim to eliminate the use of this form of temporary accommodation by 2023.
30. The Temporary Accommodation Action Plan will directly address three key areas as follows :
• Reducing the flow of homelessness by providing early, effective prevention at source • Controlling and reducing expenditure on the provision of emergency temporary accommodation [TA] • Ensuring that there is a supply of suitable and affordable housing for “move on” to settled accommodation
Page 90 Reducing The Flow Of Homelessness
31. In order to comply with the new HRACT duties, households will need to demonstrate that they are eligible for services and legally homeless. The increased activity in homeless approaches in 2018/19 indicates that there were 1871 approaches. Maintaining vigilance at the front of the service, and having robust and rigorous levels of prevention and casework management have meant that less than a fifth of all homeless approaches in 2018/19 eventually needed placement into emergency temporary accommodation.
32. Causes of homelessness - the primary cause of homeless approaches at Ashford will have arisen from parental eviction from the family home, with the loss of private sector tenancies as the second most common cause. These circumstances are also reflected in the number of placements made into temporary accommodation, and aligns with the current demand and profile on Ashford’s Housing Register.
33. Of 1871 approaches that were made in Ashford in 2018/19, 362 households [19.34 %] were as a result of family evictions. Of these, only 94 households [5.02 %] were ultimately placed into emergency temporary accommodation. As these households are not tenants and there is no legal requirement to evict them by means of a court order, it is often the case that little can be done to prevent their placement.
34. Of 206 households [11.01 %] approaching due to the loss of their private rented tenancy, only 47 [2.51 %] were placed into temporary accommodation. This is broadly indicative of solid prevention work but does acknowledge that private sector tenants will have no underlying security of tenure. Relieving pressure on the Housing Register with regard to having good levels of affordable housing supply can indirectly have a positive effect in driving down numbers of homeless approaches being made.
35. It is notable that since HRACT there is now a greater emphasis on providing advice and assistance for single persons and rough sleepers who are threatened with homelessness. This client group would also benefit from financial assistance that they had not been able to access under old legislation, but has presented a new administrative and budgetary pressure.
36. Existing structural issues and externalities could risk reversing the positive steps achieved by HRACT so far. There is considerable pressure for Government to address issues underpinning homelessness by building more social housing, restoring LHA rates in Universal Credit to ensure they truly cover the cost of rent and allow more people to afford the option of renting in the private sector.
37. It remains imperative that there is a focus on identifying, securing and providing affordable and suitable housing options for households to avoid families having to face the prospect of homelessness and temporary accommodation. Supply still remains key to this approach, in order to minimise and reduce levels of households in temporary accommodation and to provide viable housing solutions allowing families to move on after the crisis moment has passed.
Page 91
Controlling Expenditure On TA
38. Existing TA Provision - there are currently 115 households in temporary accommodation at Ashford which has been reduced from 179 households since HRACT came into force in April 2018.
TA Activity [%] as at 24 October 2019
B & B 0 % 0 households/rough sleepers Hostel 0 % 0 households Local Authority Stock 6.84 % 8 households Christchurch House 5.98 % 7 households Private Sector Leased 21.37 % 25 households Tufton House 27.35 % 35 households Nightly Paid 34.78 % 40 households (Trafalgar/Paramount/Housing Network)
Total 115 units
39. Bed and Breakfast is the most expensive form of emergency temporary accommodation is bed and breakfast which is not self-contained. Costs can also vary subject to the size of the family/household that has been accommodated. Additionally, it is not lawful to place expectant mothers or families in bed and breakfast [unless in exceptional circumstances] for longer than six weeks.
40. Typically, for a small family with two dependents, the weekly B & B charge in Ashford is £420.00 weekly. Local authorities can only be reimbursed a fixed sum for Housing Benefit of £116.88 weekly and this represents a net spend of £303.12 weekly for each household. There are currently no families in bed and breakfast.
41. Nightly paid accommodation is self-contained and can be a less costly form of temporary accommodation but - unlike B & B placements - is entirely lawful for households placed for extended periods of time when this is required.
42. Currently, for a small family with two dependents, the charge is approximately £36 per night but- as before - local authorities can only be reimbursed a fixed sum for Housing Benefit of £116.88 weekly. This type of accommodation this represents a net spend to Ashford of £135.12 weekly for each household. There are currently 40 households in nightly paid accommodation representing 34.78% of all placements.
43. Tufton House is temporary accommodation provision which comprises 35 self-contained units directly managed by Carridon Property. They are paid £25,000 monthly to do so, converting to £174.82 weekly for each household. After receipt of the fixed sum for Housing Benefit of £116.88, the net cost per household to Ashford is £57.94 weekly. Page 92
44. Private Sector Leasing [PSL] - Ashford have operated a Private Sector Leasing Scheme (PSL) whereby the Council leases properties from private sector landlords as temporary accommodation for households in housing need. Changes in central Government policy in 2010 and 2011 eroded the margin between the rental income levels and payments. A financial cap was imposed on the maximum amount of housing benefit that the Council can claim back for the cost of temporary accommodation.
45. Consideration has been given to the financial impact of the Private Sector Leased Accommodation provision as there has been a loss of £8448 in 2018/19. Notably, this figure does not take account of any repair issues that might arise which might potentially present further liability and costs to Ashford. PSL had been a source of temporary accommodation but over the period 2017 to date, the number of PSL properties have reduced from 57 to 25 [as at 8 November 2019]. 46. A proportion of PSL properties have been recovered at the end of the lease period by the landlord. Of the remaining properties, four are being converted to our Social Lettings Agency [ABC Lettings]. Three more are being purchased by HRA with one being handed back to executers of a landlord. It is anticipated that this the number of accepted homeless households in PSL accommodation will fall to 21 units in the coming months. From these, 19 remaining “rolling” lease contracts have expired, with 4 others due to expire in 2020. 47. Christchurch House is high specification temporary accommodation provision owned and directly managed by Ashford Borough Council. It has eight accommodation units (including a wheelchair-accessible unit), washing facilities, communal kitchen area, storage space and courtyard. Previously, the majority of homeless applicants whom the council had a duty to house may have been placed in B&B accommodation – a costly course of action for the taxpayer, which can sometimes be a traumatic experience that takes its toll on the individuals and families affected. 48. It was initially acquired for £278,000, refurbished for £340,000 and opened in 2014, with 180 households having been placed in a short term but stable environment before a more settled solution to their housing need is identified. The rental income maximises the level of Housing Benefit that is payable and is effectively cost neutral. This project is truly innovative in the savings that are generated and means that the property will have effectively paid for itself in the longer term, with the council retaining a valuable asset. Future Provision Of TA
49. From an analysis of the figures, if we can maintain increased rates of prevention of homelessness activity and supply sufficient numbers of move on settled housing for those in temporary accommodation via the use of our street purchase programme and new build programme, it is anticipated that the Council will need a baseline supply of 50 units of temporary accommodation. In view of this a number of projects are being considered to
Page 93 increase the Council’s own stock of good quality, cost effective temporary accommodation. Currently we have 8 units of accommodation at Christchurch House and a further 8 units under construction at Christchurch Lodge due to be completed in early February 2020. This means that a further 34 units of temporary accommodation is required.
50. Belgic Court [New Use] - Golding Homes had worked in partnership with Ashford BC to commission a nine unit supported housing development for young persons between 16 to 24 years of age. Golding Homes carried out the housing management function for the project and Sanctuary Supported Living provided the support element on site.
51. In October 2018, Kent County Council (KCC) made significant changes to Housing Related Support contracts for adults, children and ex-offenders in supported accommodation. This exercise impacted county wide, with more single vulnerable people not meeting the statutory threshold for services, and less supported accommodation/provision available in Ashford. In addition, KCC altered criteria for those accessing floating support services. Only households that are identified as being at threat of homelessness are now eligible for the service from 1 April 2018.
52. As a consequence, Sanctuary Supported Living advised that they were withdrawing the support element from the project and Golding Homes informed us that they may be unable to continue managing properties under these arrangements. Ashford BC were ultimately able to provide housing solutions for the displaced households but - following a series of discussions with Golding Homes – a new agreement has been reached on alternative use of Belgic Court for young parents and an enhanced housing management function.
53. It is expected that eight households in TA will be identified and referred to Belgic Court in November/December 2019. Housing Benefit revenue will be paid to Golding Homes at an enhanced housing management rate to allow the scheme to be financially viable. Most importantly, it will remove eight households from our existing TA placements currently in costly nightly paid accommodation.
54. Christchurch Lodge is an initiative that will follow the blueprint of the Christchurch House scheme. It will be developed into high quality short-stay accommodation for eight households to whom the council has a homeless duty or who have a case under HRACT assessment. The building at 112 Beaver Road [adjacent to Christchurch House] was purchased for £430,000 from the Church of England with £500,000 invested to convert it into eight homes, capable of accommodating 25 people. Like Christchurch House, it will have facilities like a communal kitchen, dining room and laundry room added. As before, the rental income will maximise the level of Housing Benefit that is payable and will be effectively cost neutral.
55. In addition to the above schemes proposals for additional schemes to bring the baseline number of units up to 50 are currently being developed and will be brought forward shortly.
Page 94
Ensuring Good Levels Of Affordable Housing Supply For “Move On”
Growth of Social Lettings Agency [SLA] & Review 56. The SLA was set up in 2012 as a means of providing settled housing solutions for homeless households as opposed to emergency accommodation. They operate a full management function for private sector landlords on the basis that the management fee charged should be a minimum of 10% of the rental income.
57. Recent changes in housing legislation and fees have meant that the SLA option is now a favourable choice for landlords when compared to what might alternatively be offered on the high street. Typically, landlords will ideally want rental income in line with market rents but these prove to be unaffordable to homeless clients. SLA staff current have the flexibility to negotiate on landlord management fees to achieve the best outcome and secure properties at affordable rent levels. This also has the effect of avoiding households being placed in costly B&B or nightly paid accommodation.
58. It can often be the case that that those placed into SLA properties will have a shortfall in rent and their benefit entitlement. This is being addressed with nominees for the scheme having thorough, detailed assessments in respect of suitability/affordability with specific regard to sustaining their tenancies in the long term. This can, on occasion, involve accessing extra financial assistance via Discretionary Housing Payments.
59. A SPACE session had previously been held with officers from legal, communications and finance invited in order to launch a review of the business plan for the social lettings agency (SLA). The full review began in April 2019 looking in full detail at future growth for the SLA with the option of expansion of the service into other parts of Kent. The review also takes account of the current market and looks to ensure that the SLA is responsive to the requirements of landlords locally.
60. When finalised, the review aims to provide better structure in the team, with opportunities to procure more properties, devise appropriate marketing materials to promote the service, and continue to contribute directly to the reduction of homeless households in TA.
61. Private Sector Offer - in view of the demands on the service and the rising cost of temporary accommodation and lack of supply of affordable rented accommodation, there is a need to identify other ways to make our prevention work more effective and to gain access to a wider number and range of private sector properties. The private sector landlord offer was reviewed and initially piloted for a period of six months in May 2018.
62. The Housing Options previously team ran a well-attended landlord event in June 2018, and this was followed by a similar event in May 2019 updating landlords on progress throughout the year. On both occasions, excellent feedback was provided about the service that Ashford provides and positive indications that landlords were happy to work with us.
Page 95 63. The current landlord offer provides a range of options and solutions depending on the requirements of both the landlord and the household’s needs. Costings are based on an “invest to save” payment measured against the alternative costs of placing households in costly temporary accommodation.
64. Flexibility also exists in the scheme to allow for alternative solutions not expressly set out in our procedures but judged in the context of a cost benefit analysis against likely B&B or nightly paid accommodation cost. Overall, the scheme has resulted in doubling the number of successful prevention outcomes for the year and has shown to offer good value for money.
65. Modular Housing Solutions & Street Purchases - Ashford BC have outlined in their current delivery plan, the longer term vision for addressing housing need and homelessness in the borough stating -
Building On Solid Foundations: Delivering Affordable Homes In Ashford Our Delivery Plan For 2019-2023
We will deliver energy efficient homes and use modern methods of construction on sites of the right topography that provide relevant access – including for temporary accommodation to assist with homelessness provision. We will also investigate setting up an Ashford Living Rent to tackle genuine affordability issues within the borough
Continuing our on-street purchase programme to deliver homes that we can adapt for people with specific, more complex needs, or that boost our stock more quickly than building would
66. The expanded street purchase programme would look to secure 50 properties for 2019/20 and 100 more in 2020/21, which can be used to alleviate pressure on the Housing Register for urgent transfer cases, and free up the resultant void properties for homeless households. Modular housing projects offer and efficient housing solutions and could readily be used to alleviate pressure on the numbers of homeless households in TA.
Consultation [Team Structure]
67. Following implementation of the Act, the team met monthly to discuss procedures and working practices. This effectively served as an opportunity to ensure that there was consistency in delivery throughout the team. On the 27 February 2019, a full consultation meeting was held with the team to find out what they felt was working well and areas that could be improved upon to take the service forward. As part of this consultation, six key areas were considered -
Team Structure Management Information Systems [Locata] Prevention & Relief Working Arrangements Temporary Accommodation Reduction Page 96 Communications Training
68. Although, it was felt that the structure of the team was broadly well balanced, and strengthened with a solid coordinator role, it was acknowledged that more could be done at the “front end” to improve service delivery.
69. In essence, preliminary assessments at the first point of contact provide some low level housing advice before a Housing Options officer is assigned to a case. The recruitment exercise resulted in appointing an excellent, experienced and capable officer in this role. It is now proposed to expand the role further to be able to issue lawful decisions quickly at the initial approach stage if households are not homeless or at threat of homelessness.
70. Other identified areas for service improvements in this respect were –
Changes to daily/weekly rota working arrangements Streamlining “front end” administrative processes Augmenting the coordinator role to alleviate pressures Identifying and implementing enhancements to the Management Information Systems [Locata] Empowering Housing Options Officers to engage more proactively on prevention initiatives
71. Communication is good within the team and regularly convened weekly meetings gauge performance and offer clarity on emerging issues. The team has requested that management could set out new priorities for the next six months ahead, to both maintain and make improvements in the good progress made do far. From September 2018, a training programme was rolled out and includes a mix of internal training, partner agencies delivering training with more formal accredited training from the Chartered Institute of Housing [CIH]. The team have acknowledged that this tailored approach has proved to be informative, relevant and has empowered them sufficiently to address existing and changing service needs.
72. There is broad agreement that service delivery could be better achieved with adjustments to the Housing Options Coordinator role and with more focus on increased levels of rough sleeping by resourcing a Single Homelessness /Rough Sleeper Coordinator in support of this.
Finance
73. The first year of HRACT implementation and the use of the new prevention initiatives has - unsurprisingly - seen an increase in spend [£126,176 spent in 2019/19 against £71,712 in 2017/18]. This has allowed for 293 households to be assisted and avoid becoming homeless in 2018/19 by engaging in prevention work or by relieving homelessness, together with keeping family placements in bed and breakfast at negligible levels.
74. This figure is for successful prevention/relief outcomes is significantly higher than 148 households assisted in 2017/18 and is to be welcomed. It has meant that notional savings in the order of approximately £200,000 have been
Page 97 made based on the assumption that displaced households might have been placed in extremely costly, emergency interim accommodation.
75. Temporary accommodation remains a concern for the team. Whilst the overall number of households in TA has decreased from 179 to 114 since April 2018, there remains a severe shortage and supply of available, affordable properties for “move on”.
76. Market rents in the private rented sector continue to rise with the majority of accommodation being- on average - £120 over the Local Housing Allowance [LHA] rate per month. Households who are on low incomes or in receipt of welfare benefits will routinely struggle with affordability issues when identifying suitable accommodation and needing to move.
77. The continuing roll out of welfare reform, and recent enactment of the Tenant Fees Act 2019 appear to be impacting directly on market rents in Ashford and could widen the financial shortfall with rates of LHA even further. Recent uprating for LHA in April 2019 has resulted in a minor increase in entitlement but still looks set to be outpaced by the increased rates of market rent.
Local Housing Allowance Rates [2019/20]
Shared rooms £69.11 weekly = £299.48 per calendar month One bedroom property £126.34 weekly = £547.47 per calendar month Two bedroom property £149.79 weekly = £649.09 per calendar month Three bedroom property £178.23 weekly = £772.33 per calendar month Four bedroom property £230.34 weekly = £954.81 per calendar month
78. In 2018/19 and in anticipation of this emerging problem, an Accommodation Officer was appointed last year. The aim was to identify receptive landlords who would assist those homeless households on low incomes and/or in receipt of welfare benefits. This has proved to be challenging work as the objective was to negotiate rates of market rent which are affordable for this client group but, despite this, approximately 10 households have been assisted in 2018/19.
79. The Housing Options Team benefit from the work done by the Property Support Officer who is jointly funded by the Housing Revenue Account and General Fund. Their time is divided between processing Choice Based Lettings applications and managing the temporary accommodation. A robust monitoring system has been developed and has been extremely effective in reducing arrears in temporary accommodation. The collection rates for 2017/18 stood at 88%, improving in 2018/19 to 96%.
80. ABC Lettings, the Social Lettings Agency has been in place at Ashford since 2012, and has successfully assisted over 200 households threatened with homelessness into private rented accommodation. There is also a Page 98 collaborative partnership with Folkestone & Hythe District Council which has assisted a further 80 homeless households. It is recognised that this has had a pronounced effect on alleviating pressures on the service and has - on average - effectively prevented 25 to 30 placements of homeless households into emergency interim accommodation each year with planned moves into settled accommodation.
Options Considered
81. Adopt the Action Plan to reduce levels of homeless households in temporary accommodation
82. Review and enhance the Housing Options Coordinator role
83. Embed the service with the new full time Single Homelessness Outreach/Rough Sleeper Coordinator to directly intervene and address levels of rough sleeping.
Supporting Recommendations
84. The current structure - when fully staffed - will generally work well, and has made great strides in 2018/19 but it is quite finely balanced. Allowing for absences such as annual leave and sickness, gaps in the service can emerge quickly and this will heighten the risk of harming the solid prevention work that has been completed this year.
85. HRACT has produced additional workload in respect of client groups who had not historically been well served before the new legal duties were implemented. Previously, single persons who were in relatively good health had limited access to advice and assistance. They now benefit from having a prevention service that provides tailored, bespoke Personalised Housing Plans [PHP] to address their homelessness.
86. In addition to this, the steep increase in numbers of rough sleepers within our borough demonstrated an identified need for expanding the role of a Single Homelessness Outreach/Rough Sleeper Coordinator within the team. Funding that had been formerly provided to an external provider for part time outreach work for Ashford was utilised, in addition to available MHCLG grant specifically for the prevention of homelessness.
87. During the three months that the Winter Night Shelter was in operation until March 2019, one Housing Options Officer was tasked to focus solely on this client group. HRACT assessments and PHPs were provided in line with our statutory duties for clients requiring assistance, as well as welfare checks being completed at drop-in sessions.
88. It is proposed that the job description of the coordinator role ought to more fully reflect their duties in terms of their skill set and seniority. The recruitment of a full time Single Homelessness Outreach/Rough Sleeper Coordinator to replace the existing part time provision in Ashford will look to increase the level of successful outcomes for this client group.
Page 99 Conclusion
89. The Housing Options Service have had to manage significant changes in working arrangements over the past year. As well as implementing new legislation, they have adapted to a fresh mind set and ethos, including new management information systems, and bedding in new staff in an expanded team. HRACT has clearly come with its challenges, but it is felt that Ashford are positioned ahead of other Local Authorities in terms of processes, procedures and results. We recognise what is working well and understand where we may need to make changes to enhance our service further.
90. There has been a reduction in the overall number in temporary accommodation by 34 % since April 2018 and there will be a continued focus in this area in the coming year.
91. Prevention and relief outcomes to avoid placement in emergency accommodation and/or bed and breakfast have risen to 290 in 2018/19 [from 148 in 2017/18].
92. There is proven positive benefit in minimising social harm for households who are threatened with homelessness. There will be a continued emphasis on prevention enabling families and vulnerable persons to avoid a “crisis” moment and the loss of accommodation for their household.
93. There has been a reduction of 44% in the number of households where we are accepting the full housing duty by successfully preventing or relieving their homelessness.
94. Solid progress has been made in addressing the increased levels of rough sleeping in Ashford and there are excellent examples of engaging with formerly entrenched vulnerable persons with moves to settled housing. This remains both a national and regional priority and there is real optimism that we can eliminate rough sleeping locally with the focused approach already adopted, and making adjustments to more pro-active service delivery. The numbers of rough sleepers have fallen by more than half in Ashford in 2019, and our Housing First initiative to assist identified, entrenched rough sleepers is due to roll out imminently.
95. The implementation of the Temporary Accommodation Reduction Action Plan will aim to further prevent homelessness, minimise the use of costly emergency accommodation and encourage more supply of affordable suitable housing allowing homeless households to move on quickly.
Portfolio Holder’s Views
96. This report indicates the dedicated and coordinated work to reduce homelessness and rough sleeping in Ashford. The main areas of activity reflect increased prevention work and robust assessment of applications to reduce homelessness in the first place; the provision of more cost effective options for temporary accommodation to reduce general fund expenditure on temporary housing; and a rapid increase in affordable homes to provide appropriate move on housing for households in temporary housing. As can be Page 100 seen from the report this approach is reducing the numbers in temporary accommodation and reducing the high costs of such accommodation whilst addressing the needs of homeless people in the Borough.
Contact and Email
97. Ray O’Shea – Housing Operations Manager 98. raymond.o’[email protected] 01233 330808
Page 101 Equality Impact Assessment Appendix 1 1. An Equality Impact Assessment (EIA) is a document that summarises how the council has had due regard to the public sector equality duty (Equality Act 2010) in its decision-making. Although there is no legal duty to produce an EIA, the Council must have due regard to the equality duty and an EIA is recognised as the best method of fulfilling that duty. It can assist the Council in making a judgment as to whether a policy or other decision will have unintended negative consequences for certain people and help maximise the positive impacts of policy change. An EIA can lead to one of four consequences:
• No major change – the policy or other decision is robust with no potential for discrimination or adverse impact. Opportunities to promote equality have been taken; • Adjust the policy or decision to remove barriers or better promote equality as identified in the EIA; • Continue the policy – if the EIA identifies potential for adverse impact, set out compelling justification for continuing; • Stop and remove the policy where actual or potential unlawful discrimination is identified. Public Sector Equality Duty • The Equality Act 2010 places a duty on the council, when exercising public functions, to have due regard to the need to: • Eliminate discrimination, harassment and victimisation; • Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; • Foster good relations between persons who share a relevant protected characteristic and persons who do not share it (i.e. tackling prejudice and promoting understanding between people from different groups). 2. These are known as the three aims of the general equality duty. Protected Characteristics 3. The Equality Act 2010 sets out nine protected characteristics for the purpose of the equality duty:
• Age • Disability • Gender reassignment • Marriage and civil partnership* • Pregnancy and maternity • Race • Religion or belief • Sex • Sexual orientation • *For marriage and civil partnership, only the first aim of the duty applies in relation to employment. Due regard 4. Having ‘due regard’ is about using good equality information and analysis at the right time as part of decision-making procedures.
5. To ‘have due regard’ means that in making decisions and in its other day-to-day activities the council must consciously consider the need to do the things set out in the general equality duty: eliminate discrimination, advance equality of opportunity and foster good relations. This can involve: Page 102 • removing or minimising disadvantages suffered by people due to their protected characteristics • taking steps to meet the needs of people with certain protected characteristics when these are different from the needs of other people • encouraging people with certain protected characteristics to participate in public life or in other activities where it is disproportionately low 6. How much regard is ‘due’ will depend on the circumstances. The greater the potential impact, the higher the regard required by the duty. Examples of functions and decisions likely to engage the duty include: policy decisions, budget decisions, public appointments, service provision, statutory discretion, decisions on individuals, employing staff and procurement of goods and services. 7. In terms of timing: • Having ‘due regard’ should be considered at the inception of any decision or proposed policy or service development or change • Due regard should be considered throughout development of a decision. Notes shall be taken and kept on file as to how due regard has been had to the equality duty in research, meetings, project teams, consultations etc. • The completion of the EIA is a way of effectively summarising this and it should inform final decision-making Case Law Principles 8. A number of principles have been established by the courts in relation to the equality duty and due regard:
• Decision-makers in public authorities must be aware of their duty to have ‘due regard’ to the equality duty and so EIA’s must be attached to any relevant committee reports. • Due regard is fulfilled before and at the time a particular policy is under consideration as well as at the time a decision is taken. Due regard involves a conscious approach and state of mind. • A public authority cannot satisfy the duty by justifying a decision after it has been taken. • The duty must be exercised in substance, with rigour and with an open mind in such a way that it influences the final decision. • The duty is a non-delegable one. The duty will always remain the responsibility of the public authority. • The duty is a continuing one so that it needs to be considered not only when a policy, for example, is being developed and agreed but also when it is implemented. • It is good practice for those exercising public functions to keep an accurate record showing that they have actually considered the general duty and pondered relevant questions. Proper record keeping encourages transparency and will discipline those carrying out the relevant function to undertake the duty conscientiously. • A public authority will need to consider whether it has sufficient information to assess the effects of the policy, or the way a function is being carried out, on the aims set out in the general equality duty. • A public authority cannot avoid complying with the duty by claiming that it does not have enough resources to do so
The Equality and Human Rights Commission has produced helpful guidance on “Meeting the Equality Duty in Policy and Decision-Making” (October 2014). It is available on the following link and report authors should read and follow this when developing or reporting on proposals for policy or service development or change and other decisions likely to engage the equality duty. Equality Duty in decision-making
Page 103 Lead officer: Rebecca Wilcox [2018] Ray O’Shea [2019] Decision maker: Cabinet Management Team Decision: Homeless Reduction Act 2017 Homeless Reduction Act 2017 • Policy, project, service, REVIEW contract • Review, change, new, stop Date of decision: January 2018 Reviewed – 2 April 2019 The date when the final decision is made. The EIA must be complete before this point and inform the final decision.
Page 104 Page Summary of the proposed Implementation The Homeless Reduction Act came into force on 3 April 2018 and the new legal decision: The Homeless Reduction Act will be implemented on duties in respect of prevention and relief of homelessness became effective for new • Aims and objectives 3rd April 2018. applications from that date. • Key actions • Expected outcomes Aims and objectives are as previously stated with emphasis on the prevention and relief of homelessness. Persons approaching under a threat of homelessness within • Who will be affected and The aims and objectives of the Act is to have more 56 days have received initial advice and assistance followed by a tailored Personal how? emphasis on the prevention of homelessness. Every person that approaches for advice will be given a Housing Plan [PHP] where it was required. • How many people will be comprehensive personal housing plan which sets out affected? exactly what they have to do, and what assistance Data [Ashford] the local authority will provide. In 2017/18, the number of approaches from households threatened with homelessness in Ashford was - on average - 124 cases on a monthly basis. Since HRACT was implemented in April 2018 this has now risen to 138 cases monthly. Based on information from Wales, where the Act is already implemented, and from those Authorities Overall, the numbers of homelessness approaches in Ashford has been stable since piloting the Act, it is expected that the work load will April 2018 [with the exception of a seasonal peak in January 2019] and has been double as more detailed casework needs to be broadly managed within existing resources. conducted.
Staff Prior to the implementation of the Act, a review of the Housing Options service was undertaken. A restructure of staff was approved and the team now comprises -
• Five Housing Options Officers This will have a big impact on staff. We are proposing • Two Housing Options Officers On Yearly Fixed Term Contracts a restructure of the team and need to recruit • One Housing Options Coordinator additional members in order to meet the demand. • One Accommodation Officer • Housing Options Manager There will also have an impact on the wider team, as the demand for private rented accommodation will The Housing Options Team became fully operational with its new staff complement increase as well as needing to amend our current in September 2018. lettings policy. There has been a dramatic drop in number of homeless cases that are being accepted and provided with a full housing duty. During 2017/18 there were 160
accepted cases as opposed to 71 cases in 2018/19.
Page 105 Page On average, officers maintain a case load of approximately 25 households fluctuating subject to the number of approaches being made.
Partner Agencies On 1 October 2018, a new legal “Duty to Refer” was introduced for a number of specified public bodies (as per Homelessness (Review Procedure etc.) Regulations 2018).
Those who are subject to this new homelessness duty are (in England only) - There will also be a significant impact on our partner agencies with the increased duties. Prisons Young Offender Institutions Secure Training Centres Secure Colleges Youth Offending Teams Probation Services (Including Community Rehabilitation Companies) Jobcentres In England Social Service Authorities (Both Adult And Children) Emergency Departments Urgent Treatment Centres Hospitals In Their Function Of Providing Inpatient Care Secretary Of State For Defence In Relation To Members Of The Regular Armed Forces
Additional referrals for households threatened by homelessness have increased the number of cases requiring assessment by an average 25 to 30 monthly.
Information and research: Research has been conducted over the past few Data collated for the year 2018/19 indicates that there have been increased • Outline the information and months looking at both the Welsh model and those numbers of approaches by households threatened by homelessness of research that has informed Authorities piloting the scheme already. approximately 11% in Ashford across all client groups. the decision.
Page 106 Page • Include sources and key HCLIC quarterly statistical returns to the Ministry for Housing, Communities and Local Government [MHCLG - formerly DCLG] provide detailed data on homeless findings. households who have accessed services.
MHCLG have issued formal guidance for implementation of the Act [revised throughout the year]
The Department for Communities and Local Version 1 - 3 April to 19 Jun 2018 Government (DCLG) have recently issued a Code of Version 2 - 1 Nov 2018 to 5 Feb 2019 Guidance and have made recommendations of how Version 3 - 20 Jun to 31 Oct 2018 to implement the Act. Version 4 - 6 Feb to 14 April 2019 In addition, we have sought the assistance from an independent consultant. There were also new legal duties enacted under the Homelessness (Review Procedure etc.) Regulations 2018 [with accompanying guidance] effective from 1 October 2018.
Consultation: Following implementation of the Act, the team met monthly to discuss procedures • What specific consultation Staff directly affected have had an informal and working practices. This effectively served as an opportunity to ensure that has occurred on this discussion with the Housing Operations Manager there was consistency in delivery throughout the team. decision? and the Head of Housing. There have been a couple
of SPACE room sessions to outline the proposal for On the 27 February 2019, a full consultation meeting was held with the team to find the new structure and to discuss the expected out what they felt was working well and areas that could be improved upon to take operational procedure. the service forward.
As part of this consultation, six key areas were considered -
Team Structure Management Information Systems [Locata] • What were the results of the This will take a more formal consultation period in Prevention & Relief Working Arrangements consultation? the new year, involving the personnel department. Temporary Accommodation Reduction
Page 107 Page Communications Training
Although, it was felt that the structure of the team was broadly well balanced, and
was strengthened with a strong coordinator role, it was acknowledged that more
could be done at the “front end” to improve service delivery for customers.
Areas were identified in client groups with protected characteristics directly relevant in the context of homeless approaches to Ashford including -
• Rough Sleepers age, disability/mental health, race, religion/belief, gender and sexual
orientation • Did the consultation analysis • Survivors of Domestic Abuse/Violence reveal any difference in views age, disability/mental health, race, religion/belief, gender and sexual across the protected orientation
characteristics? • Older Persons age, disability/mental health, race, religion/belief, gender
• Young Persons/Young Parents age, disability/mental health, race, religion/belief, gender, sexual orientation
pregnancy and maternity
• What conclusions can be Partner agencies have been informed of the new Act, From this exercise, there are planned initiatives to address individual client groups drawn from the analysis on specifically the Rough Sleepers Working Group and and have dedicated provision to meet their housing needs including – how the decision will affect the Supported Accommodation Move On Group. people with different Domestic Abuse Housing Project – to provide intermediate housing and support protected characteristics? while settled housing solutions are identified
Page 108 Page
Housing First – project specifically tailored for rough sleepers to access settled accommodation and received “wraparound“ support and services to suction their tenancy
Mother & Baby Accommodation – following Kent County Council’s [KCC] Housing Related Support commissioning exercise, there are proposals with partner agencies to have dedicated accommodation and support for this client group
DCLG are intending to run a series of formal training for both Local Authority staff and partner agencies in the new year.
Ashford Borough Council are planning to re-launch their Homelessness Forum in January 2018 to bring together all those agencies who work with people that are either homeless, or threatened with homelessness.
Assess the relevance of the decision to people with different protected characteristics and assess the impact of the decision on people with different protected characteristics. When assessing relevance and impact, make it clear who the assessment applies to within the protected characteristic category. For example, a decision may have high relevance for young people but low relevance for older people; it may have a positive impact on women but a neutral impact on men.
Impact of Decision REVIEW Positive REVIEW Impact of Decision Relevance to Decision Protected characteristic (Major/Minor) Relevance to Decision Positive (Major/Minor) High/Medium/Low/None Negative High/Medium/Low/None Negative (Major/Minor) (Major/Minor) Neutral Neutral AGE Low Neutral Low Neutral Page 109 Page Elderly
Middle age Low Neutral Low Neutral
Young adult Low Neutral Low Neutral Neutral Neutral Children Low Low Neutral Neutral DISABILITY Low Low Physical Neutral Neutral Mental Low Low Neutral Neutral Sensory Low Low Neutral Neutral GENDER RE- Low Low ASSIGNMENT Neutral Neutral MARRIAGE/CIVIL Low Low PARTNERSHIP Neutral Neutral PREGNANCY/MATERNITY Low Low Neutral Neutral RACE Low Low Neutral Neutral RELIGION OR BELIEF Low Low Neutral Neutral SEX Low Low Men Neutral Neutral
Page 110 Page Women Low Low Neutral Neutral SEXUAL ORIENTATION Low Low
No negative impact Mitigating negative impact: Where any negative impact has been identified, outline the measures taken to mitigate against it.
Is the decision relevant to the aims of the equality duty? Guidance on the aims can be found in the EHRC’s Essential Guide, alongside fuller PSED Technical Guidance.
Aim Yes / No / N/A Yes 1) Eliminate discrimination, harassment and victimisation Yes 2) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it Yes 3) Foster good relations between persons who share a relevant protected characteristic and persons who do not share it
Page 111 Page
Conclusion:
• Consider how due regard has The Homeless Reduction Act will ensure that those households that are deemed to be “Non priority” and therefore been had to the equality duty, have no duty to be housed by the Local Authority, will receive a robust and more comprehensive advice and from start to finish assistance service to ensure that they can secure sustainable, long term accommodation.
• There should be no unlawful The DCLG are changing the way they collect statistics and therefore this will be closely monitored by the Senior discrimination arising from the Housing Options Officer, who will send the new H-Clic report through every quarter. decision (see guidance above)
• Advise on whether the proposal meets the aims of the equality duty or whether adjustments have been made or need to be made or whether any residual impacts are justified
• How will monitoring of the policy, procedure or decision and its implementation be The council’s revised policy register will assist services to meet this undertaken and reported? 4 November 2019 EIA completion date:
Page 112 Page Agenda Item 12 Agenda Item No:
Report To: CABINET
Date of Meeting: 28 November 2019
Report Title: Street Trading Policy (revision)
Report Author & Trevor Ford Job Title: Environmental Protection & Licensing Team Leader
Portfolio Holder Cllr. Jo Gideon Portfolio Holder for: Community Safety and Wellbeing
Summary: The purpose of this report is to propose a revision to the existing policy to clarify the council’s position regarding trading on private land.
NO Key Decision:
Significantly All Affected Wards:
Recommendations: The Cabinet is recommended to:-
i. Approve and recommend the proposed amendment to council
Policy Overview: There is no statutory duty to publish a Street Trading Policy; however, it is considered good practice to provide information that guides members of the public, applicants, elected members and officers on matters relating to street trading.
The aim of the Council’s street trading policy is to encourage a street trading environment which complements premises based trading, is sensitive to the needs of residents, provides diversity and consumer choice, and seeks to enhance the character, ambience and safety of local environments.
Financial A small handful of traders may no longer require a street Implications: trading consent from the Licensing Authority as a result of this change. The income and expenditure implications have been taken into account and are not considered significant.
Legal Implications: The revised report provides greater clarity on the expectations of the Licensing Authority and reduces potential inconsistency that could lead to legal challenge. No specific new negative implications are expected.
Page 113 Equalities Impact See attached Assessment:
Other Material None Implications:
Exempt from NO Publication:
Background Street Trading Policy 2018-2023 Papers: https://www.ashford.gov.uk/media/6370/street-trading-policy- 2018.pdf
Contact: [email protected] – Tel: (01233) 330 397
Page 114 Agenda Item No.
Report Title:
Street Training Policy (revision)
Introduction and Background
1. The purpose of this report is to present to Cabinet an amendment to Ashford Borough Council’s ‘Street Trading Policy’.
2. There is no statutory duty for the Council to maintain a Street Trading Policy, however, it is considered good practice to have one to guide applicants, the public, officers and members, in matters considered in the determination of licensing applications.
3. The current policy statement expires in 2023, and the planned amendment acts to keep the document up to date and relevant pending the 2023 review.
4. The statement of policy sets out how the council will approach the making of decisions and indicating what the council considers to be important. It is vital that the policy does not turn into a rule that is applied inflexibly and fetters the exercise of discretion. There must be a willingness to consider individual applications on their particular merits.
5. A policy relating to the determination of applications not only guides the decision-maker but also services to inform an applicant about what they should consider in preparing their application.
Proposal/Current Position
6. The proposed amendment amounts to a small revision to clarify the council’s position regarding trading on private land adjacent to the street.
7. The clarification will introduce a pragmatic approach to the open wording of the Local Government (Miscellaneous Provisions) Act 1982, where the act states that it applies to ‘any land where the public have access without payment’.
8. This amendment ensures that unnecessary regulatory burden on business is avoided, and ensures that our regulation in this area continues in a consistent manner commensurate with the intentions of the Act.
9. For that purpose we wish to add into the policy document the following information to clarify when trading on private property would not be considered to be street trading;
Page 115
If any of the below scenarios apply, the you will be unlikely to require a street trading consent.
Planning permission, food business registration, business rates etc. will however still be required as appropriate
Trading on private land, were the stall/trading is not adjacent to the public highway. The term ‘adjacent’ is not strictly defined, but it is suggested to be within 25 meters of a public highway
Example – An ice-cream trader operating outside the front doors of a supermarket with the landowner’s permission, but away from the public highway.
Trading on private land, that is adjacent to the public highway (carriage of pavement), where there is no direct access from the highway due to continuous hedging/fencing. The term ‘adjacent’ is not strictly defined, but it is suggested to be within 25 meters of a public highway
Example - Trading at a retail unit car park alongside the highway but where customers from the street would need to walk around the site boundary to the public entrance and then back across the car park
Trading on private land regardless of proximity to the highway, but only trading to occupiers of the private land with no trading to the public from the highway (carriageway or pavement).
Example – Sandwich van serving industrial unit employees, or, a food stall at a promotional event for retail unit customers.
Implications and Risk Assessment
10. The amendment to this policy is not anticipated to have any significant implications.
11. It is expected that a small handful of traders on private property may no longer require a licence as a result of this proposal, however, there is no perceived negative effect to them or the public as a result of this change. The small decrease in licences is not considered significant in terms of budgetary management.
12. The change does not negate any other requirements on businesses to register as food business operators, to obtain planning consent, or pay business rates where appropriate to their activities.
13. Judicial review is a risk if the policy strays beyond the requirements of the act, or restricts legal activities without due and appropriate cause
Page 116 Equalities Impact Assessment
14. The policy will affect all persons involved in or affected by a relevant licensable activity in the Borough, irrespective of gender, race, disability, sexuality or age. Recipients of the policy include holders of licences, members of licensing sub-committee, authorities e.g. Kent Police, Kent Fire & Rescue Service, etc. and all of the Borough’s businesses, residents of the borough and those who visit and use premises offering licensable activities.
15. An equalities impact assessment is attached as Appendix A
Consultation Planned or Undertaken
16. There is no formal requirement for consultation and due to insignificant implications, wider public consultation is not proposed.
Other Options Considered
17. Whilst there are range of options available, such as making no change, or adding further controls, neither are considered appropriate as to the current position with reference to street trading within the borough.
Reasons for Supporting Option Recommended
18. This proposed option ensures that unnecessary regulation on business is avoided, without introducing new risks to the public.
19. Furthermore the amendment ensures that regulation of this matter continues in a manner consistent with the intentions of the act.
Next Steps in Process
20. Upon adoption of this amendment, the policy document will be updated appropriately, and published on our street trading webpages.
21. The statement of policy will be subject to review in 2023, along with any periodic review bought about by changes in the council’s approach, or change to relevant legislation.
Conclusion
22. In summary, the proposed amendment helps to clarify the Council’s position and ensures that our approach is transparent and remains robust.
Portfolio Holder’s Views
23. “I welcome this minor amendment which aids transparency, and sets out the council’s expectations in a clear and pragmatic manner”
Councillor Jo Gideon
Page 117 Contact and Email
24. Trevor Ford Environmental Protection and Licensing Team Leader [email protected]
Appendix A: Equalities Impact Assessment
Page 118 3. These are known as the three aims of the Equality Impact Assessment general equality duty. 1. An Equality Impact Assessment (EIA) is a Protected characteristics document that summarises how the council 4. The Equality Act 2010 sets out nine has had due regard to the public sector protected characteristics for the purpose of equality duty (Equality Act 2010) in its the equality duty: decision-making. Although there is no legal duty to produce an EIA, the Council • Age must have due regard to the equality duty and an EIA is recognised as the best • Disability method of fulfilling that duty. It can assist • Gender reassignment the Council in making a judgment as to whether a policy or other decision will have • Marriage and civil partnership* unintended negative consequences for certain people and help maximise the • Pregnancy and maternity positive impacts of policy change. An EIA • Race can lead to one of four consequences: • Religion or belief (a) No major change – the policy or other decision is robust with no potential for • Sex discrimination or adverse impact. Opportunities to promote equality have • Sexual orientation been taken; *For marriage and civil partnership, only the (b) Adjust the policy or decision to remove first aim of the duty applies in relation to barriers or better promote equality as employment. identified in the EIA; Due regard (c) Continue the policy – if the EIA 5. Having ‘due regard’ is about using good identifies potential for adverse impact, equality information and analysis at the set out compelling justification for right time as part of decision-making continuing; procedures. (d) Stop and remove the policy where 6. To ‘have due regard’ means that in making actual or potential unlawful decisions and in its other day-to-day discrimination is identified. activities the council must consciously Public sector equality duty consider the need to do the things set out in the general equality duty: eliminate 2. The Equality Act 2010 places a duty on the discrimination, advance equality of council, when exercising public functions, opportunity and foster good relations. This to have due regard to the need to: can involve: (a) Eliminate discrimination, harassment • removing or minimising disadvantages and victimisation; suffered by people due to their (b) Advance equality of opportunity protected characteristics. between persons who share a relevant • taking steps to meet the needs of protected characteristic and persons people with certain protected who do not share it; characteristics when these are different (c) Foster good relations between persons from the needs of other people. who share a relevant protected • encouraging people with certain characteristic and persons who do not protected characteristics to participate share it (ie tackling prejudice and in public life or in other activities where promoting understanding between it is disproportionately low. people from different groups). 7. How much regard is ‘due’ will depend on Page 119the circumstances The greater the potential impact, the higher the regard policy, for example, is being developed and required by the duty. Examples of functions agreed but also when it is implemented. and decisions likely to engage the duty • include: policy decisions, budget decisions, It is good practice for those exercising public appointments, service provision, public functions to keep an accurate record statutory discretion, decisions on showing that they have actually considered individuals, employing staff and the general duty and pondered relevant procurement of goods and services. questions. Proper record keeping encourages transparency and will 8. In terms of timing: discipline those carrying out the relevant function to undertake the duty • Having ‘due regard’ should be conscientiously. considered at the inception of any decision or proposed policy or service • A public authority will need to consider development or change. whether it has sufficient information to assess the effects of the policy, or the way • Due regard should be considered a function is being carried out, on the aims throughout development of a decision. set out in the general equality duty. Notes shall be taken and kept on file as to how due regard has been had to the • A public authority cannot avoid complying equality duty in research, meetings, with the duty by claiming that it does not project teams, consultations etc. have enough resources to do so. • The completion of the EIA is a way of effectively summarising this and it The Equality and Human Rights should inform final decision-making. Commission has produced helpful Case law principles guidance on “Meeting the Equality Duty in Policy and Decision-Making” 9. A number of principles have been (October 2014). It is available on the established by the courts in relation to the following link and report authors should equality duty and due regard: read and follow this when developing or reporting on proposals for policy or • Decision-makers in public authorities service development or change and must be aware of their duty to have ‘due other decisions likely to engage the regard’ to the equality duty and so EIA’s equality duty. Equality Duty in decision- must be attached to any relevant making committee reports. • Due regard is fulfilled before and at the time a particular policy is under consideration as well as at the time a decision is taken. Due regard involves a conscious approach and state of mind. • A public authority cannot satisfy the duty by justifying a decision after it has been taken. • The duty must be exercised in substance, with rigour and with an open mind in such a way that it influences the final decision. • The duty is a non-delegable one. The duty will always remain the responsibility of the public authority. • The duty is a continuing one so that it needs to be considered not only when a Page 120 Equality Impact Assessment
Lead officer: Trevor Ford Decision maker: Cabinet Decision: To approve and recommend a proposed amendment to the • Policy, project, service, council’s Street Trading Policy contract • Review, change, new, stop Date of decision: 28 November 2019 The date when the final decision is made. The EIA must be complete before this point and inform the final decision. Summary of the proposed To introduce a minor amendment to introduce clarity with decision: reference to street trading and trading on private land where • Aims and objectives the public have access. • Key actions • Expected outcomes • Who will be affected and how? • How many people will be affected? Information and research: Research conducted as part of the amendment of the policy • Outline the information and includes; research that has informed the decision. • Examples of practice at other authorities • Include sources and key • General legislative research findings. • Case law research
Consultation: No formal requirement for consultation. • What specific consultation has occurred on this Due to insignificant implications, wider public consultation is decision? not planned. • What were the results of the consultation? • Did the consultation analysis reveal any difference in views across the protected characteristics? • What conclusions can be drawn from the analysis on how the decision will affect people with different protected characteristics?
Page 121 Assess the relevance of the decision to people with different protected characteristics and assess the impact of the decision on people with different protected characteristics. When assessing relevance and impact, make it clear who the assessment applies to within the protected characteristic category. For example, a decision may have high relevance for young people but low relevance for older people; it may have a positive impact on women but a neutral impact on men.
Impact of Decision Relevance to Decision Positive (Major/Minor) Protected characteristic High/Medium/Low/None Negative (Major/Minor) Neutral AGE Elderly None Neutral
Middle age None Neutral
Young adult None Neutral
Children None Neutral
DISABILITY Physical None Neutral
Mental None Neutral
Sensory None Neutral
GENDER RE- None Neutral ASSIGNMENT
MARRIAGE/CIVIL None Neutral PARTNERSHIP
PREGNANCY/MATERNITY None Neutral
RACE None Neutral
RELIGION OR BELIEF None Neutral
SEX Neutral Men None
Women None Neutral
SEXUAL ORIENTATION None Neutral
N/A Mitigating negative impact: Where any negative impact has been identified, outline the measures taken to mitigate against it. Page 122
Is the decision relevant to the aims of the equality duty? Guidance on the aims can be found in the EHRC’s Essential Guide, alongside fuller PSED Technical Guidance.
Aim Yes/No
1) Eliminate discrimination, harassment and victimisation Yes
2) Advance equality of opportunity between persons who share a Yes relevant protected characteristic and persons who do not share it
3) Foster good relations between persons who share a relevant Yes protected characteristic and persons who do not share it
Conclusion: No further action required. • Consider how due regard has been had to the equality duty, from start to finish. • There should be no unlawful discrimination arising from the decision (see guidance above). • Advise on whether the proposal meets the aims of the equality duty or whether adjustments have been made or need to be made or whether any residual impacts are justified. • How will monitoring of the policy, procedure or decision and its implementation be undertaken and reported? 3 October 2019 EIA completion date:
Page 123 This page is intentionally left blank Agenda Item 13 Agenda Item No:
Report To: CABINET
Date of Meeting: 28 November 2019
Report Title: Statement of Licensing Policy 2019-2024
Report Author & Trevor Ford Job Title: Environmental Protection & Licensing Team Leader
Portfolio Holder Cllr. Jo Gideon Portfolio Holder for: Community Safety and Wellbeing
Summary: The purpose of this report is to report on the statutory consultation for the draft Statement of Licensing Policy 2019- 2024 originally presented to cabinet on 11 July 2019
Key Decision: NO
Significantly Affected Wards: All
Recommendations: The Cabinet is recommended to note the results of the consultation and recommend the adoption of the Statement of Licensing Policy 2019-2024 to council.
Policy Overview: The determination of Licensing Act applications and notices is a statutory duty and covers regulated activities such as the sale of alcohol, provision of live/recorded music, late night refreshment and film.
Effective regulation, including the provision of a Statement of Licensing Policy, helps to promote; the prevention of crime and disorder, the protection of public safety, the prevention of nuisance, and, the protection of children from harm.
Our Statement of Licensing Policy guides members of the public, applicants, elected members, and officers on such matters.
Financial Implications: None
Legal Implications: The revised provides greater clarity on the expectations of the Licensing Authority and reduces potential inconsistency that could lead to legal challenge. No specific new negative implications are expected.
Page 125 Equalities Impact Assessment: See attached
Other Material Implications: None
Exempt from Publication: NO
Background Papers: 11 July 2019 Cabinet Paper, including draft Statement of Licensing Policy 2019-2024
Contact: [email protected] – Tel: (01233) 330 397
Page 126 Agenda Item No.
Report Title: Statement of Licensing Policy 2019-2024
Introduction and Background
1. The purpose of this report is to report on the statutory consultation for the draft Statement of Licensing Policy 2019-2024 presented to cabinet on 11 July 2019 (minute reference CA 110719/70).
2. The determination of Licensing Act applications and notices is a statutory duty and covers regulated activities such as the sale of alcohol, provision of live/recorded music, late night refreshment and film.
3. Effective regulation, including the provision of a statement of licensing policy, helps to promote; the prevention of crime and disorder, the protection of public safety, the prevention of nuisance, and, the protection of children from harm.
4. Our statement of policy with respects to this subject area guides members of the public, applicants, elected members, and officers on such matters.
5. The current policy statement expires on the 11 December 2019, and the planned revision acts to update the document and provide greater clarity on the expectations of the Licensing Authority.
6. The statement of policy sets out how the council will approach the making of decisions, indicating what the council considers to be important, what control measures it will be looking for, and so forth.
7. It is vital that the policy does not turn into a rule that is applied inflexibly and fetters discretion. There must be a willingness to consider individual applications on their particular merits.
8. A policy relating to the determination of applications not only guides the decision-maker but also services to inform an applicant about what they should consider in preparing their application.
Current Position
9. Having undertaken the necessary consultation, the proposal is the adoption of the draft Statement of Licensing Policy as previously presented to cabinet.
10. No amendments to that document are proposed following the statutory consultation.
11. A summary of the key changes can be found within the earlier report.
Implications and Risk Assessment
12. The update to this policy is not anticipated to have any significant implications.
Page 127 13. Judicial review is a risk if the policy strays beyond the requirements of the act, or restricts legal activities without due and appropriate cause
Equalities Impact Assessment
14. The policy will affect all persons involved in or affected by a relevant licensable activity in the Borough, irrespective of gender, race, disability, sexuality or age. Recipients of the policy include holders of licences, members of licensing sub- committee, authorities e.g. Kent Police, Kent Fire & Rescue Service, etc. and all of the Borough’s businesses, residents of the borough and those who visit and use premises offering licensable activities.
15. An equalities impact assessment is attached as Appendix A
Consultation Undertaken
16. The statutory consultation period commenced for a period of 3 months on the 1 August 2019.
17. Consultation letters were sent to the following consultees, including those who form a statutory consultee:
• Chief Officer of Police • Kent Fire Rescue Service • Public Health • Ashford Health and Wellbeing Board • British Beer and Pub Association • The Association for Convenience Stores • UK Hospitality • Tenterden Chamber of Commerce • Kent Invicta Chamber of Commerce
18. Additionally the consultation was published on the council’s webpages.
19. In total, one consultation response was received from the Ashford-based Police Licensing Officer for Kent Police, which supported the policy update. The response was as follows;
Licensing Act Statement of Policy 2019 – 2024 consultation.
Thank you for allowing us the opportunity to view and comment on the above updated policy document. Kent Police support the changes and updates to the policy document, which we feel will add clarity to the expectations of the authority.
We look forward to continuing, the already established, partnership working with the licensing authority.
Page 128 Other Options Considered
20. As a statutory requirement under the Licensing Act, the Licensing Authority must publish a Statement of Licensing Policy for the period of December 2019 to December 2024.
21. Whilst the Statement of Licensing Policy must contain certain information as defined, the expectations of the council are to an extent open to allow local considerations to be taken into account.
Reasons for Supporting Option Recommended
22. During the development of the ‘Statement of Licensing Policy’ legislation and guidance has been considered, and the principles selected are considered appropriate to the aims of the licensing objectives taking into account local circumstances.
23. This approach is recommended to ensure that the policy remains up to date, and effectively can be usefully applied by the council, officers, applicants, and the general public without detriment to residents, businesses, or visitors to the town.
Next Steps in Process
24. Upon adoption of the Statement of Licensing Policy by council it will be published on our website.
25. The final statement of licensing policy will be subject to statutory review after five years, along with any periodic review bought about by changes in the council’s approach, or change to relevant legislation
Conclusion
26. In summary, the statement of licensing policy aims to provide interested persons with details of the councils approach whilst promoting the Licensing Act’s objectives.
Portfolio Holder’s Views
27. “I welcome the revision of this statutory policy document, which ensures that it remains fit for purpose and enables the council to continue to promote the licensing objectives of, namely the prevention of crime and disorder, public safety, prevention of public nuisance and the protection of children from harm”
Councillor Jo Gideon
Contact and Email
28. Trevor Ford Environmental Protection and Licensing Team Leader [email protected]
Page 129 Appendix A: Equalities Impact Assessment
Page 130 3. These are known as the three aims of the Equality Impact Assessment general equality duty. 1. An Equality Impact Assessment (EIA) is a Protected characteristics document that summarises how the council 4. The Equality Act 2010 sets out nine has had due regard to the public sector protected characteristics for the purpose of equality duty (Equality Act 2010) in its the equality duty: decision-making. Although there is no legal duty to produce an EIA, the Council • Age must have due regard to the equality duty and an EIA is recognised as the best • Disability method of fulfilling that duty. It can assist • Gender reassignment the Council in making a judgment as to whether a policy or other decision will have • Marriage and civil partnership* unintended negative consequences for certain people and help maximise the • Pregnancy and maternity positive impacts of policy change. An EIA • Race can lead to one of four consequences: • Religion or belief (a) No major change – the policy or other decision is robust with no potential for • Sex discrimination or adverse impact. Opportunities to promote equality have • Sexual orientation been taken; *For marriage and civil partnership, only the (b) Adjust the policy or decision to remove first aim of the duty applies in relation to barriers or better promote equality as employment. identified in the EIA; Due regard (c) Continue the policy – if the EIA 5. Having ‘due regard’ is about using good identifies potential for adverse impact, equality information and analysis at the set out compelling justification for right time as part of decision-making continuing; procedures. (d) Stop and remove the policy where 6. To ‘have due regard’ means that in making actual or potential unlawful decisions and in its other day-to-day discrimination is identified. activities the council must consciously Public sector equality duty consider the need to do the things set out in the general equality duty: eliminate 2. The Equality Act 2010 places a duty on the discrimination, advance equality of council, when exercising public functions, opportunity and foster good relations. This to have due regard to the need to: can involve: (a) Eliminate discrimination, harassment • removing or minimising disadvantages and victimisation; suffered by people due to their (b) Advance equality of opportunity protected characteristics. between persons who share a relevant • taking steps to meet the needs of protected characteristic and persons people with certain protected who do not share it; characteristics when these are different (c) Foster good relations between persons from the needs of other people. who share a relevant protected • encouraging people with certain characteristic and persons who do not protected characteristics to participate share it (ie tackling prejudice and in public life or in other activities where promoting understanding between it is disproportionately low. people from different groups). 7. How much regard is ‘due’ will depend on Page 131the circumstances The greater the potential impact, the higher the regard policy, for example, is being developed and required by the duty. Examples of functions agreed but also when it is implemented. and decisions likely to engage the duty • include: policy decisions, budget decisions, It is good practice for those exercising public appointments, service provision, public functions to keep an accurate record statutory discretion, decisions on showing that they have actually considered individuals, employing staff and the general duty and pondered relevant procurement of goods and services. questions. Proper record keeping encourages transparency and will 8. In terms of timing: discipline those carrying out the relevant function to undertake the duty • Having ‘due regard’ should be conscientiously. considered at the inception of any decision or proposed policy or service • A public authority will need to consider development or change. whether it has sufficient information to assess the effects of the policy, or the way • Due regard should be considered a function is being carried out, on the aims throughout development of a decision. set out in the general equality duty. Notes shall be taken and kept on file as to how due regard has been had to the • A public authority cannot avoid complying equality duty in research, meetings, with the duty by claiming that it does not project teams, consultations etc. have enough resources to do so. • The completion of the EIA is a way of effectively summarising this and it The Equality and Human Rights should inform final decision-making. Commission has produced helpful Case law principles guidance on “Meeting the Equality Duty in Policy and Decision-Making” 9. A number of principles have been (October 2014). It is available on the established by the courts in relation to the following link and report authors should equality duty and due regard: read and follow this when developing or reporting on proposals for policy or • Decision-makers in public authorities service development or change and must be aware of their duty to have ‘due other decisions likely to engage the regard’ to the equality duty and so EIA’s equality duty. Equality Duty in decision- must be attached to any relevant making committee reports. • Due regard is fulfilled before and at the time a particular policy is under consideration as well as at the time a decision is taken. Due regard involves a conscious approach and state of mind. • A public authority cannot satisfy the duty by justifying a decision after it has been taken. • The duty must be exercised in substance, with rigour and with an open mind in such a way that it influences the final decision. • The duty is a non-delegable one. The duty will always remain the responsibility of the public authority. • The duty is a continuing one so that it needs to be considered not only when a Page 132 Equality Impact Assessment
Lead officer: Trevor Ford Decision maker: Cabinet Decision: To recommend to council the adoption of the Statement of • Policy, project, service, Licensing Policy 2019-2024 contract • Review, change, new, stop Date of decision: 28 November 2019 The date when the final decision is made. The EIA must be complete before this point and inform the final decision. Summary of the proposed The report seeks to enable the adoption a Statement of decision: Licensing Policy 2019-2024.
• Aims and objectives The changes in the policy include the update of out of date • Key actions legal requirements, removal of duplicated guidance, and, • Expected outcomes layout/format changes • Who will be affected and how? It is not expected that there will be any impacts associated • How many people will be with the revised policy document. affected? Information and research: Research conducted as part of the revision of the policy • Outline the information and includes; research that has informed the decision. • Updated case law • Include sources and key • Best practice guidance findings. • General Licensing Act 2003 research
Consultation: • What specific consultation Statutory public consultation occurred over a three-month has occurred on this period, with a single supportive response received. That decision? response indicated no negative impacts. • What were the results of the consultation? • Did the consultation analysis reveal any difference in views across the protected characteristics? • What conclusions can be drawn from the analysis on how the decision will affect people with different protected characteristics?
Page 133 Assess the relevance of the decision to people with different protected characteristics and assess the impact of the decision on people with different protected characteristics. When assessing relevance and impact, make it clear who the assessment applies to within the protected characteristic category. For example, a decision may have high relevance for young people but low relevance for older people; it may have a positive impact on women but a neutral impact on men.
Impact of Decision Relevance to Decision Positive (Major/Minor) Protected characteristic High/Medium/Low/None Negative (Major/Minor) Neutral AGE Elderly Medium Positive - minor
Middle age Medium Positive – minor
Young adult Medium Positive – minor
Children High Positive - minor
DISABILITY Physical Low Neutral
Mental Low Neutral
Sensory Low Neutral
GENDER RE- Low Neutral ASSIGNMENT
MARRIAGE/CIVIL Low Neutral PARTNERSHIP
PREGNANCY/MATERNITY Low Neutral
RACE Low Neutral
RELIGION OR BELIEF Low Neutral
SEX Neutral Men Low
Women Low Neutral
SEXUAL ORIENTATION Low Neutral
N/A Mitigating negative impact: Where any negative impact has been identified, outline the measures taken to mitigate against it. Page 134
Is the decision relevant to the aims of the equality duty? Guidance on the aims can be found in the EHRC’s Essential Guide, alongside fuller PSED Technical Guidance.
Aim Yes/No
1) Eliminate discrimination, harassment and victimisation Yes
2) Advance equality of opportunity between persons who share a Yes relevant protected characteristic and persons who do not share it
3) Foster good relations between persons who share a relevant Yes protected characteristic and persons who do not share it
Conclusion: The results of the statutory consultation has been considered. • Consider how due regard has been had to the No further action required. equality duty, from start to finish. • There should be no unlawful discrimination arising from the decision (see guidance above). • Advise on whether the proposal meets the aims of the equality duty or whether adjustments have been made or need to be made or whether any residual impacts are justified. • How will monitoring of the policy, procedure or decision and its implementation be undertaken and reported? 3 October 2019 EIA completion date:
Page 135 This page is intentionally left blank Agenda Item 14 Agenda Item No:
Report To: Cabinet
Date of Meeting: 28th November 2019
Report Title: Community Connection
Report Author & Alison Oates Job Title: Community Safety and Wellbeing Manager
Portfolio Holder Cllr. J Gideon Portfolio Holder for: Community Safety and Wellbeing
Summary: This report is to update Cabinet on the success of the community buses (Community Connection) and provide options for future delivery and funding arrangements.
Key Decision: NO
Significantly All wards are able to request a scheme Affected Wards:
Recommendations: The Cabinet is recommended to:-
i. Approve the continuation of the scheme ii. Support funding arrangements for the next two financial years
Policy Overview: Community transport can offer many benefits to a local community. It can give individuals greater independence and improve their wellbeing and quality of life. It can be the ideal response to a local transport problem and can reduce the overall cost of travel for residents. Supporting local communities is central to the council’s wellbeing aims and is in line with the current and developing corporate plan. Financial An estimated revenue implication of £14,000, over the next Implications: two financial years, will provide four additional buses. The necessary funding has been identified from within existing budgets and included in the MTFP. Legal Implications A legal agreement is produced and signed by Ashford Borough Council and the host when the vehicle is launched.
Equalities Impact See attached Assessment
Other Material None Implications: Page 137
Exempt from NO Publication:
Background None Papers:
Contact: [email protected] – Tel: (01233) 330225
Page 138
Agenda Item No.
Report Title: Community Connection
Introduction and Background
1. The Community Connection scheme is a wellbeing initiative and aims to better connect those living in rural communities with services and enable them to benefit from opportunities that otherwise may be unavailable to them due to transport restrictions. It also recognises the withdrawal of previously existing rural transport.
2. The scheme involves forward funding a mini-bus for a parish council or other local community group (referred to as the host). The organisation makes charges for those who wish to use the mini-bus, which are then passed to the borough council to cover the vehicle hire and other costs. After these costs are covered, any surplus is held by the host organisation. The scheme aims for a vehicle to be entirely self-funding by its first anniversary, i.e. 100% of the lease costs are recouped in income from users.
Current Position
Schemes to date
3. There are currently two schemes in operation, the Rolvenden Rocket which started in July 2018 and the Woodchurch Wagon which started in August 2019.
4. In its first year, the Rolvenden Rocket completed over 8,000 miles, providing trips for many local groups such as the WI, youth group and residents of Moneypenny sheltered housing scheme. As the first year came to an end, Rolvenden Parish Council requested that we continued to administer the project while they transfer to an extended lease rather than the current rental arrangement. They are, however, covering the full hire costs but will be moving to a new lease shortly.
5. Rolvenden Parish Council has been proving highly successful and innovative in its approach to the scheme. The parish council has sought regular contracts to support their project such as acting as a minibus for a private school (1 day a week), supporting the work undertaken by the Tenterden Social Hub and are in discussion with Ivy Court Surgery to act as the transport solution for patients who are participating in a social prescribing scheme.
6. The Woodchurch Wagon launch took place in August 2019 and received extensive attendance from the community, local school children (who named the bus) and community groups who are planning on using the bus. The Wagon’s first trip was for the local football club. A photo of the launch is provided at Appendix A along with an example of the positive press coverage
Page 139 following the launch. Also included are some of the positive messages that we have received about both the Rolvenden and Woodchurch schemes.
7. Wye Parish Council wishes to become the next parish to join the scheme, and they are currently utilising Woodchurch Wagon for a day a week to test public demand and refine their business plan before a commitment is made.
Funding arrangements
8. In the first year of operation the council subsidises each vehicle hire. The council also funds the vehicle livery, training for five drivers per vehicle plus Disclosure and Barring Service (DBS) checks and vehicle insurance. The total scheme cost for one vehicle (for 12 months) is £3,500. This figure is dependent on the parish achieving the required level of use in order to meet a repayment schedule. If they do not, the cost to the council is more than this figure, however, the council can terminate the agreement if the repayments are not made.
9. In the first year of operation the council subsidises the hire costs by 50% in quarter one, 25% in quarter two and 10% in quarters 3 & 4.
10. The scheme aims for a vehicle to fully self-funding by its first anniversary i.e. 100% of the rental costs are recouped in income received by the parish council from users of the bus.
11. After 12 months, responsibility for the hire/lease of the vehicles transfers to the parish council or a decision is made to shut down the arrangement. If the scheme is proving successful, a parish council could at this point convert to a lease rather than hire arrangement which would reduce the vehicle costs.
12. The cost of the service expansion will be dependent on parish council/community group interest, however, funding has been allocated through the “Town Centre Project” to provide two buses in 2020/21 and two buses in 2021/22.
13. If further vehicles are required then additional funding would need to be identified.
Implications and Risk Assessment
The main risks and implication are as follows:
• Take up of the scheme is not as currently anticipated. This has no financial impact, however, on the budget.
• The vehicle(s) are not used as much as the host hoped and therefore the required income is not achieved. In this case the council’s costs could increase as it is paying the hire/lease company (the contract can, however, be terminated in this situation).
• The funding model is based on ability to roll forward income to reinvest in individual schemes the following year. Page 140
• The town centre funding may be reduced or removed to cover a higher priority project so funding would need to be sourced from elsewhere.
Equalities Impact Assessment
14. Members are referred to the attached assessment. There are no negative impacts and the scheme contributes positively on several fronts.
Other Options Considered
15. It would be possible to purely provide a toolkit for parishes explaining how to start up a community bus. It is a risk, however, that they would not be able to cover the costs while the scheme gets started and therefore it is believed this would be a significant barrier to further roll out of the scheme.
16. In addition to a toolkit, a one-off grant could be paid to equal the £3,500 subsidy being provided by the council. This would reduce the officer time and financially de-risk the council. It is, however, felt that the parishes have benefited from the support provided by officers and that our involvement helps ensure sustainability of the overall scheme.
Reasons for Supporting Option Recommended
17. The option that we are seeking support for is to agree that the allocated town centre funding should be used to support the launch of the vehicles.
18. If there is a demand for further vehicles within the next two years then the host would need to secure separate funding for this, however we will assist with the implementation of the project.
19. Finally it is believed that the toolkit and grant option would be detrimental to the host as they would find it difficult to afford the insurance for their first year of operation, whereas the current arrangement allows the vehicle to be added to our insurance inventory at minimal cost.
Next Steps in Process
20. Following agreement then work would commence to identify and commence the work plans for the vehicles for 2020/21.
Conclusion
21. Cabinet are requested to support the recommendation of an additional four Community Connection vehicles over the next two years.
Portfolio Holder’s Views
22. This scheme embodies what local transport is all about: connecting local people with their communities. I am so pleased to see the project going from strength to strength, providing people with a friendly and caring local Page 141 transport. Whether it is being used for trips to the shops, a trip for a social club, or visit to the hospital it is much appreciated by those using it and something for the parishes to be really proud of. I will take this opportunity to particularly thank those within the parish councils who work to make the scheme a success and to the volunteer drivers who are the real stars who make the service possible. I ask members to continue to champion this schemes and ensure that the necessary funding is made available to allow other parishes to benefit from this important service. I wish the current and future scheme all the very best.
Contact and Email
23. Alison Oates - [email protected]
Page 142 Appendix A
Woodchurch Wagon Launch
Page 143
Comments from users of Woodchurch Wagon:
1. Great transport option for the village 2. Affordable for us to go as a group when we don’t have transport ourselves 3. Good to travel on a day out with friends (rather than being in separate cars – much more sociable!) 4. Door to Door service was great
Page 144 Comment from Rolvenden Parish Council (Host organisation of the Rolvenden Rocket):
The Rolvenden Rocket minibus project has improved the lives of residents of all ages, both in our village and neighbouring villages, by alleviating the social isolation that often comes with living in a rural area with poor public transport links. Not only have existing village organisations made good use of the opportunities that the bus can offer but new social groups have also been created in the community, enabled by the availability of transport on the bus.
Page 145 3. These are known as the three aims of the Equality Impact Assessment general equality duty. 1. An Equality Impact Assessment (EIA) is a Protected characteristics document that summarises how the council 4. The Equality Act 2010 sets out nine has had due regard to the public sector protected characteristics for the purpose of equality duty (Equality Act 2010) in its the equality duty: decision-making. Although there is no legal duty to produce an EIA, the Council • Age must have due regard to the equality duty and an EIA is recognised as the best • Disability method of fulfilling that duty. It can assist • Gender reassignment the Council in making a judgment as to whether a policy or other decision will have • Marriage and civil partnership* unintended negative consequences for certain people and help maximise the • Pregnancy and maternity positive impacts of policy change. An EIA • Race can lead to one of four consequences: • Religion or belief (a) No major change – the policy or other decision is robust with no potential for • Sex discrimination or adverse impact. Opportunities to promote equality have • Sexual orientation been taken; *For marriage and civil partnership, only the (b) Adjust the policy or decision to remove first aim of the duty applies in relation to barriers or better promote equality as employment. identified in the EIA; Due regard (c) Continue the policy – if the EIA 5. Having ‘due regard’ is about using good identifies potential for adverse impact, equality information and analysis at the set out compelling justification for right time as part of decision-making continuing; procedures. (d) Stop and remove the policy where 6. To ‘have due regard’ means that in making actual or potential unlawful decisions and in its other day-to-day discrimination is identified. activities the council must consciously Public sector equality duty consider the need to do the things set out in the general equality duty: eliminate 2. The Equality Act 2010 places a duty on the discrimination, advance equality of council, when exercising public functions, opportunity and foster good relations. This to have due regard to the need to: can involve: (a) Eliminate discrimination, harassment • removing or minimising disadvantages and victimisation; suffered by people due to their (b) Advance equality of opportunity protected characteristics. between persons who share a relevant • taking steps to meet the needs of protected characteristic and persons people with certain protected who do not share it; characteristics when these are different (c) Foster good relations between persons from the needs of other people. who share a relevant protected • encouraging people with certain characteristic and persons who do not protected characteristics to participate share it (ie tackling prejudice and in public life or in other activities where promoting understanding between it is disproportionately low. people from different groups). 7. How much regard is ‘due’ will depend on Page 146 the circumstances The greater the potential impact, the higher the regard • Decision-makers in public authorities required by the duty. Examples of functions must be aware of their duty to have ‘due and decisions likely to engage the duty regard’ to the equality duty and so EIA’s include: policy decisions, budget decisions, must be attached to any relevant public appointments, service provision, committee reports. statutory discretion, decisions on individuals, employing staff and • Due regard is fulfilled before and at the procurement of goods and services. time a particular policy is under consideration as well as at the time a 8. In terms of timing: decision is taken. Due regard involves a conscious approach and state of • Having ‘due regard’ should be mind. considered at the inception of any decision or proposed policy or service • A public authority cannot satisfy the duty by development or change. justifying a decision after it has been taken. • Due regard should be considered • The duty must be exercised in substance, throughout development of a decision. with rigour and with an open mind in such Notes shall be taken and kept on file as a way that it influences the final decision. to how due regard has been had to the equality duty in research, meetings, • The duty is a non-delegable one. The duty project teams, consultations etc. will always remain the responsibility of the public authority. • The completion of the EIA is a way of effectively summarising this and it • The duty is a continuing one so that it should inform final decision-making. needs to be considered not only when a policy, for example, is being developed and Armed Forces Community agreed but also when it is implemented. 9. As part of the council’s commitment to the • It is good practice for those exercising Armed Forces Community made through public functions to keep an accurate record the signing of the Armed Forces Covenant showing that they have actually considered the council’s Cabinet agreed in November the general duty and pondered relevant 2017 that potential impacts on the Armed questions. Proper record keeping Forces Community should be considered encourages transparency and will as part of the Equality Impact Assessment discipline those carrying out the relevant process. function to undertake the duty conscientiously. 10. Accordingly, due regard should also be had throughout the decision making • A public authority will need to consider process to potential impacts on the groups whether it has sufficient information to covered by the Armed Forces Covenant: assess the effects of the policy, or the way a function is being carried out, on the aims • Current serving members of the Armed set out in the general equality duty. Forces (both Regular and Reserve) • A public authority cannot avoid complying with the duty by claiming that it does not • Former serving members of the Armed have enough resources to do so. Forces (both Regular and Reserve)
• The families of current and former The Equality and Human Rights Armed Forces personnel. Commission has produced helpful guidance on “Meeting the Equality Case law principles Duty in Policy and Decision-Making” 11. A number of principles have been (October 2014). It is available on the established by the courts in relation to the following link and report authors should equality duty and due regard: read and follow this when developing Page 147 or reporting on proposals for policy or service development or change and other decisions likely to engage the equality duty. Equality Duty in decision- making
Page 148 Lead officer: Alison Oates Decision maker: Cabinet Decision: Cabinet are requested to support the recommendation of an additional four Community Connection vehicles over the next • Policy, project, service, two years to provide a quality offer to the most isolated contract residents within the borough. • Review, change, new, stop Date of decision: 28th November 2019 The date when the final decision is made. The EIA must be complete before this point and inform the final decision. Summary of the proposed The Community Connection scheme is a wellbeing initiative decision: and aims to better connect those living in rural communities with services and enable them to benefit from opportunities • Aims and objectives that otherwise may be unavailable to them due to transport • Key actions restrictions. It also recognises the withdrawal of previously • Expected outcomes existing rural transport. • Who will be affected and how? There are currently two schemes in operation, the Rolvenden Rocket which started in July 2018 and the Woodchurch • How many people will be Wagon which started in August 2019. affected?
The scheme involves forward funding a mini-bus for a parish council or other local community group (referred to as the host). The organisation makes charges for those who wish to use the mini-bus, which are then passed to the borough council to cover the vehicle hire and other costs. After these costs are covered, any surplus is held by the host organisation. The scheme aims for a vehicle to be entirely self-funding by its first anniversary, i.e. 100% of the lease costs are recouped in income from users.
An estimated revenue implication of £14,000, over the next two financial years, will provide four additional buses. The necessary funding has been identified from within existing budgets and included in the MTFP.
Information and research: The two schemes provide regular data linked to usage, miles • Outline the information and covered and financial information. In the first year research that has informed Rolvenden Rocket covered over 8000 miles. the decision. • Include sources and key Wye Parish Council wishes to become the next parish to join findings. the scheme, and they are currently utilising Woodchurch Wagon for a day a week to test public demand and refine their business plan before a commitment is made.
Consultation: • What specific consultation Consultation with host organisations prior to the launch of has occurred on this the scheme to ensure community support to ensure commitment to the project. decision? Page 149 • What were the results of the consultation? No public consultation • Did the consultation analysis reveal any difference in views Scheme developed in consultation with Host organisations. across the protected
characteristics? The vehicles are fitted with wheelchair lifts and ramps for • What conclusions can be disabled access. drawn from the analysis on how the decision will affect people with different protected characteristics?
Assess the relevance of the decision to people with different protected characteristics and assess the impact of the decision on people with different protected characteristics. When assessing relevance and impact, make it clear who the assessment applies to within the protected characteristic category. For example, a decision may have high relevance for young people but low relevance for older people; it may have a positive impact on women but a neutral impact on men. Impact of Decision Relevance to Decision Positive (Major/Minor) Protected characteristic High/Medium/Low/None Negative (Major/Minor) Neutral AGE Elderly Low Positive - minor
Middle age Low Positive - minor
Young adult Low Positive - minor
Children Low Positive - minor
DISABILITY Physical Low Positive - minor
Mental Low Positive - minor
Sensory Low Positive - minor
GENDER RE- Low Neutral ASSIGNMENT Page 150 MARRIAGE/CIVIL Low Neutral PARTNERSHIP
PREGNANCY/MATERNITY Low Positive - minor
RACE Low Neutral
RELIGION OR BELIEF Low Neutral
SEX Men Low Neutral
Women Low Neutral
SEXUAL ORIENTATION Low Neutral
ARMED FORCES COMMUNITY Low Neutral Regular/Reserve personnel
Former service personnel Low Neutral
Service families Low Neutral
No negative impact Mitigating negative impact: Where any negative impact has been identified, outline the measures taken to mitigate against it.
Is the decision relevant to the aims of the equality duty? Guidance on the aims can be found in the EHRC’s Essential Guide, alongside fuller PSED Technical Guidance.
Aim Yes / No / N/A
1) Eliminate discrimination, harassment and victimisation No
2) Advance equality of opportunity between persons who share a No relevant protected characteristic and persons who do not share it
3) Foster good relations between persons who share a relevant No protected characteristic and persons who do not share it
Conclusion:
• Consider how due regard Equality considerations: Community Connection is being has been had to the pursed on anPage equitable 151 basis. It does not breach any human equality duty, from start to rights but acknowledges that there is benefit to individual’s finish. wellbeing due to improved connectivity.
• There should be no Monitoring the success or otherwise will be monitored over the unlawful discrimination length of the via monthly reporting tools and quarterly project arising from the decision meetings. (see guidance above ).
• Advise on whether the Equality Duty: The project does not have any adverse impact proposal meets the aims of by disadvantaging any of the equality groups. the equality duty or whether adjustments have been made or need to be made or whether any residual impacts are justified.
• How will monitoring of the
policy, procedure or
decision and its
implementation be
undertaken and reported?
7th November 2019 EIA completion date:
Page 152 Agenda Item 15 Agenda Item No: 15
Report To: CABINET
Date of Meeting: 28th November 2019
Report Title: Adoption of Rolvenden Neighbourhood Plan
Report Author & Ian Grundy, Principal Policy Planner Job Title:
Portfolio Holder Cllr. Shorter, Portfolio Holder for Planning & Development Portfolio Holder for:
Summary: The Rolvenden Neighbourhood Plan was submitted for examination in May 2019 and the Council received the Examiner’s report in September 2019. The Examiner’s report recommended that the Rolvenden Neighbourhood Development Plan should proceed to referendum subject to a number of modifications and on the 7th November 2019, the amended and final version of the Neighbourhood Plan was the subject of a local referendum in the parish and 89.5% voted in favour of the plan. Following the successful referendum it is now the Local Planning Authority’s responsibility to formally ‘make’ (i.e. adopt) the Plan, which will confer full Development Plan status for decision making purposes. Formally ‘making’ the Neighbourhood Plan must be agreed by Full Council, so this report recommends that the Cabinet endorse the Neighbourhood Plan and ask Full Council to ‘make’ it.
Key Decision: NO
Significantly Rolvenden and Tenterden West Affected Wards:
Recommendations: The Cabinet is recommended to:-
I. Recommend that Full Council ‘make’ the Rolvenden Neighbourhood plan in accordance with Section 38A(4) of the Planning and Compulsory Purchase Act 2004
Policy Overview: The adoption of the Rolvenden Neighbourhood Plan will mean that its policies shall have the same weight in decision- making as those adopted policies contained within the Borough Council’s own Ashford Local Plan 2030.
Financial 25% of any Community Infrastructure Levy monies received Implications: from development in the Neighbourhood Plan area must be Page 153 top sliced to the Parish Council, rather than 15% for those parishes without a Neighbourhood Plan.
Legal Implications None
Equalities Impact See Attached Assessment
Other Material None Implications:
Exempt from NO Publication:
Background Rolvenden Neighbourhood Plan 2013 – 2030 Papers:
Contact: [email protected] – Tel: (01233)330213
Page 154
Agenda Item No. 15
Report Title: Adoption of the Rolvenden Neighbourhood Plan
Introduction and Background
1. The advent of Neighbourhood Plans as a means for local communities to draw up their own planning proposals and policies for their areas came as part of the Coalition Government’s major changes to the planning system following the 2010 general election.
2. In this borough, there are two Neighbourhood Plans already adopted, the Wye Neighbourhood Plan and the Pluckley Neighbourhood Plan, and there are a number of others in various stages of production. The Rolvenden Neighbourhood Plan will be the third Neighbourhood Plan to be adopted in the Borough.
3. Work commenced on the production of the Neighbourhood Plan in 2013, and the process has involved significant consultation with the local community. Throughout the process, planning policy officers from the borough council have supported the Neighbourhood Planning Group in Rolvenden to ensure that the eventual Plan met not only the aspirations of local residents, but also fulfilled the tests of compliance with national and local planning policy.
4. Following two formal stages of public and stakeholder consultation on the draft Plan, the Council appointed an independent examiner to formally consider whether the Plan met the necessary ‘basic conditions’ tests set down in legislation. The examination took place over written representations throughout May and June 2019. In September 2019 the Council received the examiner’s report which concluded that, subject to a number of amendments, the Plan was sound and did meet the ‘basic conditions’ tests and therefore should progress to the final stages of the process – a local referendum on the Plan.
5. The local referendum on the Plan, as amended, was held in the parish on 7th November 2019. Of the 419 people who voted (a turnout of 35%), 89.5% supported the Plan.
Proposal/Current Position
6. As more than 50% of those who voted in the local referendum, were in favour of the Plan, the Local Planning Authority must ‘make’ the Plan within 8 weeks of the referendum.
Implications and Risk Assessment
7. The ‘making’ of the Neighbourhood Plan will confer full Development Plan status on its policies. This means that for decision-making purposes, applications should be determined in accordance with its policies unless Page 155 material considerations indicate otherwise. The Neighbourhood Plan should therefore play a central role in guiding the Local Planning Authority in assessing planning applications in the parish alongside the policies in the Ashford Local Plan 2030.
Equalities Impact Assessment
8. Members are referred to the attached Assessment. Although the Neighbourhood Plan has been drafted by others, it is necessary to consider EIA if the Council is to adopt its policies.
9. It is concluded that the policies contained within the Neighbourhood Plan do not prejudice any existing groups. The Plan provides a framework for development that will support all sections of the local community.
Consultation Planned or Undertaken
10. As set out in the background section of this report, significant consultation has taken place on the Plan, in accordance with the relevant statutory requirements, which has helped to shape the Plan.
Other Options Considered
11. The Council must ‘make’ the plan unless it is considered that that the making of the plan would breach, or would otherwise be incompatible with, any EU obligation or any human rights. In my opinion, there is no such incompatibility and therefore, the Council should progress to the formally ‘make’ the Plan.
Reasons for Supporting Option Recommended
12. The Council are required to ‘make’ the Plan, following the successful referendum, unless the making of the plan would breach, or would otherwise be incompatible with, any EU obligation or any human rights, and there are no such reasons.
Next Steps in Process
13. If the Cabinet agree the recommendation, then it will be for the Full Council to approve and formally ‘make’ the Neighbourhood Plan so that it can become a part of the Borough Council’s Development Plan for the borough.
14. In addition, the relevant regulations require the borough council to publish this decision on the council’s website and a statement setting out the reasons for making that decision. This should also be published and made available locally within the parish. The adopted version of the Neighbourhood Plan will also be made available on the Borough Council’s website.
Conclusion
15. The Parish Council as a whole and the members of the Neighbourhood Planning Group in particular, deserve much credit for undertaking and persevering with the Rolvenden Neighbourhood Plan through to its Page 156 conclusion. The referendum result shows support for the Plan by the local community and demonstrates the efforts to engage the community throughout the process.
16. It is recommended that Cabinet endorse the Neighbourhood Plan and request that Full Council formally ‘make’ the Plan to form part of the Development Plan for the borough.
Portfolio Holder’s Views
17. I am very supportive of local communities taking an active role in the future evolution of their environment. These plans then inform future decisions being taken by the Local Planning Authority to develop a comprehensively beneficial place for all. The work and commitment of all having undertaken this exercise is to be commended.
Contact and Email
18. Ian Grundy, Principal Policy Planner
Page 157 3. These are known as the three aims of the Equality Impact Assessment general equality duty. 1. An Equality Impact Assessment (EIA) is a Protected characteristics document that summarises how the council 4. The Equality Act 2010 sets out nine has had due regard to the public sector protected characteristics for the purpose of equality duty (Equality Act 2010) in its the equality duty: decision-making. Although there is no legal duty to produce an EIA, the Council • Age must have due regard to the equality duty and an EIA is recognised as the best • Disability method of fulfilling that duty. It can assist • Gender reassignment the Council in making a judgment as to whether a policy or other decision will have • Marriage and civil partnership* unintended negative consequences for certain people and help maximise the • Pregnancy and maternity positive impacts of policy change. An EIA • Race can lead to one of four consequences: • Religion or belief (a) No major change – the policy or other decision is robust with no potential for • Sex discrimination or adverse impact. Opportunities to promote equality have • Sexual orientation been taken; *For marriage and civil partnership, only the (b) Adjust the policy or decision to remove first aim of the duty applies in relation to barriers or better promote equality as employment. identified in the EIA; Due regard (c) Continue the policy – if the EIA 5. Having ‘due regard’ is about using good identifies potential for adverse impact, equality information and analysis at the set out compelling justification for right time as part of decision-making continuing; procedures. (d) Stop and remove the policy where 6. To ‘have due regard’ means that in making actual or potential unlawful decisions and in its other day-to-day discrimination is identified. activities the council must consciously Public sector equality duty consider the need to do the things set out in the general equality duty: eliminate 2. The Equality Act 2010 places a duty on the discrimination, advance equality of council, when exercising public functions, opportunity and foster good relations. This to have due regard to the need to: can involve: (a) Eliminate discrimination, harassment • removing or minimising disadvantages and victimisation; suffered by people due to their (b) Advance equality of opportunity protected characteristics. between persons who share a relevant • taking steps to meet the needs of protected characteristic and persons people with certain protected who do not share it; characteristics when these are different (c) Foster good relations between persons from the needs of other people. who share a relevant protected • encouraging people with certain characteristic and persons who do not protected characteristics to participate share it (ie tackling prejudice and in public life or in other activities where promoting understanding between it is disproportionately low. people from different groups). 7. How much regard is ‘due’ will depend on Page 158 the circumstances The greater the potential impact, the higher the regard policy, for example, is being developed and required by the duty. Examples of functions agreed but also when it is implemented. and decisions likely to engage the duty • include: policy decisions, budget decisions, It is good practice for those exercising public appointments, service provision, public functions to keep an accurate record statutory discretion, decisions on showing that they have actually considered individuals, employing staff and the general duty and pondered relevant procurement of goods and services. questions. Proper record keeping encourages transparency and will 8. In terms of timing: discipline those carrying out the relevant function to undertake the duty • Having ‘due regard’ should be conscientiously. considered at the inception of any decision or proposed policy or service • A public authority will need to consider development or change. whether it has sufficient information to assess the effects of the policy, or the way • Due regard should be considered a function is being carried out, on the aims throughout development of a decision. set out in the general equality duty. Notes shall be taken and kept on file as to how due regard has been had to the • A public authority cannot avoid complying equality duty in research, meetings, with the duty by claiming that it does not project teams, consultations etc. have enough resources to do so. • The completion of the EIA is a way of effectively summarising this and it The Equality and Human Rights should inform final decision-making. Commission has produced helpful Case law principles guidance on “Meeting the Equality Duty in Policy and Decision-Making” 9. A number of principles have been (October 2014). It is available on the established by the courts in relation to the following link and report authors should equality duty and due regard: read and follow this when developing or reporting on proposals for policy or • Decision-makers in public authorities service development or change and must be aware of their duty to have ‘due other decisions likely to engage the regard’ to the equality duty and so EIA’s equality duty. Equality Duty in decision- must be attached to any relevant making committee reports. • Due regard is fulfilled before and at the time a particular policy is under consideration as well as at the time a decision is taken. Due regard involves a conscious approach and state of mind. • A public authority cannot satisfy the duty by justifying a decision after it has been taken. • The duty must be exercised in substance, with rigour and with an open mind in such a way that it influences the final decision. • The duty is a non-delegable one. The duty will always remain the responsibility of the public authority. • The duty is a continuing one so that it needs to be considered not only when a Page 159 Lead officer: Ashley Taylor Decision maker: Council Decision: New planning policy - Adoption of Rolvenden • Policy, project, service, Neighbourhood Plan contract • Review, change, new, stop Date of decision: 28th November 2019 The date when the final decision is made. The EIA must be complete before this point and inform the final decision. Summary of the proposed The adopted plan will form part of the Council’s development decision: plan, and need to be taken into account in making decisions • Aims and objectives on planning applications within Rolvenden parish. • Key actions • Expected outcomes The adoption of the Plan impacts upon planning decisions within the parish of Rolvenden. There is a potential impact • Who will be affected and upon residents, landowners and businesses in Rolvenden. how? • How many people will be affected? Information and research: The production of the Neighbourhood Plan has been through • Outline the information and its statutory process, being produced by Rolvenden Parish research that has informed Council. the decision. Following a successful referendum the Local Planning • Include sources and key Authority is required to ‘make’ (adopt) the Plan. findings.
Consultation: • What specific consultation The Parish Council has carried out informal and formal has occurred on this consultation in accordance with the statutory requirements. decision? Consultation has taken place with the local community, • What were the results of the businesses, landowners and other statutory stakeholders. consultation? The Council has also carried out a consultation on the plan with all of the above. • Did the consultation analysis reveal any difference in views across the protected Limited response was received to the consultation, raising characteristics? specific issues about the Plan’s proposals. • What conclusions can be drawn from the analysis on The consultation analysis did not reveal any difference in how the decision will affect views across the protected characteristics. people with different protected characteristics?
Page 160 Assess the relevance of the decision to people with different protected characteristics and assess the impact of the decision on people with different protected characteristics. When assessing relevance and impact, make it clear who the assessment applies to within the protected characteristic category. For example, a decision may have high relevance for young people but low relevance for older people; it may have a positive impact on women but a neutral impact on men.
Impact of Decision Relevance to Decision Positive (Major/Minor) Protected characteristic High/Medium/Low/None Negative (Major/Minor) Neutral AGE None Neutral Elderly
Middle age None Neutral
Young adult None Neutral
Children None Neutral
DISABILITY None Neutral Physical
Mental None Neutral
Sensory None Neutral
GENDER RE- None Neutral ASSIGNMENT
MARRIAGE/CIVIL None Neutral PARTNERSHIP
PREGNANCY/MATERNITY None Neutral
RACE None Neutral
RELIGION OR BELIEF Neutral
SEX None Neutral Men
Women None Neutral
SEXUAL ORIENTATION None Neutral
Mitigating negative impact: Where any negative impact has been identified, outline the measures taken to mitigate against it. Page 161
Is the decision relevant to the aims of the equality duty? Guidance on the aims can be found in the EHRC’s Essential Guide, alongside fuller PSED Technical Guidance.
Aim Yes / No / N/A
1) Eliminate discrimination, harassment and victimisation No
2) Advance equality of opportunity between persons who share a No relevant protected characteristic and persons who do not share it
3) Foster good relations between persons who share a relevant No protected characteristic and persons who do not share it
Conclusion: • Consider how due regard The Neighbourhood Plan has been drafted by others, but the has been had to the Council has considered the equalities act when providing equality duty, from start to comments advice to the Parish Council regarding the Plan. finish. The policy is not specifically relevant to any of the protected • There should be no characteristics. The Neighbourhood Plan seeks to bring forward unlawful discrimination development that will benefit the parish as a whole. It is arising from the decision concluded that the policies contained within the Neighbourhood (see guidance above ). Plan do not prejudice any existing groups. The Plan provides a • Advise on whether the framework for development that will support all sections of the proposal meets the aims of local community. the equality duty or whether adjustments have The monitoring of development outcomes will form part of the been made or need to be council’s wider development monitoring activities. The Annual made or whether any Monitoring report will be vehicle by which any specific residual impacts are outcomes can be noted as well as periodic reports on the justified. delivery of infrastructure through Section 106 Agreements.
• How will monitoring of the policy, procedure or decision and its implementation be undertaken and reported?
******** 2019. EIA completion date:
Page 162 Rolvenden Neighbourhood Plan 2013 – 2030
September 2019
1 Page 163 Contents Contents Page Section 1: Introduction 4 Section 2: Rolvenden Now 10 Section 3: The Vision for Rolvenden 15 Section 4: Rolvenden Neighbourhood Plan Strategy 15 Section 5: Neighbourhood Plan Policies 19 Section 6: Monitoring and Review 65 Appendix 1: The Character Areas Assessments and Village Approaches 66
Policy Index Policy Page Policy RNP1 - Design of New Development and Conservation 23 Policy RNP2 – Protection of Local Green Space within the Built-Up Confines 27 Policy RNP3 – Conserve and Enhance the Countryside 33 Policy RNP4 – Residential development on the periphery of Rolvenden Built-Up 34 Confines Policy RNP5 – Residential development on the periphery of Rolvenden Layne Built- 35 Up Confines Policy RNP6 – Small scale residential development within the built-up confines of 38 Rolvenden and Rolvenden Layne Policy RNP7 – Housing Site Allocations 43 Policy RNP8 – Dwelling Size 46 Policy RNP9 – Village Shops and Public Houses 50 Policy RNP10 – Retention, intensification and regeneration of existing business sites 52 Policy RNP11 - Conversion of rural buildings to business use; tourist accommodation 54 or tourist attraction Policy RNP12 - Recreation and Leisure Open Space and Public Rights of Way 58 Policy RNP13 - Retention of Community Buildings 59 Policy RNP14 - Multi-Sports Pavilion 60 Policy RNP15 - Off Street Parking 62 Policy RNP16 - Extension to Village Hall Car Park 63 Policy RNP17- Securing Infrastructure 64
2 Page 164 Acknowledgements
This document has been developed and produced by Rolvenden Parish Council in close cooperation with local community volunteers on behalf of the Rolvenden community.
The team would like to thank the following in preparation of the documents:
Tony Fullwood, of Tony Fullwood Associates, Chartered Town Planners, who was our professional planning consultant Ashford Borough Council for guidance and support Events and exhibitions venues who kindly gave their space The community groups, local societies and school in Rolvenden for providing support and comment throughout the process
The Parish Council and the Neighbourhood Plan team would like to thank the whole community for participating in the process and for coming together and supporting the Neighbourhood Plan over its development.
3 Page 165 Section 1: Introduction
The Rolvenden Neighbourhood Plan is a new type of planning document produced in Rolvenden. It is part of the Government’s new approach to planning which aims to give local people more say about what goes on in their area. This is set out in the Localism Act that came into force in April 2012. If passed at a local referendum, the Neighbourhood Plan will be adopted by Ashford Borough Council as the plan which must be used in law to determine planning applications in Rolvenden Parish. It will become part of the Development Plan alongside the Borough Council’s Local Plan. The Plan therefore provides the local community with a powerful tool to guide the long term future of Rolvenden Parish for the period 2013 to 2030. The Plan contains a vision for the future of Rolvenden Parish and sets out clear planning policies to realise this vision. In order to develop the Neighbourhood Plan, Rolvenden Parish Council set up a Neighbourhood Plan steering committee team which comprises 3 Parish Councillors supported by a number of local volunteers. Some of the Neighbourhood Plan policies are general and apply throughout the Plan area, whilst others are site or area specific and apply only to the relevant areas illustrated on the associated Map. Nevertheless, in considering proposals for development, the Parish and Borough Council will apply all relevant policies of the Plan. It is therefore assumed that the Plan will be read as a whole and cross-referencing between Plan policies has been minimised. The Plan should also be read in conjunction with the National Planning Policy Framework, published in February 2019 and updated on 19 June 2019 (NPPF), Ashford Borough Council’s Local Plan, 2030 and the Neighbourhood Plan evidence documents.
4 Page 166 Which Area Does the Neighbourhood Plan Cover?
The Rolvenden Neighbourhood Plan relates to the designated area covered by Rolvenden Parish Council. The neighbourhood plan designation was approved by Ashford Borough Council on 11 July 2013. The area to which the Plan applies is shown on the Rolvenden Neighbourhood Plan Designation Map (Figure 1).
Figure 1 - Rolvenden Neighbourhood Plan Area
5 Page 167 Involvement in the Neighbourhood Plan Process The Neighbourhood Plan team has followed the necessary legal steps to create the Plan. Importantly the team has ensured engagement with the people of Rolvenden and others with an interest in the area.
Details of the consultation to date have been recorded in the Consultation Statement.
The process is set out in Figure 2 – Rolvenden Neighbourhood Plan Process with the opportunities for involvement highlighted in dark green.
6 Page 168 Figure 2 – Rolvenden Neighbourhood Plan Process
April 2012 Neighbourhood Planning Regulations published
11 July 2013 Rolvenden Neighbourhood Plan designation
1 March 2015 Engagement workshop
Data and evidence collection and interpretation 2014 - 2017 Options Creation and drafting of Neighbourhood Plan
Draft Neighbourhood Plan Pre-Submission consultation - Winter 2017 testing proposals for the future development of Rolvenden and surrounding countryside
Review consultation; further evidence gathering; align Spring 2018 - with NPPF 2018 and adopted Ashford Local Plan 2030; Winter 2019 Plan amendment and finalisation
Spring 2019 Submission consultation (current stage) 6 weeks
Summer 2019 Examination - An Independent Examiner will test the Plan
Autumn 2019 Referendum
Adoption - Plan given full weight by ABC to determine Autumn 2019 planning applications if approved at referendum
7 Page 169 How the Neighbourhood Plan fits into the planning system Although the Government’s intention is for local people to decide what goes on in their area, all Neighbourhood Plans must be in line with higher level planning policy. This means that, within the constraints imposed by national guidance and local policy, neighbourhoods should develop plans that support the strategic development needs set out in Local Plans - promoting no less development than is required in the Local Plan. Neighbourhood Plans must comply with European Regulations on strategic environmental assessments and habitats, take into account the NPPF and generally conform with the strategic policies in the adopted Ashford Local Plan, 2030. Nevertheless, if passed at a local referendum, the Neighbourhood Plan will be adopted by Ashford Borough Council as the plan which must be used in law to determine planning applications in Rolvenden Parish.
What is in the Neighbourhood Plan? The Plan is for Rolvenden Parish as a whole and looks at a wide range of issues, including: Protecting the heritage assets; distinctive character of the built-up area and the surrounding countryside (the High Weald Area of Outstanding Natural Beauty) and achieving high quality development which fits well with the location; Retaining the Local Green Spaces within the built-up confines of Rolvenden and Rolvenden Layne and important public views; Selecting suitable sites for new housing and business floorspace Providing smaller homes to meet starter and retirement needs; Protecting and enhancing community buildings; and Providing supporting local infrastructure.
What period does the Neighbourhood Plan cover? The Rolvenden Neighbourhood Plan covers the Plan period from 2013 – 2030 and coincides with the period for the adopted Local Plan.
Strategic Environmental Assessment A Strategic Environmental Assessment (SEA) is required under European legislation for all plans which may have a significant effect on the environment. To determine whether the Rolvenden Neighbourhood Plan requires an SEA it is necessary to screen the proposals in the plan to determine whether it is likely to result in significant environmental effects. Ashford Borough Council is legally required to determine whether a neighbourhood plan will require SEA. As part of this screening process it is necessary to consult the SEA consultation bodies (Historic England, Natural England and the Environment Agency) to get their opinion on whether or not the plan is likely to result in significant environmental effects and therefore whether an SEA is required.
The Screening Report for the Regulation 14 Rolvenden Neighbourhood Plan found that no significant negative effects will occur as a result of the Plan. The assessment also found that the aims and objectives of the Neighbourhood Plan are in conformity with the adopted and the, then, emerging local plan policies which have a full SA/SEA which identified no 8 Page 170 significant effects will occur as a result of the implementation of policies contained within them. It is concluded that a full SEA is not required at this time. This was reiterated for the Regulation 15 Rolvenden Neighbourhood Plan.
The Habitats Regulations Assessment (HRA) refers to the appropriate assessment required for any plan to assess the potential implications for European wildlife sites. The first stage of the HRA process is a screening exercise undertaken by Ashford Borough Council where the details of nearby internationally designated sites are examined to assess whether there is the potential for the implementation of the Plan to have an impact on the sites. Following such an assessment, it was considered that the Regulation 14 Rolvenden Neighbourhood Plan proposals would not adversely affect the integrity of the internationally designated sites, alone or in combination with other projects and plans. It was therefore considered that a full HRA of the Rolvenden Neighbourhood Plan is not required. This was confirmed for the Regulation 15 Rolvenden Neighbourhood Plan.
How this Plan is organised The Plan is divided into six sections: Section 2: Rolvenden Now: a brief description of the villages and surrounding countryside today and the key issues that have influenced the Plan Section 3: The Vision for Rolvenden: a long term vision for the Parish up to 2030 Section 4: Rolvenden Neighbourhood Plan Strategy: the broad planning approach for Rolvenden Parish and how this conforms with higher level planning policy Section 5: Neighbourhood Plan Policies: which set out policies to support the overall vision, including site specific allocations for new development. Policies are arranged in the following themes: Environment Housing Local Economy Leisure and Wellbeing Local Infrastructure Section 6: Monitoring and Review: which explains how the Neighbourhood Plan will be monitored and the circumstances which may lead to a review of the plan.
9 Page 171 Section 2: Rolvenden Now
A wide range of issues have been considered in producing the Neighbourhood Plan.
These are grouped under five themes:
• Environment
• Housing
• The Local Economy
• Leisure and Wellbeing
• Local Infrastructure
The key issues for these six themes are set out below. These have been identified through research along with various consultation events. The background reports used to help prepare the Neighbourhood Plan are referred to in more detail in Section 5.
Environment
The extensive rural parish of 23.3 km2 (9 square miles) is made up of
the older village of Rolvenden (dating from Saxon times and mentioned in the Domesday Book of 1086); the associated younger hamlet, Rolvenden Layne; and a number of dispersed hamlets: farmsteads and isolated buildings originally built around a handful of historical manors
Map 1 – Settlement Pattern of Rolvenden
10 Page 172 The Parish of Rolvenden is situated almost entirely within the High Weald Area of Outstanding Natural Beauty (AONB) – see Map 1 above. Rolvenden Parish has a rich historic environment with a number of important designated heritage assets including a large number of listed buildings; two Conservation Areas (at Rolvenden and Rolvenden Layne); a scheduled monument and a Registered Historic Park and Garden. The area is also contains areas known to be of archaeological interest and areas with archaeological potential.
The Neighbourhood Plan identifies areas of distinctive character within the built-up confines of Rolvenden and Rolvenden Layne and the associated approaches to the villages.
Housing
The 2011 census recorded 1,414 people in the Parish. The population has an older age profile than the national average. Over 60% of residents in 2011 were aged 45 years and above. The over 65’s made up almost half of this group (30%) while the national average for over 65’s was only 16.6%.
The census tells us that in 2011 Rolvenden Parish had 699 households. The Rolvenden Housing Needs Survey, 2015 indicates a predominance of family housing with the majority of respondents (almost 45%) living in 3 bedroom homes with just over 30% in houses of 4+ bedrooms and over 25% in 1 or 2 bedroom homes. In common with Ashford Borough and Kent, the majority of houses are owner occupied with a much smaller proportion available for rent.
The NPPF states that neighbourhoods should not promote less development than set out in the strategic policies for the area, taking into account any specific policies in the Framework which indicate development should be restricted including those relating to the AONB.
The adopted Ashford Local Plan 2030, pursues a more restrained approach to development outside of Ashford and anticipates more limited development at a scale that is consistent with accessibility, infrastructure provision, level of services available, suitability of sites and environmental sensitivity. The adopted plan does not allocate any strategic housing sites within Rolvenden Parish. Where Neighbourhood Plan Areas had been established early on in the preparation of the adopted Local Plan such as at Rolvenden, proposals to allocate sites within these areas fall to the neighbourhood plan, where they are non-strategic in nature. The Local Plan notes that Rolvenden Parish Council is committed to allocating land for 24 dwellings in the Neighbourhood Plan.
Whilst there is no strategic requirement for Rolvenden to accommodate new housing allocations, the Local Housing Needs Survey, 2015 has revealed a local need for a limited number of new market and affordable homes, particularly smaller homes to meet demand especially from new and older downsizing households. It is the intention that the Neighbourhood Plan allocates small sites for a limited number of new smaller dwellings and facilitates further provision of affordable housing.
Residents are keen to ensure that development is absorbed within the environmental constraints identified and can be supported by sufficient infrastructure to ensure the quality of life of existing and future residents. When assessing new development it is important to 11 Page 173 understand the characteristics of each area of the villages and designs should respond carefully to the heritage assets and distinctive character of the area in which they are located.
The Local Economy
As of 2011, 61.5% of people of working age (aged 16-74) in Rolvenden and Tenterden West Ward were in employment.
Within the Parish, most local employment is to be found in Rolvenden village centre shops and services, community services (such as the primary school), small scale industry, agriculture, the provision of tourist accommodation as well as those working from home.
Of real importance to the community are the shops and services provided at Rolvenden village centre.
Most businesses have been established in the Parish for several decades. The, principally, small scale businesses generally operate from small premises (in many case these are home based). There are a number of offices and workshops located in the Parish, many within converted rural buildings. The recent introduction of fibre optic broadband has increased business connectivity. A Business Survey identified no significant need for additional premises – though with businesses generally optimistic about the future and some expressing a need to move premises in the next 5 years or so, some flexibility in supply will be advantageous in sustaining local enterprises.
The presence of businesses is important to the sustainability of Rolvenden Parish and a number of businesses have long term associations with the Parish. Businesses provide local employment opportunities; help sustain the social and economic fabric of Rolvenden High Street and Rolvenden Layne and, in relation to farming, help sustain the landscape quality of the countryside.
Leisure and Wellbeing
Rolvenden Parish is blessed by a strong community spirit reflected in the number of groups and activities taking place. These groups need places in which to meet and there are a number of excellent facilities within Rolvenden including the modern Village Hall, the Church and the Village Club. Private parties may hire the Village Hall.
The Summer Fete when it is held starts its procession at Rolvenden Layne playing field and heads towards Rolvenden’s cricket field for the day’s proceedings. This, along with the Flower Festival and Art Exhibition in August, are much anticipated events. The three pubs, The Bull, The Star and The Ewe and Lamb, thrive all year round.
Rolvenden has a long and distinguished sporting history. There is generally good provision of open space serving Rolvenden and Rolvenden Layne. Cricket has been played on the green for over 100 years and the highly successful football club and the tennis club are keenly supported. Stool ball is still played on the Rolvenden Layne playing field. Facilities for short mat bowls, New Age Kurling, badminton, table tennis and pool are available in the Village Hall with the nearest sports centre located at Tenterden. The primary school has a swimming pool which is intended to become available to the public.
12 Page 174 Local Infrastructure
Education
Rolvenden has a small pre-school and a primary school with adjoining playing field and its own swimming pool. The primary school has 14 places in each year group, giving 98 places overall. In October 2016 the school was at capacity. However, Kent County Council as Education Authority assume that future Year R (reception) pupils from new development in the Parish will access places in Rolvenden Primary School and that those who would apply from further afield will be allocated places nearer to their homes. The nearest secondary school is Homewood School and Sixth Form Centre in Tenterden.
Medical Services
The part time doctor’s surgery in the High Street was closed several years ago and the nearest is now in Tenterden.
Leisure provision
In order to enhance existing sports provision, the Parish Council and local sports groups are keen to progress the building of a new multi-sports pavilion at Rolvenden to provide up to date changing and showering facilities for the existing outdoor sports pitches.
Transport
The rural location and poor public transport have resulted in high car ownership in Rolvenden. Limited bus services to Ashford, Tunbridge Wells and Hastings run from the High Street but the Rolvenden Layne service to Tenterden is mainly shared with the Homewood School bus. The supermarket in Peasmarsh provides a special service twice a week.
The peak parking times in Rolvenden village centre are mornings and mid-afternoons (during school term time) and evenings. In part this is a reflection of the catchment area for the primary school. The Thursday morning village markets, weddings, funerals and other various social activities in the Village Hall generate a demand for parking greater than the spaces available. In addition, there is limited off street parking to serve the Sparkeswood Avenue and Gatefield estates which results in on street parking along the narrow highway.
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Map 2 - Problem Parking Areas
Farms, as well as businesses in converted rural buildings, are located away from the centre and rely on road systems around the Parish which remain practically unchanged since early settlement days. It is important that such enterprises can be safely accessed without the erosion of traditional lanes which are important to the landscape character of the area.
The interlinking network of paths within Rolvenden and Rolvenden Layne and into the countryside is an important asset for non-car users and for informal leisure.
14 Page 176 Section 3: The Vision for Rolvenden:
Our vision for Rolvenden Parish is to continue to thrive by meeting identified local housing needs, sustaining the local economy and enhancing the strong social fabric whilst preserving the distinctive heritage and village character together with the natural beauty of the surrounding landscape.
Section 4: Rolvenden Neighbourhood Plan Strategy
Rolvenden has continued to thrive by adapting and evolving since Saxon times. Necessary development to provide new homes, businesses and community facilities for the Parish will continue to come forward. The Neighbourhood Plan is looking to ensure that development needed to sustain the Parish is of an appropriate scale and is well located and well designed to respond to the distinctive local character. All plans should be based on, and reflect, the presumption in favour of sustainable development, and take account of the NPPF with clear policies that will guide how the presumption should be applied locally. The national planning policy background to each of the Neighbourhood Plan topics is set out in the relevant sections of the Plan. The Neighbourhood Plan must be in general conformity with the strategic policies of the adopted Ashford Local Plan 2030 which provides a relevant planning context. The Ashford Borough Local Plan 2030 does not allocate strategic sites within the Neighbourhood Plan area but notes that Rolvenden Parish Council is committed to allocating land for 24 dwellings in the Neighbourhood Plan.
National planning policies state that great weight should be given to conserving and enhancing the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty and protecting and enhancing the rich heritage assets of the Parish and their setting.
Coinciding with the restraint sought by national policies, local surveys have revealed limited local need for additional housing development. Built-up confines are defined for both Rolvenden and Rolvenden Layne using a consistent set of principles (Rolvenden and Rolvenden Layne Built-Up Confines, 2018) and are shown on Maps 3 and 4 below.
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Map 3 – Rolvenden Built-Up Confines
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Map 4 – Rolvenden Layne Built-Up Confines
The planning strategy for Rolvenden and Rolvenden Layne is to focus well designed development within the defined built-up confines and generally to limit development in the countryside in order to conserve and enhance the High Weald Area of Outstanding Natural Beauty; preserve and enhance the character of the village Conservation Areas and their setting and to protect views from public areas, formal and informal recreational amenities as well as biodiversity. Rolvenden is served by a number of day to day services such as a primary school; shops; public houses; community buildings and recreation space. Two small scale housing sites are allocated in the village and there may be scope for development at the periphery of the village in line with Policy RNP4 (which aligns with Policy HOU5 of the adopted Local Plan 2030). In judging the suitability of development beyond the built-up confines, great weight will be given to conserving and enhancing the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty and the tranquillity of the countryside and preserving and enhancing the landscape character of the Conservation Area and its setting. Other than the recreation ground, Rolvenden Layne has no day to day services. The village is served by poor public transport, is located over 1.5km from facilities at Rolvenden and is connected by a steep road and footpath which restricts pedestrian and cycle links. For these reasons, a single small housing allocation is made in Rolvenden Layne and there is no capacity for further expansion beyond the village boundary other than to provide for affordable housing where justified by local need; rural worker accommodation; use of a heritage asset; re-use of redundant or disused buildings; development that is exceptional quality or innovative design or a replacement dwelling provided certain criteria are met.
17 Page 179 Importantly, local housing need is focused on smaller (1 and 2 bedroom) dwellings and affordable housing and the Neighbourhood Plan seeks to enable development which helps meet this need. The Plan accepts development within the countryside to serve local employment needs by permitting conversions of suitable rural buildings for business or tourist uses and enabling the expansion of existing business premises. The Neighbourhood Plan recognises the important community networks in Rolvenden Parish and seeks to protect the social and economic hub of Rolvenden High Street and Regent Street at the village centre together with other community facilities and open spaces which are important to the social fabric of the Parish. This Neighbourhood Plan has been discussed with the infrastructure providers to ensure that the proposed development can be supported by sufficient infrastructure to ensure the quality of life of existing and future residents. Any development permitted will be expected to ensure provision of the necessary social, physical and green infrastructure needed to support the proposed development.
18 Page 180 Section 5: Neighbourhood Plan Policies
Environment
Objectives To preserve and enhance the heritage of the area.
To ensure development is well designed and reflects the heritage and distinctive character of the different areas of Rolvenden.
To protect and enhance the natural beauty of the High Weald landscape and the setting of Rolvenden and Rolvenden Layne.
To protect Local Green Spaces within Rolvenden and Rolvenden Layne.
To maintain the distinctive locally valued views and visual connectivity of the villages with the surrounding countryside.
Environment Policies
High Quality Design
The NPPF states that good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. Good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities. Sustainable development involves achieving positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, including replacing poor design with better design. The NPPF states that planning policies and decisions should aim to ensure that developments respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation. The NPPF encourages the development of design policies with local communities so they reflect local aspirations and are grounded in an understanding and evaluation of each area’s defining characteristics. The NPPF states that Neighbourhood Plans can play an important role in identifying the special qualities of each area and explaining how this should be reflected in development.
Distinctive Character Areas and Approaches
Ashford Borough Council’s adopted Local Plan SP6 - Promoting High Quality Design attaches great importance to the quality of design in new development including demonstrating a positive response to design policy, including local design guidance in relevant Neighbourhood Plans. 19 Page 181
The ‘character of an area’ is often mentioned in the context of considering development proposals. What is often missing is a clear identification of, and agreement about, the locally distinctive features of an area that give it character that should be given careful regard in considering proposals for development. The Neighbourhood Plan can play an important role in identifying the special qualities of each area and explaining how this should be reflected in development. For this purpose, the Neighbourhood Plan identifies areas of distinctive character within the built-up confines of Rolvenden (see Map 5 below) and Rolvenden Layne (see Map 6 below) and the associated approaches to the villages.
Through evaluation, there is a good understanding of the distinctive characteristics of each of the character areas. Buildings of Note are also identified where the use, mass, scale, design and visual prominence of a building mean that it plays an important role in the character of an area. Whilst some Buildings of Note are listed buildings, others are not, but the Neighbourhood Plan would seek to protect all such buildings.
Generally, the Character Areas are in good condition but a limited number of features which detract from the character have been noted. Proposed enhancements are also identified which may be achieved directly, or through contributions from, development. All development will add pressure on the social and economic hub of the High Street and Regent Street Character Areas and it is important that development contributes to environmental mitigation measures. Contributions will be sought from development towards environmental enhancements within these two character areas as set out in Appendix 1.
Appendix 1 of the Neighbourhood Plan sets out the distinctive character; Buildings of Note; detractors and proposed enhancements for each separate character area within the villages.
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Map 5 - Rolvenden Character Areas 21 Page 183
Map 6 - Rolvenden Layne Character Areas
Heritage
The historic centres of both Rolvenden and Rolvenden Layne are designated as Conservation Areas as shown on Maps 5 and 6 above. Each Conservation Area comprises areas of different character and extends into the surrounding countryside. The Planning (Listed Buildings and Conservation Areas) Act 1990 empowers the local authority to pay particular attention to proposed development within, and affecting the setting of, a Conservation Area and gives greater control over such matters as demolition, landscaping and trees, and the display of advertisements. In the absence of a Conservation Area Appraisal and Management Plan for either of the Conservation Areas, the special character of these designated areas can be derived from Appendix 1.
The NPPF also seeks the protection of the character and setting of listed buildings and Conservation Areas. Historic England’s register shows 147 listed buildings (including one grade I and seven grade II*). There is a high incidence of listed buildings within the Conservation Areas.
The medieval moated site and adjacent hythe, Lowden Farm (off the Wittersham approach south of Rolvenden Layne) is a scheduled monument. The site comprises a regular square moat and island together with an adjoining fishpond, a nearby building platform surviving as an earthwork and a small rectangular harbour or hythe. The latter feature signifies the closeness of the moated site when it was built to the navigable waters of the Rother levels.
22 Page 184 The Lutyens-designed garden at Great Maytham to the south of Rolvenden immediately to the east of the approach from Rolvenden Layne is designated by Historic England as a Grade 2 Registered Historic Park and Garden.
In addition, there are areas known to be of archaeological interest and areas with archaeological potential around the parish church; an extensive area to the south of the Rolvenden built-up confines between the Newenden and Layne approaches and immediately to the east of Rolvenden Layne built-up confines around Frensham Manor.
These designated heritage assets provide an important context for new development.
Landscape
The Parish of Rolvenden is situated almost entirely within the High Weald Area of Outstanding Natural Beauty (AONB) – see Map 1 above. The NPPF states that great weight should be given to conserving the landscape and scenic beauty of Areas of Outstanding Natural Beauty, which have the highest status of protection. The AONB Management Plan seeks to ensure that the natural beauty, special character and the vitality of its communities are recognised, maintained and strengthened. The landscape forms a backdrop which contributes to the attraction of Rolvenden Parish as a place to live and visit and plays a vital role in maintaining the health and wellbeing of the population. Any development must protect and, where appropriate, enhance the Public Rights of Way network within the Plan area. Without careful planning, the distinctive character and sensitive landscape would be under threat from development of an inappropriate scale, location or design. Any development must be well integrated into the landscape for example through the use of existing and new landscape buffers.
Policy RNP1 - Design of New Development and Conservation
New development in accordance with the Neighbourhood Plan will be supported where it: a) Is designed to a high quality which responds to the heritage and distinctive characteristics of the individual area of Rolvenden and Rolvenden Layne and the associated approaches in which it is located, as defined in Appendix 1 by way of: i. height, form, layout, orientation, materials, fenestration and boundary treatment; ii the scale, design and materials of the public realm (highways, footways, open space and landscape); b) Protects and enhances heritage assets and their setting (including Buildings of Note as set out in Appendix 1) and, where appropriate, contributes to enhancement measures as set out in Appendix 1; c) Protects and sensitively incorporates landscape features such as trees, hedges and ponds within the site; d) Is well integrated into the landscape; and e) Protects and, where appropriate, secures enhancements to the Public Rights of Way network within the Plan area through developer contributions in accordance with Policy RNP17.
23 Page 185 Monitoring Indicators Targets Number of applications to which Parish No applications to which Parish Council have Council have objections to the design of objections to the design of development. development.
Areas of Local Green Spaces
One of the distinctive features of Rolvenden and Rolvenden Layne identified in resident surveys undertaken for the Neighbourhood Plan and the Character Area Assessments is the importance of open spaces within the built-up confines of the villages.
Local communities are able to identify for special protection green areas of particular importance to them through Neighbourhood Plans. Designating Local Green Spaces in a Neighbourhood Plan rules out new development on these sites other than in very special circumstances.
The Local Green Spaces identified in the Neighbourhood Plan are relatively small but, being within the built-up confines of Rolvenden and Rolvenden Layne, all are in close proximity to the community they serve.
The areas are important for a number of sometimes overlapping reasons which are outlined below:
Open Spaces of Historic Importance The relationship of buildings and open spaces within Conservation Areas is important in creating their special character and in some cases in contributing to the setting of listed buildings.
Open Spaces contributing to the character of an area Open spaces can play an important role in creating the distinctive character of an area which is not designated as a heritage asset.
Open Space of Local Visual Amenity Value A number of open spaces within the built-up confines provide important visual amenity.
Recreational Value Most open spaces act as informal recreational amenity space to the adjoining residential development. St Mary’s Churchyard and the pond area provide more tranquil spaces.
Wildlife Value St Mary’s Churchyard is a designate Local Wildlife Site.
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The reasons that each local open space is special to the local community and is of particular local significance are summarised in the Local Green Space Assessment, 2018. The sites are listed below and their location is identified on Maps 7 and 8 - below.
LGS Local Green Space Description Ref No. ROLVENDEN 1 High Street, east side. Green Verge, containing Village Pump and Telephone box 2 High Street, east side. Wide green in front of Nos. 1-23 running north from c/o Maytham Rd 3 Maytham Road, north side. St Mary's Green running form c/o High St to Sparkeswood Avenue 4 Sparkeswood Avenue, east and west. All green areas on both sides of road, including the Pond 5 High Street, east side. Green outside Tanyard Flats 6 Hastings Road, east side. Green around the War Memorial 7 Maytham Road junction with Sparkeswood, north east corner. Corner seating area adjacent Village Hall 8 St Mary’s Churchyard
ROLVENDEN LAYNE 9 Frogs Lane / Maytham Road junction, west side. Green area in front of Oakfield 10 Frogs Lane / Maytham Road. Triangle of grass at road junction
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Map 7 – Local Green Spaces – Rolvenden
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Map 8 – Local Green Spaces – Rolvenden Layne
Policy RNP2 – Protection of Local Green Space within the Built-Up Confines
Proposals for development on land designated Local Green Space within the built-up confines, as defined on Maps 7 and 8, will not be supported except in very special circumstances where it can clearly be demonstrated that the development would not be inappropriate and would not be in conflict with retaining the open green character of the designated space.
Monitoring Indicators Targets Amount of Local Green Space lost. No Local Green Space lost.
27 Page 189 Countryside outside the Built-Up Confines
Landscape
Rolvenden Parish covers an extensive rural area. The landscape forms an intrinsic part of the character and setting of the villages and provides informal and formal recreational opportunities for the community and visitors alike. The immediate landscape setting of Rolvenden and Rolvenden Layne forms part of the designated Conservation Areas and their setting. In addition, the landscape forms part of the tourism offer in the area which is vital for sustaining current business and economic ventures.
Almost all of the Parish lies within the High Weald Area of Outstanding Natural Beauty.
The area sits within the Cranbrook: Kentish High Weald (Landscape Assessment of Kent, Kent County Council, 2004). The strategic landscape assessment states that Kent is known as the Garden of England and the Kentish High Weald plays an important part in this tradition. The assessment states that this is a richly textured landscape, where the angular patterns of the orchard and hop garden contrast with smooth sweeps of arable or intensively grazed pasture, set within a framework of dense shaws, thick hedges and stretches of broad-leaved woodland. According to the assessment, the characteristic charm of this area is in the jumble of little lanes and strips of coppice woodland, interspersed with roughly grazed meadows and small orchards. The assessment specifically identifies extensive views south over the Rother valley towards Rolvenden; elegant areas of parkland, such as Hole Park and the skyline dominated by West Cross windmill. Functionally, the area performs relatively well - heritage landscape and built features are widespread and have a positive impact, although woodland and hedgerow are declining as their role in the farmed landscape becomes less important.
Ancient Woodland
The Parish contains significant blocks of ancient woodland as well as a number of veteran trees which contribute to the character of the countryside and in particular to two of the southern approaches to Rolvenden and the north western approach to Rolvenden Layne - shown shaded green on Map 9 below. The woodland provides part of the setting of the Conservation Areas in each village - shown as red hatched areas on Map 9. The NPPF states that planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland and that these areas should be protected.
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Map 9 – Ancient Woodland (green shaded areas)
Rural Lanes There has been very little change in the historic routeways within the Parish to those of today (Map 10). The Parish possesses a rich heritage of attractive historic lanes, often enclosed by hedges or trees, which contribute significantly to the distinctive character of the countryside whilst also providing natural habitats.
Map 10 - Historic routeways
29 Page 191 Important Public Views
It is recognised that there are a significant number of views across the beautiful High Weald Area of Outstanding Natural Beauty which covers most of the parish. It is impossible to list them all. Rather, it is important to protect and enhance the character and natural beauty of the countryside more generally whilst protecting the footpaths which allow access to it. Thus, the focus of the Important Public Views is on those views of, and from, the villages which contribute to local character and amenity.
One of the distinctive features of Rolvenden and Rolvenden Layne is the visual connectivity with the surrounding countryside from public places. These views play an important role in defining the distinctive character of the villages and the designated Conservation Areas. Residents are keen to retain the important views identified in the Rolvenden Important Public Views Assessment. All the views fall into two principal groups:
Those views looking outwards from the built-up confines which contribute to the distinctive character and/or heritage of the two villages, and
Those views looking towards the villages at landmark features which contribute to the distinctive character and/or heritage of the village approach and setting
Ref. Views from Villages towards Countryside - Description
V1 From Gatefield cottages development, A28, looking north-east, view of Tenterden church, St Michaels' church and skyline
V2 From land adjoining Redwood on A28 - looking south-east across the public footpath, view of Sparkeswood Gill (ancient woodland) and open countryside beyond
V3 From Regents St - looking north-east, view across the cricket pitch and open countryside beyond
V4 From the School Field footpath - looking north-west, view of the Windmill
V5 From the footpath gate at SE corner of the Churchyard - looking south, view of and across the Parkland of Gt Maytham Hall
V6 From footpath at rear of Coveneys - looking north, view of open countryside and Winser and Rawlinson Ghylls (both ancient woodland)
V7 From Pix's Lane - looking north-east, view of open countryside and the churches in Tenterden and St. Michaels
V8 From recreation ground, Rolvenden Layne - looking south, view of open countryside and rising ground towards Newenden, Northiam and Fairlight
30 Page 192 Ref. Views from Countryside towards Villages - Description
V9 From Benenden Rd - looking east, view of the listed Windmill
V10 Benenden Rd from Dawsons - looking south-east, view along footpath of St Mary's Church and High Street roofscape
V11 From Benenden Rd - looking south, view of ancient woodland and open views to Newenden Ridge
Maps 11 and 12 (below) show the locations at the edge of the village where there is direct visual connectivity with the countryside
Map 11 – Important Views at Rolvenden
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Map 12 - Important View at Rolvenden Layne
Development in the Countryside The planning strategy for the Parish is generally to focus development within the defined built-up confines of Rolvenden and Rolvenden Layne and generally to limit development in the countryside in order to conserve and enhance the High Weald Area of Outstanding Natural Beauty; preserve and enhance the designated Conservation Areas and their setting and protect views from public areas; formal and informal recreational amenities as well as biodiversity. This does not mean that all development within the countryside should be prevented and policies in the Neighbourhood Plan recognise that there may be potential for the following types of development provided certain criteria are met: Policy RNP4 - Residential development on the periphery of Rolvenden built-up confines Local Needs Affordable Housing adjoining the built-up confines of Rolvenden and Rolvenden Layne as ‘exceptions’ to policies restraining housing development through Policy HOU2 of the adopted Ashford Local Plan, 2030 Policy RNP10 - Retention, intensification and regeneration of existing business sites Policy RNP11 - Conversion of rural buildings to business use; tourist accommodation or tourist attraction Policy RNP14 - Multi-Sports Pavilion Nevertheless, the Neighbourhood Plan seeks to protect the designated countryside from inappropriate development and to ensure that, where development is appropriate, it conserves and enhances the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty and distinctive, locally important characteristics.
32 Page 194 Policy RNP3 – Conserve and Enhance the Countryside
Outside of the built-up confines of Rolvenden and Rolvenden Layne, as defined in Maps 3 and 4, the countryside will be protected from inappropriate development. A proposal for development will only be supported where: a) It would conserve and enhance the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty and the tranquillity of the countryside, and would have regard to the High Weald AONB Management Plan, b) It would maintain the distinctive views from public vantage points within, and adjacent to, the built-up confines, in particular those defined on Maps 11 and 12, c) It would protect and, where possible, enhance ancient woodland, and d) It would not result in unsympathetic change to the character of a rural lane which is of historic, landscape or nature conservation value.
Residential development on the periphery of the built-up confines of Rolvenden
The adopted Local Plan anticipates Rolvenden playing a minor role in meeting the Borough’s housing needs through development of a scale that can be satisfactorily integrated into the existing settlement and non-strategic allocations. In addition, Policy HOU5 of the Ashford Local Plan 2030 sets out the potential for new residential development at the edge of Rolvenden provided certain criteria are met. In considering development on the periphery of villages neighbourhood plans have the role of setting detailed boundaries and defining the policy terminology in a local context.
The Neighbourhood Plan defines the built-up confines for Rolvenden. The village is surrounded by countryside which is designated as part of the High Weald Area of Outstanding Natural Beauty where the NPPF states that great weight should be given to conserving and enhancing landscape and scenic beauty. Ashford Local Plan 2030 Policy ENV3b – Landscape Character and Design in the AONB reiterates this policy and only permits development which would enhance the special qualities, distinctive character and tranquillity of the AONB and have regard to the relevant AONB management plan. Planning permission should be refused for major developments in these designated areas other than in exceptional circumstances.
In considering the impact of proposed development on the significance of the Rolvenden Conservation Area, great weight should be given to the asset’s conservation in accordance with the NPPF. Ashford Local Plan 2030 Policy ENV14 also requires development within Conservation Areas to preserve or enhance the character and appearance of the area and its setting.
There are a number of distinctive views from public vantage points within, and adjacent to, the built-up confines of Rolvenden, in particular those defined on Map 11, and these should be maintained in accordance with Policy RNP3. Similarly, an extensive area of ancient
33 Page 195 woodland extends to the south of Rolvenden and the north west of Rolvenden Layne which should be protected in accordance with Policy RNP3.
Major development would be likely to have a significant adverse effect on the nationally and locally important environmental constraints.
Local Plan Policy HOU5 also states that in determining the acceptability of development at the periphery of a settlement, the scale of the proposal should be proportionate to the size of the settlement and the level, type and quality of day to day service provision currently available and their capacity to absorb development (in addition to any development currently committed). Rolvenden is a relatively small settlement which provides a number of day to day facilities such as convenience shop, post office, primary school and community hall. Nevertheless, the village does not provide a wide range of services, including public transport, and locating large scale development at the fringe of Rolvenden would result in increased car journeys.
In order to be considered sustainable development which is acceptable on the periphery of Rolvenden, any development is likely to be limited in scale given the environmental constraints beyond the built-up confines; the strategic role of Rolvenden in meeting housing needs in the adopted Local Plan; the existing scale of the village and the level of service provision. Development should also be designed to a high quality in compliance with Policy RNP1.
Policy RNP4 – Residential development on the periphery of Rolvenden Built-Up Confines
In considering proposals for residential development in the countryside on the periphery of Rolvenden outside of the built-up confines, as defined in Map 3, great weight will be given to conserving and enhancing the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty and preserving and enhancing the landscape character of the designated Rolvenden Conservation Area and its setting.
A proposal for development will only be supported where: a) It would demonstrate that it is justifiable within the context of the national level of protection, and b) It would enhance the distinctive quality of the landscape and would have regard to the High Weald AONB Management Plan.
Protecting and Enhancing the Countryside outside the built-up confines of Rolvenden Layne
The Neighbourhood Plan defines the built-up confines for Rolvenden Layne. Whilst development within the built-up confines of Rolvenden Layne is permitted, the hamlet lacks basic day to day facilities and the Ashford Local Plan 2030 does not enable residential development at the edge of the built up area with the exception of Local Needs housing (Policy HOU2) and rural worker accommodation, use of a heritage asset, re-use of
34 Page 196 redundant or disused buildings, development that is exceptional quality or innovative design or a replacement dwelling (Policy HOU7) provided a number of criteria are met.
The countryside surrounding the built up area is entirely within the High Weald Area of Outstanding Natural Beauty and is either within the Rolvenden Layne Conservation Area or forms part of its setting. Ancient woodland is located to the north west of the hamlet and should be protected. It is also important to retain the recreation ground and the view across it to the south-east of the village (Map 12).
For these reasons, residential proposals outside the defined built up area of Rolvenden Layne would not be considered to represent sustainable development and will not generally be supported.
Policy RNP5 – Residential development on the periphery of Rolvenden Layne Built-Up Confines
Residential development will not generally be supported on the periphery of Rolvenden Layne outside of the built-up confines, as defined in Map 4.
Monitoring Indicators Targets
Views No loss of identified views as a result of development.
No loss of ancient woodland as a result of Ancient woodland development.
No deterioration in a rural lane of historic, Rural lanes of historic, landscape or nature landscape or nature conservation importance conservation importance due to development. Landscape and scenic beauty of the High No deterioration in the landscape and scenic Weald Area of Outstanding Natural Beauty beauty of the High Weald Area of Outstanding and the tranquillity of the countryside. Natural Beauty and the tranquillity of the countryside through inappropriate development.
Development on the periphery of Rolvenden No development on the periphery of Rolvenden built-up confines built-up confines which does not conserve and enhance the landscape and scenic beauty of
the High Weald Area of Outstanding Natural Beauty and preserving and enhancing the landscape character of the designated Rolvenden Conservation Area and its setting.
Development on the periphery of Rolvenden No development on the periphery of Rolvenden Layne built-up confines Layne built-up confines unless Local Needs housing and rural worker accommodation, use of a heritage asset, re-use of redundant or disused buildings, development that is exceptional quality or innovative design or a replacement dwelling.
35 Page 197 Housing
Objectives To facilitate local people to stay in the Parish by enabling an additional supply and mix of housing which meets the needs of the Parish within the identified environmental constraints.
To increase the supply of smaller and affordable homes.
To make the best and effective use of brownfield sites and allocate small scale greenfield sites which are well related to Rolvenden and Rolvenden Layne and their services and well integrated with the High Weald AONB.
Housing Policies:
Rolvenden Housing Stock
Table 1 - Rolvenden housing stock shows a total of 699 dwellings in Rolvenden Parish in 2011. There were 7 completions between 2011 and March 2017, taking the total of households to 706. The majority of households are owner occupied with a sizeable rented sector, mostly from the local authority.
Table 1 - Rolvenden housing stock
Tenure Number in Percentage Parish (%) Owner occupied households 444 68.1 - Owns outright 281 - Owns with a mortgage or loan 163 Shared ownership 4 0.6 Rented households 190 29.1 - Rented from a local authority 103 - Rented from a housing association 10 - Privately rented 61 - Other rented 16 Living rent free 14 2.1 Source: 2011 Census
The Local Housing Needs Survey, 2015 revealed a predominance of family housing with almost 45% households living in 3 bedroom homes and just over 30% in houses of 4+ bedrooms. Over 25% households live in 1 or 2 bedroom homes.
Housing Requirement
Whilst neighbourhoods should develop plans that support the strategic development needs set out in adopted Local Plans in accordance with the NPPF, specific policies in the
36 Page 198 Framework indicate development should be restricted such as the need to conserve and enhance landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty. The adopted Ashford Local Plan 2030 has no strategic housing requirement for Rolvenden. There is therefore no strategic housing need to be met within the Plan area.
In order to establish whether there is any local need for housing within the Parish, the Parish Council undertook a Local Housing Needs Survey, 2015. Table 2 below illustrates the needs of those who confirmed a need to move to meet housing needs in the next 10-15 years.
Table 2: Households needing to move to meet housing needs in the next 10 -15 yrs
Affordable Market Housing Total Requirement Housing YES 24 14 38 Source: Rolvenden Local Housing Needs Survey, 2015
The Ashford Borough Council Housing Waiting List, April 2017, comprises 22 households and broadly confirms the need for affordable housing.
Households were also asked whether they may need to move to meet their housing need. Whilst a much less accurate prediction of need, this category revealed a potential need from a further 60 households, 8 potentially needing affordable housing and 52 potentially needing market housing.
Housing Supply
Housing Completions
The Neighbourhood Plan period is from 2013 – 2030. There were 5 housing completions in the years 2013/14 to 2017/18 and therefore these form part of the Plan’s housing land supply. The Ashford Local Plan sets a Borough-wide housing target for the period 2011 – 2030. There were 7 housing completions in Rolvenden Parish in the years 2011/12 to 2017/18.
Sites with Planning Permission
Rolvenden Parish had extant planning consents for 42 dwellings at 31 March 2018. This comprised 40 dwellings, including 14 affordable homes, at Halden Fields, Rolvenden allocated in the Tenterden and Rural Sites DPD and two further dwellings on small sites.
Windfall Sites
Small scale housing development, such as infilling; redevelopment or conversion, is expected to continue to come forward within the Rolvenden and Rolvenden Layne built-up confines subject to meeting the policies of the Neighbourhood Plan. Policy RNP4 may also enable windfall development on the periphery of Rolvenden subject to policies in the Neighbourhood Plan being met. Residential extensions will also come forward during the plan period but will not add to the overall number of dwellings in the Parish. 37 Page 199
Such development should be designed to a high quality and respond to the heritage and distinctive characteristics of the individual area of Rolvenden and Rolvenden Layne and the associated approaches in which it is located, as defined in Appendix 1 in accordance with Policy RNP1.
Similarly, development should protect and sensitively incorporate landscape features such as trees, hedges and ponds within the site.
Development within the Rolvenden and Rolvenden Layne built-up confines should protect Local Green Spaces in accordance with Policy RNP2.
Proposals should maintain the distinctive views from public vantage points within, and adjacent to, the built-up confines, in particular those defined on Maps 11 and 12 in accordance with Policy RNP3.
Development within the Rolvenden and Rolvenden Layne built-up confines should not result in the loss of an existing village shop, public house, business site, recreation and leisure open space or community building in accordance with Policies RNP9; RNP10; RNP12 and RNP13.
Policy RNP6 – Small scale residential development within the built-up confines of Rolvenden and Rolvenden Layne
Proposals for small scale residential development within the built-up confines of Rolvenden and Rolvenden Layne, as defined in Maps 3 and 4 respectively, will be supported, where such proposals do not conflict with other policies in the Plan. Development proposals should be designed to a high quality and respond to the heritage and distinctive characteristics of Rolvenden and Rolvenden Layne. Proposals should also seek to protect important landscape features, such as trees, hedges and ponds, within a development site
Over the past 13 years, windfall sites have made a contribution towards the housing land supply in the Neighbourhood Plan area. A total of 25 dwellings have been completed over this period at an average of 1.9 dwellings per annum. Since sites below 0.2ha are not allocated in the Neighbourhood Plan, it is reasonable to expect a contribution of windfall sites during the Plan period from 2021/22. Prior to this date there is a risk of double counting the windfall sites with planning permissions and these early years have therefore been excluded. An estimate of 2 dwellings per annum on windfall sites is included for the period 2021/22 – 2029/30 giving a total contribution of 18 dwellings over the Plan period.
Housing Allocations
In broad terms, the committed housing supply of 65 dwellings should meet the identified need for 38 additional dwellings. This also provides scope to meet the need of approximately half of those identifying that they may need to move to meet their housing need within the next 10 – 15 years.
38 Page 200 In planning positively to help accommodate identified local housing need within the environmental limitations of the Plan area (particularly from younger families and older downsizing households), the Parish Council has agreed to allocate three small scale housing sites.
The Rolvenden Potential Housing Development Site Assessment, 2017 appraises a range of sites put forward by landowners for their suitability, availability and achievability. Only sites of at least 0.2 hectares were considered as potential allocations as other smaller sites can come forward as windfall sites in accordance with Policy RNP1 – Design of New Development and Conservation.
Neighbourhood planning groups are urged to consider the opportunities for allocating small and medium-sized sites suitable for housing in their area. The assessment identifies three small scale sites which are potentially suitable for housing development during the Plan period.
Sites have been carefully assessed against specific policies in the NPPF which indicate development should be restricted. The NPPF encourages the effective use of land by reusing land that has been previously developed (brownfield land). The NPPF also advises neighbourhood plans to consider allocating small and medium-sized sites of no larger than one hectare which are suitable for housing in their area. One small brownfield site at the centre of Rolvenden is suitable for housing development. In addition, one small greenfield site has been identified as an allocation for housing development at the edge of both Rolvenden and Rolvenden Layne.
Site Approximate No. of Dwellings Cornex Garage Site, High Street, Rolvenden 10 Land to rear of Redwood, Tenterden Road, 10 Rolvenden Kingsgate Corner, Maytham Road / 4 Frensham Road, Rolvenden Layne Total 24
39 Page 201
Cornex Garage Site, High Street, Rolvenden
Map 13 - Cornex Garage Site, High Street, Rolvenden
The Cornex Garage site comprises a single storey 1960’s plain brick building with an asbestos cement roof and cracked concrete forecourt. Behind this, visible from the road, are two curved corrugated iron and cement storage structures along with a block of 1960’s standard concrete garages some of which are used for storage and others as garages. The Character Area Assessment notes that the current buildings do not respond well to the context of the Rolvenden Conservation Area or the adjoining listed buildings. Redevelopment of the site brings an opportunity to enhance this part of the Conservation Area and the setting of listed buildings.
In accordance with Policy RNP1, new development should respond to the heritage assets and the distinctive characteristics of the High Street Character Area. In particular, within the tight grain of the surrounding built form, small scale dwellings of generally two storeys in height using traditional materials (including white weatherboarding) would be suitable. Development should follow the regular frontage building line set on, or close to, the back edge of pavement. In order to make effective use of this brownfield site, development would also be appropriate to the rear of the site. Given the limited parking available in the High Street, well-screened off street parking should be provided within the development. In accordance with Policy RNP15, the redevelopment of the site should not result in an overall loss of residential garages or parking spaces. The central location and scale of development make this an ideal site for small dwellings suitable for younger families and older downsizing households. The site is located amongst village facilities and a café or shop use, for which 40 Page 202 there is local support, within the ground floor of one of the buildings is encouraged. The site would have capacity for approximately 10 small dwellings.
Land to rear of Redwood, Tenterden Road, Rolvenden
Map 14 - Land to rear of Redwood, Tenterden Road, Rolvenden
Land to the rear of Redwood comprises a small scale greenfield site to the rear of a modern detached dwelling and garden. The site is screened from the road by the existing dwelling (Redwood) and from the west and south by a strong landscape belt.
In accordance with Policy RNP1, new development should respond to the distinctive characteristics of the Gatefield Character Area and should protect and enhance the existing natural features including the mature treed boundaries. Development at this edge of Rolvenden must be well integrated into the landscape through sensitive designs and by creating new landscape buffers of appropriate semi-natural habitat between the development and the Sparkeswood Gill ancient woodland and to form a strong natural eastern boundary to the site. Access would be provided from Tenterden Road. The public footpath to the east of the site should be retained in accordance with Policy RNP12. The site is reasonably accessible to village facilities and would be suited to small dwellings suitable for younger families and older downsizing households. The site has capacity for approximately 10 dwellings but could also incorporate the modern detached dwelling, Redwood, and garden.
41 Page 203 Kingsgate Corner, Maytham Road / Frensham Road, Rolvenden Layne
Map 15 - Kingsgate Corner, Maytham Road / Frensham Road, Rolvenden Layne
The Kingsgate Corner site is a small enclosed greenfield site bordered by two roads and abutting development to the east and south. Kingsgate Cottage (a Grade 2 listed building) is located to the east of the site and Oakfield cottages and associated trees and green lie to the south. The site lies within the Rolvenden Layne Conservation Area.
In accordance with Policy RNP1, new development should respond to the heritage assets and the distinctive characteristics of the Four Wents Character Area. Limited, small scale development would need to respond well to the context of the Rolvenden Conservation Area and the adjoining listed buildings and retain the existing natural site boundaries and an open character to the corner site. In particular, a limited number of small scale dwellings using traditional materials (such as brick and tile hanging) should face, but be set well back from the road. The dwellings could be arranged in a layout which replicates Oakfield Cottages at this entrance to Rolvenden Layne, or as detached/ semi-detached properties. A single access should be taken from Frensham Road to allow maximum visibility to the west. The site should incorporate adequate parking provision in order to avoid on street parking on, or close to, the Maytham Road / Frensham Road junction. Once again, the small dwellings would suit the identified local need for small dwellings suitable for younger families and older downsizing households. The site would have capacity for approximately 4 small dwellings.
Conclusion
The Neighbourhood Plan allocates these sites for housing development
42 Page 204 Policy RNP7 – Housing Site Allocations
The following sites, as defined on Maps 13 - 15, are identified as potential housing sites suitable for development provided the following development guidance is met:
Policy RNP7 a) Cornex Garage Site, High Street, Rolvenden:
Site Area: 0.2ha. Approximate capacity: 10 dwellings
Development Guidance:
Design and Layout
There is a significant opportunity to enhance the appearance of this site. New development should respond to the heritage assets and the distinctive characteristics of the High Street Character Area as set out in Appendix 1. Development should comprise small scale dwellings of generally two storeys in height using traditional materials (including white weatherboarding). A ground floor café or shop use within one of the buildings is encouraged. Frontage development should enclose the street and follow the regular building line set on, or close to, the back edge of pavement. Access from the High Street to the rear of the site should allow for further small dwellings and well screened parking.
Landscape and Open Space
The landscape boundary to the north should be retained. A habitat survey should be undertaken and satisfactory mitigation incorporated within any proposal.
Access
Vehicular and pedestrian access should be taken from the High Street.
The site should incorporate adequate parking provision in order to avoid on street parking on the High Street.
Policy RNP7 b) Land to rear of Redwood, Tenterden Road, Rolvenden
Site Area: 0.48ha. Approximate capacity: 10 dwellings
Development Guidance:
Design and Layout
New development should respond to the distinctive characteristics of the Gatefield Character Area as set out in Appendix 1. Development should comprise small scale dwellings of generally two storeys in height.
Landscape and Open Space
The existing natural features including the mature treed boundaries to the west and south should be protected and enhanced. A new landscape buffer of appropriate semi-natural
43 Page 205 habitat should be created between the development and the Sparkeswood Gill ancient woodland and to form a strong natural eastern boundary to the site.
Access
Vehicular and pedestrian access should be taken from Tenterden Road.
The site should incorporate adequate parking provision.
The public footpath to the east of the site should be retained in accordance with Policy RNP12.
Policy RNP7 c) Kingsgate Corner, Maytham Road / Frensham Road, Rolvenden Layne
Site Area: 0.26ha. Approximate capacity: 4 dwellings
Development Guidance:
Design and Layout
New development should respond to the heritage assets and the distinctive characteristics of the Four Wents Character Area as set out in Appendix 1. Limited, small scale development would need to respond well to the context of the Rolvenden Layne Conservation Area and the adjoining listed buildings Dwellings using traditional materials (such as brick and tile hanging) should face, but be set well back from, the road. The dwellings could be arranged in a layout which replicated Oakfield Cottages, or as detached/ semi-detached properties.
Landscape and Open Space
The treed and hedged site boundaries should be retained. Open space should be retained on the site frontage to protect the open character at this entrance to the village.
Access
A single vehicular access should be taken from Frensham Road to allow maximum visibility to the west. Pedestrian access could be taken from Maytham Road or Frensham Road.
The site should incorporate adequate parking provision.
Affordable Housing
Most of the identified need for additional affordable housing within 5 years identified in the Rolvenden Housing Needs Survey, 2015, will be met by the current commitment of 14 affordable dwellings at Halden Fields. Further supply is likely to be required to serve the Parish in the medium to longer term.
The adopted Local Plan 2030, Policy HOU1 - Affordable Housing sets the threshold at 10 dwellings or more (and on sites of 0.5 hectares or more) at which affordable housing will be required. Two of the Neighbourhood Plan site allocations would yield affordable housing in accordance with this policy.
44 Page 206 It is intended that the supply of affordable housing will be further increased by turnover of the existing social housing stock (113 dwellings at 2011).
In addition, Policy HOU2 of the adopted Ashford Local Plan, 2030 permits local needs housing adjoining rural Rolvenden and Rolvenden Layne as ‘exceptions’ to policies restraining housing development provided that a number of criteria are met including clear evidence which justifies the local need. A small development of 12 affordable homes was built in 2010 by the English Rural Housing Association on such a site at Glebe Field, Rolvenden and, provided there was clear evidence to justify further affordable provision, a similar site could come forward under such an enabling policy in the future. This would clearly add to the existing commitments to the housing land supply set out below.
Summary of Housing Land Supply
Table 3 - Additional dwellings for the Plan period (2013 – 30) Source Affordable Market Total Completions 2013 - 2016 0 5 5 Planning consents 14 28 42 Neighbourhood Plan Housing Allocations: Cornex Garage, High Street 4 6 10 Land to rear of Redwood, 4 6 10 Tenterden Road Kingsgate Corner, Maytham 0 4 4 Road / Frensham Road Windfall sites 0 18 18 Total 22 67 89
The Rolvenden Neighbourhood Plan aims to deliver approximately 89 additional dwellings for the Plan period (2013 – 30) as set out above. In addition, a further exception site is feasible where there is evidence to justify local need.
Monitoring Indicators Targets Number of new dwellings delivered within the 89 new dwellings (net) over the plan period. Neighbourhood Plan area during the Plan period (net) Number of new dwellings delivered on At least 24 new dwellings on allocated housing sites allocated in the Neighbourhood housing sites. Plan within the Plan period (net)
Dwelling Size
The NPPF states that the size, type and tenure of housing needed for different groups in the community should be assessed and reflected in planning policies. Table 4 (below) illustrates the strong need for 1 and 2 bedroom dwellings of those who stated YES they will need to move in the next 10 – 15 years.
45 Page 207 Table 4: Size of New Homes needed No of Beds Affordable (%*) Market (%*) Total (%*) 1 7 (29%) 3 (21%) 10 (26%) 2 9 (38%) 8 (58%) 17 (45%) 3 5 (21%) 3 (21%) 8 (21%) No preference 3 (12%) - 3 (8%) Total No. units 24 14 38 * as a percentage of total number of units needed in each tenure. Source: Rolvenden Local Housing Needs Survey, 2015
In terms of bedroom numbers needed for those seeking affordable housing, the emphasis on 1 - 2 bedroom dwellings correlates with the figures in Table 5 (below) obtained from Ashford Borough Council's Housing Waiting List.
Table 5: Bedroom Requirements
1 2 3 4 5 6 Total Bedroom Bedroom Bedroom Bedroom Bedroom Bedroom
Rolvenden 12 (55%) 4 (18%) 6 (27%) 0 0 0 22
Source: Ashford Borough Council Housing Waiting List, April 2017
There is remarkable symmetry between the needs of those needing affordable housing and those seeking market housing. The vast majority of need (approximately 70%) is for 1 and 2 bedroom homes in both sectors. This is likely to particularly reflect the needs to set up independently within the affordable housing sector and the downsizing requirements of the aging population within the market sector. The housing site allocations are specifically included to help increase the supply of smaller 1 – 2 bedroom dwellings. The majority of dwellings proposed on allocated sites (ie greater than 50%) should comprise 1 or 2 bedroom dwellings. The allocations are specifically not aimed at larger houses which already comprise the majority of the housing stock and outstanding planning consents in the Parish. Around 25% of households recorded a need for 3 bedroom properties in both sectors and there is virtually no local need identified for new properties with 4 or more bedrooms.
Policy RNP8 – Dwelling Size
Proposals for 1 or 2 bedroom dwellings will be encouraged on residential development including infill sites at Rolvenden and Rolvenden Layne where they would fit well with the character of the area.
Proposals for residential development on Housing Site Allocations identified in Policy RNP7; windfall sites resulting from Policy RNP4 or an ‘exception site’ for local needs affordable housing will be supported if they incorporate a majority of 1 or 2 bedroom dwellings.
Monitoring Indicators Targets Number of 1 or 2 bedroom dwellings built 15 new 1 or 2 bed dwellings built on within the Plan area. allocated sites.
46 Page 208 Local Economy
Objectives
To seek to retain the economic and social hub of Rolvenden village centre and enhance its appearance.
To seek to retain the public house in Rolvenden Layne.
To retain and enable the regeneration of well located existing business sites and promote those with planning permission.
To support new business floorspace, tourist accommodation and tourist attractions, in existing buildings which are well integrated with the High Weald AONB
Local Economy Policies
Village Shops and Public Houses To promote a prosperous rural economy, the NPPF states that Neighbourhood Plans should promote the retention and development of local services and community facilities in villages, such as local shops, meeting places, sports venues, cultural buildings, public houses and places of worship. Policy EMP10 of the adopted Local Plan 2030 resists the loss of shops and services in village centres in certain circumstances and the Neighbourhood Plan identifies the local premises which it seeks to protect in Rolvenden and Rolvenden Layne.
Given the size of the settlements and the proximity of the town of Tenterden, Rolvenden has a range of shops (Use Class A1) which serve the day to day needs of the local community and three public houses (Use Class A4). Together with the Thursday markets, they also serve as attractions to visitors. These businesses are conveniently clustered in Rolvenden High Street and Regent Street at the centre of Rolvenden and are located along the A28 and B2086 where they can also attract passing trade (see Map 16 below). In some cases the shops and public houses occupy listed buildings and more generally contribute significantly to the character of the Conservation Areas. Change of use from small shops (up to 150sqm) to residential use is not permitted development within Conservation Areas.
47 Page 209 1. The Barn Hair Studio 2. The CM Booth Motor Museum and Falstaff Antiques 3. The Bull Inn – Public House 4. Cindy’s Antiques 5. Handmade Frames – picture framers 6. KM Linklaters, Grocery and Convenience Store and Post Office 7. Rolvenden Farmer’s Market (NOT PERMANENT) 8. Rolvenden Village Market (NOT PERMANENT) 9. The Star - Public House 10. JD and RM Walters Antiques and Restoration
Map 16 – location of the shops and public houses in Rolvenden High Street/ Regent Street
There is potential for enhancement of the public realm to complement the village shops and public houses at the centre of Rolvenden and opportunities for funding should be sought in connection with residential development in the Parish.
The Ewe and Lamb public house is the only remaining shop or public house in Rolvenden Layne (see Map 17 below).
This public house is an important asset at the heart of the local community and contributes significantly to the character of the Conservation Area.
Map 17 – location of the public house in Rolvenden Layne (11)
48 Page 210 The contribution made to the economic, social and environmental wellbeing of the villages by the group of existing shops and public houses is recognised. The number of A1 premises enables a range of shops to contribute to the economic viability of the village centre and the tousist offer, whilst helping to sustain the character of listed buildings and the Conservation Area as a whole. Wherever possible, existing shops and public houses should be retained subject to their viability and a genuine and sustained attempt to market the premises on reasonable terms. What constitutes a ‘genuine and sustained attempt to market’ and ‘reasonable terms’ will depend on prevailing market conditions but this should not be less than six months and the terms on offer should compare with other similar premises and locations being let or sold for that purpose. The extent of marketing carried out will be an important factor.
If there is demand, the existing uses should be allowed to extend. If viable, small additional units such as a café should be located close to existing shops and public houses in the High Street/ Regent Street, Rolvenden in order to retain the convenience of the existing cluster of premises; provide the opportunity for linked trips and to increase the time people spend within the centre of Rolvenden. All extensions and alterations and new uses such as a café will be subject to a careful assessment of their impact on the Conservation Area and, where applicable, listed buildings in accordance with Policy RNP1 - Design and Conservation as well as the residential amenity of adjoining residents.
Policy RNP9 – Village Shops and Public Houses a) The loss of existing village shops (Use Class A1) and public houses (Use Class A4) will be resisted unless sufficient evidence is provided to the Council to demonstrate that the operation of the shop or public house is no longer financially viable despite a genuine and sustained attempt to market it on reasonable terms and where there are no other realistic proposals for retail or public house uses on the site. b) Extensions to existing shops and public houses will be supported. c) Proposals for the change of use of premises to shop (A1) or restaurant/ café (A3) will be supported within Rolvenden High Street and Regent Street, Rolvenden.
Monitoring Indicators Targets Number of shops (A1) and public houses No loss of existing shops or public houses (A3) premises in Rolvenden High Street and within in Rolvenden High Street and Regent Regent Street in 2018. Street. Public house in Rolvenden Layne. No loss of public house in Rolvenden Layne.
Existing Business Sites
There are a number of offices and workshops located in the Parish, many within converted rural buildings. These provide the opportunity for local employment within the Parish. The Rolvenden Business Survey, 2015 revealed two larger employers with a staff role of over 20 although most businesses were small and, with the two largest employers discounted, the
49 Page 211 average staff number was 3. Map 18 (below) identifies the location of local business sites which provide the principal business floorspace within the Parish.
Map 18 - Location of principal business sites
50 Page 212
The Borough Council’s Employment Land Review (2008) advised that Local Plan policies should continue to resist the loss of existing employment sites. The Ashford Rural Economic Assessment, 2014 indicates that the overall rural business space requirement to 2030 related to a number of growth scenarios ranged from 54,240sq.m to 81,800sq.m. The majority of this spatial requirement relates to industrial (B1c/B2/B8) uses, although office uses are expected to continue to represent a key driver of demand in the rural part of the Borough. The majority of identified supply is concentrated on a small number of sites in and around the settlements of Rolvenden and Wye (accounting for 67% of all B class permissions between them).These requirements assume that the existing share of rural employment space in Ashford remains unchanged over the plan period.
Ashford Local Plan 2030 Policy EMP2 - Loss or redevelopment of Employment Sites and Premises seeks to prevent the loss of existing employment sites or premises within or adjoining/close to Rolvenden. The presence of businesses is important to the sustainability of Rolvenden Parish and a number of businesses have long term associations with the Parish. Policy RNP10 seeks to retain the supply of local business premises.
The existing business sites may also be suitable for further intensification and regeneration for business uses subject to meeting certain criteria. Given the location of most of the sites within the High Weald Area of Outstanding Natural Beauty, any proposal will need to conserve and enhance the landscape and the tranquillity of the countryside in accordance with Policy RNP3 - Protect and Enhance the Countryside. Sites within the countryside are served by the rural road network which should be able to safely accommodate the type and/or amount of additional traffic that would be generated without any unsympathetic change to the character of a rural lane, in accordance with Policy RNP3. Similarly, because of the width of the roads, sufficient additional parking should be provided on site without the need to spill out onto the rural lane. The location of the site within the High Street, Rolvenden will mean that any proposals will be subject to a careful assessment of their impact on the Conservation Area and listed buildings in accordance with Policy RNP1 - Design and Conservation as well as the residential amenity of adjoining residents.
Policy RNP10 – Retention, intensification and regeneration of existing business sites
The following existing business sites, as identified on Map 18, will be retained in business use unless it can be demonstrated that there is no reasonable prospect of their take up or continued use for business purposes during the Neighbourhood Plan period: Copfield Farm Cherry Garden Farm The Granary, Halden Lane Farm Halden Place (comprising Halden Place Oast; Halden Place Calf Pens and Halden Place Great Barn) Korkers Factory, High Street Maytham Farm Rawlinson Farm Windmill Farm
51 Page 213 Regeneration and intensification will be supported at these sites for business uses provided: a) the amenities of any neighbouring residential occupiers or the tranquillity of the countryside would not be significantly adversely affected; b) the rural road network serving the proposal would be able to accommodate the type and/or amount of traffic that would be generated; and c) sufficient on site parking would be provided for visitors, staff and delivery vehicles
New Business Floorspace
As well as the regeneration and intensification of existing sites, a number of unused and redundant buildings remain within the Parish and, subject to safeguards in relation to traffic generation and amenity, can provide suitable locations for new businesses. The Rolvenden Business Survey, 2015 revealed no significant identified need for additional premises – though with businesses generally optimistic about the future and some expressing a need to move premises in the next 5 years or so, some flexibility in supply will be advantageous in sustaining local enterprises. Commercial agents active in the area indicate reasonable demand for small industrial units in the rural areas along with quite modest demand for small offices with broadband connections.
Ashford Local Plan 2030 Policy EMP4 allows the conversion of rural buildings to employment uses subject to meeting a number of criteria.
Planning permission was granted for the change of use of 5030sqm of the 8120sqm to B2 and B8 Uses at Copfield poultry farm and this provides a suitable opportunity for additional business floorspace in the Plan area.
Monitoring Indicators Targets Number of designated business sites. All designated business sites remain in business use (B1; B2 and B8)
Tourism
According to the Tourism Study, 2017, people visit Rolvenden for a variety of reasons and the surrounding tourist attractions present opportunities for the village. Its position along the main A28 thoroughfare, the attractive countryside designated for its outstanding natural beauty and the much photographed white ‘weather boarded’ houses along the High Street mean that people are attracted to the area.
The area is crossed by a number of public footpaths and the High Weald Landscape Trail long distance footpath passes through both Rolvenden and Rolvenden Layne whilst National Cycle Route 18, which runs from Canterbury to Tunbridge Wells, also passes through the Neighbourhood Plan area bringing tourists to the area.
Tourism helps support local shops, public houses and holiday attractions. Attractions in and around Rolvenden include Sissinghurst Castle Gardens; Great Dixter Gardens; Hole Park 52 Page 214 Garden; Smallhythe Place; Kent and East Sussex Steam Railway which runs from Tenterden to Rolvenden in Kent to Northiam and Bodiam in East Sussex; Bodiam Castle; Rolvenden motor museum; historic churches.
The character, beauty and heritage of the Parish attracts visitors all year round, particularly in the summer and has led to the rise of ancillary accommodation in the form of holiday lets (chalets and cottages), private holiday homes, B&B's and both a glamping and a yurt campsite.
Strengthening, diversifying and consolidating local attractions and the provision of tourist accommodation will encourage visitors to stay, patronise local businesses and create local jobs.
The Ashford Local Plan 2030, Policy EMP4 - Conversions of rural buildings to non- residential uses allows proposals to convert rural buildings to business uses and ‘non- residential tourism’ subject to meeting a number of criteria. The Neighbourhood Plan extends this provision to residential tourist accommodation such as Bed and Breakfast and hotel use.
Policy RNP11 - Conversion of rural buildings to business use, tourist accommodation or tourist attraction
Proposals to convert rural buildings to business use and tourist accommodation or attractions will be supported provided: a) the building does not require complete or substantial reconstruction; b) the building is of a permanent and substantial construction; c) the amenities of any neighbouring residential occupiers or the tranquillity of the countryside would not be significantly adversely affected; d) the rural road network serving the proposal would be able to accommodate the type and/or amount of traffic that would be generated; and e) sufficient on site parking would be provided for visitors, staff and delivery vehicles
Home Working
Of the businesses surveyed for the Business Needs Survey, 2015, by far the largest category of businesses were situated in a home office (38%). It is accepted that people work from home and the recent introduction of fibre optic broadband has increased business possibilities for professionals, service providers and craft workers. Small scale businesses which are incidental to the enjoyment of the home do not require planning permission and this form of employment opportunity will continue to be available over the Plan period.
53 Page 215 Leisure and Wellbeing
Objectives 1. To ensure that sufficient community and leisure facilities are maintained to serve the Parish including new provision in association with new development.
To protect and enhance open spaces used for recreational purposes, including provision of a new multi-sport pavilion at the Rolvenden sports and recreation ground.
To protect the extensive network of footpaths serving the Parish.
Leisure and Wellbeing Policies
Recreation and Leisure Open Space and Public Rights of Way
The NPPF stresses the need to ensure effective planning for open spaces, sport and recreation provision based on robust assessments of the existing and future needs of communities and the retention of accessible open space. In addition, the NPPF states that planning policies should protect and enhance public rights of way and access. Ashford Local Plan Policy COM2 - Recreation, Sport, Play and Open Spaces seeks the retention of existing open space, sports and recreational buildings and land unless certain criteria are met.
There is strong support for, and local participation in, the local sports clubs. There is an extended sports field off Regent Street, Rolvenden which hosts an active tennis club, a highly successful football club and a cricket club which boasts over 100 years of history in Rolvenden. Stool ball is still played by the youth of the Parish every Thursday during the summer on the Rolvenden Layne playing field.
54 Page 216 Map 19 – Recreation and Leisure Open Space
There is one children’s play area in each settlement – situated next to the Cricket Field in Rolvenden and on Rolvenden Layne playing field.
Privately owned allotments are situated along Tenterden Road, Rolvenden and are well used. The Parish Council is expecting to use contributions from the Halden Field development to improve them by laying on a water supply, soil improvements and better linking pathways.
Local areas of amenity open space serve adjoining development, particularly in the High Street and Sparkeswood, Rolvenden and add to the character of these areas. These Local Green Spaces are protected by Policy RNP2.
The Parish has an extensive footpath and bridleway network and the High Weald Landscape Trail long distance footpath passes through both Rolvenden and Rolvenden Layne.
It is important for the health and wellbeing of the local community that that these well used recreation and leisure open spaces and rights of way are protected.
55 Page 217 Map 20 - Public Rights of Way within the Parish.
56 Page 218 Policy RNP12 - Recreation and Leisure Open Space and Public Rights of Way
Recreation and Leisure Open Space, as defined on Map 19, will be retained and, where appropriate, enhanced. Development may exceptionally be supported where replacement provision is made of at least equivalent value to the local community in terms of quantity, quality and location. Existing public rights of way, including those shown on Map 20, will be protected and enhanced.
Monitoring Indicators Targets Amount of Recreation and Leisure Open No net loss of Recreation and Leisure Open Space within the Parish at the start of the Space within the Parish Plan period.
Community Buildings
Rolvenden has a number of excellent facilities within the village for groups needing places to meet (see Map 21 below). Community buildings in the village include the modern village hall which serves a range of groups and accommodates indoor sports; the church; the primary school; the pavilion and the village club which may all be hired for community activities.
57 Page 219
Map 21 – Community Buildings
Ashford Local Plan, 2030, Policy COM1 seeks to resist the loss of community infrastructure. To maintain the social fabric of the Parish and provide for demand coming from new development, the range of existing well used facilities needs to maintained and enhanced.
Policy RNP13 - Retention of Community Buildings
The loss of existing community buildings, as defined on Map 21, will be resisted unless it can be demonstrated that demand within the locality for the facility no longer exists or that suitable alternative provision is made elsewhere.
58 Page 220 Multi-Sports Pavilion
The Parish Council and local sports groups are keen to progress the building of a new multi- sports pavilion together with an area for outdoor adult gym equipment and associated parking within the sports and recreation grounds at Regent Street (see Map 19). The building would be able to provide up to date changing and showering facilities for the existing outdoor sports pitches at Regent Street. The site would be able to serve the existing outdoor sports pitches at Rolvenden whilst being close to the centre of Rolvenden.
Existing financial contributions from development are currently available for recreation facilities and these would require further contributions from the proposed housing development together with other local and national grant schemes.
Development would not affect existing sports pitches or tennis courts and would be required to be sited away from Regent Street to protect the open character and views noted in the Regent Street Character Area (Appendix 1). Development should be designed to fit with the distinctive characteristics of the Regent Street Character Area, as defined in Appendix 1.
Policy RNP14 - Multi-Sports Pavilion
A Multi-Sports Pavilion with an area for outdoor adult gym equipment and associated parking is proposed within the sports and recreation grounds at Regent Street, Rolvenden as defined on Map 19.
Development should not adversely affect existing sports pitches or tennis courts and should protect the open character and views noted in the Regent Street Character Area, as defined in Appendix 1).
Monitoring Indicators Targets Number of community buildings within the No loss of community buildings within the Parish at the start of the Plan period Parish during the Plan period.
59 Page 221 Local Infrastructure
Objectives To ensure that new development is well connected to village facilities by a range of transport modes, including walking and cycling and, where appropriate, makes suitable provision towards new sustainable transport infrastructure.
To ensure sufficient infrastructure capacity in relation to the primary school, community buildings and parking is provided in a timely manner, appropriate to the scale of new development. Local Infrastructure Policies
Schools
Rolvenden has a small pre-school within the village hall and a primary school with its own swimming pool. Homewood School and Sixth Form Centre is nearby in Tenterden and most of Rolvenden lies within the Cranbrook School Catchment Area.
Rolvenden Primary School has 14 places in each year group, giving 98 places overall.
Whilst the Primary School is at capacity, there are four primary schools in the Tenterden Planning area who take Year R (reception) pupils (Rolvenden PS; Tenterden Infant School; Wittersham CE PS and St. Michael’s CE PS). There is an estimated 38% surplus of Year R places in 2017-18 across the four schools.
The 40 dwellings in Tenterden Road are expected to produce 11 primary pupils spread out across the 7 year groups. On average this will be between 1-2 pupils in each year group. It was therefore accepted that there were sufficient primary places to accommodate the impact of the development. A request was made for a financial contribution to enable secondary school expansion.
Presently 54 pupils on the roll of Rolvenden PS (55%) live within two miles of the School, a further 12 pupils live between 2-3 miles of the School. This means that 33 pupils (33%) of the present roll are traveling more than 3 miles to Rolvenden PS. Kent County Council as . Education Authority assume that future reception pupils from the Tenterden Road and other proposed development will access places in Rolvenden PS and that those who would apply from further afield will be allocated places nearer to their homes. There is therefore currently no need to expand Rolvenden Primary School to accommodate the growth proposed in the Neighbourhood Plan.
Health facilities
There are no doctors, dentists, opticians or pharmacies in Rolvenden. The part time doctor’s surgery in the High Street was closed several years ago and the nearest is now in Tenterden. There are concerns that the new housing development at Tenterden will put a strain on the facilities at Ivy Court surgery, Tenterden although it is clearly not within the scope of the Neighbourhood Plan to control development beyond the Parish. 60 Page 222 Multi-Sports Pavilion
The Parish Council and local sports groups are keen to progress the building of a new multi- sports pavilion together with an area for outdoor adult gym equipment and associated parking within the Sports and Recreation Ground, Regent Street as set out in RNP14. New development within the Parish should make a financial contribution to this project.
Off Street Car Parking
The convenience of parking close to Rolvenden’s village High Street amenities is one of the assets offered by the village to residents and visitors alike.
It is important that new development does not exacerbate existing parking problems in Rolvenden High Street and the Sparkeswood Avenue and Gatefield estates. The Neighbourhood Plan aims to ensure new development is accompanied by sufficient off street parking and to resist the loss of residential garages or parking spaces in these areas.
For this reason, parking restrictions and traffic calming measures in the High Street which would restrict parking availability further are not considered feasible options. The number of cars parking in the High Street has the beneficial effect of slowing down traffic contributing to the safety of pedestrians. Parking on green areas or Local Green Spaces in the High Street and on St Mary’s Green is not welcomed and the Parish Council have recently installed wooden posts to restrict vehicular access from the road onto the grass verges and greens.
In accordance with Policy RNP1, applications for additional off street residential parking facilities should not adversely affect the character and appearance of an area.
Policy RNP15 - Off Street Parking
Within areas identified as having insufficient on-street parking facilities, as defined on Map 2, proposals for new development should: a) provide at least the latest adopted parking standards; b) not result in the loss of residential garages or parking spaces; and c) not result in the loss of on-road public parking space through the need for a cross over and/or visibility splay.
Extension to Village Hall Car Park
The Thursday morning village markets, weddings, funerals and other various social activities in the Village Hall generate a demand for parking greater than the spaces available. Adjoining land opportunities to increase parking provision are limited.
The grassed area to the west of the Village Hall, bordering Sparkeswood Avenue (Map 22) has been identified as a location for additional spaces. The proposal may require removal / replacement of part of the mostly beech hedge and removal of at least one non-native tree. Nevertheless, the advantages of further parking in this location are considered to outweigh this impact. The land is owned by Ashford Borough Council and relevant agreements would
61 Page 223 need to be reached and finances for the work secured. New development within the Parish should make a financial contribution to this project.
Map 22 – Location of Village Hall Car Park Extension
Policy RNP16 - Extension to Village Hall Car Park
Land adjoining the Village Hall to the east of Sparkeswood Avenue, as defined in Map 22, is allocated for an extension to village hall car park.
Environmental Enhancements
As environmental enhancement measures are not a land use matter, specific proposals cannot lawfully be proposed in a Neighbourhood Plan. Nevertheless, all development will add pressure on the social and economic hub of the High Street and Regent Street Character Areas (the historic core of Rolvenden Conservation Area) and it is important that development contributes to environmental mitigation measures. Contributions will be sought from development towards environmental enhancements within these two character areas (High Street Character Area (A1) and Regent Street Character Area (A3)) as set out in Appendix 1.
Infrastructure Contributions
The development of sustainable communities requires the provision of a wide range of local facilities and services.
62 Page 224 The Neighbourhood Plan has identified infrastructure requirements needed to support new development and developer contributions will be sought towards the following:
Sustainable transport measures from new development which assist walking and cycling including improved, sympathetically designed signage to link up the network of footpaths and other green spaces Multi-Sports Pavilion Extension to the Village Hall Car Park Conservation Area environmental enhancement measures within the High Street and Regent Street Character Areas as set out in the Character Area Assessment (Appendix 1)
Policy RNP17- Securing Infrastructure
Any development permitted will be expected to ensure provision of the necessary social, physical and green infrastructure needed to support the proposed development, and where relevant the infrastructure identified in the Neighbourhood Plan below through developer contributions, in a timely manner subject to an appropriate assessment of viability:
• Sustainable transport measures from new development which assist walking and cycling including improved, sympathetically designed signage to link up the network of footpaths and other green spaces;
• Multi-Sports Pavilion;
• Extension to the Village Hall Car Park; and
• Conservation Area environmental enhancement measures within the High Street and Regent Street Character Areas as set out in the Character Area Assessment (Appendix 1)
Monitoring Indicators Targets
Infrastructure delivered through developer Infrastructure identified in the contributions, including S106 contributions and Neighbourhood Plan to be delivered by Community Infrastructure Levy. the end of the Plan period.
63 Page 225 Section 6: Monitoring and Review
Effective monitoring is an essential component in achieving sustainable development and sustainable communities. Monitoring provides crucial information to establish what is happening now and whether policies are working.
The Neighbourhood Plan sets out the long-term spatial vision for Rolvenden Parish with agreed objectives and policies to deliver the vision in the period up to 2030. Where relevant, targets are set in the Plan against which the delivery of the policy will be measured. Monitoring will evaluate the progress being made towards delivering the spatial vision and assess the extent to which the policies are being implemented.
Where monitoring shows that progress towards targets is unsatisfactory the Parish Council will review the situation and, where necessary, take remedial action. This may include pro- active measures to bring forward sites for development or action to secure the timely provision of infrastructure.
The adopted Ashford Local Plan, 2030 has recently been adopted but may be reviewed during the Neighbourhood Plan period. A decision whether to revise the Local Plan will be taken no later than five years from its adoption in 2019. It is intended that any revised Local Plan will be adopted by the end of 2025 at the latest. This may have consequences for this Neighbourhood Plan and if necessary it will be formally reviewed.
64 Page 226
Appendix 1
THE CHARACTER AREAS ASSESSMENTS AND VILLAGE APPROACHES
65 Page 227 This page is intentionally left blank Agenda Item 16 Agenda Item No:
Report To: Cabinet
Date of Meeting: 28th November 2019
Report Title: Ashford Borough Council Cemetery Provision; Challenges and Solutions Report Author & Job Title: Joanne Burns, Cemeteries Officer
Portfolio Holder Cllr. Andrew Buchanan Portfolio Holder for: Environment and Land Management
Summary: A recent review of cemetery provision has identified the projected capacity of our cemeteries over the coming years. Based on current demand we have adequate availability of grave space within our cemeteries for the short - medium term future. The borough is however expected to see a rapidly increasing population, particularly in the over-65s demographic with an increasing death rate of +45% between 2017 and 2041 putting increasing demand on our provision of grave spaces.
This report provides details of the challenges being faced along with potential solutions,
Key Decision: YES
Significantly Affected Wards: All wards in the Ashford Borough
Recommendations: The Cabinet is recommended to:-
I. Agree that interment fees are scaled up for non- residents of the borough in accordance with the information in paragraph 45 to protect burial ground for the borough’s residents. II. Agree that delegations are given to the Head of Environment and Land Management in conjunction with the Portfolio Holder to apply discretion where applications are made for interments from families of previous residents of the borough.
Policy Overview: Ashford, as a burial authority has a responsibility (but not a statutory duty) to provide appropriate burial provision for residents of the borough that meets the needs of the boroughs ethnically diverse population.
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Financial None Implications:
Legal Implications: The Local Authorities’ Cemeteries Order 1977
Equalities Impact See Attached Assessment:
Other Material Implications: None
Exempt from No Publication:
Background None Papers:
Contact: [email protected] – Tel: (01233) 330472
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Agenda Item No.
Report Title: Ashford Borough Council Cemetery Provision; Challenges and Solutions
Introduction and Background
1. Although there is no statutory obligation for a local authority to provide burial space for its residents, it is deemed normal practice to do so. Once in place, we have an obligation to maintain cemeteries but we do not have an obligation to provide new sites / provision.
2. This report reflects recent work undertaken to assess the quality, type and available space in our cemeteries. This has been used with population predictions to extrapolate the need for future provision.
3. A regular review of cemetery provision is carried out by the local authority but this is the most extensive and comprehensive for a number of years. Following this report a similar review will be undertaken every 2 years to ensure we continue to understand the changing needs of our expanding population.
Demographics and statistics
Population
4. The population of Ashford has rapidly increased in recent years due to the building of new housing and net migration into the borough, a trend that is forecast to continue. Based on the last ten years, the population in Ashford has grown at a faster pace than England and Wales as a whole, placing further demand on our cemetery services. Currently the population of the borough is estimated at 130,000 but this is projected to rise by 17% to 152,000 by 20411.
1 NOMIS April 2019 Page 231
Age
5. 85% of all deaths that occur in England and Wales are from those aged 65 years or older and this demographic is represented in the borough with 87% of all adult interments being for those aged 65+. Subsequently, alongside a general increase in the local population we can also expect an increase in the number of those in older age.
6. In 1991, those aged 65+ in the borough represented just 16% of total population, however this is estimated to rise to 20% in 2021 and continue to increase to more than a quarter by 20412. This is particularly noticeable in our Tenterden wards where more than a third of residents are over 65 years of age.
Mortality
7. Statistically death rates increase from the age of 64 years up, something that corresponds with the average age for adults we inter in the Ashford area of 78 years old. According to an Office for National Statistics (ONS) study, the death rates in Ashford are projected to increase by 45% between 2017 and 2041.3 With the population both increasing and aging, it is inevitable that death numbers in both England and Wales, and more specifically in Ashford, will increase.
2 NOMIS April 2019 3 2016-based subnational population projections ONS Page 232
Ethnicity and religious beliefs
8. Ethnic origins, cultural and religious beliefs have an impact on the type of burial chosen. Some faiths such as Islam and Judaism require a burial to be take place 24 hours following the death where possible, with one grave space used per person and cremation discouraged. This has an impact on the area required for burials.
9. In recent years the borough has become more ethnically diverse with a rise in the Gurkha population (largely practicing Hinduism or Buddhism), Muslim population and Gypsy/Irish Travellers4, evident by the quantity of burials for these groups at our cemeteries. Interestingly, whilst we see an increase in the relatively less represented ethnic groups, there has been a decline in the majority Christian population and growth in those saying they follow no religion at all. These trends are anticipated to continue and we must ensure our provision is sympathetic to all beliefs where possible. Ashford cemeteries do currently reflect the diversity of the borough by providing tailored faith sections, with Bybrook in particular having Consecrated, Catholic, Islamic, Gurkha and non-faith sections; something that is not a feature of other local authority burial grounds.
% of Population by Ethnic Grouping in Ashford Borough No Religion Other Year Christian Hindu Muslim Buddhist Jewish Sikh religion not stated religion 2001 76% 15% 7% 0.3% 0.6% 0.2% 0.3% 0.1% 0.1% 2011 63% 26% 8% 1.1% 0.9% 0.7% 0.4% 0.1% 0.1%
Proposal/Current Position
10. Understandably as the number of deaths in the borough have increased, so too have the number of burials, whether full coffin or ashes. Our cemeteries do not receive all bodies following a death, as 78% of all people will choose to have a cremation rather than a burial.5 In the table below it can be seen that circa 13% of all deaths in the borough result in a burial in our land whether coffin or ashes
4 2001 and 2011 Census 5 The Cremation Society of Great Britain Page 233
interments, which means the remainder must have a cremation with no ashes interment in our cemeteries or are buried in local graveyards or taken outside of the borough for funeral arrangements.
2011 2012 2013 2014 2015 2016 2017 2018 2019 Ashford Deaths 888 947 1,018 1,087 1,075 1,077 1,078 1,100* 1,100* Coffin Burials** 90 93 93 105 90 115 110 96 91 Coffin Burials as % of 10.1% 9.8% 9.1% 9.7% 8.4% 10.7% 10.2% 8.7% 8.3% Ashford deaths Ashes Burials** 23 26 31 40 32 36 25 28 30 Ash Burials as % of 2.6% 2.7% 3.0% 3.7% 3.0% 3.3% 2.3% 2.55% 2.73% Ashford deaths
*estimates from ONS. **New and Reopened graves
11. Even though demand for cremations has increased over time, burial by coffin is still a popular choice, averaging at 99 per year within our cemeteries. In 2019, we have experienced record numbers of interments with 91 already completed by early September.
12. The borough does have a privately run Crematorium at Charing, and the majority of all ashes for interment by us originate from here. There are still some active churchyards allowing burials of coffins and ashes within the borough but they are usually limited to those resident within the parish prior to their death, limiting their use by the majority.
13. Our most widely used cemetery is Bybrook with half of all interments taking place there, followed by a quarter in each Willesborough and Tenterden. Canterbury Road cemetery is still active for burials however we are currently only reopening family graves in this cemetery.
14. 55% of all our interments are adult coffin burials (new grave or reopened plot), followed by 21% adult ashes, 13% adult woodland coffin burials, with the remaining 11% of interments children, woodland ashes, Gurkha and Muslim burials combined. These numbers demonstrate how much demand we still have for full burials despite the popularity of cremations.
15. In terms of how much physical ground space is used per interment, we are primarily concerned with new coffin burials. This is where a new piece of ground is dug for a grave that has not been previously purchased for future use or already occupied. In 2019 to date, 77% of all coffin interments were new, and 23% in graves previously used and reopened to inter further people. This means that the majority of the time we are progressively using up new ground for burials. We do have some new interments that use space that has been purchased Page 234
ahead of time but this equates to just 16% of all interments with most people preferring to buy to use immediately.
Forecast demand and capacity
16. The table below shows the percentage of grave space capacity left at our cemeteries by type. These figures exclude those purchased but not yet used as they prevent us from using these for the majority of new interments.
Standard Cemetery Gurkha Muslim Woodland Children Ashes Adult Bybrook 12% 95% 70% 24% 64% 98% Willesborough 13% 100% N/A N/A 59% 34% Tenterden 9% N/A N/A 3% 62% 36% Canterbury Road 0% N/A N/A N/A 0% 0% Grand Total 7% 95% 70% 17% 63% 42%
17. Woodland space is limited as it proved very popular when introduced and 22% of all total plots have been pre-purchased by residents for future use and are unavailable for new burials. There is less pressure on the woodland area at Bybrook due to a ‘meadow’ area recently created (for burials without trees).
18. Of highest concern is the number of vacant plots for standard coffin burials within all cemeteries. Tenterden’s capacity has been capped due to single-depth burials only able to take place due to ground water levels preventing deeper interments and the remaining lawn area for coffin burials too steep to use realistically, safely and respectfully. All of this is compounded by a larger than average over 65 population in the area. The cemetery is also further away from other urban areas in the borough and residents prefer to stay local rather than have to travel further distances to our other cemeteries closer to Ashford town centre.
19. Our Gurkha section in Willesborough has 32 plots available and has so far not been used, whilst the larger area in Bybrook has only had 5% of the allocated plots used to date. Our Muslim section at Bybrook is also fairly underutilised to date but due to changes in the ethnic make-up of the borough over time these areas are expected to become more widely used.
20. Canterbury Road Cemetery has no spare capacity left as all graves are either purchased or occupied.
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21. Based on average demand from the last eight years, the table below details the number of years that we estimate remaining per section for new graves. Demand does not include reopening graves or those pre-purchased.
Current Demand Adult Gurkha Muslim Woodland Children Ashes Vacant spaces 738 347 93 135 457 41 Bybrook Avg demand 2011-2018 21.6 1.8 2.3 6.7 5.4 4.0 Capacity in years 34.1 192.8 40.7 20.3 85.0 10.3 Vacant spaces 609 32 N/A N/A 43 38 Willesborough Avg demand 2011-2018 6.8 0 N/A N/A 1.3 3.3 Capacity in years 90.2 32.0 N/A N/A 32.3 11.6 Vacant spaces 173 N/A N/A 9 37 101 Tenterden Avg demand 2011-2018 7.0 N/A N/A 3.2 1.5 4.7 Capacity in years 24.7 N/A N/A 2.8 24.7 21.4 Vacant spaces 0 0 0 0 0 0 Canterbury Avg demand 2011-2018 0 0 0 0 0 0 Road Capacity in years 0 0 0 0 0 0
22. If we take the projected death rate increase of +45% to 2041 as forecasted by ONS for the borough however, the lifespan of Bybrook for standard coffins falls by over ten years with Tenterden falling by seven years.
Forecasted Demand Adult Gurkha Muslim Woodland Children Ashes Vacant spaces 738 347 93 135 457 41 Bybrook Avg demand 2011-2018 31.4 2.6 3.3 9.7 7.8 5.8 Capacity in years 23.5 133.0 28.1 14.0 58.6 7.1 Vacant spaces 609 32 N/A N/A 43 38 Willesborough Avg demand 2011-2018 9.8 0.0 N/A N/A 1.9 4.8 Capacity in years 62.2 32.0 N/A N/A 22.2 8.0 Vacant spaces 173 N/A N/A 9 37 101 Tenterden Avg demand 2011-2018 10.2 N/A N/A 4.6 2.2 6.8 Capacity in years 17.0 N/A N/A 2.0 17.0 14.8 Vacant spaces 0 0 0 0 0 0 Canterbury Avg demand 2011-2018 0 0 0 0 0 0 Road Capacity in years 0 0 0 0 0 0
23. Those highlighted in the table could cause potential issues in the future if we do not take any action such as repurposing existing grave allocation, plan for alternative burial options, reviewing fees and charges for cremation interments and burials of non-residents or provide extra capacity to residents ready for when these become full.
Implications and Risk Assessment
24. The key issues facing our cemeteries are that with a rapidly expanding and aging population the remaining capacity could fall dramatically in coming years. At current rates we have 34 years remaining at Bybrook, 90 at Willesborough and 25 at Tenterden but if the death rates continue as expected, these lifespans will decrease to 24 at Bybrook, 62 at Willesborough and just 17 years at Tenterden.
25. We are not alone however, as even in 2013 a BBC survey found that more than half of all cemeteries in England were due to run out of space within 20 years6. With other local authorities and London boroughs reporting running out of or low on grave space, people are starting to look outside of their area for burials and we predict a further rise in non-resident interments. Although they generate
6 Burial space in England ‘could run out in 20 years’ www.bbc.co.uk/news/uk-24283426 Page 236
higher revenues for the borough (currently twice the resident fees) they divert precious space away from residents.
26. Other neighbouring local authorities now only have one main cemetery rather than various ones spread across a borough. This can be inconvenient for families to have to travel a distance to mourn and visit, and in particular if we were to run out of capacity in Tenterden there is no other provision aside from cremation or churchyards that are in the vicinity for residents.
27. Tenterden also has issues that compound the lifespan of the cemetery as a high water table there prevents anything more than single depth burials per grave space, resulting in families purchasing rows of plots for future use so that they can be close to each other when the time comes.
28. Less of an issue at the moment but is an emerging trend, is the increase in coffin sizes, in particular, American–style caskets which fall outside the standard grave widths and take up two grave spaces. This is usually a status purchase to respect the deceased but is also being increasingly seen because of obesity levels equating to larger coffins being required.
29. Our more diverse ethnic mix in the borough over time, with Muslim burials only allowing one burial per grave space and currently our Gurkha plots only being used for one body, also puts pressure on the area of land set aside for interments of these faiths.
Potential Solutions and Implications
30. There are many potential solutions that could be actioned to help improve grave capacity at our cemeteries. Some ideas are already being carried out by other local authorities to tackle the same issue with some solutions controversial and more costly than others. Some suggested ideas for Ashford are:
• Adapting small areas for ashes plots • Repurpose grave types • Amend cemetery layouts • Deterring burials
Adapting small areas for ashes plots
31. The number of years left for ashes plots is of minimal concern as we are currently making use of smaller parts of land where full coffin burials cannot take place. This has the potential to gain more plots over time as we find smaller areas between standard burials where ashes caskets can be interred. Although it can affect aesthetics of the cemeteries due to graves being out of line, making use of plots that are otherwise untenable for coffin burials is a better use for the ground when space is limited. This is particularly useful at our Bybrook cemetery where there is no dedicated ashes section.
Repurpose grave types
32. It is possible to change the original allocation of grave spaces. At Bybrook, for example, by rededicating some of the less popular meadow area in the woodland to standard adult lawn burials would provide potentially another 60 spaces. Page 237
Amend cemetery layouts
33. There are some alterations that could be made to layouts within our current cemeteries to claim back more burial space. This could however have a detrimental effect to the aesthetics of the cemeteries.
• Remove some hedgerows, bushes, trees, flowerbeds – circa 75 burial spaces • Repurpose some paved areas/roadways/roundabouts – circa 25 burial spaces • Alter the layout of woodland areas to allocate more plots – circa 20 woodland spaces • Review the burial depths at Tenterden to allow double-depth burials again, in places where possible • Raise the land and level at Tenterden to reduce issues with sloping ground and to reclaim circa 100 plots, subject to planning permission • Instate shared graves as an option- a cheaper price for burial but limited/no memorial and buried with others at different depths • Reclaim graves that have ‘extended’ onto adjoining plots with their memorials – circa 6 spaces Deterring burials
34. Promotion of alternative-style interments to take the pressure away from using new burial space:
• Remind residents that some churchyards are open to burials (although only usually reserved for parishioners) • Natural interments – at sea or on private land • Promote cremations as cost-saving, particularly direct cremations without services • Create an ‘Ashford Funeral Package’ to encourage direct cremation and lower costs • Highlight environmental impact of burials and promote alternatives such as promession (freeze-drying) and resomation (water cremation) • Tree projects – to reduce demand for the limited woodland burials (with trees) at Tenterden and Bybrook by allowing trees to be planted elsewhere in the borough so that there is more burial space to use where trees would normally be planted • Scatter areas could be created for ashes to promote more choices for those who are cremated to reduce burial demand Equalities Impact Assessment
35. Members are referred to the attached Assessment.
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Other Options Considered
Discontinuing pre-purchase of graves
36. Prohibit any graves from being pre-purchased and only allow graves for immediate use. This would remove the issue of old graves that never get used and leave grave space purely for those who require it. There would be push back on this from residents who tend to want to be buried near loved ones and is particularly a problem at Tenterden with the single-depth limit.
Re-use grave space
37. The number of unused purchased plots is a large problem for cemeteries as grave owners change address and do not inform us and grave purchasers die and do not use their plots as they are buried/cremated elsewhere. Under the Local Authorities’ Cemeteries Order 1977, local authorities are able to look at purchased plots where no burial has taken place within 75 years or more to reclaim the burial rights and reuse. There is a lengthy procedure that has to be followed where the re-purchase is advertised, family are researched and contacted where possible as successors could be legal owners of the grave. With the rise in ancestry research we are seeing an increase in long-lost family members looking to repurchase grave spaces that they are legally entitled to so we could have complaints in reusing space.
Create a new cemetery
38. A more costly but longer term solution would be to purchase new land and create a new cemetery for the borough to boost capacity. This is by no means a simple solution and involves a number of steps, not least:
• procuring land that is in proximity to residents, transport planning, an appropriate size • hydrology, ecology, archaeology, topography surveys • planning permission 39. In terms of size, 1.5 hectares would provide 2,511 new coffin burial spaces which would provide an extra capacity of 35 years based on projected death rate increases of 45% to 2041. This has been adjusted for using 30% of space for roads, etc. and for a slightly wider than average grave size of 9’ x 5’ vs. the usual 9’ x 4’. Canterbury Road and Bybrook Cemeteries both currently use over four hectares of space so we would be looking at under half of that area to be used, or perhaps two smaller sites to cover the more demanded areas of Tenterden and Ashford, and to be closer to higher populated areas. 0.3 hectares would give capacity to Tenterden and 463 extra new graves, while 1 hectare in Ashford would provide 1,680 graves to both cover 30 years of new burials.
40. Due to the significant amount of housing and development projects in the borough finding an appropriate area for a new cemetery could prove difficult, however it would allow the opportunity to create a new cemetery layout that maximises the land according to changing borough needs.
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41. A project of this scale will take many years to bring to fruition but could be key going forward to ensure that residents always have an option for full coffin or ashes interments.
42. Extending Willesborough could be more viable option, depending on surveys, etc., although access to the site for the general public may need improving. Expanding Willesborough cemetery directly west of the current area could create circa 2,428 burial spaces.
No proactive action
43. As there is no statutory obligation for local authorities to provide cemeteries for residents we could choose to continue interring until such a time that all remaining space has been used and we have to close the cemeteries. Although this has happened in some other local authorities in London it makes for negative press and could be upsetting to residents. Not only do they have to travel further to bury their loved ones, nearly all local authorities charge double or triple fees to inter non-residents making it more of a burden to loved ones and causing increased funeral poverty. If families cannot bury their loved ones it may mean more potential Public Health Act funerals (pauper funerals) where the local authority is obligated to deal with the funeral arrangements if families are unable to pay, putting pressure on tax-payer funds.
Reasons for Supporting Option Recommended
44. All suggestions in paragraphs 33 and 34 above will be investigated and where possible taken forward.
45. Cabinet are being asked to support increased charges for out of borough residents that wish to make use of burial space in our cemeteries. It is proposed that from January 2020, charges for out of borough residents are increased to 3 times resident charges and 4 times in January 2021. The impact of these changes and use of space will be reviewed every 2 years, advising Cabinet when preparation for a new facility is required.
46. Cabinet are being asked to support a delegation to Head of Service in conjunction with the portfolio holder where a familial link to the borough elicits a request for burial in the borough and the increased charges can be reviewed.
47. The justification for our recommendations is that due to analysis of our current cemetery provision and predicted increasing aging population for the Ashford borough, we are considering actions that can be taken at this early stage to prolong the burial capacity of our cemeteries. Thus ensuring that our residents have the opportunity to bury loved ones for the foreseeable future.
Next Steps in Process
48. To seek approval for the proposed ideas to support the repurposing of graves, reviewing and restructuring fees whilst promoting alternative interment options in order to maximise burial space and increase lifespan of our cemeteries.
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Conclusion
49. Many of the potential solutions should be easy to instate to increase capacity. Although other local authorities are reusing burial space this is not an option this authority intends to pursue.
50. Projects to reallocate grave section types and repurpose areas in order to create more burial space should be actioned. These are simpler and less costly techniques that could boost available grave space by some 286 plots, giving us a further 5.5 years at current capacity or 4 years at +45% death rates for new coffin burials. Pricing and promotion should also be used to discourage full coffin burials where possible to reduce pressure on capacity.
51. Although it would be very costly and would take time to come to fruition, we do anticipate the need for future additional burial provision in the borough. Currently the capacity is appropriate for the borough’s demands however it should be added into the next iteration of the local plan, with the consultation process beginning in two administrations time (circa 2027) so that the time required to source, approve and begin operation will correspond with when we will be at our limits of current cemetery capacity.
52. In the interim Environment and Land Management will continue to track and review biannually death rates and levels of new burials to ensure that capacity is not diminishing at faster rates than anticipated.
Portfolio Holder’s Views
53. Cemetery provision is a sensitive subject. The key issue is that land used for graves can never be used for any other purpose once the cemetery is full and land is very much a finite resource. Whilst we must not proactively discourage coffin burials, we must be mindful that future provision of burial plots cannot be unlimited.
54. The key recommendation in this report is that we have increased the charges for burials from those living outside of the Borough, with a clause whereby this extra charge can be waived, under certain special circumstances, for people with connections to the borough.
55. The impact of the extra charge for burials from outside of the Borough will be monitored and used for maintenance of service provision.
Contact and Email
Joanne Burns, Cemeteries Officer email: joanne [email protected]
Page 241 Equality Impact Assessment
1. An Equality Impact Assessment (EIA) is a document that summarises how the council has had due regard to the public sector equality duty (Equality Act 2010) in its decision-making. Although there is no legal duty to produce an EIA, the Council must have due regard to the equality duty and an EIA is recognised as the best method of fulfilling that duty. It can assist the Council in making a judgment as to whether a policy or other decision will have unintended negative consequences for certain people and help maximise the positive impacts of policy change. An EIA can lead to one of four consequences: (a) No major change – the policy or other decision is robust with no potential for discrimination or adverse impact. Opportunities to promote equality have been taken; (b) Adjust the policy or decision to remove barriers or better promote equality as identified in the EIA; (c) Continue the policy – if the EIA identifies potential for adverse impact, set out compelling justification for continuing; (d) Stop and remove the policy where actual or potential unlawful discrimination is identified. Public sector equality duty 2. The Equality Act 2010 places a duty on the council, when exercising public functions, to have due regard to the need to: (a) Eliminate discrimination, harassment and victimisation; (b) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) Foster good relations between persons who share a relevant protected characteristic and persons who do not share it (ie tackling prejudice and promoting understanding between people from different groups). 3. These are known as the three aims of the general equality duty. Protected characteristics 4. The Equality Act 2010 sets out nine protected characteristics for the purpose of the equality duty: • Age • Disability • Gender reassignment • Marriage and civil partnership* • Pregnancy and maternity • Race • Religion or belief • Sex • Sexual orientation *For marriage and civil partnership, only the first aim of the duty applies in relation to employment. Due regard Page 242 5. Having ‘due regard’ is about using good equality information and analysis at the right time as part of decision-making procedures. 6. To ‘have due regard’ means that in making decisions and in its other day-to-day activities the council must consciously consider the need to do the things set out in the general equality duty: eliminate discrimination, advance equality of opportunity and foster good relations. This can involve: • removing or minimising disadvantages suffered by people due to their protected characteristics. • taking steps to meet the needs of people with certain protected characteristics when these are different from the needs of other people. • encouraging people with certain protected characteristics to participate in public life or in other activities where it is disproportionately low. 7. How much regard is ‘due’ will depend on the circumstances The greater the potential impact, the higher the regard required by the duty. Examples of functions and decisions likely to engage the duty include: policy decisions, budget decisions, public appointments, service provision, statutory discretion, decisions on individuals, employing staff and procurement of goods and services. 8. In terms of timing: • Having ‘due regard’ should be considered at the inception of any decision or proposed policy or service development or change. • Due regard should be considered throughout development of a decision. Notes shall be taken and kept on file as to how due regard has been had to the equality duty in research, meetings, project teams, consultations etc. • The completion of the EIA is a way of effectively summarising this and it should inform final decision-making. Armed Forces Community 9. As part of the council’s commitment to the Armed Forces Community made through the signing of the Armed Forces Covenant the council’s Cabinet agreed in November 2017 that potential impacts on the Armed Forces Community should be considered as part of the Equality Impact Assessment process.
10. Accordingly, due regard should also be had throughout the decision making process to potential impacts on the groups covered by the Armed Forces Covenant:
• Current serving members of the Armed Forces (both Regular and Reserve)
• Former serving members of the Armed Forces (both Regular and Reserve)
• The families of current and former Armed Forces personnel. Case law principles 11. A number of principles have been established by the courts in relation to the equality duty and due regard: • Decision-makers in public authorities must be aware of their duty to have ‘due regard’ to the equality duty and so EIA’s must be attached to any relevant committee reports. • Due regard is fulfilled before and at the time a particular policy is under consideration as well as at the time a decision is taken. Due regard involves a conscious approach and state of mind. Page 243 • A public authority cannot satisfy the duty by justifying a decision after it has been taken. • The duty must be exercised in substance, with rigour and with an open mind in such a way that it influences the final decision. • The duty is a non-delegable one. The duty will always remain the responsibility of the public authority. • The duty is a continuing one so that it needs to be considered not only when a policy, for example, is being developed and agreed but also when it is implemented. • It is good practice for those exercising public functions to keep an accurate record showing that they have actually considered the general duty and pondered relevant questions. Proper record keeping encourages transparency and will discipline those carrying out the relevant function to undertake the duty conscientiously. • A public authority will need to consider whether it has sufficient information to assess the effects of the policy, or the way a function is being carried out, on the aims set out in the general equality duty. • A public authority cannot avoid complying with the duty by claiming that it does not have enough resources to do so.
The Equality and Human Rights Commission has produced helpful guidance on “Meeting the Equality Duty in Policy and Decision-Making” (October 2014). It is available on the following link and report authors should read and follow this when developing or reporting on proposals for policy or service development or change and other decisions likely to engage the equality duty. Equality Duty in decision-making
Lead officer: Tracey Butler Decision maker: Cabinet Decision: Reviewing the charges for non-residents for future cemetery • Policy, project, service, provision. contract • Review, change, new, stop Date of decision: 28 November 2019. The date when the final decision is made. The EIA must be complete before this point and inform the final decision. Summary of the proposed decision: At present the number of non-residents applying for our • Aims and objectives cemeteries is low (less than 10 per year). The increase in • Key actions charges is aimed to futureproof the service.
• Expected outcomes Page 244 • Who will be affected and Non-residents. The decision does not have an impact on how? any particular group as it is a blanket increase in charges for • How many people will be all non-residents. Discretion can be applied as appropriate affected? and explained in the report. Information and research: Info about what has happened elsewhere – check no • Outline the information and negative impacts on specific communities. research that has informed the decision. • Include sources and key findings.
Consultation: No consultation is planned on the change to the charges. • What specific consultation Separately, there are planned discussions with has occurred on this representatives of the Muslim and Gurkha communities to decision? ensure that cemetery capacity continues to meet their requirements in both the short and longer terms. • What were the results of the consultation? • Did the consultation analysis reveal any difference in views across the protected characteristics? • What conclusions can be drawn from the analysis on how the decision will affect people with different protected characteristics? Assess the relevance of the decision to people with different protected characteristics and assess the impact of the decision on people with different protected characteristics. When assessing relevance and impact, make it clear who the assessment applies to within the protected characteristic category. For example, a decision may have high relevance for young people but low relevance for older people; it may have a positive impact on women but a neutral impact on men. Impact of Decision Relevance to Decision Positive (Major/Minor) Protected characteristic High/Medium/Low/None Negative (Major/Minor) Neutral AGE Low Neutral Elderly
Middle age Low Neutral
Young adult Low Neutral
Children Low Neutral
DISABILITY Low Neutral Physical
Mental Low Neutral Page 245 Sensory Low Neutral
GENDER RE- Low Neutral ASSIGNMENT
MARRIAGE/CIVIL Low Neutral PARTNERSHIP
PREGNANCY/MATERNITY Low Neutral
RACE Low Neutral
RELIGION OR BELIEF Low Neutral
SEX Low Neutral Men
Women Low Neutral
SEXUAL ORIENTATION Low Neutral
ARMED FORCES Low Neutral COMMUNITY Regular/Reserve personnel
Former service personnel Low Neutral
Service families Low Neutral
Not applicable but also built in provision to demonstrate Mitigating negative impact: discretion as required. Where any negative impact has been identified, outline the measures taken to mitigate against it.
Is the decision relevant to the aims of the equality duty? Guidance on the aims can be found in the EHRC’s Essential Guide, alongside fuller PSED Technical Guidance.
Aim Yes / No / N/A
1) Eliminate discrimination, harassment and victimisation n/a n/a 2) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it
3) Foster good relations between persons who share a relevant n/a protected characteristic and persons who do not share it Page 246 The burial provision in our cemeteries covers all protected Conclusion: characteristics. The service itself takes account of different • Consider how due regard needs and cultural beliefs. The increase in charges would not has been had to the affect specific characteristics. equality duty, from start to finish. The long term provision – not a decision for now but that the • There should be no impact on equalities will be at the heart of the development of unlawful discrimination future provision. arising from the decision (see guidance above ). • Advise on whether the proposal meets the aims of the equality duty or whether adjustments have been made or need to be made or whether any residual impacts are justified. • How will monitoring of the policy, procedure or decision and its implementation be undertaken and reported? 4 November 2019 EIA completion date:
Page 247 This page is intentionally left blank Agenda ItemCEB 17
Compliance and Enforcement Board
Notes of a Meeting of the Compliance and Enforcement Board held in the Council Chamber, Civic Centre on the 7th October 2019.
Present:
Cllr. Bell (Chairman);
Cllrs. Barrett, Bartlett (ex-officio), Buchanan, Krause, Shorter.
In accordance with Procedure Rule 1.2(c) Councillor Krause attended as Substitute Member for Councillor Gideon.
Apologies:
Cllrs. Gideon, Ward.
Also Present:
Director of Law and Governance, Strategic Development and Delivery Manager, Community Safety and Wellbeing Manager, Environmental Contracts and Enforcement Manager, Civil Enforcement Team Leader, Planning Lawyer, Member Services Manager (Operational).
1. Declarations of Interest
1.1 Cllr. Buchanan made a Voluntary Announcement as he knew one of the owners of a site referred to in the Planning Enforcement paper.
2. Notes of the Meeting of 8th July 2019
2.1 The Board agreed the notes as an accurate record.
2.2 The Chairman had received a letter from the KCC Cabinet Member for Planning, Highways, Transportation and Waste on the Commercial Illegal Disposal on KCC land at Mock Lane, Chilmington. This was tabled for Board Members’ attention.
3. In House Environmental Crime Team
3.1 The Environmental Contracts and Enforcement Manager introduced the report which was a draft of the report coming to the Cabinet in December. It outlined a proposed structure and activities to be undertaken by an in-house uniformed environmental crime enforcement team for a two year trial (with options appraisal). This would enable the Council to utilise those powers available to it to deal with a range of environmental offences. The team would be able to
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target offenders of serious waste crimes, conduct inspections and litter enforcement.
3.2 The Chairman opened the item up to the Board and the following responses were given to questions/comments: -
There were still issues to tackle regarding contamination of recycling and some people simply not engaging with the process. This was being tackled by education and the new team would have an objective to improve engagement from Registered Social Landlords on kerbside separation of recycling.
It was possible that the team could have a wider remit in time, but the initial focus would be on fly-tipping, Duty of Care and littering and covering the team’s costs through fines and prosecutions.
There were already separate mechanisms for dealing with other areas such as engine idling (particularly outside schools) and the proliferation of A-Frame boards in the town centre and these would not be initial tasks for this team. A Member advised that on the particular issue of A- Frames, this was a KCC issue. They did have the power to ask businesses to move these directly outside of their properties and ultimately, if they did not comply, to remove and/or destroy. The Board asked Officers to write to KCC to ask them about their enforcement regime in this regard and encourage this to be included in their Highway Inspectors’ visits to the town centre.
With regard to the risk that Central Government would not allow the Council to continue to charge for garden waste collection and make it free for every household, it was explained that this was part of a recent DEFRA consultation and would have a significant impact on both income and recycling targets for the Council. The Council had made representations against this as part of the consultation and a response was awaited.
Members of the proposed team would be uniformed and be able to confront offenders when witnessed and issue fixed penalty notices.
Fines for dog fouling were more difficult to issue as it was a harder offence to witness. Good information and intelligence on repeat offenders did help and was always welcomed.
Fines would be set towards the lower end of what could be charged and it was hoped that effective enforcement would lead to a higher level of compliance rather than raising a lot of money. There were no targets but the aim was to achieve cost neutrality.
3.3 The Board was pleased to see the proposals come forward. They had pushed for this team and were fully supportive of its implementation.
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Recommendations/Actions:
That the Board support the implementation of an In-House Environmental Crime Team for a two year period and commend the proposals to the Cabinet.
4. Environmental Crime Enforcement in Ashford
4.1 The Environmental Contracts and Enforcement Manager introduced his report which identified environmental crime enforcement activities for the most recent period, and highlighted the key points in the report.
4.2 In response to questions the Environmental Contracts and Enforcement Manager advised that deployed CCTV had to be overt with appropriate signage. Where this had been deployed it was having a positive effect in deterring fly tipping disposals. Further locations were under evaluation for installation of cameras.
Recommendations/Actions:
That the update report be received and noted.
5 Anti-Social Behaviour in Ashford - Update
5.1 The report provided the quarterly Anti-Social Behaviour (ASB) performance update. The Community Safety and Wellbeing Manager ran through the performance data for the last quarter. The report also detailed work underway or planned through the Community Safety Partnership and complex ASB cases that had required a multi-agency approach. There had been an increase in the number of ASB reports made to ABC this quarter from 112 to 117, with 114 being through the Report It App.
5.2 The Board was pleased to see that proposals to employ a Complex Case Officer at the start of the next financial year had been taken forward. A Member also thanked Officers for the work undertaken at Singleton Lake and with recent Public Spaces Protection Orders (PSPOs).
5.3 The Board had a lengthy discussion on the night time economy in the town centre and the perception that there had been an increase in ASB, street drinking and problems associated with rough sleepers. It was considered that a lack of uniformed Police presence in the town centre at these times was exacerbating the situation. The Community Safety and Wellbeing Manager agreed to contact the Community Safety Inspector to see what resources were being deployed and to get the Police’s own observations. She stated that there was a robust stance in relation to licensed premises and joint visits (Police and ABC Licensing Officers) regularly took place. She would also speak to the Council’s CCTV operators and the newly appointed Shopwatch/Pubwatch Co-ordinator and ask them about their own recent experiences.
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5.4 With regard to the ASB situation in Tenterden, the Community Safety and Wellbeing Manager advised that there were some hotspots, but the level of reports was generally low and there were good working relationships with the PCSO for Tenterden.
Recommendations/Actions:
That the update report be received and noted.
6 Planning Enforcement Update
6.1 The Strategic Development and Delivery Manager introduced the report which provided an update on the work of the Planning Enforcement team. She drew particular attention to: - a reduction in the number of live cases; High Court Injunctions and Committal Proceedings; Planning Contravention Notices; Appeals Against the Issuing of Enforcement Notices; and future Anticipated Action.
6.2 In response to questions, the Strategic Development and Delivery Manager and Planning Lawyer said they would keep Members informed with progress on particular cases at Hawkins Rough, Chilham and two sites in Biddenden. They would also ensure that future update reports included an update on developments against all of the cases listed under ‘Anticipated Action’, which had occurred between Board meetings.
Recommendations/Actions:
That the update report be received and noted.
7 HGV Clamping Trial
7.1 The Civil Enforcement Team Leader introduced the report which advised of the successful experimental 18 month HGV clamping trial on the A20 between Charing and the Drovers roundabout from October 2017 to April 2019. The success of the trial had allowed for a permanent Traffic Regulation Order to be introduced from 15th July 2019. Enforcement had been assisted by the Department for Transport agreeing permission to clamp on the first offence and to continue with the maximum clamp release fee of £150. This would ensure costs could continue to be covered without additional impact on ABC or KCC finances. The report also proposed a move to an annual update report, rather than more regular reports.
7.2 Members accepted that there was a lot of uncertainty over the Brexit position and what would happen if Operation Brock was implemented. Whilst they would have to take guidance from the Department for Transport, the Director of Law and Governance gave an assurance that clamping would not automatically cease unless specifically requested or if the lorry park at Waterbrook was full.
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Recommendations/Actions:
That the update report be received and noted and the Board receive an annual update report in the future.
8 Compliance and Enforcement Board - Options
8.1 The report of the Director of Law and Governance was re-presented to the Board to establish how Members wished to progress the work it was undertaking and the frequency of meetings. The Board was unanimous in wanting to continue meeting but reduce the frequency of meetings to quarterly, with the option to meet on an ad hoc basis, or remotely, in the event that there was a specific need.
Recommendations/Actions:
That the Board meet quarterly going forward.
9 Dates of Next Meetings
9.1 The dates for Compliance and Enforcement Board Meetings for 2020 will be as follows:
Tuesday 28th January 2020 Tuesday 28th April 2020 Tuesday 28th July 2020 Tuesday 27th October 2020
All at 3.30pm in the Council Chamber.
Councillor Bell (Chairman) Compliance and Enforcement Board
______Queries concerning these minutes? Please contact Member Services: Telephone: 01233 330349 Email: [email protected] Agendas, Reports and Minutes are available on: http://ashford.moderngov.co.uk
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This page is intentionally left blank Agenda Item 18
Notes of a meeting of the Ashford Strategic Delivery Board Friday 25 October 2019 at 10.00am
Present:
Board Members
Cllr Gerry Clarkson (Chairman) – Leader, ABC Rt Hon Damian Green MP Cllr Paul Clokie – Portfolio Holder for Regeneration and Corporate Property, ABC Cllr Neil Shorter – Portfolio Holder for Planning and Development, ABC David Smith – KCC, Director – Economic Development Paul Harwood - Highways England Michael Claughton - Chairman, Ashford Access Tracey Kerly - ABC
Non Board Members
Cllr Peter Feacey, ABC Cllr Jessamy Blanford, ABC Stephen Gasche, KCC Ben Lockwood, ABC Christina Fuller, ABC Paul McKenner, ABC Andrew Osborne, ABC Len Mayatt, ABC Simon Cole, ABC Tom Swain, ABC Keith Fearon, ABC
Also Present Susie Gray - (Dallas - Pierce - Quintero) (for item 3 only) Alan Hodson - (Hodson Developments) (for item 3 only)
Apologies
Michael Payne, Barbara Cooper, Cllr Neil Bell, Chris Moore, Charlotte Hammersley, Sally Anne Logan, Rebecca Spore
Item Notes Action
Page1 255 1. Welcome
The Chairman welcomed all those present.
2. Ashford’s Big 8 Projects
The Chairman gave a presentation on the current position on progress in terms of the initial Big 8 projects which were transforming Ashford. He explained that the Borough Council would maintain a watching brief over these but he was pleased to report that the Outlet extension would be formally opened on 7 November and that a shuttle bus service had commenced between the Outlet, the town centre and Ashford Railway Station. In terms of the Elwick development, Macknade’s would be opening before Christmas and arrangements had been made for users of the cinema to be reimbursed for their car parking charges and furthermore the car park would be free after 3.00pm.
The Chairman further explained that ABC was developing a new Corporate Plan to be adopted in 2020 and had identified the most important projects and themes for strategic delivery. The projects were:-
A Carbon Neutral Borough before 2030 Chilmington and South of Ashford Garden Community (Chilmington - Court Lodge - Kingsnorth Green) Ashford Town Centre Masterplanning Strategic Parks (Victoria/Conningbrook/Discovery) Vicarage Lane development and Multi-Storey Car Park Integrated Transport Strategy (road, rail and passenger) Newtown Works- development of Railway Sheds
Cultural Centre (theatre/art
gallery/museum/conferencing)
In response to a comment about the use of acronyms in the ABC Board papers, the Chairman said that in future reports would include a glossary of terminology.
3. Presentation – Chilmington/South of Ashford Garden Community
Susie Gray of Dallas-Pierce-Quintero gave a presentation titled ‘Creative Chilmington – a Strategy to embed arts, culture and creativity within the life of Chilmington’
Susie Gray explained that given the Community
Page 2256 Management approach being adopted at Chilmington, there was strong potential for the community to take a lead role in local cultural development in the future. The presentation set out in detail the Strategy which was being adopted, at the heart of which was the creation of a healthy sustainable community which was well connected to the wider Ashford area. The presentation also included case studies and timelines for Phase 1 and 2.
In response to a question, Susie Gray confirmed that the definition of ‘culture’ had been taken from the Arts Council 10 year strategy. She also advised that in terms of funding, in the region of £750,000 of S106 money was available over the life of the project. Damian Green (DG) referred to the success of the establishment of the arts centre in Margate and said that it would be good for Ashford if it was able to offer some space for touring national exhibitions. Paul Clokie (PC) referred to the ABC project to look at establishing a Cultural Centre in Ashford which he suggested could accommodate space for such exhibitions.
Ben Lockwood (BL), in his capacity as Chairman of the Chilmington Management Organisation explained the work being undertaken to date which included the stewardship model and in terms of the garden community, work with the stakeholder group. He also explained that 3 properties were now occupied and a further 12 properties would shortly be completed by Hodson Developments. A temporary site for the premises for the CMO would be opened in November and recent site visits by KCC Members and ABC Members had generated positive feedback. Work on the first primary school would commence by the end of the year or early next year. BL also said that a meeting had taken place with Homes England to discuss the Garden Community.
In terms of the A28 improvement works, BL said that a working group had been set up and work was being undertaken to establish when it was estimated that 400 completions would be reached which was a trigger for a bond payment to KCC for the required highway works.
Neil Shorter (NS) advised of the continued discussions with Southern Water regarding the provision of the permanent foul drainage system and said that he was pleased to say that Southern Water had a plan in place for this to be ready by March 2021.
In conclusion, the Chairman thanked Susie Gray for her presentation.
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4. Presentation – Ashford College and Station Spurs
Andrew Osborne (AO) gave a brief presentation on the current position in terms of Ashford College and the Ashford Spurs Project.
In terms of the college, AO said that East Kent College were currently going through due diligence and the bid included Phase 1a, but that there were still challenges over funding of this phase. It was hoped that the new college operator would be in place by February 2020.
AO further explained that the Contactor and Train Detection system for the Ashford Spurs Project would be installed by the end of December 2019 and the Eurostar Velaro trains would be reintroduced from January 2020. AO also said that further information on future changes to Eurostar services would be made in January.
5. Presentation – Ashford Town Centre
AO gave a presentation which included information on progress with the Ashford Town Centre framework and the response to the residents survey undertaken in 2018. He also outlined the review of town centre activity and gave figures for footfall and shopping centre performance. He also drew attention to the ‘Illuminites’ programme of activities which were planned to be undertaken in the town centre in December.
In response to a question about the location of the town centre market, AO advised that discussions had taken place ABC with traders and that officers would be looking at a whole series of options. In terms of the cobbled surface of the lower High Street, the Chairman said that this should be looked at and he asked David Smith to raise this issue with the new KCC Portfolio Holder for Environment and KCC Transport.
6. Big 8 Project Updates
The report enclosed with the agenda set out the latest position on progress in respect of the new Big 8 projects.
7. Watching Brief Projects
Page 4258 The report enclosed with the agenda set out the latest position in respect of the Watching Brief projects.
With reference to Junction 10a of the M20, Paul Harwood (PH) confirmed that the east facing slip roads and link to the roundabout on the A2070 would be available for HGV’s to access the proposed custom clearance facility being provided at the Truck Stop site. He said that this work might, however delay the proposed improvements planned to be undertaken at the Orbital Park junction. He also explained that the whole of junction 10a would be open to all traffic by Spring 2020.
NS referred to problems on the A20 in the vicinity of the Pilgrims Hospice which caused vehicles to back up to HA Junction 10. PH undertook to look into this matter.
David Smith referred to the Shared Space and advised that the Highway Team had developed a maintenance and replacement plan which it was currently intended to commence in March 2020 and which would take 10 to 12 weeks to complete.
In terms of the Conningbrook Country Park, Tracey Kerly advised that ABC were in negotiations with KCC regarding the purchase of the depot. A further update would be provided at the next meeting.
8. Next Meeting
The next meeting would be held on Friday 31st January 2020 at 10.00am
Queries concerning these minutes? Please contact Member Services Tel: 01233 330564 Email: [email protected] Minutes are available on: http://ashford.moderngov.co.uk
Page5 259 This page is intentionally left blank Agenda ItemLPPP/TG 19
Local Plan & Planning Policy Task Group
Notes of a Meeting of the Local Plan & Planning Policy Task Group held on the 4th October 2019.
Present:
Cllr. Shorter (Vice-Chairman in the Chair);
Cllrs. Bartlett (left the meeting during Item 3), Mrs Bell, Blanford, Clokie, Michael, Spain, Walder.
Apologies:
Development Partnership Manager
Also Present:
Spatial Planning Manager ; Policy Planner; Head of Planning & Development; Graduate Planner; Principal Solicitor (Strategic Development); Member Services and Ombudsman Complaints Officer.
1 Declarations of Interest
1.1 Cllr. Shorter made a Voluntary Announcement that he knew a number of gypsy and traveller families, but he did not have a close friendship with any of them.
2 Notes of the Previous Meeting
2.1 The Notes of the Meeting held on 5th July 2019 were agreed as a correct record.
3 Gypsy and Traveller Accommodation DPD – Update
3.1 The Spatial Planning Manager introduced this item. He explained that this was a complex and important document which required the attention of a dedicated Task Group meeting. He clarified that, at present, Officers were not seeking decisions on specific potential allocations for Gypsy and Traveller sites, but were seeking a steer before commencing on Regulation 18 stage consultation. He advised Members that Ward Members would be involved more closely in consultation once the stage of discussing individual sites had been reached.
3.2 The Policy Planner gave a presentation, which covered:
• Update of achievements since the presentation to the last Task Group in July; • Need and supply – PPTS (Planning Policy for Traveller Sites) guidance and updated Borough calculations; • PPTS v Cultural Needs;
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• Chilmington turnover; • Retaining a 5-year land supply; • Potential pitch need calculations; • Pitch definition and design option Site Assessment process and SA Framework; • Existing and potential G&T sites Borough distribution; • Potential site options: o Temporary to permanent and regularising unlawful pitches; o Family need identified expansion; o Potential sites for expansion – more information needed; o Site submissions; o Previously refused sites; o Applications awaiting decision; • Options for Regulation 18 stage DPD consultation; • DPD timetable.
3.3 The Vice-Chairman in the Chair opened up the item for discussion, and the following questions/comments were raised:
• A Member asked about the potential for a concentration of sites in a single area and what could be done to mitigate that. The Policy Planner said that this was not specifically scored in the Sustainability Appraisal (SA), but it would be considered as a factor by Officers during further work and in the written conclusion. Members expressed concern that a general area should be considered, rather than limiting the boundaries to Borough wards, and the Policy Planner said Officers would speak to neighbouring authorities as part of the contribution to an overall conclusion.
• A Member drew attention to Objectives 6.4 and 6.5 and said that consideration should be given to the capacity of local primary schools. It was important to focus on the effect on the local community rather than simply considering each individual site. The Policy Planner said that this would be picked up through the SA.
• One Member said that care should be taken that there was not one rule for bricks and mortar dwellers and another rule for Gypsies and Travellers. It was important not to overcomplicate the DPD with too much analysis.
• In response to a question about pitch size, the Policy Planner said that the Inspector was likely to give consideration to future family need and Officers should also incorporate this factor. It was important to establish which sites were suitable for expansion and for larger family pitches. The Council would be in a stronger position to refuse unsuitable applications if alternative suitable sites had been identified.
• In response to a question about the Council’s current position, the Spatial Planning Manager advised that there was always an element of risk. However, Officers were now fully engaged in this complex and challenging task. The DPD must be sound enough to pass an examination and
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address constituents’ concerns. Regulation 18 stage consultation would take place at the end of the year, after which it would be necessary for the Task Group to make decisions on which specific sites to propose for allocation around April 2020, prior to formal public consultation at Regulation 19 stage. The publication of the final DPD would create much more certainty for the travelling and settled communities.
• A Member asked about ways to ensure that community leaders engaged with the DPD. A Member said that it was vital to consult Ward Members and key stakeholders in parallel with other consultation. The Spatial Planning Manager added that it would ultimately be the responsibility of Task Group Members to make decisions, but providing thorough groundwork was done it should be possible to justify these decisions.
• A Member thanked Officers for the hard work done recently. She said that previously she had not been satisfied with the baseline figure used in the past, or the methods of achieving it. However, she recognized that a huge amount of work had been done and believed there was good evidence that the Council was now starting from a solid baseline. Other Members joined her in adding their thanks to Officers.
• A Member noted that Gypsies and Travellers were often accompanied by horses and asked whether any consideration was given to this when allocating suitable sites. The Policy Planner said that that this issue could be included in the options report as part of the site location, employment needs and pitch design sections. The Member said it was important to ensure that Gypsies and Travellers took responsibility for their animals and that provision was made for the upkeep of horses.
• With regard to sites providing for employment use, the Policy Planner said that SA scoring took into account whether sites had extra space for storage, vehicle turning, parking of larger vehicles and small workshop facilities.
• The Policy Planner advised that a Kent-wide scheme may be an option for providing transit pitches, and that this may potentially be located within the Ashford Borough. The Head of Planning & Development said that this was something he would discuss with colleagues from other Kent authorities at a Kent-wide meeting. A Member said he wanted to see this project included in the programme of delivery, and that any plans for a county-wide transit site should carry on in parallel with the DPD. It was understood that Ashford had an identified need for a small transit site and Members agreed that the Regulation 18 stage consultation should include this issue
• The Policy Planner advised Members that the draft Regulation 18 stage DPD consultation document would be submitted to the Task Group in November 2019.
Resolved
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The Local Plan and Planning Policy Task Group notes the progress made on the Regulation 18 version of the Gypsy & Traveller DPD and endorses the approach to the options and recommendations outlined in Part n. of the report for inclusion in the DPD for public consultation, or for further Officer assessment.
4 Date of Next Meeting
18th October 2019 at 10am in the Council Chamber.
Councillor Shorter Vice Chairman in the Chair – Local Plan & Planning Policy Task Group
______
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Queries concerning these minutes? Please contact [email protected] Agendas, Reports and Minutes are available on: www.ashford.moderngov.co.uk
Page5 265
LPPP/TG
Local Plan & Planning Policy Task Group
Notes of a Meeting of the Local Plan & Planning Policy Task Group held on the 18th October 2019.
Present:
Cllr. Bartlett (Chairman) Cllr. Shorter (Vice-Chairman)
Cllrs. Mrs Blanford, Clokie, Forest, B. Heyes, Ledger, Smith, Spain, Walder.
In accordance with Procedure Rule 1.2(c) Cllrs. Forest and Smith attended as Substitute Members for Cllrs. Mrs Bell and Michael respectively.
Apologies:
Cllrs. Mrs Bell, Michael.
Also Present:
Cllrs. Harman, Ovenden.
Spatial Planning Manager, Principal Policy Planner (AT), Principal Policy Planner (DC), Head of Planning and Development, Senior Solicitor (Strategic Development), Planning Policy Officer (2), Graduate Planner, Member Services and Ombudsman Liaison Officer.
1 Five Year Housing Land Supply
1.1 The Principal Policy Planner (AT) introduced this item and gave a presentation which highlighted the key points within the report as follows:
• Background • Annual Position Statements (APS) • Housing Delivery Test (HDT) and Buffer • Definition of Deliverable • Methodology and Site Assessment • Five Year Housing Land Supply – five year requirement • Five Year Housing Land Supply – calculation • Changes since 2018 • Actions to maintain/improve the position.
1.2 The Chairman opened up the item for discussion and the following comments/questions were raised:
• A Member said that it was important to find ways to encourage developers with planning permission to build out more quickly. He asked whether flats
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counted as individual units in calculating the housing land supply and, if so, whether the Council’s housing department could accelerate the building out of Council owned sheltered properties. The Principal Policy Planner said that flats could be included in the count as windfall sites, but it should be borne in mind that cases such as the redevelopment of housing schemes could actually result in a net loss of housing. She agreed that it was important to encourage developers to build out as quickly as possible, and progress on a site-by-site basis could be analysed in more detail as part of the action plan. She clarified that the general assumption used for annual build out rate was 60 dwellings per year per brand/per builder, assessed on a site by site basis
• A Member said that the current delay in agreeing a scheme for widening the A28 could be a future constraint on building rates at Chilmington. He said this matter was being addressed through the Delivery and Implementation Board (DIB). The Head of Planning and Development added that this issue was actively being pursued by the DIB as a standing agenda item under strategic risks, and it was recognised that it was critical to find a satisfactory funding mechanism. The Chairman said that he and fellow KCC Councillors would make a point of discussing this matter with the new Leader of KCC
• A Member asked about the building rate at Chilmington and whether it was on target at present. The Head of Planning and Development explained that the target figure of 400 occupied dwellings was likely to be achieved around 2020/21, and that the DIB was developing a strategy to track trajectory and delivery.
• A Member noted that the report provided a snapshot of the situation as of this moment in time. However, he questioned whether it was possible to develop a means to provide continuous analysis of the housing supply on an ongoing basis. The Principal Policy Planner responded that there was no system in place at the moment and that the figures were updated on an annual basis. However, it was recognised that it would be very useful to introduce a system to provide an ongoing calculation of the position. The Spatial Planning Manager added that it was intended to develop a means to have a better day to day knowledge of the progress on each site, but that there were a number of complications to translating this into an exact five year figure. Different calculation dates for various factors meant that it was hard to provide anything other than an annual figure.
• A Member said that it would be useful to have accurate empirical data about completions and that there was a need to put developers under pressure to meet infrastructure commitments once target number of houses had been achieved.
• A Member questioned the figure of allocated sites at Shadoxhurst in Appendix 3. The Principal Policy Planner explained that there was planning permission for 19 units but that by April 2019 there had been 12 completions. This left a total of 7 units to be completed this year.
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• A Member asked about the nurses’ housing in Willesborough, some of which had fallen into disrepair. The Hospital Trust was looking to refurbish the dwellings and bring them back into use as student nurse accommodation. He asked how housing numbers would be affected if this project went ahead. The Principal Policy Planner explained that the dwellings could potentially be counted towards the housing land supply but not necessarily on a one-to-one basis. This would depend on whether there was a net increase or just refurbishment of existing stock. A Member asked whether this also applied to sheltered accommodation. The Principal Policy Planner replied that for new sheltered accommodation that was self- contained this would be counted as an addition to housing stock, but in the case of care homes a ratio would be applied to bedroom numbers, to calculate the housing supply.
• Members noted the delays at the Waterbrook site, and how these were impacting on the Five Year Housing Land Supply figure. It was agreed that these delays were out of the Council’s hands and that this should be made clear to the Ministry of Housing.
• A Member asked about the consequences of not meeting the Five Year Housing Land Supply figure. The Spatial Planning Manager said that in this case the relevant Local Plan policies would be considered ‘out-of-date’ when assessing applications and appeals and that it would be harder to defend refusals of undesirable applications.
• The Spatial Planning Manager explained that a conversation was also needed with the Department for Transport regarding the situation at the A2070 Orbital Park junction. The second phase was due to start following the conclusion of J10a related works to the A2070, but this had now been put back to enable the temporary use of Waterbrook for customs clearance related lorry parking. This delay could affect the Finberry and Newtown Works developments and may have implications for the timing of residential, employment and economic development. Therefore, this junction was at the forefront of housing delivery issues.
• A Member expressed concern about protecting the integrity of green corridors in the Borough in light of the pressures to provide housing. He also said it was important not to undermine the economic viability of the town, with housing being allowed to over-ride all other uses. Economic, cultural and social uses must also be protected. The Spatial Planning Manager explained that the Government view was that there was an urgent need to build more houses nationally. Developers would build as fast as they could dispose of property and the Council’s challenge was to enable them to do so. He recognized that there could be too much emphasis on housing delivery at the expense of other uses. The Council had a newly adopted Local Plan which was balanced to meet housing needs in the years ahead, whilst also supporting employment and protecting the green corridor and open spaces. It was vital to implement the Local Plan on the ground to keep a level of control and balance. A Member said it was
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important to lobby Local Government organisations in parallel with implementing the Local Plan.
• A Member asked about the potential for the Council to develop and build its own stock, rather than relying on developers. The Chairman responded that the Government had imposed an increase to Local Authorities on the cost of borrowing, and that Government borrowing rates were now above commercial rates. This had created a risk for Local Authorities to implement their own building programmes. The Spatial Planning Manager said it was important to find ways to keep housing supply moving. The windfall housing policies, which had been carefully drafted, acted as a safety valve and enabled the Council to look at windfall sites coming forward in a more flexible way.
Resolved
That the Local Plan and Planning Policy Task Group endorses the methodology and conclusions of the update set out in the report as the basis for the Council’s published five year housing land supply position for 2019-2024.
2 Date of Next Meeting
2.1 To be advised.
Councillor Bartlett Chairman – Local Plan & Planning Policy Task Group
______Queries concerning these minutes? Please contact [email protected] Agendas, Reports and Minutes are available on: www.ashford.moderngov.co.uk
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This page is intentionally left blank Agenda Item 20 ITDTAC
IT & Digital Transformation Advisory Committee
Minutes of a Meeting of the Information Technology and Digital Transformation Advisory Committee held in Committee Room No. 1, Civic Centre, Tannery Lane, Ashford on 1st November 2019.
Present:
Cllr. Knowles (Chairman)
Cllrs. Ovenden, Pickering.
Apologies:
Cllrs. Bell, Forest.
Also Present:
Customer Service & Digital Project Manager, IT Operations Manager, Governance & Data Protection Officer, Member Services Officer.
Minutes of the Meeting held on 26 July 2019
1.1 The Minutes of the Meeting of the IT & Digital Transformation Advisory Committee held on 26 July 2019 be approved and confirmed as a correct record.
Website Project – Progress Update
2.1 The Customer Service & Digital Project Manager highlighted the progress to date on the website project. An update had been received from Visarc, a shortened version of which was given to the Committee. He drew attention to the findings from the Google Analytics Audit, in particular the level of organic traffic, the types of devices used and the bounce rate. Some of the findings indicated that there was a struggle to find the information required and that the call to actions required more prominence.
2.2 The Customer Service & Digital Project Manager emphasised the level of calls received by the Customer Services Team compared to website enquires over a set period. Some of these areas had quite high call rates compared to web enquiries and vice versa. Members commented that the ‘channel shift’ project had worked and these figures highlighted areas where greater external communication was required.
2.3 The next steps for the project was to assess user journeys, tidy content and prepare the wireframes. These were all on target for early 2020.
1 Page 271 ITDTAC 011119 Resolved:
That the Update be received and noted.
Remote Working Capacity (Stress) Test
3.1 The IT Operations Manager introduced the report. He confirmed that over half the Council had been set up to work remotely. On a standard day there would be approximately thirty people using the system. All officers were encouraged to work from home on a specific day to test the robustness of the system in advance of Brexit. Users peaked at eighty with only one user being unable to access the system, this was due to unfamiliarity with the system. Moving forward, a user survey would be undertaken to ascertain how the system had faired during the test.
3.2 In response to questions, the IT Operations Manager advised that they were in the process of moving staff over to Office 365. There had been some initial teething problems which were being resolved before this was implemented more widely. Microsoft Teams was also being trialled before a wider implementation.
Resolved:
That the Report be received and noted.
Digital Inclusion Event
4.1 The Customer Service & Digital Project Manager drew attention to the upcoming Digital Inclusion Event. There would be two sessions on the day, the first being a drop in with people on hand to assist with any digital queries, such as online shopping, banking or emails. The second session was to be run by Barclays and themed on staying safe online. Advertisement for the event had been wide reaching.
Local Digital Declaration
5.1 The Customer Service & Digital Project Manager advised that as part of a collective, the Council had applied for funding however had been unsuccessful. There had been sixty applications with only seven successful, three of these were alpha projects with four for discovery. The collective group were still keen to continue the project and were investigating other funding streams.
Digital Declaration Web Page
6.1 The Customer Service & Digital Project Manager gave an overview of the Digital Declaration Web Pages. These would include vlogs, and information on projects including lessons learnt. It was hoped that with time there would
Page 2272 ITDTAC 011119 be a wide range of blogs, from officers to residents on a range of topics. The web pages would be launched during December.
Report Tracker & Future Meetings
7.1 The Member Services Officer provided a brief update on the Modern.Gov project and advised that the Drop In Sessions had proven successful, and these would be continued into the new year. Councillors were becoming more confident with both Modern.Gov and iPads, support would be available throughout the four year term should it be required. Discussion was had regarding the utilisation of the Web Library for member training documents.
7.2 Attention was drawn to the cost savings, in particular the significant reduction in printing costs since Modern.Gov had been introduced and the efficiency saving since the digitisation of the Flytipping process. The Committee were encouraged by these savings and the work undertaken to achieve these.
7.3 The following items were added to the Tracker:
Digital Inclusion Event – Wash Up – January Digital Declaration Web Pages – January An overall update on the digital project – March
Resolved:
That the Report Tracker & Future Meetings be received and noted.
______Queries concerning these minutes? Please contact Member Services on 01233 330499 or [email protected] Agendas, Reports and Minutes are available on: www.ashford.moderngov.co.uk
Page3 273 This page is intentionally left blank Agenda Item 21
Agenda Item No. 21
Cabinet
28th November 2019
Terms of Reference of the Economic Regeneration and Investment Board (ERIB)
At the meeting of the Economic Regeneration and Investment Board (ERIB) held on 11th September 2019, the Board considered a draft Terms of Reference. Members agreed the Terms of Reference subject to some minor re-wording and the addition of a sixth Member.
The agreed version of the Terms of Reference is appended to this report. The purpose of this report is to ask the Cabinet to formally agree this document so the Terms of Reference can be added in to the Council’s Constitution and for the Cabinet to note the addition of Councillor Neil Bell, Portfolio Holder for Finance and IT, as the sixth Member of ERIB.
Issue to be Decided
Members are asked to agree: -
(i) That the draft Terms of Reference of the Economic Regeneration and Investment Board (ERIB) (as appended to this report) be agreed.
(ii) The appointment of Councillor Neil Bell as the sixth Member of the Economic Regeneration and Investment Board be noted.
Danny Sheppard Member Services Manager (Operational)
Page 275 Economic Regeneration and Investment Board (To be known as ERIB)
Membership
ERIB will consist of 6 Members as follows:
(a) 5 Members of the Cabinet (as appointed by the Leader and reported to Council).
(b) 1 Member of the Council from outside the Cabinet (as appointed by the Leader and reported to Council).
A quorum will be 3 Members. Each Member will have the ability to appoint Substitutes as necessary. Notice of Substitution shall be given at the commencement of the Meeting. It is the responsibility of the Member appointing the Substitute to ensure that the Substitute is fully briefed on those matters to be discussed at the Meeting they are to attend.
Meetings
ERIB Meetings will be convened as necessary following identification of suitable investment opportunities or as regularly as needed to understand, or aid, the progress of development opportunities that assist and support the Council’s strategic objectives.
The views of ERIB may be required at short notice and where a quorum cannot be arranged in the timescale required, the views of ERIB Members will be sought by email. Timescales for responses will be set out in the originating email.
Background
ERIB has been set up in order to drive investment and increase the Council’s financial self-sufficiency. The Board will advise on the implementation of the Council’s agreed Commercial and Investment Strategies (to follow) by appraising individual investment decisions and development schemes. It is anticipated that as a result of the activities undertaken by ERIB the following outcomes will occur: -
• That the Council may acquire and hold properties for the rental income stream they produce. Where development opportunities become apparent these will be sold, or developed on a case by case basis.
• That the Council may dispose of properties held for the rental income stream they produce in order that the capital receipt resulting can be reinvested in purchasing alternative investment properties, unless the Council deems development by the Council the best option to achieve the Council’s objectives.
Page 276 • That the Council identify and take advantage of opportunities for the development and disposal of Council land and property assets. The aim will be to assist the Council’s budget position through increased income revenue, whilst providing effective budget management of the Council’s assets to deliver the best possible value for money.
Terms of Reference
1. ERIB will consider, review and provide an opinion on property and investment opportunities (the purchase or development of properties or sites for investment purposes). Its decisions are given effect under the Council’s Constitution by the Head of Corporate Property and Projects acting under delegated authority with an annual budget allocation of £2m. This amount is approved as part of the Annual Capital Budget report to Full Council. Investments should meet the following criteria:
(a) The investment provides a regular income with the net initial yield exceeding a minimum level of which the Director of Finance and Economy is agreeable, taking into account the prevailing 25 year PWLB fixed maturity rate, after taking into account all likely costs associated with the acquisition or development.
(b) That the purchases or development will be from the retail, industrial, commercial, green technology and any other conventional business sectors; and
2. ERIB will consider, review and provide an opinion on investment properties proposed for disposal or development as advised by the Head of Corporate Property and Projects.
3 ERIB will also consider, review and provide an opinion on the Council’s land and property assets for both development and, in certain circumstances, disposal. This will involve receiving briefings concerning residential and commercial development opportunities and needs within the Borough. This will include understanding known, or expected developments by others which may affect timelines of Council proposals.
4. Depending on the site, its extent and the proposals, consideration shall be given as to whether any of the following are required: -
• Intrusive site surveys • Title indemnity insurance • Detailed build cost • Pre-application information where no planning permission
A detailed due diligence, technical and legal matters checklist is also available on request.
5. Minutes of ERIB Meetings will be taken by an Officer from Member Services and be referred to the next available Cabinet meeting for information/decision.
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6. ERIB will consider and review reports on the commercial property and investment assets of the Council not less than twice a year and any reports of a similar nature that are requested by Cabinet or the Overview and Scrutiny Committee.
Page 278 Agenda Item 22 Agenda Item No: 22
Report To: CABINET
Date: 28TH NOVEMBER 2019
Report Title: SCHEDULE OF KEY DECISIONS TO BE TAKEN
Report Author and Danny Sheppard, Member Services Manager (Operational) Job Title:
Portfolio Holder: Portfolio Holders are individually specified in the attached Schedule.
Summary: To set out the latest Schedule of Key Decisions to be taken by the Cabinet of Ashford Borough Council.
Key Decision: NO
Significantly Where appropriate, individual Wards are indicated. Affected Wards:
Recommendations That the Cabinet receive and note the latest Schedule of Key Decisions.
Policy Overview: Under The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, there is no longer a legal requirement to publish a Forward Plan of Key Decisions, however there is still a requirement to publish details of Key Decisions 28 clear days before the meeting they are to be considered at. The Council maintains a live, up to date rolling list of decision items on the Council’s website, and that list will be presented to the Cabinet each month, in its current state, for Members’ information.
Financial Nil Implications:
Legal Implications: n/a
Equalities Impact n/a Assessment
Other Material Nil Implications:
Exempt from No publication:
Background None Page 279 Papers:
Contacts: [email protected] – Tel: 01233 330349
Page 280 CABINET SCHEDULE OF KEY DECISIONS TO BE TAKEN
The following Key Decisions will be taken by Ashford Borough Council’s Cabinet on the dates stated.
Ashford Borough Council’s Cabinet is made up of: - Councillors Gerry Clarkson; Paul Bartlett; Bill Barrett; Neil Bell; Andrew Buchanan; Paul Clokie; Peter Feacey; Jo Gideon; Alan Pickering; and Neil Shorter.
Copies of the reports and any other relevant documents that are submitted to the Cabinet in connection with a proposed decision will be available for inspection, or on screen, five clear days before the decision date at the Civic Centre, Tannery Lane, Ashford and at The Town Hall, 24 High Street, Tenterden, during opening hours, or at https://ashford.moderngov.co.uk
Decision Item Report Summary Relevant Report Author Open or Added to Page 281 Page Portfolio Exempt Schedule Holder 28th November 2019
Corporate Performance To give Members and residents an overview of Cllr Bell Tom Swain Open 9/11/18 Report how the council is performing with a key performance ‘snapshot’.
Financial Monitoring – Quarterly budget monitoring report. Cllr Bell Maria Stevens Open 9/11/18 Quarterly Report
Medium Term Financial To ask Cabinet to note the Medium Term Cllr Bell Maria Stevens Open 9/11/18 Plan Financial Plan ahead of this year’s Budget process.
Decision Item Report Summary Relevant Report Author Open or Added to Portfolio Exempt Schedule Holder Draft Budget 2020/21 To present the preliminary draft service budget Cllr Bell Maria Stevens Open 7/12/18 and outline MTFP for the purposes of subsequent formal scrutiny by the O&S Task Group and public consultation.
Council Tax Base To present for approval the estimated 2020/21 Cllr Bell Maria Stevens Open 7/12/18 2020/21 Council tax base calculation for the Borough and each parished area, on which the major preceptors and local Parish Councils will base
Page 282 Page their requirements.
Homelessness To provide information since the introduction of Cllr Barrett Sharon Williams / Open 4/10/19 Reduction Act 2017 new homelessness legislation in April 2018, Ray O’Shea [Implementation & confirm current levels of activity since its Current Position] implementation, and recommend an Action Plan to further reduce existing levels of households in temporary accommodation. Also to update members on the delivery of the new legal duties, outline the current position and impact of the changes, and seek approval for adjustments to the staff structure to ensure better and effective service delivery.
Street Trading Policy To propose a small revision to the existing Cllr Gideon Trevor Ford Open 16/8/19 Amendment policy to clarify the council’s position regarding trading on private land adjacent to the street.
Decision Item Report Summary Relevant Report Author Open or Added to Portfolio Exempt Schedule Holder Statement of Licensing To outline the results of the statutory Cllr Gideon Trevor Ford Open 16/8/19 Policy consultation, which ends 31 October 2019, and to present any further revisions to the Policy where deemed appropriate.
Community Connection To update Members on the community Cllr Gideon Sarah Richards/ Open 16/9/19 connection scheme and secure funding to Alison Oates increase the number of buses and expand provision to additional Parish Councils.
Adoption of the To seek endorsement of the Rolvenden Cllr Shorter Ian Grundy Open 2/10/19 Page 283 Page Rolvenden Neighbourhood Plan and recommend Neighbourhood Plan it is formally ‘made’ by Full Council.
Ashford Borough The review has highlighted where we can Cllr Buchanan Joanne Burns/ Open 29/10/19 Council Cemetery make alterations in our provisions to better Tracey Butler Provision; challenges serve our residents and make adjustments to and Solutions accommodate short term anticipated capacity need. It has also highlighted the position for other nearby Local Authorities which impacts on our capacity. The report assesses potential issues and considers suggested remedies.
Decision Item Report Summary Relevant Report Author Open or Added to Portfolio Exempt Schedule Holder 19th December 2019
Creative Chilmington - Cllr Feacey Chris Dixon Open 6/9/19 Strategy Endorsement
In-House Environmental To propose the structure and activities to be Cllr Buchanan Mark Goodman Open 30/9/19 Crime Team undertaken by an in-house uniformed environmental crime enforcement team for a two year trial (with options appraisal). This
Page 284 Page would enable the Council to utilise those powers available to it to deal with a range of waste offences. The team will to target offenders of serious waste crimes, conduct inspections and litter enforcement.
Adoption of village To adopt the proposed village envelope Cllr Shorter Daniel Carter Open 3/10/19 envelope boundary boundaries for development management maps – Challock purposes.
Strategic Acquisition Cllr Clokie Jo Fox Exempt 3/10/19
Jasmin Vardimon – Cllr Feacey Christina Fuller Open 7/11/19 Pilot Business Rate Pool
Decision Item Report Summary Relevant Report Author Open or Added to Portfolio Exempt Schedule Holder Proposed Continuation Cllr Barrett Anne Forbes Open 28/10/19 of Planned Refugee Resettlement Beyond End of Current Vulnerable Persons Resettlement Scheme
Parking Charges Cllr Gideon Alison Oates Open 30/10/19 Review
Automatic Number Cllr Gideon Mandy Cracknell Open 1/11/19 Page 285 Page Plate Recognition (Exempt (ANPR) Appendix)
30th January 2020
Revenues & Benefits Proposed formal write-off of debts Cllr Bell Nic Stevens Open 11/1/19 Recommended Write- (Exempt Offs Schedule Appendix)
Corporate Plan – Cllr Clarkson Lorna Ford/ Open 11/3/19 Approval to Commence Jennifer Shaw Consultation on Draft Corporate Plan 2020
Council Tax Reduction Cllr Bell Maria Stevens Open 28/10/19 Scheme
Decision Item Report Summary Relevant Report Author Open or Added to Portfolio Exempt Schedule Holder 27th February 2020
Revenue Budget To present the draft revenue budget for Cllr Bell Maria Stevens Open 15/2/19 2020/21 2019/20 to the Cabinet for recommendation to Council.
Financial Monitoring – Quarterly budget monitoring report Cllr Bell Maria Stevens Open 15/2/19 Quarterly Report
Page 286 Page Corporate Performance The report seeks to give Members and the Cllr Bell Tom Swain Open 9/2/18 Report Borough’s residents an overview of how the Council is performing. It seeks to do this in a transparent and easily-accessible manner, giving a key performance ‘snapshot’.
26th March 2020
Annual Pay Policy A review of the annual Pay Policy Statement Cllr Pickering Michelle Pecci/ Open 15/3/19 Statement (Including and Ashford Living Wage Allowance Joy Cross Review for 2020/21)
Bockhanger Cllr Barrett Rebecca Wilcox Open 30/10/19 Consultation – Outcomes
30th April 2020
Decision Item Report Summary Relevant Report Author Open or Added to Portfolio Exempt Schedule Holder 28th May 2020
Corporate Plan - Report Cllr Clarkson Lorna Ford/ Open 11/3/19 on Consultation Jennifer Shaw Findings and Approval to Publish Corporate Plan 2020
25th June 2020
Final Outturn 2019/20 Final budget outturn for previous financial year. Cllr Bell Maria Stevens Open 14/6/19 Page 287 Page Corporate Performance To give Members and residents an overview of Cllr Bell Tom Swain Open 14/6/19 Report (Quarter 4) and how the council is performing with a key Annual Performance performance ‘snapshot’ and the Annual Report Report 2019/20 will build upon the contents of quarterly performance monitoring, but will also include the following information – An Introduction from the Leader and Chief Executive; Facts and figures about Ashford; Timeline of key achievements in the Borough over the calendar year; Borough achievements; and a Financial Summary.
30th July 2020
Revenues & Benefits Proposed formal write-off of debts Cllr Bell Nic Stevens Open 12/7/19 Recommended Write- (Exempt Offs Schedule Appendix) Decision Item Report Summary Relevant Report Author Open or Added to Portfolio Exempt Schedule Holder 27th August 2020
KEEP CLEAR FOR HOLIDAYS
24th September 2020
Financial Monitoring – Quarterly budget monitoring report Cllr Bell Maria Stevens Open 13/9/19 Quarterly Report
Page 288 Page Corporate Performance To give Members and residents an overview of Cllr Bell Tom Swain Open 13/9/19 Report how the council is performing with a key performance ‘snapshot’.
Corporate Commercial To advise of the revenue performance of the Cllr Clokie Paul McKenner Open 13/9/19 Property Strategy – Council’s corporate property portfolio during Annual Report the last financial period and to advise of proposals to increase profitability in the coming financial period.
Section 106 Focus on s106 contributions received in the Cllr Shorter Tim Naylor Open 13/9/19 Agreements – Annual last year, contributions secured in new Progress Report agreements and projects that have been supported by s106 funding.
29th October 2020
If you wish to contact a Report Author by email, unless stated otherwise, the addresses are; first [email protected]
20/11/19
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