confirmed
Minutes of the Cabinet Meeting held in the Deben Conference Room, East Suffolk House, Riduna Park, Melton on Tuesday 10 July 2018 at 6.30 pm
Members of Cabinet present: R Herring (Leader), A Fryatt, S Gallant, T-J Haworth-Culf, R Kerry, S Lawson, A Smith.
Other Members present: C Blundell, A Cooper, P Dunnett, J Fisher, S Harvey.
Officers present: S Baker (Chief Executive), K Blair (Head of Operations), K Cook (Democratic Services & Cabinet Business Manager), M Edgerley (Principal Planner), P Gore (Head of Environmental Services & Port Health), T Howarth (Principal Environmental Health Officer), R Jacobs (Port Health Manager), A Jarvis (Strategic Director), Andrea McMillan (Principal Planner), D Reed (Planning Policy & Delivery Manager), P Ridley (Head of Planning & Coastal Management), L Rogers (Finance Manager).
1. Apologies for Absence
Apologies for absence were received from Councillor Holdcroft and Councillor Poulter.
2. Declarations of Interest
Councillor Herring declared a Disclosable Pecuniary Interest in respect of agenda item 8, Suffolk Coastal District Council Local Plan – First Draft Local Plan. Councillor Herring left the meeting for this item.
3. Minutes
It was proposed, seconded and unanimously
RESOLVED
That the Minutes of the Cabinet Meeting held on 5 June 2018 be approved as a correct record and signed by the Chairman.
4. Announcements
Councillor Herring stated that, having declared a Disclosable Pecuniary Interest, he had appointed Councillor Kerry to chair the meeting in his absence, for agenda item 8, Suffolk Coastal District Council, First Draft Local Plan.
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Councillor Smith announced that, on 17 July 2018, he would be attending the House of Lords Select Co ittee o ‘ege erati g “easide To s .
5. Amendment to the Licensing of Houses in Multiple Occupation
Cabinet received report CAB 24/18 by the Cabinet Member with responsibility for Housing which set out changes introduced by the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018. The changes would bring smaller properties into the scope of licensing with the potential for a significant increase in the number of licenses issued by the Council. The report set out the reasons behind the changes and reviewed information pertaining to the local situation. Cabinet was advised that delegated authority was sought for the signing and service of licences for Houses in Multiple Occupation to the Principal Environmental Health Officer. Cabinet was further advised that delegated authority was sought to reduce the licence period for Landlords that did not meet the initial deadline of 1 October 2018 for submission of applications. It was recommended that the Principal Environmental Health Officer be granted delegated authority to sign and serve Notices in relation to the imposition of Civil penalties that was the subject of a Cabinet report in September 2017.
Cabinet was advised that, working from historic information, rent deposit guarantee information, Council Tax data and information from landlords and lettings agents, the best estimate at this stage was an increase of between 200 and 300 HMO properties across East Suffolk. Promotion of the changes had begun and would continue.
Cabinet welcomed the changes introduced by the Order.
It was proposed, seconded and unanimously
RESOLVED
(1) That Cabinet delegates to the Principal Environmental Health Officer (Private Sector Housing) the authority to sign and issue licences under the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018. (2) That Cabinet delegates to the Principal Environmental Health Officer (Private Sector Housing) the authority to sign and serve Civil Penalty Notices under section 249A of the Housing Act 2004 in pursuance of financial penalties and that review of decisions be undertaken by the Head of Service or equivalent. (3) That Cabinet approves the proposal to reduce the licence period from five years to a lesser period of between one and three years where landlords do not meet the deadlines of 1 October 2018 for submission of applications.
6. Public Space Protection Order – Felixstowe Beach Dog Controls
Cabinet received report CAB 25/18 by the Cabinet Members with responsibility for Community Health and the Green Environment which advised that in November 2017 Cabinet considered a report on the introduction of a number of Public Space Protection Orders (PSPOs) under the Anti- Social Behaviour Crime and Policing Act 2014 to deal with dog related matters.
Cabinet was advised that one of the draft PSPOs, which was subject to public consultation, related to a dog ban on Felixstowe Beach over the summer months. In response to that consultation Felixstowe Town Council asked for an alternative proposal to be considered and Cabinet agreed a further lo al o sultatio to test lo al opi io o the To Cou il s alter ative proposal. 7
Cabinet was advised that the report provided the results of the consultation and sought Cabinet approval for the adoption of the original draft PSPO attached as Appendix A. At this point the Cabinet Member with responsibility for Community Health reported that he would be proposing a slightly different recommendation to that contained within the report, this followed the advice of the Cou il s Legal Tea .
The Cabinet Member with responsibility for Customers, Communities and Legal stated that she welcomed the report; it was, she said, a good example of where the Council had listened to local people; she thanked those who had responded to the consultation exercise.
The Cabinet Member with responsibility for Coastal Management referred to the map that accompanied the Order and stated that there were more up to date maps available; he added that it was important that the current groynes appeared and were referenced. This was agreed.
Following a question from Councillor Dunnett, Ward Member for Saxmundham, regarding prosecution, it was confirmed that a breach of a PSPO could be dealt with by way of a Fixed Penalty Notice rather than prosecution which could be time consuming and expensive. Further, a PSPO would remain in force for a period of three years after which it must be reviewed and re-made or it would cease to have effect.
RESOLVED
That the draft Public Space Protection Order excluding dogs from the designated area of Felixstowe Beach from 1 May to 30 September, as set out in Appendix A to report CAB 25/18, be adopted, subject to the following amendments –
Paragraph , last li e, restri tio s to e re o ed a d repla ed ith prohi itio s .
Paragraph 5 to be amended to read – I pursua e of se tio of the A t, the Cou il therefore prohibits dogs in the Restricted Area, as shown on the attached plan, for the period commencing 1st May and ending 30th “epte er i lusi e ea h ear.
The plan to be replaced with a more up to date plan that clearly shows and references the groynes.
7. Financial Year Outturn 2017/2018
Cabinet received report CAB 26/18 by the Cabinet Member with responsibility for Resources which provided an overview of the Cou il s fi a ial perfor a e for / i respe t of the Ge eral Fund, Reserves, the Capital Programme and Collection Fund. The Cabinet Member for Resources, after thanking the Finance Team for its hard work and support, stated that for 2017/18 the Council achieved an overall surplus outturn position of £1.389m; £840k from Business Rates income, and £ due to sa i gs a d additio al i o e o the Cou il s et e pe diture. Cou illor La so was pleased to report that this outturn position for 2017/18 placed the Council in a strong position, jointly with Waveney District Council, to be able to address the forecast opening budget gap for the new East Suffolk Council in 2019/20 - £3.592m, as at February 2018. As at 31 March 2 the ala e o the Cou il s Ear arked ‘eser es stood at appro i atel £ , a i rease of £3.7m.
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In response to a question regarding the movement in 2017/18 on the Business Rates Collection Account, it was explained that the Business Rates Collection Fund was the Account whereby the Council recorded the income from Business Rates and the distribution of that income between the District Council, the County Council and Central Government. Due to a timing difference between when the income fell due from business rate payers and when it was recognised under accepted accounting practices, this could create large in-year movements on the Business Rates Collections.
The Leader echoed the words of the Cabinet Member with responsibility for Resources, stating that this was an excellent outturn position; in addition to the surplus there was considerable resource to deliver the services that the Council wished to deliver for its residents. Together with Waveney District Council, this was a very positive position for the two councils going forward.
RESOLVED
(1) That the details of the draft outturn position for 2017 / 18 together with Reserves and Balances as at 31 March 2018 be noted. (2) That the audited Statement of Accounts will be submitted for approval to the Audit and Governance Committee on 24 July 2018 be noted. (3) That the individual budget carry forward requests in excess of £15,000, as listed in Appendix C, be approved. (4) That £ , fro the outtur surplus for / to e set aside for Cele rati g “u ess of “uffolk Coastal Distri t Cou il tra sfer fro the I -Year Savings Reserve to the Carry Forward Reserve in 2018/19) be approved. (5) That the use of the Benefits Verification Reserve in 2018/19 to fund costs to the Council associated with the migration of the Revenues and Benefits system for East Suffolk be approved. (6) That up to £100,000 use of the 20% increase in planning fees in 2018/19 to support consultancy costs associated with the Felixstowe Leisure Centre redevelopment project be approved. (7) That use of the In-Year “a i gs ‘eser e to fu d the Cou il s o tri utio to the “uffolk Office of Data and Analytics (SODA) of £20k per annum in 2018/19 and 2019/20 be approved.
At this point, having declared a Disclosable Pecuniary Interest, Councillor Herring left the meeting.
8. Suffolk Coastal District Council Local Plan – First Draft Local Plan
Cabinet received report CAB 27/18 by the Cabinet Member with responsibility for Planning.
Cabinet was advised that the Suffolk Coastal District Council First Draft Local Plan had been prepared for public consultation. The document took into account the responses received following the previous Issues and Options consultation as well as direct input from town and parish ou ils a d ke stakeholders. The Cou il s Lo al Pla Worki g Group had overseen the preparation of the First Draft Local Plan.
It was reported that the First Draft Local Plan set out the level of growth which needed to be planned in Suffolk Coastal and identified where that growth should be located and how it should be delivered. Planning policies which the Council would use to determine planning applications in the area were also included. 9
The Ca i et Me er ith respo si ilit for Pla i g dre Ca i et s atte tio to the adde du which had been circulated to all Members on 8 July 2018; this largely related to responses received in relation to sites during the Issues and Options consultation – a number of these responses were unfortunately omitted from the Cabinet report. Councillor Fryatt stated that his recommendation would be amended to reflect the addendum. In conclusion, and importantly, Councillor Fryatt stated that he ished to dra to Ca i et s atte tio the a e draft poli ies within the draft Plan, as well as the sites.
At the invitation of the Cabinet Member with responsibility for Planning, the Principal Planner, at this point, gave a presentation which included the following points:
Issues and Options Consultation document published August – October 2017; during the consultation officers held seven drop in sessions at various locations across the district. Officers held 57 meetings and 1- 1s with town / parish councils during the consultation. The consultation generated in excess of 6000 comments from approximately 640 organisations, stakeholders and individuals. Progress Since Issues and Options The consultation responses were analysed and reported to the Suffolk Coastal District Council Local Plan Working Group; the Group had been using consultation responses and evidence base documents to consider emerging policies and site allocations. Representatives from towns were invited to a session with the Local Plan Working Group and positive discussions at the Group informed the First Draft Local Plan for consultation. First Draft Local Plan Document The First Draft Local Plan was comprehensive and included strategy and site allocations; it sought to promote ambitious economic growth, infrastructure provision and delivery of appropriate housing. It also identified relationships with neighbouring authorities. The Plan was based strongly on the East Suffolk Business Plan and was supported by a robust and credible evidence base; it was informed by a Sustainability Appraisal and Habitats Regulations Assessment Screening had been undertaken. Vision The Vision, which the Working Group had spent some time developing, was for the future growth of Suffolk Coastal to contribute to and enhance sustainable settlements with appropriate economic opportunities, new homes, retail and leisure provision and supported by upgraded infrastructure. First Draft Local Plan The First Draft Local Plan outlined the wider strategic issues and cross boundary relationships with neighbouring authorities and provided a strategy and spatial distribution for Suffolk Coastal, influenced by the East Suffolk Business Plan and based on an ambitious housing target for the district, with potential developments in Saxmundham, Felixstowe and rural areas. The Plan aimed to facilitate economic growth with land for employment purposes to deliver at least 7,220 jobs over the Plan period. In respect of the housing requirement, the global target was at least 10,900 new dwellings over the Plan period, which equated to 545 dwellings per annum. Provision of infrastructure to support growth would be key and there would be policies relating to Economy, Housing, Tourism, Community Facilities and Assets, Climate Change, Natural Environment, and Built Environment. The Plan included visions and policies for specific areas and site allocations were also included, including the relationship with Neighbourhood Plans, Garden Neighbourhoods, and residential and employment allocations.
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North Felixstowe / South Saxmundham Garden Neighbourhoods The First Draft Local Plan proposed two garden neighbourhoods at Felixstowe and Saxmundham. Opportunities existed through land allocations to follow the principles of Garden Cities as Garden Neighbourhoods which would provide generous provision of green spaces, a range of local facilities including schools, shops, meeting places and other community spaces alongside opportunities for recreation, walking and cycling. The variety of green spaces and community facilities would be supported by employment opportunities and a wide choice of new housing to meet a range of needs supported by the most up to date digital infrastructure. It was emphasised that the master plans were indicative at this stage. Cabinet was advised that, in respect of Saxmundham, alternative options were considered. Based on consultation responses received to the Issues and Options Consultation, the scale of the alternative option to the east of Saxmundham was not considered sufficient to deliver the level of development envisaged in the proposed strategy for growth in the District. Following the publication of the Cabinet papers, the landowners east of Saxmundham had confirmed that a larger area of land was available and they considered that the Council misinterpreted the Issues and Options consultation responses. Officers advised that the appropriate time to consider this new information was through the forthcoming consultation. A copy of the text of the relevant representation and the response to it, as set out in the Cabinet papers, were circulated to Cabinet Members in hard copy for clarity. Drop in Sessions Consultation plans and drop in sessions were highlighted, with dates, times and venues provided. Future Timetable Consultation would end on 14 September 2018. During the autumn / winter period consultation responses would be considered by the Local Plan Working Group with the first draft Local Plan being revised following the responses. Further evidence would be prepared if required and the final draft Plan would be approved by Full Council. Publication of the final draft Local Plan for representations relating to soundness would take place during January / February 2019 with submission of the document to the Planning Inspectorate in March 2019. The Examination in Public would take place during summer 2019.
At this point the Cabinet Member with responsibility for Planning reinforced that this stage in the process was all about consultation; he very much welcomed the proposed 1-1s and drop in sessions, stating that he was pleased that these had been built into the programme.
The Cabinet Member with responsibility for Customers, Communities and Leisure referred to the consultation process taking place during the summer period and stated that the Council, including all Members, should provide reminders as appropriate. Councillor Haworth-Culf referred to her ward, Aldeburgh, and that young people in particular found it very difficult to purchase a home; she hoped that the Council would do all that it could to address this. Commenting on second home owners she stated that, in Aldeburgh, they did bring employment all year round. The Cabinet Member with responsibility for Planning echoed these concerns.
The Cabinet Member with responsibility for Coastal Management outlined a number of suggested changes to the draft Plan, prior to public consultation beginning. These were noted by officers and it was agreed that the draft would be amended accordingly.
Councillor Cooper, Ward Member for Leiston, referred to the huge amount of work that had been undertaken, both by Members and Officers; he stated that work could continue but, he felt, it was now time to take the draft Plan forward to consultation. 11
At this point Cabinet gave its thanks to all Members and Officers who had worked hard to produce the First Draft Local Plan before Cabinet.
RESOLVED
(1) That the First Draft Local Plan be agreed for public consultation, including revisions relating to Tables 3.3, 3.5 and 5.1 and text to Policy SCLP12.65 as set out on pages 2 and 3 of the Addendum to report CAB 27/18 (2) That public consultation is undertaken for a period of eight weeks from Friday 20 July until Friday 14 September 2018. (3) That delegated authority be given to the Head of Planning and Coastal Management, in consultation with the Cabinet Member for Planning, to make minor editing changes for clarity and consistency to the document prior to public consultation. (4) That delegated authority is given to the Head of Planning and Coastal Management, in consultation with the Cabinet Member for Planning, to approve the Habitat Regulations Report on the first Draft Local Plan prior to public consultation.
At this point, Councillor Herring returned to the meeting.
9. Exempt / Confidential Items
It was proposed, seconded and unanimously
RESOLVED
That, under Section 100(a)(4) of the Local Government Act 1972 (as amended), the public be excluded from the Meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act.
10. Review of Port Health Service
Cabinet received report CAB 28/18 by the Cabinet Member with responsibility for Community Health. This item is recorded as a separate exempt minute.
11. Recycling Credits: Proposal for a new Inter Authority Agreement from Suffolk County Council from 2019 Cabinet received report CAB 29/18 by the Cabinet Member with responsibility for the Green Environment. This item is recorded as a separate minute.
The Meeting concluded at 8.23 pm.
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