Agenda, decisions and minutes

Cabinet - Tuesday, 13th October, 2020 2.00 pm

Venue: Virtual Meeting - This meeting is being held remotely using Skype for Business

Contact: Email: Democracy@southkesteven.gov.uk 

Items
No. Item

1.

Register of attendance and apologies for absence

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    Minutes:

    All Cabinet Members were present.

2.

Minutes of the previous meeting pdf icon PDF 261 KB

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    Minutes of the meeting held on 8 September 2020.

    Minutes:

    The minutes of the meeting held on 8 September 2020 were agreed as a correct record of the decisions taken.

     

    In response to a question it was confirmed that an all Member briefing would be held on 21 October 2020 to discuss leisure provision in the district.  This would be followed by a meeting to look specifically at the proposals fo the Deepings Leisure Centre.

3.

Disclosure of Interests (if any)

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    Minutes:

    None disclosed.

4.

Review of Public Space Protection Orders pdf icon PDF 434 KB

    Report from the Cabinet Member for Commercial and Operations.

    Additional documents:

    Decision:

    Decision:

    1.    Cabinet notes the results of the public consultation on the extension of the existing Public Space Protection Orders and proposed Public Space Protection Order to control dogs at The Spinney, Market Deeping Cemetery.

    2.    Cabinet approves the Public Space Protection Orders relating to dog fouling and the requirement for dogs to be placed on leads on order of an officer for a 3 year period from 20 October 2020.

    3.    Cabinet approves the Public Space Protection Order relating to alcohol control for a 3 year period from 20 October 2020.

    4.    Cabinet approves the Public Space Protection Order excluding dogs from enclosed children’s play areas for a 3 year period from 20 October 2020. 

    5.    Cabinet approves the implementation of a new Public Space Protection Order requiring dogs to be kept on leads of no more than 1 metre in length in The Spinney, Market Deeping Cemetery for a period of 3 years from 20 October 2020.

     

    Considerations/reasons for decision:

    ·         The report from the Cabinet Member for Commercial and Operations on the review of the Public Space Protection Orders.

    ·         The Anti-social Behaviour, Crime and Police Act 2014.

    ·         The requirement to review Orders every three years.

    ·         A request from Market Deeping Town Council to consider the implementation of a new Public Space Protection Order to require dogs to be kept on leads in an enclosed area of Market Deeping Cemetery known as The Spinney.

    ·         Endorsement of the proposals by the Environment Overview and Scrutiny Committee at its meeting on 21 July 2020 and recommendation to Cabinet that public consultation be undertaken in respect of the existing and proposed Orders

    ·         A four-week consultation undertaken between 14 August 2020 and 11 September 2020 which demonstrated wide support with the extension of the existing Orders.

    ·         Support for Public Space Protection Orders from Lincolnshire Police.

    ·         The initial equality impact assessment attached as Appendix 4 to the report of the Cabinet Member for Communities

     

    Other options considered:

    1)    The existing Orders could be allowed to expire.  This would remove the ability to enforce against the matters covered by the Orders.

    2)    Cabinet may determine that the legal test had not been met in respect of some or all of the Orders. In this case the Order(s) should not be extended/approved.

    3)    If as a result of the consultation, changes to the draft Orders are proposed further consultation would be necessary.

    Minutes:

    The Cabinet Member for Commercial and Operations presented the report on the statutory requirement to review Public Space Protection Orders (PSPOs) every three years.  He stated that Public Space Protection Orders were an efficient tool to be used to tackle anti-social behaviour.  The Council’s PSPOs covered dog control and anti-social behaviour relating to alcohol in designated public spaces.  The only changes proposed to the Orders related to the realignment of boundaries to coincide with the Council’s Ward boundaries,  which had been changed since the PSPO’s were put in place.  A representation had been received from Market Deeping Town Council to include The Spinney at Market Deeping within a PSPO.

     

    A four-week consultation had been undertaken as required by the Anti-social Behaviour, Crime and Policing Act 2014 including the proposal for The Spinney at Market Deeping. The consultation showed support for the original PSPOs including the proposal for The Spinney at Market Deeping.

     

    On being put to the vote it was AGREED that Cabinet:

     

    1)     Notes the results of the public consultation on the extension of the existing Public Space Protection Orders and proposed Public Space Protection Order to control dogs at The Spinney, Market Deeping Cemetery.

    2)          Approves the Public Space Protection Orders relating to dog fouling and the requirement for dogs to be placed on leads on order of an officer for a three year period from 20 October 2020.

    3)          Approves the Public Space Protection Order relating to alcohol control for a three year period from 20 October 2020.

    4)          Approves the Public Space Protection Order excluding dogs from enclosed children’s play areas for a three year period from 20 October 2020. 

    5)          Approves the implementation of a new Public Space Protection Order requiring dogs to be kept on leads of no more than 1 metre in length in The Spinney, Market Deeping Cemetery for a period of three years from 20 October 2020.

     

5.

Community Funding pdf icon PDF 392 KB

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    Report from the Cabinet Member for Communities.

    Additional documents:

    Decision:

    Decision:

    1.    Cabinet approves the changes to the SK Community Fund relating to eligibility, maximum grant allowed and the capping of the claiming period for awards to one year as per the amended grant criteria appended at Appendix A to the report of the Cabinet Member for Communities subject to parish and town councils being included within the eligibility criteria.

    2.    Cabinet approves the proposals to update the approach for future grant awards from 2021/22 onwards as outlined at 1.26 of the Cabinet Member for Communities report.

    3.    Cabinet delegates authority to the Strategic Director, Commercial and Operations, in consultation with the Cabinet Member for Communities, to finalise arrangements with the Lincolnshire Community Foundation/similar groups and, if appropriate, to enter into an agreement on behalf of the Council for a proportion of the budget allocated to the SK Community Fund to be utilised to enable greater pound-for-pound matching of grant funding.

     

    Considerations/reason for decision:

    ·         Report from the Cabinet Member for Communities on Voluntary and Community Group Funding, including the criteria, application process and conditions of funding set out at Appendix A to the report.

    ·         The Council currently had three funding streams; SK Community Fund, Ward Member Scheme and Foodbank Support Fund. LotterySK also provided a platform for groups to raise money through lottery ticket sales.

    ·         Feedback from the Rural and Communities Overview and Scrutiny Committee at a workshop on 27 July 2020 and its meeting on 10 September 2020.

    ·         Arrangements for the operation of the Community Fund from its inception in 2015 until March 2020.

    ·         The role played by the Community and Voluntary Sector throughout the Covid-19 response period.

    ·         The introduction of a new category in relation to the areas of priority in relation to mental wellbeing, loneliness and social and rural isolation.

    ·         Collaboration with the Lincolnshire Community Foundation to raise funds via a Total Giving crowd fund initiative.

    ·         The establishment of a single grant register to reduce the risk of double funding of groups applying for more than one funding pot for the same project.

    ·         That Parish and Town Councils should not be excluded from the eligibility criteria.

     

    Other options considered and rejected:

    1)    The Fund to continue in its current format but with the introduction of the new category in relation to the areas of priority.

    2)    The Fund to be more focused on areas of priority through the ringfencing of funding to support priority projects. This option would not be actioned until the next financial year (2021/22). Under this option it was further proposed that the percentage split was increased to a 30/70% allocation in 2022/23 and 40/60% split in 2023/24 in favour of the areas of priority as the voluntary and community sector develops and adapts and evidence of need is identified. Apportioning the fund in this way would create a concentrated focus for how we want to distribute grant funding across the district however, demand on each allocation could cause imbalance if the funding is ringfenced in this way and had the potential to result  ...  view the full decision text for item 5.

    Minutes:

    The Cabinet Member for Communities presented the report on community funding.  She highlighted the proposed changes to the eligibility of the SK Community Fund following the review, which had been discussed at the Rural and Communities Overview and Scrutiny Committee on 10 September 2020.  The proposed changes included the introduction of a new grant category, eligibility, the maximum grant allowance to reduce from £10,000 to £5,000 and the reduction in the time period for groups to claim awards from two years to one year.  The proposals also included the removal of the ability for Parish and Town Councils to access the fund. 

     

    Cabinet Members supported the proposed changes but there was consensus that Parish and Town Councils should not be excluded.

     

    A question was asked about InvestSK grants to which the Leader responded. A further question was asked about publishing details of grants that had been awarded and it was confirmed that these were published on South Kesteven District Council website and circulated in the Members newsletter.

     

    On being put to the vote it was AGREED that Cabinet:

     

    1.    Approves the changes to the SK Community Fund relating to eligibility, maximum grant allowed and the capping of the claiming period for awards to one year as per the amended grant criteria appended at Appendix A to the report of the Cabinet Member for Communities subject to parish and town councils being included within the eligibility criteria.

    2.    Delegates authority to the Strategic Director, Commercial and Operations, in consultation with the Cabinet Member for Communities, to finalise arrangements with the Lincolnshire Community Foundation/similar groups and, if appropriate, to enter into an agreement on behalf of the Council for a proportion of the budget allocated to the SK Community Fund to be utilised to enable greater pound-for-pound matching of grant funding.

     

6.

Planning White Paper Consultation Response pdf icon PDF 363 KB

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    Report from the Cabinet Member for Housing and Planning.

    Additional documents:

    Decision:

    Decision:

    1.    That a formal consultation response on the Ministry of Housing, Communities and Local Government is submitted by 29 October 2020.

    2.    That authority is delegated to the Chief Executive in consultation with the Cabinet Member for Housing and Planning for submitting a response to the Government White Paper on Planning Reform.

     

    Considerations/reasons for decision:

    ·         Report from the Cabinet Member for Housing and Planning on the Council’s response to the Planning White Paper consultation and the initial draft response attached as Appendix 1 to the report.

    ·         The Planning for the Future White Paper was intended to reform the planning system to provide a modern and streamlined approach to the complete planning process.

    ·         Consultation was being carried out by the Government with the general public and interested parties between August 2020 until 29 October 2020.

    ·         Local Plans would be simplified and focus on identifying three categories of land: growth areas, renewal areas and protected areas.

    ·         Councils and the Planning Inspectorate would be required through legislation to meet a statutory timetable for (Local) Plan preparation.

    ·         A new “single infrastructure levy” would replace the existing developer contributions systems of Section 106 Agreements and the Community Infrastructure Levy (CIL).

    ·         Local planning authorities would be required to have a Chief Officer for Design and Place-making.

    ·         Views of the Planning Committee informing the initial draft response to the White Paper.

    ·         Proposals to streamline community consultation at the planning application stage instead emphasising engagement at the plan making stage.

    ·         Proposals for planning application fees.

    ·         Feedback from the Planning Committee which informed the draft response.

    ·         Comments made supporting the importance of Neighbourhood Plans within planning decision making.

     

    Other options considered and rejected:

    1.    The Council could choose not to submit a response to the Planning for the Future White Paper. This would preclude the Council in effectively engaging in the planning reform process. The Council would be unable to shape and develop the future structure for planning in England. Other opportunities would be available in the future consultation; however, it would be a much narrower focus and the opportunity to influence the extensive planning reform would be forfeited.

    Minutes:

    The Cabinet Member for Housing and Planning presented the report which included a draft response to the Planning White Paper. The response to the consultation was due to be submitted to the Ministry of Housing, Communities and Local Government by 29 October 2020. 

     

    He explained that the intention of the White Paper was to overhaul the planning system, streamlining the planning process, cutting red tape, harnessing technology to build homes faster, protecting green spaces and building more on brownfield sites. 

     

    The Cabinet Member for Housing and Planning felt that the Planning White Paper lacked detail and was selective with the evidence that it used, making it difficult to respond to the consultation.  

     

    Areas highlighted included:

     

    ·         How plans would be made in the future and whether decision-making and plan-making would be an integral part of the system.

    ·         Whether development management could be dealt with through one policy as each area of the country had its own specific characteristics. 

    ·         More detail was needed for plans to look beyond the current ten years especially in relation to major developments which required additional infrastructure.

    ·         Proposals for growth and renewal area zoning had some merit.

    ·         Faster decision making – changes should be well designed for a speedier and simplified process.

    ·         Planning information to be readily accessible.

    ·         Concerns that community engagement restricted the opportunity for communities to engage in the planning system.

    ·         Concern that fully adopted Neighbourhood Plans were not being given  the necessary consideration within the planning reforms as contained in the White Paper consultation. 

     

    The Cabinet Member for Housing and Planning acknowledged the large amount of work undertaken by communities in compiling a Neighbourhood Plan.  He stated that Neighbourhood Plans should be given due consideration within the planning process.

     

    Cabinet Members agreed that Neighbourhood Plans should be given weight within the planning process.  They also felt that more detail was required around climate change within the planning process.

     

    On being put to the vote it was AGREED:

     

    That authority be delegated to the Chief Executive in consultation with the Cabinet Member for Housing and Planning for submitting a response to the Government White Paper on Planning Reform by 29 October 2020.

     

7.

Award of Contract to Tunstall for Sheltered Housing Telecare System pdf icon PDF 329 KB

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    Report from the Cabinet Member for Housing and Planning.

    Additional documents:

    Decision:

    Decision:

    1.    Cabinet approves the award of the digitalisation and maintenance contracts to Tunstall Healthcare (UK) Ltd for a contract period of five years through a direct award from the Procurement for Housing framework.

    2.    That the total contract values in respect of the digitalisation and maintenance contracts is £500,000 and £780,000 respectively, totalling £1,280,000 over the five-year period.

     

    Considerations/reasons for decision:

    ·         Report from the Cabinet Member for Housing and Planning on the award of the contract for the annual sheltered housing telecare maintenance and digitalisation of telecare equipment.

    ·         The Tunstall contract award notice, safeguarding policy 2020, equality policy statement, terms and conditions and business continuity overview appended to the report of the Cabinet Member for Housing and Planning.

    ·         The 2025 end date by which BT expects to have changed all UK phone lines from analogue signalling to “IP Voice” which is an IP/digital connection.

    ·         To deliver the alarm monitoring service, the equipment infrastructure requires upgrading in line with the digitalisation programme.

    ·         The budget for the work was £125K per annum over a four-year period and was included within the Housing Revenue Account capital programme.

    ·         Welland Procurement had confirmed that a direct award through the Procurement for Housing, Telecare and Telehealth Service Framework could be made.

    ·         The annual alarm maintenance and monitoring service contract was also due for renewal and could be aligned with the digitalisation contract.

     

    Other options considered:

     

    As Tunstall infrastructure and equipment was already installed, it was possible to make a direct award rather than considering other options which would delay critical replacement and support to the telecommunications infrastructure and add additional costs. Due diligence and quality checks on Tunstall had already been carried out by the Procurement for Housing framework. Tunstall is a specialist in their field and top ranked.

    The Tunstall systems are backward compatible and therefore the obsolete system could continue to work whilst the upgrade was underway.

    Minutes:

    The Cabinet Member for Housing and Planning presented the report on  awarding the contract for the annual sheltered housing telecare and maintenance and digitalisation of the telecare equipment.  Currently the Sheltered Housing Schemes used a BT analogue phone system.  BT expected to have changed all UK phone lines to an IP/digital connection by 2025.

     

    Cabinet Members noted that the current Tunstall equipment needed upgrading to enable the Council to deliver the alarm monitoring service and meet the new digitalisation programme.  At the same time the annual alarm maintenance and monitoring contract would be put in place to enable them to be combined for a five-year period.

     

    Cabinet Members were supportive of the awarding of the contract.

     

    On being put to the vote it was AGREED:

    1.     To approve the award of the digitalisation and maintenance contracts to Tunstall Healthcare (UK) Ltd for a contract period of five years through a direct award from the Procurement for Housing framework.

    2.     That the total contract values in respect of the digitalisation and maintenance contracts is £500,000 and £780,000 respectively, totalling £1,280,000 over the five-year period.

     

8.

Lease of Linchfield Road pdf icon PDF 351 KB

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    Report from the Deputy Leader.

    Additional documents:

    Decision:

    Decision:

    1.    Cabinet notes the content of the Deputy Leader’s report and approves the Council entering into a leasehold arrangement to secure the Linchfield Road Playing Field site for development and to agree to meet third parties’ legal costs.

    2.    Cabinet delegates authority to the Chief Executive, in consultation with the Leader of the Council, to agree the final terms of the lease subject to survey.

    3.    Cabinet agrees to provide a Letter of Intent to the Football Foundation in order to commence an application for funding to develop an Artificial Turf Pitch on the site.

     

    Considerations/reasons for decision:

    ·         The report of the Deputy Leader of the Council on acquiring a leasehold interest in the Linchfield Road Playing Field site.

    ·         Feasibility work, which due to the age and condition of the current leisure centre in the Deepings, focused on providing a new facility in this area.

    ·         The Linchfield Road Playing Field announced by the Council in September 2019 as the preferred location for the new leisure centre for the Deepings.

    ·         Lincolnshire County Council, Deeping St. James Parish Council and the Anthem Schools Trust had a legal interest in the two parcels of land that made up the site, as indicated on the site plans appended to the report.

    ·         Conditions associated with the proposed arrangements.

    ·         The decision made by South Kesteven District Council in January 2020 to close an old sand-based artificial pitch on the site due to health and safety concerns.

    ·         An invitation from the Football Foundation who had identified the Deepings as a priority area for the provision of an artificial turf pitch, application for funding to be submitted by January 2021.

    ·         Meetings held with representatives from Deeping St James Parish Council, The Deeping School (Anthem Schools Trust) and Lincolnshire County Council.

    ·         Consultation undertaken by LK2 with local sports clubs as part of its role advising on the application process to the Football Foundation

     

    Other options considered and rejected:

    The current centre in Deeping St James is a well-used and valued community facility which was built in 1974. The option to refurbish the centre had been considered but, as the centre was approaching the end of its economic life, this was not an appropriate or cost-effective solution. Feasibility work undertaken had focused on a replacement build and identification of a suitable site.

     

    Prior to the District Council announcing the Linchfield Road site as the preferred location for the new leisure centre, developments discussions had taken place with various landowners in the Deeping areas. At the time, all discussions were centred on residential land values which would add significant costs to the capital envelope required.

    Minutes:

    The Deputy Leader presented the report on the lease of Linchfield Road Playing Field site as the preferred site for the new Deeping Leisure Centre.   Discussions had been undertaken with Deeping St James Parish Council and the Anthem Schools Trust who had a legal interest in the parcels of land making up the site. 

     

    Cabinet Members noted that the Council had been invited to submit a grant application to the Football Foundation, which had identified the Deepings as a priority area for the provision of an artificial turf pitch. If the application was successful a new pitch could be in place on the site by October 2021.

     

    Members welcomed the progress made in relation to the project.  Concern was expressed about the loss of the hockey pitch and comments made in relation to acquiring land adjacent to the site for an extra pitch or car parking.  A question was also asked about whether the Deepings Special Expense Area would be abolished.

     

    The Cabinet Member for Finance and Resources stated that the Special Expense Area would be considered by the Finance, Economic Development and Corporate Services Overview and Scrutiny Committee.

     

    The Deputy Leader stressed that once the lease had been agreed further topographical survey work would need to be undertaken in relation to the site.  Once the survey had been undertaken further meetings would take place with all relevant stakeholders, interested parties and Councillors.

     

    On being put to the vote it was AGREED:

     

    1.    To note the content of the Deputy Leader’s report and approve the Council entering into a leasehold arrangement to secure the Linchfield Road Playing Field site for development and to agree to meet third parties’ legal costs.

    2.    To delegate authority to the Chief Executive, in consultation with the Leader of the Council, to agree the final terms of the lease subject to survey.

    3.    To agree to provide a Letter of Intent to the Football Foundation in order to commence an application for funding to develop an Artificial Turf Pitch on the site.

     

9.

Matters Referred to Cabinet by the Council or Overview and Scrutiny Committees pdf icon PDF 337 KB

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    Report from the Leader of the Council.

    Decision:

    Decision:

    1.   Cabinet directs the Climate Change Reserve Fund towards an upgrade of light fittings at the Guildhall Arts Centre, with the remainder directed towards the acceleration of the existing upgrade of streetlights project across the District.

    2.   Cabinet notes that the Environment Overview and Scrutiny Committee has requested that another Climate Change Reserve, of at least £20,000, be considered in the 2021/22 budget.

    3.   Cabinet notes that other recommendations from Overview and Scrutiny Committees are included within separate reports before Cabinet.

     

    Considerations/reasons for decision:

    ·         Recommendations made from the Environment Overview and Scrutiny Committee held on the 6 October 2020 and the Chief Executive’s Climate Change Reduction Task and Finish Group.

    ·         Reports submitted to the Environment Overview and Scrutiny Committee on 6 October 2020.

    Minutes:

    The Cabinet Member for Commercial and Operations briefly outlined the recommendations that had been made by the Environment Overview and Scrutiny Committee at its meeting on 6 October 2020 and the Climate Change Task and Finish Group which were detailed in the Leaders report.  The recommendations were seconded.

     

    On being put to the vote, it was AGREED that Cabinet:

     

    1.   Directs the Climate Change Reserve Fund towards an upgrade of light fittings at the Guildhall Arts Centre, with the remainder directed towards the acceleration of the existing upgrade of streetlights project across the District.

    2.   Notes that the Environment Overview and Scrutiny Committee has requested that another Climate Change Reserve, of at least £20,000, be considered in the 2021/22 budget.

    3.   Notes that other recommendations from Overview and Scrutiny Committees are included within separate reports before Cabinet.

     

10.

Key and Non-Key Decisions taken under Delegated Powers pdf icon PDF 307 KB

11.

Representations and questions from Non-Cabinet Members

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    Minutes:

    A non-Cabinet member asked about the process for appointing an Interim Director of Growth and Culture and whether the Employment Committee would be involved. The Chief Executive stated that the interim appointment would only be for a short period of time and did not require input from the Employment Committee.  Three recruitment agencies had been contacted in relation to permanent appointments and the Employment Committee would become involved once candidates had been shortlisted.

     

12.

Cabinet Forward Plan 1 November 2020 to 31 October 2021 pdf icon PDF 302 KB

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    Report of the Leader of the Council.

    Additional documents:

    Minutes:

    Cabinet Members noted the Forward Plan for 1 November 2020 to 31 October 2021 which was appended to the agenda.  The Forward Plan listed items to be presented to Cabinet in the next 12 months.

Exclusion of Press and Public

It was proposed, seconded and agreed to exclude the press and public from the meeting, in accordance with Section 100A(4) of the  Local Government Act 1972 during consideration of the following item of business because of the likelihood that otherwise exempt information, as described in paragraph 3 of the Act would be disclosed to them.

 

13.

St Martin's Park, Stamford project update

14.

Close of meeting

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    Minutes:

    The meeting closed at 15:35.