Agenda and decisions

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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2.

Minutes of the previous meeting pdf icon PDF 261 KB

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    Minutes of the meeting held on 8 September 2020.

3.

Disclosure of Interests (if any)

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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.

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.

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.

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.

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.

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.

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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12.

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

13.

St Martin's Park, Stamford project update