Agenda, decisions and minutes

To receive any disclosure of interests from Members and Officers in matters to be discussed.

Note: Councillors are reminded of their obligations to declare disclosable pecuniary interests, personal and/or prejudicial interests in accordance with legislation and the Council’s Code of Conduct.

No disclosures of interest were made.

RESOLVED:

            That the minutes of the previous meeting held on 23 December 2019 be approved and adopted.

– to note the names of members of the public wishing to speak on general matters affecting the District or on agenda items (in the case of the latter, representations will normally be received at the time of the agenda item, after the Portfolio Holder’s introduction and any questions from Cabinet Members).

four members of the public spoke regarding Report CAB3219 and their comments are summarised under the relevant minute below.

Teresa Skelton also addressed Cabinet and in summary, reiterated comments made at previous meetings regarding arrangements for liaison between the Council and the Police; allegations of police failings and corruption and alleged a lack of interest in her claims from Cabinet Members.

Councillor Weir announced the awarding of seed funding to the Winchester Design Festival agreed at her Cabinet Member Decision Day on 13 January 2020.

1.            That the Nitrate Neutrality Position Statement at Appendix A of Report CAB3219 be approved and it be recognised that the Nitrate Neutrality Position Statement will form a policy basis for the Statutory Planning Authority in considering planning applications for residential development outside the South Downs National Park within the District with immediate effect.

2.            That any minor changes to the Nitrate Neutrality Position Statement be delegated to the Service Lead for Built Environment in consultation with the Cabinet Member for Built Environment and Wellbeing.

3.            That a report be brought to Cabinet in six months up-dating progress made on the nitrates neutrality issue.

Councillor Porter summarised the background to the current proposals and the solution proposed as set out in appendix A to the report.

Four members of the public/representatives of local businesses spoke during public participation as summarised briefly below.

Robert Carter (Millgate Winchester Ltd)

Thanked the Cabinet Member and officers for work on producing the position statement and offered to continue to work with the Council in developing proposals further.  Creating a means to offer mitigation for the nitrogen load of a development was key and highlighted that Grampian conditions were not suitable for small  sites. A full time dedicated council officer to deal with this issue was required.  Emphasised the importance of re-wilding to tackle the climate emergency.

David Ashe

Welcomed the proposals as a first step and agreed a full time council officer was required.  Emphasised the priority to reduce the amount of nitrates in the Solent which would require measures to remove nitrate pollution from both new and existing households, together with agriculture.  This would require the involvement of the Partnership for South Hampshire (PfSH).

Tony Langridge

Emphasised the difficulties for smaller developers and those well progressed within the planning system to deal with issue.  Suggested working with the Wildlife Trust who had a wilding strategy in place together with the experience and capacity to manage land.  The Trust was developing standard legal documentation which could be used across local authorities and had engaged with both PfSH and the Local Enterprise Partnership (LEP).

Ian Tait (Pallador Associates Ltd)

Welcomed the paper together with the commitment for ongoing work to tackle this issue over the coming months.  Would also welcome the written confirmation of support from the Winchester MP.

At the invitation of the Leader, two Councillors addressed the meeting as summarised briefly below.

Councillor Brook

Welcomed the paper and proposals to tackle the issue as a priority.  Would there be further consideration of planting nitrate absorbing plants?  Would there be consultation on the offsite mitigation and would there be ongoing discussions and support offered to developers.

Councillor Pearson

Welcomed paper and emphasised that nitrates from waste water had been an issue for many years.  Solutions must involve Southern Water taking steps.

Cabinet Members responded to comments made emphasising the priority with which this issue was regarded. 

Cabinet agreed to the following for the reasons set out above and outlined in the report.

RESOLVED:

1.            That the Nitrate Neutrality Position Statement at Appendix A of the report be approved and it be recognised that the Nitrate Neutrality Position Statement will form a policy basis for the Statutory Planning Authority in considering planning applications for residential development outside the South Downs National Park within the District with immediate effect.

2.            That any minor changes to the Nitrate Neutrality Position Statement be delegated to the Service Lead for Built Environment in consultation with the Cabinet Member for Built Environment and Wellbeing.

3.            That a report be brought to Cabinet in six months up-dating progress made on the nitrates  ...  view the full minutes text for item 5.

1.            That the proposed 2020/21 Revenue & Capital Budgets, as set out in Appendices 1,2 & 3 of CAB3216 be noted, taking into account the budget options outlined in section 11.29 of CAB3216.

2.            That the Housing Revenue Account forecast for 2019/20 be approved, as outlined in Appendix 1 of CAB3216.

3.            That the Housing Capital Programme forecast for 2019/20 be approved, as outlined in Appendix 2 of CAB3216.

4.            That the New Build Capital Programme forecast for 2019/20 be approved, as outlined in Appendix 3 of CAB3216.

5.            That the Housing Revenue Account capital programme funding forecast for 2019/20 be approved, as detailed in Appendix 5 of CAB3216.

6.            That up to £3m of property acquisitions before March 2020 be approved, as outlined in section 11.42 and Exempt Appendix 6 of CAB3216;

a) Delegate to the Service Lead Legal, authority to negotiate and agree Heads of Terms to purchase the individual properties.

b) Delegate to the Service Lead Legal, authority to negotiate, prepare documentation and complete the necessary transactions in accordance within the agreed Heads of Terms for the purchase of the properties identified in Exempt Appendix 6 of Report CAB3216.

7.            That the sale of 1 Mews Lane, Winchester be approved, as outlined in sections 11.47- 11.48 of the Report CAB3216;

a) Delegate to Service Lead Legal, authority to negotiate and agree Heads of Terms for the sale of 1 Mews Lane, Winchester.

b) Delegate to the Service Lead Legal, authority to negotiate, prepare documentation and complete the transactions within the agreed Heads of Terms for the sale of 1 Mews Lane, Winchester.

Councillor Learney highlighted the healthy HRA budget position and outlined the key proposals as set out within the report. 

Ian Tait spoke during public participation as summarised briefly below.

Welcomed report and the demonstration of good housing management by the council.  However requested that Cabinet review the committee structure for discussion of housing matters to encourage better scrutiny and wider involvement of both TACT and tenants in general.

At the invitation of the Leader, Councillor Horrill addressed the meeting as summarised briefly below.

Agreed that the committee mechanisms for discussing housing matters required review to ensure proper scrutiny together with cross-party and TACT involvement.  Requested that the proposals to remove the support for those impacted by the introduction of universal credit be reviewed.  Supported Sussex Street development and proposals to address any future fire safety proposals.  Queried delays to capital build programme.

Cabinet Members responded to comments made. 

Cabinet agreed to the following for the reasons set out above and outlined in the report.

RESOLVED:

1.           That the proposed 2020/21 Revenue & Capital Budgets, as set out in Appendices 1,2 & 3 of CAB3216 be noted, taking into account the budget options outlined in section 11.29 of CAB3216.

2.           That the Housing Revenue Account forecast for 2019/20 be approved, as outlined in Appendix 1 of CAB3216.

3.           That the Housing Capital Programme forecast for 2019/20 be approved, as outlined in Appendix 2 of CAB3216.

4.           That the New Build Capital Programme forecast for 2019/20 be approved, as outlined in Appendix 3 of CAB3216.

5.           That the Housing Revenue Account capital programme funding forecast for 2019/20 be approved, as detailed in Appendix 5 of CAB3216.

6.           That up to £3m of property acquisitions before March 2020 be approved, as outlined in section 11.42 and Exempt Appendix 6 of CAB3216;

a) Delegate to the Service Lead Legal, authority to negotiate and agree Heads of Terms to purchase the individual properties.

b) Delegate to the Service Lead Legal, authority to negotiate, prepare documentation and complete the necessary transactions in accordance within the agreed Heads of Terms for the purchase of the properties identified in Exempt Appendix 6 of Report CAB3216.

7.           That the sale of 1 Mews Lane, Winchester be approved, as outlined in sections 11.47- 11.48 of the Report CAB3216;

a) Delegate to Service Lead Legal, authority to negotiate and agree Heads of Terms for the sale of 1 Mews Lane, Winchester.

b) Delegate to the Service Lead Legal, authority to negotiate, prepare documentation and complete the transactions within the agreed Heads of Terms for the sale of 1 Mews Lane, Winchester.

1.            That the local fees and charges for 2020/21 as set out in Appendix 1 of CAB3212 be approved.

2.            That River Park Leisure Centre charges as set by the operator in Appendix 2 of CAB3212 are noted.

3.            That statutory fees and charges as set out in appendix 3 of CAB3212 are noted and will be increased in line with national guidance if received.

Councillor Cutler introduced the report which included proposals regarding the council’s discretionary fees and charges (appendix 1 of the report).

At the invitation of the Leader, Councillor Horrill addressed the meeting as summarised briefly below.

Requested assurances regarding the benchmarking carried out. Queried one particular increase in cemetery fees.  In general, the need to ensure possible concessions available were advertised to residents.  Query regarding status of delayed proposals for re-procurement of the Winchester market contract.

Cabinet Members responded to comments made.

Cabinet agreed to the following for the reasons set out above and outlined in the report.

RESOLVED:

1.           That the local fees and charges for 2020/21 as set out in Appendix 1 of the report be approved.

2.           That River Park Leisure Centre charges as set by the operator in Appendix 2 of the report be noted.

3.           That statutory fees and charges as set out in appendix 3 of the report be noted and will be increased in line with national guidance if received.

1.            That the positive progress made in the delivery of the Air Quality Action Plan be noted.

2.            That the ratified 2020 data set is reviewed in due course and if appropriate an application is submitted to DEFRA in the spring of 2021 to revoke the current Air Quality Management Area and to submit a new declaration for a significantly reduced Air Quality Management Area.

Councillor Porter introduced the report and thanked Members for the useful contributions made when the matter was considered at the Health and Environment Policy Committee on 13 January 2020

At the invitation of the Leader, Councillor Pearson addressed the meeting as summarised briefly below.

Welcomed the report and the presentation to the Committee on 13 January.  However, further action was required including tackling pollution due to traffic congestion along the Romsey Road, Winchester.

Cabinet Members noted the comments made.

Cabinet agreed to the following for the reasons set out above and outlined in the report.

RESOLVED:

1.        That the positive progress made in the delivery of the Air Quality Action Plan be noted.

2.        That the ratified 2020 data set is reviewed in due course and if appropriate an application is submitted to DEFRA in the spring of 2021 to revoke the current Air Quality Management Area and to submit a new declaration for a significantly reduced Air Quality Management Area.

1.            Subject to Council approval of the Budget and Capital Investment Strategy in February 2020, expenditure of £400,000 for 2020/21 as outlined in Appendix A of Report CAB3213, be approved.

2.            That the indicative programme for 2021/22 totalling £811,000 be noted as a basis for planning and preparing future works.

3.            That authority to make minor adjustments to the programme, in order to meet maintenance and operational needs of the car park service throughout the year as required, be delegated to the Corporate Head of Regulatory, in consultation with the Corporate Head of Asset Management and Cabinet Member for the Environment.

In the absence of Councillors Tod and Murphy, the Service Lead: Environmental Services introduced the report.

At the invitation of the Leader, Councillor Horrill addressed the meeting as summarised briefly below.

Disappointed regarding the apparent lack of commitment in the report to new park and ride provision, particularly on the former Vaultex site and for Kings Barton Farm.  Queried progress on coach parking identified for St Catherine’s park and ride site.

The Strategic Director: Services (Interim) and Cabinet Members responded to comments made and emphasised that they were fully committed to provision of additional park and ride facilities to the north of the city and were actively searching for suitable sites.

Cabinet agreed to the following for the reasons set out above and outlined in the report.

RESOLVED:

1.                   That subject to Council approval of the Budget and Capital Investment Strategy in February 2020, expenditure of £400,000 for 2020/21 as outlined in appendix A of the report, be approved.

2.                   That the indicative programme for 2021/22 totalling £811,000 be noted as a basis for planning and preparing future works.

3.                   That authority to make minor adjustments to the programme in order to meet maintenance and operational needs of the car park service throughout the year be delegated to the Corporate Head of Regulatory, in consultation with the Corporate Head of Asset Management and Cabinet Member for the Environment.

That the Strategic Director – Services be authorised to procure, award and enter into a contract to secure the services of tree contractors to undertake works to Winchester City Council owned and managed trees, by means of a Framework Agreement.

Councillor Cutler introduced the report and emphasised the importance of ensuring measures were in place to manage existing trees, particularly with the commitment to new tree planting.

At the invitation of the Leader, Councillors Pearson and Brook addressed the meeting as summarised briefly below.

Councillor Pearson

Welcomed the report and acknowledged the importance of good management of trees, particularly to address the issues caused by a changing climate.

Councillor Brook

Supported the report and the planting of new trees at Newlands.  Queried the impact on the Council’s maintenance schedule of new trees being planted.

Councillor Cutler noted the comments made which also dealt with more general matters relating to trees than the proposals contained in the report.

Cabinet agreed to the following for the reasons set out above and outlined in the report.

RESOLVED:

That the Strategic Director – Services be authorised to procure, award and enter into a contract to secure the services of tree contractors to undertake works to Winchester City Council owned and managed trees, by means of a Framework Agreement.

1.            That the contents of Report CAB3220 be noted.

2.            That the submission of the response of the Cabinet Member for Built Environment and Well Being, attached at Appendix A to Report CAB3220 be agreed, on behalf of Winchester City Council as statutory consultee to the consultation on the planning application at Southampton Airport, Reference F/19/86707, which is to be determined by Eastleigh Borough Council.

Councillor Porter introduced the report and outlined the material objections that were proposed to be made to the proposals to expand the airport.

Cabinet agreed to the following for the reasons set out above and outlined in the report.

RESOLVED:

1.            That the contents of this report be noted.

2.            That the submission of the response of the Cabinet Member for Built Environment and Well Being, attached at Appendix A to the report be agreed, on behalf of Winchester City Council as statutory consultee to the consultation on the planning application at Southampton Airport, Reference F/19/86707, which is to be determined by Eastleigh Borough Council.

RESOLVED:

That the list of future items, as set out in the Forward Plan for February 2020, be noted.

To consider whether in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

(i)            To pass a resolution that the public be excluded from the meeting during the consideration of the following items of business because it is likely that, if members of the public were present, there would be disclosure to them of ‘exempt information’ as defined by Section 100 (I) and Schedule 12A to the Local Government Act 1972.

RESOLVED:

1.         That in all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

2.         That the public be excluded from the meeting during the consideration of the following items of business because it is likely that, if members of the public were present, there would be disclosure to them of ‘exempt information’ as defined by Section 100I and Schedule 12A to the Local Government Act 1972.

Cabinet considered the contents of the exempt appendix which contained further financial information regarding the proposed use of right to buy receipts for property acquisition (as detailed in the exempt minute).

Cabinet returned to open session to consider recommendation 6 of the report and make the resolution as set out under the minute on this report above.