Agenda, decisions and minutes

To give consideration to the approval of alternative arrangements for appointments to bodies set up by Cabinet or external bodies, or the making or terminating of such appointments.

a)    Community Infrastructure Levy (CIL) Allocations Advisory Panel (CAAP)

Proposal to increase membership of Panel to include Councillor Prince.  CAAP established by Cabinet on 23 October 2019 (CAB3194 refers) with previously agreed membership - the Cabinet Member for Built Environment; the Strategic Director (Services); the Strategic Director (Resources), the Strategic Director (Place) and may include, but not necessarily, a willing representative from Hampshire County Council.

b)    Local Plan Advisory Group

Proposal to include Councillor Rutter as a member of the Advisory Group for 2020/21. 

Full membership: Councillors Porter (Chairperson), Brook, Evans, Ferguson, Horrill, Rutter and Thompson.

Cabinet agreed to the following for the reasons set out on the agenda.

RESOLVED:

1.          That the membership of the Community Infrastructure Levy (CIL) Allocations Advisory Panel (CAAP) be confirmed as follows:

Councillors Porter and Prince together with the Strategic Director (Services); Strategic Director (Resources); Strategic Director (Place) and may also include, but not necessarily, a representative from Hampshire County Council.

2.          That Councillor Rutter be included in the membership of the Local Plan Advisory Group, the full membership confirmed as follows:

Councillors Porter (Chairperson), Brook, Evans, Ferguson, Horrill, Rutter and Thompson.

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.

Councillors Tod and Porter declared personal (but not prejudicial) interests in respect of various agenda items due to their roles as County Councillors.

RESOLVED:

            That the minutes of the previous meeting held on 21 May 2020 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

NB members of the public are required to register with Democratic Services three clear working days before the meeting (contact: democracy@winchester.gov.uk or 01962 848 264). 

There were no questions asked or statements made.

The Leader and Cabinet members made a number of announcements as summarised briefly below.

Councillor Thompson

As announced at the Business and Housing Policy Committee on 22 June 2020, a Depot Insight Group had been established to further understanding the future options regarding the Bar End depot site, including the aspirations of local residents.  The Group would be chaired by Councillor Prince and its membership would include Councillors Gottlieb, Lumby, Mather and Williams together with representatives from local residents.

Councillor Tod

With effect from 30 July 2020, the waste collection service provided by Biffa would be extended to enable the small percentage of households previously within difficult access routes to use the full range of waste collection services.

Two bins for collecting recycling laminated cardboard (including Tetrapaks) had been installed as a trial at Worthy Lane, Winchester.

To deal with the increase in the volume of glass being recycled, additional bins would be installed at some bring sites around the district.

Thanks to Biffa and Council officers involved in maintaining the waste collection service during the Covid-19 pandemic, together with offering these service improvements.

1.      That RPLC ceases to provide sports and leisure facilities and is closed to the public following the opening of the WS&LP at Bar End in the early part of 2021.

2.      That RPLC be decommissioned by way of an internal soft strip and part demolition, with the timetable to be linked with the build schedule on the Winchester Sport and Leisure Park.

3.      That capital expenditure in 2020/21 of up to £410,000 is approved to:

·         decommission the River Park Leisure Centre building by soft stripping and securing;

·         undertake works to ensure continued utility and services supplies to clubs remaining on site; and

·         provide temporary toilet facilities until a future use for the site is determined or other facilities become available.

4.      That an annual revenue budget from 2021/22 of £40,000 be approved for CCTV hire and monitoring, building inspections, and cleaning the temporary toilets.

5.      That authority be delegated to the Strategic Director: Place to determine and undertake the procurement process, appoint the relevant contractors to enable the decommissioning of RPLC (including security and continuity of utility services) and the provision of temporary toilets; and to negotiate and agree contractual heads of terms with the appointed contractors.

6.      That authority be delegated to Service Lead Legal to enter in to contracts to carry out works to enable decommissioning of the RPLC and provision of temporary toilets.

7.         That work to determine options for the future use of the site is delayed until the current budget position relating to the COVID-19 emergency is finalised and the emerging development market is better understood and to bring a report back to cabinet in Q2/Q3 2021.

Councillor Learney introduced the report which outlined options for securing and decommissioning the RPLC site and recommended a preferred approach in advance of site redevelopment.  The matter had been considered by the Business and Housing Policy Committee at its meeting on 22 June 2020 where Members were generally content with the recommendations but requested that Cabinet progress a resolution on the longer term future of the site as soon as possible.

At the invitation of the Leader, Councillors Lumby, Miller and Read addressed Cabinet as summarised briefly below.

Councillor Lumby

Appreciated the intention to adopt a cautious approach due to the current condition of the property market.  However, believed that the existing legal covenant could offer a wider range of future options than suggested at the previous Cabinet.  He asked that the Council prioritise finishing the research into possible options and mitigation of risks.

Councillor Miller

Agreed with Councillor Lumby that decisions on the future use of the site should be prioritised, emphasising that the RPLC site was an important asset for the whole district.

Councillor Read

Queries regarding the extent and exact location of asbestos in the building.  Queried whether the Winchester Town Forum would be responsible for the provision of temporary public conveniences in the area (as this would be the responsibility of a parish council in a parished area of the district).

The Strategic Director: Place explained the reasons for the proposed delay to decisions on future options for the site, as outlined in the report. 

Councillor Learney also responded to comments made including highlighting that the ongoing work on the Vision for Winchester which would link in to future proposals.  With regard to the legal covenant, she emphasised that examining differing interpretations was a long, complicated process.  Funding for the temporary public conveniences would be met from the general budget but the Winchester Town Forum would be required to make financial provision for a long term solution.

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

RESOLVED:

1.          That RPLC ceases to provide sports and leisure facilities and is closed to the public following the opening of the WS&LP at Bar End in the early part of 2021.

2.          That RPLC be decommissioned by way of an internal soft strip and part demolition, with the timetable to be linked with the build schedule on the Winchester Sport and Leisure Park.

3.          That capital expenditure in 2020/21 of up to £410,000 is approved to:

a)    decommission the River Park Leisure Centre building by soft stripping and securing;

b)    undertake works to ensure continued utility and services supplies to clubs remaining on site; and

c)    provide temporary toilet facilities until a future use for the site is determined or other facilities become available.

4.          That an annual revenue budget from 2021/22 of £40,000 be approved for CCTV hire and monitoring, building inspections, and cleaning the temporary toilets.

5.          That authority be delegated to the Strategic Director: Place to determine and undertake  ...  view the full minutes text for item 6.

1.    That a supplementary capital estimate and expenditure of £230,000 for the surface car park be approved.

2.    That Cabinet approve the advertisement of the Parking Places Order, consider responses and make the Order for the management and enforcement required for the car park.  

3.    That the Vaultex car park will be run as part of the overall park and ride provision, ie users will pay to park and use the bus, but with encouragement of walking and cycling into the City for those who are able to do so.

4.    That authority is delegated to the Head of Programme in consultation with the Cabinet Member for Service Quality and Transformation to negotiate and agree parking arrangements within the car park for residents of 67 to 89 Bar End Road.

5.    That authority is delegated to the Head of Programme to enter into and award the works contract for the surface car park.

6.    That authority is delegated to the Strategic Director of Place to prepare and enter into the EM3 Local Enterprise Partnership (LEP) funding agreement pending award of Government funding for a grant from the LEP and to further progress that project, subject to funding and detailed approval.

7.    That expenditure of £35,000 be approved for signing and lining for the Coach Park at the appropriate time.

Councillor Tod introduced the report and announced that the EM3 Local Enterprise Partnership (LEP) Board had supported the Council’s bid for approximately £5.6m towards delivery of a decked park and ride area at Vaultex.  The decked area would include electric vehicle charging points and the feasibility of introducing these sooner, together with electric bike charging, was being investigated.

At the invitation of the Leader, Councillor Horrill and Miller addressed Cabinet as summarised briefly below.

Councillor Horrill

Generally welcomed the proposals but queried why there was a delay in progressing plans for the decked area, emphasising the wider benefits it would bring.  Requested assurance that cabling would be installed for Electric Vehicle charging.  Queried whether the South Park and Ride was now the preferred solution (including with coach drivers) for a coach park to be located.

Councillor Miller

Supported Councillor Horrill’s comments regarding the importance of the site in terms of wider benefits for the area and the need to progress the decked car park without delay.

Councillor Tod responded to the comments made.  He emphasised that a pragmatic approach would be taken to the timing of the decked project to tie in with the expected timing of release of LEP monies, whilst enabling council officers to focus on more urgent priorities in relation to parking and the COVID-19 response.  The cabling for electric vehicle charging points would be installed at an early stage.  A coach park had operated from the South park and ride over the Christmas period and feedback from coach drivers had been positive.

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

RESOLVED:

1.           That a supplementary capital estimate and expenditure of £230,000 for the surface car park be approved.

2.           That Cabinet approve the advertisement of the Parking Places Order, consider responses and make the Order for the management and enforcement required for the car park.  

3.           That the Vaultex car park will be run as part of the overall park and ride provision, ie users will pay to park and use the bus, but with encouragement of walking and cycling into the City for those who are able to do so.

4.           That authority is delegated to the Head of Programme in consultation with the Cabinet Member for Service Quality and Transformation to negotiate and agree parking arrangements within the car park for residents of 67 to 89 Bar End Road.

5.           That authority is delegated to the Head of Programme to enter into and award the works contract for the surface car park.

6.           That authority is delegated to the Strategic Director of Place to prepare and enter into the EM3 Local Enterprise Partnership (LEP) funding agreement pending award of Government funding for a grant from the LEP and to further progress that project, subject to funding and detailed approval.

7.           That expenditure of £35,000 be approved for signing and lining for the Coach Park at the appropriate time.

NB Councillor Tod left the meeting at the  ...  view the full minutes text for item 7.

1.    That the updated Fire Safety Policy be approved.

2.    That, subject to obtaining any necessary building regulation and listed building consent, fire safety works recommended with the Fire Safety policy be implemented which includes the fitting of fire rated front doors.

3.    That it be noted that provision has been made within the HRA budget for £2m for expenditure on capital fire related works (£1m 2019/20and £1m 2020/21).

4.    That delegated authority be given to the Corporate Head of Housing to make minor amendments to the Policy in consultation with Cabinet Member for Housing and Asset Management.   

Councillor Learney introduced the report and thanked all those involved in preparing the new Fire Safety policy, including TACT, officers and the Fire Safety Project Group.  She emphasised that most of the Council’s housing stock consisted of three story buildings or lower and that no buildings had the type of cladding used in the Grenfell tragedy.  An additional £1m had been included in the 2020/21 budget for fire safety works.

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

Welcomed the proposals and thanked all those involved for their work.  Believed that the door replacement policy should be actioned more quickly than the proposed four years. Queries around how the policy would be applied to leaseholders and whether improved technology was required for the Property Services team to undertake monitoring.  Aside from the fire door programme, asked what other works would be carried out as a result of the new Policy.

Councillor Learney, the Housing Policy and Projects Manager and the Property Services Manager responded to comments made.  Members were advised that a new legal requirement regarding leaseholders and duty to cooperate was being brought in.  With regard to new fire rated front doors, it was not considered that any of the existing doors were high risk, but the work programme would be scheduled to prioritise replacing doors within the first year where there were any doubts regarding performance.

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

RESOLVED:

1.           That the updated Fire Safety Policy be approved.

2.           That, subject to obtaining any necessary building regulation and listed building consent, fire safety works recommended with the Fire Safety policy be implemented which includes the fitting of fire rated front doors.

3.           That it be noted that provision has been made within the HRA budget for £2m for expenditure on capital fire related works (£1m 2019/20and £1m 2020/21).

4.           That delegated authority be given to the Corporate Head of Housing to make minor amendments to the Policy in consultation with Cabinet Member for Housing and Asset Management.  

1.    That procurement of electricity and gas via Hampshire County Council and the LASER framework be approved.

2.    That authority is delegated to the Strategic Director - Place and Service Lead - Legal to negotiate terms and to enter into and to execute third party deeds of agreements with supplier terms and conditions under the LASER framework providers for gas and electricity for the period 01 October 2020 – 30 September 2024.

3.    That energy is purchased in a flexible manner through the method known as “Purchase In Advance”.

4.      That authority be delegated to the Strategic Director – Place the option to procure water in addition to gas and electricity through the same framework and enter into relevant contractual arrangements.

Councillor Learney introduced the report which sought approval to enter into a new energy contract for four years under a LASER framework agreement.  The new contract would enable the continued use of the Renewable Energy Guarantees Origin (REGO) backed renewal energy tariff.

At the invitation of the Leader, Councillor Pearson addressed Cabinet as summarise briefly below.

Generally welcomed the proposals, including participating in the LASER Energy Framework Agreement.  However, believed that the proposed energy supply (Npower) overly relied on carbon offsetting rather than sources of renewal energy supplies from within the district.

Councillor Learney and the Corporate Head of Asset Management (Interim) responded to comments made.  It was emphasised that focus should not be on the company supplying (which might change over time) provided the specific product procured matched the required REGO certificate.  The different options had been thoroughly investigated and there were no producers of green energy from local sources currently available. 

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

RESOLVED:

1.           That procurement of electricity and gas via Hampshire County Council and the LASER framework be approved.

2.           That authority is delegated to the Strategic Director - Place and Service Lead - Legal to negotiate terms and to enter into and to execute third party deeds of agreements with supplier terms and conditions under the LASER framework providers for gas and electricity for the period 01 October 2020 – 30 September 2024.

3.           That energy is purchased in a flexible manner through the method known as “Purchase In Advance”.

4.                 That authority be delegated to the Strategic Director – Place the option to procure water in addition to gas and electricity through the same framework and enter into relevant contractual arrangements.  

1.      That the freehold or long leasehold disposal of the Upper Brook Street car park to a specialist primary healthcare developer be approved to enable delivery of a new doctors surgery, instead of direct development by the Council.

2.      That the arrangements detailed in report CAB3247 for the marketing and selection process for disposal of the Upper Brook Street car park site be approved.

3.      That the Strategic Director – Place be authorised to undertake marketing and the selection process for disposal of the Upper Brook Street car park site, in consultation with the Cabinet Member for Housing and Asset Management, based on the disposal methodology set out in the report, involving a shortlist of specialist primary healthcare developers.

4.      That the Strategic Director – Place be authorised, in consultation with the Cabinet Member for Housing and Asset Management, to select a preferred purchaser and negotiate and agree suitable heads of terms.

5.      That the Service Lead Legal be authorised to enter into legal agreements to dispose of the site to deliver a new doctors’ surgery.

6.      That final Cabinet approval is to be sought to approve the final heads of terms and the appointment of the preferred purchaser. 

Councillor Learney introduced the report which proposed a development approach to the provision of a replacement for the existing St Clement’s surgery.    Soft market testing had demonstrated interest in the scheme and also emphasised the levels of risk involved in the Council undertaking the development itself. 

At the invitation of the Leader, Councillors Lumby and Godfrey addressed Cabinet, as summarised briefly below.

Councillor Lumby

Understood why the proposed approach was being considered but believed it would result in risks for the Council primarily relating to a lack of control over the future development.  Freehold disposal was particularly risky but although leasehold disposal offered more control to the Council, it still could not guarantee that the development would proceed.  All options should be kept under review and the option of freehold disposal should be discounted.

Councillor Godfrey

Believed that the Council should have regard to the overall risks, including the risk that a new GP surgery would not proceed.  The option to dispose of the freehold should not be pursued.  Leasehold disposal offered slightly more control but ultimately, provision of a new GP surgery was not a commercially attractive option for a private developer and the Council should continue to be directly involved.

Cabinet then moved into exempt session to discuss the information contained in the exempt appendix before returning to the open session as detailed below.

Cabinet Members noted the comments regarding favouring leasehold over freehold disposal, but believed that it was appropriate given the levels of uncertainty at the current time that neither option were ruled out.

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

RESOLVED:

1.           That the freehold or long leasehold disposal of the Upper Brook Street car park to a specialist primary healthcare developer be approved to enable delivery of a new doctors surgery, instead of direct development by the Council.

2.           That the arrangements detailed in report CAB3247 for the marketing and selection process for disposal of the Upper Brook Street car park site be approved.

3.           That the Strategic Director – Place be authorised to undertake marketing and the selection process for disposal of the Upper Brook Street car park site, in consultation with the Cabinet Member for Housing and Asset Management, based on the disposal methodology set out in the report, involving a shortlist of specialist primary healthcare developers.  

RESOLVED:

            That the list of future items, as set out in the Forward Plan for July 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 exempt appendix which contained a financial appraisal (detail in exempt minute) before returning to the open session of the meeting to consider the report’s recommendations, as set out in the minute above.