Agenda, decisions and minutes

To record the names of apologies given.

The Chairperson announced that due to the recent Bank Holiday, the papers for this meeting had narrowly missed the five clear working day deadline for publication. However, as the meeting date had been well publicised in advance of this deadline, the Chairperson confirmed that she was happy to accept the items onto the agenda as matters requiring urgent consideration.

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.

It was announced that Councillor Green had been appointed to the position of Armed Forces Champion for the Council. The role had previously been carried out by Councillor Godfrey who was thanked for the duties over the last few years.

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.

Councillor Porter declared a personal (but not prejudicial) interest in relation to various items on the agenda, due to her role as County Councillor.

RESOLVED:

            That the minutes of the previous meeting held on 17 July 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).

During public participation, Teresa Skelton spoke in respect of the relationship between the Police and the public and Ian Tait spoke regarding CAB3182 and CAB3181 and their comments are summarised below.

In summary, Mrs Skelton raised the following points:

·         The democratic rights and liberties of the ordinary citizen, particularly the relationship of the police to the public;

·         Considered the police regulatory system to be dysfunctional at county level and suggested the City Council take on a role of bridging the democratic deficit and deficiencies in policing;

·         Consideration be given to the formation of an official relationship with the appointment of an independent Liaison Officer and public meetings to be attended by the elected Police Crime Commissioner to enable the views of the community to be taken forward. Suggested that the Hampshire Police Monitoring Group could assist with this process.

            In summary, Mr Tait raised the following points:

·         In respect of Item 10, Mr Tait welcomed the project of many years  coming to fruition;

·         In respect of Item 12, in view of the Council’s declaration of a climate emergency, Mr Tait queried the installation of energy efficient gas boilers into its housing scheme at Rowlings Road and also stated that there was no reference of nitrate levels;

·         Reiterated concerns made at previous meetings regarding the lack of a separate Housing Committee. It was noted that the Cabinet Member for Housing and Asset Management continued to meet with TACT representatives for their involvement in housing related decisions;

·         Mr Tait expressed concern regarding the level of drug use in the Town Centre and asked that this matter, together with the issues raised by Mrs Skelton regarding policing, be addressed as serious concerns.

In addition, Mark Baulch (Hampshire Chamber of Commerce), Dr Paul Spencer (Winchester Business Improvement District), Chris Gillham (Winchester Friends of the Earth), Patrick Davies, Kate Macintosh and Councillors Godfrey and Miller spoke regarding CAB3172; Councillor Pearson spoke regarding CAB3186;  Kate Macintosh and Councillor Miller spoke regarding CAB3182; Chris Gillham (Winchester Friends of the Earth), Malcolm Wallace (The Green Party), Steve Hallett (Extinction Rebellion Winchester) David Ball and Councillor Pearson spoke regarding CAB3187 and Councillor Miller spoke regarding CAB3181. Their comments are summarised under the relevant minutes below.

The following announcements were made:

·         The next meeting of Full Council on 25 September 2019 would take place. In addition, it was reported that this would be the first meeting of Council in which the public would be able to address the meeting and a report on the proposed Decision Days would also be tabled.

·         With regard to taxi services, meetings had taken place with the university and taxi drivers to promote an initiative to help all students get home safely, even without the necessary funds on their person. All taxi drivers had also been attending mandatory safeguarding training with the Blue Lamp Service as part of the review of the taxi licensing policy to ensure public safety and raise awareness.

·         It was reported that the first meeting of the Central Winchester Regeneration Open Forum was due to take place on 24 September 2019 at The Nutshell Theatre in Kings Walk, providing feedback on the project to residents and local traders (details on the Council’s website). Improvements were taking place with the implementation of a temporary crossing on Bar End Road from the Park and Ride to allow visitors to the Sports Stadium and the King George V playing fields to cross safely. This would be in place from 11 September 2019 for an 18-month period.

·         It was reported that the Sports and Leisure Park Open Forum would take place on Friday, 13 September 2019 at 3.30pm in the Walton Suite and all were welcome to attend. In addition, the first meeting of the Station Approach Open Forum would take place on Monday, 16 September 2019 at 4.30pm in the Walton Suite and all were welcome to attend. The Forum would involve key stakeholders and would look at the public realm proposals.  Full details of all Open Fora were available on the Council’s website.

·         Ten new vehicles had been procured ahead of schedule to join the waste collection fleet for bin collections. The vehicles had Euro 6 engines which produced lower carbon emissions and would result in greater reliability with fewer breakdowns or delays to collections. Work was ongoing with Biffa to ensure service improvements continued.

·         The Council would shortly be launching a budget simulator on its website. In light of the difficult decisions faced by local authorities in recent years, due to budget cuts by the Government, this would enable residents to balance their own budget by cutting expenditure, increasing value etc. It was hoped that this would help residents take part in looking at priorities in terms of expenditure over the next four years with the aim of creating a balanced budget which could then be submitted.  Members were urged to take part in the process and to encourage local residents to participate.

To include a presentation from the architects on the proposals for the public realm

That the following be noted:

1.    That the Scrutiny Committee considered the contents of the report and the proposed recommendations to Cabinet on 14 August 2019 and made comments as set out in the draft minutes (Appendix 9)

2.    That the three specific areas for consideration raised by the Scrutiny committee along with associated comments as set out in the report and detailed in Appendix 8

3.    That the amendments made to the outline planning application, including reduced height, reduced parking and additional areas of active frontage to the public route through the site.

4.    That the introduction of an Open Forum to continue stakeholder engagement in the development of this proposal.

5.    That the feedback from the soft market testing as detailed in Appendix 3.

6.    That the RIBA equivalent Stage 3 report (Appendix 10) and cost plan for the Public Realm project.

7.    That this report concludes the review of the Station Approach scheme led by the Cabinet Member: Local Economy.

That the following be approved:

8.    That the allocation of a revenue budget of up to £220,000, as set out in Appendix 1 of the Report be approved, to undertake the selection process to enable the site disposal.

9.    That the progression of the Public Realm project to RIBA equivalent Stage 4 (Technical design) and Stage 5 (Construction Management) be approved and that this work proceeds at a financial risk to the Council (see para 2.8).

10. That a request be progressed for the allocation of up to £500,000 CIL funding to enable development of public realm works to improve connectivity between the Station area and the High Street and Sussex Street.

11. That the Strategic Director: Place be authorised to enter into the necessary agreement with Hampshire County Council (and any other necessary associated parties) to progress public realm design and construction management work.

12. That the Strategic Director: Place be directed to develop a schedule of and process for spend and payments for the LEP grant that assists with the active management of the risk of grant repayment.

That, contingent on the approval of the outline planning consent the following be approved:

13. The disposal of the Carfax site to a selected purchaser by way of a long leasehold, subject to agreed terms and conditions following a competitive selection process.

14. That detailed arrangements for the purchaser selection process for disposal are subject to a further report to Cabinet, having considered the specific comments of The Scrutiny Committee in this regard.

That it be recommended to Council:

15.  Approval to agree and to enter into the LEP Grant Agreement for a total sum of £5M based on the Heads of Terms (Appendix 6), with final amendments to be delegated to the Strategic Director: Place in consultation with the Cabinet Member for Local Economy.

16.  Approval to incur capital expenditure in stages totalling £5M to be funded from the LEP Grant recognising the terms and conditions attached to the grant agreement and that such expenditure will  ...  view the full decision text for item 7.

Cabinet noted that Appendix 9 (Minute extract of the Scrutiny Committee held on 14 August 2019) had not been notified for inclusion on the agenda within the statutory deadline.  The Chairperson agreed to accept this item onto the agenda as a matter requiring urgent consideration in order that regard be had to their content in reaching its decision.

Councillor Weir introduced the report and emphasised that the scheme had received support from the Local Enterprise Partnership, Hampshire County Council, the Hampshire Chamber of Commerce and the Winchester Business Improvement District.  Councillor Weir noted that the report had been considered by The Scrutiny Committee at the additional meeting held on 14 August 2019.  She thanked Councillor Learney for attending the meeting on her behalf and Members of The Scrutiny Committee for their time in the consideration of the report.

Councillor Learney emphasised that The Scrutiny Committee had supported the principles of the report. However, they had raised a number of comments and concerns.  Councillor Learney stated that primarily, these related to market timing, the Local Enterprise Partnership (LEP) funding and scrutiny of the desired outcome with baseline financial returns. The minute extract was set out in Appendix 9 to the report (less exempt minute).

In addition, Councillor Learney made reference to a representation received from Councillor Gottlieb which had also been taken into consideration.

In response Councillor Learney detailed some amendments that were proposed to the recommendations of the report for consideration by Cabinet, as follows:

Amended report recommendation 10

Removal of the wording ‘Carfax site’ from this report recommendation.

New additional report recommendation 12 (under ‘Approves’):

12.       That the Strategic Director: Place be directed to develop a schedule of and process for spend and payments for the LEP grant and assists with the active management of the risk of grant repayment.

Amended report recommendation 14 (previously recommendation 13, as set out in the report)

14.       That detailed arrangements for the purchaser selection process for disposal are subject to a further report to Cabinet, having considered the specific comments of the Scrutiny Committee in this regard.

At the invitation of the Leader, Katie Kopec, Director – Strategic Development Consulting at JLL (the Council’s Strategic Development Advisors), addressed Cabinet in respect of market timing opportunities. She emphasised that there was high demand for top quality Grade A office space in the district, with the availability of adequate space currently restricted. Research had been carried out which indicated that there was significant demand from businesses looking to secure greater space in structurally sound new offices where they are currently occupying aging facilities and where lease renewals were becoming due.

Mark Baulch, Dr Paul Spencer, Chris Gillam, Patrick Davies and Kate Macintosh spoke during public participation and Councillors Miller and Godfrey addressed Cabinet, at the invitation of the Leader, as summarised below:

Mark Baulch (Hampshire Chamber of Commerce)

·         Supportive of the Station Approach development for several years;

·         Businesses continue to grow and the new development was much needed for economic growth in  ...  view the full minutes text for item 7.

1.            That the commission of archaeological investigation in the Central Winchester Regeneration area be approved, through a two stage model, based on the principles of the specialist report received.

2.            That the Strategic Director: Place be authorised to determine the specification of archaeological investigation works to be undertaken in consultation with the Cabinet Member: Housing and Assets. 

3.            That a revenue budget of £250,000 be approved to be funded from the Major Investment Reserve to undertake the archaeological investigation work.

4.            That the Strategic Director: Place be authorised to establish the appropriate procurement process in accordance with the council’s contract procedure rules for the archaeological investigation works.

5.            That the Strategic Director: Place be authorised to award and enter into the contract for archaeological investigation works, including all necessary legal agreements. 

6.            That an increase to the Central Winchester Regeneration project budget of £18,000 funded by the Major Investment Reserve be approved.

Councillor Learney introduced the report which set out progress with the development of the Central Winchester Regeneration area.

It was reported that the work would be carried out to collect and monitor archaeological data to inform the scheme.  Baseline monitoring would take place over a period of 12 months. This would not prevent development and would run concurrently to progress with the redevelopment of the area. There was strong public demand to move forward with improvements to this area.

At the invitation of the Leader, Councillor Pearson addressed Cabinet, as summarised below:

·         Had an interest in archaeology as was part of the Winchester Excavation Group with Professor Martin Biddle and therefore appreciated the high cost involved in this respect;

·         He queried the funding available, as set out in the recommendations of the report and whether the developer would be funding archaeology works;

·         Expressed concern regarding the reference in the report to water logged ground and foul water;

·         Overall, welcomed the paper and looked forward to the works commencing on site.

In response to the points raised, the Head of Programme clarified that carrying out the proposed works on site would increase the value of the land which would more than cover the cost.  An early dig would be carried out to provide an informed approach when talking with developers. The site would continue to be monitored with seasonal changes in water levels to establish conditions beneath the surface.

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

RESOLVED:

1.         That the commission of archaeological investigation in the Central Winchester Regeneration area be approved, through a two stage model, based on the principles of the specialist report received.

2.         That the Strategic Director: Place be authorised to determine the specification of archaeological investigation works to be undertaken in consultation with the Cabinet Member: Housing and Assets. 

3.         That a revenue budget of £250,000 be approved to be funded from the Major Investment Reserve to undertake the archaeological investigation work.

4.         That the Strategic Director: Place be authorised to establish the appropriate procurement process in accordance with the council’s contract procedure rules for the archaeological investigation works.

5.         That the Strategic Director: Place be authorised to award and enter into the contract for archaeological investigation works, including all necessary legal agreements. 

6.         That an increase to the Central Winchester Regeneration project budget of £18,000 funded by the Major Investment Reserve be approved.

1.            That the additional budget of £90,000 to deliver the St. Maurice’s Covert enhancement scheme be approved, thereby increasing the overall budget to £225,000.

2.            That the Corporate Head of Regulatory be authorised to procure and award and to enter into the contracts for the improvements works to St. Maurice’s Covert in accordance with Public Contract Regulations 2015 (if applicable), the Council’s Contract Procedure Rules and Financial Procedure Rules for contracts of the relevant type and value of the intended contract.

Councillor Learney introduced the report and noted that the matter had originally been a project of the Winchester Town Forum over a number of years and that she welcomed the progress that was taking place. The works would enhance the heritage of the area in an important pathway to the Cathedral and it was noted that works would be taken forward by the Town Forum High Street Group.

Kate Macintosh spoke during public participation and Councillor Miller addressed Cabinet, at the invitation of the Leader, as summarised below:

Kate Macintosh

·         Applauded the works that were to be carried out to the Covert and welcomed the report;

·         The Council had carried out a good job in the landscaping of the High Street and these works would additionally add value to an important area and for all that enjoy the Cathedral and area surrounding it.

Councillor Miller (on behalf of Councillor Brook)

·         Welcomed the report to Cabinet but expressed concerns that no discussions had taken place with the Steering Group that had led the project prior to this report and with no recommendation from the group coming forward to Cabinet.

In response to the points raised, Councillor Learney clarified that there was a desire for works to commence without construction costs increasing any further.  A joint meeting of the Steering Group and the Town Forum High Street Group had taken place but it was unfortunate that not all group members were available to attend. It was confirmed that at the joint meeting, those present were keen to see the works progressed in a timely manner.

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

RESOLVED:

                        1.         That the additional budget of £90,000 to deliver the St.           Maurice’s Covert enhancement scheme be approved, thereby     increasing the overall budget to £225,000; and

2.         That the Corporate Head of Regulatory be authorised to procure and award and to enter into the contracts for the improvements works to St. Maurice’s Covert in accordance with Public Contract Regulations 2015 (if applicable), the Council’s Contract Procedure Rules and Financial Procedure Rules for contracts of the relevant type and value of the intended contract.

1.            That the PEIR consultation response be agreed in general (attached as appendix D to this report) and the approach to seek positive environmental benefits from the scheme having regard to the Climate Emergency declaration adopted 5 June 2019 be endorsed, with any final amendments to the response being delegated to the Corporate Head of Regulatory, in consultation with the Cabinet Member: Built Environment and Wellbeing.

2.            That the Strategic Director: Services be authorised to negotiate and enter into a planning performance agreement with Highways England to enable the City Council to fully participate in the DCO process.

3.            That delegation to officers be agreed, in consultation with the Cabinet Member for Built Environment and Wellbeing the role of responding to the planning inspectorate with regard to the Council’s responsibilities as the host authority for the M3 Junction 9 improvement scheme Nationally Significant Infrastructure Project.

4.            That a draft Local Impact Report be prepared and brought back to Cabinet that sets out the basis for an initial formal response to the Scheme to be submitted to the Planning Inspectorate as part of the DCO application process.

Councillor Porter introduced the report which set out the Council’s response to the preliminary consultation regarding M3 Junction 9. It was noted that the consultation response was due to be submitted by 30 August 2019 and this enabled Cabinet to give consideration to the report, with the opportunity for members of the public to address the meeting on this matter.

Councillor Porter emphasised that the Council’s response to the consultation supported both the aims of the Winchester Movement Strategy and those of the Council regarding climate change. The Council was one of the host authorities, alongside the South Downs National Park Authority (SDNPA) and Hampshire County Council (HCC) that were taking part in discussions with Highways England on this matter and this response was in respect of the preliminary report.

Councillor Porter set out the next steps which included defining a local impact report, continued dialogue with Highways England and infrastructure projects to develop a planning performance report. As a follow up, the aim would be to develop a Project Working Group/Board to seek funding through the process, in order to achieve a planning agreement which robustly tested the plan. Meetings with SDNPA and HCC would take place to explore these options.

Chris Gillham, Malcolm Wallace, Steve Hallett, David Ball spoke during public participation and Councillor Frank Pearson addressed Cabinet at the invitation of the Leader, as summarised below:

Chris Gillham (Winchester Friends of the Earth)

·         Require Highways England to fill in the gaps of the appraisal and expressed some concern regarding Highways England and their previous response to dealing with proposals for traffic around Stonehenge;

·         Plans for Carbon Neutrality of the District are of upmost importance;

·         Alarmed that the project was proceeding at all and suggested two matters for consideration within the response:

- Respond removing reference presupposing that the project should proceed;

- The Council could respond to say they are opposed to the scheme as it conflicts with the Council’s Climate Emergency declaration.

Malcolm Wallace (The Green Party)

·         Road Traffic was a major source of pollutants – emissions cause significant damage to human health and the environment and would deepen the impact of the Climate Emergency in Winchester;

·         The proposals would increase traffic and noise pollution in Winchester and have a detrimental impact on air quality and increase greenhouse gas emissions – all to achieve a 90 second time saving;

·         Considered that now was the time to take a different approach and stop the scheme for the benefit of everyone.

Steve Hallett (Extinction Rebellion Winchester)

·         Proposals were incompatible with the Council’s declaration of a climate emergency;

·         Building roads creates problems as it increases demand on the road and in several years will result in a further increase in emissions;

·         Suggested that sustainable transport be invested in as this could transform travel in the District if diverted from the road scheme;

·         Highways England plans fail to address the urgency in the erosion of the SDNP and the Winnall Moors.

David Ball

·         Expressed concern regarding paragraph 5.10 contained in  ...  view the full minutes text for item 10.

1.            That the Corporate Head of Housing be authorised to award  a design and build contract with FE Chase to construct 7 new properties at Rowlings Road, Weeke, Winchester for the sum of £1,109,048.21.

2.            That in accordance with Financial Procedure Rule 7.4, capital expenditure of £1,430,205 as set out in Appendix 1 of the Report be approved. 

3.            That the Strategic Director – Services Interim  be authorised to accept an increased Contract retention sum (as set out in paragraph 11.5) in lieu of a Performance Bond  

4.            That the Corporate Head of Asset Management be authorised to negotiate and agree terms to enter into easements, wayleaves and related agreements with utility suppliers, telecom/media providers and neighbours in order to facilitate the development.

5.            That the Service Lead – Legal be authorised to enter into the design and build contract with FE Chase and easements, wayleaves and related agreements with utility suppliers, telecom/media providers and neighbours in order to facilitate the development.

Councillor Learney introduced the report and noted that the scheme had been welcomed in the local areas and created more housing for local people. At the invitation of the Leader, representatives of TACT were present for the consideration of this report and CAB3182 (considered below) and were invited to the table for both items.

It was reported that FE Chase had been contracted to construct seven new Council properties on the former garage site in Rowlings Road, Weeke.  The build met the Council’s viability criteria with all properties to be rented out at 70% of market rents.

In response to the points raised by Ian Tait during public participation, it was reported that these properties would include the installation of gas boilers. However, it was noted that this would be assessed further in the future.

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

Councillor Miller

·         He welcomed the report which was also fully supported by the Conservative group.

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

RESOLVED:

            1.         That the Corporate Head of Housing be authorised to award  a design and build contract with FE Chase to construct 7 new properties at Rowlings Road, Weeke, Winchester for the sum of £1,109,048.21.

2.         That in accordance with Financial Procedure Rule 7.4, capital expenditure of £1,430,205 as set out in Appendix 1 of the Report be approved. 

3.         That the Strategic Director – Services (Interim) be authorised to accept an increased Contract retention sum (as set out in paragraph 11.5) in lieu of a Performance Bond   

4.         That the Corporate Head of Asset Management be authorised to negotiate and agree terms to enter into easements, wayleaves and related agreements with utility suppliers, telecom/media providers and neighbours in order to facilitate the development.

5.         That the Service Lead – Legal be authorised to enter into the design and build contract with FE Chase and easements, wayleaves and related agreements with utility suppliers, telecom/media providers and neighbours in order to facilitate the development.

1.            That the procurement and award of a cleaning contract to YBC Cleaning Services Ltd for an initial term of 3 years with an option to renew for up to 5 years be approved.

2.            That the Strategic Director: Services  be  authorised to enter into all necessary agreements with YBC cleaning services to provide a building cleaning service within the common and communal areas of the councils housing stock.

3.            That the Service Lead – Legal execute and enter into all necessary agreements.

Councillor Learney introduced the report and noted that the contract for cleaning of communal areas in the Council’s housing stock was due to be awarded to YBC Cleaning Services Ltd for a period of 3 years (with the option of a 2 year extension). 

At the invitation of the Leader, representatives of TACT addressed Cabinet and highlighted some areas of concern at several of the housing schemes in respect of missed fortnightly cleans.  It was agreed that this would continue to be monitored, particularly as tenants paid for this service via service charges.

In response, the Corporate Head of Housing (Interim) advised that she had recently met with TACT representatives to discuss this matter.  It was noted that the new contract commenced in mid May 2019 and that the contract and performance levels are being robustly monitored.  Officers were confident that improvements with the cleaning service will be seen over the next month. Cabinet were reminded of the break clauses in place on the contract if this failed to be delivered.  Tenants were encouraged to report any further problems if they remained dissatisfied with the service.

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

RESOLVED:

1.         That the procurement and award of a cleaning contract to YBC Cleaning Services Ltd for an initial term of 3 years with an option to renew for up to 5 years be approved.

2.         That the Strategic Director: Services  be  authorised to enter into all necessary agreements with YBC cleaning services to provide a building cleaning service within the common and communal areas of the councils housing stock.

3.         That the Service Lead: Legal execute and enter into all necessary agreements.

RESOLVED:

That the list of future items, as set out in the Forward Plan for September 2019, 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 noted that exempt Appendix 9 (Exempt Minute of the Scrutiny Committee held on 14 August 2019) had not been notified for inclusion on the agenda within the statutory deadlines.  The Leader therefore agreed to accept this item onto the agenda as a matter requiring urgent consideration in order that regard be had to their content in reaching its decision on the way forward with the proposals for Station Approach.

Cabinet had considered the contents of the exempt appendix to the report which included commercially sensitive information regarding the Financial and Commercial Appraisals as part of the proposals for the disposal options and approach, and market interest and viability for Station Approach, when they made their decision on this matter.