To approve the Minutes of the Meeting held on 23 September 2020 (Minute Nos. 121 -131) as a correct record.

The Minutes of the Meeting held on 23 September 2020 (Minute Nos. 121 – 131) were taken as read, approved and signed by the Chairman as a correct record.

Cabinet 28.10.2020

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the meeting while that item is considered.

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

Councillor Richard Palmer declared a Disclosable Pecuniary Interest in respect of Item 4 Review of Fees and Charges 2021/22 (page 37 of the report) as his company delivered Food Hygiene Training, Councillor Palmer was advised that as his company did not pay the fees charged, a declaration was not necessary. 

The Leader and Cabinet Member for Finance introduced the report which invited Cabinet to consider the proposals for the level of fees and charges to be levied for the next financial year 2021/22.

The Cabinet Member for Planning referred to pages 23 and 24 of the report and considered that all fees for Travelling Fairs and Circuses should be set the same, at £200.  He highlighted the variances in fees for similar events. The Cabinet Member for Economy and Property highlighted the costs on Street Trading fees.  Further information on the cost variances was requested.  In the debate that followed, the Monitoring Officer suggested that the following recommendation could be added, to allow for further clarification on the costs:

That delegated authority be given to the Leader and Cabinet Member for Finance to amend the fees and charges and/or the wording to the Travelling Fairs and shows, and Street Trading fees prior to reporting Scrutiny Committee, following consultation with the Head of Commissioning, Environment and Leisure Services and the Chief Financial Officer for further detail on costs and taking into account the view expressed by the Cabinet Member for Planning and the Cabinet Member for Economy and Property.

On being put to the vote, Members agreed the inclusion of the additional resolution.

The Cabinet Member for Health and Wellbeing drew attention to all enquiries that charged a fee, as highlighted on page 12 of the report, and that they should be charged regardless of whether the enquiry was as a Freedom of Information request or not.

The Deputy Leader of the opposition highlighted the increase to Garden Waste Subscription at page 28 of the report and asked Cabinet to consider whether the increase might discourage use of the service.

Recommended:

(1)  That the proposed fees and charges 2021/22 as set out in this report be approved subject to any amendments set out under delegations (2) and (3).

(2)  Regarding Pest Control that delegated authority be given to the Head of Commissioning, Environment and Leisure Services in consultation with the Chief Financial Officer and the Cabinet Member for Environment to amend the fees and charges and/or the wording to the Pest Control charges bases on the outcomes from industry research and expressions of interest over the coming months, and to implement the revised charges to reflect any new pest control contract start dates (which may be before or after 1 April 2021). If a suitable contract is not deemed viable, these fees and charges will be removed.

Resolved:

(3)  That delegated authority be given to the Leader and Cabinet Member for Finance to amend the fees and charges and/or the wording to the Travelling Fairs and shows, and Street Trading fees prior to reporting Scrutiny Committee, following consultation with the Head of Commissioning, Environment and Leisure Services and the Chief Financial Officer for further detail on costs and taking into account the view expressed by the Cabinet Member for Planning and the Cabinet Member for Economy and Property.

The Leader introduced the report and said that no changes to the existing scheme were proposed.

Recommended:

(1)  That the Council Tax Support scheme for 2021/22 is kept the same as 2020/21 and the Council Tax Support continues as a maximum reduction of 80%

The Human Resources Manager introduced the report which sought to extend the current contract with Matrix to provide agency workers, by a further year and to re-tender the service in 2021.  She explained that there had been a review of the service provided by Matrix from November 2018 to December 2019 as outlined at paragraph 2.4 on page 95 of the Agenda.

Resolved:

(1)  To extend the Matrix contract by 1 year in December 2020 on the existing framework arrangements.

(2)  To re-tender the service in 2021 to allow the necessary time to undertake the tendering and implementation process for the Managed Service Provider Contract.

The Cabinet Member for Housing introduced the report which sought to adopt the Housing Allocations Policy 2020.  He explained that a public consultation on the policy had been carried out and said that it was a fair, transparent and liberal policy which would enable the Council to make efficient use of affordable housing, prioritising those with the greatest need. 

The Cabinet Member for Housing said that the respondents to the public consultation broadly agreed with the changes proposed, although a minority wanted to prevent the introduction of the lower residency criteria.  He explained that the current criteria of living in the Borough for 4 out of 5 years caused significant issues and was excessive compared to other Councils, and Government guidelines which recommended 2 years as proposed in the new Policy.

The Cabinet Member for Housing drew attention to Band E: Rural Housing on page 147 of the Agenda which, as a result of the consultation, had been expanded to include residents who qualified for community-led housing from the Community Land Trust.

The Cabinet Member for Planning congratulated the Cabinet Member for Housing on the Policy and said it was the correct way forward.

A Member agreed that those in the highest need should be prioritised but he did not think the policy addressed the existing need, and would increase the numbers to an unachievable level, giving non-residents more priority.  He expressed his disappointment that some comments arising out of the consultation had been disregarded.  In response, the Cabinet Member for Housing gave an example of how the current policy was unfair and said that living in a Borough for 2 years was standard criteria throughout the country.  He said the policy addressed the issue for those residents that had to leave the Swale area, for example due to educational or employment reasons, but it was still their home.  The Cabinet Member for Housing agreed that the new Policy would increase the numbers on the housing list but would allow the Council to gauge the issue.  Finally, he said that the Policy would meet the true needs of the Borough.

Resolved:

(1)  That the Housing Allocations Policy 2020 be adopted.

The Cabinet Member for Economy and Property introduced the report and explained that Cabinet Members noted the Visitor Economy Framework Action Plan at Cabinet in July 2020 which then went out to public consultation.  She referred to the public consultation feedback within the report and gave thanks to officers and various organisations for their input.

The Leader and Cabinet Member for Finance also gave his thanks and said that there was great potential to development the visitor economy in Swale.

A Member suggested that more detail on aviation and birdwatching be included in the document.  He asked how the priorities would be achieved with limited staff and funding resources and suggested a more achievable priority list and more detail of the partnerships with other organisations.  In response, the Leader and Cabinet Member for Finance said there would be resources to ensure the priorities were delivered.  The Cabinet Member for Economy and Property referred to Appendix II which outlined the prioritisation of the actions and said that many organisations were involved and Swale Borough Council (SBC) were acting as the enabler in the partnership working.  She drew attention that delivery partners and timescales were outlined in the document and said that work on some of the short-term priorities had already commenced. 

Resolved:

(1)  That the Visitor Economy Framework Action Plan consultation feedback be noted.

(2)  That the Visitor Economy Framework Action plan be endorsed.

The Cabinet Member for Economy and Property introduced the report and said that the Economic Improvement Plan was an overarching framework.  She said that the Council had to take advantage of any opportunities during the Covid-19 pandemic and the plan set out the Council’s priorities.  The Leader and Cabinet Member for Finance referred to paragraph 2.2 on page 199 of the Agenda which gave the overarching priorities and highlighted the impact the lack of skills within Swale had had on growth in the Borough and how vital the skills agenda was.

A Member supported the Economic Improvement Plan and recognised the impact the Covid-19 pandemic had.  He referred to the lorry and coach parking provision and improvement to broadband in rural areas, listed as priorities on page 207 of the agenda.  The Leader said the provision of a lorry park required proper planning for the whole of Swale.

Resolved:

(1)  That the Economic Improvement Plan 2020-2023 be approved and adopted.

The Leader and Cabinet Member for Finance reminded Members that any discussion on the exempt Appendix Business Plan would take place in closed session.

The Cabinet Member for Housing introduced the report and said that prior to the Covid-19 pandemic a paper was considered by Cabinet, highlighting the options for the delivery of additional, affordable housing within the Borough and the establishment of a Local Housing Company (LHC) was part of that delivery.  He said that the Business Plan, governance structures and financing of the company had been carefully considered and developed by officers and members of the Cabinet. 

The Cabinet Member for Housing said the plan was for additional housing on Council-owned land, with the highest possible environmental standards that could viably be achieved.  He said that the forming of the company offered long-term opportunities for the Council to directly intervene in the housing market, along with tenure flexibility to ensure that projects were financially viable and did not place the Council in any undue, significant financial risk. The Cabinet Member for Housing highlighted that many other Councils throughout the country had successfully established their own housing companies to deliver affordable housing and long-term income for their authorities.  Finally, he said that, if approved, the proposal would be the second largest investment by the Council, after the Spirit of Sittingbourne project which had carried more risk, and the Council was fully committed to delivering additional affordable housing.

The Deputy Cabinet Member for Housing highlighted the rise in homelessness and those households in temporary accommodation in Swale, despite more recent additional resources.  He referred to previous proposals to address the homeless issue which were considered to be unviable by the previous administration, and he referred to the report which set out the viability of the proposal.  The Deputy Cabinet Member for Housing said that the proposal indicated a fundamental change in direction that was essential if the Council were to combat the effects of Universal Credit, the Covid-19 pandemic and BREXIT on the unemployment figures and their consequence.  He referred to the income stream that would be received from the LHC which would assist in the revenue budget.

The Cabinet Member for Economy and Property said that the proposal, if agreed, would be a huge investment in the Council’s time and resources but was one of the few things the Council could do to influence its housing stock.  She said that the setting up the LHC would be a milestone for the Council and would be for the benefit of the residents of the Borough.  The Cabinet Member for Economy and Property acknowledged the huge task of setting the company up but gave her full support.

The Leader and Cabinet Member for Finance reminded Members that when the coalition came into office, they wanted to make better use of the planning system to secure more affordable housing and he said that if all the planning approvals that had been granted with affordable housing were implemented over the next five years,  ...  view the full minutes text for item 215.

Resolved:

(1)   That the recommendations in Minute Nos. 182 and 183 be agreed.

To decide whether to pass the resolution set out below in respect of the

following items:

That under Section 100A(4) of the Local Government Act 1972, the press

and public be excluded from the meeting for the following items of

business on the grounds that they involve the likely disclosure of exempt

information as defined in Paragraph 3 of Part 1 of Schedule 12A of the

Act:

3. Information relating to the financial or business affairs of any particular

person (including the authority holding that information).

The Leader proposed that the meeting be held in closed session in order to consider the exempt appendix.  The proposal was seconded.

Resolved:

(1) That under Section 100A(4) of the Local Government Act 1972, as

amended, the press and public be excluded from the meeting for the

following item of business on the grounds that it involves the likely

disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act.

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Members noted the confidential appendix Business Plan.

The meeting was adjourned from 8.13pm to 8.16pm.