To authorise the Leader to sign the Minutes of the meeting held on 9 January 2023 as a correct record of the proceedings.

The Chair was authorised to sign the Minutes of the meeting held on 9 January 2023 as a correct record of the proceedings.

An apology for absence was received from Councillor A.K. Jeeawon.

To receive any disclosure by Members of personal and disclosable pecuniary interests in matters on the agenda, the nature of any interest and whether the Member regards the personal interest as prejudicial under the terms of the Code of Conduct.  Members are reminded of the need to repeat their declaration immediately prior to the commencement of the item in question.

Declarations of interest were made by Councillors in the Minutes as indicated below:

Field                Agenda Item 6 – Personal Interest as a Member of East Sussex County Council.

Maynard          Agenda Item 6 – Personal Interest as an Executive Member of East Sussex County Council.

Consideration was given to the report of the Chief Finance Officer on the draft Revenue Budget for 2023/24.  The budget had been scrutinised by the Overview and Scrutiny Committee (OSC) on 23 January 2023 and a copy of the Minutes arising from the OSC meeting had been appended to the report for Cabinet’s consideration.  Also appended to the report were details of the summary draft Revenue Budget, the summary information for each service area, Capital Programme, Special Expenses for 2023/24, savings identified in the Financial Stability Programme (FSP), Usable Revenue Reserves and the budget consultation results.

The following key issues were highlighted:

·           for 2023/24, to ensure the Council remained within the referendum limit, it was assumed that a Council Tax increase of £5.22 (2.70%) to £198.60 would be agreed for a Band D property;

·           the following budgetary changes had been made: £147,000 per annum saving with the devolvement of public conveniences to Bexhill-on-Sea Town Council; decrease of £30,000 Homelessness Prevention Grant; an increase of £21,000 Local Council Tax Support Grant; increase of £314,000 Business Rates; no changes to Government Grants for 2023/24 but some minor updates to the outer years; minor reduction of £10,000 on Council Tax to keep precept increase within referendum limits; and Special Expenses reinstated to reflect the two phases of the devolution programme;

·           the Council had been awarded £1.49m (in principle) Local Authority Housing Fund.  Approval was sought for 50% match funding from the Capital Programme to purchase temporary accommodation for homeless households;

·           the current Council Tax Reduction Scheme was considered effective and would continue to operate in 2023/24 subject to some minor legislative and calculation amendments; and

·           the amount of Reserves required to fund the Revenue Budget in 2023/24 equated to £2.035m.

The budget consultation closed on 31 January 2023 and 126 (123 residents) responses had been received.  A summary of the results had been disseminated to Members prior to the meeting and it was noted that 78% of responders agreed to streamlining services to deliver the same outcomes; 62% felt the proposed Council Tax increase was fair; 64% of responders supported the 10% increase on fees and charges and there was broad support for the Capital Programme.

During the debate, the following points were noted:

Ø  the cost of installing Electric Vehicle charging points across the district was not included in the budget;

Ø  in response to a question from Councillor Field, the Chief Finance Officer clarified the position concerning a recent comment made on social media that Reserves were £18 million in 2019 and were now £2 million.  He explained that the comment was misleading, and that Usable Revenue Reserves had not reduced to 2m. He also explained that the 2019 budget forecast indicated Usable Revenue Reserves would be about £7.4 million by March 2023 and the Quarter 3 Monitoring report (also on this agenda) expected the figure to be almost exactly the same.  The 2023/24 revenue budget report also predicted that Reserves would stand at £5.3 million by March 2024.  Finally, the  ...  view the full minutes text for item CB22/66.

Cabinet received Minute OSC22/45 arising from the meeting of the Overview and Scrutiny Committee (OSC) held on 23 January 2023 that had considered the results of the recent consultation on the proposed Rother Health and Well-Being: Leisure Facilities Strategy.  It was noted that the consultation had attracted an excellent response rate of 685 allowing for meaningful feedback on the draft strategy, although Members were disappointed to note that the there had been a poor response from the parish and town councils (10 out of 33) and notably missing was a response from Bexhill-on-Sea Town Council.     

Overall, the consultation results were strongly supportive of the draft strategy, its principles underpinning the vision, and the aims and objectives and it was not considered necessary to change any of the recommendations.  There had been less support for the concept of parish and town councils as important partners, as responders felt this provided an additional layer of bureaucracy, funding difficulties and a view that such provision should be provided centrally by Government and Sports Council.  The OSC had recommended that some additional commentary could be added to paragraph 5.3 of the draft Strategy to better reflect some of the comments made concerning elements that were considered missing from the Strategy. 

The OSC had been disappointed that Cabinet had not previously approved their suggested re-wording for Key Principle 2 of the Strategy that had put greater emphasis on Rother District Council’s (RDC) role as a deliverer – no other organisation / private sector provider was going to develop and deliver the type and range of leisure facilities that the public wanted.  The Strategy should be an aspirational document and opportunities could present themselves in the future to enable development.  The OSC had therefore recommended for a second time that Key Principle 2 be reworded to ensure that any future potential Government funding streams would be accessible, should an opportunity present itself.

It was noted that the first draft Playing Pitch and Leisure Facilities Strategy currently being undertaken jointly by the planning teams of both RDC and Hastings Borough Council was with officers for comment and would be circulated more widely by the consultants in due course.    

Cabinet considered the comments of the OSC but were not supportive of amending the wording of Key Principle 2, as requested for a second time.  The Strategy had been developed by undertaking research, finding out what residents wanted and then producing a Strategy that delivered the wants and needs.  The provision of opportunities to meet the health and well-being needs of residents was not just about the building of leisure centres, which would never show a return on investment, but facilitating and offering a whole range of opportunities.  Cabinet was confident that the Strategy would put the Council in a good place to bid for Government funding as and when opportunities became available in the future.      

RECOMMENDED: That the draft Rother Health and Well-Being: Leisure Facilities Strategy be approved and adopted as originally drafted with additional commentary at paragraph  ...  view the full minutes text for item CB22/67.

Consideration was given to the report of the Director – Place and Climate Change regarding the proposed Council Led Housing Development at Old Lydd Road, Camber (a small carpark and former putting green). 

In 2022, the Council was awarded £185,000 from the Brownfield Land Release Fund (BLRF) Round 2 (a cross-government initiative) alongside Strategic Property Asset Collaboration in East Sussex (SPACES) to help bring forward housing on a complicated and unique site just behind Camber Sands, Sites of Special Scientific Interest (SSSI) and RAMSAR Beach.  The BLRF was established to support council-led developments with remediation works on previously attributed Brownfield land e.g. industrial plots, garages, yards and carparks etc.

In November 2022, the Council submitted an amended planning application and it was noted that the site could not be progressed until planning permission was approved.  Information on previous planning submissions was detailed in Appendix A to the report.  The following requirements would be applied to the proposed scheme namely it would provide up to 50% mixed affordable housing, plus a covenant would be applied to prevent the use as second homes or holiday lets, and sale / ownership priority would be given to local people with a connection to Camber.  The Local Ward Member was supportive of the scheme, provided that it could be earmarked for local use as opposed to second home ownership.  

The £185,000 funding would be used as follows: £55,000 for site preparation, levelling and sand clearance; and £133,000 for external drainage including sand traps and a complex drainage system to safeguard the adjacent SSSI.  A further £210,000 would be required from the Capital Programme to progress the site to the next stage.

Following discussion, Cabinet was supportive of the scheme being included within the Capital Programme with a budget provided partially from the BLRF Round 2.  Subject to planning permission being granted, Cabinet agreed that delegated authority be granted to the Director – Place and Climate Change to accept the £185,000 BLRF Round 2 grant to deliver the site, procure the contractor(s) to complete remediation works and enter into other contracts as necessary.  It was also agreed that an additional £395,000 be taken from the Capital Programme to progress the project (to be reimbursed by eventual capital receipts).  It was noted that a modular form of housing was being considered for this site, given the site constraints.

RECOMMENDED: That the Old Lydd Road, Council Led Housing Development be included in the Council’s Capital Programme with a budget provided partially from Brownfield Land Release Fund Round 2 subject to planning permission being granted.

AND

* RESOLVED: That:

1)    the Director – Place and Climate Change be granted delegated authority to accept the £185,000 grant from the Brownfield Land Release Fund Round 2, for the purposes of delivering this project;

2)    an addition to the Capital Programme of £395,000, funded by £185,000 Brownfield Land Release Fund and £210,000 capital borrowing be authorised to facilitate the remediation and delivery of the site for housing (to be reimbursed  ...  view the full minutes text for item CB22/68.

In accordance with the Members Allowances Regulations 2003, before the Council could agree its allowance scheme to apply from May 2023, the Council had to have regard to the recommendations made by an Independent Remuneration Panel (IRP).  The IRP was made up of three members of the public who had applied and been appointed to the role; together they considerable experience in local government and membership of other remuneration committees for other local authorities. 

The Panel had met on four occasions, interviewed key Members and officers and been in receipt of detailed documentation as background information to enable them to fulfil their role.  Comparison data on other East Sussex authorities was provided at Appendix A to the report and a copy of the IRP’s full report was attached at Appendix B to the report.  

The IRP had made a total of 15 recommendations, the key ones as follows:

·         that the Basic Allowance be increased by 5%;

·         that the proposed allowances be set for one year only, subject to a further review in 2023;

·         the dependent / childcare allowances be increased to £14.00 and £10.42 respectively with provision to pay a higher amount subject to prior approval;

·         that Special Responsibility Allowances (SRA) be paid as a ratio of the Basic Allowance;

·         that the Vice-Chair of the Planning Committee be paid an SRA;

·         that the SRA for the Other Political Group Leaders be increased and the per member amount be removed to simplify administration;

·         that each of the subsistence allowances, breakfast, lunch, tea and dinner be increased by approximately 10% and reviewed in 2023;

·         that the Human Resources Committee be invited to consider if the staff and Members subsistence rates should be matched; and 

·         that the Members Allowance Scheme within the Constitution be updated to simplify the language and make it more accessible.

Cabinet had taken soundings on the IRP’s report and had concerns over several of the recommendations and whilst no formal amendments were suggested, made the following comments for Council’s consideration:

·         clarity on why the use of an electric vehicle was only reimbursed 8p per mile, compared to 45p per mile for petrol/diesel/hybrid vehicles;

·         the proposed increase in caring costs was welcome;

·         the concept of ratios being applied to the Basic Allowance to calculate SRAs was supported, but not the ratios suggested;

·         felt the issues had not been explored sufficiently, as some SRAs had decreased because of the ratios applied (Cabinet Members and Spokespersons);

·         Chairs of Audit and Standards and Licensing and General Purposes Committees had an increase but did a lot less work;

·         if Planning Committee Vice-Chair was to receive an SRA then consideration should be given to Vice-Chair of the Overview and Scrutiny Committee;

·         the standardisation of one payment to Group Leaders with the removal of the per-Member allowance was not supported; the more Members in a Group the more work there was for a Group Leader; and

·         there was no relation to the budget or cost of travelling expenses etc.

The Leader of the Council acknowledged the  ...  view the full minutes text for item CB22/69.

The post of Chief Finance Officer (CFO) was a statutory post which the Council was required to have and whilst there was not a statutory requirement for full Council to approve the appointment, this was common practice in many authorities. 

The Council’s current Section 151 Officer, Antony Baden was leaving the Council on 19 February 2023 and Cabinet recommended that the appointment of Duncan Ellis as the Interim CFO / Section 151 Officer with effect from 20 February 2023 be confirmed until a substantive appointment was made.  Full Council would be meeting on 20 February 2023 to formally endorse the appointment.

Members paid tribute to and thanked the departing Chief Finance Officer for his stewardship of the Council’s finances during his time and for his candid approach. 

RECOMMENDED: That Duncan Ellis be designated as the Council’s Interim Chief Finance Officer (Section 151 Officer) with effect from 20 February 2023.

Members considered the report of the Director – Place and Climate Change which sought approval to add to the Council’s Capital Programme, the Government’s Levelling Up Fund (LUF) of approximately £19.2m to support projects at De La Warr Pavilion (DLWP) and Sidley Recreation Ground (SRG).  The Levelling Up Fund was designed to invest in infrastructure that improves everyday life across the UK.  It was noted that the funding was project-based and could not be spent on anything other than the projects that had been awarded the funding.

Project details, were as follows:

·           DLWP – total capital investment of £23.2m (£17m LUF, plus £850,000 Community Infrastructure Levy (CIL) contribution).  In addition, the DLWP had secured £400,000 from the Arts Council England and was seeking a further £4.8m from other funding sources.  They would also be submitting a bid to the CIL Climate Emergency Bonus Fund to support carbon neutrality ambitions.  It was noted that this funding would not support other related works along the seafront namely the fountain or the Colonnade.  However, officers would be exploring options and recommendations would be presented to Cabinet later in the year.

·           SRG – total capital investment of £2.692m (LUF) to support a programme of projects and connect Sidley with the DLWP and town centre.  Projects included sustainable community learning spaces, 3G pitch, upgrading toilet (disabled access) and changing facilities, and increase local resident services and activities.

A full economic and social impact assessment had been undertaken and as a result of these projects, the district would benefit from an £85m economic boost.  Due to the complexity of the projects and number of partners involved, a robust management / governance structure had been created which was identified at Appendix A to the report.  A programme manager would be appointed to oversee delivery of the programme and a project manager would be assigned to each of the projects to ensure delivery of the schemes within the tight timescales.

Following discussion, Cabinet was supportive of the LUF funding for both projects being included within the Capital Programme.  Subject to full Council approval, Cabinet agreed that delegated authority be granted to the Director – Place and Climate Change to accept the £19,192,000 LUF, the £850,000 CIL contribution for the DLWP project, to source other funding opportunities, to procure the contractor(s) to complete the projects and agree terms and conditions, in consultation with the Cabinet Portfolio Holder for Transformation, Procurement and Social Value.  Members also approved the programme governance structure.

Cabinet agreed that both projects would secure a future for the DLWP, significantly improve its carbon output and improve facilities within Sidley and provide long term sustainability and much needed services to the community.  It may also provide an opportunity in the future for the Council to consider the level of its annual contribution to the DLWP.  Members paid tribute to the efforts of all involved in bringing the bid to fruition and success, including key officers and the local MP, Huw Merriman and his team.

RECOMMENDED: That the  ...  view the full minutes text for item CB22/71.

Members received and considered the report of the Chief Finance Officer on the Revenue Budget and Capital Programme Monitoring Quarter 3 2022/23. The report updated Members on the Council’s finances as at the end of December 2022 and projected provisional outturn for 2022/23.  The Revenue Budget, Capital Programme Statements and impact of the forecast on the Council’s reserves were summarised at Appendices A, B and C to the report respectively.

At the end of Quarter 3, the Revenue Budget showed a surplus of £0.133m, against the approved budget drawdown from reserves of £3.187m which would reduce the reserve drawdown to £3.054m at the year end.  The report detailed the material variances and the forecast was summarised at Appendix A to the report.

Since Quarter 2, there was an increased deficit of £29,000 within the Financial Stability Programme which was attributed to a review of existing agreed savings.  Progress had been made with Bexhill-on-Sea Town Council regarding the devolvement of 14 public conveniences in the town.  Savings from 1 April 2023 for running costs were anticipated to be approximately £147,000.  Engagement was also underway regarding other devolvement opportunities across the district.

The revised Capital Programme budget was £136.7m, the actual spend as at December 2022 was £17.2m.  It was noted that the Beeching Road Hotel and Food Store Development was in its initial stages and was scheduled to progress in the next financial year.  The Barnhorn Green GP Surgery was progressing well, and planning permission was submitted in December 2022.  The Property Investment Panel would continue to monitor all projects.  The Blackfriars Housing Development road scheme was progressing to a revised plan and the King Offa site had secured Brownfield Land Release Fund and capital funding which would be spent in due course.  It was noted that the Disabled Facilities Grant was being spent and Temporary Accommodation Purchase Budget would be allocated when suitable properties became available.

The forecast impact on reserves was a drawdown of £3.172m against the planned use of £3.561m, which was £0.389m lower than the budget. 

The Council Tax collection rate at the end of Quarter 3 was 75.55% of the collectable debit, which was 0.16% lower than the corresponding figures in 2021/22.  The Business Rates collection rate at the end of Quarter 3 was 77.69% of the collectable debit which was 12.413% higher than the corresponding figure in 2021/22.  It was noted that the collection rates continued to hold well despite the cost of living crisis.  The next few months would provide a clearer picture on the impact of the current economic crisis on the Collection Fund rates.

The Capital Programme was forecast to underspend by £114.7m against the revised budget with slippage relating to schemes in 2022/23.  The Chief Finance Officer and Heads of Services would review and carry forward slippage into future financial years, if required.

RESOLVED: That the report be noted.

In 2020, the Council formally approved a Public Spaces Protection Order (No1A) (PSPO) to control dogs.  The PSPO would expire in January 2024 and would need to be renewed if it were to stay in place.  It was proposed to conduct a two-stage consultation process by firstly asking the parish and town councils across the district what controls they wanted to retain and / or add and then consult more widely on the proposals with the public and other required stakeholders (the Police, Police and Crime Commissioner and East Sussex County Council). 

PSPOs were designed to ensure the law-abiding majority could enjoy public spaces, safe from anti-social behaviour.  They had a three-year duration or could be shorter where appropriate.  More than one restriction could be added to the same PSPO, meaning that a single PSPO could deal with a larger range of behaviours.  PSPOs could be enforced by council officers, the Police or Police Community Support officers.

RESOLVED: That:

1)     officers be authorised to consult with the Public, Police, Police and Crime Commissioner, East Sussex County Council and Parish and Town Councils on renewing the Public Spaces Protection Order (No 1A) 2021; and

2)     delegated authority be granted to the Deputy Chief Executive and Head of Environmental Services, Licensing and Community Safety to authorise prosecutions for offences under the Anti-social Behaviour, Crime and Policing Act 2014.