To authorise the Leader to sign the Minutes of the meeting held on 27 February 2023 as a correct record of the proceedings.

The Chair was authorised to sign the Minutes of the meeting held on 27 February 2023 as a correct record of the proceedings.

There were no apologies for absence.

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.

Bayliss             Agenda Item 8 – Personal Interest as a resident within the Bexhill Conservation Area.

Courtel            Agenda Items 8 and 10 – Personal Interest as a resident within the Bexhill Conservation Area and a Personal and Prejudicial Interest as a Permit Holder at Eversley Road Car Park respectively.

Field                Agenda Items 9 and 10 – Personal Interest as an elected Member of East Sussex County Council and a member of the Planning Committee that considers Traffic Regulation Orders.

Maynard       Agenda Items 9, 10 and 15 – Personal Interest as an Executive Member of East Sussex County Council.

The following item includes material which is exempt from publication by virtue of Part 1 of Schedule 12A of the Local Government Act 1972, as amended, and it is recommended that the press and public be excluded.  The relevant paragraph of Schedule 12A indicating the nature of the exempt information is stated after the item and is reproduced in full at the end of the agenda.  In all the circumstances of each case, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED: That the press and public be excluded whilst matters containing exempt information, as prescribed by Part 1 of Schedule 12A of the Local Government Act 1972, as amended and relating to Minute CB22/96, was under consideration. The report submitted in connection with this item and which contains information exempt from publication by virtue of Part 1 of Schedule 12A to the Act shall remain confidential if and so long as, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 

CB22/89.         RECOMMENDATIONS OF THE ANTI-POVERTY TASK AND FINISH

(6)                    GROUP

Cabinet received Minute OSC22/60 arising from the meeting of the Overview and Scrutiny Committee (OSC) held on 13 March 2023 that had considered the recommendation of the Anti-Poverty Task and Finish Group that the Council adopts the socio-economic duty under Section 1 of the Equality Act 2010.

Cabinet was pleased to recommend to Council that by voluntarily adopting the duty, the Council would strengthen the ongoing anti-poverty work, support an inclusive economy, and equalities approaches, and contribute to the ‘levelling up’ agenda.  The Council would need to amend its Equality, Diversity and Inclusion Policy and processes, including the Equality Impact Assessment process and in doing so, ensure socio-economic inequality was considered in all future policy development such as the new Corporate Plan, Regeneration Strategy, and Housing Strategy.

RECOMMENDED: That the:

1)     socio-economic duty, under Section 2 of the Equality Act be adopted when making decisions and that relevant policies and procedures be amended to reflect this; and

2)     socio-economic duty be reflected in the new Corporate Plan.

In 2020, the Government committed up to £30m to support the installation of Changing Places Toilets (CPTs) across England, following a successful campaign for CPTs to be installed in all large public spaces to enhance peoples’ accessibility to their community.   CPTs provided space for a toilet, shower and equipment to assist with manoeuvrability for people with profound and multiple disabilities, including physical disabilities to use the toilets safely and comfortably.     

The district of Rother currently had no CPTs and was part of the priority list for funding in the second tranche with a deadline of registration by the end of March 2024.  The Changing Places Fund application and decision notice were appended to the report.  An application was made to the Department for Levelling Up, Housing and Communities (DLUHC) who had allocated funding of £121,932.00 towards two facilities at Pebsham Community Centre and Camber Sands Central car park toilets.

The inclusion of a CPT at Camber Sands Central car park formed part of a larger improvement project to the Council’s whole visitor support infrastructure which was to be funded, in the main by a successful Community Infrastructure Levy (CIL) bid of £943,301 approved by the CIL Panel on 14 March 2023.  The CIL bid proposed to refurbish and extend the main tourist infrastructure for Camber Sands including an additional 45 toilets and a CPT.  Details of the scheme and the bid were appended to the report.

The Second CPT would be within the existing Pebsham Community Centre (PCC), leased from RDC by the Pebsham Community Association (a registered charity) since the mid-1980s.  The charity was in the process of planning improvement works to make the centre more accessible and had been approached by several local groups whose members had accessibility needs and had requested the installation of a CPT.  The PCC had received quotes for the works to fully install and deliver a CPT within the building for £53,432. 

Both projects required full Council approval to add to the Council’s Capital Programme in order to manage the grant funding (DLUHC and CIL) in accordance with the standard accounting requirements and the necessary funding agreements being in place.

However, in order to meet the deadline proposed by DLUHC of registration of both CPT facilities by March 2024, work needed to commence on the projects prior to the next full Council meeting and it was therefore recommended that an amount of up to £100,000 be secured from the Repairs and Renewals reserve so that the early work required to ensure delivery of the schemes by the end of March 2024 could commenced.  It was agreed to grant the Head of Neighbourhood Services delegated authority to commence Royal Institute of British Architects (RIBA) Stage 2 and 3 design work and submit for planning approval and, subject to full Council approval, the Director – Place and Climate Change was granted delegated authority to procure and enter into contracts and complete all necessary works to deliver the facilities.

Cabinet was delighted to recommend that the  ...  view the full minutes text for item CB22/90.

Members considered the comprehensive report that set out progress made to secure a provider to install and operate Electric Vehicle Charging Points (EVCPs) within Council owned car parks at nil capital investment cost to the Council.

The Council had appointed EB Charging to assess EVCP viability within Council car parks, subject to individual car park restrictions including legal and UK Power network capability, and costs. EB Charging would be responsible for the installation and all further operational aspects including ongoing management, maintenance of EVCP infrastructure and pricing.

EB Charging would provide the required EVCP infrastructure and management, subject to partial funding by the On-Street Residential Chargepoint Scheme (ORCS) administered by the Office of Zero Emission Vehicles (OZEV).  Funding would cover up to 60% of eligible capital costs with the remaining funding sourced separately by EB Charging.  Subject to funding being awarded, a 10 year contract would be agreed with EB Charging to allow for a return on capital investment and supported the business case for the funding.

After an internal review of suitable Council operated car parks the provider was instructed to assess viability within the following nine car parks:

i.          Wainwright Road, Bexhill

ii.         De La Warr, Bexhill

iii.         Manor Barn and Gardens, Bexhill

iv.        Sidley, Bexhill

v.         Upper Market, Battle

vi.        Mount Street, Battle

vii.        Bedford Place, Rye

viii.       Lucknow Place, Rye

ix.        Camber Sands Central car park

Unfortunately, following the appropriate engagement with UK Power Networks Bedford Place and Lucknow Place car parks, both in Rye, were deemed unsuitable for chargepoints at this time, as the local power network would need substantial upgrading, costing in excess of £250,000, although the situation would be kept under review.  The remaining seven viable car parks had been included in the ORCS funding application being submitted imminently, with a decision within 12 weeks and installations starting as early as June; the total EVCP installation costs were circa £309,589.20 (excluding VAT).

The project proposed the installation of three double headed fast chargers within each car park, allowing for up to six electric vehicles to charge simultaneously at each site.  It was noted that high level viability for EVCP installation at various Village and Community Halls across Rother was also being considered via the Council’s Village Halls Energy Project (VHEP) as these are not Council owned assets.

The report highlighted the key considerations and necessary works to install the chargers including temporary footpath, road and car park closures and planning permission for those car parks near Grade II listed buildings (De La Warr and Manor Barn).

It was noted that in accordance with the Council’s Parking Places Order 2020 non-electric vehicles or electric vehicles not actively charging when parked within an EVCP bay would be in breach of the PPO and therefore subject to the full car park standard charge of £80.   Parking charges (where applicable) were also payable in addition to the charges applied by EB Charging for the use of  ...  view the full minutes text for item CB22/91.

Cabinet received Minute OSC22/58 arising from the meeting of the Overview and Scrutiny Committee (OSC) held on 13 March 2023 that had considered the recommendations of the Health and Well-Being Task and Finish Group.

The OSC had agreed with the findings of the Group that there were many cross overs with the Council’s Anti-Poverty Strategy, the Environment Strategy and the Leisure Facilities Strategy and it was therefore proposed that the Council’s health and well-being strategy should sit alongside these and that all four strategies should form the foundation stones of both the Corporate Plan and Local Plan.

Cabinet was reluctant to support recommendation 6) as presented as it could raise expectations that Rother District Council would be providing actual services rather than working in partnership with the parish and town councils and other stakeholders across the District in a co-ordinator / enabling role; it was agreed to amend the recommendation to clarify that point.  It was noted that the OSC would review progress against the recommendations in years one and three.  

RESOLVED: That:

1)          health and well-being be a foundation stone of the next Corporate Plan and Local Plan;

2)          a partnership with agencies such as East Sussex County Council, NHS Sussex and the Voluntary Community and Social Enterprise sector be developed and built on a whole systems approach to avoid duplication, maximise resources and ensure connectivity of approaches;

3)          a health impact (including health inequalities assessment) section be included in Cabinet reports;

4)          a register of Leisure Provision in the district be compiled, which could include an audit of footpaths and bridleways, village halls, playing fields and green spaces, in addition to the built leisure facilities that are found in our district, in partnership with parish and town councils;

5)          a Health and Well-Being section be created on the Council website and the Active Rother Facebook page be promoted;

6)          in fulfilling its community leadership role, the Council support and work in partnership with parishes and towns to help parish and town councils provide leisure facilities, including existing swimming facilities where appropriate, by signposting them to relevant funding streams and encourage and promote venues offering facilities for low cost or free meetings/groups and warm spaces in the winter and cool spaces in the summer;

7)          consideration be given to the introduction of a Healthy Rother marketing event, inviting parishes and towns to promote their provision of leisure and fitness activities, as well as other activities that promote health and well-being;

8)          healthy eating be promoted by introducing an “I am a Healthy Eating Provider” campaign; as well as linking with the East Sussex Healthy Weight Action Plan;

9)          consideration be given to introducing grant support for the provision of Early Years Parenting classes by Church groups, Mothers’ Union or the National Childbirth Trust, East Sussex County Council and NHS Sussex (Maternal Wellbeing Programme);

10)       planet saving and energy saving schemes be promoted and residents encouraged to join community schemes, such as at Crowhurst;

11)       to work with Primary  ...  view the full minutes text for item CB22/92.

Cabinet received Minute OSC22/59 arising from the meeting of the Overview and Scrutiny Committee (OSC) held on 13 March 2023 that had considered the recommendations of the Bexhill Town Centre Conservation Area Task and Finish Group.

The OSC had agreed with all the recommendations made by the Group which was essentially not to publish a Technical Advice Note for windows in the Bexhill Town Centre Conservation Area and that the Conservation Area status be retained. 

With regard to the recommendation in respect of free pre-application advice specifically for Bexhill, there were concerns that this could create inequity across the district in respect of other protected and conservation areas.  It was therefore suggested and agreed that free pre-application advice for Bexhill Conservation Area be fixed for a period of time only, coupled with improved education, communication and engagement with the local community, followed by increased enforcement.  It was considered that there was a general lack of awareness by property owners in Bexhill of the Conservation Area and the implications.

Councillor Bayliss wished it to be noted that the sentence attributed to her about the Article 4 direction within the Minutes of the Bexhill Town Centre Conservation Area Task and Finish Group’s meeting held on 23 February (BTC22/05), should be disregarded as it had been taken out of context.   

RESOLVED: That:

1)     the draft Technical Advice Note 3 – Windows in Bexhill Town Centre Conservation Area is not published;

2)     the Bexhill Town Centre Conservation Area be retained and promoted;

3)     policies relevant to the Bexhill Town Centre Conservation Area, and its specific issues, are considered and examined through the Council’s Local Plan review;

4)     enforcement be increased within the Bexhill Town Centre Conservation Area, particularly regarding shopfronts and replacement windows on the front elevations of buildings;

5)     subject to understanding cost implications, the Council provide free pre-application advice to applicants which related to the shopfronts and windows on the front elevation of buildings within the Bexhill Town Centre Conservation Area for an agreed fixed period of time to be set by the Director – Place and Climate Change in consultation with the Cabinet Portfolio Holder for Strategic Planning; and

6)     all potential funding opportunities to support improvements to the Bexhill Town Centre Conservation Area are explored in collaboration with Bexhill Heritage and the Bexhill Chamber of Commerce and Tourism.

(Councillors Bayliss and Courtel each declared a Personal Interest in this matter as residents of the Bexhill Conservation Area and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

Cabinet received Minute OSC22/57 arising from the meeting of the Overview and Scrutiny Committee (OSC) held on 13 March 2023 that had considered the recommendations of the Off-Street Car Parks Task and Finish Group.

The OSC had agreed with all the recommendations from the Group and were pleased to note the operational improvements at the Manor Barn Car Park and recommend the proposed response from the Service Manager to East Sussex County Council (ESCC) in respect of changed to Civil Parking Enforcement (CPE) following their annual informal consultation.  It was also proposed to increase signage at a number of car parks cross the district including De La Warr Car Park, Gibbet Marsh, Rye and Lower Market, Battle.  Officers would also investigate with ESCC the possibility of increasing the number of parking permits issued in respect of House of Multiple Occupancy. 

Cabinet was pleased to support the recommendations and thanked the Members and officers for working on this complex subject area over a number of years.  It was noted that CPE was reviewed annually and could be amended in the future to meet the changing needs of the community.

RESOLVED: That:

1)     the formal response to East Sussex County Council, attached at Appendix A to the report, regarding the proposed changes to Civil Parking Enforcement across the district following their annual ‘informal’ consultation, be approved;

2)     increased directional signage at the De La Warr Pavilion car park, signposting users to Wainwright Road car park, and the installation of additional signage for Gibbet Marsh, Rye and Lower Market Battle car parks promoting use as ‘all day/long stay’ parking, with final wording and location to be approved by East Sussex County Council; and

3)     officers investigate the issue of shared Houses of Multiple Occupation and whether there is anything that can be done to increase the number of parking permits permissible in these circumstances.

(Councillor Field declared a Personal Interest in this matter as an elected Member of East Sussex County Council and a member of the Planning Committee that considers Road Traffic Orders and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(Councillor Maynard declared a Personal Interest in this matter as an Executive Member of East Sussex County Council and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

Consideration was given to the comprehensive report of the Head of Neighbourhood Services that proposed a set of revised fees and charges for Rother District Council car park parking permits and Camber Sands summer season car parking tariffs.  Officers had been tasked with exploring the feasibility of introducing weekly and monthly parking permits to increase flexibility for customers and further reviewing charges at Camber to ensure revenue was maximised.

With regard to parking permit options, offering a wider array of permit options would significantly increase administration thus making the current delivery model unmanageable.  In the interests of efficiency and costs alternative delivery models had therefore been explored and it was recommended that the following options be introduced:

a.     online permit system offering a fully encompassing permit management system whereby all permit types could be managed on a single system with minimal staff intervention; and

b.     Flowbird (existing contractor) machine issued weekly and monthly tickets in selected car parks such as some Long Stay and less used car parks.

The following recommendations were made as a result of the review:

Ø  a small administrative charge of £20 be applied to cover the administration costs of issuing permits to Blue Badge holders as the issuing of these permits was a discretionary service; 

Ø  if weekly and monthly permits were introduced the ability to pay by direct debit over six months for an annual permit be removed, due to the greater permit payment options available;

Ø  the ‘Annual Permit for One Car – All Car Parks’ and ‘Half Yearly Permit for One Car - All Car Parks’ options be removed as none of these permit types had been sold in the past 5 years;

Ø  that the annual nominated parking permit prices across the district (excluding long stay car parks) be increased by 43% from £350 per annum to £500 per annum;

Ø  the annual nominated permit price at the long stay car parks be increased by the rate of inflation at 10%, thereby maintaining a lower annual charge than other RDC car parks to increase the use of these ‘further out of town’ facilities; and

Ø  the dedicated bay permit prices be increased by the rate of inflation at 10%.

The proposed changes to current permit prices and proposed introduction of additional permit charges and machine operated process would be trialled and kept under review as business as usual whilst usage was ascertained and would subsequently form part of the annual fees and charges review.   It was noted that an overall review of car park tariffs and permit prices would also take place as part of considerations in going “cashless” at a later date, at which time expert advice may be sought on maximising revenue and car park occupancy rates.

Camber Sands Central car park was the prime destination car park for most visitors due to its location and on busy summer days, could fill within minutes of opening leading to anti-social behaviour and inappropriate parking causing road traffic congestion. Encouraging visitors  ...  view the full minutes text for item CB22/95.

Consideration was given to the confidential report of the Head of Service Housing and Community that set out details of the Council’s duty under the Housing Act 1996 to a resident with complex housing needs.  The report gave details of the work undertaken thus far to meet the needs as well as the recommended solution the Council needed to take to meet the complex needs.  It was also requested to grant delegated authority to the Head of Service Housing and Community to issue non-secure tenancies in future cases, as required.                   

RESOLVED: That:

1)     the Head of Service, Housing and Community be authorised to issue a Non-Secure Tenancy to Resident A; and

2)     the Head of Service, Housing and Community be granted delegated authority to issue non-secure tenancies in future to enable the Council to meet its homelessness duties under the Housing Act 1996 (as amended), as required.

(This matter was considered exempt from publication by virtue of paragraph 2 of Schedule 12A of the Local Government Act 1972, as amended).

The UK Shared Prosperity Fund (UKSPF) supported the Government’s wider commitment to level up all parts of the UK and was a £2.6 billion Fund designed to succeed and improve upon EU structural funds.  

In 2021 the Council commissioned a feasibility study on how the Rye Fisheries could be developed which resulted in the identification of total project cost of £321,677 required to renovate the business site to meet new business model requirements.  The UKSPF Investment Plan had agreed a capital allocation of £170,000 against the £321,677 fisheries project which was approved in January 2023. 

Chapmans was a fish wholesaler based in Sevenoaks and Rye who purchased the Rye business in 2015 with the intention to set up the facility to allow fishermen to land from their boats directly into the premises.  They worked directly with local Hastings and Rye fishermen who fish sustainably using under 10 metre boats, pledging to take 100% of the catch that a boat lands to provide their fishermen/women with greater financial stability. 

Fisheries along the rest of the south coast had moved to selling direct to Brixham Trawler Agents (BTA), Devon who were in the process of offering free refrigeration units at ports across the south east, and cheap transportation back to Brixham.  Much of the fish sold on Brixham’s auction was then exported to Europe adding another 300-mile journey back to a UK port for export adding an extra 800 food miles.

The Chapmans’ pledge to buy the whole catch, together with the rapidly changing marketplace, required new ways of working internationally, nationally and locally. This needed a multi strand approach consisting:

a.     Reducing the need to export to Europe

b.     Selling more to the local / national market

c.      Education locally to support the consumption of local, seasonal fish

In practice this meant a new business model, based on sales to a new UK market.  Chapmans have looked at doing this by:

a.     Selling fish direct to the public.

b.     Selling unwanted and unused fish to the UK market in a palatable way.

c.      Re-educating and skills development.

Cabinet was pleased to agree that the £170,000 capital allocation for the fisheries project be allocated to the Chapmans’ project so that work could start immediately on developing the proposals and putting the proposition in place. The terms of the grant would ensure that the added value in terms of skills development and training would be delivered, or monies would be recovered.  The UKSPF allocation for 2022/23 had been carried forward into 2023/24 so spend could happen from April, subject to a formal grant agreement.  The Director – Place and Climate Change agreed to check whether this proposal would have any impact on a local seafood specialist in Etchingham.   

RESOLVED: That:

1)     the £170,000 UK Shared Prosperity Fund capital funding allocation be directed towards the Rye Fisheries project in partnership with Chapmans; and

2)     the Director – Place and Climate Change be delegated authority to agree the terms  ...  view the full minutes text for item CB22/97.