To authorise the Leader to sign the Minutes of the meeting held on 11 December 2023 as a correct record of the proceedings.

The Chair was authorised to sign the Minutes of the meeting held on 11 December 2023 as a correct record of the proceedings.

An apology for absence was received from Councillor McCourt.

To receive any disclosures by Members of disclosable pecuniary interests / other registerable interests / non-registerable interests in matters on the agenda and the nature of any interest and details of any dispensations obtained.  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 – Other Registrable Interest as a Member of East Sussex County Council.

Agenda Item 13 – Other Registrable Interest as the Council’s appointed representative on the De La Warr Pavilion Trust.

Timpe        Agenda Item 6 – Other Registrable Interest as a Member of Bexhill Town Council and involved with the Manor Barn, Bexhill.

Agenda Item 13 – Other Registrable Interest as the Council’s appointed representative on the De La Warr Pavilion Trust.

There were no dispensations noted.

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 CB23/69, 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.       

Consideration was given to the report of the Interim Deputy Chief Executive and Section 151 Officer on the draft Revenue Budget for 2024/25.  The budget had been scrutinised by the Overview and Scrutiny Committee (OSC) on 22 January 2024 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, main changes from the updated 2023/24 budget, Capital Programme, summary of the budget consultation responses, proposals for new Council Tax premiums, consideration of the Council Tax Reduction Scheme (CTRS) for 2024/25, summary of cashless car parking consultation and fees and charges.

The following key issues were highlighted:

•     the overall financial position had improved since the report to the OSC by £442k, taking the forecast drawdown from reserves down from £626k to £185k, the reasons for this were detailed in the report;

•     the draft Local Government Finance Settlement (LGFS) applied to 2024/25 did not guarantee any future funding streams beyond the following year and was again a further single year settlement;

•     the Council’s Core Spending Power (CSP) had been set at £12.9m, an increase of £0.6m from 2023/24, equating to 5.1%;

•     the small Business Rates Multiplier for 2024/25 would remain frozen again at 49.9p, but councils would be compensated for any reduction in income because of this decision;

•     the Department for Levelling Up, Housing & Communities had increased the overall Revenue Support Grant (RSG) in line with Consumer Price Index inflation, however the Council effectively had a negative RSG, but would not be required to pay over negative RSG;

•     for 2024/25, to ensure the Council remained within the referendum limit, it was assumed that a Council Tax increase of 3% to £204.56 would be agreed for a Band D property, subject to any final decision regarding special expenses;

•     the detailed precept budgets from Rye and Bexhill-on-Sea Town Councils had not been received at the time of drafting the report so it had not been possible to undertake an assessment of special expenses. It was recommended that the Deputy Chief Executive be granted delegated authority in consultation with the Cabinet Portfolio Holder for Finance and Governance, to make any final changes necessary in respect of special expenses once the position had been reviewed and reported to full Council on 26 February 2024;

•     the Council would receive several government grants, including New Homes Bonus (£136k), Rural Services Delivery Grant (£72k), CSP Minimum Funding Guarantee (£778k), Services Grant (£15k) and New Burdens Grant (awaiting further details) although these were pending the final settlement announcement;

•     the Benefits Administration, Local Council Tax Support and Homelessness Prevention grants did not form part of the CSP calculation and were still subject to confirmation;

•     the Medium Term Financial Strategy forecast, reported to Cabinet on 6 November 2023 which outlined several cost pressures that might affect the Council’s budget, had been reviewed  ...  view the full minutes text for item CB23/61.

Cabinet received Minute OSC23/45 arising from the meeting of the Overview and Scrutiny Committee held on 22 January 2024 that had considered a report on the New Housing Allocations Policy (HAP) 2024.  The HAP provided a framework for the equitable, effective and accountable allocation of social housing across the district and met the Council’s statutory obligations under Section 166A(1) of the Housing Act 1996.  The Housing Needs Operations Manager advised that an eight-week public consultation had been held from 7 July 2023 to 4 September 2023; 111 responses were received.  It was noted that most of the proposed changes were agreed, however, to adopt the new HAP, it would be necessary to reassess all existing households that were on the register. It was the intention to review the Policy annually.

Cabinet was fully supportive of the new HAP and recommended formal approval and adoption. It was also recommended that delegated authority be granted to the Head of Housing and Regeneration, in consultation with the Cabinet Portfolio Holder for Housing to adopt the HAP 2024 at the end of the implementation period and make any further minor amendments, if required. 

RECOMMENDED: That:

1)   the new Housing Allocations Policy 2024 be approved and adopted;

2)   delegated authority be granted to the Head of Housing and Regeneration to formally adopt the Housing Allocations Policy 2024, in consultation with the Cabinet Portfolio Holder for Housing, following the conclusion of the implementation period; and

3)   delegated authority be granted to the Head of Housing and Regeneration to make any further minor amendments to the Housing Allocations Policy 2024, in consultation with the Cabinet Portfolio Holder for Housing.

Cabinet received and considered the report of the Interim Deputy Chief Executive and Section 151 Officer on the Revenue Budget and Capital Programme Monitoring Quarter 3 2023/24. The report updated Members on the Council’s finances as at the end of December 2023 and projected provisional outturn for 2023/24.  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. The report also included a brief update on the Collection Fund performance.

The forecast outturn for the 2023/24 financial year was based on the position as at 31 December 2023 and indicated a forecast deficit position of £2.709m at 31 March 2024, against a budgeted deficit of £2.221m, which was a variance of £488k.

The report detailed the material variances and the forecast was summarised at Appendix A to the report.

Several small savings were being forecast by the end of the financial year, with no more being achieved. The Medium Term Financial Strategy (MTFS) removed the current Financial Stability Programme and replaced it with a new ‘Fit for the Future’ financial resilience programme, which was designed to close the budget gap over the medium-term period through making efficiencies, savings and increasing income to help support frontline services. The forecast deficit had increased by £200k since the previous quarterly report, as these savings were being made in the services directly and not in this part of the statement.

Since the 2023/24 budget was approved, several small, unbudgeted, grants from the Department for Levelling Up, Housing and Communities  had been received, mainly in respect of New Burdens grants and additional Section 31 Grants.

The Interim Section 151 Officer was continuing to work with Heads of Service and elected Members to undertake a fundamental review of capital schemes within the Capital Programme, which currently amounted to more than £157m. The revised 2023/24 budget was £28.5m (Appendix B to the report) and the forecast outturn for the year at Quarter 2 was £20.1m, a variance of (£8.3m) or 29% of the programme. Most of the forecast underspend was attributable to schemes which had progressed more slowly than expected or had been paused pending review, with only a small amount of savings forecast on schemes which had been completed. An external consultant had been employed to undertake the review, which would be completed within the next six to twelve months.

The Mount View Street Development scheme was completed in 2020/21; at that time, no accruals were made for outstanding expenditure.  Subsequently, in 2023, a payment was made in respect of valuation work, at a cost of £42.5k.  To enable this to be financed, it was requested that Council approve the reinstatement of the scheme to the Capital Programme and the additional budget of £42.5k, to be funded from borrowing.

The forecast impact on reserves was a drawdown of £2.449m for revenue, which was £404k higher than the planned use of £2.045m, and £0.260m for capital which was £84k higher  ...  view the full minutes text for item CB23/63.

In accordance with the Members Allowances Regulations 2003, before the Council could make any amendments to its allowance scheme, the Council had to have regard to the recommendations made by an Independent Remuneration Panel (IRP).  In February 2023, the Council set its allowances to apply for the current civic year only (2023-24) and agreed that the IRP be reconvened in the subsequent autumn / winter to carry out a further review and make recommendations for the allowances to apply for the remainder of the current Council administration (2024-27).

The IRP reconvened in November 2023, met with the Leader of the Council, received relevant information to inform their review and received comments from elected Members, and a copy of their further recommendations was attached at Appendix 1 to the report.

The IRP had made a total of eight recommendations, with the key recommendations as follows:

•     the Basic Allowance be increased by 3% for 2024/25 only;

•     the IRP meet annually during this administration in light of the current local and national economic position;

•     the Special Responsibility Allowances (SRA) be increased by the same amount each year agreed for the Basic Allowance;

•     the SRA for the Chair of the Human Resources Committee be a 0.33 ratio of the Basic Allowance (same as Audit and Standards and Licensing and General Purposes Committee Chairs);

•     the allowances for the “co-optees” be increased each year in line with that agreed for Members; and

•     the subsistence allowances, breakfast, lunch, tea and dinner remain the same for the period 2023-27.

Given the Council’s current financial position, Cabinet was not supportive of an increase on the Members’ Allowances (IRP Recommendation 1) and agreed that all other allowances should remain the same; it was noted that should Members not support an increase there would be a modest budget saving in the region of £16k. 

The Leader of the Council acknowledged the work of the IRP and thanked the Panel for their thorough report.

RECOMMENDED: That:

1)   the Members’ Basic Allowance remain the same and not be increased in line with the staff pay award and that consequently all other Allowances remain the same; 

2)   consideration be given to the remaining Independent Remuneration Panel’s recommendations as set out at Appendix A at full Council; and

3)   the Chief Executive be authorised to amend the Scheme within the Constitution, following approval by full Council of the allowances to be paid.

Cabinet received and considered Minute OSC23/44 arising from the meeting of the Overview and Scrutiny Committee (OSC) held on 22 January 2024 that had considered the Key Performance Indicators (KPIs) for 2024/25. 

The KPIs focused on key outcomes within the Corporate Plan and the impact of both the local economy and efficient delivery of key services to Rother’s residents, within the Council’s resources. The KPIs would enable the Council to make comparisons with other councils and monitor performance over time. 22 KPIs were proposed for 2024/25, with a new KPI for Progress of the Climate Strategy having been added to the set, and would be reported within eight themed areas, namely:

•     Environmental Health (two indicators)

•     Housing (three indicators)

•     Customer Services (two indicators)

•     Neighbourhood Services (five indicators)

•     Estates (one indicator)

•     Corporate Core (one indicator)

•     Planning Development Management (three indicators)

•     Climate Strategy (one indicator)

•     Revenues and Benefits (four indicators)

Other KPIs that were exceeding or significantly missing their target would be reported to the OSC by exception.  A State of the District Report would be reported annually to the OSC, which would be wide ranging and seek to ensure that Members were kept informed of changes to the profile, demographic and housing and economic landscape of the district.

The OSC had recommended and agreed that Planning Development KPIs P3 and P4 be combined as ‘Major and minor development planning appeals allowed by the Planning Inspector’, with the target of 10%, as the Government took this measurement as one rather than two.

Cabinet approved the KPIs and targets as recommended by the OSC and agreed that in future, they be reported in alphabetical order. Cabinet welcomed the addition of a Climate Strategy KPI and hoped that more would follow in time and noted the reduction in Customer Services KPIs, in order to focus on key performance areas and to reflect the channel switch towards digital. Cabinet agreed that the Estates KPI be kept under review by the Deputy Chief Executive and Section 151 Officer.

Cabinet was satisfied that these provided an adequate review of the Council’s key performance areas. 

RESOLVED: That the following Key Performance Indicators for 2024/25 and their performance targets be approved and reviewed quarterly by the Overview and Scrutiny Committee:

1)   Climate Strategy

•     Scope 1 and 2 emissions reduction: Target 50% reduction

2)   Corporate Core

•     FOI - % answered in 20 days: Target 100%

3)   Customer Services

•     Percentage of enquiries that are resolved on the first contact with customer services: Target 85%

•     Channel Shift – online vs traditional: Target 65% online

4)   Environmental Health

•     % of planning food inspections carried out: Target 90%

•     % of service requests resolved on time: Target 90%

5)   Estates

•     Income from all assets: Target £2,375,310 (to be kept under review by the Deputy Chief Executive and S151 Officer)

6)   Housing

•     Number of households either prevented (P) from homelessness or relieved (R) from homelessness: Target 30 per quarter,  ...  view the full minutes text for item CB23/65.

The Local Enforcement Plan (LEP) provided information on how the Council’s Planning Enforcement Team undertook its monitoring and implementation duties, including how it addressed and investigated breaches of planning control.

The current LEP was found to be inconsistent and not fit-for-purpose and therefore required reviewing.  The updated draft LEP was attached to the report at Appendix A.

Cabinet raised a number of concerns with the revised document, namely:

•     numbering of paragraphs;

•     more detailed advice was required for listed building owners;

•     use of the term ‘expedient’;

•     public confidence in the service needed to be increased; and

•     the document was not easily readable.

Cabinet agreed that further work on the Plan was required with Member involvement and that the Overview and Scrutiny Committee be requested to set up a Task and Finish Group to undertake this work. The current LEP would remain in use for the time being.

Cabinet acknowledged the work of the Enforcement Officers.

RESOLVED: That the Overview and Scrutiny Committee be requested to set up a Task and Finish Group to look at the development of the revised Local Enforcement Plan.

Cabinet received and considered the report of the Head of Housing and Regeneration that had considered progress of the Improvement Delivery Plan of the Housing, Homelessness and Rough Sleeping Strategy (HRSS) 2019-2024.  An updated Improvement Delivery Plan and a summary of all the actions achieved since the Strategy’s inception was attached to the report at Appendices A and B respectively. 

The current Strategy was due to come to an end in 2024 and a Task and Finish Group had been formed to develop a Housing Development and Enablement Strategy which would be complemented by a separate HRSS; this was therefore the final review of the Delivery Plan.

Members’ attention was drawn to some of the key highlights from the Improvement Delivery Plan achieved so far throughout 2023 under each of the three priorities of increasing the supply of housing, rough sleeping, homelessness and meeting housing aspirations temporary accommodation purchases and improving the quality and suitability of existing housing.

The progress and success of many of the achievements included in the report, were testament to the strength of partnership working in Rother and ongoing commitment from all stakeholders to improve the quality of life for residents.

Cabinet paid tribute to the work of the Housing Team and acknowledged that the purchasing of temporary accommodation units had played an important role in the Council’s ability to deliver a balanced budget.

RESOLVED: That the revised Housing, Homelessness and Rough Sleeping Strategy Improvement Plan 2024 be approved (Appendix A to the report) and the ‘targets achieved’ detailed within Appendix B to the report be noted.

The freehold of the De La Warr Pavilion (DLWP) was owned by the Council and leased to the DLWP Charitable Trust on a 99-year lease from May 2004.  The Trust was supported by an annual grant from the Council which was match funded by the Arts Council England (ACE).

The current funding agreement 2021-2024 was due to end in March 2024 and this provided the Council with an opportunity to consider the future funding of the DLWP, in light of the Council’s financial position.  As part of the Council’s 2023/24 budget savings, it had already been agreed that the annual £12,000 concessions grant pot, which had been static since the first funding agreement in 2003, be removed from the overall grant.

In February 2023 the DLWP was awarded £17.2m from the Levelling Up Fund (LUF), following a partnership bid with the Council, to support the redevelopment of the building. The LUF grant was capital funding and sat outside the funding agreement and could not be used to support the DLWP on a day-to-day basis. The LUF project was expected to be completed by summer 2026, during this time revenue costs would continue to need to be met. The project looked to enhance commercial opportunities and help the Trust create a new business model going forward.

Members noted that the DLWP had been severely impacted by the sharp rise in energy prices, with costs rising from £75k pre pandemic to c.£380k in 2023/24.

The Trust had successfully bid to become an ACE National Portfolio Organisation (NPO) and awarded NPO status for the 2023/26 round. The funding of £517,785 annually was confirmed in November 2022 and accepted in January 2023. The Council’s funding typically accounted for around 15% of the organisation’s annual turnover and was key to securing the ongoing ACE funding at sustained levels.

The option to reduce or remove from its budget the £536,139 annual grant funding remained open to the Council, as the LUF funded project would provide an opportunity for the Trust to develop a revised business model. Alternatively, the Council could offer a longer-term 7-year funding agreement, but this would prevent the Council from being able to respond meaningfully to post LUF business planning.

A third option, as recommended in the report, was to extend the agreement for 3-years until April 2027, to include an annual review of the maximum level of funding awarded, at the current rate of £536,139 a year. The agreement would allow the Council to review the Trust’s business plan annually and continue to set a sustainable annual funding amount.

Cabinet agreed that the DLWP played a critical role in supporting the cultural and tourism sectors in Rother and agreed that the SLA be extended. Cabinet was supportive of the third option as recommended in the report.

Cabinet agreed that the Council needed a sharper focus on the DLWP’s activities and recommended that a presentation be made at a Members’ Briefing annually and to the Overview and Scrutiny Committee on its performance and  ...  view the full minutes text for item CB23/68.

Consideration was given to the confidential report of the Head of Housing and Regeneration that detailed the opportunity to sell the development site at Mount View Street, Bexhill.  Cabinet agreed that selling the site to the East Sussex Healthcare Trust was a good acquisition for the Council and praised the work of all officers involved.

RESOLVED: That the Chief Executive be granted delegated authority to approve a sale to East Sussex Healthcare Trust, in consultation with the Leader of the Council; subject to an independent land valuation and the finalisation of the terms of sale.

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