Agenda and minutes

Cabinet
Tuesday, 15th February, 2011 10.00 am

Venue: Town Hall, Scarborough

Contact: Gill Wilkinson 

Items
No. Item

1.

Declarations of Interest pdf icon PDF 50 KB

Members are reminded of the need to consider whether they have a personal or prejudicial interest to declare in any of the items on this agenda.  If so, the nature of the interest must be declared at the start or as soon as the interest becomes apparent, of the meeting.  In addition, the attached form must be completed and passed to the Committee Administrator.  The Officers will be pleased to advise, if necessary, and any request for assistance should be made, in the first instance, to the Committee Administrator whose name appears at the end of this agenda.  Ideally, such advice should be sought before the day of the meeting so that time is available to consider any uncertainty that might arise.

Minutes:

Councillor Miss Jane M Kenyon, declared a Personal interest in agenda item 16, Whitby Coastal Strategy 2. Sands End was in her County division.

Councillor Mrs Janet Jefferson, declared a Personal interest in agenda item 24, Disposal of Londesborough Lodge and adjoining public open space. She knew Mr David Chapman from CPH.

Councillor Thomas W Fox, declared a Personal interest in agenda item 24, Disposal of Londesborough Lodge and adjoining public open space.  He knew Mr David Chapman from CPH

2.

Minutes pdf icon PDF 88 KB

To approve as a correct record and sign the Minutes of the meeting held on 18 January 2011.  (Minutes attached).

Minutes:

3.

Public Question Time

Public questions of which due notice has been given and which are relevant to the business of the Cabinet.

Minutes:

4.

Forward Plan pdf icon PDF 74 KB

To review the Cabinet’s Forward Plan (Reference 11/61 attached).

Minutes:

The Cabinet considered the Forward Plan (Reference 11/61).

RESOLVED that the Forward Plan be approved.

5.

Progress of Scrutiny of Executive Decisions

To receive an oral report by the Chief Executive.

Minutes:

(For Approval)

6.

Mayor and Deputy Mayor 2011/2012

To consider an oral report by the Chief Executive on nominations received for the Mayor and Deputy Mayor.

Minutes:

7.

Schedule of Meetings 2011/2012 pdf icon PDF 160 KB

To consider a report by the Chief Executive (Reference 11/101 attached).

Additional documents:

Minutes:

The Cabinet considered a report by the Chief Executive (Reference 11/101).  The Head of Legal and Support Services, Mr Anderson informed Cabinet that the third  recommendation allowed for the creation of a Licensing Committee if needed before Annual Council.  This was to ensure the Council could deal with any licensing matters that could arise prior to Council formally adopting its committee structure.  He further informed Cabinet that there was a proposal which had been out to consultation with the scrutiny chairs that there are four scrutiny committees of equal size which would meet five times per year. A second draft schedule of meetings that takes this option into account had also been prepared for the meeting of Council.

RESOLVED that Cabinet recommend to full Council:

·                    the approval of the Schedule of Meetings 2011/12;

·                    to agree to the proposed amendments to the scheduled Council meetings in May 2011;

·                    to agree to the principle of the establishment of a Licensing Committee upon the agenda for the first meeting of Council after the 5 May election prior to Annual Council; and

·                    to recommend that Council consider also an alternate Schedule of Meetings in relation to the establishment of four Overview and Scrutiny Committee meetings of equal size.

Reasons:

·                    Approval of the Schedule of Meetings will ensure that Council business is conducted efficiently.

·                    Approval of the amendments to the current schedule of Council meetings in May 2011 will allow Council time to agree a new strong Leader.

·                    A Licensing Sub-Committee meeting may be needed before Council has appointed Members to this Committee and therefore proposed appointments are required prior to this date.

8.

Review of Polling Places pdf icon PDF 151 KB

To consider a report by the Chief Executive (Reference 11/99 attached).

Minutes:

The Cabinet considered a report by the Chief Executive (Reference 11/99).  Cabinet were informed by the Chief Executive that this report came every year and the Council were obliged to consider all polling stations in the Borough.  Only one station was highlighted which was on the eastern side of the river in Whitby.  It was noted that this polling station had been considered and there had been significant consultation however, a solution was not easy.  An overriding constraint was the need to be Disabilities Discrimination Act compliant it was therefore proposed that the Council use the Tourist Information Centre for the polling stations.  Members were informed that if there were better ideas for places these would be looked at.  Councillor Kenyon agreed with what Chief Executive said and stated that it was difficult to find a place.

RESOLVED that the Whitby Tourist and Visitor Centre Langbourne Road, Whitby be recommended to full Council for designation as the polling place for Polling District VA (Streonshalh).

Reasons:

To comply with the requirements of the Representation of the People Act 1983.

9.

Revisions to the Constitution pdf icon PDF 144 KB

To consider a report by the Head of Legal and Support Services (Reference 11/107 attached).

Additional documents:

Minutes:

The Cabinet considered a report by the Head of Legal and Support Services (Reference 11/107). Cabinet were informed that there were two key matters to consider.  The first was the changes from May 2011 for strong leadership.  This document provided a mechanism for the Leader to be elected.  It was noted that the first Council meeting was expected to elect the strong Leader.  The Constitutional Working Group proposed an arrangement under which all Councillors would have the right to elect any candidate that has the support of 5 or more Councillors.  The successful candidate would require 50% or more of the votes to be elected Leader.  Where no nominee had more than 50% of votes cast then the name of the person with the least number of first preference votes will be disregarded and the votes allocated to the remaining nominees in order of the preference indicated on the voting slips.  The process would be continued until in excess of 50% of votes had been allocated to one nominee or in the altnerate more than 50% of members had elected to Re-open nominations.  This method should allow the chosen Leader to have the most support and the process recognised the importance of the appointment for a four year period.

The other change was the reduction in the Heads of Service by one and the reallocation of the work of the Head of Technical Services.  It was noted there was an error at page 72 at section 14.1 which should say Parking Manager and not Parking and CCTV Manager.

The Head of Legal and Support Services also proposed an amendment to reduce the number of items coming to Cabinet if the proposal to dispense with Cabinet Grants and Relief Sub-Committee was accepted.  The suggestion was that this was delegated to the Head of Finance and Asset Management for discretionary rate relief and business hardship relief subject to the decision being within existing council policy.  The power to determine the use of parish council contingency funds of up to £1000 within a year could also be delegated as this would not significantly affect the contingency budget, but would reduce the number of reports coming to Cabinet.  Mr Anderson apologised for the lateness of this amendment however, they reflected proposals that had come forward following publication of he report.

Cabinet were informed that amendments were being made to the access to information rules in relation to the management of Executive exempt information including a water mark identifying the recipient, but allowing for Members to destroy confidential documents themselves.  The notice period for convening an urgent scrutiny meeting following call in had also been clarified.

Mr Anderson stated that there was a proposal for introduction of a protocol relating to appointment to external bodies.  Some appointments were part of the Executive function, and following the introduction of strong leadership would be determined by the Leader.  For the balance of external appointments it was proposed that appointment be for a period of 4 years to  ...  view the full minutes text for item 9.

10.

Licensing: Schedule 3 of The Local Government (Miscellaneous Provisions) Act 1982 pdf icon PDF 160 KB

To consider a joint report by the Head of Legal and Support Services and Head of Environmental Health Services (Reference 11/114 attached).

Minutes:

The Cabinet considered a joint report by the Head of Legal and Support Services and Head of Environmental Health Services (Reference 11/114).  The Head of Environmental Services, Mr Skelton, stated that the report recommended the adoption of the amended provisions of the 1982 legislation to enable the wider powers of regulation in relation to Sexual Entertainment Venues.  The report also recommended publication of the re-adoption of the relevant provisions of the 1982 legislation as now amended in their entirety.  Councillor Dixon stated that if the legislation was not adopted the Council would have to hold a referendum which would be very costly so Local Authorities were being strongly encouraged to adopt this legislation.

RESOLVED that Cabinet recommend that Council:

1.         agree to adopt the provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by Section 27 of the Policing and Crime Act 2009 and to undertake the regulation of lap dancing establishments under the Local Government (Miscellaneous Provisions) Act 1982 with effect from 1 April 2011;

2.         re-affirm adoption of the Local Government (Miscellaneous Provisions) Act 1982 insofar as it relates to the regulation of licensable activities under that act, namely street trading, refreshment premises and acupuncture, tattooing, ear-piercing and electrolysis;

3.         subject to such decision as may be made by Council in relation to the regulation of street trading the Council publish notice of confirming the decisions of Council in relation to the adoption of the provisions of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) in the Scarborough Evening News and the Whitby Gazette on two consecutive weeks in accordance with the requirements within the legislation.

Reasons:

To provide the Council with the wider powers available under the provisions of the LG(MP) Act 1982 to regulate lap dancing establishments.

11.

Disabled Facilities Adaptations Policy pdf icon PDF 269 KB

To consider a report by the Head of Environmental Services (Reference 11/80 attached).

Minutes:

12.

Financial Strategy 2011 pdf icon PDF 208 KB

To consider a report by the Head of Finance and Asset Management  (Reference 11/71 attached).

Additional documents:

Minutes:

Councillor Kenyon presented this budget and noted there was a 14% reduction in funding and this had been a difficult budget on which there had been a large amount of consultation.  She thanked The Head of Finance and Asset Management, Nick Edwards and the Corporate Finance Manager, Kerry Metcalfe, for their hard work on this budget.

Nick Edwards thanked his staff for their hard work on this report. Noted that this was a draft report. The final government settlement had been announced and there was an increase of £47,000 funding and he suggested that this was put into the contingency funds.

Mr Edwards went through the changes that had been introduced. Noted that the report proposed the reinstatement of the monies for the Spa scheme by Yorkshire Forward.

It was noted that Scarborough Borough Council had £200,000 of seaside reward grant for regeneration and it was proposed that this be applied to support the redevelopment of the Futurist.  However North Yorkshire County Council had removed funding for the community partnership;

Mr Edwards advised Cabinet that some of most contentious issues in the budget were the changes to park ranger and the outsourcing of plants from Manor Road.  This budget had been very difficult but it had tried to limit the effects of the cuts on the front line service.  There was now a need to deliver on these savings and to keep a tight grip on finances.

Councillor Popple stated that he did not support the market testing of outsourcing plants as this undermined the good work being done at Manor Rd.  He also asked about the monies from Defra of £1million for Knipe Point and asked if this was guaranteed.  The Head of Technical Services, Mr Riby stated that the Council were now well down the road to resolution at Knipe Point and he did not foresee Defra removing the funding for this pathfinder scheme.

Councillor Fox stated that it was ridiculous to suggest that the council did not market test its services to see if there were efficiencies to be made if services were outsourced.  The Council had to make savings and he found it incredible that there were not savings to Scarborough Borough Council of the £3.2 million that was spent on the Parks budget.

Councillor Bastiman stated that it was incumbent on this authority to review all services to see what efficiencies could be made.  The issue of the nurseries had been discussed for many months and it was incumbent on the Council to discuss this together with the changes to the depot site.

Councillor Kenyon supported the Leader’s comments and stated that there could be no sacred cows as part of the budget setting.

Councillor Watson spoke against the removal of the park rangers. He stated that if these were replaced with volunteers this could lead to having vigilantes.

Councillor Fox stated that time recording had shown that 42%of time for park rangers was spent travelling and 24% of their time was spent  ...  view the full minutes text for item 12.

13.

The Policy Framework of the Council pdf icon PDF 161 KB

To consider a report by the Head of Human Resources and Performance (Reference 11/94 attached).

Additional documents:

Minutes:

The Cabinet considered a report by the Head of Human Resources and Performance (Reference 11/94).  Cabinet were informed that this was part of an ongoing programme whereby all the council’s policies were pulled together under 11 themes.  The Human Resources Service and Tourism would be the last services which would be reported on in April which would then complete all 11 themes.

RESOLVED that Cabinet recommend to Council approval of the overarching policy statements for:

·         Information and Communication Technology; and

·         Finance, Resources and Governance.

Reasons:

To provide a clear Policy Framework to assist with monitoring and improving Council performance.

14.

Service Performance Overview and Scrutiny Committee - Revised Final Report of the Street Trading Task Group SCR/11/01 pdf icon PDF 138 KB

To consider a report by the Chief Executive (Reference 11/100 attached).

Additional documents:

Minutes:

The Cabinet considered a report by the Chief Executive (Reference 11/100).  Cabinet were informed that this had cross departmental input to this report.

Councillor Jim Preston presented this report and stated that in light of advice received that café amenities may not be managed under the Local Government (Miscellaneous Provisions) Act 1982 (LGMPA), and the County Council’s newly stated wish, as the Highway Authority, to take over the administration of café amenities scheme in the Scarborough urban area in April 2011, the revised report instead now focused on how the Borough Council could best make use of the LGMPA across the Borough both to help regulate and promote street trading as appropriate.  The report also reflected and welcomed the Investment Manager’s work to regenerate Scarborough Market Hall and recommended that steps be taken to provide a traffic regulation order that would, in the event, support the use of Market Street and St Helen’s Square for an on-street market.

Councillor Dixon asked about the amount of fees that could be charged for market stalls.  He was advised that the Council could only charge what would be the cost of delivery of the service.  In Scarborough Borough Council the Town team had managed the delivery of the market service and had support from other services which was chargeable.  In setting the charge regard could be had to the market place valuation of sites.

Councillor Dixon stated that York seemed to be able to charge more for more lucrative pitches.  He was informed that the Council had to demonstrate the transparency of its charging scheme.  It was noted that the value of the pitch could be taken into account to some extent but it was not possible to make a profit.

Councillor Dixon asked that when officers reviewed fees they checked what happened elsewhere and how they were able to make difference charges.

Councillor Simpson stated that he agreed that more lucrative pitches should cost more that other pitches.

Councillor Backhouse stated that officers would carry out this work and bring a report back to Members.

Councillor Bastiman stated that the Council not take account of other towns as they were different from Scarborough.

Councillor Fox thanked the task group for their work on this.

RESOLVED that:

(i)         the current schedule of controlled streets be revised to include all public highways within the Borough;

(ii)        the revised schedule also include those roads, footways, beaches or other areas to which the public have access without payment;

(iii)       the designation of all the areas/streets listed in the schedule to the report be ‘Consent’ streets;

(iv)       the formal process to make the necessary designation order be commenced as soon as possible, with a view to having the order approved before the summer season;

(v)        based on the necessary involvement of both Licensing and Regeneration, officers consider the most appropriate way of administering the Borough-wide designation of ‘Consent’ streets and areas and advise Members in due course;

(vi)       officers review the fee  ...  view the full minutes text for item 14.

(For Decision)

15.

Financial Monitoring to December 2010 (3rd Quarter) pdf icon PDF 281 KB

To consider a report by the Head of Finance and Asset Management  (Reference 11/72 attached).

Minutes:

The Cabinet considered a report by the Head of Finance and Asset Management (Reference 11/72). Cabinet were informed that the council had the £800,000 reinstated from Yorkshire Forward for the Spa.  Mr Edwards stated that this was a positive report which showed how the Council were delivering their savings.  He informed Cabinet that the Council were on track to achieve these savings.  It was noted that the revenue budget had struggled on fees and charges income.  The seasonal impact had been affected by the weather and the closure of the cliff lift.  The catering budget at the Spa and indoor leisure had been down for the last quarter along with a number of other services.  It was important to monitor these to ensure savings were achieved.  There were savings on the salaries budget of £400k through no pay rise and not automatically filling vacancies. Overall the council was on track to deliver its savings.

It was noted that the Council had made a brave decision to agree to underwrite the funding for the Spa and this had now paid off.  Council tax and business rates collection were also on target.

Councillor Fox asked about the £2million arrears for council tax and business rates that had been stated in the media.  It was noted that this related to all arrears going back to 1992.

Councillor Bastiman stated that the Spa would be back in service this year.

Councillor Haycock suggested that officers may wish to reduce their salaries to save jobs.  Councillor Fox stated that this had been done in another Council where staff reduced hours to 4 days per week and this would be considered if agreed at the Council by staff and services.

RESOLVED that Cabinet:

(i)         note the report and in particular that:

·        the revenue budget is expected to be achieved despite lower than expected levels of income, and a draw on the General Fund is not currently envisaged;

·        Yorkshire Forward have reinstated £800k funding previously withdrawn from the Spa redevelopment scheme.  The revised budget for the project will be increased accordingly to £6.64 million; and

·        the capital programme continues to operate within the overall parameters set in terms of contingency levels

(ii)        approve the allocation of the remaining £5k of the £150k designated Children’s Play Area budget equally between the Castle Dykes and Filey Country Park schemes

Reasons:

To provide information relating to Council’s financial performance for the 2010/11 year.

16.

Whitby Coastal Strategy 2 pdf icon PDF 213 KB

To consider a report by the Head of Technical Services (Reference 11/69 attached).

Minutes:

The Cabinet considered a report by the Head of Technical Services (Reference 11/69).  Cabinet were informed that the Council had worked with the Environment Agency to make changes to this strategy the Environment Agency had suggested light touch changes to the area around Whitby.  Since putting the report together the Council had been allocated £100,000 by the Environment Agency to produce Project Appraisal Reports for the four priority coastal defence assets at Whitby Harbour.  The amount of funding for a stand alone Strategy (Whitby Strategy 2) to consider the appropriate next course of action for the coastline from Sandsend to Abbey Cliff had been reduced from £245000 to £200,000.

RESOLVED that Cabinet:

(i)         approve a stand-alone Strategy (Whitby Strategy 2) to consider the appropriate next course of action for the coastline from Sandsend to Abbey Cliff;

(ii)        accept £200, 000 Environment Agency funding for the Whitby Strategy 2, in respect of (i) above;

(iii)       approve the use of the Council’s Coastal Defence Consultants Framework to determine a preferred consultant to undertake the study; and

(iv)       subject to satisfactory confirmation of the scope of the commissions, grant authority to enter into contract with preferred consultant.

(v)        Accept £100,000 of Environment Agency funding for four appraisals as set up under paragraph 5.8 of the report.

Reasons:

To acquaint Cabinet with the details of and seek approval to undertake Whitby Coastal Strategy 2. Upon completion of the Strategy a further report will be provided to Cabinet outlining a proposed course of action.

17.

Coastal and Flood Maintenance Works Term Contract 2011-2015 pdf icon PDF 179 KB

To consider a report by the Head of Technical Services (Reference 11/95 attached).

Minutes:

The Cabinet considered a report by the Head of Technical Services (Reference 11/95).  Cabinet were informed by Councillor Backhouse that the tender scores were close and members had not seen the background papers to the recommendations.  Councillor Backhouse asked that this be deferred until he, the Leader and officers had sight of the tender documents.

Mr Riby stated that he was happy for the portfolio holder and the Leader to scrutinise these documents.

Councillor Bastiman supported this

RESOLVED that Cabinet defer any decision until the Leader and Councillor Backhouse had seen the relevant tender documents associated with this report.

Reasons:

(i)         comply with the Council’s Financial and Contract Procedure Rules; and

(ii)        ensure that there is a competent identified Contractor appointed to provide the services required.

18.

Locality Working Arrangements: Southern Area Pilot pdf icon PDF 182 KB

To consider a joint report by the Head of Regeneration and Planning and Head of Legal and Support Services (Reference 11/88 attached).

Minutes:

The Cabinet considered a joint report by the Head of Regeneration and Planning and Head of Legal and Support Services (Reference 11/88). Cabinet were informed that there was the Localism Bill going through parliament and the introduction of the big society.  The recommendations in this report were a way of bringing decision making closer to the community and put them at the heart of decision making.

The Partnerships Manager, Jo Ireland informed Cabinet that the report built on the role of Parish and Town Council and integrated these with the wider decision making bodies.  This was not a one size fits all model and there could be different arrangements across the Borough to meet the different needs of communities.

The recommendations would build on the strong tradition of town and parish planning.  The proposals had been discussed with the southern area cluster and the Southern Area Committee and there was full support for them.  It was recommended that a pilot be carried out in the southern area and also with Eastfield parish council for more local decision making and, where they wanted to, service delivery.  These new arrangements would take over from the current Southern Area Committee.  There would be the delegation of any funding for the Southern Area Committee to the pilot arrangements.

Councillor Simpson stated that a sub-committee had been set up to oversee the pilot.

Councillor Blackburn stated that it was a very exciting project and this was probably the first of its kind in North Yorkshire and was giving power to the Parish Councils and the community and he hoped that councillors would support it.

RESOLVED that Cabinet:

(i)         support the proposed new locality working arrangements in the southern area;

(ii)        agree the delegation of functions and budget from the Southern Area Committee to the Southern Area Cluster and Eastfield Parish Council for a period of 12 months initially, subject to establishing a form of agreement on terms that are acceptable to the Head of Legal and Support Services and the Leader of the Council; and

(iii)       agree that the Southern Area Committee budget be divided between the wards in the Southern Area on an equal basis.

Reasons:

To strengthen arrangements for locality working within the Borough, in line with national policy direction. 

19.

Section 106 Planning Obligations - Annual Update pdf icon PDF 181 KB

To consider a report by the Head of Regeneration and Planning (Reference 11/22 attached).

Additional documents:

Minutes:

The Cabinet considered a report by the Head of Regeneration and Planning (Reference 11/22). Cabinet were informed that this was an update ion the collection of section 106 monies.  It was important that there was a mechanism in place to ensure that the s106 monies were spent on the areas that had been agreed at Planning and Development committee.

Councillor Dixon asked for more detailed information in future and asked what invoices were overdue and were there any monies that were likely to be lost. He asked about a specific agreement on Lismore place.

Noted that there was a theoretical risk that a developer could seek to vary a planning consent to claim monies back however, this was not likely.  Officers were actively chasing the matter at Lismore place.

Pauline Elliott stated that these were large sums of money and it was important that officers brought the money in.  She stated that the service had a much tighter handle on these funds and were now much better at negotiating these funds.

Councillor Fox asked that Members’ comments be noted by Planning

RESOLVED that the updated information on Section 106 Agreements be received and noted.

Reasons:

The monitoring of S106 Agreements and the reporting of that information to Members is a response to previous criticism from the Audit Commission that the process was not sufficiently transparent. Continued reporting of this information and the availability of reports on the Council’s website enables the process of collecting, allocating and spending of Commuted sums to be transparent and the Council more accountable to the electorate.

(For Information)

20.

Cabinet (Grants and Relief) Sub-Committee pdf icon PDF 43 KB

To receive the minutes of the meeting held on 18 January 2011 (attached).

Minutes:

21.

Individual Cabinet Member Decisions pdf icon PDF 36 KB

To note the decisions of individual Cabinet Members (Reference 11/62 attached).

Additional documents:

Minutes:

22.

Whitby and the North Yorkshire Moors National Park pdf icon PDF 152 KB

To consider a report by the Head of Legal and Support Services (Reference 11/105 attached).

Additional documents:

Minutes:

The Cabinet considered a report by the Head of Legal and Support Services (Reference 11/105). Cabinet were informed that Whitby Town Council were exploring the possibility of becoming part of the National Park.  Natural England was producing new guidance in what could be accepted in national parks and it was noted that in another area of the country towns the size of Whitby had been included in the National Park. Cabinet were recommended to wait for the guidance from Natural England.

Councillor Kenyon stated that it would be a backward step if Whitby were included in the National Park. Councillor Clegg stated that there was a large area of concern that was not represented.  Any town that depended on one industry was very vulnerable.  There was no concern for employment in the document from Whitby Town council.  She hoped that when the paper went to the Planning and Development Committee there was some consideration for employment in the town.  The paper was a very narrowly focussed view and did not see Whitby as a whole.

Councillor Dixon stated that the recommendations were correct at this time.  He thought it was for the residents of Whitby to put forward their viewpoints.

Councillor Kenyon stated that this report was anything but Scarborough Borough council. 

RESOLVED that upon receipt of revised guidance from Natural England Cabinet:

(i)         refer the consultation document submitted to the Borough Council by Whitby Town Council for inclusion of Whitby, Eskdaleside-cum-Ugglebarnby, the parish of Lythe and the parish of Newholme-cum-Dunsley in the National Park to the Head of Tourism and Culture and the Head of Planning and Regeneration to prepare a report reviewing the potential impact of the Town Council recommendation;

(ii)        write to the parish of Eskdaleside-cum-Ugglebarnby (predominantly Sleights village); the parish of Lythe (including Sandsend); and the parish of Newholme-cum-Dunsley to request their comments upon the Town Council’s proposal; and

(iii)       inform Whitby Town Council that it will not respond formally to the Town Council document pending the receipt of detailed Planning and Tourism advice and comments from the Parishes informed by revised guidance from Natural England.

Reasons:

To ensure that recommendations are made on a fully informed basis.

23.

Exclusion of the Public

To consider the following motion:-

“that in accordance with Section 100A(4) of the Local Government Act 1972, the 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 Part 1 of Schedule 12A of the Act) relating to the financial affairs of any particular person (including the authority holding that information) [item 24] and in respect of which a claim to legal professional privilege could be maintained in legal proceedings [item 25]”.

Minutes:

(For Decision)

24.

Disposal of Londesborough Lodge and adjoining public open space

To consider a report by the Head of Finance and Asset Management  (Reference 11/73 attached).

Minutes:

The Cabinet considered a report by the Head of Finance and Asset Management (Reference 11/73).

RESOLVED that Cabinet:

(i)         authorise officers to request the issue of planning guidance in relation to the land adjacent to Lonsborough Lodge;

(ii)        not invite any revised offers pending remarketing the property;

(iii)       authorise officers to instruct CPH Property Services to remarket the property, and

(iv)       note that further consultation in relation to the disposal of the open space will be required.

Reasons:

·                    To fully test the market with the benefit of revised planning guidance.

·                    To ensure that best consideration is achieved.

·                    To expose the property to a wider market, whilst retaining a local presence and building upon the marketing that has already been undertaken.

25.

Castle Headland - Delegation of Authority

To consider a report by the Head of Legal and Support Services (Reference 11/109 attached).

Minutes:

The Cabinet considered a report by the Head of Legal and Support Services (Reference 11/109).

RESOLVED that Cabinet delegate to the Head of Legal and Support Services authority to settle existing negligence proceedings in connection with the Castle Headland Coastal Protection scheme subject to the agreement of terms that are acceptable to the Environment Agency.

Reasons:

To protect public funds.