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Decisions
Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.
Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.
03/09/2018 - Site at West Marina ref: 258 Recommendations Approved
Decision Maker: Cabinet
Made at meeting: 03/09/2018 - Cabinet
Decision published: 12/08/2019
Effective from: 03/09/2018
Decision:
Peter Grace, Assistant Director, Financial Services & Revenues presented a report on the site at west Marina. This was to determine a preferred bidder and agree the way forward in order to make a recommendation to cabinet in the autumn to accept or reject a developer for the site.
He stated that at Cabinet on 2 November 2015 it was agreed to add the site to the Land and Property Disposal Programme and to appoint agents to market the site.
Full marketing commenced in June 2017 and the deadline for the first round of informal tenders was 2 March 2018. A total of four bids from three developers/joint developers were received by the required deadline.
After analysing the bids it was agreed to proceed to a second and final round of bidding with Charterhouse and Countygate/Sunley. The bidders were invited to submit bids on the basis of a Capital sum or alternatively revenue streams based upon the Council retaining ownership of some parts of the development. The option remaining that the Council further invests its own monies for housing acquisitions as identified in the current Capital programme.
Councillor Chowney proposed approval of the recommendations which was seconded by Councillor Fitzgerald.
RESOLVED (by 6 votes for, 1 against) that:
1. To reject the offer from Charterhouse; and
2. To agree County Gate/Sunley are the preferred bidder and to instruct our agents to negotiate further to agree Heads of Terms in order to make a recommendation to Cabinet.
The reasons for these recommendations were:
The site has been vacant for some 30 years and the Council has looked to develop the site a number of times over the period. In the last few years, with changing economic circumstances, improvements to property values, and a number of reports and investigations to de-risk the site, the opportunity is available to develop the site and provide a mixed development including 152 residential units (25% affordable) as identified in the local plan.
The actions taken over the last three years have managed to identify, engage and retain the interest of major development companies resulting in a viable and attractive proposition to transform the West Marina site into a destination point in line with the objectives of the seafront strategy, provide enhanced leisure opportunities and see much needed investment in the area. The Council’s agent, Carter Jonas, recommends proceeding with the offer from County Gate/Sunley.
08/07/2019 - Apologies for Absence ref: 255 Recommendations Approved (subject to call-in)
Decision Maker: Cabinet
Made at meeting: 08/07/2019 - Cabinet
Decision published: 09/08/2019
Effective from: 08/07/2019
Decision:
Apologies received for Councillor Fitzgerald.
11/07/2019 - Minutes of the Previous Overview and Scrutiny Committee ref: 244 Recommendations Approved
Decision Maker: Overview and Scrutiny Committee
Made at meeting: 11/07/2019 - Overview and Scrutiny Committee
Decision published: 09/08/2019
Effective from: 11/07/2019
Decision:
Councillors raised issue that part of their discussion was missing. It was to do with inviting someone in to talk about the committee systems. It was advised that this discussion was recorded in the Scrutiny Steering Group minutes and was part of the work programme that would be later discussed.
RESOLVED – that the minutes of the meeting held on 13th June 2019 be
approved by the Chair as a true record.
11/07/2019 - Overview and Scrutiny Annual Work Programme 2019/20 ref: 243 For Determination
To update Councillors on the status of the 2018/19 Scrutiny work programme
2. To set out proposed key lines of inquiry for the 2019/20 Scrutiny work
programme.Decision Maker: Overview and Scrutiny Committee
Made at meeting: 11/07/2019 - Overview and Scrutiny Committee
Decision published: 09/08/2019
Effective from: 11/07/2019
Decision:
The Chair presented the report and asked the committee for any issues arising from it.
Councillors raised issues concerning Disabled Facilities Grant (DFG). The DFG is a form of financial assistance that enables people to make adaptions to their homes. The DFG budget is underspent. Hastings Borough Councils scheme currently means tests applicants. Some councils do not do this as part of their process. Councillors were also concerned about the time it can take for an applicant to be successful and what could be potential delays in the process. Councillors questioned if this was the potential cause of the underspend. Councillors are keen to find the root cause of the delays to DFGs underspend and other services especially in times of austerity
ACTION: To ask housing about DFG’s means testing and potential delays. To ask for a DFG process map for the Q2 meeting and to continue to monitor it.
Councillors have recently received updated Section 106 (S106) information. S106 are conditions on planning applications that mean developers make financial contributions to improve the local area such as playgrounds or widening pavements. Councillors thanked officers for providing S106 information. Councillors are still keen to monitor this and would like the new information explained to them. Councillors would also like clarified what funds could be rolled forward to the next municipal year and which ones disappeared if they were not spent.
ACTION: To invite the Chief Auditor to the next Scrutiny Steering group meeting
The Councillors looked at last year’s work programme and discussed the remaining items that needed finalising for the year. They were still waiting on a response to the Overview and Scrutiny submission for the Bohemia area consultation, a management response to the Regeneration Funding Review report (this should be submitted to the September Cabinet meeting) and continued S106 information.
ACTION: Democratic Service Officers to chase outstanding actions on last year’s work programme
Councillors spoke about the new work programme. They spoke about wanting to start working with Cabinet members such as starting the corporate plan early and trying to close the gap with Homelessness. They wanted to work with Cabinet as part of critical collective collaboration. It was suggested that they look to working collaboratively with ESCC which could help with an enhanced scrutiny review. It was suggested that scrutiny could collect questions and put them in formally to get a formal answer.
The next steps for the work programme will be setting up the meetings and using the government’s statutory guidance scoping each thing properly.
Councillors felt that the mid-term finance strategy was missing from the work programme. The Assistant Director Financial Services and Revenues will be holding a briefing session for Councillors in September.
During this discussion Councillors raised concerns about the impact of funding if we leave the European Union (EU). A large proportion of the money the council receives is grants for specific projects from the EU. Councillors were concerned that there was no contingency in place. Councillors were told that officers are planning for this and Overview and Scrutiny can pick this up in a meeting with Cabinet members.
There were concerns about what the financial support offered by the national government would be should we leave the EU. Previously the government had said it would match lost funding but this doesn’t seem likely now. The funding from the EU had been used for projects that helped the more vulnerable communities in the borough. There were concerned at where the money would be found to continue this work.
Councillors also pointed out that this potential funding deficit might not occur immediately as grants already allocated by the EU will be paid after we leave the EU. The Regeneration funding review looked at the issue of EU funding and is expecting a management response to this.
Councillors spoke about the waste contract. Originally Overview and Scrutiny were going to look in depth to the contracts performance after it had been operational for several months. Some councillors felt that we should be looking at them sooner. Some councillors also wanted a distinction between the council run street cleansing operation and the Biffa household waste collection contract for when they review the Key Performance Indicators (KPIs).
Councillors had raised at a previous meeting concerns about if our recycling is sent abroad and wanted to find out where it ended up. This action had been sent to the relevant officer who will respond in due course.
Councillors were keen to get an update on the bid put in for future high street funding. They wanted to know why we bid for the grant initially, why the bid was unsuccessful and how Councillors were involved in this process.
ACTION: Democratic services officers to ask the relevant officer for information about the future high street bid
Councillors would like to look at our environmental commitments. Colleagues are currently working on this and this would be reviewed in September.
Councillors would like to start engaging with the corporate plan and helping to develop this.
The Regeneration Funding review talked about CHART. Councillors would like to have CHART officers updating them with decisions. They wanted to get information about who saw the applications, who was involved in reviewing the bid and what the priorities were for the bids. Councillors would like to see help for more vulnerable residents.
Some Councillors raised the need to distinguish between micro managing and scrutinising our bidding process. There is a need to make sure the grants we bid for fit in with our corporate priorities. We need to seek out the grants we need rather than just taking what’s available. Other councillors felt that looking at something in depth would give the overview needed in order to understand what was going on in particular processes.
Councillors raised issues with the bathing water review due to concerns with the quality of the data used. They had concerns with the performance of the water management provider and used one example of them not knowing where filters were in the park. Councillors were keen to celebrate the achievements of the past work as it did see a better quality of bathing water which could be clearly linked to the work done in Alexander Park a few years. The review of bathing water could also be used to look at water poverty and access in the borough through the introduction of water meters.
Councillors discussed how grants are awarded to groups within the local community. Councillors believed that larger groups were more inclined to be successful in bids rather than smaller groups. The Regeneration Funding review was looking at ways this could be monitored to get the outcome and transparency communities expect. They spoke about different models used that make it more accessible such as making the breaking down the money into a series of smaller grants. The councillors felt that currently the amounts were too big for local businesses.
They discussed how there were organisations in the town that can help with this such as Hastings Voluntary Action (HVA). HVA already give good advice to local groups and might be able to help a collective of small groups bid for a larger fund. Presently larger groups bidding are being successful frequently due to their experience of bidding and not having more groups to compete with. Councillors felt these larger groups were worthy of the funding but would like to see a more diverse range benefitting.
Councillors could also benefit to access to lower amounts to hold small events that would bring together members of the local community in their wards and other relevant organisations such as the police. This would increase wellbeing and strengthen relationships.
The councillors all saw benefits to smaller groups getting access to grants and they felt would have a positive impact in changing the many areas of deprivation experienced in the borough. Statistics for these had been getting worse rather than better.
ACTION: At the next Scrutiny Steering Group the agreed work programme will be looked at and activities will be planned
RESOLVED that:
1. To update the status of the 2018/19 Scrutiny work programme.
2. To summarise ideas received for the 2019/20 Scrutiny work programme and to propose next steps for progressing these.
Reasons for Recommendations
It is the responsibility of Members serving on Overview and Scrutiny to set their own work programme for each municipal year at the Annual Meeting, whilst taking into account the advice of officers present.
08/07/2019 - Final Accounts 2018/19 ref: 252 Recommendations Approved
This report sets out the draft final accounts position for 2018/19. These are subject to completion of the external audit.
Decision Maker: Cabinet
Made at meeting: 08/07/2019 - Cabinet
Decision published: 08/08/2019
Effective from: 08/07/2019
Decision:
The Assistant Director, Financial Services and Revenues, submitted a report setting out the draft final accounts position for 2018/19. The financial accounts are subject to change until the external auditors have completed their audit report.
The report was presented by the Chief Accountant.
Total direct service expenditure amounted to £11,468,517 in 2018/19 compared to the revised budget estimate of £13,313,580, a variation of £1,845,063. This was offset by a variation in the budgeted use of reserves of £2,090,724. Overall there is an improvement in the General Fund revenue outturn position compared to the revised budget of £66,089 (a budgeted deficit of £747,194 compared to an expected outturn deficit of £681,105).
The Assistant Director thanked the accountants for their work.
Councillor Chowney proposed approval of the recommendations of the report, seconded by Councillor Lee.
RESOLVED (unanimously) that:
1. Cabinet review the revenue and capital outturn positions for 2018/19.
2. That the 2018-19 outturn position, along with the revised estimates for 2019/20 be taken into account when preparing the 2020/21 budget.
3. Cabinet review the achievement of Priority Income and Efficiency Review (PIER) savings for 2018/19.
Reasons for the decision:
Compliance with statutory requirements and good practice. The Council is accountable for the use of public money and continuously seeks to improve Value for Money.
The outturn position informs the budget setting process. Where there are under or overspends the reasons behind these are investigated with a view to reallocating resources to meet priorities.
The 2016/17 Audit Completion Report from the council’s external auditors (BDO at the time) recommended that management report on the achievement of PIER savings following their implementation.
The Council's external auditors (now Grant Thornton) commenced auditing the full accounts in early June. The audited Statement of Accounts will be considered by the Audit Committee on 30th July– along with details of the auditor’s findings and any material amendments made to the accounts.
Lead officer: Peter Grace
08/07/2019 - Proposed Variation of the Anti Social Behaviour Public Spaces Protection Order ref: 250 Recommendations Approved
To provide a review of the anti social behaviour public spaces protection order.
Decision Maker: Cabinet
Made at meeting: 08/07/2019 - Cabinet
Decision published: 08/08/2019
Effective from: 08/07/2019
Decision:
The Assistant Director, Environment and Place presented a report to summarise consultation feedback on proposals to update the Anti-social Behaviour Public Spaces Protection Order (ASB PSPO); agree changes to the draft ASB PSPO; and seek approval for the Chief Legal Officer to update and extend the ASB PSPO in accordance with regulations published by the Secretary of State.
The current proposals for varying the ASB PSPO result from an analysis of complaints from residents, businesses and visitors to the town received since the existing ASB PSPO came into force. Plus feedback from council services and local stakeholders.
The proposed changes to the ASB PSPO and details of the consultation process were included in the Assistant Director’s report.
Councillors debated the report and noted that the Council required more support from the police on issues such as street drinking. The Assistant Director informed the Cabinet that he and the Director of Operational Services will be meeting Chief Inspector Sarah Godley to discuss the issues raised.
In response to a question it was confirmed that PSPOs cannot be used to tackle rough sleeping or homelessness.
Councillor Rogers proposed approval of the recommendations of the report, seconded by Councillor Chowney.
RESOLVED (unanimously):
1) Cabinet authorise the Chief Legal Officer to vary the existing ASB PSPO by replacing it with the updated version at appendix 6, and to extend it by 3 years from 9th July 2019, in accordance with regulations published by the Secretary of State.
2) Cabinet authorise the Chief Legal Officer to correct any minor drafting errors that may be identified, and make minor amendments including deletions and insertions that may be necessary to ensure the ASB PSPO is accurate.
Reasons for the decision:
PSPOs are made under the Anti-social Behaviour, Crime and Policing Act 2014, and are valid for up to 3 years. The existing ASB PSPO came into force on 12th June 2017 enabling the council and the police to address serious anti-social behaviour in specified public places. PSPOs can be varied and extended, and changes to patterns of ASB in Hastings since summer 2017 have resulted in the need to review and update the council’s ASB PSPO.
Wards affected: (All Wards);
Lead officer: Mike Hepworth
08/07/2019 - Corporate Plan retrospective report on performance during 2018/19 and proposed Performance Indicator targets for 2019/20 ref: 253 Recommendations Approved
To report back on performance against targets in the 2018/19 corporate plan. To recommend the corporate performance indicator targets for 2019/20.
Decision Maker: Cabinet
Made at meeting: 08/07/2019 - Cabinet
Decision published: 08/08/2019
Effective from: 08/07/2019
Decision:
The Director, Corporate Services and Governance presented a report to advise Cabinet of the year-end performance for 2018/19 and proposed performance indicator targets for 2019/20.
The Council meeting on 11 February 2019 agreed the Corporate Plan for 2019/20 which sets out the council’s strategic direction and outlines 7 key work programmes for 2019/20.
The Overview and Scrutiny committee considered the year-end performance for 2018/19 and proposed performance indicator targets for 2019/20 at their meeting on 13 June. Most indicators are proposed to retain the same targets for 2019/20.
The full report to the Overview and Scrutiny committee, and the minutes of their meeting are available here.
Councillor Forward thanked officers and the Overview and Scrutiny Committee for their work.
Councillor Forward proposed approval of the recommendations of the report, seconded by Councillor Rogers.
RESOLVED (unanimously):
1. That the comments of the Overview and Scrutiny committee be considered.
2. That the year-end performance for 2018/19 and proposed performance indicator targets for 2019/20 be approved.
3. That Cabinet support intentions for performance arrangements during 2019/20.
Reasons for the decision:
The council's Corporate Plan is one of the key documents by which the council is held to account for its performance, therefore honest and transparent reporting back of how well we performed against targets in the previous year is essential. Local people and staff also need to be aware of the targets and standards we have set ourselves, and where any of these targets have changed from previous years we need to be clear about the reasons why.
Wards affected: (All Wards);
Lead officer: Jane Hartnell
08/07/2019 - Development of Income Generation, Regeneration and Energy Initiatives ref: 251 Recommendations Approved
To update Members on progress and outline proposed way forward to meet regeneration, housing and income objectives.
Decision Maker: Cabinet
Made at meeting: 08/07/2019 - Cabinet
Decision published: 08/08/2019
Effective from: 08/07/2019
Decision:
The Director, Operational Services presented a report to review progress in delivering income generation activity.
Cabinet agreed an initial programme for income generation at its meeting on the 4th July 2016. This followed an analysis of the council’s financial position that identified a potential revenue funding gap of £3.5m.
The council adopted an income generation strategy in September 2017 and a commercial property investment strategy which committed the council to making available of the levels of investment for the period 2017/18 – 2020/21.
Details of the Council’s investments, asset acquisitions and income were included in the Director’s report.
Councillor Chowney proposed amending the wording of recommendation 7 to avoid misunderstanding. This was agreed.
Councillor Chowney proposed approval of the recommendations of the report, seconded by Councillor Batsford.
RESOLVED (unanimously):
1. That cabinet welcome the delivery of a range of actions that are anticipated to generate income or savings for the council circa £1.3m in a full financial year.
2. That the council should continue to acquire suitable commercial properties if they meet our investment criteria when they should become available within the Hastings Travel to Work Area (TTWA).
3. That a revised and adjusted business plan for the Hastings Housing Company be presented to Cabinet before the council commits to a further programme of investment
4. That the council should consider continuing acquiring housing directly in order to reduce the costs and social impact of extended residence in B&B. The Assistant Director Housing and Built Environment be instructed to bring a separate report and business case to Cabinet if a future programme of acquisition is viable.
5. That the council continues to direct resources to explore energy generation within the borough or elsewhere both to earn income and as part of its commitment to address climate change.
6. That generating sustainable income should be a central theme underpinning the council’s major projects and its service provision.
7. That the Capital Programme be reviewed and priorities within the Capital Programme be set in order to support the financing of further investment in commercial property, housing and energy within the council’s overall means.
Reasons for the decision:
That despite challenges the council has achieved substantial income and savings with the potential for more in the future.
That it is clear that the council’s climate, housing, energy and employment creation priorities should embrace the generation of an increased sustainable income for the council wherever this is possible. Future acquisitions and development should constitute part of our capital programme delivery work of major projects.
Government policy supports investment for regeneration and economic development rather than solely income generation.
The need to address both climate change and economic growth means treating these as being closely related.
Wards affected: (All Wards);
Lead officer: Simon Hubbard
08/07/2019 - Lower Tier Residential Development ref: 249 Recommendations Approved
To advise members of progress being made in bringing forward the Lower Tier site at Bexhill Road for residential development and to establish a budget for pre-development work ultimately to be covered by Homes England.
Decision Maker: Cabinet
Made at meeting: 08/07/2019 - Cabinet
Decision published: 08/08/2019
Effective from: 08/07/2019
Decision:
The Assistant Director, Housing & Built Environment presented a report to advise members of progress being made in bringing forward the Lower Tier site at Bexhill Road for residential development; details of Homes England’s Grant Funding Agreement; and to establish a budget to cover the Council’s costs in advance of any grant monies due from Homes England.
The site is currently identified for 192 homes, of which 40% would be Affordable Housing. At this stage, the Affordable Housing has been identified as a mix of Shared Ownership and Affordable Rent, which is rent that is up to 80% of open market rental value.
The Council will be solely responsible for taking forward the initial stages of the development until the site is fully remediated, planning is obtained and the land value has been maximised. The Council will then enter into a JV agreement with a Registered Provider (RP) for the housing development phase. This approach is in part due to the need to provide Homes England with the confidence that the Council, who has no recent track record of residential development, has the necessary expertise to take forward a site of the size and complexity presented by the Lower Tier.
The Council is receiving legal advice on how best to contract with a RP partner and is exploring options for entering into a contract following a Voluntary Transparency Notice (VEAT) being published.
The Assistant Director noted that any flood mitigation measures at the site could improve circumstances for existing residents as well as the proposed development.
Councillors discussed the report and asked questions of the Assistant Director.
Councillor Batsford proposed approval of the recommendations of the report, seconded by Councillor Forward.
RESOLVED (6 for, 2 against):
1. That the engagement of Harmony Homes for professional support and project co-ordination prior to planning permission being granted is agreed.
2. That the engagement of Ambiental Technical Solutions for flood remediation modelling and works is agreed.
3. That the use of the Bloom Procurement Framework to engage professional services including architectural services up to the granting of planning permission is agreed.
4. That the Council agree expenditure of up to £6.9million capital (this expenditure to be funded by Homes England) and £90,000 revenue (interest) to fund development costs associated with the delivery of the Lower Tier residential development.
5. That a further report be produced for Cabinet and Council agreeing a revised Capital Programme for 2019/20 and beyond. This to include the potential development funding for the Lower Tier site.
Reasons for the decision:
The Council intends to develop circa 190 new homes on part of the former recreation ground at Bexhill Road. Extensive remediation work is required to bring the site up to a marketable value, and the scheme would not be viable without external funding.
Through the Homes England Local Authority Accelerated Construction (LAAC) fund, the Council has secured up to £6.9m to bring the scheme forward. This funding must be drawn down by the end of March 2021.
The resulting homes will make a significant contribution to meeting local housing need across a range of tenures and will include for 40% affordable housing. In addition, an opportunity exists to purchase properties through the Council’s Housing Company for private letting, creating an ongoing income stream for the Council.
The terms of the funding agreement with Homes England require that claims against the grant funding up to the value of £6.9m are paid quarterly in arrears. Therefore, it will be necessary that payments are made in advance of receiving grant funding.
The funding of the development following the initial grant funding will need to be separately agreed as part of the Council’s revised Capital Programme due to be considered in September 2019.
Wards affected: West St Leonards;
Lead officer: Andrew Palmer
08/07/2019 - Sex Establishments Policy Review ref: 248 Recommmend Forward to Council
Sex Establishments Policy to be reviewed to take account of changes to the Borough, the latest legal advice, and consultation responses. It also upholds the promise to review the existing policy as appropriate.
Decision Maker: Cabinet
Made at meeting: 08/07/2019 - Cabinet
Decision published: 08/08/2019
Effective from: 08/07/2019
Decision:
The Assistant Director, Environment and Place, submitted a report to provide Cabinet with feedback from a consultation on proposed changes to the council's sex establishments policy, and seek Cabinet approval to recommend that Full Council adopts the updated policy.
The Licensing Manager presented the report to the Cabinet.
There is no statutory requirement for the Council to have a specific policy on sex establishments. However, following a relatively high profile application for a sexual entertainment venue 6 years ago, Councillors indicated that adoption of a clear policy would help make the application process more transparent to all concerned, including applicants and objectors.
The existing policy was developed in 2015 and has been reviewed and updated by the Licensing Manager. The policy has stood the test of time and has not been challenged. However, it required updating to reflect the changes to the borough over the past 4 years and take account of the latest legal advice.
The main change from the existing policy has been to propose reducing the numbers of such establishments deemed to be appropriate for the borough down from the existing one sex shop and one sexual entertainment venue to just one sexual entertainment venue.
Councillor Chowney proposed approval of the recommendations of the report, seconded by Councillor Rogers.
RESOLVED (unanimously):
That Cabinet endorse the draft policy attached at appendix 1, and recommend that it is adopted by Full Council.
Reasons for the decision:
From time to time the council's sex establishments’ policy should be reviewed and updated. The existing policy was adopted in July 2015 and is now due for a review.
Wards affected: (All Wards);
Lead officer: Mike Hepworth
08/07/2019 - Constitution Change July 2019 ref: 247 Recommendations Approved
Decision Maker: Cabinet
Made at meeting: 08/07/2019 - Cabinet
Decision published: 08/08/2019
Effective from: 08/07/2019
Decision:
The Chief Legal Officer submitted a report to amend the Council’s Constitution.
The amendments that the Chief Legal Officer suggested are as a result of a conflict of interest by members of the Standards Committee in considering a standards complaint necessitating changes to Part 2 of the Constitution.
Members of Working Arrangement Group were consulted and are supportive of the change.
Under rule 13.3 the recommendations of the report were agreed without being called for discussion.
RESOLVED:
To recommend that the amendment to the Council’s Constitution be adopted by Full Council.
Reasons for the decision:
The Council's Constitution is the basis for the Council's Corporate Governance.
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