Agenda, decisions and draft minutes

Executive - Monday, 24th May, 2021 10.00 am

Venue: Council Chamber, The Arc, Clowne

Contact: Amy Bryan  Senior Governance Officer

Items
No. Item

EX112-20/21

Apologies For Absence

Minutes:

Apologies for absence were received from Councillor Nick Clarke.

EX113-20/21

Urgent Items of Business

To note any urgent items of business which the Chairman has consented to being considered under the provisions of Section 100(B) 4(b) of the Local Government Act 1972.

Minutes:

There was no urgent business to be considered at the meeting.

EX114-20/21

Declarations of Interest

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

 

a)  any business on the agenda

b)  any urgent additional items to be considered

c)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

Minutes:

Members were requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

 

Councillor Liz Smyth declared a Disclosable Pecuniary Interest in Item 9 – Discretionary Grant Funding.  Councillor Smyth did not participate in the discussion or the vote on this item.

EX115-20/21

Minutes pdf icon PDF 202 KB

To consider the minutes of the last meeting held on 26 April 2021.

Minutes:

Moved by Councillor Sandra Peake and seconded by Councillor Clive Moesby

RESOLVED that the minutes of a meeting of the Executive held on 26 April 2021 be approved as a true and correct record.

Matters Referred from Scrutiny

None

Budget & Policy Framework Items

None

Non Key Decisions

EX116-20/21

Local Development Order - Creswell Road pdf icon PDF 1 MB

Decision:

RESOLVED that a Local Development Order be adopted to grant planning permission for residential development on land at Creswell Road, Clowne, subject to the conditions set out in paragraph 3.5 of the report.

Minutes:

Executive considered the report of the Portfolio Holder – Corporate Governance which sought approval to adopt a Local Development Order (LDO) which would grant planning permission for residential development on a Council-owned site.  The report recommended adoption of a LDO on land to the rear of 221 Creswell Road, Clowne for custom and self-build subject to conditions.

 

The LDO would allow the Council to discharge its statutory duties under the Self Build and Custom Housebuilding Act 2015. From a planning perspective, the site had been chosen because it was within the settlement framework where housing was acceptable in principle, had safe and suitable accesses and residential development on the site was unlikely to have a harmful impact on the character, appearance and amenities of the local area, subject to conditions.

 

Attached to the report at Appendix 1 was a detailed planning analysis of the site, which included any site-specific conditions and the reasons for those conditions.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Liz Smyth

RESOLVED that a Local Development Order be adopted to grant planning permission for residential development on land at Creswell Road, Clowne, subject to the conditions set out in paragraph 3.5 of the report.

 

(Assistant Director of Development and Planning)

 

REASON FOR DECISION:

The principle reasons for approving a Local Development Order for residential development on the site of land at Creswell Road, Clowne are:

i.              to allow the Council to obtain best value for underutilisedpieces of land whilst improving the environmental quality of the District;

ii.            to attract private investment in this land through a simplified and less costly planning process which provides a guarantee the land can be developed to address the Council’s duties under the Self-build and Custom Housebuilding Act 2015; and

iii.           to ensure a consistent high quality of design was achieved that provided a long-lasting legacy that would benefit the local community, improve the character and appearance of the local area and add variation to the existing housing stock.

 

OTHER OPTIONS CONSIDERED:

A do nothing option was rejected because the site would become an increasing liability and continue to detract from the character and amenities of the local area.  Alternative options for achieving a permission, and the reasons for rejection, where set out in the report.

 

Key Decisions

EX117-20/21

Exclusion of the public

To move:-

 

“That under Section 100(A)(4) of the Local Government Act 1972 (as amended), 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 the stated Part 1 of Schedule 12A of the Act and it is not in the public interest for that to be revealed.” [The category of exempt information is stated after each item].

Minutes:

Moved by Councillor Duncan McGregor and seconded by Councillor Sandra Peake

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972 (as amended), 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 the stated Part 1 of Schedule 12A of the Act and it is not in the public interest for that to be revealed. [The category of exempt information is stated after each Minute].

PART 2 - EXEMPT ITEMS

Non Key Decisions

EX118-20/21

B.I.L.D (Building, Infrastructure and Leisure Development) Programme

(Paragraph 3)

Decision:

RESOLVED that;

 

1)    the Council’s BILD Programme concept, approach and process including the option for Parish Councils to borrow through the District Council to finance capital works associated with the BILD Programme where appropriate to do so, be approved.

 

2)    Executive receive project proposals for approval on a case by case basis as and when proposals were developed.

Minutes:

Executive considered a report by the Portfolio Holder – Leisure, Transformation and Partnerships, which sought approval of the Council’s Building, Infrastructure and Leisure Development Programme (BILD) concept, approach and process.  This programme included the option for Parish Councils to borrow through the District Council to finance capital works associated with the BILD Programme where appropriate.

 

The report set out the importance of leisure, recreation and play in communities and their economic impact, as well as the purpose of BILD and how it would work and the potential appetite for the programme.

 

Executive welcomed the report and hoped Parish Councils would engage with the scheme.

 

Moved by Councillor Mary Dooley and seconded by Councillor Duncan McGregor

RESOLVED that;

 

1)    the Council’s BILD Programme concept, approach and process including the option for Parish Councils to borrow through the District Council to finance capital works associated with the BILD Programme where appropriate to do so, be approved.

 

2)    Executive receive project proposals for approval on a case by case basis as and when proposals were developed.

 

(Director of Corporate Resources)

 

REASON FOR DECISION:

The development of leisure, recreation and play infrastructure was in the interests of all communities.  The BILD Programme had been specifically developed/designed to overcome the existing barriers to the development of leisure, recreation and play infrastructure across the district through partnership working between Parish/Town and District Councils.

 

OTHER OPTIONS CONSIDERED:

There was no other known option that was available to Parish/Town Councils that was designed to operate the way that the BILD Programme would.

 

(Paragraph 3)

 

Key Decisions

EX119-20/21

Bramley Vale Improvements

(Paragraph 3)

 

Decision:

RESOLVED that Option C (which included Option B) as set out in the report be endorsed.  This Option would allow the repairs team to get detailed designs and costs agreed, contractors procured and then report back to Executive for a contract decision.

Minutes:

Executive considered a report by the Portfolio Holder – Housing that sought a decision regarding the scope of works for the refurbishment of Council owned properties at Bramley Vale, which would enable officers to procure a contractor to carry out the essential remedial work.

 

The report recommended Option C, which included Option B.  This included carrying out structural stability works to walls, footings and drains to Council owned properties.  It also included external wall insulation work, for which eco funding would be sought for part of the cost.

 

Moved by Councillor Sandra Peake and seconded by Councillor Duncan McGregor

RESOLVED that Option C (which included Option B) as set out in the report be endorsed.  This Option would allow the repairs team to get detailed designs and costs agreed, contractors procured and then report back to Executive for a contract decision.

           

(Director of Development)

 

REASON FOR DECISION:

This decision would address all of the historical and ongoing repairs associated with the structural instability and the poor thermal efficiency of the properties.

 

OTHER OPTIONS CONSIDERED:

A number of alternative options and the reasons they were not recommended were set out in the report.

 

(Paragraph 3)

EX120-20/21

Discretionary Grant Funding

(Paragraph 3)

 

Decision:

RESOLVED that;

 

1)    the report be noted and the awards that were made on the basis of the priorities and criteria set out for the original ARG funding be endorsed.

 

2)    the details of the forthcoming Additional Restrictions Grant be noted and the following proposals be endorsed:

 

i)             a new scheme is open, inviting businesses from across the district to apply through a new application process;

ii)            businesses who have been, and continue to be, affected by the Coronavirus pandemic and the roadmap to easing lockdown restrictions are priorities for the Additional Restrictions Grant, including:

·         businesses closely related to visitor economy, hospitality or leisure, or part of their supply chain and ineligible for the mandatory grants

·         start-ups, sole traders and self-employed ineligible for the mandatory grants

·         businesses who do not hold a business rates account

·         businesses who have not received any previous ARG funding and who are still closed under the roadmap for lockdown restrictions

iii)           the following criteria be used to assess the level of grant funding to be awarded from the ARG scheme:

·         level of fixed costs faced by the business

·         no. of FTE employees within the applicant business

·         trading status of the business i.e. whether some trading has continued or a business has had to close completely, and when likely to resume trading

·         any previous grant award through ARG or other discretionary grant scheme

iv)           the level of any future awards will be set at a maximum of £10,000 for a single business with discretion to award a grant of £1,500 / £3,000 / ££5,000 / £7,500 / £10,000 based on an officer assessment using the above criteria.

Minutes:

Executive considered a report of the Deputy Leader which provided an update on the allocation of funding from the first round of Additional Restrictions Grant (ARG) and to consider criteria for the allocation of funding from a further allocation of Additional Restriction Grant monies.

 

The report set out information regarding the allocation of the first round of ARG, which had been successful in supporting a number of businesses across the district.  The report also set out the intended criteria for allocating the second top-up of ARG funding.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Sandra Peake

RESOLVED that;

 

1)    the report be noted and the awards that were made on the basis of the priorities and criteria set out for the original ARG funding be endorsed.

 

2)    the details of the forthcoming Additional Restrictions Grant be noted and the following proposals be endorsed:

 

i)             a new scheme is open, inviting businesses from across the district to apply through a new application process;

ii)            businesses who have been, and continue to be, affected by the Coronavirus pandemic and the roadmap to easing lockdown restrictions are priorities for the Additional Restrictions Grant, including:

·         businesses closely related to visitor economy, hospitality or leisure, or part of their supply chain and ineligible for the mandatory grants

·         start-ups, sole traders and self-employed ineligible for the mandatory grants

·         businesses who do not hold a business rates account

·         businesses who have not received any previous ARG funding and who are still closed under the roadmap for lockdown restrictions

iii)           the following criteria be used to assess the level of grant funding to be awarded from the ARG scheme:

·         level of fixed costs faced by the business

·         no. of FTE employees within the applicant business

·         trading status of the business i.e. whether some trading has continued or a business has had to close completely, and when likely to resume trading

·         any previous grant award through ARG or other discretionary grant scheme

iv)           the level of any future awards will be set at a maximum of £10,000 for a single business with discretion to award a grant of £1,500 / £3,000 / ££5,000 / £7,500 / £10,000 based on an officer assessment using the above criteria.

 

(Assistant Director of Development and Planning)

 

REASON FOR DECISION:

The original ARG discretionary grant fund had been successful in supporting 265 businesses across the district.  The top-up award of additional funding presented an opportunity to offer further support to businesses over the coming months as the country eases out of lockdown and restrictions were lifted.

 

OTHER OPTIONS CONSIDERED:

The option to do nothing with the Additional Restrictions Grant could not be countenanced by the Council.  The option to do the same as before was rejected for the reasons set out in the report.

 

(Paragraph 3)

EX121-20/21

Commercial Property Developments

(Paragraph 3)

 

Decision:

RESOLVED that;

 

1)    a provisional sum, as detailed in the report, be allocated from the Transformation Reserve to undertake pre-contractor works up to and including RIBA Stage 3, on the basis that a further report be brought back to Executive following the procurement exercise of the design team with the confirmed contract value.

 

2)    the investment in the development of the industrial units on Portland Drive, Shirebrook as identified in the report and funded through a Levelling Up Fund bid (an estimated cost was set out in the report), be supported.

 

3)    the investment in the development of the industrial units on land adjacent to The Tangent Business Hub, Shirebrook as identified in the report and funded through a Levelling Up Fund bid (an estimated cost was set out in the report), be supported.

 

4)    the investment in the development of the industrial units on Portland Drive, Shirebrook as identified in the report and funded through borrowing (an estimated cost was set out in the report), subject to a future report to Council for approval, be supported.

 

5)    the investment in the development of the industrial units on land adjacent to The Tangent Business Hub, Shirebrook as identified in the report and funded through borrowing (an estimated cost was set out in the report), subject to a future report to Council for approval, be supported.

 

6)    subject to a satisfactory viability appraisal based on the contract value, the Assistant Director of Development and Planning be given delegated authority to procure, negotiate and enter a contract for the design team.

 

Minutes:

Executive considered a report of the Portfolio Holder – Economic Development which set out outline business cases for a potential phase-3 development of industrial units at land adjacent to The Tangent Business Hub, Shirebrook and a potential commercial property development on land on Portland Drive, Shirebrook.

 

The report sought approval to allocate a provisional sum from the Transformation Reserve to undertake RIBA Stages 1-3, which would include site surveys, architectural drawings, cost plan, planning application and associated frees, as well as an outline specification and design programme.  The report set out information about submitting a Levelling Up Fund application to secure grant funding for the two projects but also sought endorsement for alternative financing (subject to Council approval) should the Levelling Up application be unsuccessful or to lengthy a process for award and delivery.

 

Moved by Councillor Liz Smyth and seconded by Councillor Duncan McGregor

RESOLVED that;

 

1)    a provisional sum, as detailed in the report, be allocated from the Transformation Reserve to undertake pre-contractor works up to and including RIBA Stage 3, on the basis that a further report be brought back to Executive following the procurement exercise of the design team with the confirmed contract value.

 

2)    the investment in the development of the industrial units on Portland Drive, Shirebrook as identified in the report and funded through a Levelling Up Fund bid (an estimated cost was set out in the report), be supported.

 

3)    the investment in the development of the industrial units on land adjacent to The Tangent Business Hub, Shirebrook as identified in the report and funded through a Levelling Up Fund (an estimated cost was set out in the report), be supported.

 

4)    the investment in the development of the industrial units on Portland Drive, Shirebrook as identified in the report and funded through borrowing (an estimated cost was set out in the report), subject to a future report to Council for approval, be supported.

 

5)    the investment in the development of the industrial units on land adjacent to The Tangent Business Hub, Shirebrook as identified in the report and funded through borrowing (an estimated cost was set out in the report), subject to a future report to Council for approval, be supported.

 

6)    subject to a satisfactory viability appraisal based on the contract value, the Assistant Director of Development and Planning be given delegated authority to procure, negotiate and enter a contract for the design team.

 

(Director of Development)

 

REASON FOR DECISION:

Each of the two sites offered accommodation which was in high demand.  The capital investment would generate a longer term revenue source for the authority, whilst contributing to the Council’s strategic objectives of increasing business growth, increasing business rates retention, and supporting economic growth through offering a diverse range of commercial property accommodation with the district.

 

OTHER OPTIONS CONSIDERED:

Alternative options for the two sites were set out in the report.

 

(Paragraph 3)