Agenda for Cabinet on Thursday, 12th June, 2008, 4.00pm

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Agenda, decisions and minutes

Venue: Council Chamber, Hove Town Hall. View directions

Contact: Martin Warren, Senior Democratic Services Officer 

Items
No. Item

1.

Procedural Business

    (a)  Declarations of Interest by all Members present of any personal interests in matters on the agenda, the nature of any interest and whether the Members regard the interest as prejudicial under the terms of the Code of Conduct

     

    (b) Exclusion of Press and Public - To consider whether, in view of the nature of the business to be transacted, or the nature of the proceedings, the press and public should be excluded from the meeting when any of the following items are under consideration.

     

          NOTE:  Any item appearing in Part 2 of the Agenda states in its heading the category under which the information disclosed in the report is exempt from disclosure and therefore not available to the public.

     

              A list and description of the exempt categories is available for public inspection at Brighton and Hove Town Halls.

    Minutes:

    1A      Declarations of Interests

     

    1a.1    Councillor Mears declared a personal in item 14, ‘Targeted Budget Management (TBM) Revenue Outturn 2007-2008’, as a stall holder at the Open Market.

     

    1B      Exclusion of Press and Public

     

    1b.2    The Cabinet considered whether the press and public should be excluded from the meeting during the consideration of any items contained in the agenda, having regard to the nature of the business to be transacted and the nature of the proceedings and the likelihood as to whether, if members of the press and public were present, there would be disclosure to them of confidential or exempt information as defined in Schedule 12A, Part 5A, Section 100A(4) or 100 1 of the Local Government Act 1972 (as amended).

     

    1b.3   RESOLVED - That the press and public be not excluded from the meeting.

     

2.

Cabinet Member's Communications

    Minutes:

    2.1     The Chairman informed the Cabinet that it had been hoped to have had information regarding the funding of developments at Black Rock available for the meeting. This had not proved to be possible. A report on the issue would therefore be bought to the Cabinet in July.

3.

Terms of Reference pdf icon PDF 53 KB

    Minutes:

    3.1     The Cabinet considered a report of the Director of Strategy & Governance concerning the Terms of Reference of the Cabinet (for copy see minute book).

     

    3.2     RESOLVED – That the report be noted.

4.

Minutes of the Meeting of Policy & Resources 3 April 2008 pdf icon PDF 160 KB

    To note the minutes of the Policy & Resources Meeting 3 April 2008

    Minutes:

    4.1     RESOLVED – That the minutes of the Policy & Resources Meeting as held on 3rd April 2008 be noted.

     

5.

Items reserved for discussion

    (a)  Items reserved by the Cabinet Member

     

    (b)  Items reserved by the Opposition Spokesperson

     

    (c)   Items reserved by Members, with the agreement of the Cabinet Member.

     

    Minutes:

    5.1     In response to a question from Councillor Mitchell about the process for dealing with Notices of Motion moved under the previous constitutional arrangements officers explained that any motion requiring a substantive decision had to be referred to the Cabinet or the relevant Cabinet Member Meeting.

     

    5.2     The motion about Bottled Water in particular asked for determination of a specific point and though it had been debated at Council and determined in part, there remained some outstanding issues that required consideration by the Cabinet.

     

    5.3     RESOLVED – All items were reserved for discussion by the Chairman.

6.

Public Questions

    No public questions have been received.

     

    Minutes:

    6.1     There were none.

7.

Written Questions from Councillors

    No written questions have been received.

    Minutes:

    7.1     There were none.

8.

Petitions pdf icon PDF 53 KB

    No petitions have been received.

     

    Minutes:

    8.1     The Cabinet considered a petition as presented at Council on 13 March 2008 by Councillor Mitchell.

    ‘We the undersigned fully support the need to have some designated dog-free beaches as currently in place. We are for fair access to the beaches for all and oppose an all out ban on dogs on the beaches between April and September. We are for a crack down on fouling. We are against unnecessary dog restrictions on the promenade, the undercliff walk and at Hollingbury & Waterhall golf courses.’

     

    8.2     RESOLVED – That the petition be noted and considered during deliberation of Item 20 on the agenda (‘Dog Control Order’).

     

    8.3     Councillor Duncan presented the following petition signed by 121 people concerning a development at the junction of Down Terrace and St. Luke’s Road (planning ref: Bh/2002/0225.rm).

     

    ‘The building layout at this site, as currently proposed by the BHCC Planning Department, shows little or no regard for the welfare of its nearest affected neighbours; nor of the established pattern of house building at the majority of existing road junctions in this area. Particularly badly affected will be the occupants of X St. Luke’s Road (two of whom have disabilities) and whose home this development will be joined onto, causing great disturbance. They will also lose at least 50% of natural light to the back windows preventing them from continuing to work at home and will incur other financial penalties as a result. This is the last thing they want. Also light to the other nearest neighbours will be variously compromised.

     

    However: Should the new house face Down Terrace, instead of St. Luke’s road, the other option. None of these problems would arise.’

     

    8.4     RESOLVED That the petition be noted and referred to Planning Committeefor consideration.

     

    8.5     Councillor Kitcat presented the following petition signed by 630 people concerning Governments’ proposed introduction of I.D cards.

     

    ‘We, the undersigned residents of Brighton & Hove, petition the Council to immediately condemn the Government’s Identity Cards scheme and the associated National Identity Register, we also petition the government to abandon the scheme.

     

    We believe the Government’s proposals constitute and attack on individual rights and freedoms. Given that over 80% of citizen contact with government occurs through local authorities, we believe that, it is important for the council to oppose the ID card scheme.

     

    Given that the costs of implementing the scheme must be borne by local authorities, we believe that, were the council to buy into the scheme, rises on council tax to cuts to services would be inevitable.

     

    We believe that the scheme relies heavily on unproven technology, and that it is unlikely to work.

     

    We believe that the scheme will deliver little or no tangible benefit and will lead to an endemic loss of privacy and freedoms.

     

    We believe that the scheme will present particular dangers to marginalised, disenfranchised and disadvantaged people.

     

    For these reasons, we urge the council not to buy into or cooperate with the scheme, to state its opposition publicly, and make its opposition known to the Home Secretary.

     

    8.6     RESOLVED – That the petition be noted and taken into consideration during Item 11 (iv), (‘Notice of Motion concerning Identity Cards’)

9.

Deputations pdf icon PDF 70 KB

    To receive the attached deputation presented at Council on the 13 March 2008 by Mr. Karl Lester.

    Minutes:

    9.1     The Chairman reported that a Deputation had been received at Council on the 13 March and was referred to the Cabinet for consideration. She noted that the Deputation concerned the exercising of dogs in public spaces. As the mover of the deputation was not present at the meeting the Cabinet took the deputation as read.

     

    9.2     RESOLVED – That the deputation be noted and considered when determining Item 20 on the agenda (‘Dog Control Order’).

10.

Letters from Councillors

    No letters have been received.

     

    Minutes:

    10.1   There were none.

11.

Notices of Motions referred from Council pdf icon PDF 93 KB

    (i) To consider a Notice of Motion concerning the Promotion of Responsible Dog Ownership, proposed by Councillor Duncan and referred from the Council meeting held on the 13 March 2008 under procedural rule 8.2 (copy attached). 

     

    (ii) To consider a Notice of Motion concerning Bottled Water, proposed by Councillor Morgan and referred from the Council meeting held on the 13 March 2008 under procedural rule 8.2 (copy attached).

     

    (iii) To consider a Notice of Motion concerning free speech and the Older People’s Council, proposed by Councillor Randall and referred from the Council meeting held on the 24April 2008 under procedural rule 8.2 (copy attached).

     

    (iv) To consider a Notice of Motion concerning Identity Cards, proposed by Councillor Kitcat and referred from the Council meeting held on the 24April 2008 under procedural rule 8.2 (copy attached).

     

     

     

    Minutes:

    11.1    The Cabinet considered the following Notice of Motion submitted to Council on 13 March 2008 by Councillors Duncan and Davey.

     

    ‘This Council recognises the social and health benefits of responsible dog ownership, the harm caused by irresponsible dog owners failing to clean up after or control their animals, and expresses its support for preserving open access to public areas including (but not limited to) beaches and golf courses for dog owners acting responsibly.

     

    This Council notes that:

     

    ·       Dogs play an essential role in improving health, welfare and quality of life for many thousands of residents of and visitors to the city

     

    ·       Proposals to ban dog walking on outlying beaches and open spaces in the city will effectively ban dog owners from accessing such spaces, since many such residents’ only use of these facilities is during their daily walking of the dog

     

    ·       Dog owners and walkers who fail to control their companion animals or clean-up after them are endangering the health and welfare of others. This is contrary to both national legislation and local bye-laws and should not be tolerated

     

    Any extension of the current ban on dogs on beaches between the two piers could force visitors to the city to leave their pets in vehicles with probable adverse consequences on the welfare of the animals concerned.

     

    This Council therefore

     

    ·       Expresses its opposition to proposals to extend the current summer ban on dogs between the two piers to all beaches within the city limits and require dogs to be on leads on other open spaces including Hollingbury Golf Course

     

    ·       Resolves to take firm action against irresponsible owners who do not clean up after their dogs or control them properly in public places

     

    ·       Supports the sentiment in the petition organized by local campaign group ‘It’s Barking Mad’, the text of which follows, and which has been signed (as at Monday, March 3) by 576 people including a Member of the European Parliament, one of the city’s Members of Parliament, three Prospective Parliamentary Candidates and 20 members of this council.

     

    “We fully support the need to have some designated dog-free beaches as currently in place. We are for fair access to the beaches for all and oppose an all out ban on dogs on the beaches between April and September. We are for a crack down on fouling. We are against unnecessary dog restrictions on the promenade, the Undercliff Walk and at Hollingbury & Waterhall golf courses.”

     

    11.2    The Chairman invited Councillor Duncan to speak to the motion.

     

    11.3   Councillor Duncan addressed the Cabinet on the substantive points of the motion.

     

    11.4    RESOLVED –(1) That the Notice of Motion be noted and

     

    (2) that the Notice of Motion be considered when determining Item 20 on the agenda (‘Dog Control Order’). (2) that the Notice of Motion be considered when determining Item 20 on the agenda (‘Dog Control Order’).

     

    11.5    The Cabinet considered the following Notice of Motion submitted to Council on 13 March 2008 by Councillors Morgan and Mitchell. An amended version of the Notice of Motion was tabled at the meeting reflecting the amendments moved by the Green Party and adopted at Council on 13 March 2008.

     

    “This council notes that the majority of restaurants in Brighton and Hove serve bottled mineral water, and that while most will provide tap water on request, some do not.

     

    Tap water is of very good quality, up to 500 times cheaper than bottled water and emits around 300 times less CO2 in processing than bottled alternatives. A glass of tap water has a carbon footprint of 0.3g of CO2, a bottle of mineral water gas a carbon footprint of up to 185g of CO2.  Much of the bottled water we drink is shipped in from overseas, and shipping has been shown to have emissions greater even than airfreight. The use of bottled water too often contributes to landfill where glass and plastic bottles used to provide the water are not recycled. In many organisations, including the council, disposable plastic cups are often used to serve the water, and these are also frequently not recycled.

     

    This council notes the “London On Tap” campaign run by Thames Water and the Mayor of London, and the competition to design reusable carafes for use in restaurants across the capital, and resolves to consider a similar initiative.

     

    This council resolves to encourage restaurants, cafés and hotels in the city to provide tap water on request or as a matter of course, and to encourage the use of reusable carafes which encourage people to opt for the cheaper and more sustainable alternative to bottled water.

     

    This Council asks that the relevant committee considers whether bottled mineral water and disposable plastic cups should continue to be provided within the city council and whether instead to provide tap water served in reusable glasses to councillors, staff and visitors, and also to consider a review of the use of water coolers to ensure that water used is as far as possible locally sourced and sustainable.”

     

    11.6    The Chairman invited Councillor Morgan to speak to the motion.

     

    11.7    Councillor Morgan addressed the Cabinet on the substantive points of the motion.

     

    11.8    RESOLVED –(1) That the Notice of Motion be noted and

     

    (2) that Cabinet would determine the provision of water when the current contract expired.

     

    11.9    The Cabinet considered the following Notice of Motion submitted to Council on 24 April 2008 by Councillors Randall and Duncan.

     

    This council applauds the excellent work of the Brighton and Hove Older People’s Council (OPC).

     

    It also notes the all-party support for local democracy expressed recently and often in the debate on the introduction of the cabinet system in Brighton and Hove.

     

    In the spirit of this commonly expressed belief:

     

    The council resolves to work with the Brighton and Hove Older People’s Council to remove the clause from the OPC constitution that threatens with suspension any member who:

     

    ‘Speaks or publishes any written work with the attention of affecting public support for a political party’ or ‘canvasses in the interests of any political party with the exception of delivering political party leaflets.’

     

    11.10  The Chairman invited Councillor Randall to speak to the motion.

     

    11.11    Councillor Randall addressed the Cabinet on the substantive points of the motion.

     

    11.12  RESOLVED –(1) That the Notice of Motion be noted and

     

    (2) that discussions with the Older Peoples Council be held as to their ability to determine their own terms of reference.

     

    11.13  The Cabinet considered the following Notice of Motion submitted to Council on 24 April 2008 by Councillors Kitcat and Randall.

     

    This council notes that the Home Secretary has announced that some foreign nationals will begin carrying ID Cards in November 2008 with some UK citizens to start receiving the cards in 2009. The introduction of these cards will have an effect upon all of the people of Brighton & Hove. This council believes that:

     

    1. The disadvantages of such a scheme will outweigh any likely benefits to the people of Brighton & Hove;

     

    2. The scheme will do little, if anything, to prevent terrorism, crime or fraud;

     

    3. The national database that underpins the identity card scheme may facilitate criminal fraud, terrorism and potential state abuses of human rights;

     

    4. The ID card and database proposals are likely to fundamentally alter the relationship between the state and the individual.  According to Government estimates, the cost of the scheme will reach £5.5 billion, with independent commentators predicting substantially higher costs.  Brighton & Hove residents will be required to pay an estimated £30 for a stand-alone ID card or £93 for a passport and ID card together.

     

    5. The city's share of the scheme's £5.5 billion cost over ten years would amount to approximately £24 million equivalent to 40 additional police officers on our streets for the next ten years.

     

    This council resolves to:

     

    1. Affiliate to the 'No2ID' campaign, which already includes MPs and several political parties;

     

    2. Make representations at every possible stage, reiterating this council's opposition to ID cards;

     

    3. Take no part in any pilot scheme or feasibility work in relation to the introduction of national identity cards;

     

    4. Make it a policy of the council to ensure that national identity cards would not be required to access council services or benefits unless specifically required to do so by law;

     

    5. Only co-operate with the national identity cards scheme where to do otherwise would be unlawful;

     

    6. Instruct the Chief Executive to write to the Home Secretary expressing these views and asking her to reconsider her decision to push forward with this scheme

     

    11.14  The Chairman invited Councillor Kitcat to speak to the motion.

     

    11.15  Councillor Kitcat addressed the Cabinet on the substantive points of the motion.

     

    11.16  In reaching their decision the Cabinet also considered the petition as presented by Councillor Kitcat at item 8.5.

     

    11.17  RESOLVED –(1) That the Notice of Motion be noted.

     

    (2) That the principle of the motion be recognised and that relevant intervention be undertaken as and when Government begin formal consultation or initiation of the project.

12.

Matters referred for reconsideration

    No matters have been referred.

    Minutes:

    12.1   There were none.

13.

Reports from Overview & Scrutiny Committees

    No reports have been received.

    Minutes:

    13.1   There were no formal reports, though the Cabinet did take note of a supplementary report advising of the recommendations of the Overview and Scrutiny Committee of 3 June in respect of some minor amendments to the Corporate Plan (Item 16).

     

14.

Targeted Budget Management (TBM) Revenue Outturn 2007/2008 pdf icon PDF 206 KB

    Decision:

    1.     That the provisional outturn for the General Fund, Section 75 (S75) Partnerships and Housing Revenue Account for 2007/08 and the impact on reserves and balances be noted.

     

    2.     That the contribution of £0.500 million to the Single Status reserve and the creation of a Car Parks Maintenance reserve of £0.400 million be agreed.

     

    3.     That the changes to the 2008/09 budget allocations as set out in paragraph 3.6 of the report and the use of unallocated general reserves as set out in paragraph 3.5 of the report be agreed.

     

    4.     That the carry forward of £0.799 million to 2008/09 relating to the Older People Mental Health Services S75 pooled budget, managed by Sussex Partnership Trust be agreed, subject to Joint Commissioning Board approval at their meeting on 16th June 2008.

     

    5.     That an additional contribution from the General Fund to the S75 Partnership pooled budget to meet the shortfall of £0.199 million against the Integrated Community Equipment Services S75 pooled budget managed by South Downs Health Trust be agreed.

     

    6.     That the proposed distribution of the unallocated Local Authority Business Growth Incentive Scheme (LABGI) funding as set out in Appendix 2 of the report be agreed.

    Minutes:

    14.1   The Cabinet considered a report of the Director of Finance & Resources concerning the revenue outturn for 2007/08 for the General Fund, Section 75 Partnerships and Housing Revenue Account (HRA) as at the 31 March 2008 (for copy see minute book).

    14.2   In response to questions from Councillor Mitchell, Councillor Caulfield explained that details regarding the expenditure of the Housing Revenue Account and proposals regarding the Decent Homes Standard would be reported to the Housing Cabinet Member meeting in July.

     

    14.3   RESOLVED – Having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1) That the provisional outturn for the General Fund, Section 75 (S75) Partnerships and Housing Revenue Account for 2007/08 and the impact on reserves and balances be noted.

     

    (2) That the contribution of £0.500 million to the Single Status reserve and the creation of a Car Parks Maintenance reserve of £0.400 million be agreed.

     

    (3) That the changes to the 2008/09 budget allocations as set out in paragraph 3.6 of the report and the use of unallocated general reserves as set out in paragraph 3.5 of the report be agreed.

     

    (4) That the carry forward of £0.799 million to 2008/09 relating to the Older People Mental Health Services S75 pooled budget, managed by Sussex Partnership Trust be agreed, subject to Joint Commissioning Board approval at their meeting on 16th June 2008.

     

    (5) That an additional contribution from the General Fund to the S75 Partnership pooled budget to meet the shortfall of £0.199 million against the Integrated Community Equipment Services S75 pooled budget managed by South Downs Health Trust be agreed.

     

    (6) That the proposed distribution of the unallocated Local Authority Business Growth Incentive Scheme (LABGI) funding as set out in Appendix 2 of the report be agreed.

     

                                                                                                    NOTE: Having declared a personal and prejudicial interest in the matter Councillor Mears withdrew from the meeting and took no part in the discussion or decision thereon.

                                                                                                    In the absence of the Chairman, Councillor Mears, Councillor Brown chaired the meeting during consideration of the item.

15.

Targeted Budget Management (TBM) Capital Outturn 2007/08 pdf icon PDF 173 KB

    Decision:

    1.     That the changes to the capital budget, as set out in Appendix 1 of the report be approved.

     

    2.     That it be noted that the programme slipped by 3.48%, as set out in paragraph 3.3 of the report.

     

    3.     That the carrying forward of 2007/08 slippage (£1.407 million) into the 2008/09 capital programme, to meet on-going commitments on these schemes, be approved.

    Minutes:

    15.1    The Cabinet considered a report of the Director of Finance & Resources concerning the revenue the capital outturn for 2007/08; it also offered information regarding programme slippage, budget changes and sought approval for carry forward to the 2008/09 programme (for copy see minute book).

     

    15.2    In response to questions from Councillor Mitchell, Councillor Theobald reported that repairs to the Bandstand would not jeopardise current budget projections.

     

    15.3    RESOLVEDHaving considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1) That the changes to the capital budget, as set out in Appendix 1 of the report be approved.

     

    (2) That it be noted that the programme slipped by 3.48%, as set out in paragraph 3.3 of the report.

     

    (3) That the carrying forward of 2007/08 slippage (£1.407 million) into the 2008/09 capital programme, to meet on-going commitments on these schemes, be approved.

16.

Corporate Plan and Medium Term Financial Strategy

    Additional documents:

    Decision:

    1.     That the Corporate Plan, as amended below by the Overview and Scrutiny Committee be forwarded to Council for approval:

    A. Add reference to support for city car clubs in 1.2 (p. 9)

    Proposed amendment: Add new action bullet point reading “support the roll-out of car club cars across the City”.

     

    B. Clarify third action bullet in 1.3 (p. 11)

    Proposed amendment: Change bullet to read “Work with local businesses and others to ensure that workers have the skills they need.”

     

    C. Add reference to work on private rented sector housing in 1.5 (p. 15)

    Proposed amendment: New action bullet reading “Maintain our high level of performance in reducing the number of empty private sector homes in the city.”

     

    D. Add reference to supported housing in 1.5 (p.15)

    Proposed amendment: New action bullet reading “Provide financial assistance and support to householders and landlords to enable more vulnerable owner-occupiers and private tenants to live in decent homes.”

     

    E. Add reference to improving energy efficiency of housing stock in 1.5 (p. 15)

    Proposed amendment: New action bullet reading “Improve the energy efficiency of the city’s housing stock across all tenures, and reduce the number of people on low incomes living in homes with a low energy efficiency rating.”

     

    F. Describe the action being taken to deliver the commitment on drug users in 3.3 (p. 34)

     

    Proposed amendment: New action bullet reading: “Bring the drug treatment system in line with new and emerging best practice, training staff better and providing a high-quality, stable service.”

     

    G. Add reference to health benefits of environmental health enforcement work in 3.3 (p. 34)

    Proposed amendment: New action bullet reading: “Improve public health by improving the health and safety of workplaces, the fitness of food sold, and the quality of the city’s air.”

     

    H. Add specific action bullet on NEET in 3.4 (p. 35)

    Proposed amendment: New action bullet reading: “Expand the breadth of the curriculum offer to take into account the needs of all young people and increase the number of in-year enrolment opportunities to encourage those not in education to re-engage.

    Minutes:

    16.1    The Cabinet considered a joint report of the Director of Strategy & Governance and Director of Finance & Resources concerning the draft Corporate Plan (for copy see minute book).

     

    16.2    The Chairman noted that the Overview and Scrutiny Commission had considered the report at their meeting on the 3 June and had offered some recommendations. A supplementary report detailing these proposals was tabled (Item 16a) and the Chairman stated that she was happy to accept the recommendations.

     

    16.3    Councillor Mitchell requested to move seven minor additional amendments on behalf of the Labour Group. The Chairman advised that these additional amendments would better be considered at Council and requested that they be provided in written form.

     

    16.4    Councillor Mitchell accepted the advice and stated that she would prepare a document for Council.

     

    16.5    RESOLVED - Having considered the information and the reasons set out in the report, the Cabinet approved the Corporate Plan, as amended below with the inclusion of the recommendations from the Overview and Scrutiny Commission and that it be referred to Council for approval.

     

    A. Add reference to support for city car clubs in 1.2 (p. 9)

     

    Proposed amendment: Add new action bullet point reading “support the roll-out of car club cars across the City”.

     

    B. Clarify third action bullet in 1.3 (p. 11)

     

    Proposed amendment: Change bullet to read “Work with local businesses and others to ensure that workers have the skills they need.”

     

    C. Add reference to work on private rented sector housing in 1.5 (p. 15)

     

    Proposed amendment: New action bullet reading “Maintain our high level of performance in reducing the number of empty private sector homes in the city.”

     

    D. Add reference to supported housing in 1.5 (p.15)

     

    Proposed amendment: New action bullet reading “Provide financial assistance and support to householders and landlords to enable more vulnerable owner-occupiers and private tenants to live in decent homes.”

     

    E. Add reference to improving energy efficiency of housing stock in 1.5 (p. 15)

     

    Proposed amendment: New action bullet reading “Improve the energy efficiency of the city’s housing stock across all tenures, and reduce the number of people on low incomes living in homes with a low energy efficiency rating.

    F. Describe the action being taken to deliver the commitment on drug users in 3.3 (p. 34)

     

    Proposed amendment: New action bullet reading: “Bring the drug treatment system in line with new and emerging best practice, training staff better and providing a high-quality, stable service.”

     

    G. Add reference to health benefits of environmental health enforcement work in 3.3 (p. 34)

     

    Proposed amendment: New action bullet reading: “Improve public health by improving the health and safety of workplaces, the fitness of food sold, and the quality of the city’s air.”

     

    H. Add specific action bullet on NEET in 3.4 (p. 35)

     

    Proposed amendment: New action bullet reading: “Expand the breadth of the curriculum offer to take into account the needs of all young people and increase the number of in-year enrolment opportunities to encourage those not in education to re-engage.

17.

Local Area Agreements (LAA)

    Additional documents:

    Decision:

    1.     To recommend to Council the Local Area Agreement for approval.

     

    2.     That it be noted that the Local Area Agreement would be reviewed in January 2009, when targets still outstanding would be determined, and other targets and indicators removed or amended.

     

    3.     That it be noted that cross-partner delivery plans for all national indicators in the LAA were being determined and would be reported and monitored to the Public Sector Board and Local Strategic Partnership in due course.

    Minutes:

    17.1    The Cabinet considered a report of the Director of Strategy & Governance proposing the final version of the Local Area Agreement (LAA) for Brighton & Hove, covering the period 1 April 2008 to 31 March 2011 (for copy see minute book).

     

    17.2    Members wished to record their appreciation of the work that officers had put into the preparation of the report.

     

    17.3    Councillor Mitchell stated that she had welcomed the opportunity for the Labour Group to contribute to the draft.

     

    17.4    In his role as Vice-Chair of the Sussex Fire Authority, Councillor Kemble welcomed the reduction of incidents of arson.

     

    17.5    RESOLVED – Having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

    (1) To recommend to Council the Local Area Agreement for approval.

    (2) That it be noted that the Local Area Agreement would be reviewed in January 2009, when targets still outstanding would be determined, and other targets and indicators removed or amended.

    (3) That it be noted that cross-partner delivery plans for all national indicators in the LAA were being determined and would be reported and monitored to the Public Sector Board and Local Strategic Partnership in due course.

18.

Local Development Framework Core Strategy - Revised Preferred Options

    Additional documents:

    Decision:

    1.     That the nature of the representations made to the original Core Strategy Preferred Options document (appendix 2 of the report) be noted.

     

    2.     That the officer responses and recommendations to the representations set out in the schedule attached to the Statement of Consultation placed in the Members’ rooms be approved.

     

    3.     That the Revised Core Strategy and supporting documents for the purposes of a minimum six week period of public consultation, subject to any minor editorial changes agreed by the Cabinet Member for Environment in consultation with the Director of Environment be approved; and

     

    4.     That it be noted that the final version of the Core Strategy would be brought back to the Cabinet and Council in January 2009 for approval for submission to the Secretary of State following a final formal period of consultation to take place during February and March 2009 (the exact procedure would be subject to the publication of The Town and Country Planning (Local Development) (England) (Amendment) Regulations anticipated May/June 2008.

    Minutes:

    18.1    The Cabinet considered a report of the Director of Environment seeking approval of the Core Strategy Revised Preferred Options Document (‘the Revised Core Strategy’), part of Brighton & Hove’s Local Development Framework (for copy see minute book).

     

    18.2    The Chairman noted a typographical error in recommendation 2 (4). Reference to January 2008 should read January 2009.

     

    18.3    Councillor Mitchell questioned the views of the administration on the 40% provision of affordable housing. Members debated the issue with the Chairman concluding that 40% was the optimum target for provision of affordable houses.

     

    18.4    In response to questions from Councillor Mitchell about the development of car-free housing, Councillor Theobald commented that each development would be considered individually and that a blanket policy would not be appropriate.

     

    18.5    RESOLVEDHaving considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1) That the nature of the representations made to the original Core Strategy Preferred Options document (appendix 2 of the report) be noted.

     

    (2) That the officer responses and recommendations to the representations set out in the schedule attached to the Statement of Consultation placed in the Members’ rooms be approved.

     

    (3) That the Revised Core Strategy and supporting documents for the purposes of a minimum six week period of public consultation, subject to any minor editorial changes agreed by the Cabinet Member for Environment in consultation with the Director of Environment be approved; and

     

    (4) That it be noted that the final version of the Core Strategy would be brought back to the Cabinet and Council in January 2009 for approval for submission to the Secretary of State following a final formal period of consultation to take place during February and March 2009 (the exact procedure would be subject to the publication of The Town and Country Planning (Local Development) (England) (Amendment) Regulations anticipated May/June 2008.

19.

Local Development Framework Core Strategy – Background Studies

    Additional documents:

    Decision:

    1.     That the six completed background studies and four interim background studies as supporting evidence for the revised preferred options Core Strategy, part of the Local Development Framework be approved.

     

    2.     That it be noted that the final versions of those four studies currently at the interim stage would be brought back to the Cabinet in November 2008.

    Minutes:

    19.1    The Cabinet considered a report of the Director of Environment seeking approval of six background studies and four interim background studies contributing to the evidence base for the revised preferred options Core Strategy, part of the Local Development Framework (for copy see minute book).

     

    19.2    RESOLVEDHaving considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1) That the six completed background studies and four interim background studies as supporting evidence for the revised preferred options Core Strategy, part of the Local Development Framework be approved.

     

    (2) That it be noted that the final versions of those four studies currently at the interim stage would be brought back to the Cabinet in November 2008.

20.

Dog Control Orders

    Additional documents:

    Decision:

    1.     That the making of an order pursuant to Section 55 of the Clean Neighbourhoods and Environment Act 2005 providing for offences relating to the control of dogs in respect of land within Brighton & Hove be agreed. The Dog Control Order shall relate to:-

     

    (a)  the removal of dog faeces,

    (b)  for keeping of dogs on leads

    (c)  the exclusion of dogs.

     

     in respect of land  specified in appendix 3.

     

    2.     That the level of fixed penalty for contravening a dog control order be set at £80.00.

     

    3.     That the commencement of the Dog Control Order from Midnight 31st December 2008 be approved.

    Minutes:

    20.1    The Cabinet considered a report of the Director of Environment detailing proposals to replace current bylaws relating to dogs and the Dogs (Fouling of the Land) Act 1996, with a Dog Control Order. The replacement of the current bylaws with Dog Control Orders was designated under the Clean Neighbourhoods and Environment Act 2005 Sections 55 and 56 (for copy see minute book).

     

    20.2    The Cabinet also took into consideration the petition, Notice of Motion and Deputation as above, when considering the issue.

     

    20.3    RESOLVED   Having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1) That the making of an order pursuant to Section 55 of the Clean Neighbourhoods and Environment Act 2005 providing for offences relating to the control of dogs in respect of land within Brighton & Hove be agreed. The Dog Control Order shall relate to:-

     

    (a)  the removal of dog faeces,

    (b)  for keeping of dogs on leads

    (c)  the exclusion of dogs.

     

     in respect of land  specified in appendix 3.

     

    (2) That the level of fixed penalty for contravening a dog control order be set at £80.00

     

    (3)  That the commencement of the Dog Control Order from Midnight 31st December 2008 be approved.

21.

City College Brighton and Hove – Falmer Site Planning Strategy Framework

    Additional documents:

    Decision:

    1.     That “in principle” support to the draft Planning Strategy Framework (Appendix 1 to the report) be agreed as a document that will

     

    a) Assist the college in its submission for funding to the Learning & Skills Council in respect of realising its objectives to provide new and improved Further Education facilities for Brighton & Hove;

     

    b) Provide a framework that will assist future discussions between the council and the college in respect of the proposed additional development at the Community Stadium,

     

    c) Feed into a long-term property strategy that will deliver study skills centres in the East and West of the city, including accessible adult education facilities in Hove.

    Minutes:

    21.1    The Cabinet considered a report of the Director of Environment and Acting Director of Cultural Service that sought approval for a Planning Strategy Framework for proposals from City College Brighton and Hove for a new facility next to and within the Community Stadium at Falmer (for copy see minute book).

     

    21.2    RESOLVED - Having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1) That “in principle” support to the draft Planning Strategy Framework (Appendix 1 to the report) be agreed as a document that will

     

    a) Assist the college in its submission for funding to the Learning & Skills Council in respect of realising its objectives to provide new and improved Further Education facilities for Brighton & Hove;

     

    b) Provide a framework that will assist future discussions between the council and the college in respect of the proposed additional development at the Community Stadium,

     

    c) Feed into a long-term property strategy that will deliver study skills centres in the East and West of the city, including accessible adult education facilities in Hove.

22.

Confirmation of Executive Appointments (including appointments to outside bodies) pdf icon PDF 73 KB

    Decision:

    1.     That the appointment of 9 Cabinet Members as detailed in paragraph 3.2 of the report be noted,

     

    2.     That the various appointments of councillors to the bodies listed in paragraph 3.3 of the report be confirmed.

    Minutes:

    22.1    The Cabinet considered a report of the Director of Strategy & Governance that set out the nine Cabinet Members and their portfolios that the Leader had notified the Chief Executive of as having been appointed by her on the 15th May 2008 (for copy see minute book).

     

    22.2    RESOLVED – Having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    (1) That the appointment of 9 Cabinet Members as detailed in paragraph 3.2 of the report be noted,

     

    (2) That the various appointments of councillors to the bodies listed in paragraph 3.3 of the report be confirmed.

23.

Affiliations (2008/09) pdf icon PDF 82 KB

    Decision:

    1.     That affiliation to the bodies listed below during 2008/09 be agreed;

     

    a)    The Local Government Association

    b)    The South East England Regional Assembly

    c)     The United Nations Association

    Minutes:

    23.1    The Cabinet considered a report of the Director of Strategy & Governance that set out the bodies to which council has previously affiliated to on a corporate basis and sought a decision as to whether to continue with these affiliations (for copy see minute book).

     

    23.2    RESOLVED - Having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

     

    1) That affiliation to the bodies listed below during 2008/09 be agreed;

     

    a)    The Local Government Association

    b)    The South East England Regional Assembly

    c)     The United Nations Association

24.

Part Two Items

    Minutes:

    24.1    There were none.

 


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