Agenda and minutes

Members of the committee should declare any interests which fall under the following categories:

a)    disclosable pecuniary interests (DPI);

b)    other significant interests (OSI);

c)    voluntary announcements of other interests.

Councillors Rolfe, Gane and Mullard declared a disclosable pecuniary interest with regard to Agenda item 4 (Proposed changes to the O & S Committee) as they are Directors of Oportunitas Ltd.  Dispensations have been applied. 

Councillor Patricia Rolfe made a voluntary announcement with regard to Agenda item 5 (Play Strategy) as she is a member of New Romney Town Council. 

Councillors Peter Gane and Michelle Keutenius each made a voluntary announcement with regard to Agenda item 5 as they are members of Folkestone Town Council.

Councillor Gary Fuller made a voluntary announcement with regard to Agenda item 5 as he is a member of Sandgate Parish Council. 

Councillor Miss Susan Carey made a voluntary announcement with regard to Agenda item 6 (CIL Governance Framework) as she is a member of Kent County Council. 

All councillors took part in discussions and affirmations for the duration of the meeting. 

To consider and approve, as a correct record, the minutes of the meeting held on 18 February 2020.

The minutes of the meeting held on 18 February 2020 were agreed and approved.  The Chairman agreed that her electronic signature could be added to these minutes. 

Dr Susan Priest, Chief Executive, to give an overview of the proposed changes to this committee. 

Councillors Rebecca Shoob, Chairman of this committee, went through the points in the presentation.  She explained that in light of the current situation timeframes had changed and further training and briefings had been put on hold at the present time. 

Members were advised that further work and support would be arranged with the Centre for Public Scrutiny in helping them to refine skills needed in questioning, shaping and responding to topics brought forward.  It is vital that a clear methodology is used showing how and why topics are chosen. 

Members recognised that the Coronavirus pandemic has raised further topics for discussion and this may mean subsequent changes to what is currently listed on the potential Overview & Scrutiny work plan. 

Dr Susan Priest, Chief Executive, assured members that Ian Parry (from the Centre for Public Scrutiny), in attending the previous Governance Working Group, was fully aware of the decisions made so far and that the information provided in tonight’s presentation represented good practice. 

Generally, members felt this was a positive step forward, however keeping in mind that scrutiny of Cabinet decisions is also an important part of the committee’s functions.  Councillor Shoob reminded members that the ‘call in’ function should be seen as an important tool, to be used as circumstances dictated. 

Proposed by Councillor Rebecca Shoob

Seconded by Councillor Patricia Rolfe

RESOLVED:

To receive and note the presentation. 

The Chairman sought and received affirmation from all members present.     

Report No. C/19/48 considered the draft Play Area Strategy 2020-2030 as presented to Cabinet on 11/12/2019. The report detailed how high quality play areas will be provided and maintained throughout the District over the next ten years. Cabinet resolved:

1.    That report C/19/48 be received and noted

2.    That the suggestion of sites to be sold in respect of non-strategic play areas be removed

3.    That the principles of the draft Play Area Strategy 2020-2030 and associated action plan be approved

4.    To proceed to formal consultation

5.    That a report be brought back to Cabinet following formal consultation with a view to approving the Strategy from 1^st April 2020

These resolutions have been actioned with the formal consultation beginning 20/12/2019 and concluding on 31/01/2020. This report summarises the consultation responses and minor amendments to the strategy.

Report No. C/19/48considered the draft Play Area Strategy 2020-2030 as presented to Cabinet on 11/12/2019. The report detailed how high quality play areas will be provided and maintained throughout the District over the next ten years. Cabinet resolved:

1. That report C/19/48 be received and noted

2. That the suggestion of sites to be sold in respect of non-strategic play areas be removed

3. That the principles of the draft Play Area Strategy 2020-2030 and associated action plan be approved

4. To proceed to formal consultation

5. That a report be brought back to Cabinet following formal consultation with

a view to approving the Strategy from 1April 2020

These resolutions have been actioned with the formal consultation beginning 20/12/2019 and concluding on 31/01/2020. Report C/20/04 summarised the consultation responses and minor amendments to the strategy.

Mr Andy Blaszkowicz, Director – Housing and Operations, presented this report and advised members the consultation results have been published on the Council’s website.

Councillor Gane noted Densole Way LEAP will be adopted by Folkestone Town Council, this is incorrect and Mr Blaszkowicz is aware and will amend accordingly.  He also mentioned that any reference to Cheriton Park should read Cheriton Recreation Ground and that South Cheriton Action Group no longer exists. 

Councillor Mullard raised a query about the three play areas in St Mary in the Marsh, two of which are closed.  He mentioned a new housing development in the area and consideration be given to the regeneration of these closed areas.  Mr Blaszkowicz gave assurance that an officer would be in contact. 

Further points raised by members: 

• Dowry payments.  S106 monies will take precedence if they were available as they are larger sums. 
• Timescales; a suggestion for reviews every three years, however this strategy will be under constant review.  . 
• Consultation timings spanned over Christmas and New Year with a deadline at the end of January 2020 which seemed impractical.  Members had received comments from consultees that this time of the year is not ideal. 
• Play deprivation – this needs to be borne in mind in current situation. 
• Deprivation Indices used in report are from 2015 however 2019 figures are available. 
• The importance of green spaces especially at the present time, members asked if there is a guarantee that these would not be developed for housing in the future.  It was confirmed there are no plans for development at present and that this is not a focus for this strategy. 
• Parish and Town Councils are encouraged and empowered to provide facilities in their local area and are best placed to do this.
• Currently, transfers are taking place with Folkestone Town Council, Sandgate Parish Council, New Romney Town Council and conversations are taking place with Lydd Town Council.  Any other strategic play areas that are not adopted by Town or Parish Councils will be reviewed at a later date. 
• The Play Strategy is due to be approved by Cabinet shortly and notwithstanding the current situation work will continue on transfers. 
• The  ...  view the full minutes text for item 4.

Report OS/20/01 sets out the proposed CIL Governance Framework for thecommittee’s consideration

County Councillor Martin Whybrow has made a request to speak on this item. With the Chairman’s agreement he has been asked to submit a written note or pre-recorded video message to the committee. 

Report OS/20/01 set out the proposed CIL Governance Framework for the committee’s consideration.

Mr James Hammond, Strategic and Policy Senior Specialist, presented this report.  He also gave a presentation which is attached to these minutes. 

As planned two questions provided by Councillor Martin Whybrow were read out by Mr Hammond, after the Chairman had sought affirmation from members. 

The questions and answers are provided below: 

The first question related to (3.5, page 150 of the agenda pack) where the report stated: “the District Council is to prepare an IFS in conjunction with the County Council, and other stakeholders, the scheme prioritisation process for the allocation of CIL spend is to cross-reference the IFS once this document has been prepared and has been endorsed by the District Council”.

Question 1:  What will be the involvement of town and parish councils and elected county, district and town/parish councillors in helping to identify and prioritise schemes for allocation of CIL spend?

The CIL Governance Framework has been drafted to enable a balance of infrastructure to be provided across three broad scales in accordance with prevailing legislation:

1. Town and parish level infrastructure – through the 15-25% allocation of CIL revenue for the town/parish in which the development occurs;
2. District-scale infrastructure – projects that could benefit a number of towns and parishes in the district; and
3. County-level infrastructure within Folkestone & Hythe district – education, waste, transport and other infrastructure provided by Kent County Council within the district.

There is considerable freedom for Parish and Town Councils to spend their proportion of CIL on the things that address the impacts of development on their area.

It is the opinion of officers that the appropriate means of identifying and prioritising the spend of CIL receipts on infrastructure projects shall be through cross-reference to the IDP documents that have already been prepared, and through re-engagement with service providers as part of ongoing work to prepare the first IFS. The IFS document itself will be something of a ‘fact check’ exercise, but presents a real opportunity to set out in a clear and transparent manner the infrastructure that they have, and may be funding, through CIL and section 106 planning obligations.

Nonetheless, it will be important to ensure that town and parish councils and elected county, district and town/parish councillors are kept informed of the key infrastructure items to be captured within the IFS. In terms of opportunities for active participation/engagement in the consideration of what CIL funding could support in terms of local infrastructure needs, the production of a Town or Parish Infrastructure Delivery Plan (IDP) can be a useful starting point for local prioritisation (at the town or parish council level) of infrastructure projects. This is perhaps the best opportunity to allow local infrastructure requirements to be captured within future IFS documents, and which could include prioritisation of future CIL spend on some projects defined at the local scale. The key point is having evidence presented to demonstrate

Those town and parish councils that are in  ...  view the full minutes text for item 5.