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Agenda and draft minutes

Cabinet
Thursday 13 June 2019 7.00 pm

Venue: Room B12, Civic Centre, Home Gardens, Dartford, Kent, DA1 1DR

Contact: Email: memberservices@dartford.gov.uk 

Items
No. Item

1.

Apologies for Absence

Minutes:

Councillor Kite recorded his immense appreciation for the contribution made by Councillor Keith Kelly to the work of the Cabinet and welcomed two new members to the Cabinet, Councillors Steve Brown and Richard Wells.   

 

An apology for absence was submitted on behalf of Councillor Shippam.

2.

Declarations of Interest

To receive declarations of interest from Members including the terms(s) of the Grant of Dispensation (if any) by the Audit Board or Managing Director.

Minutes:

There were no declarations of interests.

3.

Confirmation of the Minutes of the Meeting of the Cabinet held on 11 April 2019 pdf icon PDF 54 KB

To agree the minutes of the Cabinet meeting held on 11 April 2019 as an accurate record.

Minutes:

RESOLVED:

 

That the minutes of the meeting of the Cabinet held on 11 April 2019 be confirmed as an accurate record.

 

4.

Urgent Items

The Chairman will announce his decision as to whether there are any urgent items and their position on the agenda.

Minutes:

There were no urgent items.

5.

To receive the minutes of the Cabinet Advisory Panel held on 10 June 2019

To follow

Minutes:

The Cabinet received the minutes of the meeting of Cabinet Advisory Panel B on 10 June 2019 and had regard to the Panel’s views throughout the meeting

6.

References from Committees

None at this stage.

Minutes:

There were no references from other committees.

7.

Land at Stone Lodge - Appropriation for Planning Purposes pdf icon PDF 137 KB

Summary:

 

To seek authority to:

 

(a)  an ‘in principle’ decision to appropriate the land at Stone Lodge for planning purposes;

 

(b)   advertise in a local newspaper, the Council’s intention to appropriate ‘open space land’ to another purpose; and

 

(c)  subject to the consideration of any representations received following the advertisement, to formalise the appropriation of the land.

 

Recommendations:

 

1.  That, for the reasons outlined in the body of the report, Cabinet agrees in principle that it is no longer necessary to hold the land at Stone Lodge (edged red on the plan at Appendix A to the report) for the purposes for which it is currently held (i.e. recreational purposes) and that it is therefore minded to exercise the Council’s statutory powers pursuant to sections 122(1) and (2A) of the Local Government Act 1972 to appropriate the land at Stone Lodge for planning purposes (within the meaning of section 246(1) of the Town and Country Planning Act 1990); and

 

2.  That the Managing Director be granted delegated authority to advertise the Council’s intention to appropriate ‘open space land’ at Stone Lodge to another purpose and that in the event of no objections being received, the Managing Director, in consultation with the Head of Legal Services, be authorised to take all necessary action to formalise the appropriation of the land at Stone Lodge for planning purposes.

Additional documents:

Minutes:

The Cabinet considered the Council’s proposed appropriation of land at Stone Lodge, Stone for planning purposes and the statutory processes to be applied, including the requirement to advertise the intention to appropriate ‘open space land’ to another purpose and the consideration of any objections. The report outlined the legal considerations, an assessment of the impacts to the various affected parties, an assessment of whether the appropriation was in the public interest and the benefits to the local community that would arise as a result.

 

The report informed Members of proposals for the 32ha site at Stone Lodge and explained that, since a number of individual homeowners now owned land previously in the hands of a single party, the Council intended to deploy section 203 of the Housing and Planning Act 2016 which provides that if a local authority appropriates land for planning purposes, this will override any restrictive covenants which affect the land.

 

As the land at Stone Lodge was held for open space purposes, the Council was legally required to advertise the appropriation of the open space land for planning purposes. Any objection to the appropriation would be reported to Cabinet. The use of appropriation powers needed to be justified by meeting a clear public interest test. Paragraphs 3.14 to 3.16 of the report detailed how the proposed development fell within the planning policy framework for the area and the steps taken to minimise the impacts of the development on neighbouring properties.

 

The Cabinet was being asked to take an ‘in principle’ decision to appropriate the land for planning purposes, to advertise the intention to appropriate in a local newspaper and then, subject to consideration of any representations received, to formalise the appropriation.

 

The Cabinet noted that the Cabinet Advisory Panel had endorsed the recommendations contained in the report.  

 

            RESOLVED:

 

1.   That, for the reasons outlined in the body of the report, Cabinet agrees in principle that it is no longer necessary to hold the land at Stone Lodge (edged red on the plan at Appendix A to the report) for the purposes for which it is currently held (i.e. recreational purposes) and that it is therefore minded to exercise the Council’s statutory powers pursuant to sections 122(1) and (2A) of the Local Government Act 1972 to appropriate the land at Stone Lodge for planning purposes (within the meaning of section 246(1) of the Town and Country Planning Act 1990); and

 

2.  That the Managing Director be granted delegated authority to advertise the Council’s intention to appropriate ‘open space land’ at Stone Lodge to another purpose and that in the event of no objections being received, the Managing Director, in consultation with the Head of Legal Services, be authorised to take all necessary action to formalise the appropriation of the land at Stone Lodge for planning purposes.

 

8.

Street Naming and Numbering - Eastern Quarry Phase 6B pdf icon PDF 59 KB

Summary:

 

To approve five new road names on Phase 6B at the Eastern Quarry development.

 

Recommendation:

 

That the Cabinet approves Betts, Boyce, Lancaster, Robins and Thomas as the five new road names on Phase 6B at the Eastern Quarry development.

 

 

Additional documents:

Minutes:

The Cabinet received a report which proposed names for five new roads on Phase 6B at the Eastern Quarry development to be Betts, Boyce, Lancaster, Robins and Thomas. The proposed names were historically linked to a local church and had been subject to consultation with Members, Emergency Services, Royal Mail and the developer. The names complied with the Council’s policy on Street Naming and suitable suffixes would be chosen once the final road names had been approved.

 

The Cabinet noted that the Cabinet Advisory Panel had endorsed the recommendations contained in the report.

 

            RESOLVED:

 

That the five new road names for Phase 6B at the Eastern Quarry development be approved as Betts, Boyce, Lancaster, Robins and Thomas.

 

9.

Dartford Home Energy Conservation Act 1995 - May 2019 Report pdf icon PDF 97 KB

Summary:

 

To consider the May 2019 report on progress made around Home Energy Efficiency and Fuel Poverty in Dartford.

 

Recommendation:

 

That the content of the May 2019 progress report attached at Appendix A to the report be noted.

Additional documents:

Minutes:

The Cabinet considered a report which outlined the revised version of the existing statutory guidance on the Home Energy Conservation Act 1995 (HECA) and met the obligation on the Council to publish a report detailing progress against the requirements of the Act at two yearly intervals. The May 2019 report, attached at Appendix A to the report, detailed progress made around Home Energy Efficiency and Fuel Poverty in the Borough and answered specific questions asked by the Government Department for Business, Energy and Industrial Strategy (BEIS). The report also outlined new actions and how the Council planned to measure progress along with recent changes around the Energy Company Obligation.

 

The Cabinet noted that the Cabinet Advisory Panel had endorsed the recommendations contained in the report.

 

            RESOLVED:

 

That the content of the May 2019 progress report on compliance with the Home Energy Conservation Act 1995, attached at Appendix A to the report, be noted.

 

10.

Corporate Plan Key Actions and Performance Indicators Report - 4th Quarter pdf icon PDF 55 KB

Summary:

 

To consider the Corporate Plan key actions and performance indicators for quarter 4 of 2018/19.

 

Recommendation:

 

That the contents of the key action and performance indicator monitoring reports attached at Appendices A and B to the report be noted.

Additional documents:

Minutes:

The Cabinet Advisory Panel considered a report which detailed the progress with the latest set of Corporate Plan key actions and performance indicators for quarter 4 of 2018/19. The Portfolio Holder for Arts and Culture sought clarification over when the Council might learn the outcome of the joint bid with Gravesham and the EDC for a major arts programme across the area and was advised that this was expected to take a couple of months. She also queried the large number of fixed penalty notices issued for litter and dog fouling and was advised that this was a cumulative total for the past 3 years; around 74% of these fines were paid without further action being necessary and the remainder were pursued through the courts. The level of recidivism was extremely low. An explanation was also provided on the meaning of ‘agile’ working.

 

The Cabinet noted that the Cabinet Advisory Panel had endorsed the recommendations contained in the report.

 

            RESOLVED:

 

That the contents of the key action and performance indicator monitoring reports, attached at Appendices A and B, to the report be noted.