Agenda

Cabinet - Thursday 26 May 2022 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

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 the Chief Officer & Director of Corporate Services.

3.

Confirmation of the Minutes of the Meeting of the Cabinet held on 21 April 2022 pdf icon PDF 96 KB

Summary:

 

To consider the minutes of the meeting of the Cabinet held on 21 April 2022.

 

Recommendation:

 

That the minutes of the meeting of the Cabinet held on 21 April 2022 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.

ITEMS FOR CONSIDERATION IN PUBLIC

5.

To receive the minutes of the Cabinet Advisory Panel held on 23 May 2022

To follow

6.

References from Committees

None at this stage.

A - Strategies, Policies, Key Decisions, Consultations

7.

Fleetdown United Football Club - Consultation on Open Space Disposal - Notice of Intention to Lease Land held for the Purposes of Public Open Space pdf icon PDF 136 KB

Summary:

 

To consider representations following a public consultation related to proposals for land at Heath Lane made by Trustees of the Fleetdown United Football Club and to determine accordingly.

 

Recommendations:

 

1. That Cabinet considers the representations made in relation to the Council’s notice of intention to dispose (through the grant of a further lease) of approximately 3.1 hectares of land at Heath Lane to Fleetdown United Football Club, and that Cabinet either:

(a)   confirms (through the grant of a further lease) the disposal of land at Heath Lane edged red and partly cross-hatched, on the plan at Appendix B to the report; or

(b)   not grant a further lease in relation to land at Heath Lane described in recommendation 1(a);

 

2. That Cabinet considers the representations, including the submission of a petition (as detailed in Appendix A to the report), made to the Council in relation to proposals by the Trustees of Fleetdown United Football Club to request landlord consent for the erection of a fence and that Cabinet either:

(c)  grants landlord consent for the erection of a fence to prevent access to the site on non-match days (subject to appropriate planning consent(s)); or

(d)  not grant landlord consent for the erection of the fence; and

 

3. That, should Cabinet be minded to approve the grant of a further lease of the Heath Lane open space land and/or the erection of a fence, authority be granted to the Director of Growth and Community, in consultation with the Head of Legal Services, to approve the heads of terms of the lease to the Trustees of the Fleetdown United Football Club.

 

Additional documents:

8.

Westgate and Former Co-Op Site Development pdf icon PDF 161 KB

Summary:

 

The Collaboration Agreement, to provide for the town centre development of the former Co-Op site, between the Council and Homes England ended on 15 April 2022. It is a condition precedent of the Agreement that, to enable the implementation of the development, viability shall be satisfied. Despite the endeavours of the parties this has not been possible and the final viability position is a deficit that would require a level of Council funding that cannot be supported.

Upon expiry of the Collaboration Agreement it is proposed that the Council will seek to acquire the former Co-op site from Homes England, subject to Contract, Valuation and negotiation to support best consideration. The Council would then take a Freehold interest which, along with the existing adjacent landholding, will allow it overall control to lead a regeneration plan to develop the site as a housing-led scheme of a quality and density which is appropriate to this key town centre site.

 

Recommendations:

 

1. That the Council agrees to the mutual termination of the Development Agreement with Muse;

2. That the Council approves a payment to Muse (to a maximum value as indicated in exempt Appendix A to the report) in respect of work undertaken by Muse under the Development Agreement from which it will no longer benefit.  The rights to appropriate surveys, designs, schedules, environmental assessments and studies will revert to the Council and inform future proposals; 

 

3. That the Council approves the acquisition of the Freehold Property interest in the former Co-op site development from Homes England (to a maximum value as indicated in exempt Appendix B) to enable the Council to secure and safeguard the asset for future regeneration of the town centre;

4.  That Cabinet recommends to the General Assembly of Council an increase in the capital programme budget to support the acquisition at recommendation 3; and

5. That the progression of the design and development of the project with associated costs be approved to a maximum value of £250,000 Ex VAT

9.

Community Infrastructure Levy - Unparished Areas of the Borough pdf icon PDF 168 KB

Summary:

 

This report sets out proposals for the use of CIL funding available to support the delivery of non-strategic infrastructure within the unparished areas of the Borough required to support growth arising from new development.

 

Recommendations:

 

1. That the governance principles for the management and decision making of CIL funding retained by the Council for the unparished areas of the Borough, as set out in paragraphs 5.1 to 5.2 and Appendix B of the report, be agreed;

 

2. That the Head of Planning Services be authorised to develop an initial delivery programme of projects for the unparished areas of the Borough, as set out in paragraphs 5.5 to 5.7 of the report, and that a further report to Cabinet in late summer/early autumn of 2022 be submitted for approval, to consult the local community on this programme;

 

3. That further work be undertaken regarding the issue of community capacity, as set out in paragraphs 5.3 to 5.4 of the report, with a further report to Cabinet in 2023, on the results of this work and the implications for the Council; and

 

4. That further work be undertaken to explore the possible opportunities for crowdfunding to support the allocation of CIL funding, as set out in paragraphs 6.1 to 6.3 of the report, with a further report to Cabinet on this matter later in 2022.

Additional documents:

10.

Draft Private Sector Renewal Strategy 2022-2025 pdf icon PDF 124 KB

Summary:

 

The draft Private Sector Housing Renewal Strategy 2022-2025 sets out how the Council aims to address the need for housing renewal in the Dartford Borough. The Strategy sets out the current position regarding the condition of the private sector housing stock and the need for improvements. It also sets out the types of assistance that will be made available by the Council for housing renewal and how this will be targeted.

 

Recommendation:

 

That the draft Private Sector Housing Renewal Strategy 2022-2025, attached at Appendix A to the report, be approved.

 

Additional documents:

11.

Draft Housing Recharge Policy pdf icon PDF 120 KB

Summary:

 

The draft Housing Recharge Policy 2022, attached at Appendix A to the report, sets out the items that existing and former tenants, leaseholders, and those who have received other financial assistance may be charged for.  The draft Policy also sets out the process of recharging in relation to repairs and maintenance that are the responsibility of the resident.

 

Recommendation:

 

That the draft Housing Recharge Policy, at Appendix A to the report, be approved.

Additional documents:

B - Non-Key Decisions, Monitoring Reports

12.

Land East of Lowfield Street Development - Redevelopment by Bellway (Thames Gateway) Phases 2 & 3 - Boundary Matters pdf icon PDF 102 KB

 

Summary:

 

To consider matters associated with the clarification of the positioning of the legal boundary between Central Park and the adjoining development site owned by Bellway Homes Limited and to also seek authority to grant Bellway Homes Limited, temporary access to Central Park to erect scaffolding and carry out necessary site works close to the boundary.

 

Recommendations:

 

 

1. That, as advised by the Council’s surveyor, Cabinet notes:

 

(a) the position of the boundary line edged green (adjoining Central Park), marked A – C - D, on the plan at Appendix A to the report;

(b)  that agreement has been reached with Bellway Homes Limited on  the legal boundary line (edged green);

 

2. That Cabinet consents to the submission of an application to the HM Land Registry, to record the agreement reached with Bellway Homes Limited on the clarified legal boundary line;

 

3. That, following the submission of an application to HM Land Registry, the Director of Growth & Community, in consultation with the Head of Legal Services, be authorised to deal with any requisitions raised by HM Land Registry; and

 

4. That, for the reasons detailed in para. 3.12 of the report, the Director of Growth & Community, in consultation with the Head of Legal Services, be authorised to grant a temporary licence to Bellway Homes Limited, for access to Dartford Central Park enable the erection of scaffolding and working space for the duration of its development works.

 

Additional documents:

13.

Proposal for the making of the Dartford Borough Council Public Spaces Protection Order 2022 - Nuisance Vehicles - Borough of Dartford following Public Consultation pdf icon PDF 127 KB

Summary:

 

This report follows the report to Cabinet on 24th February 2022 which sought authority to implement Part 4, Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 to make a Public Spaces Protection Order (PSPO), to supress the growing incidents of traffic offences and associated anti-social behaviour occurring principally due to nuisance vehicles across the Borough, following a statutory public consultation process, which has now been undertaken.

 

Recommendations:

 

1. That, on being satisfied that the anti-social behaviour activities detailed in the Cabinet report at Appendix C are still having, or likely to have, a detrimental effect on the quality of life of those in the locality, are persistent or continuing in nature, remain unreasonable and that on the basis that the consultation process has confirmed local support for the making of the Order, The Dartford Borough Council Public Spaces Protection Order 2022 – Nuisance Vehicles, Dartford Borough, be made, prohibiting anti-social behaviour associated with the gathering displaying and racing of motor vehicles as well as driving on land other than a road on terms set out in Appendix A to the report, to apply to the whole of the Council’s administrative area, as identified on the Order Map, at Appendix B to the report;

2. That the Director of Housing and Public Protection, in consultation with the Head of Legal Services, be authorised to undertake the statutory notice process for the making of the Order in accordance with the Anti-social Behaviour, Crime and Policing Act 2014 (Publication of Public Spaces Protection Orders) Regulations 2014;

3. That, having made the Public Spaces Protection Order 2022 – Dartford Borough – Nuisance Vehicles, it not be enforced until the expiry of the  statutory 6 week period allowing for the Order to be challenged at the High Court; and

4. That the fixed penalty notice fine be set at £100, with immediate effect.

 

Additional documents:

14.

Air Quality Action Plan - Consultation Draft pdf icon PDF 128 KB

Summary:

 

To report recent air quality findings within the Borough and to approve the Air Quality Action Plan- Consultation Draft, to be taken forward for consultation.

 

Recommendations:

 

1. That the air quality findings, both historic and recent monitoring data available for NO2 and PM10, as detailed in Appendix B to the report and associated work, as detailed in the body of the report, be noted;

 

2. That the contents of the Air Quality Action Plan – Consultation Draft, at Appendix A to the report, be approved and that the Plan be taken forward for consultation; and

 

3. That following the consultation exercise, the draft Air Quality Action Plan be presented to Cabinet, for adoption.

Additional documents:

C - Items for Information, Noting, Endorsing

15.

Minutes of the Policy Overview Committee held on 15 March 2022 pdf icon PDF 332 KB

Summary:

 

To consider the minutes of the meeting of the Policy Overview Committee held on 15 March 2022.

 

Recommendation:

 

That the minutes of the meeting of the Policy Overview Committee held on 15 March 2022 be noted.

EXCLUSION OF THE PRESS AND PUBLIC

TO RESOLVE: That, under Section 100A(4) of the Local Government Act 1972 (as amended), the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information.

 

D - Items for Consideration in Private

A

Westgate and Former Co-Op Site development - Exempt Appendices A and B (Exempt Category SO 46(1)(b) Annex 1 Paragraph 3

Summary:

 

To consider exempt Appendices A and B to the main report.

 

Recommendation:

 

That the content of Exempt Appendices A and B to the main report be noted.  

Additional documents: