Agenda and draft minutes

The Chairman expressed the Council’s great sense of loss following the recent death of Her Majesty Queen Elizabeth II. On behalf of the Council he offered condolences to Her Majesty’s family and sent loyal wishes to the new King, Charles III, following his accession.

An apology for absence was submitted on behalf of Councillor Mrs Thurlow, who was currently unwell. The Cabinet sent their best wishes to her for a speedy recovery.

The Chairman welcomed Alex Crowe to the meeting. The Democratic Services Manager explained that Alex had now joined Democratic Services having spent the past 9 years working in Electoral Services following the completion of his apprenticeship in the Housing Department. Alex had been appointed to the post of Democratic Services Officer and would be supporting a range of Council meetings. He also informed Members that Neil Murphy had tendered his resignation following a protracted absence due to ill-health and would not be returning to the Council.

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.

There were no declarations of interests.

Summary:

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

Recommendation:

That the minutes of the Cabinet meeting held on 21 July 2022 be confirmed as an accurate record.

The Cabinet considered the minutes of the meeting held on 21 July 2022.

            RESOLVED:

That the minutes of the meeting of the Cabinet held on 21July 2022 be confirmed as an accurate record.

There were no urgent items.

There were no references from other committees.

Summary:

To consider a report outlining the responses received from local residents following a formal statutory consultation undertaken between 14^th July and 4^th August 2022 as part of a Traffic Regulation Order (TRO) process to implement developer funded parking management schemes in sections of Lowfield Street and Lower Hythe Street and to recommend accordingly.

Recommendations:

1. That the responses to the consultation, as outlined in paragraphs 4.3 to 4.10 of the report, be noted;

2. That the proposal for parking controls in Lowfield Street, as set out in Appendix A (Plans 1 and 2) and paragraph 3.1 to the report, be progressed to the next stage of the formal statutory consultation, and be implemented;

3. That the proposal for parking controls on Lower Hythe Street be extended to cover the area shown in Appendix B to the report, and that a fresh statutory consultation be carried out with residents and businesses directly affected by the proposal; and

4. That the Head of Planning Services be granted delegated authority to consider the responses to the consultation of Lower Hythe Street and, if no significant objections are received, to progress the scheme to implementation.

The Director of Growth & Community introduced a report which detailed the responses received from local residents following a formal statutory consultation undertaken between 14^th July and 4^th August 2022 as part of a Traffic Regulation Order (TRO) process to implement developer funded parking management schemes in sections of Lowfield Street and Lower Hythe Street. Despite the widespread consultation the response rate had been very low. The Council received one response for Lowfield Street and two responses for Lower Hythe Street from the formal statutory consultation. The response received for Lowfield Street made observations about the proposal in Lowfield Street but did not object to the measures. The two responses received for Lower Hythe Street expressed concerns about the proposal whilst not objecting to the scheme. One response raised concerns about the possible displacement of parking further north along Lower Hythe Street and suggested an amendment to extend the parking proposals to cover the whole of Lower Hythe Street which officers had taken on board. However this would require another statutory consultation to be carried out with residents and businesses that would be directly affected by the amended proposal.

Members felt that the parking controls were appropriate and that there was little prospect of displacement of parking to neighbouring streets as these already had controls in place.

            RESOLVED:

1. That the responses to the consultation, as outlined in paragraphs 4.3 to 4.10 of the report, be noted;

2. That the proposal for parking controls in Lowfield Street, as set out in Appendix A (Plans 1 and 2) and paragraph 3.1 to the report, be progressed to the next stage of the formal statutory consultation, and be implemented;

3. That the proposal for parking controls on Lower Hythe Street be extended to cover the area shown in Appendix B to the report, and that a fresh statutory consultation be carried out with residents and businesses directly affected by the proposal; and

4.  That the Head of Planning Services be granted delegated authority to consider the responses to the consultation of Lower Hythe Street and if no significant objections are received, to progress the scheme to implementation.

Summary:

To consider a report outlining proposed revised governance arrangements for the funding and delivery of infrastructure that is required to support planned development in Dartford following changes to the regulations that apply to the Community Infrastructure Levy (CIL) Charging Scheme adopted by the Council.

Recommendations:

1. That the revised governance arrangements for the monitoring of CIL and decision making for the prioritisation and allocation of funding, as set out in paragraphs 4.1 to 4.6 of the report and Appendix A to the report, be agreed.

2. That the Terms of Reference for the Leader’s Advisory Group on CIL, as set out in paragraphs 4.7 to 4.9 of the report and Appendix B to the report, be agreed;

3. That proposals for bi-lateral discussions and collaborative working with the Borough’s Town and Parish Councils on joint infrastructure priorities, as set out in paragraphs 6.1 to 6.5 of the report, be agreed; and

4. That the Head of Planning Services be granted delegated authority to update the CIL Guidance to reflect the agreed revised governance arrangements and the changes to the regulatory framework for CIL, set by Government.

The Cabinet considered a report which proposed the introduction of revised governance arrangements for the funding and delivery of infrastructure that is required to support planned development in Dartford following changes to the regulations that apply to the Community Infrastructure Levy (CIL) Charging Scheme adopted by the Council. The existing governance arrangements had been in place since 2017 but since that time there had been six amendments to the regulations and an internal audit had identified that arrangements had not been reviewed since 2017 and needed to reflect the changes to the regulations. The report set out the changes to the regulations, new reporting requirements, the internal audit findings and the practical lessons learned through the Council’s experience in the prioritisation and allocation of CIL funding for infrastructure provision. The governance arrangements were built around the principle that all key decisions regarding CIL and its use for delivering infrastructure would be made by Cabinet but underpinned by a Leader’s Advisory Group on CIL, the publication of an annual Infrastructure Funding Statement, Dartford’s Infrastructure Delivery Plan and the contents of Dartford’s Local Plan. The Infrastructure Delivery Plan prioritised projects to be fully funded, CIL Priority projects and early stage projects to be further defined. The report also detailed the arrangements to transfer 15% of CIL receipts received from developers from development in town/parish areas to the relevant parish/town council in accordance with the regulations, and noted that the proportion payable to Stone Parish had risen to 25% as a result of the adoption of the Stone Neighbourhood Plan. It was proposed to offer the town/parish councils opportunities for bi-lateral discussions and collaborative working to explore the potential for joint funding of local projects.

The Chairman welcomed the revised governance arrangements and hoped that these would help to expedite the development of schemes suitable for CIL funding.

          RESOLVED:

1. That the revised governance arrangements for the monitoring of CIL and decision making for the prioritisation and allocation of funding, as set out in paragraphs 4.1 to 4.6 of the report and Appendix A, be agreed;

2. That the Terms of Reference for the Leader’s Advisory Group on CIL, as set out in paragraphs 4.7 to 4.9 of the report and Appendix B, be agreed;

3. That proposals for bi-lateral discussions and collaborative working with the Borough’s Town and Parish Councils on joint infrastructure priorities, as set out in paragraphs 6.1 to 6.5 of this report, be agreed; and

4. That the Head of Planning Services be granted delegated authority to update the CIL Guidance to reflect the agreed revised governance arrangements and the changes to the regulatory framework for CIL, set by Government.   

Summary:

To approve the Council’s proposed response to the Government’s consultation on social housing rents.

Recommendation:

That the Council’s response on social housing rents, as attached at Appendix A to the report, be approved and submitted to the Government by 12 October 2022.

The Director of Housing & Public Protection introduced a report which detailed the Council’s proposed response to the Government’s consultation on social housing rents.  Under arrangements agreed in 2017 social housing providers had been allowed to increase rents by a maximum of the consumer price index of inflation (CPI) plus 1% every year between 2020 and 2025. However in view of the current spiralling level of inflation this formula could result in significant increases in rents which could be unaffordable for many tenants so the Government was now seeking views on the introduction of a rent ceiling from 1 April 2023 to 31 March 2024, which would act as an upper limit on the maximum amount by which registered providers of social housing can increase rents in that year. The consultation,included three options for a cap on rent rises: either 3%, 5% or 7% with the Government’s preferred option for the initial cap for the period 1 April 2023 to 31 March 2024, to make the CPI+1% policy subject to a 5% ceiling. This would mean that, for rent periods that begin in the 12 months from 1 April 2023 to 31 March 2024, Registered Providers would be permitted to increase rents by up to CPI+1% or by 5%, whichever was lower. This ceiling would apply to both Social Rent and Affordable Rent homes. The consultation also sought views on whether to set a limit for 2024-25. The Director of Housing & Public Protection confirmed that the Council was broadly supportive of the introduction of a rent increase cap of 5%, which seemed to be a reasonable balance between the Council’s additional costs and the interest of rent payers, and that the ceiling should only apply for one year at this stage to allow for the position to be reviewed next year when circumstances could have changed. The Chairman reinforced the view that a decision to freeze social housing rents or set a charge below the 5% cap remained a very realistic option for the Council.

            RESOLVED:

That the Council’s response to the consultation on social housing rents, at Appendix A to the report, be approved and submitted to the Government by 12 October 2022.

Summary:

To consider proposed criteria for the Council Tax Rebate Discretionary Scheme.

Recommendation:

That the following criteria for the Council Tax Rebate Discretionary Scheme be approved:

·         £150 to all households in receipt of Council Tax Reduction in bands E to H on 1 April 2022;

·         £150 to all households with a disabled reduction in bands F to H on 1 April 2022;

·         £150 to all households with a severely mentally impaired (SMI) disregard or with a SMI exemption in bands E to H on 1 April 2022;

·         A top-up of £30 to all those in receipt of Council Tax Reduction in bands A to D on 1 April 2022;

·         The balance to be used to support those in exceptional hardship at the discretion of the Council Tax & Recovery Manager in consultation with the Chief Officer & Director of Corporate Services.

The Chief Officer & Director of Corporate Services introduced a report which advised Members that, alongside the main £150 Council Tax Rebate Scheme, payable to those households in bands A to D as at 1 April 2022, the Government had also provided each billing authority with a discretionary allocation to support households not eligible under the main scheme but who were nevertheless suffering financial hardship as a result of the rising cost of living. The Council’s discretionary fund allocation of £266,850 needed to be spent by 30 November 2022.

Councils were able to determine locally how best to use the discretionary funding. This could include funding for households living in properties valued in bands E to H that are on income related benefits or those where the energy bills payers are not liable for council tax. Councils could also use the discretionary fund to offer targeted ‘top-up’ payments to the most vulnerable households in bands A to D (for example, those on means tested benefits), or to offer discretionary support exceeding £150 per household.

          RESOLVED:

That the following criteria for the Council Tax Rebate Discretionary Scheme be approved:

·       £150 to all households in receipt of Council Tax Reduction in bands E to H on 1 April 2022;

·       £150 to all households with a disabled reduction in bands F to H on 1 April 2022;

·       £150 to all households with a severely mentally impaired (SMI) disregard or with a SMI exemption in bands E to H on 1 April 2022;

·       A top-up of £30 to all those in receipt of Council Tax Reduction in bands A to D on 1 April 2022;

·       The balance to be used to support those in exceptional hardship at the discretion of the Council Tax & Recovery Manager in consultation with the Chief Officer & Director of Corporate Services.

Summary:

To receive and note the Local Government and Social Care Ombudsman’s Annual Review Letter 2021/22.

Recommendations:

That the Local Government and Social Care Ombudsman’s Annual Review Letter 2021/22, at Appendix A to the report and the corresponding data tables at Appendix B, be noted.

The Cabinet considered a report which presented the Local Government and Social Care Ombudsman’s Annual Review Letter 2021/22 relating to complaints against the Council and decisions made by the Ombudsman for the year ending 31 March 2022 and statistics as to the outcomes of investigations and compliance. Cabinet noted the continuing very low level of complaints to the Ombudsman about the Council.

          RESOLVED:

That the Local Government and Social Care Ombudsman’s Annual Review Letter 2021/22, at Appendix A to the report, and the corresponding data tables at Appendix B to the report, be noted.

Summary:

To approve seven new road names for the development in the southern parcel of the Alkerden locality in Ebbsfleet Valley.

Recommendation:

That the seven new road names, comprising of Sir Peter Blake, Sgt Pepper, Clocks, Dragonfly, Penny Black, Poppy and Balcony, be approved for the southern parcel of the Alkerden locality in Ebbsfleet Valley.

The Cabinet considered a report which sought approval the street names for the development in the southern parcel of the Alkerden locality in Ebbsfleet Valley. The proposed names, were chosen based on discussions with the Leader to honour locally born artist, Sir Peter Blake.  The names were taken from titles of his paintings (Penny Black, Girl in a Poppy Field, and On The Balcony) and from album covers that he designed (Sgt Peppers’ Lonely Hearts Club Band, Stop the Clocks and Dragonfly). The names had been submitted for consultation to Council Members, the Emergency Services, Royal Mail and the developer, and complied with the Council’s policy on Street Naming. Suitable suffixes would be chosen once the final road names had been approved.

          RESOLVED:

That the seven new road names, comprising of Sir Peter Blake, Sgt Pepper, Clocks, Dragonfly, Penny Black, Poppy and Balcony, be approved for the southern parcel of the Alkerden locality in Ebbsfleet Valley.

Summary:

To consider writing off Non-Domestic Rate debts where it has not been possible to obtain payment because of insolvency, because the ratepayer cannot be traced or where the debt is otherwise irrecoverable.

Recommendation:

That the sums shown at Appendix A, in the exempt part of the report, amounting to £65,225.14, be written off as uncollectible.

The Cabinet considered a report which proposed writing off Non-Domestic Rate debts where it has not been possible to obtain payment because of insolvency, because the ratepayer cannot be traced or where the debt was otherwise irrecoverable. The details of each case were outlined in the report.

            RESOLVED:

That the sums shown contained in Exempt Appendix A to the report, amounting to £65,225.14, be written off as uncollectible.

Summary:

To report on the first quarter returns on the Corporate Plan performance    indicators.

Recommendation:

That the Cabinet receives the Corporate Plan Performance Indicators at Appendix A to the report.

The Cabinet considered a report on the performance against indicators contained in the Corporate Plan 2021-23 for the first quarter of the year. There were indicators for each theme contained in the Corporate Plan divided between those indicators which relate to services directly provided by the Council and those, which relate to the wider state of the Borough, where the Council did not have prime responsibility but worked in partnership with others, which were termed “Borough Indicators”.

The Director of Growth & Community highlighted the inclusion of new indicators relating to environment and sustainability which would take a little time to ‘bed-in’.

The Chairman asked for clarification on how the Council was recording fly-tipping incidents (CPI: BI 12) and whether this was consistent with the way that other authorities were recording this information as otherwise there could be a distorted picture of performance when comparisons were made with other authorities. The Director of Housing & Public Protection said that the way that the Council recorded this information was designed to be transparent and realistic, however he agreed to look at how this information was handled by other authorities and would report back to the Chairman.

          RESOLVED:

That Cabinet notes the Corporate Plan Performance Indicators’ Monitoring Report, at Appendix A to the report.

The Cabinet considered Exempt Appendix A to the main report (see minute 54).

          RESOLVED:

That the content of Exempt Appendix A to the main report (minute 54 above) be noted.