Agenda and draft minutes

There were no apologies for absence.

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 26 January 2023.

Recommendation:

That the minutes of the meeting of the Cabinet held on26 January 2023 be confirmed as an accurate record.

The Cabinet considered the minutes of its meeting held on 26 January 2023.

            RESOLVED:

That the minutes of the meeting of the Cabinet held on 26 January 2023 be confirmed as ana ccurate record.

There were nourgent items.

The Cabinet received the minutes of the meeting of Cabinet Advisory Panel A which took place on 23 February 2023 and had regard to the Panel’s views throughout the meeting.

            RESOLVED:

That the minutes of the meeting of Cabinet Advisory Panel A held on 23 February 2023 be noted.

There were no references from other committees.

Summary:

This report:

·         proposes and recommends the draft Budget 2023/24 to the General Assembly of the Council for approval;

·         recommends the freezing of rents for Housing Revenue Account properties and the rents for pitches at Claywood Lane, Caravan Site, Bean; and

·      recommends approval of the Fees and Charges schedules for the General Fund and HRA.

Recommendations:

1. That, for the reasons detailed in paras. 3.4 and 3.5 of the report, the rents relating to Housing Revenue Account properties and the rents for pitches at Claywood Lane, Caravan Site, Bean, be frozen from the first rent week in 2023/24;

2. That the draft Budget, including an update on the current financial position, at Appendix A to the report, be proposed and recommended to the General Assembly of the Council for approval;

3. That the Customer Access Review, at Appendix B to the report, be noted.

4. That the Fees and Charges 2023/24 (at Appendices B(ii) and C(iii) - draft Budget), with effect from 1 April 2023, be approved.

The Cabinet considered a report on the proposed Revenue and Capital Budgets for 2023-24, including recommendations to the General Assembly of the Council (Budget) on setting the overall level of General Fund and Housing Revenue Account revenue and capital expenditure for Dartford Borough Council for 2023/24,  the level of Council Tax for Dartford Borough in its parished and unparished areas for 2023/24 and fees and charges for 2023/24, and  approving the Pay Policy Statement and sundry related matters. The Council’s determination to provide high quality services and to keep tax low, wherever possible, was reflected in the proposals which included no increase in the Dartford Borough Council element of Council tax, the freezing of rents for Council social housing and for pitches at the Claywood Lane, Caravan Site, Bean for the year and setting fees and charges, many of which it was proposed not to increase. At the same time it was intended to maintain existing levels of service, introduce new initiatives to support local people and invest significantly in the social infrastructure that helps people to meet challenges at various stages of their lives.  The financial settlement had been better than expected, as had revenue from business rates, and therefore the Council would be able to add to earmarked reserves. This extra contribution would be focused on creating a fund to support capital expenditure to increase the supply of temporary accommodation. There may be a gap in funding in future years but it would be possible to use reserves to maintain services if needed.

The Head of Finance drew attention to key aspects in the projected outturns for the General Fund and the Housing Revenue Account and noted that the Council had benefitted from its previous sound financial management, growth in retained business rates and good returns from investment income as well as a better than expected financial settlement and from a national funding guarantee from the Government (which had offset a decline in New Homes Bonus). He also outlined the Council’s Medium Term Financial Plan and the figures built into this to reflect a potential ‘business rate re-set’ at some point in the future, and the content of the Capital Programme. Overall, the Council was in a good financial position and this would  enable the Council to deliver on the measures included in the budget, including maintaining existing services and dealing with areas of budgetary pressure, such as temporary accommodation, some new initiatives, a pay award for staff and contributions to earmarked reserves.    

Members commented on the strong financial management, stewardship and policies which enabled Dartford to deliver services to local residents from a position of strength and to significantly out-perform neighbouring authorities, who were more reliant upon the vagaries of the economy. They also welcomed the ability to deliver a fair and reasonable pay increase for staff, building upon the measures put in place mid-year to help staff facing cost-of-living pressures.   It was noted that many fees and charges would remain unchanged for the coming year, and  ...  view the full minutes text for item 101.

Summary:

To consider the proposed approach to delivering the Government’s Supporting Small Business Rate Relief Scheme for 2023-2026 and the Retail, Hospitality and Leisure Rate Relief Scheme for 2023-2024.

Recommendations:

1. That the Supporting Small Business Rate Relief Scheme 2023-2026, as set out in Appendix A to the report, be approved; and

2.  That the Retail Hospitality and Leisure Rate Relief Scheme 2023-2024, as set out in Appendix B to the report, be approved.

The Head of Finance introduced a report which advised Members of two new rate support relief schemes that had been announced in the Government’s Autumn Statement on 17 November 2022. The first, the Supporting Small Business Rate Relief Scheme 2023-2026, would provide a business rate relief scheme for eligible ratepayers who, as a result of the change in their rateable value at revaluation, were losing some or all of their Small Business Rate Relief, Rural Rate Relief or 2017 Supporting Small Business Rate Relief. The second related to a business rate relief scheme for eligible retail, hospitality and leisure properties, the Retail, Hospitality and Leisure Business Rate Relief Scheme 2023-2024. Both schemes would be administered by local authorities. The Cabinet was asked to approve the proposed schemes, which were contained in Appendices A and B to the report.

            RESOLVED:

1. That the Supporting Small Business Rate Relief Scheme 2023-2026, as set out in Appendix A to the report, be approved; and

2.  That the Retail Hospitality and Leisure Rate Relief Scheme 2023-2024, as set out in Appendix B to the report, be approved.

Summary:

To consider the Council’s proposed response to the Government’s consultation on changes to the National Planning Policy Framework (NPPF), and wider planning reforms.

Recommendation:

That the responses to the questions raised in the Government’s consultation on changes to the National Planning Policy Framework, set out in Appendix A to the report, form the Council’s response to the consultation.

The Cabinet was informed that the Government was consulting on possible changes to the National Planning Policy Framework (NPPF), and wider planning reforms. The consultation was formed of two consultation papers: National Planning Policy Framework showing Indicative Changes for Consultation; and Levelling-up and Regeneration Bill: Reforms to National Planning Policy and was due to end on 2^nd March 2023. The report detailed the Council’s interpretation of the consultation and possible implications.

Some of the overall themes within the consultation, such as aiming for simplification and the increased importance of urban design considerations were welcomed, providing they can be carefully and sensitively worked up and applied. However it was felt that substantial further detail and supporting guidelines (legislation or draft wording) would be needed on many of the proposals touched on in the consultation before their full impact could be evaluated and changes taken forward.

The Cabinet had regard to the views expressed by the Cabinet Advisory Panel.

            RECOMMENDATION:

That the responses to the questions raised in the Government’s consultation on changes to the National Planning Policy Framework, set out in Appendix A to the report, should form the Council’s response to the consultation.

Summary:

To consider the outcome of the initial public consultation carried out in the West Hill / Town wards area between 11^th July and 22^nd August 2022 as part of the first phase consultation of the Dartford Town Centre Parking Study. The report also includes the results of the previous public consultation with local residents of Anne of Cleves Road carried out in April 2021.

Recommendations:

1. That the analysis of the responses to the consultation, as outlined in paragraphs 4.1 to 4.51 of the report, be noted;

2. That the recommendation to progress to Stage 2 of the Parking Study for sub-zone 1, as set out in paragraph 6.1 to the report in order to consider options for proposed parking controls, be approved;

3. That the identified programme for parking management within sub-zone 1, as outlined in paragraph 5.1 to the report, be considered and approved;

4. That the scheme for the introduction of consistent parking controls along Anne of Cleves Road, which involves:

(a)   amendment of all parking bays within Anne of Cleves Road to controlled permit parking bays;

(b)  amending operational hours of all the permit parking bays, to align with existing hours of control on some of the bays from Monday to Friday 9am to 4.30pm,

be agreed and that consultation be carried out with local residents on the proposals; and

5. That the Head of Planning Services  be granted delegated authority to consider the responses to the formal consultation on the proposed consistent parking controls for  Anne of Cleves Road, and if no significant objections are received, to progress the scheme to implementation, as set out in paragraph 6.1iv) to the report.

The Director of Growth & Community introduced a report which described the outcome of the initial public consultation carried out in the West Hill / Town wards area between 11^th July and 22^nd August 2022 as part of the first phase consultation of the Dartford Town Centre Parking Study. The Cabinet’s attention was drawn to some very minor errors of detail contained in the report, none of which impacted materially on the overall content and conclusions. The report also included the results of the previous public consultation with local residents of Anne of Cleves Road carried out in February 2021. The report provided a detailed analysis of the responses to the consultation on a street-by-street basis within the consultation area.

Overall the Council received representative responses to the consultation from the majority of local residents and businesses within the West Hill / Town wards sub zone 1 area. Feedback showed that the majority of residents had ongoing concerns about commuter parking and parking displacement impacts in their streets. In addition, a majority of local residents would like the Council to consider introducing parking management schemes as well as developing a co-ordinated parking control scheme to manage future parking demands in the area, as well as those associated with new developments, to support the development of parking solutions for the town centre. Many of the roads surveyed already have some form of parking control, which may have impacted on some response rates, but many of the parking controls were inconsistent across the area.  The local residents of Anne of Cleves Road continued to highlight the impact of the existing unrestricted parking on their street and support a parking management scheme to be considered for their street.

The Cabinet had regard to the views expressed by the Cabinet Advisory Panel.

            RESOLVED:

1. That the analysis of the responses to the consultation, as outlined in paragraphs 4.1 to 4.51 of the report, be noted;

2. That the recommendation to progress to Stage 2 of the Parking Study for sub-zone 1, as set out in paragraph 6.1 to the report in order to consider options for proposed parking controls, be approved;

3. That the identified programme for parking management within sub-zone 1, as outlined in paragraph 5.1 to the report, be considered and approved;

4. That the scheme for the introduction of consistent parking controls along Anne of Cleves Road, which involves:

(a)   amendment of all parking bays within Anne of Cleves Road to controlled permit parking bays;

(b)  amending operational hours of all the permit parking bays, to align with existing hours of control on some of the bays from Monday to Friday 9am to 4.30pm,

be agreed and that consultation be carried out with local residents on the proposals; and

5. That the Head of Planning Services  be granted delegated authority to consider the responses to the formal consultation on the proposed consistent parking controls for  Anne of Cleves Road, and if no significant objections are received, to progress the scheme  ...  view the full minutes text for item 104.

Summary:

This report sets out an update of the potential infrastructure projects that could be supported by funding secured through the Council’s Community Infrastructure Levy (CIL) within the context of the level of CIL funding received by the Council up to September 2022.  The report also sets out the progress that has been made over the past year on the delivery of strategic infrastructure projects as identified in the Council’s Infrastructure Delivery Programme.  The report also references the progress that has been made regarding the CIL funding retained by the Council for the unparished areas of the Borough, which has been the subject of separate reports to Cabinet.

Recommendations:

1. That the CIL income received by the Council, as set out in Appendix A to the report, and the level of CIL funding held for strategic infrastructure projects, be noted;

2. That the revised and updated Infrastructure Delivery Plan, as set out in Appendix B to the report, be approved for publication and forms the basis for ongoing liaison with the relevant infrastructure providers and further development of the identified schemes;

3. That the projects identified in Part 2 of the Infrastructure Delivery Plan and covered in paragraphs 5.5 to 5.8 of the report are the current infrastructure projects identified for the allocation of CIL funding; and

4. That, once individual projects are sufficiently progressed to demonstrate they are deliverable, further reports be submitted to Cabinet, for decisions on the release of CIL funding contributions towards those projects.

The Cabinet considered a report which provided an update of the potential infrastructure projects that could be supported by funding secured through the Council’s Community Infrastructure Levy (CIL) within the context of the level of CIL funding received by the Council up to September 2022.  The report described the progress that had been made over the past year on the delivery of strategic infrastructure projects as identified in the Council’s Infrastructure Delivery Programme.  Progress with identifying and implementing a pilot scheme of projects within unparished areas, using CIL funding retained by the Council for the unparished areas of the Borough, was also reported, which had been the subject of separate reports to Cabinet, along with the Dartford Town Centre Traffic Management Study which was being part-funded by unparished CIL monies. The report also summarised the CIL income (actual and projected) for the period 2014/15 to 2027/28 and expenditure.

The Chairman welcomed the report and in particular the release of CIL funding for the pilot programme of projects in unparished areas of the borough.

            RESOLVED:

1. That the CIL income received by the Council, as set out in Appendix A to the report, and the level of CIL funding held for strategic infrastructure projects, be noted;

2. That the revised and updated Infrastructure Delivery Plan, as set out in Appendix B to the report, be approved for publication and forms the basis for ongoing liaison with the relevant infrastructure providers and further development of the identified schemes;

3. That the projects identified in Part 2 of the Infrastructure Delivery Plan and covered in paragraphs 5.5 to 5.8 of the report are the current infrastructure projects identified for the allocation of CIL funding; and

4. That, once individual projects are sufficiently progressed to demonstrate they are deliverable, further reports be submitted to Cabinet, for decisions on the release of CIL funding contributions towards those projects.

Summary:

To recommend in principle, the implementation of a council tax premium of 100% on unoccupied and unfurnished properties empty for 1 year but less than 5 years from 1 April 2024 and the implementation in principle, of a council tax premium of 100% on second home properties from 1 April 2024, should the Regeneration & Levelling Up Bill receive Royal Assent prior to 1 April 2023.

Recommendation:

That, subject to the Regeneration & Levelling Up Bill receiving Royal Assent prior to 1 April 2023, the General Assembly of the Council be recommended to:

(a) approve the application of the 100% premium on unoccupied and unfurnished properties which have been empty for 1 year but less than 5 years, from 1 April 2024; and

(b) approve the application of 100% premium on second homes, from 1 April 2024.

The Cabinet was advised of two important changes to council tax provisions contained in the Regeneration & Levelling Up Bill (the Bill) which was currently passing through Parliament with a view to receiving Royal Assent in Spring 2023. Clauses 72 and 73 of the Bill proposed, amongst other matters, a change in the application of a council tax premium on ‘long term empty’ properties and the implementation of a council tax premium on ‘second homes.’

Currently, if a property had been unoccupied and unfurnished for 2 years but less than 5 years, then a 100% council tax premium could be applied to the property. The Bill was proposing to shorten that 2 year period to 1 year. ‘Long term empty’ premiums were applied to encourage owners to bring properties back into use so they do not remain empty for extended periods.

For some years local councils had been able to apply a full council tax charge to second homes, defined as properties which are unoccupied but furnished. The Bill proposed that councils should be able to apply a 100% council tax premium on second homes (for Dartford that would mean an owner of a second home in the borough would pay double the normal council tax charge).

Both of these changes would only take effect if the Bill received Royal Assent and even then, the earliest that both of these changes could take effect, would be 1 April 2024, providing Royal Assent was granted by 31 March 2023. The Bill also provided that approval to introduce the changes must be given local authorities at least 12 months before the implementation date so the Cabinet was being asked to recommend the application of the new council tax premiums to the General Assembly of the Council, on the assumption that Royal Assent is received by 1 April 2023.

RESOLVED:

That, subject to the Regeneration & Levelling Up Bill receiving Royal Assent prior to 1 April 2023, the General Assembly of the Council be recommended to:

(a) approve the application of the 100% premium on unoccupied and unfurnished properties which have been empty for 1 year but less than 5 years, from 1 April 2024; and

(b) approve the application of 100% premium on second homes, from 1 April 2024.

Summary:

To seek Members’ views on the proposed calendar of meetings for the Municipal Year 2023/24 and the provisional calendar for 2024/25.

Recommendation:

That the proposed calendar of meetings for the Municipal Year 2023/24 and the provisional calendar of meetings for 2024/25 be submitted to the Annual Meeting of the Council.

The Cabinet received a report which sought Members’ views on the proposed calendar of meetings for the Municipal Year 2023/24 and the provisional calendar for 2024/25.

RESOLVED:

That the proposed calendar of meetings for the Municipal Year 2023/24 and the provisional calendar of meetings for 2024/25 be submitted to the Annual Meeting of the Council.

Summary:

To report on the 3^rd quarter returns on the Corporate Plan Performance Indicators.

Recommendation:

That the Corporate Plan 2021/2023 Performance Indicators report be noted.

The Cabinet considered a report which detailed performance against the Corporate Plan Performance Indicators for the 3^rd quarter of 2022/23 and noted the strong and consistent performance across the indicators.

RESOLVED:

That the Corporate Plan 2022/2023 Performance Indicators report for Quarter 3 be noted.

            RESOLVED:

That, under Section 100(4) of the Local Government Act 1972 (as amended), the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information.

No members of the press or public were present during discussion of the following item of business.

Summary:

To consider a proposed approach to dealing with a contractual claim.

Recommendation:

That the Cabinet considers and agrees an approach to dealing with a contractual claim, as detailed in the exempt report.

The Cabinet considered an updated exempt report which provided details of a contractual claim to which the Council was a party and a proposed approach to dealing with the matter.

RESOLVED:

That the Cabinet notes the contents of the updated exempt report and approves the proposed approach to dealing with a contractual claim and delegation to the Director of Growth & Community, as detailed in the revised exempt report and discussed at the meeting.