Decisions

The Portfolio Holder introduced the report which updated on the outcomes of the Planning Advisory Service (PAS) Challenge/Review of the Council’s planning function and performance in terms of determining major planning applications. The Council’s Planning Service had in the recent past been an ‘exemplar’ one, recognised for good performance, but over the past 12-18 months there had been a decline and the Council had been keen to see where it could improve. The Challenge/Review took place in January 2020 and the subsequent report recommended the adoption of an action plan to address a range of issues affecting performance. The report set out those issues and recommendations and sought Cabinet support for the implementation of an action plan to address the issues and develop and implement the recommendations in the PAS report to improve the performance of the Planning Service, particularly in relation to major applications.

Members discussed the recommendation to review the delegation agreement for Ward Members being able to request that an application be referred to the Planning Committee. A majority of Members of the Cabinet present expressed concern about this recommendation. Whilst the proposed requirement for this to be for a ‘planning reason’ was noted, Members advised that there were often issues that caused a lot of local concern and they did not like the idea of having this right taken away from Ward Members, who were often more aware of the local issues than anyone else. They should not have to be put in a position where they were having to ‘argue’ with Planning Officers. There was also a danger of disenfranchising those Members who were not Members of the Planning Committee. The Portfolio Holder explained that the thinking behind this recommendation was to try and make sure that applications were not simply called to Committee because they were unpopular. Applications had to be considered on planning grounds, and there was always an opportunity for Ward Members to discuss applications with the Planning Officers, so issues could often be addressed without elevating them to Committee and using up valuable Committee time. The Leader said he would not ever support this particular recommendation because he believed Members should continue to have the power to use their discretion and be able to call planning applications to Committee. That would be reviewed in the drawing up of the action plan.

In terms of points made about the onerous demands on Members of the Planning Committee, the Portfolio Holder explained that more in depth and expanded Member training was being worked up.

Resolved:

That an action plan be implemented to address the issues and develop and implement the recommendations in the PAS review report, but noting the comments made by the Cabinet about the recommendation to review the delegation agreement to require all requests for referral to Committee to be for a ‘planning reason’.

The Portfolio Holder introduced the report which documented the Council’s emergency response to the COVID-19 outbreak. The report included details of: - the command and control arrangements; the establishment of the Ashford Response Depot (ARD); the Voluntary Emergency Response Appeal which had earlier that week broken its £10k target; the assistance provided to those on NHS shield lists and other vulnerable people; and grant support arrangements for the voluntary sector. It also outlined the significant steps taken to keep essential services running, as well as responding to immediate emergency needs. He said that the report was not definitive but provided a really good overview of all the areas covered by the Council, and its unique and beneficial relationship with the local voluntary sector. He also wanted to praise Council Officers and Members for their ability to adapt to an ever-changing landscape and deal with all of the challenges thrown at the Council and to look after the most vulnerable in the Borough.

Cabinet Members echoed those comments and drew particular attention to the work and effort of Council staff in a number of areas including Aspire, Biffa and the waste management service who had managed to keep operating a full capacity throughout, those involved at the ARD for food distribution, the work undertaken on grant schemes, support and project funds and business support. Thanks were also expressed to the school staff who had managed to keep schools open for children of key-workers in difficult circumstances, and now had allowed as many children as possible to return to school, as well as the population of the Borough in general, who had really pulled together as a community as well as obeying the restrictions that had been put in place for everyone’s safety. The Deputy Leader advised that Kent County Council had earlier that week taken a decision to increase its budget for the Community Wardens by 50% and there were opportunities for Ashford to get its fair share of that additional money during the recovery process.

The Chief Executive thanked Members for their comments about staff and said she was pleased that their efforts had been recognised. Officers has undertaken some extraordinary work, often outside of their own remits and skillsets, in a quick and responsible fashion and even those not involved with the incident had kept on with the day job, often working from home or in new ways, and worked hard to keep the Council operating as normal. She would ensure that the Cabinet’s thanks were communicated to staff.

Resolved:

That    (i)         the report outlining the Council’s response to date to the COVID-       19 pandemic be noted.

(ii)        the Cabinet pay tribute to residents, businesses, wider communities, volunteers and staff for all of the support and help they have provided, the sacrifices they have made, and the personal challenges they have and continue to face as a result of COVID-19.

An update of usual quarterly budget monitoring report

The Portfolio Holder introduced the report which was the second budget monitoring report of the financial year and updated the forecast outturn for 2020/21, reported at the last Cabinet meeting, based on information available at the end of May 2020. He also drew attention to the Tabled Paper which included the missing Table 3 - Reserves Position from page 18, paragraph 49 of the report. He re-emphasised that some of the figures in the report were ‘sobering’ and these unprecedented times had placed considerable risks to this forecast and the Council’s financial standing as the long term economic impact became clearer. Forecasting had identified a £1.893m deficit to this year’s budget having applied the £1.359m COVID grant awarded by Central Government. A further £2m pressure was forecast as Business Rates and Council Tax collection rates were lower than anticipated, however due to accounting purposes this would be reflected in next year’s budget. The overall pressure of £3.893m was within the allocation of reserves earmarked at the last Cabinet meeting to mitigate the financial impact of COVID-19. The HRA was reporting increased spend in its overall position, which included forecasting a £1.3m reduction in rent. The Housing team had reworked the capital programme to reduce spend this year, allowing the loss in rent to be mitigated.

The Deputy Leader welcomed the report and said it was also now very important that the Council sent out the message that Ashford and Tenterden were now back open for business. Members wanted to stress their thanks to Officers, particularly from the Finance and Economic Development teams, for getting out the relevant grants to businesses in such a timely fashion, which would undoubtedly have helped a significant number of businesses and put them in a position to recover.

In response to a question about whether it would be more prudent to borrow to aid the recovery, rather than using up all of the Council’s reserves, the Director of Finance and Economy advised that there were strict rules over what Local Authorities were allowed to borrow for. They could not borrow to cover day-to-day expenditure and most of the pressure highlighted in the report was in this category. However, there may be opportunities around borrowing for capital projects where they delivered an asset, and that would continue to be examined alongside using reserves, to ensure the right balance in delivering projects.

Resolved:

That    (i)         the forecast outturn position for the General Fund and the       Housing Revenue Account be noted.

(ii)        the Treasury Management position be noted.

To give Members and residents an overview of how the Council is performing with a key performance ‘snapshot’ and the Annual Report will build upon the contents of quarterly performance monitoring, but will also include the following information – An introduction from the Leader and Chief Executive; facts and figures about Ashford; timeline of key achievements in the Borough over the calendar year; Borough achievements; and a Financial Summary.

The Leader introduced the report which presented the Council’s Annual Performance Report. The report was an important pillar of the Council’s transparency agenda and looked at the achievements and milestones realised by the Council in the context of the Corporate Plan 2015-2020. It also summarised performance against the Council’s suite of Key Performance Indicators for the year 2019-20.

The Portfolio Holder for Community Safety and Wellbeing emphasised the gas safety certificates for ABC properties and whilst the overall figure was 99.93% with up to date certificates, this still meant there were seven properties that were overdue and he hoped that would be redressed as soon as possible.

The Deputy Leader welcomed the report and said that the data within it and some of the achievements could be used to aid the recovery phase from the pandemic. Examples included infrastructure delivery at M20 Junction 10a and other road projects, commitment to projects in the town centres and the Council’s own house building strategy.

Resolved:

That the contents of the Annual Performance Report be noted and approved for publication on the Council’s website.

The Portfolio Holder introduced the report which presented the Corporate Property Asset Management Strategy 2020-2024. This replaced the previous strategy and set out the Council’s high level strategic framework for managing its Corporate Property Portfolio for the next four years.

Resolved:

That the content of the Corporate Property Asset Management Strategy (2020-2024) be noted and the Strategy be adopted.

To inform Members of the outcome of the negotiations and delegated decision made by the Chief Executive. The report will also inform members about East Kent College taking over the operation of the Ashford College campuses from the 1^st April 2020.

The Leader introduced the exempt report which advised of the transfer of the Ashford College to the East Kent College Group.

Resolved:

That the delegated decision made by the Chief Executive, in consultation with the Leader, Portfolio Holders for Finance and IT and Regeneration and Corporate Property, and the Directors of Finance and Economy and Law and Governance, as set out in Section 9 of the exempt report, be noted.

To summarise the contents of the Chilham CAMP within the context of the Council’s statutory requirements. To also reflect and respond to the comments received during the consultation process.

The Portfolio Holder introduced the report which advised that Local Planning Authorities were obliged to designate, as Conservation Areas, any parts of their own area that were of special architectural or historic interest, the character and appearance of which it was desirable to preserve or enhance. There were 43 Conservation Areas in the Borough and the appraisals that supported them were mostly completed in the 1980s and 1990s. In the context of updated guidance on appraisals by Historic England, and the need to remain consistent with both the changing nature of Conservation Areas and with the National Planning Policy Framework in its requirement for an up to date evidence base, a programme of updating the appraisals continued. As part of the process, management plans for future preservation and enhancement were suggested based on a clear understanding of the qualities that gave an area its distinctiveness. Adoption of this Plan would provide solid evidence to support development management decisions, and enable better defence of the Council’s case at planning appeals. The Portfolio Holder considered the content of the report, in terms of the research that had been undertaken and the consultation with the community, was outstanding.

Resolved:

That the content of the Chilham Conservation Area Management Plan be agreed.

Recommended:

That the Chilham Conservation Area Management Plan be adopted.

To approve an ASB policy in order to ensure a clear organisational approach and commitment to managing and addressing ASB within the Borough.  The policy will set out the obligations of all stakeholders including the CSU, Housing, Kent Police and Members.

The Portfolio Holder for Community Safety and Wellbeing introduced the report which presented for approval the Ashford Borough Council Anti-Social Behaviour (ASB) Policy. The policy provided clarity on how the Council met its responsibilities under the Anti-Social Behaviour, Crime and Policing Act 2014.

The Deputy Leader said he strongly supported this policy and agreed that it was important that the Council continued to send the message that ASB would not be tolerated. The Council had recently invested in new deployable CCTV cameras which would be of great advantage to the Borough. They were very light and easily moveable to sites of ASB and should be easy to fix to street lampposts. Work was ongoing with KCC to ensure this was done and the Council was in a position to feedback information to the Police.

Recommended:

That the Ashford Borough Council Anti-Social Behaviour Policy be approved.

A review of the annual Pay Policy Statement and Ashford Living Wage Allowance.

The Portfolio Holder introduced the report which advised that the Localism Act 2011 required the Council to publish an Annual Pay Policy Statement. The report reviewed the current statement, ensuring it was up to date and reflected the Council’s approach to pay. He advised that the Council also took the annual review as an opportunity to review the rates of the Ashford Living Wage Allowance and the Ashford Apprentice Wage Allowance. The report therefore provided recommendations on rates for the 2020/21 allowances.

Recommended:

That    (i)        the updated Pay Policy Statement be approved.

(ii)        the Ashford Living Wage Allowance be increased to £9.18 for 2020/21 and it be noted that due to recent unforeseen Cabinet meeting cancellations, the increase has been implemented using the Chief Executive’s delegations.

(iii)       the Ashford Apprentice Wage Allowance be maintained at 15 pence per hour over the National Minimum Wage rate applicable to the age of the apprentice, and it be noted that due to recent unforeseen Cabinet meeting cancellations, this recommendation has been implemented using the Chief Executive’s delegations.

To seek approval for the adoption of the LCWIP and to commit to working in partnership with KCC and others to deliver a range of projects.

The Portfolio Holder for Culture introduced the report which presented the Local Cycling and Walking Infrastructure Plan (LCWIP) 2020 – 2029, summarised its development and sought Cabinet approval for adoption. This would enable the Council to bid for appropriate funding from the Department for Transport (DfT) and other appropriate sources as it became available. The report also updated Members on consultation as part of the Council’s adoption of the Ashford Cycling and Walking Strategy, which demonstrated strong support for this approach. The DfT also supported the strategy and the emerging Ashford LCWIP and had allocated £500,000 to help deliver those local plans. Both documents would inform actions which the Heads of Planning and Development and Culture, in consultation with their Portfolio Holders, would prioritise, monitor and review.

The Deputy Leader commended the report and the work that had gone in to producing it and considered that Ashford Town Centre would be a much better place if more walking and cycling could be encouraged. He noted that KCC had been awarded £1.6m to spend on these types of projects, and one of the schemes highlighted in the press release had been Ashford’s Community Cycling Scheme which had provided 50 refurbished bicycles for NHS workers at the William Harvey Hospital. He considered that the report would be a launchpad for an even more comprehensive walking and cycling network across the town centre, as well as cycle safety, working with schools, the education sector and the Community Forums and Councils in the urban area. Another Member said he understood that the KCC money was an initial tranche of a wider £8m for their Active Travel Plan and he asked what steps the Portfolio Holder had taken to ensure Ashford got the maximum possible from that fund? The Leader advised that there were already one or two schemes in the pipeline to make a bid for that money and the Portfolio Holder assured that discussions were ongoing with KCC. This obviously fell outside the remit of the report on this agenda, but would build on the good work within in.

Other Members wanted to applaud the depth of work undertaken by the Officers and the Portfolio Holder over a number of years in producing this report. It was recognised as a work in progress in the sense that the town had a number of cycleways and footpaths, but they didn’t all necessarily join up, and one of the thrusts of the report was to start the journey to ensure a cohesive network for residents in the future.

A Member asked if there were any plans to look at the rural areas and Tenterden as she knew there was an appetite for such a plan there as well. Another Member asked about the decision not to include schools as ‘strategic locations’ and the rationale behind that. The Community Project Manager said that Officers had asked the same questions about schools when drawing up the strategy over a year ago and at that time the DfT had not included schools, but now they did. So, as the plan was a working document, it could now be reflected that schools were ‘trip attractors’ for staff, children and parents. This happened after the report was submitted last October, but would be reflected going forward. In terms of rural areas, the Portfolio Holder for Culture advised that the LCWIP was limited to the town area outlined on page 199 of the agenda, but he would be happy to share experiences with Tenterden Town Council and others who were interested.

Resolved:

That    (i)         the Ashford Local Cycling and Walking Infrastructure Plan 2020 –      2029 be approved.

(ii)        the outcome of the consultation for the Ashford Cycling and Walking Strategy 2019 – 2029 be noted.

(iii)       delegated authority be granted to the Heads of Planning and Development and Culture, in consultation with their Portfolio Holders, to put in place all measures that will enable the effective delivery of the Ashford Local Cycling and Walking Infrastructure Plan and Ashford Cycling and Walking Strategy 2019 – 2029, developing action plans accordingly; and in consultation with the Director of Finance and Economy, and their Portfolio Holder, to allocate external spending that has or will be secured.