A BETTER BOURNEMOUTH

BOURNEMOUTH BOROUGH COUNCIL CABINET

13 October 2010

PRESENT: Councillor Peter Charon - Leader of the Council and Chair of the Cabinet; Councillor John Beesley - Deputy Leader of the Council, Vice-Chair of the Cabinet, and Resources; Councillor Rod Cooper – Economy, Leisure and Tourism; Councillor Anne Filer – Service Development and Corporate Efficiency; Councillor Michael Filer – Environment and Transport; Councillor Nicola Greene – Education and Children’s Services; Councillor Ian Lancashire – Arts and Culture/Major Projects; Councillor Lynda Price – Health and Social Care.

ALSO PRESENT: Councillors Beryl Baxter, Robert Chapman, Pat Lewis, Chris Rochester, Allister Russell, Ted Taylor and Ron Whittaker.

The meeting commenced at 10.30 a.m.

PUBLICATION DATE:  15 OCTOBER 2010

Note: Under Rule 16 of the Overview and Scrutiny Procedure Rules, the deadline for Members to ‘call-in’ decisions set out in Section II of these minutes will expire on 22 October 2010.  Decisions will not be carried out until after that date.

Note: To see a copy of the public reports that were considered by the Cabinet at this meeting please visit:

http://www.bournemouth.gov.uk/main/minutes_Agendas/Cabinet_Reports.asp

SECTION I - BUSINESS RECOMMENDED TO THE COUNCIL

NON-KEY DECISION

176.                                               PAVILION GARDENS SCHEME – UPDATE – RESOURCES

  

The Cabinet considered an update report on the Pavilion Gardens Scheme.  

The Chairman introduced Trevor Osborne and representatives from the Trevor Osborne Property Group - TOPG.  He asked Mr Osborne to comment on recent media interest in the project and in particular a press release which had been issued by his company concerning the removal of the Casino from the scheme.  

Mr Osborne and representatives from the TOPG gave a presentation and responded to questions on the TOPG’s proposals for a revised scheme.

The Cabinet was circulated with the minutes of the Lower Central Gardens Trust Board on 13 October 2010 which included comments on the Pavilion Gardens Scheme.

 Alternative Options Considered and Rejected – None.

DECISION MADE:

Recommended to Council:

1. That whilst welcoming the TOPG proposals to withdraw the Casino the Officers be authorised to progress the negotiations regarding the TOPG’s revised scheme on a without prejudice basis and report back to Cabinet on the outcome of further discussions, taking account of legal advice.

2. That the views expressed by the Lower Central Gardens Trust Board be noted.

Reasons for Recommendations:

The Scheme requires further clarification before Members can consider legal, financial and procurement advice.

Note: Under Section 100(A)(4) of the Local Government Act 1972, the public, including the press, was asked to leave the meeting for the consideration of part of the above item on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 3 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighed such interest in disclosing the information.

Councillors David Smith, Ian Lancashire and Michael Filer having declared personal and prejudicial interests left the meeting for the above item.

REPORT OF EXECUTIVE GATEWAY BOARD

177.                                            RECOMMENDED CHANGES TO THE CAPITAL PROGRAMME - RESOURCES

The Cabinet considered a report from the Executive Gateway Board providing an update on the projects considered as part of the Gateway process by the Board on 30 September 2010.

Alternative Options Considered and Rejected – None.

DECISION MADE:

Recommended to Council:

1. That the following changes to the Council’s Capital Programme be approved:

i. BH Live Landlord’s Maintenance – Formerly BIC Lifecycle costs – a reduction in the Council’s 2010/11 approved Capital Programme of £385,000.

ii. St Michael’s Primary School expansion – virement of £32,869 from the Pelham’s Park Project be made available to St Michael’s Primary School to reflect a contribution from the Department of Education Children’s Centre funding originally allocated to the Pelham’s Park Project.

2. That approval be given to the inclusion of the following projects within the Council’s Capital Programme.

i. Westover Rowing Club Site Re-Development - £40,000 from the Council’s capital fund for statutory compensation from the Westover Rowing Club relocation.

ii. Iford Lane Pavilion Changing Facilities - £320,000 funded through Section 106 funds of £235,000, Corporate Asset Management Group – CAMG - required maintenance funding of £25,000, CAMG Disability Discrimination Act – DDA investment programme of £40,000, and £23,000 through the Leisure Assets Fund.

Reasons for Recommendations:

1. The Executive Gateway Board considers that the proposals are robust and affordable and the associated benefits are deliverable.

2. BH Live Landlord’s Maintenance - Formerly BIC Lifecycle Costs – The inclusion of Leisure Centres and the Pavilion Theatre in the Council's planned maintenance programme supports the formation of BH Live as agreed by Cabinet on March 15th 2010.

3. St Michael’s Primary School Expansion – The proposed change to the project supports the Council’s priorities of ‘Community Action’ - by improving outcomes for children, young people and their families – and ‘Efficient council’ - by getting the most from our assets and partnering with others to provide services more efficiently.

4. Westover Rowing Club Site Re-Development – Improving Pier Approach and the surrounding area is a priority for the Town Centre Master Vision.  The proposed project also supports the Council’s ‘Improving the Environment’ priority - by providing an improved BREEAM compliant building – and the Council’s ‘Efficient Council’ priority - by getting the most from our assets and partnering with others to provide services more efficiently.

5. Iford Lane Pavilion Changing Facilities – This scheme contributes to the Council’s Improving our Environment priority - by improving existing public open space and providing a modern, efficient, accessible building for all site users.

Councillor Michael Filer did not speak or vote on the issue relating to BH Live.

KEY DECISIONS IN ACCORDANCE WITH

                           THE ‘GENERAL EXCEPTION’ RULES

178.                                                             WINTER GARDENS AND PRIORY ROAD CAR PARK - RESOURCES

The Cabinet considered a report on the Winter Gardens and Priory Road Car Park.

Alternative Options Considered and Rejected:–

To develop the site through the Local Asset Backed Vehicle.

DECISION MADE:

Recommended to Council:

1. That the Council enters into a conditional contract for the grant of a long-leasehold interest in the Winter Gardens/ Priory Road Car Park/ Keystone House Car Park site on the terms identified in Section 7 the non-public part of the report.  

2. That the foregoing recommendation is subject to an independent valuation report confirming that the terms noted at paragraph 7 the non-public part of the report represent best consideration.

3. That the deposit be applied to support the Town Centre Vision.

4. That, subject to an indemnity from the adjoining owner in respect of the Council’s costs, to authorise the use of Compulsory Purchase Powers to complete the land assembly for this scheme.

Reasons for Recommendations:

1. It is unlikely that the site would be developed by the LABV within the next two years, particularly as there is a need to undertake site assembly to facilitate a comprehensive redevelopment.  Also, because of the financial structure of the LABV, it would be a further two to three years before the Council would receive any capital receipts for re-investment in new capital projects.

2. The adjoining owner, on the other hand, has now secured most of the land required for a comprehensive scheme and anticipates securing planning consent within 15 months, subject to agreement of terms with the Council.  At that point the contract would become unconditional and the full premium would be payable.  It would also allow the start of the construction contract which would bring more than £60 million of inward investment into Bournemouth, along with new hotels and an all-weather family attraction.

3. A substantial capital receipt in 2012 could assist in the delivery of the Town Centre Vision by providing early finance for land assembly and major infrastructure works.

4. The action proposed is in line with the Council Priority: Better Planning and its Investment Priority: All-Weather Family Attractions.

Note: Under Section 100(A)(4) of the Local Government Act 1972, the public, including the press, was asked to leave the meeting for the consideration of part of the above item on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 3 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighed such interest in disclosing the information.

179.                                                    WATERFRONT DEVELOPMENT - RESOURCES

The Cabinet considered a report seeking approval to proceed with the purchase of the sub-lease of the IMAX Cinema Unit.

The Cabinet Member with the portfolio for Resources in commenting on the outcome of the negotiations paid tribute to Roger Ball, Service Director for Technical Services and Gary Platt, Property Services for their hard work in this and the other projects being considered by the Cabinet today.  

The Chairman also thanked the Task and Finish Group on the Waterfront development for its work.

Alternative Options Considered and Rejected – None.

DECISION MADE:

Recommended to Council:

That the Council proceed with the purchase of the sub-lease of the IMAX Cinema Unit on the terms set out in paragraph 7 the non public part of the report.

Reasons for Recommendations:

1. The Council completed the purchase of the Head Lease of the Waterfront building on 1st February 2010 to support the delivery of the Town Centre Master Vision.

2. The acquisition of the sub-lease of the IMAX cinema unit will secure vacant possession, allowing the building to be mothballed during November, pending its redevelopment.

3. The action proposed is in line with the Council Priority: Better Planning and its Investment Priority: All-Weather Family Attractions.

Note: Under Section 100(A)(4) of the Local Government Act 1972, the public, including the press, was asked to leave the meeting for the consideration of part of the above item on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 3 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighed such interest in disclosing the information.

NON-KEY DECISIONS

180.                                                LOWER CENTRAL GARDENS TRUST: MANAGEMENT AND REPORTING STRUCTURE –                                                         LEADER OF THE COUNCIL

The Cabinet considered a report on the management, reporting and holding arrangements for the Lower Central Gardens Trust proposals responding to the Council’s changing management structure and the contract with BH Live and the accountability and monitoring arrangements for management and maintenance of the Pavilion Theatre and the Lower Gardens.

The Cabinet was informed that the Lower Central Gardens Trust Board at its meeting earlier today had supported the recommendations in the report.

Alternative Options considered and Rejected:-

1. Do nothing.

2. Appoint a separate member of staff to represent the interests of the LCG Trust.

3. Arrange for BH Live and Parks Services to report direct to the Trust Board.

DECISION MADE:

Recommended to Council

1. That the Partnership Manager - BH Live - be designated ‘Client Officer’ and budget holder for the Lower Central Gardens Trust.

2. That a Service Level Agreement – SLA - be prepared between the Lower Central Gardens Trust and the Parks Service for management of the Lower Central Gardens, including capital works, fund-raising and potential leasing arrangements.

3. That income and expenditure for the Lower Central Gardens Trust be adjusted to reflect the revised land boundary at Pier Approach – see plan attached at Appendix 1 to the report.

4. That a SLA also be prepared reflecting the Council’s responsibility to manage service delivery in the Pavilion by BH Live on behalf of the Trust.

Reasons for Recommendations:

1. The settlement with Meyrick Estate has highlighted the need for revised management arrangements for the Lower Central Gardens Trust, to reflect both the Charity Commission guidance and recent case law.   There must be a clear distinction within these arrangements between the Council’s role as Trustee and the delivery of services by the Council acting as Local Authority on behalf of the Trust.

2. It is suggested that the most effective way to co-ordinate activity between the Trust, the Council and BH Live is through the newly designated post of Partnership Manager, which also acts as the Council’s “client officer” for the BH Live contract.

Councillors David Smith, Ian Lancashire and Michael Filer having declared personal and prejudicial interests left the meeting for the above item.

181.                                  BUDGET MONITORING STATEMENTS TO 31 AUGUST 2010 - RESOURCES

The Cabinet considered a report on the budget monitoring statements to 31 August 2010.

The Cabinet was advised of the details of the changes that were required to the Capital Programme because of capital monitoring and capital programme management.

Alternative Options Considered and Rejected – None.

DECISION MADE:

Recommended to Council:

That approval be given to change the Capital Programme to reflect the following changes to capital expenditure:

 Children’s Strategic Services – Children and Families Services Capital Programme – Changes to various projects within the 2010/11 programme as set out in Appendix A(1) to the report reflecting additional funds being devolved.

 Children’s Strategic Services – Children and Families Services Capital Programme – Re-profiling of capital expenditure on various projects resulting in £426,500 slippage into 2011/12 from 2010/11.

 BH Live Partnership – Pelhams Park New Leisure Centre- Re-profiling of capital expenditure resulting in £53,800 slippage into 2011/12 from 2010/11.

 Adult and Community Support – April Court Lift Installation – Increased expenditure of £40,500 in 2010/11 to be met from revenue repairs budget reserve.   

 Children’s Strategic Services – Children and Families Services Capital Programme – Reduction to budgets of various projects within the 2010/11 and 2011/12 programme due to grant cuts as set out in Appendix A(5) to the report totalling £628,000 and £1,743,000 respectively.

 Children’s Social Care – Additional expenditure of £34,680 in 2010/11 on various projects to be funded from the Aiming High for Disabled Children’s Capital Grant.

Reason for Recommendation:

To follow the Council’s Financial Framework requiring changes to the Capital Programme to be reported to and agreed by the Council.

182.                                 TOWN CENTRE VISION – NCP CAR PARK, EXETER ROAD – RESOURCES

The Cabinet considered a report on the Town Centre Vision – NCP Car Park, Exeter Road.

Alternative Options Considered and Rejected:

Not to seek to purchase this land for the delivery of the Town Centre Vision.

DECISION MADE:

Recommended to Council:

1. That a feasibility study be undertaken for a mixed use scheme that incorporates a public transport hub on the site of the NCP Car Park in Exeter Road/ Exeter Crescent.

2.That the use of Compulsory purchase powers be approved in principle, subject to a viable scheme being approved by Cabinet.

3. That Officers be authorised to enter into negotiations with National Car Parks Ltd. for the acquisition of this site, on terms to be approved by Cabinet.

Reasons for Recommendations:

1. On 28th July 2009 Council agreed the key objectives for the Town Centre Vision.  These objectives include:

 Better planning of development areas in the town centre so that mixed uses, infrastructure and design work together.

 A dramatic public realm and street scene where people enjoy walking, lingering and al fresco eating.

      The vision also seeks to encourage use of public transport to reduce congestion.  

2. A development of a public transport hub as part of a mixed use development on the NCP Car Park in Exeter Road will assist in the delivery of these objectives.

Note: Under Section 100(A)(4) of the Local Government Act 1972, the public, including the press, was asked to leave the meeting for the consideration of part of the above item on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 3 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighed such interest in disclosing the information.

SECTION II – BUSINESS DECIDED UNDER DELEGATED POWERS

183.                                                                         DECLARATIONS OF INTEREST

The following declarations of interest and statements were made:

 Councillor Nicola Greene – Agenda Item 8 – Report from Executive Gateway Board – Personal interest as parent of child attending St. Michael’s CE VC Primary School.

 Councillor Michael Filer – Agenda Items involving the BH Live Trust – Personal and Prejudicial interest as a Trustee of the BH Live Trust.

 Councillors David Smith and Ian Lancashire – Agenda Items involving the Lower Central Gardens Trust – Personal and Prejudicial as Trustees of the Lower Central Gardens Trust Board.

 Councillor Ted Taylor – Agenda item 11.5 Fernheath Play Association – Grant Funding - Personal and Prejudicial interest by reason of his position as President of the Fernheath Play Association.

 Councillor Beryl Baxter – Agenda Item 11.5 Fernheath Play Association – Grant Funding – Personal Interest as a Member of the Fernheath Play Association.

Councillor John Beesley made the following Statement in respect of the reports on the Winter Gardens and Priory Road Car Park –

I understand from Officers that the adjoining land owner for the proposed agreement is being advised by Planning Solutions, a planning agent company.

In my own case and for complete transparency in view of the current complaints situation, I have weighed up my position and do not regard it to be different to that of any other member in terms of the discussion of this item.

However, consistent with previous advice received and declarations made by me, I would have a personal interest to declare in respect of a particular individual involved in this company were they to be representing their client to the Council on a future occasion.

184.                                                                             SIGNING OF MINUTES

DECISION MADE:

That the minutes of the meetings held on 8 September 2010 be confirmed and signed.

 Reason for Decision:

To comply with the Council’s Constitution.

185.                                                                             PUBLIC QUESTIONS

No requests to ask public questions had been received for this meeting.

186.                                                                               DEPUTATIONS

Town Centre Area Action Plan – Preferred Options Consultation Document

The Service Director for Law and Governance reported requests for deputations from the following in respect of the Town Centre Area Action Plan – Preferred Options Consultation Document:

 Representative from the Friends of the Earth

 Deputy Chairman of the Throop, Muscliff, Strouden, Townsend and Holdenhurst Area Forum.

DECISION MADE:

That, under Procedure Rule 22(3)(b), the deputations be heard.

A representative of the Friends of the Earth commented on the Town Centre Area Action Plan – Preferred Options Document – Public Consultation and in particular the reference to Park and Ride in section 3.6 of the document.  She requested that the Cabinet endorse the recommendation from the Local Development Framework Steering Group on 4 October 2010 for this section to be reworded.

The Deputy Chair of the Throop, Muscliff, Strouden, Townsend and Holdenhurst Area Forum commented on the Town Centre Area Action Plan – Preferred Options Document – Public consultation and in making his statement on Section 3.6 Park and Ride requested that references to a Park and Ride site at Riverside Avenue be deleted and the recommendation from the Local Development Framework Steering Group on 4 October 2010 be endorsed.

DECISION MADE:

That the views of the deputations be noted and, under Procedure Rule 22(3)(b), taken into consideration when the appropriate Agenda item is discussed.

187.                                         MATTERS REFERRED TO THE CABINET FOR RECONSIDERATION UNDER THE COUNCIL’S                                                  CALL-IN PROCEDURES

There were no items.

188.                                                     REPORTS FROM OVERVIEW AND SCRUTINY PANELS

Economy and Tourism Overview and Scrutiny Panel

The Cabinet was informed that on 5 October 2010 the Economy and Tourism Overview and Scrutiny Panel had agreed:

 That the Cabinet be informed of this Panel’s continued support for  the flexible approach being taken by the Service Director for Housing  Landlord and Parks in achieving the budget savings target for Parks of  £1.4million over the two year period (2010/11 and 2011/12), and in  particular the Panel’s support for the Service Director’s request to  amend the targets to achieve a £700,000 saving in each year.

Alternative Options Considered and Rejected – None.

DECISION MADE

That the recommendation from the Economy and Tourism Overview and Scrutiny Panel as set out above be endorsed and the Service Director for Housing Landlord and Parks thanked for the work that he has undertaken.

Reason for Decision:

To consider the recommendation from the Economy and Tourism Overview and Scrutiny Panel.

189.                                                                 REPORTS FROM STATUTORY BOARDS

There were no items.

NON-KEY DECISION

190                                            FERNHEATH PLAY ASSOCIATION – GRANT FUNDING – EDUCATION AND                                                     CHILDREN’S SERVICES

The Cabinet considered a report on proposals for grant funding for the Fernheath Plan Association.

The Cabinet Member with the portfolio for Education and Children’s Services:

 emphasised that the Council recognised the work that the Fernheath Play Association does and the benefit for the community.

 highlighted the need for the Association to work in partnership with the Council with six monthly reports.

The Cabinet Member with the portfolio for Resources:

 explained that the proposal for the grant to continue for 2011/12 and 2012/13 was subject to the grant agreement being monitored, regular six monthly reports and officers working with the Association to help them raise income and secure sustainable funding arrangements to reduce or remove the use of Council grants.

 told Members that the grant funding for the above two financial years would be financed from corporate revenue funding referred to in paragraph 5.11 of the report on the Budget Monitoring Statements to 31 August 2010 considered by the Cabinet today.

Alternative Options Considered and Rejected – None.

DECISION MADE:

1. That a grant of £35,000 be provided to Fernheath Play Association in 2011/12 and in 2012/13.

2. That Officers be instructed to monitor the continuation of the Grant Agreement with Fernheath Play Association and report six monthly to the portfolio holders for Education and Children’s Services and Resources.

3. That this grant be funded from corporate revenue funding part of which will be allocated from the Recession Fund.

4. That officers be instructed to continue to work with the Fernheath Play Association to help them raise income and secure sustainable funding arrangements to reduce or remove the use of Council grants.

Reasons for Decisions:

1. Following Council’s decision to review the £35,000 grant to Fernheath Play Association from 2011/12, and help them find alternative funding arrangements, officers commissioned Princecroft Willis Accountants to provide business advice and sustainability planning to the Association.

2. The advice received so far indicates that the Association needs to review its “no charge” policy and, in common with other out of school and play providers that operate as sustainable businesses,  seek funding from other sources including user fees.

3. Without the Council grant next year it is unlikely the Association will be able to continue to operate in its current form.

1. Fernheath Play Association provides a valuable children’s service to families in Bournemouth.

5. There is a Grant Agreement in place with Fernheath Play Association and this will need to continue to be monitored so that the conditions of the grant are met.

191.                   MINUTES OF THE LOCAL DEVELOPMENT FRAMEWORK STEERING GROUP – 4 OCTOBER 2010

The Cabinet received the minutes of the meeting of the Steering Group held on 4 October 2010.

Alternative Options Considered and Rejected – None.

DECISION MADE:

That, with the exception of Clause 13 - see Clause 192 below, the minutes of the meeting of the Steering Group, as set out at Appendix A to these minutes, be received.

Reason for Decision:

To comply with the Council’s Constitution.

192             TOWN CENTRE AREA ACTION PLAN – PREFERRED OPTIONS CONSULTATION – COMMUNITIES AND                     PLANNING

The Cabinet considered a report on the Town Centre Area Action Plan – Preferred Options Document Public Consultation

In considering the report, the Cabinet had regard to the:

 recommendations made by the Local Development Framework Steering Group on 4 October 2010.

 views of the deputation at Clause 191 above.

The Cabinet Member with the portfolio for Communities and Planning in presenting the report thanked the two deputees and hoped that they would respond to the consultation exercise.

Alternative Options considered and rejected – None.

DECISION MADE:

1. That authority be given to the publication of the Town Centre Area Action Plan Preferred Options Document and accompanying Sustainability Appraisal, as set out in Appendix 1 to the report and amended by the recommendations of the Local Development Framework Steering Group on 4 October 2010, for a period of public consultation during November/December 2010.

2. That authority be delegated to the Service Director for Planning and Transport, or his nominated representative for minor text alterations/corrections, final design and layout and preparation of supporting publicity prior to consultation.

Reason for Decisions:

To enable the development of the Town Centre Area Action Plan to proceed in an effective, timely and inclusive manner in accordance with planning process requirements.

                                    KEY DECISION ON MATTER INCLUDED  IN THE COUNCIL’S FORWARD PLAN

193.          MEDIUM TERM FINANCIAL PLAN 2011/12-2015/16 AND 2011/12 BUDGET OPTIONS UPDATE - RESOURCES

The Cabinet considered:

 a report on the Medium Term Financial Plan for 2011/12 to 2015/16 and Budget Options Update for 2011/12.

 the update on the Children’s Social Care Budget.  

 an addendum to the report which shows how the Council’s Efficiency Strategy has assisted the Council to be better prepared for cuts in government grants and enhance its financial position

Alternative Options Considered and Rejected – None at this stage.

DECISION MADE:

1. That the progress on preparing the 2011/12 Medium Term Financial Plan and Revenue Budget be noted.

2. That agreement with basic assumption around Council Tax and Government Grants as set out in Section 6 of the report be confirmed as a basis for progressing the Medium Term Financial Plan.

3. That the proposed treatment of Pay and Price inflation budgets and the impact of tighter devolved cash budgets as set out in section 7.2 of the report be noted.

4. That progress on completion of the Budget Guidance information as set out in section 7.3 of the report and the need for further detailed updates be noted.

5. That the proposed reduction to the Superannuation fund contribution subject to further information from the Pension Fund actuaries be noted.

6. That in respect of the update on the Children’s Social Care Budget:

a. the current position regarding budget pressures being experienced within Social Care be noted.

b. the current position regarding looked after children and the actions taken to mitigate the budget pressures arising from these service demands be noted.

c. the current pressures on social work capacity and the likely impact this may have on budget pressures be noted.

 Reason for Decision:

 1. To update the Medium Term Financial Plan and budget strategy for 2011/12 – 2015/16.

 2. To consider arrangements to deliver a balanced budget.

 3. To consider the budget risks and the action required to manage them.

194.                        MATTERS REFERRED FOR INCLUSION ON THE PUBLISHED FORWARD PLAN

Alternative Options Considered and Rejected – None.

DECISION MADE:

1. That the following issues be included on the Council’s Forward Plan because they involve the making of a ‘key decision’ under the Council’s criteria:

                        COMMUNITIES AND PLANNING

Reallocation of the Local Area Agreement 1 Performance Reward Grant - To consider a report seeking approval of the recommendations being made by the Bournemouth 2026 Investing in Communities Board and Vision Board in relation to the reallocation of the Local Area Agreement 1 Performance Reward Grant at the Cabinet meeting on 15 December 2010.

Article 4 Direction – Houses in Multiple Occupation - To consider a report on the introduction of an Article 4 Direction to remove permitted development rights for the change of use from Class C3 to Class C4 of the Town and Country Planning (General Permitted Development) (Amendment) (No2) (England ) Order 2010 at the Cabinet meeting on 17 November 2010.

Zero Tolerance Policy to irresponsible dropping of litter - To consider a report on a Zero Tolerance Policy to irresponsible dropping of litter at the Cabinet meeting on 17 November 2010.

LEADER OF THE COUNCIL

Town Centre Master Vision – Local Asset Backed Vehicle – Final Business Case - To consider a report on the final business case for the Town Centre Master Vision Local Asset Backed Vehicle at the Cabinet meeting on 17 November 2010.

2. That the following changes to the Forward Plan be approved:

EDUCATION AND CHILDREN’S SERVICES

Children and Families Services Capital Programme 2010/11 - Report seeking approval for changes to the Children and Families Services Capital Programme for 2010/11 now expected to be considered by the Cabinet on 17 November or 15 December 2010 – previously scheduled for 13 October 2010.

ECONOMY, LEISURE AND TOURISM

Leisure Strategy – Report on an updated Leisure Strategy incorporating the Green Spaces Strategy, Seafront Strategy and outcome of the Sport and Recreation Facilities review now expected to be considered by the Cabinet on 17 November 2010 – previously scheduled for 13 October 2010.

ENVIRONMENT AND TRANSPORT

Carbon Reduction Commitment – Energy Efficiency Scheme - Report seeking recognition of the scheme and its requirements now expected to be considered by the Cabinet on 17 November 2010 – previously scheduled for 13 October 2010.

Reason for Decisions:

To comply with the statutory requirement to produce a revised Forward Plan on a monthly basis.

Note the meeting was adjourned from 12.22 pm – 12.30 pm

195.           MATTERS THAT ARE NOT INCLUDED ON THE COUNCIL’S FORWARD PLAN UNDER THE ‘SPECIAL                           URGENCY’ RULES

There were no items.

NON-KEY DECISIONS

196.                                  BUDGET MONITORING STATEMENTS TO 31 AUGUST 2010 - RESOURCES

The Cabinet considered a report which enclosed the budget monitoring statements for the period 1 April to 31 August 2010.

Alternative Options Considered and Rejected – None.

DECISION MADE:

1. That the monitoring statements for the period 1 April to 31 August 2010 be noted.

2. That the identified budget pressures be discussed at cluster meetings and action plans prepared under the direction of the Executive Directors.

3. That the application of corporate revenue funding in 2010/11 as set out in paragraph 5.11 of the report be approved

Reasons for Decisions:

1. To ensure that the overall financial management and financial standing of the Council is subject to effective review and that appropriate management action is taken to deliver spend within the approved budget.

2. To ensure compliance with the Financial Framework.

197.                                             MEMBER CHAMPIONS – LEADER OF THE COUNCIL

 

Alternative Options Considered and Rejected – None.

DECISION MADE:

That the appointment of the following Member Champions for the period until June 2011 be ratified:

 

 Equality and Diversity – Councillor Lynda Price

 Arts, Design and Heritage – Councillor Philip Stanley-Watts

Reason for Decisions:

To appoint member champions for 2010-11.

Councillor Nicola Greene left at 1.30 pm

Councillor Lynda Price left at 1.40 pm

The meeting closed at 13.53 pm   

   

_____________________________________________

Contact: Karen Tompkins, Senior Democratic Services Officer

 01202 451255  karen.tompkins@bournemouth.gov.uk

 

Please note that the next ordinary meeting of the Cabinet will take place at the Town Hall at 10.30 a.m. on Wednesday 17 November 2010.

It is recommended that you check this information with David Harrison nearer the scheduled date of the next meeting in case the arrangements have been changed.

                                                                                                                                                                                  APPENDIX A

  LOCAL DEVELOPMENT FRAMEWORK STEERING GROUP

4 October 2010

PRESENT: Councillor Robert Lawton - Chairman; Councillors John Beesley, Richard Smith, Ted Taylor, Michael Weinhonig and Ron Whittaker.

REPRESENTATIVE OF BOURNEMOUTH CIVIC SOCIETY: Ken Mantock – Vice-Chairman.

REPRESENTATIVES FROM BOURNEMOUTH 2026: Martin Broad – Health and Wellbeing Forum; Blair Crawford – Investing in People Forum.

ALSO PRESENT: Councillor David Smith – Cabinet Member with portfolio for Communities and Planning.

The meeting commenced at 4.00 p.m.

Note: To see a copy of the reports that were considered by the Local Development Framework Steering Group at this meeting please visit: http://www.bournemouth.gov.uk/main/Minutes_Agendas/LDF_reports.asp

SECTION I - BUSINESS RECOMMENDED TO THE CABINET

13. TOWN CENTRE AREA ACTION PLAN – PREFERRED OPTIONS DOCUMENT – PUBLIC CONSULTATION    

The Steering Group considered a Cabinet report on the Town Centre Area Action Plan and the Preferred Options Document for public consultation.  Attached to the report were the following documents:

 Bournemouth Town Centre Area Action Plan – Preferred Options Consultation Document.

 Bournemouth Town Centre Area Action Plan Preferred Options Consultation Document - Sustainability Appraisal.

The preparation of the Preferred Options Consultation Document was the next step towards the delivery of the Town Centre Master Vision.  The views expressed so far through the consultation on the Issues and Options stage – April/May 2009 – and the Detailed Options stage – January/February 2010 – had influenced the preparation of the Preferred Options Consultation Document.

Members were also circulated with proposed changes to the documents that had been circulated with the agenda.  Members were advised that the report and the attached documents would be considered by the Cabinet on 13 October 2010 together with any recommendations from this Steering Group.

  The Steering Group consider the various chapters in the Preferred Options Consultation Document and agreed a number of changes.

Alternative Options Considered and Rejected – None.

RECOMMENDED TO CABINET:

DECISION MADE:

  1. That the publication of the Town Centre Area Action Plan Preferred Options Document and accompanying SustainabilityAppraisal attached to the report be authorised for a period of public consultation during November/December 2010 subject to the following changes:

                                                                      Chapter 1.0 – Introduction

Section 1.3 The word “determine” to be replaced by the word “deciding” in the second sentence.

Section 1.4 The words “A better place to socialise” to be added to the descriptive illustration.

Section 1.5 The word “to” to be inserted before the word “the” in the last line of Objective 2.

Section 1.5 Objective 5 to be amended by the insertion of the word “school” at the end of the sentence.  

Section 1.5 Objective 7 to be reworded to read “Support a mix of quality new homes that will encourage the number and diversity of people living in the town centre.”

Section 1.5 Objective 8 to be reworded to read “Support community facilities and services associated with the needs of the population.”

Section 1.5 Objective 11 to be reworded to read “Make it easy for pedestrians, disabled people, cyclists and public transport to move around whilst still maintaining necessary access for private vehicles and to include, where possible, improved bus layover facilities.”

                                                        Chapter 2.0 – Where are things happening

Section 2.2 NCP Car Park, Exeter Road – delete words “ground floor” in first bullet point and reword fourth bullet point to read “Heights to respect and not to overshadow the Gardens.”

Section 2.2 Bath Road North – Final bullet point to be reworded to read “Should include a public car park and could include a shop mobility facility.”

Section 2.2 Central – Fourth bullet point to be amended to read “Development should be provided in a number of separate buildings.”

Section 2.2 Cotlands Road – Under the sub option bullet point add the words “if the Bournemouth Plan is changed to permit it.  See Section 4, p33 and p35 for more information.”

Section 2.3 The list of other important sites to be amended to include road names and details of extant planning approvals.

Section 2.3 Under Site F – Christchurch Road, add the words “Sub option – Also allow student accommodation if the Bournemouth Plan is changed to permit it.  See Section 4, p33 and p35 for more information.”

Section 2.3 Under Site I – St. Paul’s Place, add the words “Sub option – Also allow student accommodation if the Bournemouth Plan is changed to permit it.  See Section 4, p33 and p35 for more information.”

Section 2.3 Figure 2.3 to be amended to include location of site Q with remaining sites to be re-lettered as necessary.

                                                                    Chapter 3.0 – Getting around

Section 3.2 Reference to be made in the over-arching approach to access for disabled people.

Section 3.3 The word “better” to be inserted before the word “health” in the last sentence of the first paragraph.

Section 3.3 Under the sub-section headed Preferred Approach: Walking, the word “occupied” to be inserted before the word “buildings” in the last bullet point.

Section 3.5 The sixth paragraph of this section relating to public transport to be amended by the insertion of the words “to include widening of pavements” after the word “improvements” in the second line. The last paragraph of this section to be subtitled Taxis and, in this paragraph, the words “and the Licensing Board” to be inserted after the word “operators” in the final sentence.

Section 3.6 This section headed Park and Ride to be reworded as follows:

 Park and Ride will have an important future role to play intercepting long stay visitors and commuters from driving into the heart of the town centre.  The Bournemouth Plan has identified that a Park and Ride service should be introduced and subject to additional investigation, further Park and Ride sites could also be provided.  These sites will serve the town centre.

 This approach would help us achieve Objectives 10, 11, 12 and 13.    

                              Chapter 4.0 – How planning policies will change

Section 4.12 The word “viable” to be inserted before the word “tourism” in the first line of paragraph two of this section.

Section 4.14 Map to be inserted at figure 4.5 showing shopping frontages.  The tabled map to be amended to show:

 an extension of the blue core shopping frontage line in Westover Road

 the insertion of blue core shopping frontage on the NCP Car Park, Exeter Road  

2. That authority be delegated to the Service Director for Planning and Transport or his nominated representative for minor text alterations/ corrections, final design and layout and preparation of supporting publicity prior to consultation.

Reason for Recommendations:

To enable the development of the Town Centre Area Action Plan to proceed in an effective, timely and inclusive manner and in accordance with planning process requirements.

SECTION II – BUSINESS DECIDED UNDER DELEGATED POWERS

14.  APOLOGIES

Apologies were received from

15.  SUBSTITUTE MEMBERS

The Service Director for Law and Governance reported that, in line with Procedure Rule 75, notice had been received that Councillors Richard Smith and Ted Taylor had been appointed as substitute Members for this meeting of the Steering Group to replace Councillors Pat Lewis and Beryl Baxter respectively.

16.  DECLARATIONS OF INTEREST

There were no declarations of interest made.

17.  MINUTES OF THE MEETING HELD ON 21 MAY 2010

DECISION MADE:

That the minutes of the meeting held on 21 May 2010 2009 be agreed as a true and accurate record.

18.  PUBLIC QUESTIONS

No requests to ask public questions had been received for this meeting.

18.  DEPUTATIONS

A. Throop, Muscliff, Strouden, Townsend and Holdenhurst Area Forum

The Service Director for Law and Governance reported a request from the Throop, Muscliff, Strouden, Townsend and Holdenhurst Area Forum asking the Steering Group to receive a deputation in respect of the Town Centre Area Action Plan Preferred Options Consultation Document.

DECISION MADE:

That under Procedure Rule 22(3)(b), the deputation be heard.

The Deputy Chairman of the Area Forum referred to Section 3.6 of the Preferred Options Consultation Document relating to Park and Ride.  He stated that the Forum recognised the existence of a planning consent for the Park and Ride site by a Government Inspector but asked for an ongoing commitment from Councillors to challenge these plans at every opportunity, particularly as the Planning Board had gone on record as saying the decision was wrong.

 B. Friends of the Earth  

The Service Director for Law and Governance reported a request from the Friends of the Earth asking the Steering Group to receive a deputation in respect of the Town Centre Area Action Plan Preferred Options Consultation Document.

DECISION MADE:

That under Procedure Rule 22(3)(b), the deputation be heard.

A representative of the Friends of the Earth referred to Section 3.6 of the Preferred Options Consultation Document relating to Park and Ride.  The representative expressed similar views as those made above in the deputation from the Throop, Muscliff, Strouden, Townsend and Holdenhurst Area Forum.

_____________________________________________

The Chairman thanked both deputations for attending the meeting and stated that their comments had been noted by the Steering Group.  It would not be possible for the Steering Group to consider those comments today and both organisations would be in a position to re-iterate their views as part of the formal consultation on the Preferred Options Document.  The Chairman mentioned that both organisations could also make a deputation request to the meeting of the Cabinet on 13 October 2010.

_____________________________________________

19.  REGIONAL SPATIAL STRATEGIES

Councillor Ron Whittaker asked whether any further information was available on the legal challenge which had been made against the decision of the Secretary of State for Communities and Local Government to scrap the introduction of Regional Spatial Strategies.

The Policy, Conservation and Design Manager, Phil Robinson, stated that he would investigate the current position and provide an email update to the Members of the Steering Group.

20.  SECTION 106 TRANSPORT CONTRIBUTIONS

The Chairman reported that the Steering Group at its next meeting would review the position regarding the Council seeking Section 106 transport contributions from developers in the light of questions raised about the lawfulness of the current arrangements.  The review would take account of legal advice which had been received on the matter.

Councillor John Beesley arrived at 4.09 p.m.

The meeting closed at 5.55 p.m.

Contact: David Harrison, Principal Democratic Services Officer

                  01202 451104

                  david.harrison@bournemouth.gov.uk

Website: www.bournemouth.gov.uk