Agenda and minutes

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Contact: Clare Rendell Email: c.rendell@somersetwestandtaunton.gov.uk 

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Items
No. Item

59.

Apologies

60.

Declarations of Interest

    To receive and note any declarations of disclosable pecuniary or prejudicial or personal interests in respect of any matters included on the agenda for consideration at this meeting.

     

    (The personal interests of Councillors and Clerks of Somerset County Council, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.)

     

    Additional documents:

    Minutes:

    Members present at the meeting declared the following personal interests in their capacity as a Councillor or Clerk of a County, Town or Parish Council or any other Local Authority:-

     

    Name

    Minute No.

    Description of Interest

    Reason

    Action Taken

    Cllr C Booth

    All Items

    Wellington and Taunton Charter Trustee

    Personal

    Spoke and Voted

    Cllr S Coles

    All Items

    SCC & Taunton Charter Trustee

    Personal

    Spoke

    Cllr R Lees

    All Items

    Taunton Charter Trustee

    Personal

    Spoke and Voted

    Cllr L Lisgo

    All Items

    Taunton Charter Trustee

    Personal

    Spoke

    Cllr J Lloyd

    All Items

    Wellington & Sampford Arundel

    Personal

    Spoke

    Cllr C Palmer

    All Items

    Minehead

    Personal

    Spoke

    Cllr D Perry

    All Items

    Taunton Charter Trustee

    Personal

    Spoke

    Cllr M Peters

    All Items

    Taunton Charter Trustee

    Personal

    Spoke

    Cllr P Pilkington

    All Items

    Timberscombe

    Personal

    Spoke and Voted

    Cllr H Prior-Sankey

    All Items

    SCC & Taunton Charter Trustee

    Personal

    Spoke

    Cllr M Rigby

    All Items

    SCC & Bishops Lydeard

    Personal

    Spoke and Voted

    Cllr F Smith

    All Items

    Taunton Charter Trustee

    Personal

    Spoke and Voted

    Cllr F Smith-Roberts

    All Items

    Taunton Charter Trustee

    Personal

    Spoke and Voted

    Cllr R Tully

    All Items

    West Monkton

    Personal

    Spoke

    Cllr B Weston

    All Items

    Taunton Charter Trustee

    Personal

    Spoke

    Cllr L Whetlor

    All Items

    Watchet

    Personal

    Spoke

    Cllr G Wren

    All Items

    Clerk to Milverton PC

    Personal

    Spoke

     

    Councillor M Kravis further declared a prejudicial interest on agenda items 7 and 14 and left the meeting for the debate.

61.

Public Participation

    The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.

     

    For those members of the public who have submitted any questions or statements, please note, a three minute time limit applies to each speaker and you will be asked to speak before Councillors debate the issue.

     

    Temporary measures during the Coronavirus Pandemic

    Due to the Government guidance on measures to reduce the transmission of coronavirus (COVID-19), we will holding meetings in a virtual manner which will be live webcast on our website. Members of the public will still be able to register to speak and ask questions, which will then be read out by the Governance and Democracy Case Manager during Public Question Time and will either be answered by the Chair of the Committee, or the relevant Portfolio Holder, or be followed up with a written response.

    Additional documents:

    Minutes:

    Mrs Linda Brierley submitted a letter on agenda item 7 - A proposal for delivering future single rough sleeper and homelessness accommodation in SWT.

     

    Canonsgrove and its effect on Trull and Staplehay

     

    Following consideration of the matter at the Scrutiny meeting on 4th November 2020, Officers were asking the Executive to approve the preparation of an Options Appraisal in relation to future permanent homeless accommodation across the Council area.

     

    We attach Trull Residents’ Group’s representations to the Scrutiny committee for your information. We support the Scrutiny Committee’s recommendation that this must be a true Options Appraisal, with full engagement of the local community.

     

    The Scrutiny Committee agreed with us that the report from Simon Lewis of Somerset West and Taunton Council (SWT) was wrongly focused on providing a business case for the ongoing use of Canonsgrove. It was reassuring to hear Members say that any suggestion of a fait accompli should be ‘dismissed immediately’.

    Councillors also recognised that the Options Appraisal must be led by technical evidence. How then could SWT Officers propose to undertake the Options Appraisal by December 2020, with a business case provided by February 2021? Likewise, how could Officers already be bidding for ‘funding in 2021/22 to support delivery of our preferred accommodation options’ before the Options Appraisal had been undertaken? This looked like the fait accompli which Councillors had rightly rejected.

     

    Any presumption towards Canonsgrove in the Options Appraisal would overlook the potential for the use or re-use of other sites in the town and would seem to enable procedural challenge via the Local Government Ombudsman and other routes. Given that SWT was looking at the provision of a new or significantly-altered building, and that the Council was in the process of identifying development sites across the district via the new Local Plan, what was actually needed was a wide-ranging, transparent and properly-evidenced review, taking account of all relevant matters including the independent views of the community.

     

    As noted in our earlier letter, it is also wrong for Trull Parish Council’s Canonsgrove Working Group to be excluded from deliberations. Comeytrowe Parish Council should also be consulted. Local residents should be party to an open and evidenced Options Appraisal which takes account of all relevant matters and ongoing/future costs in determining which site(s) were most appropriate for future homeless accommodation in the SWT area.

     

    Councillors of the Scrutiny Committee identified that Anti-Social Behaviour (ASB) was the biggest issue in bringing forward new provision for homeless people. Since our last letter, there had sadly been a significant worsening of public safety nearby, with confirmed burglaries (one with a vulnerable young person in the building at the time), bicycle thefts, defecation in residential streets, and ongoing problems with intoxicated people creating road safety issues between the site and town centre. There were four blue-light responses to incidents at Canonsgrove in just one day last weekend.

     

    The response of Officers of SWT and the YMCA that ‘you can’t prove these issues relate to Canonsgrove’ was often  ...  view the full minutes text for item 61.

62.

Executive Forward Plan pdf icon PDF 64 KB

    To receive items and review the Forward Plan.

    Additional documents:

    Minutes:

    (Copy of the Executive Forward Plan, circulated with the agenda).

     

    Councillors were reminded that if they had an item they wanted to add to the agenda, that they should send their requests to the Governance Team.

     

    Resolved that the Executive Forward Plan be noted.

63.

Interim Policy Statement on planning for the Climate Emergency - Draft for public consultation pdf icon PDF 350 KB

    This matter is the responsibility of Executive Councillor for Planning and Transportation, Councillor Mike Rigby.

     

    The Statement has been produced in response to the Council’s Climate Emergency declaration and identification of an action within the Carbon Neutrality and Climate Resilience Action Plan.

    Additional documents:

    Minutes:

    During the discussion, the following points were raised:-

    ·       Councillors welcomed the report.  They further highlighted that Climate Change was an important issue and the report showed that the Council was taking it seriously.

    ·       Councillors requested clarification on the local validation list mentioned in section 4.24 of the report.

    Clarification was given and officers understood that it was slightly confusing as the validation list was a separate document.

    ·       Councillors agreed that a good debate was had by the Scrutiny Committee on the report and highlighted that officers needed to consult properly within the Covid safety guidelines.

    ·       Concern was raised on the section within the report that mentioned parking and public transport and Councillors highlighted the difficulty of using public transport in the former West Somerset area of the district.

     

    Resolved:-

    ·       That Executive Committee approved the Draft Interim Policy Statement on planning for the Climate Emergency for public consultation; and

    ·       That responsibility for any minor textual and visual changes and enhancements prior to publication for consultation were delegated to the Director for Development and Place in consultation with the Portfolio Holder for Planning and Transportation.

64.

Somerset Electric Vehicle Charging Strategy pdf icon PDF 681 KB

    This matter is the responsibility of Executive Councillor for Climate Change, Councillor Peter Pilkington.

     

    The Strategy explores a number of issues around EV charging, evidences and assesses different options, and recommends how the Somerset local authorities should work in partnership moving forwards in order to deliver and enable an EV charging network to come forward at pace to support our carbon neutrality ambitions.

    Additional documents:

    Minutes:

    During the discussion, the following points were raised:-

    ·       Councillors were delighted to see the report coming forward.

    ·       Councillors highlighted that not all charging points would be council led but it was a good document to assist in the implementation process.

    ·       Councillors queried how and where the charging points would be installed.

    Council owned car parks would be looked at and then work with other partners to encourage and enable delivery of destination and on-street charge points in other locations across the district. The Strategy would inform these conversations, but the Council would almost certainly not be the body delivering these.

    ·       Concern was raised on areas that had very limited or lack of off-street parking.

    ·       Concern was raised on other types of fuel being introduced in the future.

    It was noted that the report considered alternative fuels including the role that hydrogen was currently expected to play. Working to bring forward EVs was seen as a least regret option.

    ·       Councillors queried how could planning policy be changed to implement all the positive parts of the document.

    The Climate Positive Planning document discussed in the previous item referred to how we could use existing planning policies to ensure EV charge points were implemented in new developments. More explicit reference in planning policy would be explored through the new Local Plan, although it was noted that the Government had consulted previously on amending Building Regulations to make charge points a mandatory requirement.

    ·       Councillors wanted all local areas to be included and encouraged to take part.

    Officers would liaise with local town/parish councils and chambers of commerce etc to assist them.

    ·       Councillors queried how payment would be made for the charging points.

    There are several apps available to make payments.

     

    Resolved that the Executive recommended to Full Council that the Somerset Electric Vehicle Charging Strategy was adopted and brought forward into the Council’s Carbon Neutrality and Climate Resilience Action Plan.

65.

A proposal for delivering future single rough sleeper and homelessness accommodation in SWT pdf icon PDF 297 KB

    This matter is the responsibility of Executive Councillor for Housing, Councillor Fran Smith.

     

    To propose an approach to identify our future requirements for single homeless and rough sleeper accommodation in SWT and to evaluate and bring back recommendations on the best options to deliver against this need.

    Additional documents:

    Minutes:

    During the discussion, the following points were raised:-

    ·       Councillors thanked officers for their work on the Proposal.

    ·       Councillors were aware of the issues experienced at the site and advised that officers were trying to rectify those.

    ·       Councillors requested clarification on section 1.4 in the report on adopting new voluntary responses and whether it would be going beyond the statutory response.

    The Assistant Director for Housing and Communities advised that the scheme was set up to assist homeless people and was part of the legislation put in place during the Covid Pandemic.  Councillors needed to decide whether the Council should continue to assist those people going forward.

    ·       Concern was raised that the scheme would take management time away from other important projects.

    ·       Councillors queried whether there was accommodation available for the residents once they needed to move on from Canonsgrove.

    The Assistant Director for Housing and Communities advised that the scheme would assist the residents to find accommodation.

    ·       Councillors queried whether there would be a separate piece of work carried out for helping homeless families.

    The whole scheme would be used to find out what the wider need was and to get feedback on the services provided to all homeless cases.

    ·       Councillors agreed that the multi-agency work carried out at Canonsgrove was positive and helped the vulnerable people in the district who required support.

     

    Resolved that the Executive noted the proposed steps and timeline outlined in 4.16 including the resource requirements to undertake the options appraisal proposed to bring back a recommended solution.

66.

Staplegrove New Community - Housing Infrastructure Fund pdf icon PDF 265 KB

    This matter is the responsibility of Executive Councillor for Planning and Transportation, Councillor Mike Rigby.

     

    A loan arrangement between Somerset West and Taunton Council and the Staplegrove developers will need to be agreed before HIF funding can be drawn down from Homes England.  These are subject to ongoing negotiations and officers need to ensure they align with the requirements of the Homes England Grant Funding Agreement.

    Additional documents:

    Minutes:

    During the discussion, the following points were raised:-

    ·       Councillors were pleased to support the recommendations.

    ·       Councillors requested assurance that the project would only go ahead if the Council received the funding from Homes England and could complete the build within the timescales quoted.

    The Strategy Specialist gave the councillors reassurance about the funding.

     

    Resolved that the Executive approved:-

    ·       Delegated authority to the Director of Development and Place and s151 Finance Officer, in consultation with the Planning Portfolio Holder, to agree and enter into a suitable loan facility between Somerset West and Taunton and the Staplegrove developers (or alternatively the landowners with appropriate covenants to bind developers when they were appointed), to ensure draw down of the HIF funding in line with the requirements of the Homes England Grant Funding Agreement; and

    ·       A Supplementary Budget of £14.2m was added to the General Fund Capital Programme for the provision of the loan funding to the developer, dependent on the agreement of terms.

67.

Amendment to the Private Sector Renewal Policy - Disabled Facilities Grants, Repairs Assistance and New Special Purpose Grant pdf icon PDF 349 KB

    This matter is the responsibility of Executive Councillor for Housing, Councillor Francesca Smith.

     

    The report seeks Member approval for amendments to the Somerset West Private Sector Renewal Policy.

    Additional documents:

    Minutes:

    During the discussion, the following points were raised:-

    ·       Councillors were pleased to see the work move forward which supported the disabled residents within the district.

    ·       Councillors queried the make-up of the panel and who would be involved.

    The Partnership Manager advised that officers from all the District Councils would be involved along with officers from mental health agencies and Adult Social Care from Somerset County Council.

    ·       Councillors were pleased to see that if the funding limit was reached, that no more applications would be allowed until the new financial year.

     

    Resolved that the Executive recommended that Full Council approved:-

    ·       The amendments to the Somerset West Private Sector Renewal policy;

    ·       The new Appendix B zero interest equity loan product providing additional support to owner occupiers in regeneration areas where SWT were comprehensively refurbishing HRA homes; and

    ·       Phase E of the NTWP as a location and phase where the Special Purpose Grant would be adopted by the Council with a capped Better Care Funding allocation of £600k for 2021/2022. 

68.

Access to Information- Exclusion of the Press and Public

    During discussion of the following items it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 13 13.02(e) (a presumption in favour of openness) of the Constitution.  This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972.  The Council will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information. 

    Recommend that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next items of business on the ground that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information).

    Additional documents:

    Minutes:

    Resolvedthat the press and the public be excluded from the meeting for the appendices for items numbered 11, 12 and 13 and for the whole debate on item 14 on the Agenda as the items contained exempt information as defined in Paragraph 3 of Part 1 of Schedule12A to the Local Government Act 1972, and the public interest in withholding the information outweighed the public interest in disclosing the information to the public.

69.

North Taunton Woolaway Project pdf icon PDF 702 KB

    This matter is the responsibility of Executive Councillor for Housing, Councillor Francesca Smith.

     

    The Report recommends the approval of funding for all future phases of the Project.

    Additional documents:

    Minutes:

    During the discussion, the following points were raised:-

    ·       Councillors were pleased to see the work coming forward and that it included climate considerations with the zero carbon work involved.

    ·       Councillors queried whether the wheelchair accessible properties would be required.

    The Portfolio Holder for Housing advised that those would only be completed for those who plan to return to the properties who require the adaptations.

    ·       Clarification was requested on the amount of residents who had decanted and planned on returning to the properties.

    Clarification was given on the reasons why some were not returning, which included the need for a larger property.

    ·       The Chair of Scrutiny gave feedback from their debate on the report.

     

    Resolved that the Executive approved the purchase of the private dwelling as set out in confidential Appendix D; and

    Recommended to Full Council:-

    ·       To allocate a total scheme budget and borrowing requirement for Phases B-E and the conclusion of the regeneration scheme as set out in confidential Appendix A;         

    ·       Delegated authority to the Section 151 Officer to determine the final funding profile for each future phase once the finalised designs have been received for Phases B-E and any relevant planning approval and contract costs have been received;

    ·       To approve the decant of tenants within Phases B which would allow Gold band status in the Homefinder Somerset allocations system for tenants in this Phase and allow those who wished to move outside the regeneration area sufficient priority to move home;

    ·       Delegated authority to the Director of Housing and Communities in consultation with the Portfolio Holder for Housing authority to approve future decanting and demolition for future phases; and

    ·       All new build properties (Phase A-D) would be set at affordable rents in line with the 2020 Rent Setting Policy.  The affordable rents would be set to ensure scheme viability at between 60% and 80% of market rates. However, all NTWP SWT secure tenants who lived within the NTWP (Phases A-D) at February 2019, when the Council made its decision to regenerate the neighbourhood, would have their rents capped at the equivalent social rent if being rehoused in the new NTWP development.  These rents would remain with the tenant as long as they retained their tenancy.  No current NTWP SWT tenant would be required to pay above the equivalent social rent and service charge for their home in line with the Council Shadow Full Council approval to allow existing SWT tenants to remain on a social rent level.

70.

Oxford Inn New Build HRA Zero Carbon Homes, Taunton pdf icon PDF 358 KB

    This matter is the responsibility of Executive Councillor for Housing, Councillor Francesca Smith.

     

    The report recommends the development of 11 new council HRA homes on the Oxford Inn site, Taunton.

    Additional documents:

    Minutes:

    During the discussion, the following points were made:-

    ·       Councillors were pleased to see the development of the land coming forward.

    ·       Some councillors were concerned on the loss of the public house in the area.

    ·       Councillors queried whether the development would include electric vehicle charging points.

    The Portfolio Holder for Housing advised that it would be looked at as part of the planning stage.

     

    Resolved that the Executive recommended to Full Council the following:-

    ·       Support the use of the vacant SWT public house for new zero carbon affordable homes;

    ·       Approve the demolition of the Oxford Inn;

    ·       Approve the development of 11 affordable homes built to standards emerging from the Zero Carbon Affordable Homes Pilot, subject to planning approval;

    ·       Allocate a total budget and borrowing requirement in line with confidential Appendix A;

    ·       Delegate authority to the Section 151 officer to determine the final funding profile for this scheme once the finalised design had received planning approval and tenders had been received; and

    ·       Note the use of affordable rents for these new build HRA homes in line with the 2020 Rent Setting Policy.  The affordable rents would be set to ensure scheme viability at between 60% and 80% of market rates.

71.

Seaward Way, Minehead - New Build HRA Low Carbon Homes pdf icon PDF 286 KB

    This matter is the responsibility of Executive Councillor for Housing, Councillor Francesca Smith.

     

    It is proposed to develop the site as an exemplar scheme of 54 new homes for the Council to showcase an innovative approach to house building and its commitment to affordable housing throughout the district and addressing climate change. 

    Additional documents:

    Minutes:

    During the discussion, the following points were raised:-

    ·       Councillors were pleased to see the report coming forward and that it included the infrastructure to combat the issues on flooding in the area.

    ·       Councillors were pleased to see houses being built in the former West Somerset area.

    ·       Councillors advised they would be keen to request that bus stops were added within the new development.

     

    Resolved that Executive recommended to Full Council the following:-

    ·       Approve the development of 54 Affordable Homes built to very low carbon standards, subject to planning approval;

    ·       To approve the supplementary budget as stated in confidential appendix A;

    ·       To approve the transfer of land from the general fund to the housing revenue account for the use of social housing development and to delegate authority to the Section 151 officer to approve the final land transfer amount;

    ·       Delegate authority to the Section 151 Officer to determine the final funding profile for this scheme once the finalised design had received planning approval and tenders had been received; and

    ·       Note the use of affordable rents for these new build HRA homes in line with the 2020 Rent Setting Policy.  The affordable rents would be set to ensure scheme viability at between 60% and 80% of market rates.

72.

Commercial Property Investment Strategy Review

Minutes:

Resolved that the Executive recommended that Full Council:-

·       Receive Part 1 of the report which was the review of the Commercial Property Investment activity and performance since the last report of the 7 July 2020 as set out in Section 10.4 of the originalstrategy;

·       Receive Part 2 of the report which was the first annual portfolio review of the Commercial Property Investment Strategy (CPIS) as set out in Section 11.1 of the originalstrategy; and

·       Agree the amendments set out in the review of the strategy as shown in Appendices 3 and4.