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ModernGov

Agenda and minutes

Venue: Council Chamber - Civic Centre Folkestone

Contact: Amanda Brooks 

Items
No. Item

85.

Declarations of interest

Members of the Council should declare any interests which fall under the following categories. Please see the end of the agenda for definitions*:

 

a)    disclosable pecuniary interests (DPI);

b)    other significant interests (OSI);

c)    voluntary announcements of other interests.

Minutes:

Councillor David Monk declared a voluntary announcement in respect of Report C/15/91 – Determining and publishing a penalty charge statement of principles for the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. His interest arose as he is a landlord. He remained in the meeting during discussion and voting on this item.

 

Councillor Mrs Jenny Hollingsbee declared a voluntary announcement in respect of Report C/15/91 – Determining and publishing a penalty charge statement of principles for the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. Her interest arose as she is a landlord. She remained in the meeting during discussion and voting on this item.

86.

Minutes

To consider and approve as a correct record the minutes of the meeting held on 23 March 2016.

Supporting documents:

Minutes:

The minutes of the meeting held on 23 March 2016 were submitted, approved and signed by the Chairman.

87.

Hythe Swimming Pool and Princes Parade Site

Report C/15/98 provides an update on recent decisions related to the replacement of Hythe Swimming Pool and considers options for the uses and the extent of uses to be incorporated into an application for planning permission for land at Princes Parade, Hythe, within the ownership of Shepway District Council.

Supporting documents:

Minutes:

Report C/15/98 provides an update on recent decisions related to the

replacement of Hythe Swimming Pool and considers options for the uses

and the extent of uses to be incorporated into an application for planning

permission for land at Princes Parade, Hythe, within the ownership of

Shepway District Council.

 

The Resources Scrutiny Committee heard a presentation in private on this item at its meeting of 6 April 2016.

 

The Chief Executive informed Cabinet that the initial report had not been made public following a request by Hythe and Saltwood Sailing Club. Officers respected this decision. These restrictions were lifted late on 12 April, therefore allowing the report to be published for this meeting.

 

Proposed by Councillor Ms Susan Carey

Seconded by Councillor David Godfrey and

 

Resolved:

1.         To receive and note report C/16/98.

2.         That the uses and extent of uses, as set out in Section 3 of the report, be used as the as the basis for the preparation of an application for planning permission for the Princes Parade site.

3.         That a further report, setting out the detail and nature of the planning application be presented to Cabinet prior to the submission of the application.

4.         To note that officers are continuing investigations to establish facts and acquire knowledge to enable conclusions to be drawn and decisions to be made and that the Council intends to publish all relevant documentation by the end of November 2016 at the latest.

 

Reason for decision:

To allow the use and extent of uses for a planning application for the Princes

Parade site to be agreed in accordance with the resolution of Cabinet on 4th

November 2015.

 

(Voting: For 10; Against 0; Abstentions 0)

88.

General Fund Capital Programme Budget monitoring - 4th Quarter 2015/16

Report C/15/94 provides a projection of the latest financial position for the 2015/16 General Fund capital programme, based on expenditure to 29 February 2016. The report identifies projected variances to the approved capital programme to 31 March 2016 including slippage on schemes from 2015/16 to 2016/17.

Supporting documents:

Minutes:

Report C/15/94 provides a projection of the latest financial position for the

2015/16 General Fund capital programme, based on expenditure to 29

February 2016. The report identifies projected variances to the approved

capital programme to 31 March 2016 including slippage on schemes from 2015/16 to 2016/17.

 

Proposed by Councillor Ms Susan Carey

Seconded by Councillor Mrs Jenny Hollingsbee and

 

Resolved:

1.            To receive and note Report C/15/94.

 

Reason for Decision:

Cabinet is asked to agree the recommendations set out because it needs to

be kept informed of the General Fund capital programme position and take

appropriate action to deal with any variance from the approved budget.

 

(Voting: For 10; Against 0; Abstentions 0)

89.

Determining and publishing a penalty charge statement of principles for the Smoke and Carbon Monoxide Alarm (England) Regulations 2015

Report C/15/91 sets out the Council’s duties under the Smoke and Carbon Monoxide Alarms (England) Regulations 2015 (the regulations) and recommends a penalty charge framework, which must be published as a statement of principles in accordance with these regulations.

Supporting documents:

Minutes:

Report C/15/91 sets out the Council’s duties under the Smoke and Carbon

Monoxide Alarms (England) Regulations 2015 (the regulations) and

recommends a penalty charge framework, which must be published as a

statement of principles in accordance with these regulations.

 

Proposed by Councillor Alan Ewart-James

Seconded by Councillor Malcolm Dearden and

 

Resolved:

1.         To receive and note Report C/15/91.

2.         To agree to the recommendation of Penalty charge levels as set out in the statement of principles attached (Appendix 1).

3.         To agree to the penalty charge income being used to fund works in default and any deficit to be funded from the CMT Contingency.

4.         To agree to the statement of principles being published on the Council’s website and communicated to landlords through the media and through direct mailing of information to landlords.

 

Reason for Decision:

Cabinet is asked to agree the recommendations set out because:

1)         The regulations state that a penalty charge of up to £5,000 may be given to landlords who fail to comply with a 28 day remedial notice served by the Council.

2)         The regulations state that the local authority must determine the level of penalty charge and publish a statement of principles by which they would determine the charge.

3)         The penalty charge levied should not only act as a deterrent to noncompliance, but is the only method of recovering the Council’s costs for work in default when fitting smoke and/or Carbon Monoxide alarms.

 

(Voting: For 10; Against 0; Abstentions 0)