Agenda and decisions

(Special), Cabinet
Thursday, 27th July, 2017 1.00 pm

Venue: Executive Meeting Room - The Guildhall (Floor 3)

Contact: Joanne Wildsmith, Democratic Services Tel 9283 4057  Email: joanne.wildsmith@portsmouthcc.gov.uk

Items
No. Item

1.

Apologies for Absence

2.

Declarations of Interests

3.

Eldon Arms - Appeal: decision not to list as an asset of community value pdf icon PDF 125 KB

The report by the Assistant Director of Culture & City Development outlines the outcome of the review of a decision to not list the Eldon Arms Pub as an Asset of Community Value, in accordance with the Localism Act 2011, together with a recommendation on whether to allow the appeal or not.

 

RECOMMENDED that the Cabinet decline to list the Eldon Arms Pub as an Asset of Community Value.

Decision:

The Cabinet declined to list the Eldon Arms Pub as an Asset of Community Value.

4.

Local Plan Review Process pdf icon PDF 284 KB

The purpose of the report by the Assistant Director of Culture & City  is to seek approval from the Cabinet to undertake public consultation on the Portsmouth Local Plan Issues and Options document under Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

 

RECOMMENDED that the Cabinet:

(1) Approve the Portsmouth Local Plan Issues and Options document for 8 weeks of public consultation and consequential amendments to the Council's published Local Development Scheme.

 

(2) To delegate authority to the Assistant Director of Culture and City

development to modify and make editorial changes to the Local Plan

Issues and Options document and supporting documents in consultation with the Leader as Cabinet Member for PRED (if required).

Additional documents:

Decision:

The Cabinet:

(1) Approved the Portsmouth Local Plan Issues and Options document for 8 weeks of public consultation and consequential amendments to the Council's published Local Development Scheme.

 

(2) Delegated authority to the Assistant Director of Culture and City development to modify and make editorial changes to the Local Plan Issues and Options document and supporting documents in consultation with the Leader as Cabinet Member for PRED (if required).

 

(3) Noted that the list of potential site allocations referenced in figure 1 and Tables 6a and 6b of the Habitats Regulations assessment is indicative only and has not been reviewed by the Cabinet

 

5.

Exclusion of Press and Public

RECOMMENDED that, under the provisions of Section 100A of the Local Government Act, 1972 as amended by the Local Government (Access to Information) Act, 1985, the press and public be excluded for the consideration of the following item on the grounds that the report(s) contain information defined as exempt in Part 1 of Schedule 12A to the Local Government Act, 1972.

 

The public interest in maintaining the exemption must outweigh the public interest in disclosing the information.

 

Under the Local Authorities (Executive Arrangements) (Meetings and Access to Information) England Regulations 2012, regulation 5, the reasons for exemption of the listed item is shown below.

 

Members of the public may make representation as to why the item should be held in open session.  A statement of the Council’s response to representations received will be given at the meeting so that this can be taken into account when members decide whether or not to deal with the item under exempt business.

 

(NB     The exempt/confidential committee papers on the agenda will contain information which is commercially, legally or personally sensitive and should not be divulged to third parties.  Members are reminded of standing order restrictions on the disclosure of exempt information and are invited to return their exempt documentation to the Local Democracy Officer at the conclusion of the meeting for shredding.)

 

Item

Paragraph

 

6 - Opportunity to Establish a Municipal Energy Company (appendices to the report)   

3

 

(Paragraph 3 relates to financial affairs of a body)

Decision:

(The exclusion of press and public was passed relating to exempt Appendix 1 of the report)

6.

Opportunity to establish a Municipal Energy Company pdf icon PDF 313 KB

A report by the Section 151 Officer contains some exempt information within the appendices.

 

The purpose of the report is to consider the Business Case for the establishment of a licensed energy supply company between Portsmouth City Council and a joint venture partner as part of the Council's energy strategy.

Decision:

DECISIONS by the Cabinet:

 

(1)       The Outline Business Case (contained within Exempt Appendix 1) and the operating model contained therein was approved.

 

(2)       Subject to the above resolution (1), delegated authority be given to the Director of Finance & S151 Officer, in conjunction with the Leader of the Council to approve the Final Business Case subject to the milestones and gateways (set out in the Outline Business Case) being successfully achieved with a maximum investment payback period of 4 years, provided that any changes between Outline Business Case  and Final Business Case (each of which shall include a Base Case) do not, in the opinion of the Director of Finance and S151 Officer, materially change either the amount of investment required or the level of financial and reputational risk that the Council will be exposed to.

 

(3)       That the investment required from the City Council to support the capital investment and working capital requirements of the Energy Supply Company be funded from the MTRS Reserve.

 

(4)       Delegated authority to the Director of Finance & S151 Officer, in consultation with the Leader of the Council, to conclude the terms of the agreement with the Joint Venture partner (including equity arrangements, security arrangements and exit arrangements); once concluded, authorise the City Solicitor to enter into such company constitutional, and associated and ancillary documents as required.

 

(5)       Subject to the approval of a Final Business Case, authority be delegated to the City Solicitor to form the Joint Venture company and associated relevant corporate structures that will best serve the objectives of the licensed energy supply company as described in this report and the Outline Business Case in order for the company to progress into Controlled Market Entry and subsequent full launch.

 

(6)       Prior to the establishment of the Joint Venture company and associated Corporate Structures, a Governance Board is established to guide the delivery of the Final Business Case, approve associated milestones and gateways and oversee overall progress; the Governance Board to be chaired by the Leader of the Council and comprise the Director of Finance & S151 Officer, the Joint Venture Partner, an Energy Consultant and the City Solicitor or his representative. 

 

(7)       In the event that any contractual arrangements or other assurances are necessary for the smooth implementation with third party suppliers prior to the establishment of the Joint Venture company and associated Corporate Structures, that the City Solicitor, in conjunction with the Director of Finance and S151 Officer and the Leader of the Council, is authorised to enter into any such agreement.

 

(8)       Delegated authority to the Director of Finance & S151 Officer, in consultation with the Leader of the Council, to liaise with Office of Gas and Electricity Markets (OFGEM), Department of Business, Energy and Industrial Strategy (BEIS) or any other statutory or regulatory body necessary for the formulation or functioning of the Joint Venture Company.

 

(9)       Delegated authority to the City Solicitor, Director of Finance & S151 Officer, in consultation with the Leader of the Council to establish appropriate Council-side shareholder oversight arrangements.