Agenda and decisions

RECOMMENDED that the record of the previous decisions taken at the Cabinet meeting on 3 November 2020 be agreed as a correct record.

RECOMMENDED that the report be noted.

The report was noted.

Purpose

To brief the Cabinet on Portsmouth International Port’s (PIP) aim to be:

·         The first net carbon neutral UK port by 2030.

·         The first zero emission port as part of the Government’s Maritime 2050 strategy.

To seek approval on the contents of and actions from the Port Carbon Reduction/Air Quality Strategy requested by the Department for Transport (DfT).

RECOMMENDED that the Cabinet accept the proposed Carbon Reduction/Port Air Quality Strategy.

The Integrated Impact Assessment (IIA) will follow.

Post Publication Note: The IIA was published on 26 November 2020.

The Cabinet accepted the proposed Carbon Reduction/ Port Air Quality Strategy.

Purpose.

·         To introduce the Cabinet to the Portsmouth Mental Health Alliance (PMHA)

·         To update and raise awareness within the Cabinet on the purpose of the alliance, membership, current work streams, examples of work to date and future plans.

·         To note proposed accountability of the PMHA to the Health and Wellbeing Board (HWB) (subject to a decision on the 25th November)

RECOMMENDED that this report be noted.

Purpose.

The purpose of the report is to inform members and the wider community of the Council’s Treasury Management position, ie. its borrowing and cash investments at 30th September 2020 and of the risks attached to that position.

Whilst the Council has a portfolio of investment properties and some equity shares which were acquired through the capital programme; these do not in themselves form part of the treasury management function.

RECOMMENDED that the following be noted:

1.    That the Council's Treasury Management activities have remained within the Treasury Management Policy 2020/21 in the period up to 30th September 2020.

2.    That the actual Treasury Management indicators as at 30th September 2020 set out in Appendix A be noted.

The Cabinet noted:

1.    That the council's Treasury Management activities have remained within the Treasury Management Policy 2020/21 in the period up to 30 September 2020.

2.    The actual Treasury Management indicators as at 30 September 2020 set in Appendix A.

Purpose.

To provide Cabinet with an update on the successful bid and allocation to the Ministry of Housing, Communities and Local Government (MHCLG) Next Steps Accommodation Programme (NSAP) interim fund and its use.

To provide Cabinet with an update on the successful bid and allocation to the

MHCLG (NSAP) long term capital and revenue fund.

For Cabinet to note the proposed use of the long term capital and revenue fund and to note the work and timescales attached to meeting the funding requirements.

RECOMMENDED that the report be noted.

The report was noted.

Purpose.

The purpose of this report is to seek approval of the 2020 Portsmouth City Council's Contaminated Land Part 2a strategy. The previous strategy produced in 2001 has been updated in light of new Statutory Guidance. The strategy describes the Councils approach to identifying and bringing about the remediation of statutory contaminated land.

RECOMMENDED that the Cabinet:

1.    Agrees to adopt the 2020 Contaminated Land Part 2a Strategy.

2.    Delegate authority to the Director of Regeneration, in consultation with the Leader of the council to make decisions on the determination of statutory contaminated land and upon decisions of cost recovery and hardship in accordance with the details contained in the strategy referred to in (a) above.

The Cabinet

a.    Agreed to adopt the 2020 Contaminated Land Part 2a Strategy.

b.    Delegated authority to the Director of Regeneration, in consultation with the Leader of the council to make decisions on the determination of statutory contaminated land and upon decisions of both cost recovery and hardship in accordance with the details contained in the strategy referred to in (a) above.

Purpose.

The purpose of this report is to update members on the current Revenue Budget position of the Council as at the end of the second quarter for 2020/21 in accordance with the proposals set out in the “Portsmouth City Council - Budget & Council Tax 2020/21 & Medium Term Budget Forecast 2021/22 to 2023/24” report approved by the City Council on the 11th February 2020.

RECOMMENDED that:

(i) The forecast financial shortfall of between £6.1m & £12.6m across the General Fund and the Housing Revenue as consequence of the Covid-19 Pandemic be noted.

 (ii) The following Revised COVID-19 Deficit Recovery Strategy be approved in the sum of £11.9m (being sufficient to cover the Council's pessimistic forecast COVID-19 related overspend of £11.8m):

·         Earmarking £5m of the Council's Corporate Contingency - leaving a residual £5m for all other known and unknown financial risks that may arise during the year

·         Earmarking £5m of the MTRS Reserve which currently holds an uncommitted balance of £8m - leaving just £3m only to fund future Spend to Save schemes and any costs of redundancies that may be required

·         Removal of Capital Schemes that have been funded by Revenue with a total value of £1.927m

·         Should any funding remain after meeting the financial impact of COVID- 19, that it be returned to the MTRS Reserve / Contingency to be available for any short-term legacy impacts of COVID-19 that continues into 2021/22 Confidential Draft - Subject to Change

(iii) In accordance with the Revised COVID-19 Deficit Recovery Strategy it is recommended that the schemes up to the value shown are removed from the approved Capital Programme.

The forecast General Fund outturn position, inclusive of funding Losses, for 2020/21 be noted:

(a)    The Base Case forecast of COVID-19 related overspending of £5,362,000 after expected government funding.

(b)    That the Base Case forecast overspending of £5,362,000 remains uncertain and in a pessimistic scenario could see that overspending rise to £11,800,000

(c)    The COVID-19 forecasts do not currently make any provision for additional costs or losses of income / funding that may arise from the new national restrictions.

(d) Non COVID-19 related underspending of £4,094,100

(e) Taking account of the likely range of COVID-19 forecast overspends, the combined overspending for the Council is forecast to be between £1,268,100 and £7,706,100.

(v) Members note that in accordance with approved policy as described in Section 8, any actual non COVID-19 overspend at year end will in the first instance be deducted from any Portfolio Reserve balance and once depleted then be deducted from the 2021/22 Cash Limit.

(vi)  Members note that at the time this report was prepared the Country had just entered a period of new national restrictions. Due to the wide ranging and rapidly changing implications arising from the COVID-19 Pandemic, the overall financial impact of COVID-19 over the remainder of the 2020/21 financial year and into the medium term remains very uncertain and maintaining headroom within the Revised COVID-19 Deficit Recovery Strategy is vital in order to ensure that the financial resilience of the Council is not compromised and the council continues to remain financially resilient into the medium term.

(vii) Directors, in consultation with the appropriate Cabinet Member, consider options that seek to minimise any forecast non COVID-19 overspend presently being reported and prepare strategies outlining how  any consequent reduction to the 2021/22 Portfolio cash limit will be managed to avoid further overspending during 2021/22.

(i)           The forecast financial shortfall of between £6.1m & £12.6m across the General Fund and the Housing Revenue Account as consequence of the Covid-19 Pandemic be noted

(ii) The following Revised COVID-19 Deficit Recovery Strategy be approved in the sum of £11.9m (being sufficient to cover the Council's pessimistic forecast COVID-19 related overspend of £11.8m):

·         Earmarking £5m of the Council's Corporate Contingency - leaving a residual £5m for all other known and unknown financial risks that may arise during the year

·         Earmarking £5m of the MTRS Reserve which currently holds an uncommitted balance of £8m - leaving just £3m only to fund future Spend to Save schemes and any costs of redundancies that may be required

·         Removal of Capital Schemes that have been funded by Revenue with a total value of £1.927m

·         Should any funding remain after meeting the financial impact of COVID-19, that it be returned to the MTRS Reserve / Contingency to be available for any short-term legacy impacts of COVID-19 that continues into 2021/22

(iii) In accordance with the Revised COVID-19 Deficit Recovery Strategy it is recommended that the following schemes up to the value shown are removed from the approved Capital Programme.

*Scheme is complete/substantially complete and unused resources can be released

(iv)  The forecast General Fund outturn position, inclusive of funding Losses, for 2020/21 be noted:

(a)  The Base Case forecast of COVID-19 related overspending of £5,362,000 after expected government funding.

(b)  That the Base Case forecast overspending of £5,362,000 remains uncertain and in a pessimistic scenario could see that overspending rise to £11,800,000

(c) The COVID-19 forecasts do not currently make any provision for additional costs or losses of income / funding that may arise from the new national restrictions.

(d) Non COVID-19 related underspending of £4,094,100

(e) Taking account of the likely range of COVID-19 forecast overspends, the combined overspending for the Council is forecast to be between £1,268,100 and £7,706,100.

(v)  Members note that in accordance with approved policy as described in section 8, any actual non COVID-19 overspend at year end will in the first instance be deducted from any Portfolio Reserve balance and once depleted then be deducted from the 2021/22 Cash Limit.

(vi)  Members note that at the time this report was prepared the Country had just entered a period of new national restrictions. Due to the wide ranging and rapidly changing implications arising from the COVID-19 Pandemic, the overall financial impact of COVID-19 over the remainder of the 2020/21 financial year and into the medium term remains very uncertain and maintaining headroom within the Revised COVID-19 Deficit Recovery Strategy is vital in order to ensure that the financial resilience of the Council is not compromised and the council continues to remain financially resilient into the medium term.

(vii) Directors, in consultation with the appropriate Cabinet Member, consider options that seek to minimise any forecast non COVID-19 overspend presently being reported and prepare strategies outlining how any consequent reduction to the 2021/22 Portfolio cash limit will be managed to avoid further overspending during 2021/22.

Purpose.

Central Government has imposed a Ministerial Direction on the City Council to deliver a Class B charging CAZ (and other measures) to reduce levels of nitrogen dioxide to comply with at least the legal limit value in the shortest possible time.

This report provides an overview of the results of the recent on the operation of the charging Clean Air Zone (CAZ) in Portsmouth. This report discusses the results relating to sunset and exemption periods for non-compliant vehicles driving in the zone.

RECOMMENDED that the Cabinet:

1.    Approve a sunset period of 6 months for non-compliant wheelchair accessible vehicle (WAV) Hackney carriages and private hire vehicles. The owner/operator of this vehicle will be required to apply for the sunset period, and provide proof of intent to reach compliance. 

2.    Approve a sunset period of two years for non-compliant vehicles providing community transport and school transport. The owner/operator of this vehicle will be required to apply for the sunset period, and provide proof of providing these types of services, such as a contract.

3.    Approve an exemption for the lifetime of the Clean Air Zone for emergency service vehicles. The owner/operator of this vehicle will be required to apply for the exemption.

4.    Approve an exemption for the lifetime of the Clean Air Zone for specialist heavy vehicles, on a case-by-case basis. Operators/owners will need to apply for this exemption. Operators/owners will need to provide proof that their vehicle is unsuitable for retrofitting or details regarding their circumstances for purchasing a replacement vehicle.

5.    Approve an exemption for ten days of the calendar year for non-commercial vintage buses for the lifetime of the Clean Air Zone. These vehicles would be required to apply for the exemption.

The report will follow.

DECISION

1.    Authorised Councillor Dave Ashmore, Cabinet Member for Environment & Climate Change, Councillor Lynne Stagg, Cabinet Member for Traffic & Transportation and the Leader of the City Council to consider implementing a sunset period for non-compliant wheelchair accessible vehicle Hackney carriages and private hire vehicles once they had been able to meet with the Portsmouth Disability Forum.

2.    Approved a sunset period of two years for non-compliant vehicles providing community transport and school transport. The owner/operator of this vehicle will be required to apply for the sunset period, and provide proof of providing these types of services, such as a contract.

3.    Approved an exemption for the lifetime of the Clean Air Zone for emergency service vehicles. The owner/operator of this vehicle will be required to apply for the exemption.

4.    Approved an exemption for the lifetime of the Clean Air Zone for specialist heavy vehicles, on a case-by-case basis. Operators/owners will need to apply for this exemption. Operators/owners will need to provide proof that their vehicle is unsuitable for retrofitting or details regarding their circumstances for purchasing a replacement vehicle.

5.    Approved an exemption for ten days of the calendar year for non-commercial vintage buses for the lifetime of the Clean Air Zone. These vehicles would be required to apply for the exemption.

6.    Confirmed that the hours of operation will remain at 24 hours a day.

7.    Delegated Authority to the Cabinet Members for Environment & Climate Change and Traffic & Transport, in conjunction with the Section 151 Officer, to approve submission of the Local Air Quality Full Business Case to central government.