Agenda and decisions

Cabinet - Tuesday, 27th September, 2022 12.00 pm

Venue: Council Chamber - The Guildhall, Portsmouth. View directions

Webcast: View the webcast

Items
No. Item

1.

Apologies for Absence

Decision:

Councillor Suzy Horton and David Williams, Chief Executive, had offered their apologies.

2.

Declarations of Interests

Decision:

Councillor Gerald Vernon-Jackson declared a prejudicial interest in Item 16 Portico Shipping - 3 Year Business Plan as he is a Director of the company.  He would therefore leave the meeting while the item was being discussed. 

3.

Record of Previous Decision Meetings - 26 July 2022 and 8 September 2022 pdf icon PDF 93 KB

A copy of the record of the previous decisions taken at Cabinet on 26 July 2022 and 8 September 2022 are attached.

 

Additional documents:

Decision:

The record of decisions from the previous Cabinet meetings held on 26 July 2022 and 8 September 2022 were approved as a correct record.

 

4.

Climate Change Strategy pdf icon PDF 80 KB

Purpose

The purpose of this report is to describe the contents of the revised Climate Change Strategy for Portsmouth City Council.

 

RECOMMENDED that the Cabinet approves and adopts the Climate Change Strategy for Portsmouth City Council.

 

Additional documents:

Decision:

The Cabinet approved and adopted the Climate Change Strategy for Portsmouth City Council.

 

5.

PCC Support for the National Migration Programme pdf icon PDF 767 KB

Purpose

To provide an overview of the different schemes the Council is involved with that support asylum seekers and people resettling into the UK via government schemes. The report will also show how the different directorates of the Council are working together to support people coming to the UK and working with colleagues in the third sector to provide this support.

 

RECOMMENDED that Cabinet:

1)    Notes the contents of this report.

2)    Places on record a note of thanks to all those involved in setting up and supporting the schemes referenced in this report. The early schemes required the local authority, and its partners, to set up schemes quickly often using existing resources and in the context of the additional demands arising from the pandemic. As the funding for the schemes has become certain, an officer team has been formed to work alongside mainstream services to administer and support the team.

3)    Agrees that we should look to continue (where appropriate), for the full 12 months, our support for Ukrainian families that have left the Homes for Ukraine Scheme by moving into the private sector (see paragraph 3.2.4 of the report).

 

Decision:

1)    To note the contents of this report.

2)    To place on record a note of thanks to all those involved in setting up and supporting the schemes referenced in this report. The early schemes required the local authority, and its partners, to set up schemes quickly often using existing resources and in the context of the additional demands arising from the pandemic. As the funding for the schemes has become certain, an officer team has been formed to work alongside mainstream services to administer and support the team.

3)    To agree that we should look to continue (where appropriate), for the full 12 months, our support for Ukrainian families that have left the Homes for Ukraine Scheme by moving into the private sector (see paragraph 3.2.4 of the report).

6.

Revenue Budget Monitoring 2022-23 to end of June 2022 pdf icon PDF 508 KB

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 first quarter for 2022/23 in accordance with the proposals set out in the “Portsmouth City Council - Budget & Council Tax 2022/23 & Medium Term Budget Forecast 2023/24 to 2025/26” report approved by the City Council on 15February 2022.

 

RECOMMENDED that:

 

1)             The General Fund Forecast Outturn for 2022/23 (as at 30th June 2022) be noted consisting of:

 

·       £2,991,300 overspend (before the Employers 2022/23 Pay Offer of a flat increase to all Spinal Column Points of £1,925); and

 

·       £6,791,300 overspend (after the pay offer)

 

The overspend is analysed as follows:

FORECAST OUTTURN 2022/23

£000

 

 

Forecast Net Overspend (before transfers to/from) Reserves

8,121.1

 

 

Less Expenditure funded from Corporate Contingency:

 

 

Covid-19 Costs

(2,643.7)

 

Windfall Costs

(2,127.0)

 

 

Less Transfers From Portfolio / Cabinet Reserve:

 

 

Overspendings (in accordance with approved Council resolutions)

(856.9)

 

 

 

Add Transfers to Portfolio and Other Reserves:

 

 

Underspendings (in accordance with approved Council resolutions)

497.8

 

 

 

Forecast Net Overspend Before 2022/23 Pay Award

2,991.3

 

 

 

Impact of Employers Pay Offer of a Flat Increase of £1,925

3,800.0

 

 

 

Overall Forecast Net Overspend 2022/23 (after Pay Award)

6,791.3

 

2)    The forecast additional spending and forgone income as consequence of the continuing impact of the Covid-19 Pandemic totalling £2.64m be noted.

 

3)    Members note that the financial consequences arising during 2022/23 from the Covid-19 pandemic will be met from the provision held within the Council's Corporate Contingency which was set aside specifically for this purpose as approved by City Council on 15 February 2022.

 

4)    Members note the impact of the overspending capital schemes outlined in Section 7 and the consequent effect this will have on the availability of new capital resources to fund new capital schemes commencing in April 2023. 

 

5)    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 2023/24 Cash Limit.

 

6)    Directors, in consultation with the appropriate Cabinet Member, consider options that seek to minimise any forecast non Covid-19 overspending presently being reported and prepare strategies outlining how any consequent reduction to the 2023/24 Portfolio cash limit will be managed to avoid further overspending during 2023/24.

 

7)    Cabinet plan for placing up to £3m of contractually uncommitted Capital Schemes on "hold" pending the outcome of the cost and funding reviews described in Paragraphs 7.1 and 7.2 of the report.

 

 

Decision:

1)    The General Fund Forecast Outturn for 2022/23 (as at 30 June 2022) be noted consisting of:

·       £2,991,300 overspend (before the Employers 2022/23 Pay Offer of a flat increase to all Spinal Column Points of £1,925); and

·       £6,791,300 overspend (after the pay offer)

 

The overspend is analysed as follows:

FORECAST OUTTURN 2022/23

£000

Forecast Net Overspend (before transfers to/from) Reserves

8,121.1

Less Expenditure funded from Corporate Contingency:

 

 

Covid-19 Costs

(2,643.7)

 

Windfall Costs

(2,127.0)

Less Transfers From Portfolio / Cabinet Reserve:

 

 

Overspendings (in accordance with approved Council resolutions)

(856.9)

Add Transfers to Portfolio and Other Reserves:

 

 

Underspendings (in accordance with approved Council resolutions)

497.8

Forecast Net Overspend Before 2022/23 Pay Award

2,991.3

Impact of Employers Pay Offer of a Flat Increase of £1,925

3,800.0

Overall Forecast Net Overspend 2022/23 (after Pay Award)

6,791.3

 

2)    The forecast additional spending and forgone income as consequence of the continuing impact of the Covid-19 Pandemic totalling £2.64m be noted.

3)    Members noted that the financial consequences arising during 2022/23 from the Covid-19 pandemic will be met from the provision held within the Council's Corporate Contingency which was set aside specifically for this purpose as approved by City Council on 15 February 2022.

4)    Members noted the impact of the overspending capital schemes outlined in Section 7 and the consequent effect this will have on the availability of new capital resources to fund new capital schemes commencing in April 2023. 

5)    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 2023/24 Cash Limit.

6)    Directors, in consultation with the appropriate Cabinet Member, consider options that seek to minimise any forecast non Covid-19 overspending presently being reported and prepare strategies outlining how any consequent reduction to the 2023/24 Portfolio cash limit will be managed to avoid further overspending during 2023/24.

7)    Cabinet plan for placing up to £3m of contractually uncommitted Capital Schemes on "hold" pending the outcome of the cost and funding reviews described in Paragraphs 7.1 and 7.2 of the report unless the potential costs of capital projects fall.

 

7.

Civic Offices Member Working Group Report pdf icon PDF 376 KB

Purpose

1)    This report provides a response to Full Council on the work of the Civic Office Member Working Group (COMWG), carried out to date.

 

2)    The report notes the information made available to the COMWG, including running costs, space used and anticipated future costs to bring the civic office in line with modern standards and compliance with statutory safety measures.

 

3)    The report sets out some parameters and principles agreed by the COMWG as a means to provide structure to consideration of future options.

 

4)    The report proposes next steps for consideration to ensure that Council can get into a position to define the service need and therefore answer the Notice of Motion fully.

 

Additional documents:

Decision:

1)    Agreed the next steps set out in section 6 of the report.

2)    Agreed to forward this report to Full Council following the Notice of Motion entitled "Civic Offices Sustainability", passed on the 19 July 2022.

 

8.

'Making' the Milton Neighbourhood Plan pdf icon PDF 109 KB

Purpose

To approve the Milton Neighbourhood Plan to proceed to full Council on 11 October 2022 with a recommendation for the Plan to be adopted as part of the Development Plan for Portsmouth.

 

RECOMMENDED that Cabinet:

 

1)    Notes the result of the public referendum on the Milton Neighbourhood Plan held on 18 August (88.7% in favour).

 

2)    Recommends that a report goes to full Council seeking that the Milton Neighbourhood plan is made and adopted as part of the Development Plan for Portsmouth enabling it to be used in the determination of planning decisions for the part of the city that the Milton Neighbourhood Plan covers.

 

Additional documents:

Decision:

1)    Noted the result of the public referendum on the Milton Neighbourhood Plan held on the 18 of August (88.7% in favour).

2)    Recommended that a report goes to full Council seeking that the Milton Neighbourhood plan is made and adopted as part of the Development Plan for Portsmouth enabling it to be used in the determination of planning decisions for the part of the city that the Milton Neighbourhood Plan covers.

3)    Offered thanks to the Milton Neighbourhood Planning Forum for its work in preparing and submitting the Milton Neighbourhood Plan to the City Council.

 

 

9.

Forward Plan Omission Notice - Cosham Development Sites pdf icon PDF 63 KB

The Cosham Development Sites report by the Director Regeneration was omitted from the Forward Plan covering 26 August to 26 November 2022. The Chair of the City Council's Scrutiny Management Panel has been notified and a public notice published.

Decision:

10.

Cosham Development Sites pdf icon PDF 193 KB

Purpose

1)    This report updates members on the Cosham land assembly sites that form the intended strategic regeneration area and recommends the immediate disposal of the former PCMI site to Hampshire & Isle of Wight Fire and Rescue service [HIWFR].

 

2)    This is a deviation from the recommendations previously approved in the Cabinet resolution of the 2February 2021.

 

RECOMMENDED to:

 

1)    Note that the previous decision taken on the 2nd February 2022 is no longer deliverable, as the previously agreed terms and conditions that underpinned that decision have now been varied by one of the parties.

 

2)    Approve a new recommendation to dispose of the former Portsmouth Craft and Manufacturing Industries Site, as per the terms agreed and set out in the Cabinet Report 'Cosham Development Sites' 2nd February 2021, to be completed as soon as possible to enable the Hampshire & Isle of Wight Fire and Rescue Service to progress with the development of their new Fire Station. 

 

3)    Agree new recommendations for Portsmouth City Council to acquire the existing Police and Fire sites via separate contractual agreements still to be negotiated.

 

4)    Delegate to the Director of Regeneration in consultation with the Leader of the Council and the Section 151 Officer to negotiate and agree terms with Hampshire Constabulary (HC) to secure development through acquisition or via other contractual means, of the existing Cosham Police Station.

 

5)    Delegate to the Director of Regeneration in consultation with the Leader of the Council, and the Section 151 Officer to negotiate and agree terms with Hampshire & Isle of Wight Fire and Rescue service for the acquisition of the existing Cosham Fire Station.

 

6)    Delegate to the Director of Regeneration, the Section 151 Officer and the City Solicitor authorisation to finalise negotiations, prepare and complete the necessary documentation to give effect to 2), 3), 4) and 5) above.

 

7)    Note that the promoter team remain committed to development principles established by the work of the Cosham Working Group currently being consulted on with the local community, subject to the properties being available to purchase as previously agreed.

 

 

Additional documents:

Decision:

1)   Noted that the previous decision taken on the 2 February 2021 is no longer deliverable, as the previously agreed terms and conditions that underpinned that decision have now been varied by one of the parties.

2)    Approved a new recommendation to dispose of the former Portsmouth Craft and Manufacturing Industries Site, as per the terms agreed and set out in the Cabinet Report 'Cosham Development Sites' 2 February 2021, to be completed as soon as possible to enable the Hampshire & Isle of Wight Fire and Rescue Service to progress with the development of their new Fire Station. 

3)    Agreed new recommendations for Portsmouth City Council to acquire the existing Police and Fire sites via separate contractual agreements still to be negotiated.

4)    Delegated to the Director of Regeneration in consultation with the Leader of the Council and the Section 151 Officer to negotiate and agree terms with Hampshire Constabulary (HC) to secure development through acquisition or via other contractual means, of the existing Cosham Police Station.

5)    Delegated to the Director of Regeneration in consultation with the Leader of the Council, and the Section 151 Officer to negotiate and agree terms with Hampshire & Isle of Wight Fire and Rescue service for the acquisition of the existing Cosham Fire Station.

6)    Delegated to the Director of Regeneration, the Section 151 Officer and the City Solicitor authorisation to finalise negotiations, prepare and complete the necessary documentation to give effect to 2), 3), 4) and 5) above.

7)    Noted that the promoter team remain committed to development principles established by the work of the Cosham Working Group currently being consulted on with the local community, subject to the properties being available to purchase as previously agreed.

 

11.

Adult Social Care Carers Leave Bill pdf icon PDF 112 KB

Purpose

To inform Cabinet of the Carers Leave Bill currently in the parliamentary process.

 

RECOMMENDED that Cabinet supports and formally endorses the Bill.

 

Additional documents:

Decision:

To support and formally endorse the Carers Leave Bill.

 

12.

Adult Social Care Funding Changes pdf icon PDF 199 KB

Purpose

The purpose of this report is to provide Members with an update on the proposed changes to the funding arrangements for adult social care, as set out in the recent government white paper 'Build Back Better: Our plan for health and social care'; and the action being taken by the Council to prepare for these changes.

 

 

Decision:

The Cabinet noted the report which is for information only and is not subject to call-in.

 

13.

Violence Against Women and Girls (VAWG) - findings from the community safety survey pdf icon PDF 189 KB

Purpose

To update Cabinet following a report in March this year that recommended adding questions to Community Safety Survey 2022 allowing residents to share their views about how public lighting and CCTV could be improved to promote safer streets and a safer public domain for women and girls.

 

Decision:

The Cabinet noted the report which is for information only and is not subject to call-in.

 

14.

Appointment of LGBTQ+ Young People Member Champion

Purpose

 

The purpose of this item is for Cabinet to appoint a LGBTQ+ Young People Member Champion. Nominations received for the position are:

·       Cllr Chris Attwell

·       Cllr George Fielding

·       Cllr Lewis Gosling

·       Cllr Suzy Horton

 

RECOMMENDED that Cabinet confirms the named appointment of a LGBTQ+ Young People Member Champion for the remainder of the 2022/23 municipal year.

Decision:

Noted that the LGBTQ+ Young People Member Champion will be appointed at a future meeting as the nominees are meeting the Young People on 12 October 2022.

 

15.

Exclusion of Press and Public

“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 Appendices 1-3 of the report 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

Portico Shipping Limited - Three Year Business Plan - Appendices 1, 2 and 3

Paragraph

3, 4

         

 

 

Decision:

The confidentiality of Appendices 1, 2, and 3 only, relating to financial and business affairs, was upheld.

16.

Portico Shipping Limited - Three Year Business Plan pdf icon PDF 128 KB

Purpose

1)    The Council wholly owns Portico Shipping Limited ("the Company"), a company which provides cargo handling and stevedoring services from Portsmouth International Port.

2)    The Company's board of directors are required, by their Articles of Association, to prepare a Business Plan covering the next three years and to seek the approval of Cabinet as shareholder, of that Business Plan. Once approved, the directors of the Company must ensure that the Company's business is conducted in compliance with that plan.

3)    The report sets out the advice and recommendations from the Council's officers together with areas of concern and key risks for Cabinet to consider in its on-going investment in the Company.

 

RECOMMENDED that:

 

1)    The Company’s three-year business plan is approved, as set out in Appendix A of the report.

 

2)    Cabinet notes the likely call-down on the £15 million loan approved within the Council's existing Capital Programme in the Financial Year 2022/2023, as set out in Appendix C which will be:

a)    at a rate of interest consistent with Subsidy Control rules.

b)    necessary either for the sustainability of existing income streams of the Company or for the generation of additional income for the Company.

c)    represents the most favourable return to the Council

 

3)    Cabinet directs the Company to provide the Cabinet with an indicative business plan by the 31 December each year, and for the Company to bring forward its next annual business plan to Cabinet for approval by no later than the 31 March in each year.

 

4)    The Company business plan, in addition to the requirements set out in article 146 of its' Articles of Association, must in addition demonstrate to the Cabinet's satisfaction that it is:

a)         based on robust assumptions with a more than reasonable chance of being achievable.

b)         prepared to illustrate the financial effect of reasonable optimistic and reasonable pessimistic scenarios to enable the Cabinet to understand the reasonable range of risk associated with the "Base Case" Business Plan.

c)         reflects the exposure of the company to cyclical trade factors and adverse weather and demonstrates to the Cabinet that the three-year Business Plan provides an overall net return to the Council over the period considering all returns received by the Council through rents, dues and all other profit elements of services provided by the Council (including the Portsmouth International Port).

Additional documents:

Decision:

1)         The Company’s three-year business plan be approved, as set out in Appendix A.

2)         Cabinet noted the likely call-down on the £15 million loan approved within the Council's existing Capital Programme in the Financial Year 2022/2023, as set out in exempt Appendix 1 which will be:

a)         at a rate of interest consistent with Subsidy Control rules.

b)         necessary either for the sustainability of existing income streams of the Company or for the generation of additional income for the Company.

c)         represents the most favourable return to the Council

3)         Cabinet directed the Company to provide the Cabinet with an indicative business plan by the 31 December each year, and for the Company to bring forward its next annual business plan to Cabinet for approval by no later than the 31 March in each year.

4)         The Company business plan, in addition to the requirements set out in article 146 of its' Articles of Association, must in addition demonstrate to the Cabinet's satisfaction that it is:

a)         based on robust assumptions with a more than reasonable chance of being achievable.

b)         prepared to illustrate the financial effect of reasonable optimistic and reasonable pessimistic scenarios to enable the Cabinet to understand the reasonable range of risk associated with the "Base Case" Business Plan.

c)         reflects the exposure of the company to cyclical trade factors and adverse weather and demonstrates to the Cabinet that the three-year Business Plan provides an overall net return to the Council over the period considering all returns received by the Council through rents, dues and all other profit elements of services provided by the Council (including the Portsmouth International Port).