Agenda and decisions

A copy of the record of the previous decisions taken at Cabinet on 5 September 2023 is attached.

Purpose

To discuss the proposal of the SEA CHANGE project at the Portsmouth International Port (PIP) and to seek project approval.

RECOMMENDED that the Cabinet

1.    Cabinet and Full Council notes the importance of investing in shore power at Portsmouth International Port (PIP).

2.    Cabinet and Full Council notes the existing funding for shore power in the capital programme, and the revised funding requirement for shore power.

3.    Subject to a satisfactory financial appraisal approved by the Director of Finance and Resources & S.151 Officer, Full Council approves to investing in shore power at a capital cost of £26.1m to be funded as follows:

·       Grant: £18,474,158

·       Prudential Borrowing: £4,625,842

·       Corporate resource: £3,000,000

1.    Noted and recommended that Full Council notes the importance of investing in shore power at Portsmouth International Port (PIP).

2.    Noted and recommended that Full Council notes the existing funding for shore power in the capital programme, and the revised funding requirement for shore power.

3.    Subject to a satisfactory financial appraisal approved by the Director of Finance and Resources & S.151 Officer, recommended that Full Council approves investing in shore power at a capital cost of £26.1m to be funded as follows:

4.    Grant: £18,474,158

5.    Prudential Borrowing: £4,625,842

6.    Corporate resource: £3,000,000

Purpose

To introduce the refreshed Portsmouth Greening Strategy and Delivery Plan, which serves to inform and set the Green & Healthy City work programme from mid-2023 onwards, and was approved for presentation to Cabinet by the portfolio holder for Climate Change and Greening the City in July 2023.

RECOMMENDED that the Cabinet approve the Greening Strategy and Delivery Plan, recognising that the greening agenda is broad, with significant activities being undertaken across Council directorates and in collaboration with partner organisations.

The Cabinet approved the Greening Strategy and Delivery Plan, recognising that the greening agenda is broad, with significant activities being undertaken across Council directorates and in collaboration with partner organisations.

Purpose

To seek approval of the draft Carbon Action Plans for publication.

RECOMMENDED that the Cabinet approves the Carbon Action Plans for publication.

Purpose

To share with the Cabinet details of the Portsmouth Youth Justice Strategic Plan 2023-25 (Appendix 1) and seek approval for that Plan.

RECOMMENDED that the Cabinet approve the plan and the priorities set out within it.

1.    Approved the Plan and the priorities set out within it.

2.    Recommended for Full Council to give final approval of the Plan in line with local governance processes.

Purpose

To update Cabinet on progress working towards a memorial for Her Majesty Queen Elizabeth II, subsequent to the Notice of Motion that was adopted at Full Council on 11 October 2022.

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

Purpose

To seek approval from Cabinet to take the draft equality, diversity and inclusion strategy to public consultation.

RECOMMENDED that the Cabinet approves the draft equality, diversity and inclusion strategy be consulted on before a final version of the strategy is brought to a future meeting for adoption.

Approved the draft Equality, Diversity and Inclusion Strategy be consulted on before a final version of the strategy is brought to a future meeting for adoption.

Purpose

1.    To seek approval of a revised set of principles to use as a strategic brief to bring forward a scheme for development on Tipner West and Horsea Island East. It includes an overarching project objective which will be used as part of the planning consent process to set out what the council aims to achieve.

2.    To provide members with information on the sifting process to shortlist future development options for Tipner West and Horsea Island East and summarises thumbnail options to be developed further.

RECOMMENDED that the Cabinet recommends to Full Council

1.    Note the content of this report.

2.    Consider and endorse the revised principles advanced by the cross-party steering group set out in Appendix A as a strategic brief to bring forward a scheme for development on Tipner West and Horsea Island East.

3.    Note the single overarching project objective in Appendix B that provides a high-level vision of what the Council is seeking to achieve.

4.    Note the masterplan options sifting process and regulatory engagement that is underway to create a shortlist of viable development options.

5.    Note the thumbnail options in Appendix C, which are to be worked up and sifted leading to a preferred masterplan option for the area known as Tipner West and Horsea Island East to be subsequently developed.

6.    Notes the proposed programme for progressing the project in Appendix D.

Recommended that Full Council:

1.    To note the content of this report.

2.    Consider and endorse the revised principles advanced by the cross-party steering group set out in Appendix A as a strategic brief to bring forward a scheme for development on Tipner West and Horsea Island East.

3.    Note the single overarching project objective in Appendix B that provides a high-level vision of what the Council is seeking to achieve.

4.    Note the masterplan options sifting process and regulatory engagement that is underway to create a shortlist of viable development options.

5.    Note the thumbnail options in Appendix C, which are to be worked up and sifted leading to a preferred masterplan option for the area known as Tipner West and Horsea Island East to be subsequently developed.

6.    Notes the proposed programme for progressing the project in Appendix D.

Purpose

To provide an update on the progress of the preparatory work necessary for the purposes of the Council, in its capacity as promoter of development, obtaining the relevant planning permission(s) and other consents likely to be required for the Tipner West and Horsea Island East Regeneration (the Project).

RECOMMENDED that the Cabinet

1.Note the update on the progress in respect of the Project of:

(i)             work being undertaken by the Council (as promoter of the Project) for the purposes of obtaining the necessary planning permission(s) and other consents likely to be required, and

(ii)           land assembly and land referencing;

2.On the basis of the Cabinet and Full Council resolutions contained within the contemporaneous report to the Cabinet and the Full Council titled "Tipner West & Horsea Island East Regeneration" for meetings on 08/10/2023 and 17/10/2023 respectively (the Contemporaneous Report), approve the taking by the Council (as promoter of the Project) of all steps required to progress each aspect of the consenting strategy for the Project.  This strategy is likely to require the Council (as promoter of the Project): (1) to make and thereafter promote an application for an order to be made under the Transport and Works Act 1992 (the TWAO application), which would include seeking inclusion in the TWA Order of compulsory acquisition powers where necessary, (2) to make and thereafter promote an application(s) for a Marine Licence(s), and (3) to make and thereafter promote an application(s) for a planning permission(s) under the Town and Country Planning Act 1990 (the TCPA application).  This includes:

(a)  the preparation of all relevant documentation for the above applications and the service of all necessary pre-application statutory notices; and

(b)  seeking and obtaining information in respect of all relevant land and interests in land in relation to the applications referred to in this paragraph 2.2.  The intention is to seek and obtain this information by making voluntary ‘requests for information’ and then, where appropriate, by issuing statutory requisitions for information in connection with interests in land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976;

3. Delegate authority to undertake all steps and actions referred to in paragraph 2.2 above to the Director of Regeneration;

4. Delegate authority to the Director of Regeneration to negotiate and complete agreements for the acquisition of relevant land and interests in land for the delivery of the Project.  These negotiations will be in accordance with the Compensation Code and advice will be sought from the City Solicitor, in consultation with the Leader;

5. Delegate authority to the Director of Regeneration to confirm the instruction of / instruct land referencing agents to identify all the third-party land and land interests required to deliver the Project and inform discussions with landowners as a precursor to negotiations to acquire land / interests based on voluntary agreements;

6. Note that Officers may need to seek a future resolution in respect of the Council seeking compulsory purchase powers in relation to the development to be authorised by the TCPA application (as the TWAO application will separately seek authorisation, where required, for compulsory purchase powers in relation to development it relates to) by the Council making a compulsory purchase order under section 226 of the Town and Country Planning Act 1990 (as well as, where necessary, under section 17 of the Housing Act 1985 and sections 239 and 240 of the Highways Act 1980) should the land referencing exercise identify third party land or rights that the Council is unable to purchase by agreement;

7. Note that Officers may need to seek a future resolution to grant the Director of Regeneration and the City Solicitor authority, in accordance with section 122 of the Local Government Act 1972, to declare that any land acquired or held and required for the delivery of the Project scheme is, where they conclude that it is no longer needed for its present purpose, appropriated for such statutory purpose as necessary to deliver the Project, and to authorise the overriding of such easements, rights, or other adverse matters burdening the land, where that is needed to deliver the scheme, in reliance on section 203 of the Housing and Planning Act 2016; and

8. Note that prior to and after the making of the TWAO application, resolutions of the Full Council under s.239 of the Local Government Act 1972 will be required, following publication of the requisite public notices.

The Cabinet:

9. Recommends to the Full Council to note the content of the report.

The Cabinet:

1.    Noted the update on the progress in respect of the Project of:

            i.         work being undertaken by the Council (as promoter of the Project) for the purposes of obtaining the necessary planning permission(s) and other consents likely to be required, and

          ii.         land assembly and land referencing;

2.    On the basis of the Cabinet and Full Council resolutions contained within the contemporaneous report to the Cabinet and the Full Council titled "Tipner West & Horsea Island East Regeneration" for meetings on 08/10/2023 and 17/10/2023 respectively (the Contemporaneous Report), approved the taking by the Council (as promoter of the Project) of all steps required to progress each aspect of the consenting strategy for the Project.  This strategy is likely to require the Council (as promoter of the Project): (1) to make and thereafter promote an application for an order to be made under the Transport and Works Act 1992 (the TWAO application), which would include seeking inclusion in the TWA Order of compulsory acquisition powers where necessary, (2) to make and thereafter promote an application(s) for a Marine Licence(s), and (3) to make and thereafter promote an application(s) for a planning permission(s) under the Town and Country Planning Act 1990 (the TCPA application).  This includes:

(a)  the preparation of all relevant documentation for the above applications and the service of all necessary pre-application statutory notices; and

(b)  seeking and obtaining information in respect of all relevant land and interests in land in relation to the applications referred to in this paragraph 2.2.  The intention is to seek and obtain this information by making voluntary ‘requests for information’ and then, where appropriate, by issuing statutory requisitions for information in connection with interests in land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976;

3.    Delegated authority to undertake all steps and actions referred to in paragraph 2 above to the Director of Regeneration;

4.    Delegated authority to the Director of Regeneration to negotiate and complete agreements for the acquisition of relevant land and interests in land for the delivery of the Project.  These negotiations will be in accordance with the Compensation Code and advice will be sought from the City Solicitor, in consultation with the Leader;

5.    Delegated authority to the Director of Regeneration to confirm the instruction of / instruct land referencing agents to identify all the third-party land and land interests required to deliver the Project and inform discussions with landowners as a precursor to negotiations to acquire land / interests based on voluntary agreements;

6.    Noted that Officers may need to seek a future resolution in respect of the Council seeking compulsory purchase powers in relation to the development to be authorised by the TCPA application (as the TWAO application will separately seek authorisation, where required, for compulsory purchase powers in relation to development it relates to) by the Council making a compulsory purchase order under section 226 of the Town and Country Planning Act 1990 (as well as, where necessary, under section 17 of the Housing Act 1985 and sections 239 and 240 of the Highways Act 1980) should the land referencing exercise identify third party land or rights that the Council is unable to purchase by agreement;

7.    Noted that Officers may need to seek a future resolution to grant the Director of Regeneration and the City Solicitor authority, in accordance with section 122 of the Local Government Act 1972, to declare that any land acquired or held and required for the delivery of the Project scheme is, where they conclude that it is no longer needed for its present purpose, appropriated for such statutory purpose as necessary to deliver the Project, and to authorise the overriding of such easements, rights, or other adverse matters burdening the land, where that is needed to deliver the scheme, in reliance on section 203 of the Housing and Planning Act 2016; and

8.    Noted that prior to and after the making of the TWAO application, resolutions of the Full Council under s.239 of the Local Government Act 1972 will be required, following publication of the requisite public notices.

9.    Recommended that Full Council note the content of the report.

Purpose

To update members on the current Revenue Budget position of the Council as at the end of the first quarter for 2023/24, in accordance with the proposals set out in the “Portsmouth City Council - Budget & Council Tax 2023/24 & Medium Term Budget Forecast 2024/25 to 2026/27” report approved by the City Council on 28^th February 2023.

RECOMMENDED that the Cabinet

1.Note the General Fund Forecast Outturn for 2023/24 (as at 30^th June 2023):

The underspend is analysed as follows:

2.Note that in accordance with approved policy as described in Section 6 any actual overspend at year end will in the first instance be deducted from any Portfolio Reserve balance and once depleted then be deducted from the 2024/25 Cash Limit.

3.Agree that Directors, in consultation with the appropriate Cabinet Member, consider options that seek to minimise any forecast overspending presently being reported and prepare strategies outlining how any consequent reduction to the 2024/25 Portfolio cash limit will be managed to avoid further overspending during 2024/25.

The enclosed report originally marked on the agenda "to follow" was published on 26 September 2023.

1.    Noted the General Fund Forecast Outturn for 2023/24 (as at 30^th June 2023).

2.    Noted that in accordance with approved policy as described in Section 6 any actual overspend at year end will in the first instance be deducted from any Portfolio Reserve balance and once depleted then be deducted from the 2024/25 Cash Limit.

3.    Agreed that Directors, in consultation with the appropriate Cabinet Member, consider options that seek to minimise any forecast overspending presently being reported and prepare strategies outlining how any consequent reduction to the 2024/25 Portfolio cash limit will be managed to avoid further overspending during 2024/25.

Purpose

To inform members and the wider community of the Council's treasury management activities in 2022/23 and of the Council's treasury management position as of 31 March 2023.

RECOMMENDED that the Cabinet note the actual prudential and treasury management indicators based on the unaudited accounts, as shown in Appendix B, (an explanation of the prudential and treasury management indicators is contained in Appendix C).

1.    Noted the actual prudential and treasury management indicators based on the unaudited accounts, as shown in Appendix B (an explanation of the prudential and treasury management indicators is contained in Appendix C).

2.    Noted that the report go to Full Council for noting.