Agenda and decisions

A copy of the record of the previous decisions taken at Cabinet on 27 July 2021 are attached.

Purpose

To present Cabinet with the recommendations arising from the Scrutiny Management Panel held on 15 September 2021.

In reconsidering the matter, Cabinet should take into account any observations made by the Scrutiny Management Panel.  The options available to Cabinet are to either amend or reconfirm the decisions made on 22 June 2021.

After reconsideration of the decisions alongside the observations of the Scrutiny Management Panel, the subsequent decision made by Cabinet will not be subject to further Call-in.

Options available to Cabinet

That Cabinet reconsider some or all of the attached outside body appointments in light of the concerns raised by the Scrutiny Management Panel.

or

The Cabinet resolves to reconfirm the Outside Body appointments that it made at the 22 June 2021 meeting and in doing so, provide a reason for its decision.

DECISIONS

The following appointments were made:

Eastney Area Community Association - Councillor Kim Barrett

Fratton Community Association - Councillor Dave Ashmore.

New Theatre Royal - Will Purvis.

Kings Theatre Trust Ltd - Councillor Hugh Mason and Councillor Rob Wood.

Portsmouth Naval Base Property Trust - Terry Hall and Steve Pitt.

The Cabinet made the following appointments:

Standing Advisory Council for Religious Education - Councillor Ryan Brent.

Port Advisory Board - Councillor Simon Bosher

Southern Inshore Fisheries & Conservation Authority - Councillor Jeanette Smith

Violence Against Women & Girls Task Group - Councillor Kirsty Mellor.

Purpose

Central Government has imposed a Ministerial Direction on the City Council to

deliver a Class B charging Clean Air Zone (CAZ) to reduce levels of nitrogen

dioxide to comply with at least the legal limit value in the shortest possible time.

To enable the CAZ charges to be introduced for non-compliant vehicles entering the zone a charging order is required. The purpose of this report is to gain approval from Cabinet to formally make the charging order.

Recommendations

It is recommended that Cabinet:

(i)             Approve the making of the Portsmouth Clean Air Zone Charging Order 2021 (the Charging Order) substantially in the form provided as Appendix A tot his report, to take effect in time for the CAZ launch date of the 29^thNovember 2021;

(ii)            Delegate authority to the Assistant Director for Transport jointly with the City Solicitor (or their delegate) to agree and authorise any non-material changes to the Charging Order prior to making, in consultation with the Leader and Cabinet Members for: Traffic and Transportation; Climate Change and the Green Recovery; and Community Safety & Environment; and

(iii)          Authorise the City Solicitor to seal and make the Portsmouth Clean Air Zone Charging Order including any changes to the version of the Order provided as Appendix A as may be necessary in accordance with recommendation 2.2 above.

Appendix A of the report to follow.

1.    Approved the making of the Portsmouth Clean Air Zone Charging Order 2021 (the Charging Order) substantially in the form provided as Appendix A tot his report, to take effect in time for the CAZ launch date of the 29^thNovember 2021;

2.    Delegated authority to the Assistant Director for Transport jointly with the City Solicitor (or their delegate) to agree and authorise any non-material changes to the Charging Order prior to making, in consultation with the Leader and Cabinet Members for: Traffic and Transportation; Climate Change and the Green Recovery; and Community Safety & Environment; and

3.    Authorised the City Solicitor to seal and make the Portsmouth Clean Air Zone Charging Order including any changes to the version of the Order provided as Appendix A as may be necessary in accordance with recommendation 2.2 above.

Purpose

1.    To update Cabinet (following the reports in June 2020 and March 2021) on the delivery of the Health and Care Portsmouth vision for developing a local integrated intermediate care offer which offers Discharge to Assess, (D2A) rehabilitation, reablement and recovery support, primarily in people's home and in community beds where necessary that meets the needs of Portsmouth citizens.

2.    To seek the necessary approvals to enable Adult Social Care to work with Health & Care partners in the city to permanently establish a Discharge to Assess unit comprising beds within Harry Sotnick House.

RECOMMENDED that the Cabinet:

1.    Agree to the permanent transfer of the staff and related available budgets for the Victory Unit to Harry Sotnick House, acknowledging that this will result in Adult Social Care ceasing use of the Victory Unit at Wyllie Road.

2.    Agree that the Director of Adult Care consider and evaluate options for the use future of the space at Wyllie Road.

3.    Acknowledge that it has been possible to establish and operate the new Discharge to Assess unit within Harry Sotnick House at the current capacity, due to a combination of both the staff resources from the Victory Unit and the funding available through the governments temporary COVID Hospital Discharge Scheme.

4.    Acknowledge that health & care system partners have an ambition to establish a permanent 40-bedded D2A unit at HSH and that this proposal would require joint commissioning with and permanent funding contributions from Portsmouth CCG.

5.    Agree that the Director of Adult Care continue negotiations and enter into the necessary agreements with Health & Care partners, in consultation with the s.151 officer and the City Solicitor, (or their delegates) to establish:

             i.        A permanent jointly funded and commissioned D2A unit within Harry Sotnick House.

            ii.        Operational and funding arrangements to support people discharged from hospital, who cannot be supported within the D2A unit and require support from within the external care market, prior to a Care Act assessment being completed.

1.    Agreed to the permanent transfer of the staff and related available budgets for the Victory Unit to Harry Sotnick House, acknowledging that this will result in Adult Social Care ceasing use of the Victory Unit at Wyllie Road.

2.    Agreed that the Director of Adult Care consider and evaluate options for the use future of the space at Wyllie Road.

3.    Acknowledged that it has been possible to establish and operate the new Discharge to Assess unit within Harry Sotnick House at the current capacity, due to a combination of both the staff resources from the Victory Unit and the funding available through the governments temporary COVID Hospital Discharge Scheme.

4.    Acknowledged that health & care system partners have an ambition to establish a permanent 40-bedded D2A unit at HSH and that this proposal would require joint commissioning with and permanent funding contributions from Portsmouth CCG.

5.    Agreed that the Director of Adult Care continue negotiations and enter into the necessary agreements with Health & Care partners, in consultation with the s.151 officer and the City Solicitor, (or their delegates) to establish:

             i.        A permanent jointly funded and commissioned D2A unit within Harry Sotnick House.

            ii.        Operational and funding arrangements to support people discharged from hospital, who cannot be supported within the D2A unit and require support from within the external care market, prior to a Care Act assessment being completed.

Purpose

To provide an update to Cabinet on:

·       progress made since the Greening Strategy was adopted in March 2020;

·       the Green & Healthy City work programme;

·       next steps.

It is recognised that the greening agenda is very broad, with significant activities being undertaken across Council services and by partner organisations in the city that contribute to broader environmental aims. For the purposes of this paper, the focus is on progress against the four key areas as set out in the Greening Strategy. A further paper on wider 'green' activities that contribute to the reduction of carbon emissions will be brought to Cabinet at a later date.

RECOMMENDED that the Cabinet note the report.

Purpose

To seek approval for the publication and implementation of the Housing Delivery Test Action Plan 2021.

RECOMMENDED that the Cabinet agree that the Housing Delivery Test Action Plan 2021, attached as Appendix 1, be approved for publication and implementation.

Agreed that the Housing Delivery Test Action Plan 2021, attached as Appendix 1 to the report, be approved for publication and implementation.

Purpose of report

To seek approval from Cabinet to the Council's Corporate Plan - Our plan for recovery and renewal 2021-22.

RECOMMENED that Cabinet:

a)      To approve the Council's Corporate Plan - Our plan for recovery and renewal 2021-22 (see Appendix 1).

b)     To note that the plan demonstrates the Council's commitment to the recovery and renewal of the city that will be necessary, post pandemic, to support achieving the Vision for Portsmouth that has been agreed with partners.

c)      To agree that delegated authority be given to the Chief Executive to make minor changes to the draft document prior to publication.

a)      Approved the Council's Corporate Plan - Our plan for recovery and renewal 2021-22 (see Appendix 1).

b)     Noted that the plan demonstrates the Council's commitment to the recovery and renewal of the city that will be necessary, post pandemic, to support achieving the Vision for Portsmouth that has been agreed with partners.

c)      Agreed that delegated authority be given to the Chief Executive to make minor changes to the draft document prior to publication.

Purpose

a.  To highlight the impact of the work undertaken by the council’s in-house Switched On Portsmouth service over the preceding twelve month period; via the publication of their annual Switched On Portsmouth Impact Report

b.  To detail the progress made to the scope and scale of the services now being delivered within Portsmouth and the surrounding areas by the team; and highlight future areas of activity to further improve the service’s coverage.

c.   To show in detail the monetary and energy savings in Portsmouth households; and highlight progress against the action plan set out in the Energy and Water at Home Strategy 2020-25 and the Home Energy Support Service cabinet papers of October 2020 and January 2021.

d.  To highlight in particular the carbon savings that have been achieved through the delivery of the Switched On Portsmouth service. Over the past twelve months, activities delivered by the team have reduced annual emissions by 426 tonnes of carbon dioxide equivalent.

RECOMMENDED that the Cabinet note the report.

Purpose of Report

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 2021/22 in accordance with the proposals set out in the “Portsmouth City Council - Budget & Council Tax 2021/22 & Medium Term Budget Forecast 2022/23 to 2024/25” report approved by the City

Council on 09 February 2021.

Recommendations

It is recommended that:

(i)         The General Fund Forecast Outturn for 2021/22 (as at 30th June 2021) is an overall net underspend of and is analysed as follows:

(ii)            The forecast additional spending and forgone income as consequence of the Covid-19 Pandemic totalling £8.27m be noted;

(iii)          Members note that the financial consequences arising during 2021/22 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 9th February 2021.

(iv)          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 2022/23 Cash Limit.

(v)           In accordance with (iv) above and the requirement that in the first instance any Portfolio overspending must be met from the Portfolio Reserve, that £1,354,400 has been withdrawn from the Cabinet Portfolio Reserve to fund current forecast overspendings, leaving a nil balance.

(vi)          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 2022/23 Portfolio cash limit will be managed to avoid further overspending during 2022/23.

(i)     The General Fund Forecast Outturn for 2021/22 (as at 30th June 2021) is an overall net underspend of and is analysed as follows:

(ii)            The forecast additional spending and forgone income as consequence of the Covid-19 Pandemic totalling £8.27m be noted;

(iii)          Members note that the financial consequences arising during 2021/22 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 9th February 2021.

(iv)          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 2022/23 Cash Limit.

(v)           In accordance with (iv) above and the requirement that in the first instance any Portfolio overspending must be met from the Portfolio Reserve, that £1,354,400 has been withdrawn from the Cabinet Portfolio Reserve to fund current forecast overspendings, leaving a nil balance.

(vi)          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 2022/23 Portfolio cash limit will be managed to avoid further overspending during 2022/2

Purpose

To provide an update to Cabinet on cruise activity at Portsmouth International Port (PIP) over the past year and the economic impact on the city as the Port continues developments for cruise activity.

RECOMMENDED that the Cabinet note the report.

Purpose

To update the Cabinet of the work of the Portsmouth International Port (PIP) in its green recovery, sustainability measures and the potential provision of shore power to visiting ships in order to reduce ambient emissions.

RECOMMENDED that the Cabinet

1.    Support the port for the provision of shore power, subject to securing funding, including the short term development of a battery storage solution (for providing shore power to smaller cruise vessels and new Ro-Ro vessels) as well as a full term solution of supplying all vessels into PIP.

2.    Continues to support the port’s green recovery sustainability drive which includes a hydrogen electrolyser on the port, rolling-out further the current fuel filtering project and the construction and piloting of an external fine particle filter at the port boundary.

1.    Support the port for the provision of shore power, subject to securing funding, including the short term development of a battery storage solution (for providing shore power to smaller cruise vessels and new Ro-Ro vessels) as well as a full term solution of supplying all vessels into PIP.

2.    Continues to support the port’s green recovery sustainability drive which includes a hydrogen electrolyser on the port, rolling-out further the current fuel filtering project and the construction and piloting of an external fine particle filter at the port boundary.

Purpose

To gain approval for the implementation of the revised general terms and conditions for the use of Portsmouth International Port (PIP).

RECOMMENDED that the Cabinet agree that these terms and conditions be approved and be put into use as soon as possible, being published on the Port's website to ensure transparency for all Port users.

Agreed that these terms and conditions be approved and be put into use as soon as possible, being published on the Port's website to ensure transparency for all Port users.

Purpose

To gain approval for the award of the contract to Portico Shipping for the service provision at the Border Control Post for Portsmouth International Port. To run for five years from 1 January 2022 until 31 December 2026.

RECOMMENDED that the Cabinet agree that approval be given to award the service contract to Portico Shipping for the service provision at the Border Control Post for Portsmouth International Port.

Agreed that approval be given to award the service contract to Portico Shipping for the service provision at the Border Control Post for Portsmouth International Port.

In view of the contents of the appendices to the following item on the agenda the Cabinet is RECOMMENDED to adopt the following motion:

“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.

(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 dispose of the exempt documentation as confidential waste.

Report to follow under separate cover.

2.1  Approve the land assembly strategy for this City centre regeneration project as attached at Appendix 1.

2.2  Delegate authority to the Director of Regeneration and S151 Officer on the advice of the City Solicitor in consultation with the Leader to:

2.2.1 Negotiate and complete acquisitions of legal interests, on the basis of the statutory Compulsory Purchase Order (CPO) Compensation Code, in land required for the delivery of the City Centre Regeneration scheme.

2.2.2     To procure and appoint specialist advisers for:

• Land referencing Agents

• Specialist compulsory purchase surveyors

2.2.3     To approve the progress of all work necessary to establish a case for compulsory purchase of land required for the City Centre Regeneration scheme.

2.2.4     To approve, in principle, the use of compulsory purchase powers for the acquisition of land to deliver the City Centre Regeneration scheme (indicatively shown in red on the attached plan at Appendix 2) and note that the making of any compulsory purchase order will be subject to a further report to Cabinet confirming that the criteria in paragraph 3.22 have been met.

2.3. Cabinet noted that the redline area shown on the plan (Appendix 2) is currently widely drawn around the entire City Centre Regeneration scheme application site area. It is not anticipated that all land/interests including the two churches St. Agatha's and All Saints, as shown will need to be acquired to deliver the scheme however, a degree of flexibility prior to detailed technical approval of the scheme and its mitigation, is required at this stage. Officers will take all reasonable measures to minimise the need to acquire third party interests in accordance with CPO Guidance and the existing design approach to the scheme.

2.4. Cabinet noted that Officers will 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 City Centre Regeneration scheme may, where they conclude that it is no longer needed for its present purpose, appropriate the land for such statutory purpose as necessary to deliver the City Centre Regeneration scheme, 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.

2.5. Delegate authority to the Director of Regeneration and S151 Officer on the advice of the City Solicitor in consultation with the Leader to acquire the Delancey assets for a consideration to be disclosed to group leaders in a confidential briefing by the Chief Executive.