Decisions

To support completion of the County Council budget for the financial year 2019/20 there needs to be agreement of the extent to which discretionary fees and charges are increased.  As a rule, the fees and charges will be increased by the Retail Price Index, as at September 2018, 3.3%.  This is in line with the County Council’s policy to budget for cost inflation.  All changes will be implemented from 1 April 2019, unless otherwise stated.

The Cabinet Member for Finance and Resources has approved that;

1)   the discretionary fees and charges as set out at Appendix A take effect from 1 April 2019 or as otherwise stated within this report; and

2)   the Directors, in consultation with the Director of Finance, Performance and Procurement and the relevant Cabinet Member/s, be granted delegated authority to vary fees and charges in-year within their respective portfolios in support of achieving their income budgets, taking account of changes in service costs, the market environment, demand and/or service levels and any statutory constraints, except where other specific decision-making arrangements have been formally adopted (for example, on-street car parking).

As part of its capital programme management, in line with the County Council’s West Sussex Asset Management Policy and Strategy, the Council continually reviews its property estate. This includes consideration of assets which are likely to become surplus to operational requirements, i.e. no longer needed. In addition, the Council acquires or develops assets to meet statutory and service requirements as well as the Council’s wider purposes, including investment or to promote social and economic development opportunities. From time to time these activities give rise to decisions to purchase, dispose of or to develop an asset.

In February 2018 Full Council approved the Capital Programme for 2018/19 which included £50m for Investment Property Opportunities to deliver a revenue return as part of its overall Treasury Management Strategy to deliver the investment ambition agreed by Council. 

In line with the approach the Cabinet Member has endorsed the acquisition of the freehold of a property in Hove, East Sussex.

The proposed A29 Realignment Scheme will deliver a ~4km bypass to the east of Eastergate, Westergate and Woodgate villages.  The new road alignment will provide the highway infrastructure needed to mitigate the impacts of planned strategic development of 30ha of employment land and 3,720 new homes in the area.  Along with alleviating problems of traffic congestion along the existing A29, notably at the Woodgate level crossing which causes delays on a key access route to Bognor Regis.

To date, West Sussex County Council has commissioned the consultants WSP to carry out a Route Option Review of the A29 Realignment Scheme, develop the preliminary design and Full Business Case (FBC).  The previously submitted Strategic Outline Business Case to the Coast to Capital Local Enterprise Partnership (LEP) allocated in principle £13m of Local Growth fund to the scheme, subject to submission and approval of a FBC.

The Cabinet Member for Highways and Infrastructure has:

(1)     Approved the identified route for the A29 Realignment set out in sections 3.4 and 3.6 of the report;

(2)     Approved the A29 Realignment Business Case (exempt appendix to the report) for submission to Coast to Capital LEP for its approval;

(3)     Delegated authority to the Director for Highways and Transport, in consultation with the Director for Finance, Performance and Procurement, to enter into a Funding Agreement with Coast to Capital LEP for the whole scheme once approved;

(4)     Agreed to commence public consultation on the proposed scheme for the A29 Realignment described in section 3 of the report in Feb/March 2019;

(5)     Authorised, subject to business case approval, the commencement of a process to procure and award a ‘design and build’ contractor for Phase 1 of the A29 Realignment scheme from the approved list of contractors on the Highways and Transportation Framework;

(6)     Delegated authority to the Director for Highways and Transport to award the design and build contract following the outcome of the procurement process; and

(7)     Delegated authority to the Director for Highways and Transport to submit a planning application for Phase 1 of the scheme.

         (Due to consultation requirements and the need to ensure as much advance notice of the proposals and the scheme timetable as possible, there has been publicity for this decision.  This has been undertaken subject to the call-in process and will not prejudice any request for call-in.)

Following the call-in by the Environment, Communities and Fire Select Committee the Cabinet Member confirmed the following:

Thank you for making recommendations on the A29 Realignment Scheme (HI20 18/19) which were that the Committee:

•    Supports, in principle, the need for the A29 Realignment Scheme.

•    Calls on the Cabinet Member for Highways and Infrastructure to withdraw this decision and reconsider it in light of the concerns expressed by members today, and that any further decision which commits the County Council to any course of action relating to this is not published until after the current public consultation takes place, in which all contributions are given close consideration.

•    Agrees for the BPG to look into the current process surrounding the initial costing of major projects.

The scheme will help to deliver the West Sussex Transport Plan and the recently adopted Arun Local Plan which has established the principle of strategic development in the area and the A29 Realignment as part of the supporting infrastructure package.  By providing improved infrastructure to support the economy, I consider that the scheme will also help to deliver the West Sussex Plan which is our commitment to our residents.  Therefore, it is now up to the County Council to deliver the A29 Realignment to support the delivery of development and meet the needs of current and future residents.

It is clear to me from the information given by officers that withdrawing the decision would result in delays to the delivery programme.  This is a major infrastructure project with multiple funding partners and dependencies, so delaying the delivery programme would incur potential legal, financial and reputational risks.  Although I acknowledge the level of local concern that exists about the scheme that was reflected in the Committee debate and recommendations, I also note that the Committee supports, in principle, the need for the scheme.  Therefore, I consider that the decision should not be withdrawn as to do so would delay the delivery programme and could jeopardise delivery of the scheme.

However, in response to the Committee’s recommendations, I can confirm that comments received during the consultation will be taken into account before the scheme design is finalised.   I will also ensure that procurement of a design and build contractor should only take place provided that no substantive changes are required to the scheme.  I hope that these assurances will demonstrate to the Committee that the feedback received during the public consultation will be given due consideration as the scheme develops. 

Yours sincerely

Roger Elkins

Cabinet Member for Highways and Infrastructure

The County Council’s Future West Sussex Plan set outs its ambition to minimise the burden of local taxation, delivering the best outcomes for residents with the money it spends, whilst living within its means.  In 2018 the County Council agreed to adopt an Asset Management Policy and Strategy. An objective of the strategy is to acquire, manage, maintain and dispose of property effectively, efficiently and sustainably, together with optimising financial return and commercial opportunities.

In 2018 the County Council agreed the Choices for Future Strategy which included the relocation of adult day care services from Glenvue day centre.  The County Council now proposes to lease the Glenvue day centre to Age UK East Grinstead.

The Cabinet Member has endorsed:

1)   The decision that the County Council declares Glenvue Day Centre, Railway Approach, East Grinstead, East Grinstead, West Sussex, RH19 1BS, surplus to service operational requirements and that;

2)   the County Council enters into a sub-lease of Glenvue Day Centre, Railway Approach, East Grinstead, East Grinstead, West Sussex, RH19 1BS, with AgeUK East Grinstead and that; 

3)   authority is delegated to the Executive Director of Economy, Infrastructure and Environment in consultation with the Director of Law and Assurance to conclude the terms of the lease with AgeUK. 

The Crawley Growth Programme (CGP) is a key delivery mechanism to achieve the economic growth outcomes agreed in the Crawley Growth Deal. The programme is supported by financial allocations from the Coast to Capital Local Enterprise Partnership, West Sussex County Council (WSCC) and Crawley Borough Council. A WSCC decision in December 2017 (OKD03(17/18)) agreed funding allocations and delivery governance for the projects within the CGP. A critical CGP project approved in December 2017 is the improvements at Eastern Gateway in Crawley Town Centre.

Preliminary design and engagement has now been completed for the Eastern Gateway improvement scheme and it is proposed that scheme delivery is now progressed further through the procurement of a design and build partner from the WSCC Highways Design and Build framework.

The scheme will:

·         Improve connectivity between the town and key development sites in the vicinity of the proposals including the Town Hall, County Buildings, Crawley College and Telford Place;

·         Support the delivery of residential and commercial development in Crawley Town centre;

·         Improve the public realm and living environment in the town.

The Executive Director for Economy, Infrastructure and Environment has approved the commencement of a call-off procurement under an existing framework agreement for a design and build partner, from the WSCC Highways Design and Build framework, to progress the Crawley Eastern Gateway proposal.

Woodlands Meed is a Special School and College for 2-19 year olds located in Burgess Hill.  This report sets out the potential options to improve accommodation for the 15-19 year old pupils who are currently educated at the Woodlands Meed College site in Birchwood Grove Road, Burgess Hill.

The existing accommodation has significant suitability and condition issues meaning the College is unable to offer the full curriculum and unable to accommodate the full range of Special Educational Needs.  This currently results in the need for young people to be educated in costly placements in the independent non-maintained school sector.

Following a feasibility study to assess different potential solutions for improving the College it is proposed that the County Council develops the proposal to rebuild Woodlands Meed College on its current site and expand it by an additional 30 planned places from 100 to 130.  In order to progress this option it is necessary to appoint a design team through the County Council’s Multi-Disciplinary Consultant to undertake the design work required to develop the feasibility design into a formal proposal. This will entail the submission of a planning application and for all construction works to be fully designed, enabling costs to be sought for all elements of the proposal including construction, ICT, and furniture and equipment.

Once all costs are known, the Full Business Case for the project will be considered within the County Council’s Capital Programme governance.  Should this result in the development of a proposal to proceed it will be subject to the Key Decision process.

The Cabinet Member for Education and Skills has approved the allocation of £0.5m from the Capital Programme to enable a costed design to be produced for rebuilding and expanding Woodlands Meed College on its current site. The decision is subject to approval by the County Council in February 2019 of an allocation for Woodlands Meed within the Capital Programme.

WSCC/030/18/SWInstallation of new lighting layout to the existing car parking area.  The Glebe Primary School, Church Lane, Southwick, West Sussex, BN42 4GB

70.1   The Committee considered a report, as amended by the agenda update sheet, by the Head of Planning Services (copy appended to the signed minutes).  The report was introduced by Sam Dumbrell, Planner who provided a presentation on the proposals, details of consultation and key issues in respect of the application. 

70.2   Mr Barry Candy, local resident, spoke in objection to the application.  The need for lighting is accepted, but the tall lighting columns in the car are intrusive and impact on residents’ amenity; they should be replaced with bollard style lighting.  A school governor has stated that the tall lighting columns in the car park had not been a requirement.  The installation of lighting was sub contracted to a company based in Birmingham that has stated it is not prepared to amend the design which was done without any visit to the location.  A consultation was then carried out, but the design has not been changed.  The Head Teacher has stated that she was not engaged regarding the design, and would be happy with an alternative.  The tall columns are out of scale with the size of the car park.  The intensity of the lamps in the lighting columns is greater than that of the nearby highway lighting.  Residents’ objections are supported by their current County Councillor, and by a previous one as well.  The Committee is urged to either prevent the use of the tall lighting columns in the car park or impose restrictions on their height.

70.3   Mr David Simmons, Member for Southwick spoke on the application.  He requested that this matter be brought before the Committee.  The tall lighting columns in the car park cause a loss of amenity to local residents and can be said to have a significant impact on adjacent properties.  Shielding of lamps on tall columns does not prevent light spill.  Due process has not been followed: the lighting columns were installed without planning permission and without consultation.  Consideration of the impact has not included the floodlights on front of the school.  Lighting levels are unacceptable; only ‘adequate’ lighting is required and this could be obtained by use of bollard lighting in the car park.  Where bollard lighting is proposed along the access road, which next to walls and vegetation, it is considered adequate.  The bollard lighting has no impact on the adjacent Conservation Area and so should be used throughout.  The person in support of the application lives on the school site.  The designers/engineers did not even visit the site before the tall lighting columns were installed.  The part of the application recommending lighting columns in the car park should be rejected.

70.4   In response to points made by the speakers, Planning Officers clarified the following:

·         On the last point made Mr Simmons, the Committee is required to consider the acceptability of the whole application.

·         In relation to suggested bollard lighting for the car park, the WSCC Street Lighting Team has stated that bollard lighting can be blocked by parked cars and this may obscure a small person/child. 

·         As soon as Planning Officers were made aware of the installation of the lighting in the car park without planning permission the school was advised to submit an application to regularise the matter.

·         The WSCC Street Lighting Team has acknowledged that the column lighting is brighter than lighting on the adjacent highway but that it is not overly bright.  Baffles on their eastern side as well as timings, as required in condition 7 – Hours of Use, will limit the impact.

·         Painting the columns green, as required in condition 3 – Finishes, could help alleviate concerns about the industrial look of the lighting columns.

70.5   During the debate the Committee raised the points below and clarification was provided by the Planning Officers, where applicable:

Lamp intensity

Point raised – Shielding of lamps (baffles) does not work well or it has only a limited effect.

Response – None given.

Height of lighting columns in the car park

Point raised – The height of the lighting columns in the car park seems excessive, even at the proposed reduction to 4m.  It was agreed that bollard lighting for the car park could prove a risk to small people/children.  The designers did a poor job and the design could be improved.

Response – None given.

Conservation area

Point raised – There is a lack of information about the impact of the development on the Conservation Area, such as location of Listed Buildings and the church.

Response – The impact of the proposed lighting, upon the conservation area and on Listed Buildings was highlighted, as were the comments of Adur District Council (Planning & Environmental Health) and the WSCC Archaeologist, neither of whom raised any concerns.

Bat survey

Points raised – Why has a bat survey not been carried out, especially given the significant impact that lighting can have on bats?

Response – The WSCC Ecologist was not consulted on the need for a bat survey because these are generally only required for major works, such as demolition of buildings where there might be roosts.  Lighting is generally installed under permitted development and therefore, in most instances, a bat survey is not undertaken.

Five year replanting and maintenance plan

Points raised – Condition 5 – Tree Protection Statement should be amended, based on standard wording, requiring a five year replanting and maintenance plan.

Response – Should the Committee wish to propose this then this would be reasonable.

70.6  Mr S Oakley proposed that Condition 5 – Tree Protection Statement should be amended, based on standard wording, requiring a five year replanting and maintenance plan.  This was seconded by Mr Barrett-Miles, and put to the Committee and approved unanimously.  The final form of wording of the condition was delegated to the County Planning Team Manager.

70.7   Mr Barrett-Miles proposed that the item be deferred on the following grounds:

·         Pending further investigation into the impact of the design on the conservation area, listed buildings and surroundings adjacent to the site;

·         To ascertain whether or not a bat survey is required; and

·         To further investigate the impact on residential amenity caused by the current light spill and height of the lighting columns in the car park and to establish a way of mitigating this.

The proposal to defer was seconded by Lt. Cdr. Atkins.  The Committee voted on the proposal to defer the item, which was approved by a majority.

70.8   Deferred – for the reasons set out Minute 70.7 above, as stated by the Committee.

70.9   The Committee recessed at 2.35 p.m. and reconvened at 2.46 p.m.

The function of the nomination of school governors to maintained schools and academies is delegated to County Local Committees (CLCs) as it enables county councillors to maintain a valuable link with the schools and helps promote to the wider public the important role of school governors.

Under the Education Act 2011 local authority governors are nominated by the local authority but appointed by the governing body. The CLC can nominate any eligible person as a local authority governor, but it is for the governing body to decide whether their nominee has the skills to contribute to the effective governance and success of the school and meets any other eligibility criteria they have set.

At its meeting on 6 February 2019 the Joint Western Arun Area Committee approved the following nominations under the 2012 Regulations:

·         Mrs Rebecca Peters to Aldingbourne Primary School for a further four year term.

·         Ms Rachel Ayuba to Bersted Green Primary School for a four year term.

·         Mrs Christine Porter to Walberton and Binstead C of E Primary School for a four year term.

The call-in deadline for this decision is the 14 February.

The following pledges were approved for applications to CIF submitted via Spacehive:

284/JWAAC – 4Sight Vision Support, Space 4 Sight – up to £2213.00 – Towards purchasing equipment for people living with sight loss.

286/JWAAC – Bognor Bike Community CIC, Bognor Bike Recycling, up to £3763 – Towards purchasing additional bike parts to launch the project.

323/JWAAC – Eastergate Village Hall, Community Kitchen, Eastergate Hall – up to £4684 – Towards funding a kitchen refurbishment and installing a double over, gas hob and new counter.

The call-in deadline for this decision is the 14 February.

The County Council is working in partnership with stakeholders to co-produce a West Sussex strategy for tobacco control. The strategy will detail the West Sussex ambition to lead tobacco control actions which will reduce health inequalities and yield economic benefits. The plan is intended to cover the period 2019-2022; a timeframe aligned with the National Tobacco Control Plan

The previous West Sussex Tobacco Plan was launched in 2014 and this plan ended in 2018 so it needs to be replaced.  The previous plan addressed the local implications of national policy at the time; broadening action from stopping smoking to wider tobacco control.  The proposed future strategy will target deprived areas and people with the greatest need based on best population data and evidence of effectiveness.  It will take into account changes in context since the previous plan including resources available to stakeholders, the draft Health and Wellbeing Strategy, future plans for social care and the NHS (such as the NHS long term plan) and the Sustainability and Transformation Partnership Case for Change. It will be informed by learning from other areas (including innovations). The strategy will highlight how each stakeholder can support tobacco control as part of a whole system approach (in line with the West Sussex Public Health vision).

Awareness of the West Sussex Tobacco Control Strategy will be raised on No Smoking Day 13^th March 2019, at an event in an area of the county with a high smoking prevalence.

The  Cabinet Member for Adults and Health approves and supports the proposal for the development of a West Sussex Tobacco Control strategy 2019-2022 with stakeholders.

The function of the nomination of school governors to maintained schools and academies is delegated to County Local Committees (CLCs) as it enables county councillors to maintain a valuable link with the schools and helps promote to the wider public the important role of school governors.

Under the Education Act 2011 local authority governors are nominated by the local authority but appointed by the governing body. The CLC can nominate any eligible person as a local authority governor, but it is for the governing body to decide whether their nominee has the skills to contribute to the effective governance and success of the school and meets any other eligibility criteria they have set.

At its meeting on 5 February 2019 the South Chichester County Local Committee approved the following nominations under the 2012 Regulations:

Nomination for appointment:

• Mrs Helen Magri to Chidham Parochial Primary School for

a four year term

The call-in deadline is 13 February 2019.

The Community Initiative Fund is a County Local Committee (CLC) administered fund that provides assistance to local community projects.  Bids should show evidence of projects that have the support of the community and make a positive impact on people’s wellbeing and support The West Sussex Plan.

At its meeting on 5 February 2019 the South Chichester County Local Committee considered the Community Initiative Funding applications received via the West Sussex Crowd as set out in Appendix A.

The following pledges were approved:-

297/SC - The Apuldram Centre, Go Gardening, up to £2,500.00 – Towards purchasing an additional transit van to expand its service within the local area.

310/SC – The Red Box Project Chichester & Midhurst, Little things make big differences, up to £96.00 – Towards purchasing red boxes and a donation point.

316/SC – Chichester Community Development Trust, Discover Your Future: Get Girls Going!, up to £1,500.00 – Towards the cost of  IT equipment provision.  This pledge was subject to the project receiving verification from Locality and the project’s aims not changing significantly when it begins the fundraising stage.

317/SC – Oving Scarecrows, Oving Scarecrow Day 2019, up to £200.00 – Towards expansion of the event.

The following project was declined:-

321/SC – Embrace Chichester, towards the cost of initial web design and publicity for a new community website proving information about local groups.  The Committee raised concerns that the website may be a duplication of existing resources.  The group were encouraged to reapply at a future meeting and provide more detail on the information and networks that would be provided by the proposed website; and how this would provide benefit to the community.

The call-in deadline is 13 February 2019.

At its meeting on 5 February 2019, the South Chichester County Local Committee agreed to authorise the Director of Law & Assurance to bring the Traffic Regulation Order into operation as advertised.

The Committee also requested that officers undertake further consultation into permit schemes following representation that was made from a local residents’ association at the meeting.

The call-in deadline is 13 February 2019.

The North Mid Sussex County Local Committee had previously prioritised the need for traffic restrictions on Calluna Drive, Copthorne.

Following consideration of the report and the officer recommendation to approve a revised scheme, the Committee resolved to defer a decision until the next meeting to ensure that the local member’s views were taken into consideration.

The call-in deadline is 13 February 2019.

West Sussex County Council is required, under national funding regulations, to consult schools and the Schools Forum on proposed changes to funding arrangements affecting school budgets. The School Funding Review 2019/20 consultation document was published on 31 October 2018. Responses to the consultation and feedback from both the Schools Forum and the Children and Young People’s Services Select Committee have been taken into account in the development of the local funding formula for mainstream schools in 2019/20.

To alleviate pressures on certain budgets, proposals to transfer funding between Dedicated Schools Grant (DSG) funding blocks were also included as part of the schools funding consultation. Under the funding regulations, any transfer between blocks is a decision that is taken by the Schools Forum, although the County Council can seek to overturn this by applying to the Secretary of State for Education through a disapplication request.

The Cabinet Member for Education and Skills has:-

(1)   Agreed the proposals in relation to the local funding formula for mainstream schools as set out in section 2.14 of the report, and

(2)   Agreed to increase the permanent exclusion school budget deduction rates so that they include Additional Needs pupil-led funding (section 4.4 of the report).