Decisions

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 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 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 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).

The County Council acting as the West Sussex Fire and Rescue Authority (WSFRS) must meet its statutory duty with regard to receiving calls and mobilising to an emergency incident.  This service is currently provided through a joint arrangement with East Sussex Fire and Rescue Service under a service delegation Agreement made under section 16 Fire and Rescue Services Act 2004.

The Leader on behalf of the Cabinet Member for Safer, Stronger Communities took a decision (ref: SSC4 18.19) to serve notice of termination on the current Section 16 Agreement. The notice was issued in August 2018 and the termination is effective from February 2020.

This is a time critical project with a short delivery window to ensure the statutory duties of the Fire Authority are met. Over the past eight months officers have been evaluating suitable mobilising options for West Sussex Fire and Rescue Service.

These evaluations considered around 20 different options with five being considered as options worthy of further appraisal. These five options were investigated taking into account collaboration opportunities for Fire and Rescue, Technological and Financial aspects of delivering this service to provide a balance of excellent service to our residents, safety of our firefighters and value for money.

There are significant additional collaboration opportunities identified within the proposal through entering into a new Section 16 Agreement with Surrey Fire & Rescue Service.  This sets the foundations for wider future collaboration opportunities across other services.

The Cabinet Member for Safer, Stronger Communities has approved that:

1)   the Director of Operations be authorised to engage with Surrey Fire and Rescue Service to formalise a partnership through a new Section 16 Agreement aimed to deliver a joint mobilisation system and control centre to take effect no later than 17 February 2020, be authorised; and

2)   the Director of Operations be authorised to explore wider Fire and Rescue IT collaboration opportunities to realise efficiencies and improve effectiveness for both services as set out in Section 4 of this report. 

52.1   Members were informed that since the capital governance was approved in December 2015, it had been implemented across all capital programmes and projects.  The experience and learning of the last three years had led to some proposed changes in order to improve the efficiency and transparency of the capital approvals process in the following key areas.  The Committee was asked to consider a report by the Director of Law and Assurance on a number of changes for recommendation to the County Council (copy appended to the signed minutes).

52.2  Resolved - That changes to the governance of the capital programme, as set out in the report, be endorsed for recommendation to the County Council.

53.1   The Committee considered a report by the Director of Human Resources and Organisational Change on proposed revisions to the Pay Policy Statement for recommendation to the County Council (copy appended to the signed minutes).

53.2  Resolved - That the proposed revisions to the Pay Policy Statement, as set out in Appendix 1 to the report, be endorsed for recommendation to the County Council.

51.1   The Committee was reminded that at its last meeting it had asked for a more detailed report on substitution with a view to considering whether to recommend the a system to allow substitutes at select committee meetings. 

51.2   Members considered a report by the Director of Law and Assurance which set out why the previous system of substitutes on select committees had been abolished in 2005, how to establish substitution and also contained an option for presuming that a member could speak at a select committee if that member’s political group would otherwise be unrepresented (copy appended to the signed minutes).

51.3   The Committee considered the two possible approaches set out in section 2 of the report and supported the proposal set out in paragraph 2.2 that there should be a mechanism of formal substitution on select committees.

51.4   Members recommended that there should be one named substitute per political group for each select committee and that substitutes should automatically receive papers for each meeting, irrespective of whether they were likely to be called on to substitute.

51.5   Members noted that the Constitutional changes required to put the proposals into effect would be taken to the next meeting of the County Council in February for approval.  The Committee supported the introduction of the new system with immediate effect after the Council meeting and therefore asked that nominations for substitutes be sought for approval at the same meeting.

51.6  Resolved – That the County Council be recommended that a system of formal substitutes be introduced for select committees, with one named member per political group for each select committee, to be adopted with immediate effect.

50.1   The Committee was reminded that at its meeting on 28 November 2018 it had agreed to carry out a review of County Local Committees after May 2019.  The Committee considered a report by the Director of Law and Assurance on the proposed terms of reference for the review (copy appended to the signed minutes).

50.2   The Head of Democratic Services introduced the report referred to the membership of the working group as set out in paragraph 2 of Appendix 1 of the report.  She confirmed that Mrs Millson had agreed to remain a member of the group representing the Horsham district and that Mrs Mullins would be the representative for Crawley.  The Conservative Group Leader would confirm the remaining three names in due course.

50.3  Resolved – That the terms of reference, as set out in Appendix 1 to the report, be approved.

The High Weald Area of Outstanding Natural Beauty (AONB) covers parts of Crawley Borough and Horsham and Mid Sussex District Councils.  Legislation requires local authorities with land in an AONB to prepare and publish an up-to-date plan that ‘formulates their policy for the management of the area and for the carrying out of their functions in relation to it’.  Where AONBs cross administrative boundaries, local authorities are required to act jointly to prepare the plan.

In the High Weald, this requirement is delivered through the High Weald Joint Advisory Committee (JAC), a partnership that includes all 15 local authorities covering the area, including the County Council, together with community, environment and land-based sector representatives. 

There is also a legal duty that requires adopted and published management plans to be reviewed at intervals of not more than five years.  Accordingly, the current High Weald AONB Management Plan 2014-19 will be replaced by a new plan covering the 2019-2024 period.  Consultation on a draft plan took place in summer 2018 and the High Weald JAC is recommending that the individual local authorities adopt the new Plan (included as Appendix A to the report) before the end of March 2019. 

As a local authority policy document, the Management Plan will guide the County Council’s plan-making and decision-taking by providing an objective, evidence-based tool articulating what matters in terms of AONB purpose and the fulfilment of statutory duties. 

The Cabinet Member for Environment has approved the adoption of the High Weald AONB Management Plan 2019-24.

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. 

The Cabinet Member for Finance and Resources has agreed that Court Meadow, Hanlye Lane, Cuckfield, Haywards Heath, West Sussex, RH17 5HN be declared surplus to service operational requirements and approved of the disposal of the County Council’s freehold estate. 

Appendix B, (Part II for members only), advises on the outcome of the initial marketing of Court Meadow.  The Cabinet Member has endorsed the sale to the purchaser making the most suitable bid.

The Budget report details the County Council’s revenue budget, the level of council tax proposed for 2019/20, the nature of its expenditure, income and savings for a balanced budget.  It will also outline the County Council’s Capital Programme to cover the five year period 2019/20 to 2023/24, which will update the programme previously agreed by County Council.

Cabinet will be asked to endorse the Revenue Budget and Capital Programme for approval at County Council on 15 February 2019.

Following consideration of the report at its meeting on 29 January 2019, the Cabinet resolved to endorse the Medium Term Financial Strategy 2019/20 to 2022/23, Revenue Budget 2019/20, Capital Strategy 2019/20 to 2023/24 and Treasury Management Strategy Statement 2019/20, subject to the amendments outlined in Annex 6, for endorsement by County Council on 15 February 2019.

The call-in deadline is 7 February 2019.

The County Council is committed to providing at home planned respite services for carers across the County and a range of away from home respite services delivered within the District and Borough boundaries.

Key Decision AH03(18/19) approved the procurement of the recommissioning of the Carers Short Break Services. Accordingly experienced providers have been procured through a compliant, open and competitive procurement.

The Executive Director, Children’s, Adults’, Families, Health and Education has delegated powers to award the Contract to the bidders that provides the most advantageous tender. This report seeks the approval of the Executive Director, Children’s, Adults’, Families, Health and Education to make the contract award.

The Executive Director, Children, Adults, Families, Health and Education has approved that:

1)    the following contracts for a period of 3 years with the option to extend for a period, or periods, of up to 2 years, a maximum duration of 5 years, to commence on the 1 April 2019; be awarded

Lot 1 – Countywide Carer at Home Respite Services is awarded to Carers Trust East Midlands

Lot 2 – Carer Away from Home Respite Service to be award to the following providers: Adur – Independent Lives, Arun – Age UK West Sussex, Crawley – Age UK West Sussex, Horsham – Age UK Horsham, Mid Sussex – Age UK West Sussex, Worthing – Guild Care.

2)    as it has not be possible to award a contract for the Chichester area as a result of only one unsuitable tender being received, under Section 12 of Standing Orders, negotiations will be entered into with a single provider.

Since April 2018 the Community Initiative Fund (CIF) has been allocated by County Local Committees through a crowdfunding model called ‘the West Sussex Crowd’. This has enabled funding from other sources to be pledged to local projects and causes.  By early January 2019, over £190,000 had been pledged, £118,000 of which had come from external funding sources.  The ability to leverage such external funding, combined with the fact that the CIF budget is usually underspent each year, has led to the development of this proposal to reduce the CIF budget as part of the Council’s overall savings programme.

This report details the proposal to reduce the budget for the Council’s CIF from £280,000 per year to £140,000 per year.  This proposal will be included in the Governance Committee review of County Local Committees due to take place between May and September 2019, with implementation of savings to be delayed until the review has been completed.  Any in-year underspend in the CIF will not be rolled forward into the budget for 2019/20 but will be used to mitigate savings required for 2019/20 in front line service areas whilst alternative funding sources are explored.

The Cabinet Member for Safer, Stronger Communities has approved that;

(1)     the budget for the Council’s Community Initiative Fund (CIF) be reduced from £280,000 per year to £140,000 per year;

(2)     this proposal be included in the Governance Committee review of County Local Committees, with implementation of savings to be delayed until the review has been completed; and

(3)     any in-year underspend in the Community Initiative Fund will not be rolled forward into the budget for 2019/20 and will be used to mitigate savings required for 2019/20 in front line service areas whilst alternative funding sources are explored.

Update (15/08/19): Implementation of this saving was delayed to enable consideration by a member working group set up by the Council’s Governance Committee to carry out a review of County Local Committees (through which CIF is allocated).  The working group has now considered this matter and has concluded that whilst CIF is an important mechanism for the Council to support community-based projects and programmes, the proposed in-year reduction is appropriate. Therefore this in-year saving will now be implemented.