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  • Agenda, decisions and draft minutes

    Babergh Cabinet - Thursday, 4th February, 2021 9.30 am

    • Attendance details
    • Agenda frontsheet PDF 281 KB
    • Agenda reports pack
    • ADDENDUM TO AGENDA PDF 80 KB
    • Printed decisions PDF 592 KB
    • Printed draft minutes PDF 1 KB

    Venue: Teams Meeting

    Media

    Items
    No. Item

    55.

    APOLOGIES FOR ABSENCE

    Minutes:

    There were no apologies for absence.

    56.

    DECLARATION OF INTERESTS BY COUNCILLORS

    Minutes:

    Councillor Osborne declared a local non-pecuniary interest in respect of report number BCa/20/32 in her capacity as a trustee of Citizens Advice.

     

    57.

    BCa/20/26 TO CONFIRM THE MINUTES OF THE MEETING HELD ON 07 JANUARY 2021 pdf icon PDF 248 KB

    Minutes:

    It was RESOLVED:

     

    That the minutes of the meeting held on 07 January 2021 were confirmed as a true record. The minutes would be signed at the next practicable opportunity.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    To vote on confirmation of the minutes of the meeting held on 07 January 2021 Resolution Carried
  • View Recorded Vote for this item
  • 58.

    TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH THE COUNCIL'S PETITION SCHEME

    Minutes:

    None received.

    59.

    QUESTIONS BY COUNCILLORS

    Minutes:

    Full minute to follow.

    60.

    MATTERS REFERRED BY THE OVERVIEW AND SCRUTINY OR JOINT AUDIT AND STANDARDS COMMITTEES pdf icon PDF 47 KB

    Chair of the Overview and Scrutiny Committee

    Additional documents:

    • BCa2027 Appendix A Draft Minute Town Centre Parking , item 60. pdf icon PDF 195 KB
    • BCa2028 BDC Overview & Scrutiny Report General Fund Budget , item 60. pdf icon PDF 46 KB
    • BCa2028 Appendix A Draft Minute General Fund Budget , item 60. pdf icon PDF 81 KB
    • BCa2029 BDC Overview & Scrutiny Report HRA Budget , item 60. pdf icon PDF 47 KB
    • BCa2029 Appendix A Draft Minute HRA Budget , item 60. pdf icon PDF 73 KB

    Minutes:

    Full minute to follow.

    61.

    FORTHCOMING DECISIONS LIST

    Please note the most up to date version can be found via the website:

     

    https://www.babergh.gov.uk/the-council/forthcoming-decisions-list/

     

     

    Minutes:

    Full minute to follow.

    62.

    BCa/20/30 SPECIAL URGENT DECISIONS TAKEN BY OFFICERS DURING THE COVID-19 PANDEMIC PERIOD UNDER DELEGATED POWERS IN ACCORDANCE WITH PART 2 OF THE CONSTITUTION pdf icon PDF 70 KB

    Monitoring Officer

    Additional documents:

    • Appendix A Officer Decisions , item 62. pdf icon PDF 11 KB

    Minutes:

    Full minute to follow.

    63.

    BCa/20/31 CAR PARKING STUDY REPORT pdf icon PDF 3 MB

    Cabinet Member for Environment

     

    Draft Minute from Babergh District Council Meeting – 19 January 2021 Petition for Debate in Accordance with the Council’s Petition Scheme attached.

    Additional documents:

    • BDC DRAFT COUNCIL MINUTE 19 -1-21 Car Parking , item 63. pdf icon PDF 210 KB

    Decision:

    It was RESOLVED:

     

    3.1       That the parking management principles and interventions detailed in Appendix A of the report be implemented no earlier than 01 October 2021.

     

    3.2       That additional parking controls or tariffs be applied to District car parks in accordance with Option 2, table 2, paragraph 6.3 of the report, subject to the Statutory Order Process and requirements for consultation, in order to achieve the availability and occupancy priorities outlined below.

     

    3.3       That 24 hour residential parking permits be available to residents in Mill Lane, Sudbury subject to the Statutory Order Process and requirements for consultation.

     

    3.4       That delegated authority be given to the Assistant Director for Environment & Commercial Partnerships to make changes to the parking orders in order to implement recommendations 3.2 and 3.3 of the report.

     

    3.5       That a longer-term parking strategy be developed for the whole District, and that the review work to develop such a strategy commences in quarter two of 2021/22. This strategy should ensure that a proportion of income generated from chargeable parking will be allocated to the delivery of the sustainable travel agenda.

     

    Reason for Decision: To make changes in respect of parking management and maintenance that best balance the Council’s desires to improve traffic management and environmental impacts; to support local residents, visitors, and workers; to grow the commercial vitality of Babergh’s towns; to improve the public spaces and streetscape; to reduce the current subsidy so that the motorist pay more of the cost of the car parking; and to fund investment into sustainable travel projects.

     

    Alternative Options Considered and Rejected:

     

    1.1       A number of options have been considered, including no change (which has been discounted as there are some known actions contained in Appendix D, which will impact parking provision), different levels of controls, increased management of parking, including the implementation of short term charging or additional charging at some, or all locations.

     

    1.2       Data has been collected based on a study carried out during February 2020 of all Council owned car parks in Babergh District and is therefore both before the emergency measures were imposed, but also one of the quieter months of more normal years – representing a best-case scenario.

     

     1.3      Informal observations have also been carried out in order to test the application of the data throughout the year, in particular to the impact of leisure/tourism in popular locations.

     

    Any Declarations of Interest Declared: None

     

    Any Dispensation Granted: None

    Minutes:

    It was RESOLVED:

     

    3.1       That the parking management principles and interventions detailed in Appendix A of the report be implemented no earlier than 01 October 2021.

     

    3.2       That additional parking controls or tariffs be applied to District car parks in accordance with Option 2, table 2, paragraph 6.3 of the report, subject to the Statutory Order Process and requirements for consultation, in order to achieve the availability and occupancy priorities outlined below.

     

    3.3       That 24 hour residential parking permits be available to residents in Mill Lane, Sudbury subject to the Statutory Order Process and requirements for consultation.

     

    3.4       That delegated authority be given to the Assistant Director for Environment & Commercial Partnerships to make changes to the parking orders in order to implement recommendations 3.2 and 3.3 of the report.

     

    3.5       That a longer-term parking strategy be developed for the whole District, and that the review work to develop such a strategy commences in quarter two of 2021/22. This strategy should ensure that a proportion of income generated from chargeable parking will be allocated to the delivery of the sustainable travel agenda.

     

    Reason for Decision: To make changes in respect of parking management and maintenance that best balance the Council’s desires to improve traffic management and environmental impacts; to support local residents, visitors, and workers; to grow the commercial vitality of Babergh’s towns; to improve the public spaces and streetscape; to reduce the current subsidy so that the motorist pay more of the cost of the car parking; and to fund investment into sustainable travel projects.

     

    Alternative Options Considered and Rejected:

     

    1.1       A number of options have been considered, including no change (which has been discounted as there are some known actions contained in Appendix D, which will impact parking provision), different levels of controls, increased management of parking, including the implementation of short term charging or additional charging at some, or all locations.

     

    1.2       Data has been collected based on a study carried out during February 2020 of all Council owned car parks in Babergh District and is therefore both before the emergency measures were imposed, but also one of the quieter months of more normal years – representing a best-case scenario.

     

     1.3      Informal observations have also been carried out in order to test the application of the data throughout the year, in particular to the impact of leisure/tourism in popular locations.

     

    Any Declarations of Interest Declared: None

     

    Any Dispensation Granted: None

    Recorded Vote
    TitleTypeRecorded Vote textResult
    To vote on recommendations 3.1, 3.2, 3.3, 3.4 and 3.5 as detailed in the report number BCa/20/31 and including the agreed amendments. Resolution Carried
    To vote on the amendment to recommendation 3.5 that a longer-term parking strategy be developed for the whole district, and that the review work to develop such a strategy commences in quarter two of 2021/22. This strategy should ensure that a proportion of income generated from chargeable parking will be allocated to the delivery of the sustainable travel agenda. Ad-Hoc Carried
    To vote on the amendment to recommendation 3.3 that 24 hour resident parking permits will be available to residents in Mill Lane Sudbury subject to the Statutory Order Process and requirements for consultation Ad-Hoc Carried
  • View Recorded Vote for this item
  • 64.

    BCa/20/32 GENERAL FUND BUDGET 2021/22 AND FOUR-YEAR OUTLOOK pdf icon PDF 819 KB

    Cabinet Member for Finance

    Additional documents:

    • APPENDIX D - BDC Budget Book 21-22 , item 64. pdf icon PDF 361 KB
    • BDC Addendendum to BCa2032 - Flexible Use of Capital Receipts Report , item 64. pdf icon PDF 70 KB

    Decision:

    It was RESOLVED:

    1.1          That the General Fund Budget proposals for 2021/22 and four-year outlook set out in the report be endorsed for recommendation to Council on 23 February 2021.

    1.2          That the General Fund Budget for 2021/22 is based on an increase to Council Tax of £5 per annum (10p per week) for a Band D property, which is equivalent to 2.96%, to support the Council’s overall financial position.

     

    1.3          That the Flexible Use of Capital Receipts Strategy at Appendix E of the report be endorsed for recommendation to Council on 23 February 2021.

     

    1.4          That subject to approval by Council, the Ministry of Housing, Communities and Local Government (MHCLG) be notified of the adoption of the Strategy.

     

    Reason for Decision: To bring together all the relevant information to enable Cabinet Members to review, consider and comment upon the Councils General Fund budget for endorsement and recommendation to Council.

     

    Alternative Options Considered and Rejected: Setting a balanced budget is a statutory requirement, therefore no other options are appropriate in respect of this.

     

    Any Declarations of Interest Received: Councillor Osborne declared a local non-pecuniary interest in her capacity as a trustee of Citizens Advice.

     

    Any Dispensation Granted: None

     

     

     

    Minutes:

    Full minute to follow.

     

    It was RESOLVED:

    1.1          That the General Fund Budget proposals for 2021/22 and four-year outlook set out in the report be endorsed for recommendation to Council on 23 February 2021.

    1.2          That the General Fund Budget for 2021/22 is based on an increase to Council Tax of £5 per annum (10p per week) for a Band D property, which is equivalent to 2.96%, to support the Council’s overall financial position.

     

    1.3          That the Flexible Use of Capital Receipts Strategy at Appendix E of the report be endorsed for recommendation to Council on 23 February 2021.

     

    1.4          That subject to approval by Council, the Ministry of Housing, Communities and Local Government (MHCLG) be notified of the adoption of the Strategy.

     

    Reason for Decision: To bring together all the relevant information to enable Cabinet Members to review, consider and comment upon the Councils General Fund budget for endorsement and recommendation to Council.

     

    Any Declarations of Interest Received: Councillor Osborne declared a local non-pecuniary interest in her capacity as a trustee of Citizens Advice.

     

    Any Dispensation Granted: None

     

     

    Recorded Vote
    TitleTypeRecorded Vote textResult
    To vote on recommendations 3.1 and 3.2 as detailed in report number BCa/20/32 and recommendations 3.3 and 3.4 as detailed in the addendum to the report Resolution Carried
  • View Recorded Vote for this item
  • 65.

    BCa/20/33 HOUSING REVENUE ACCOUNT (HRA) BUDGET 2021/22 AND FOUR-YEAR OUTLOOK pdf icon PDF 295 KB

    Cabinet Member for Finance

    Decision:

    It was RESOLVED:

     

    1.1       That the HRA Budget proposals for 2021/22 and four-year outlook set out in the report be endorsed for recommendation to Council on 23 February 2021.

     

    1.2       That the CPI + 1% increase of 1.5% in Council House rents, equivalent to an average rent increase of £1.35 a week be implemented.

    1.3       That garage rents are kept at the same level as 2020/21.

    1.4       That Sheltered Housing Service charges be increased by £0.69 per week to ensure recovery of the actual cost of service.

    1.5       That Sheltered Housing utility charges are kept at the same level as 2020/21.

    1.6       That the budgeted surplus of £127k be transferred to the Strategic Priorities reserve in 2021/22.

    1.7       That in principle, Right to Buy (RTB) receipts should be retained to enable continued development and acquisition of new council dwellings.

    Reason for Decision: To bring together all the relevant information to enable Cabinet Members to review, consider and comment upon the Councils Housing Revenue Account budget for recommendations to Council.

    Alternative Options Considered and Rejected: The Housing Revenue Account Budget for 2021/22 and four-year outlook is an essential element in achieving a balanced budget and sustainable medium-term position, therefore no other options are appropriate in respect of this.

    Any Declarations of Interest Declared: None

    Any Dispensation Granted: None

     

    Minutes:

    Full minute to follow.

     

    It was RESOLVED:

     

    1.1       That the HRA Budget proposals for 2021/22 and four-year outlook set out in the report be endorsed for recommendation to Council on 23 February 2021.

     

    1.2       That the CPI + 1% increase of 1.5% in Council House rents, equivalent to an average rent increase of £1.35 a week be implemented.

    1.3       That garage rents are kept at the same level as 2020/21.

    1.4       That Sheltered Housing Service charges be increased by £0.69 per week to ensure recovery of the actual cost of service.

    1.5       That Sheltered Housing utility charges are kept at the same level as 2020/21.

    1.6       That the budgeted surplus of £127k be transferred to the Strategic Priorities reserve in 2021/22.

    1.7       That in principle, Right to Buy (RTB) receipts should be retained to enable continued development and acquisition of new council dwellings.

    Reason for Decision: To bring together all the relevant information to enable Cabinet Members to review, consider and comment upon the Councils Housing Revenue Account budget for recommendations to Council.

    Any Declarations of Interest Declared: None

    Any Dispensation Granted: None

     

    Recorded Vote
    TitleTypeRecorded Vote textResult
    To vote on recommedations 3.1, 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7 as detailed in report number BCa/20/33 Resolution Carried
  • View Recorded Vote for this item
  • 66.

    BCa/20/34 COUNCIL TAX HARDSHIP FUND pdf icon PDF 103 KB

    Cabinet Member for Finance

     

    This item is being presented to Cabinet under the General Exception Rules for Key Decisions in accordance with Part 3 Section 17 of the Constitution.

    Decision:

    It was RESOLVED:

     

    1.1          That an additional £150 (+/- £25) top up award is made to all working age Local Council Tax Reduction Support cases with a liability for 2020/21 to take the total hardship award to up to £300 (+/- £25).

     

    1.2          That any residual balance, after applying the additional award, is used to fund Discretionary Financial Assistance for residents in exceptional circumstances.

     

    Reason for Decision: To ensure that the Hardship Fund is fully spent by 31st March 2021 thereby aiding those working age LCTRS taxpayers most in need of support.

     

    Alternative Options Considered and Rejected:

     

    1.1          Option 1 - Designate additional funds to Discretionary Housing Payments (DHP). This option is not recommended as there is no need to put additional money into this fund now because there is still an unspent balance of £20k or 14% of the allocation from the Government for 2020/21.

     

    1.2      Options 2 – Designate additional sums to Discretionary Financial Assistance (DFA)and use these awards to clear council tax arrears. Making awards of DFA for customers who have arrears would improve the position of the Collection Fund but would penalise those who have made arrangements to bring their debt under control and would set an expectation in relation to future arrears. For this reason, it is not the preferred option.

     

    1.3          Option 3  Increase the award from the Hardship Fund from ‘up to £150’ to an amount that exhausts the fund. This is the preferred option because it would apply additional funds to any working age LCTRS customer who had a liability in the year 2020/21 and a balance to pay after LCTRS and any discounts/reliefs had been applied. Residents have different amounts to pay depending on their entitlement to LCTRS, their property banding and who else lives with them. Allowing a higher allocation from the Hardship Fund would mean more residents had less council tax to pay for the year 2020/21.

     

    Any Declarations of Interest Declared: None

     

    Any Dispensation Granted: None

     

     

    Minutes:

    Full minute to follow

     

    It was RESOLVED:

     

    1.1          That an additional £150 (+/- £25) top up award is made to all working age Local Council Tax Reduction Support cases with a liability for 2020/21 to take the total hardship award to up to £300 (+/- £25).

     

    1.2          That any residual balance, after applying the additional award, is used to fund Discretionary Financial Assistance for residents in exceptional circumstances.

     

    Reason for Decision: To ensure that the Hardship Fund is fully spent by 31st March 2021 thereby aiding those working age LCTRS taxpayers most in need of support.

     

    Any Declarations of Interest Declared: None

     

    Any Dispensation Granted: None

     

     

    Recorded Vote
    TitleTypeRecorded Vote textResult
    To vote on recommendations 3.1 and 3. as detailed in report number Bca/20/34 Resolution Carried
  • View Recorded Vote for this item
  • 67.

    BCa/20/35 ADOPTION OF THE REVISED TABLE OF FARES FOR HACKNEY CARRIAGES pdf icon PDF 169 KB

    Cabinet Member for Environment

    Additional documents:

    • Appendix A - Revised Hackney Carriage Table of Fares , item 67. pdf icon PDF 57 KB
    • Appendix B - Existing Table of Fares for Hackney Carriages , item 67. pdf icon PDF 105 KB
    • Appendix C - Responses Received during the Consultation Period , item 67. pdf icon PDF 2 MB

    Decision:

    It was RESOLVED:

     

    That Cabinet following consideration of Licensing and Regulatory Committee’s recommendations, adopts the revised table of fares, whether modified or not, attached Appendix A to this report, and in accordance with Section 65 of the Local Government (Miscellaneous Provisions) Act 1976, set a new date for the varied table of fares to become effective no later than two months after the specified date of 1 April 2021.

     

    Reason for Decision: To adopt the revised table of fares for Hackney Carriages within the Babergh District.

     

    Alternative Options Considered and Rejected:

     

    1.1          Officers have undertaken the statutory public consultation exercise as instructed by the Licensing and Regulatory Committee at the meeting of 9 October 2020.  The Licensing and Regulatory Committee in accordance with the Local Government (Miscellaneous Provisions) Act 1976 considered the two options set out below, whilst having had due regard for objections received, which have not been withdrawn.  Objections which have been received are attached to this report as Appendix C.

    Option 1

    That the Licensing and Regulatory Committee was minded that no change was necessary to the revised table of fares fixed for Hackney Carriages operating in the controlled zone of the Babergh District. 

    Option 2

    That the Licensing and Regulatory Committee was minded, to modify the revised table of fares fixed for Hackney Carriages operating in the controlled zone of the Babergh District. 

    1.2      The Licensing and Regulatory Committee following consideration of the options above made the following recommendations to Cabinet that:

              (i)       option 1 be approved and the revised table of fares attached to this report as   Appendix A, for Hackney Carriages within the controlled zone of the Babergh           District be adopted; and

              (ii)       once adopted the revised table of fares shall become effective on 5 April 2021.

    Any Declarations of Interest Declared: None

    Any Dispensation Granted: None

     

    Minutes:

    Full minute to follow.

     

    It was RESOLVED:

     

    That Cabinet following consideration of Licensing and Regulatory Committee’s recommendations, adopts the revised table of fares, whether modified or not, attached Appendix A to this report, and in accordance with Section 65 of the Local Government (Miscellaneous Provisions) Act 1976, set a new date for the varied table of fares to become effective no later than two months after the specified date of 1 April 2021.

     

    Reason for Decision: To adopt the revised table of fares for Hackney Carriages within the Babergh District.

     

    Any Declarations of Interest Declared: None

    Any Dispensation Granted: None

     

    Recorded Vote
    TitleTypeRecorded Vote textResult
    To vote on recommendation 3.1 as detailed in report number BCa/30/35 Resolution Carried
  • View Recorded Vote for this item
  • 68.

    EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)

    To consider whether, pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public should be excluded from the meeting for the business specified below on the grounds that if the public were present during this item, it is likely that there would be the disclosure to them of exempt information as indicated against the item.

     

    The author of the report proposed to be considered in Part 2 of the Agenda is satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

    Minutes:

    Members agreed not to exclude the public.

    69.

    BCa/20/36 TO CONFIRM THE CONFIDENTIAL MINUTES OF THE MEETING HELD ON 07 JANUARY 2021

    • View the reasons why item 69. is restricted

    Minutes:

    It was RESOLVED:

     

    That the confidential minutes of the meeting held on 07 January 2021 were confirmed as a true record. The minutes would be signed at the next practicable opportunity.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    To vote on confirmation of the confidential minutes of the meeting held on 07 January 2021 Resolution Carried
  • View Recorded Vote for this item
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