15/11/2022 - 22/00106 - Disposal of the Former Laleham Gap School, Southcliffe Parade, Broadstairs CT10 1TJ

Proposed decision:

 

To agree to the disposal of the property, the former Laleham Gap School and playing field, Southcliffe Parade, Broadstairs CT10 1TJ and delegate authority to:

 

1.       The Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, to finalise the terms of the disposal; and

 

2.       The Director of Infrastructure, to authorise the execution of all necessary or desirable documentation required to implement the above.

 

Reason for the decision

The property is surplus to the Council’s operational requirements and, due to the value, a key decision is required as per the Kent County Council’s constitution.

 

Background

The site is a former school building and playing field. It has been declared surplus by the Council as it is no longer required for operational purposes. The school was relocated to a new purpose-built facility on another site.

 

The Council intends to progress with the disposal of the site in line with its adopted Freehold Asset Disposal Policy. The site has been allocated for housing within the Local Plan and initial advice provided from agents regarding anticipated values indicates that a key decision is required.

 

Consent has been sought and gained from the Secretary of State for Education, allowing Kent County Council to progress with a disposal, given the former education use of the site.

 

A decision is sought to authorise disposal of the site and to delegate authority to the Director of Infrastructure to finalise the terms, subject to consultation with the relevant cabinet member.

 

Options

The Council has an overarching duty under Section 123 of the Local Government Act 1972 to secure not less than best consideration in respect of property disposals. It also has a fiduciary duty to the residents of Kent.

 

The property is not required for the Council’s operational purposes and has been considered surplus to education needs following the relocation of the school to the new site.  Since vacation of the school site, alternative service needs were considered and none have been identified. A disposal provides an opportunity to reinvest capital in agreed priorities, as set out in the Council’s Capital programme.

 

How the proposed decision supports the Interim Strategic Plan

By securing a capital receipt to fund the Capital programme and to streamline the Council’s property portfolio to achieve financial and efficiency benefits, in line with appropriate policy.

 

 

 

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision due date: Not before 14/12/2022 in order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: Broadstairs;

Lead officer: Hugh D'Alton

Notice of decision: 15/11/2022

Anticipated restriction: Part exempt  - view reasons

Explanation of anticipated restriction:
Supporting documentation will include an exempt report which will contain information considered to be commercially sensitive in relation to the Council’s financial affairs.


08/11/2022 - 22/00101 - Commissioning Plan for Education Provision in Kent 2023 - 2027

Proposed decision:

 

To agree the Commissioning Plan for Education Provision in Kent 2023-27.

 

 

Reason for Decision and Background

 

Kent County Council (KCC), as the Local Authority (LA), has a statutory duty to ensure sufficient school places are available. The County Council’s Commissioning Plan for Education Provision in Kent 2023-27 (KCP) is a five-year rolling plan which is updated annually. It sets out our future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent.

 

The Plan details how we will carry out our responsibility for ensuring there are sufficient high quality places, in the right places for all learners, while at the same time fulfilling our other responsibilities to raise education standards and promote parental preference.  The Plan indicates the expected future need for education provision, thereby enabling parents and education providers to put forward proposals as to how these needs might best be met.

 

The KCP sets out the principles by which we determine proposals, and it forecasts the need for future provision.  It also sets out in more detail plans to meet the commissioning needs which arise in each District in Kent during the Plan period.

 

Decision Maker: Cabinet

Decision due date: Not before 07/12/2022

Division affected: (All Division);

Lead officer: Nick Abrahams

Notice of decision: 08/11/2022

Anticipated restriction: Open


05/04/2022 - 22/00027 - Disposal of Saxon House, Tina Gardens, Broadstairs CT10

Proposed decision:

To agree to the disposal of the property asset known as Saxon House, Broadstairs, Kent and delegate authority to:

 

1.       The Director of Infrastructure in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, tofinalise the contractual terms of the disposal. 

 

2.       The Director of Infrastructure to authorise the execution of necessary contractual and land agreements required to implement the above.

 

Reason for the decision:

The property is surplus to the Councils requirement with an estimated transaction value in excess of £1million and is therefore a key decision.

 

Background:

The land was previously used by Kent County Council (KCC) for educational purposes until the new Foreland Fields School opened in 2017. The site is surplus to the ongoing operational requirements of the Council and is being progressed for disposal. The property comprises of a site totalling 0.59 Hectares (1.46 acres), with an existing single storey educational building of 1980/90’s construction and outbuilding and a grassed open space. Saxon House is situated in Broadstairs on the Kent Coast.

 

Diagram Description automatically generated with low confidence

A pre-marketing process was undertaken, and an advert placed in the Estates Gazette on 19 February for one week, providing notification in the mainstream property media that the site is coming forward. This resulted in several expressions of interest. Subsequently the property has been formally marketed with external agents and initial bids are to be received by 25 March 2022.

 

Options:

·         KCC has considered the building for its own use, but it is not required.

·         Disposal of the asset.

 

How the proposed decision supports the Interim Strategic Plan:

The disposal of the site will enable the Council to secure a capital receipt to fund reinvestment the capital priorities as set out in the Medium-term Financial Plan.

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision due date: Not before 04/05/2022

Division affected: Broadstairs;

Lead officer: Alister Fawley

Notice of decision: 05/04/2022

Anticipated restriction: Part exempt  - view reasons


29/10/2021 - 21/00096 - Contract for Post Mortem Facilities for the North West Kent Coroner area

Proposed Decision:

To award a 12 month extension to the contract for the provision of post mortem (PM) facilities to Dartford & Gravesham NHS Trust.

 

Background

The Coroners and Justice Act 2009 places a duty on Coroners to investigate deaths that are referred to them if they have reason to think that:

  • The death was violent or unnatural;
  • The cause of death is unknown; or
  • The deceased died while in prison, police custody or another form of state detention eg where a Deprivation of Liberty Safeguard Order (DoLS) is in place

In some cases the Coroner will order a PM to establish the cause of death and in such cases the deceased is taken to one of 5 NHS mortuaries across Kent and Medway located at Margate, Ashford, Dartford, Tunbridge Wells and Gillingham.

On behalf of the Senior Coroners, KCC ensures there is adequate storage capacity for coroner’s bodies and that the oroners have access to PM facilities.  KCC does not have its own public mortuary facility, and so like many other coroner areas across England and Wales it has no choice but to use local NHS hospitals which have the necessary facilities for this purpose; there are no private sector providers of PM facilities anywhere in England and Wales.

The contract with Dartford & Gravesham NHS Trust expired on the 30th September 2021 and it has been necessary to put a contract extension in place to secure this critical service until such time as the proposed Digital Autopsy facility at Aylesford opens for business, currently estimated for August/September 2022. The Trust is agreeable to extend the contract for 12 months as this will guarantee that all their fixed and variable costs are met, which is an understandable approach.  It has therefore been agreed that the contract will be extended from 1 October 2021 to 30 September 2022 and if need be, can be terminated early by KCC serving six months’ notice.

Decision Maker: Cabinet Member for Community and Regulatory Services

Decision due date: 29/11/2021

Notice of decision: 29/10/2021

Anticipated restriction: Part exempt  - view reasons

Explanation of anticipated restriction:
The report will include commercially sensitive information.


14/10/2021 - 21/00089 - Kent Minerals and Waste Local Plan 2013-30: 2021 Review - Public Consultation

Proposed decision

Following a review of the 2016 Kent Minerals and Waste Local Plan, to approve and publish for public consultation (Regulation 18) proposed changes to the Kent Mineral and Waste Local Plan 2013-30 (the 2021 Review).

 

Background

The County Council has a statutory responsibility to plan for future minerals supply and waste management within Kent as set out in the National Planning Policy Framework 2021 (NPPF) and the National Planning Policy for Waste 2014 (NPPW). This responsibility is realised through the preparation of a Local Plan, in line with the Town and Country Planning (Local Planning) (England) Regulations 2012 (The Regulations).

 

The Kent Minerals and Waste Local Plan 2013-30 (KMWLP) was adopted by Full Council in July 2016 and subject to an early partial review of a limited number of policies in 2020 represents the planning policy framework for minerals and waste development in Kent. The KMWLP contains a number of policies relating to strategic planning for minerals supply and waste management capacity, as well as Development Management policies against which planning applications for these types of development should be assessed. The Plan also includes a number of policies related to the safeguarding of mineral resources and waste management facilities. 

 

The Regulations require Local Planning Authorities to review their Local Plans every 5 years.  This is to ensure that the policies remain relevant, conform to national policy and guidance and satisfactorily address the needs of the local community. Policies must be both legally compliant and sound, and in order to be considered sound they should meet the tests of being positively prepared, justified, effective and compliant with national policy. The Plan was partially reviewed in 2020 in the KMWLP Early Partial Review 2020. 

 

In accordance with plan making requirements set out in the Regulations, the Council has undertaken a 5 year review of the 2016 adopted KMWLP and identified a number of policies as outdated or no longer meeting the tests of soundness. This assessment is set out in detail in the Review of the Kent Minerals & Waste Local Plan 2021. The identified changes needed to the 2016 Kent Mineral and Waste Local Plan form the basis for the next plan making cycle.

 

Revisions are proposed to the Local Plan to principally reflect changes in national policy and guidance since 2016. These include amongst others changes to the National Planning Policy Framework, government policy and guidance on the achievement of a circular economy and those concerned with climate change and protection and enhancement of the natural environment. Revised draft policy and supporting text has been prepared. To satisfy the requirements of the Plan Making Regulations, consultation is now required on the proposed revisions to the adopted Plan so as to inform and influence future local plan work and the version that the Council will ultimately submit for examination to the Planning Inspectorate.

How the proposed decision meets the objectives of ‘Setting the Course’: Kent County Council’s Interim Strategic Statement (December 2020)

The Kent Minerals and Waste Local Plan delivers the Council’s adopted Mineral and Waste planning strategy and policies and is important in the determination of planning applications in Kent. A local plan is in accordance with national planning policy and guidance and provides a local perspective.  It supports the County Council’s corporate policies contained within the Council’s Setting the Course – Kent County Council’s Interim Strategic Plan 2020, which sets the Council’s priorities until 2022.

 

Kent’s mineral and waste planning policies support and facilitate sustainable growth in Kent’s economy. In addition, they support the protection and creation of a high-quality environment, with accessible local services that reflect the needs of the community. The proposed revised policy will reflect recent changes to the environmental agenda including mitigation and adaptation to climate change and Kent’s Climate Change Statement and measures to support covid recovery.

Decision Maker: Cabinet Member for Environment

Decision due date: Not before 12/11/2021 Affects two or more Electoral Divisions

Division affected: (All Division);

Notice of decision: 14/10/2021

Anticipated restriction: Open


09/09/2021 - 21/00076 - Provision of Community Support Services for Disabled Children and Young People - Outcome of Procurement Process

Proposed decision –

 

Contracts to be awarded to successful providers for the provision of Community Support Services (Care and Support in the Home) for Disabled Children and Young People following a recent procurement exercise linked to the Adults Care and Support in the Home contract.

 

Delegate decisions on the implementation to the Corporate Director of Children, Young People and Education, or other Officer, in consultation with the Corporate Director of Adult Social Care and Health as appropriate.

 

Further information –

 

Decision 20/00102 - Community Support Services for Disabled Children & Young People was taken on 19 March 2020 and allowed officers to follow a competitive procurement process for children’s community support services within the Adults ‘Care and Support in the Home’ contract. 

 

Following the competitive procurement process a further decision is required to award the contracts to the successful providers. 

Decision Maker: Cabinet Member for Integrated Children's Services

Decision due date: Not before 08/10/2021

Division affected: (All Division);

Lead officer: Christy Holden

Notice of decision: 09/09/2021

Anticipated restriction: Open


09/09/2021 - 21/00079 - Contracts for Post Mortem Facilities for the Mid Kent & Medway, North East Kent and Central & South East Kent coroner areas

Proposed Decision

 

To award 12 month extensions to the contracts for the provision of post mortem (PM) facilities to East Kent Hospitals NHS Trust and Medway NHS Trust.

 

Further Information

The Coroners and Justice Act 2009 places a duty on Coroners to investigate deaths that are referred to them if they have reason to think that:

  • The death was violent or unnatural;
  • The cause of death is unknown; or
  • The deceased died while in prison, police custody or another form of state detention eg where a Deprivation of Liberty Safeguard Order (DoLS) is in place

In some cases the Coroner will order a PM to establish the cause of death and in such cases the deceased is taken to one of 5 NHS mortuaries across Kent and Medway located at Margate, Ashford, Dartford, Tunbridge Wells and Gillingham.

On behalf of the Senior Coroner, KCC ensures there is adequate storage capacity for Coroner’s bodies and that the Coroner has access to PM facilities.  KCC does not have its own public mortuary facility and so like many other coroner areas across England and Wales it has no choice but to use local NHS hospitals which have the necessary facilities for this purpose; there are  no private sector providers of PM facilities anywhere in England and Wales.

The contracts with these two NHS Trusts expire on the 30th September 2021 and it is necessary to put in place contract extensions to secure this critical service until such time as the proposed Digital Autopsy facility at Aylesford opens for business, currently estimated for July 2022. Discussions have been held with each of the Trusts and whilst they are happy to extend the contracts they have insisted this must be for 12 months to guarantee that all their fixed and variable costs are met, which is an understandable approach.  It has therefore been agreed that the contracts will be extended from 1 October 2021 to 30 September 2022 and if need be, can be terminated early by KCC serving six months notice.  

 

Financial Implications

 

The contract with East Kent NHS Trust is a fixed fee regardless of activity levels and is paid in 12 equal installments.  At the point where the DA facility opens, all deceased that would normally have undergone an invasive PM will be scanned, so dependent on if and when notice is served to end the contract extension, KCC could potentially be liable for both DA scanning charges and the monthly charge for PM’s even though no PM’s will be taking place in the East Kent area.  To mitigate this scenario, the move over to DA will be phased with deaths in the East Kent area not being scanned until the contract extension comes to an end.  Based on 2020 activity levels the estimated cost of the East Kent contract extension is within the budgeted revenue cost for 2021-22.

 

The contract with Medway NHS Trust is based on a cost per PM, so if there are no PM’s, there are no costs to KCC.  This means that at the point where the DA facility opens, KCC will only have to meet the scan charge.    Based on 2020 activity levels the estimated costs of the Medway contract extension is within the budgeted revenue cost for 2021-22. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Decision Maker: Cabinet Member for Community and Regulatory Services

Decision due date: Not before 08/10/2021

Division affected: (All Division);

Lead officer: Giles Adey

Notice of decision: 09/09/2021

Anticipated restriction: Part exempt

Explanation of anticipated restriction:
The report will include commercially sensitive information.


16/03/2020 - 20/00027 - Clean Up Kent and Public Realm Improvements

Proposed Decision:

 

a)            Approve a programme of works to deliver a range of projects to ‘clean up’ Kent and to improve the public realm  across Kent

 

b)            Approve the proposed funding allocations and project development arrangements required to support and deliver the programme; and

 

c)            Delegate authority to the Corporate Director for Growth Environment and Transport to take relevant actions, including but not limited to, entering into relevant contracts, legal arrangements or other arrangements, as necessary to implement this decision.

 

 

Background:

 

Kent’s Future, Our Priority’ will become Kent County Council’s new 5 Year Plan, to replace the previous strategic statement ‘Increasing Opportunities, Improving Outcomes (2015-2020)’. The Plan is structured around seven outcomes which reflect the key things that residents and businesses said were essential to a good quality of life in Kent. One of the seven outcomes is, A cleaner and greener Kent.’  

 

A key message from the recent public consultation was that residents care about the places they live in, they are proud of where they live, and want to protect these places by looking after the quality, maintenance and cleanliness of our physical environment, especially town centres, local streets, beaches, public rights of way and green spaces.

 

Options:

 

It was also clear from the public consultation that residents wantedthe County to be clear how it will deliver the plan. This detail is contained within the 5-Year Plan objectives including working with partners to improve the quality of Kent’s public realm.  It is intended that a range of physical improvements will be developed, in conjunction with local stakeholders to reflect different priorities  but will be targeted at cleaning up and improving the quality and appearance of the public realm.

 

Decision Maker: Cabinet

Decision due date: Not before 14/04/2020 In order that the proposed decision can be published for a minimum of 28 days in accordance to statutory requirements

Lead officer: Simon Jones

Notice of decision: 16/03/2020

Anticipated restriction: Open


19/11/2019 - 19/00095 - Discovery Park: Growing Places Fund

Proposed Decision:

 

·         Kent County Council be the administration and funding decision authority for the £5.3m allocation from SELEP’s Growing Places Fund;

 

·         KCC draws down capital funds of £5.3m from the Growing Places Fund;

 

·         KCC makes available loan finance of up to £5.3m from the Growing Places Fund to support works at Discovery Park to build a spine road and associated infrastructure to enable the building of 500 new residential homes;

 

·         Authority be delegated to the Director of Economic Development to take appropriate actions, including but not limited to, entering into legal agreements as necessary to implement this decision.

   

Provided that:

 

1.    Kent County Council is able to agree a satisfactory loan agreement from Essex County Council as the accountable body for SELEP’s Growing Places Fund; and

 

2.    The receipt of a satisfactory application for loan finance for the works at Discovery Park subject to the rules of the Growing places Fund and the findings of an independent financial appraisal.

 

 

Background:

 

KCC shall invite applications for loan finance of up to £5.3m for infrastructure at Discovery Park. This £5.3m will be obtained from the Growing Places Fund (GPF), which is administered by the South East Local Enterprise Partnership (SELEP). Applications will then be appraised and considered through the same process as that which is currently used to determine applications for loans from the Kent and Medway Business Fund (KMBF). This means that any application will be required to submit a full business plan, be subject to independent appraisal and be considered by the KMBF Investment Advisory board before a decision is made by KCC. The owners of the Discovery Park site are aware of this proposed process and we anticipate that an application will be forthcoming when the process is launched. In parallel with this process, KCC shall seek to enter into a loan agreement with Essex County Council (the Accountable Body for GPF). These terms have been discussed with Essex County Council and have received an in-principle agreement. However, they will need to be formalised when an agreement to lend to a borrower have been reached.  

 

Options (it is a legal requirement (2012 Executive Arrangements regulations) to outline other options considered)

 

The alternative would be for Kent County Council not to act as an agent for SELEP for the £5.3m Growing Places Fund loan. There is no evidence that this would be a more effective way of achieving the outcome of securing investment in Discovery Park, and there is a risk if the funding allocation is returned to SELEP that it is no longer ring-fenced for investment in Discovery Park or the wider Kent area.

 

 

Decision Maker: Cabinet Member for Economic Development

Decision due date: Not before 18/12/2019 In order that the proposed decision can be published for a minimum of 28 days, in accordance to statutory requirements

Lead officer: Martyn Riley

Notice of decision: 19/11/2019

Anticipated restriction: Open


20/09/2017 - 17/00094 - Disposal of Land East of Great Chart Primary School, Singleton

Approval to the Director of Infrastructure to progress with and enter into the necessary documentation to complete the disposal of the aforementioned property in consultation with the Cabinet Member for Corporate and Democratic Services. The Decision will seek legal agreements to be actioned to complete the sale of the relevant properties.

Decision Maker: Cabinet Member for Corporate and Democratic Services

Decision due date: Not before 18/10/2017 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Lead officer: Roderick Lemerle

Notice of decision: 20/09/2017

Anticipated restriction: Part exempt  - view reasons