Proposed decision
Approval of the Investment Advisory Board Terms of Reference and the recent voluntary appointments made to the Boards: The Investment Advisory Board, (“IAB”), IAB Sub-Group and the IAB Debt Recovery Group.
Reason for the decision
The Investment Advisory Board (IAB), the IAB Sub-Group and the IAB Debt Recovery Group convene monthly to support the operational delivery of the Kent & Medway Business Fund, Innovation Initiative Investment Fund (i3), the Discovery Park Technology Fund (DPTIF), Kent Life Sciences Fund (KLS) and the RGF Bespoke Equity Fund (RGFBEF). The role of the boards and sub groups is to make
· Recommendations to KCC to approve, reject or defer a funding application, include what conditions should be set if a funding is approved.
· Recommendations to KCC to reprofile repayment schedules for companies in receipt of funding within the Loan Portfolio and/or make recommendations to recover loan funds where all other repayment options have been exhausted.
The work of The Boards are covered by a number of Key Decisions attributable to specific loan schemes, the latest being 2300088 in conjunction with a revised set of Terms of Reference.
Background
The original Kent & Medway IAB Terms of Reference have been formally reviewed, by the Office of General Counsel and Officers of the Business Investment Team in conjunction with external support from a specialist lawyer within Bevan Brittan. This work provided a new draft set of Terms of Reference for review and subsequent approval on 16 January 2024 by the Investment Advisory Board.
Recruitment, vetting process, and exit interview process of Volunteer Board Members
To support the interim recruitment and thereafter an annual recruitment drive (subject to requirements for additional board members), the Business Investment Team developed a recruitment process along with template documentation, have established a recruitment panel supported by the Interim Head of Economy, Steve Samson and Susan Berdo, Strategic Programme Manager. This includes an exit interview process, which has been developed to support the continuous improvement of the Boards’ activities and delivery thereof.
Options (other options considered but discarded)
The Investment Advisory Board (IAB), IAB Sub-Group and IAB Debt Recovery Group have operated in their current capacity for a number of years and following a full review of the loan schemes, their associated administrative processes and funding thereof, options were considered for Board composition and recruitment , in line with the revised Terms of Reference provided by Bevan Brittan and supported by the Office of General Counsel.
1. Continue with the same recruitment processes which involved the nomination by an existing Board Member of a proposed new Board Member to approach. This was discarded in favour of 2. below.
2. Review the recruitment process and fully develop an open and transparent recruitment process for volunteer board members, and draw future membership from a more diverse business demographic which would ensure representative from all the business sectors within Kent & Medway, and those future emerging sectors.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
The Kent & Medway Business Fund (Standard) and KMBF Small Business Boost supports:
· Priority 1 – Levelling Up Kent (2, 3, 4, 5, 6 and 7)
· Priority 2 – Infrastructure for Communities (3)
· Priority 3 – Environmental Step Change (7)
How the proposed decision supports the Kent & Medway Economic Framework
The Kent & Medway Business Fund supports:
Ambition 1, Action area 4: Supports the conditions for Growth
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kent’s Future - Budget Recovery Strategy.pdf
The decision is compliant with the Strategic Statement in the context of the significant financial challenges that the Council is facing
As detailed above, the Boards support the Kent & Medway Business Fund (Standard) and KMBF Small Business Supports which supports the Council’s strategic objectives and the delivery of Securing Kent’s Future without negative impact on the priorities listed above.
It prioritises Best Value statutory duty considerations as volunteer board members receive no remuneration or no expenses.
Decision Maker: Cabinet Member for Economic Development
Decision published: 21/10/2024
Effective from: 29/10/2024
Decision:
As Cabinet Member for Economic Development I agree to accept the Investment Advisory Board Terms of Reference and the voluntary appointments made to the Boards: The Investment Advisory Board (“IAB”), IAB Sub-Group and the IAB Debt Recovery Group.
Lead officer: Susan Berdo
Proposed decision
(i) APPROVE the procurement and contract award of a zero value Highways Term Maintenance Contract.
(ii) DELEGATE authority to the Corporate Director of Growth Environment & Transport, to take relevant actions to facilitate the required procurement activity;
(ii) DELEGATE authority to the Corporate Director of Growth Environment & Transport in consultation with the Cabinet Member for Highways and Transport, to take relevant actions, including but not limited to, awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision; and
(iii) DELEGATE authority to the Corporate Director of Growth Environment and Transport, in consultation with the Cabinet Member for Highways and Transport, to award extensions of the contract in accordance with the relevant clauses within the contract.
Background and reason for decision
Our 5,400-mile road network in Kent has a replacement value of £10.2 billion. It plays a vital part in delivering council objectives set out in Framing Kent’s Future by enabling safe and reliable journeys around and through the county. Our roads support social wellbeing and economic prosperity. They are essential for emergency services to execute their work: policing, healthcare, fire, and emergency response provision all require an effective highway network. These services are a key part of a functioning society which cannot exist without well-maintained and well-managed roads.
Under Section 41 of the Highways Act 1980 the council has the legal duty to maintain its highways and all highway assets (e.g. bridges, tunnels, drainage etc). This duty includes responsibility for maintaining, managing and where necessary improving sections of the network and to keep the highways safe for the travelling public. These contractor services need to be commissioned externally to ensure the Council meets its statutory obligations and that service continuity is maintained.
Other options considered but discarded:
Deliver in-house: It has been established that there is no internal resource to deliver a contract of this size and complexity and that a commercially procured contract would be required through a provider with extensive ability and expertise
Do nothing. The current HTMC contract cannot be extended any further. New contractual arrangements must be in place from 1st November 2025 to allow time for implementation and mobilisation and to ensure service continuity from the 1st May 2026. Failure to commission services beyond this date will put KCC at risk in failing to deliver its statutory obligations to maintain the Highway, as the Highway Authority.
How the proposed decision supports Framing Kent’s Future 2022-2026: (https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy)
The proposed decision relates to Framing Kent’s Future priority Infrastructure for communities by ensuring our highways are safe and reliable for people to access employment, education, health provision and leisure opportunities
How the proposed decision supports Securing Kent’s Future: Securing Kents Future - Budget Recovery Strategy.pdf
The proposed decision relates to Securing Kent’s Future to review all contract spend to ensure the new contract delivers best value for money.
Decision Maker: Cabinet Member for Highways and Transport
Decision published: 17/10/2024
Effective from: 25/10/2024
Decision:
As Cabinet Member for Highways and Transport, I agree to:
(i) APPROVE the procurement and contract award of a zero value Highway Term Maintenance Contract;
(ii) DELEGATE authority to the Corporate Director of Growth Environment & Transport, to take relevant actions to facilitate the required procurement activity;
(iii) DELEGATE authority to the Director of Infrastructure in consultation with the Corporate Director of Growth, Environment and Transport to agree all necessary contractual arrangements relating to land and property matters in relation to the decision;
(iv) DELEGATE authority to the Corporate Director of Growth Environment & Transport in consultation with the Cabinet Member for Highways and Transport, to take relevant actions, including but not limited to, awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision; and
(v) DELEGATE authority to the Corporate Director of Growth Environment and Transport, in consultation with the Cabinet Member for Highways and Transport, to award extensions of the contract in accordance with the relevant clauses within the contract.
Division affected: (All Division);
Lead officer: Andrew Loosemore
Proposed decision
For the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services in consultation with the Cabinet Member for Economic Development to:
(i) APPROVE and DELEGATE to the Director of Growth and Communities to extend the current contract period for a period of nine months to allow time to undertake the disposal.
(ii) AGREE that the necessary steps can be taken to dispose of the Old Rectory Business Centre in Northfleet as a going concern.
(iii) DELEGATE authority to 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 execution of all necessary or desirable documentation required to implement the above
Background and reason for the decision:The Old Rectory Business Centre in Northfleet is a KCC-owned facility that has been offering high quality office space to local businesses since 2009. The current contractual arrangements with the company that manages the day-to-day operation of the centre will expire on 30 November 2024. In the light of ‘Securing Kent’s Future’ which requires a review of all discretionary expenditure, KCC is seeking to dispose of the asset as a going concern. This would provide a one-off capital receipt for KCC while ensuring the continued availability of in-demand workspace premises in Gravesham, the lack of which is a recognised constraint on the expansion of local small and medium sized enterprises.
Options:Officers have considered five options. The preferred option is to dispose of the asset and transfer its functions (as a business centre) as a going concern.
As a going concern, the asset has been valued by Investment and Disposals, Property Strategy at circa £773,000 although an actual figure will only be determined by testing the market.
This option will also ensure continued availability of business workspace in an area of the county where there is a lack of these facilities compared to neighbouring districts reinforcing KCC’s commitment to supporting economic regeneration and growth.
Other options considered:
Extend the current contract for a duration of 2-years:By extending the contract for two years, income generated could be around £680,000, with over £100,000 supporting maintenance and management, plus £50,000 in profit. However, this would not allow KCC to test the market for best value and may not support the objectives of Securing Kent’s Future.
Alignment to KCC Strategies:
· The proposed decision supports Framing Kent’s Future 2022-2026by boosting economic growth and support Small and Medium-sized businesses.
· The proposed decision supports Securing Kents Future - Budget Recovery Strategy.pdf by securing a capital receipt to invest in KCC’s priority projects and programmes whilst also streamlining KCC’s property portfolio, achieving financial and efficiency benefits.
· The proposed decision supports the Kent & Medway Economic Framework by supporting the conditions for growth through ensuring the ongoing availability of high quality workspace.
Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Decision published: 17/10/2024
Effective from: 25/10/2024
Decision:
As Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, in consultation with the Cabinet Member for Economic Development, I:
(i) APPROVE and DELEGATE to the Director of Growth and Communities to extend the current contract period for a period of nine months to allow time to undertake the disposal.
(ii) AGREE that the necessary steps can be taken to dispose of the Old Rectory Business Centre in Northfleet as a going concern.
(iii) DELEGATE authority to 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 execution of all necessary or desirable documentation required to implement the above.
Lead officer: Mark Reeves
Proposed decision
To agree to a revised Local Development Scheme (timetable) for work related to updating mineral and waste planning policy in Kent.
Reason for the decision
Legislation requires local plan making work to be undertaken in accordance with a published timetable or ‘Development Scheme’. The most recent timetable for updating the Kent Minerals and Waste Local Plan (KMWLP) and the Kent Mineral Sites Plan (KMSP) is set out in the Council’s ‘Minerals and Waste Local Development Scheme’ (LDS) and was agreed by the Environment and Transport Cabinet Committee (ETCC) in November 2023. A change to the timetable for both Plans is necessary for the following reasons:
(i) The independent examination hearing for the KMWLP commences in September and this impacts upon potential adoption dates;
(ii) To meet the examination hearing deadlines for the KMWLP, staff resources have had to be focussed on activities associated with the KMWLP rather than the Mineral Sites Plan (MSP); and
(iii) evidence gathering and assessment in relation to the MSP work is currently incomplete. Work is ongoing to test whether the evidence is robust and consistent with national planning policy which will determine whether a new quarry site should be allocated or not.
Background
The County Council has a statutory responsibility to plan for future minerals supply and waste management within Kent as set out in the Planning and Compulsory Purchase Act 2004, National Planning Policy Framework 2023 (NPPF) and the National Planning Policy for Waste 2014 (NPPW). This responsibility is realised through the preparation of a Local Plan, prepared in accordance 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, with some limited changes adopted in September 2020 as part of an ‘Early Partial Review’. The Kent Minerals and Waste Local Plan contains planning policies relating to minerals supply and waste management against which the Council assesses planning applications for these types of development. In addition, the Kent Mineral Sites Plan (adopted in September 2020) (KMSP) identifies three sites suitable for the quarrying of sand and gravel.
Regulations require local plans to be reviewed every five years to ensure that the policies remain relevant, conform to national policy and guidance and satisfactorily address the needs for waste management and mineral supply. Work on the Kent Minerals and Waste Local Plan Review commenced in 2021 and concluded a need for updates to the Plan to 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, those concerned with climate change and protection and enhancement of the natural environment. An updated KMWLP (which will cover the period 2024 to 2039) is currently being examined by an independent Planning Inspector.
Work on identifying an additional site for the working of hard rock in the Kent Mineral Sites Plan commenced in 2022.Detailed technical assessment on the suitability of the nominated site is ongoing. No decision has yet been made as the detailed technical assessment is currently incomplete.
Legislation requires local plan making work to be undertaken in accordance with a published timetable or ‘Development Scheme’. The most recent timetable for updating the KMWLP and the KMSP is set out in the Council’s ‘Minerals and Waste Local Development Scheme’ (LDS) and was considered by the Environment and Transport Cabinet Committee (ETCC) in November 2023, before being agreed by the Cabinet Member for Environment. The responsibility for the Local Plan work has since transferred to the Economic Development Portfolio. In light of the need to focus resources on the examination of the Kent Minerals and Waste Local Plan, work on the Kent Mineral Sites Plan has effectively been paused. Although some detailed technical assessment continues it will not be possible to progress the work on the Sites Plan to the timetable set out in the current Kent Minerals and Waste Development Scheme and so an update to the scheme is now proposed. An updated Minerals and Waste Development Scheme will also take account of the anticipated Kent Minerals and Waste Local Plan 2024-39 examination hearing dates.
Options (other options considered but discarded)
The legislation requires a Local Development Scheme in a prescribed format and for plan making work to take place in compliance with the adopted LDS. Other options are not permitted under the legislation.
How the proposed decision supports Framing Kent’s Future 2022-2026:
The KMWLP, in particular its Vision, Strategic Objectives and planning policies, helps facilitate the key strategic priorities of an Environmental Step Change and Infrastructure for Communities by supporting the delivery of sustainable growth in Kent’s economy. The KMWLP and supporting Kent Mineral Sites Plan recognise Kent’s environment as a core asset and seeks to adapt to, and mitigate, the impacts of climate change and assist in the delivery of net zero objectives. The proposed planning strategy will reflect recent changes to the environmental agenda including mitigation and adaptation to climate change and Kent’s Climate Change Statement, the circular economy, biodiversity and measures to support covid recovery. In addition, the proposed updated policies support the protection and creation of a high-quality environment, with accessible local services that reflect the community’s needs.
How the proposed decision supports Securing Kent’s Future:
The Local Plan work and the associated Local Development Scheme is a statutory requirement as part of the Council’s town planning responsibilities. The local plan work has been carried out in accordance with Objective 3 of Securing Kent’s Future which seeks to ensure that the Council prioritises its Best Value Statutory obligations.
Decision Maker: Cabinet Member for Economic Development
Decision published: 17/10/2024
Effective from: 25/10/2024
Decision:
As Cabinet Member for Economic Development who is responsible for the Minerals and Waste Local Plan I agree to the proposed changes to the timetable for the Kent Minerals and Waste Local Development Scheme 2024 (as set out in Appendix 1) that concerns:
• The review of the Kent Minerals and Waste Local Plan 2024-2039
• The review of the Minerals Sites Plan
Division affected: (All Division);
Lead officer: Sharon Thompson