Cabinet Member decisions

Proposed decision

1)        Allocate £1.5m of the Children’s, Young People and Education capital budget to address the issues covered in the privileged legal advice considered.

2)        Delegate authority to the Director of Infrastructure to enter into such agreements, on such terms as she approves, with any relevant parties, in order to support the exercise the Council’s step in rights and to complete the construction works.

3)        Delegate authority to the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under any of these contracts.

Reason for the decision

Chilmington Green Secondary School opened in September 2023 in temporary accommodation.  The Department for Education (DfE) is delivering the new school premises, which are due to be operational September 2025.  Issues have arisen which need to be resolved in order to ensure the new school building occupied. The legal responsibility for funding the resolution to the issues is a matter of contention and potential legal dispute.

The proposed decision supports the key priority “Levelling up Kent” within the ‘Framing Kent’s Future (2022-26)’.   It helps deliver our commitment to maintain KCC’s strategic role in supporting schools and settings in Kent to deliver accessible, high quality education provision for all families.

The proposed decision supports “Securing Kent’s Future – budget recovery strategy”.  It contributes towards delivering the Service’s MTFP savings target, ensures value for money, and a sharp focusing of the available resources to delivering the Council’s statutory duties.

As the Deputy Leader (in the absence of the Leader and Cabinet Member for Education and Skills), I agree to:

1)        Allocate £1.5m of the Children’s, Young People and Education capital budget to address the issues covered in the privileged legal advice considered.

2)        Delegate authority to the Director of Infrastructure to enter into such agreements, on such terms as she approves, with any relevant parties, in order to support the exercise the Council’s step in rights and to complete the construction works.

3)        Delegate authority to the Director of Infrastructure to be the nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under any of these contracts.

Proposed Decision:

That the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services:

1.        Approve the sale of the propertyknown as Land at the Intersection of the M20/ M25 under the terms and conditions of an Option Agreement dated 11 June 2020;

2.        Confirm the Director of Infrastructure’s decision under delegated authority to dispose of the property known as Land at Intersection of M20/M25, Swanley, Kent, noting that the property’s performance in terms of consideration payable exceeded the expectations underpinning the original disposal governance plan; and

3.     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 sale and take other actions including but not limited to, entering into relevant contracts or other legal agreements, as necessary to implement this decision.

Reason for the Decision

Under commercial negotiations with significant market improvements in the industrial land sector since the pandemic, the property option was sold exceeding the £1m decision threshold, and therefore an urgent key decision is needed to enable the transaction to complete on the 27 August 2024.

Due to the timescales involved under current contractual arrangements the council are committed to, an urgent decision from the Cabinet Member is required to confirm the appropriate approvals for the completion of this disposal by Tuesday 27 August 2024.

Background

The Constitution’s Property Management Protocol provides delegated authority to the Director of Infrastructure to agree freehold disposals up to a value of £1m, with disposals more than this figure to be determined as a key decision by the Cabinet Member.

The purchaser, Broomhill Developments (South) Limited served its Notice to ‘exercise’ its Option on 5 May 2024. Following complex negotiations, due diligence and s.123 compliance checks (including legal assurance), the anticipated consideration payable exceeds the Key Decision threshold and an urgent key decision is required to enable the transaction to complete on the 27 August 2024.

Options Considered 

·         Obtain an urgent decision – This will ensure compliance with KCC’s governance processes.

·         Follow the normal route for a decision – The property is subject to an Option Agreement which has been triggered and the Council must complete by the 27 August 2024, therefore this option has been REJECTED.

As Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, I agree to:

1.    Approve the sale of the property known as Land at the Intersection of the M20/ M25 under the terms and conditions of an Option Agreement dated 11 June 2020;

2.    Confirm the Director of Infrastructure’s decision under delegated authority to dispose of the property known as Land at Intersection of M20/M25, Swanley, Kent, noting that the property’s performance in terms of consideration payable exceeded the expectations underpinning the original disposal governance plan; and

3.    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 sale and take other actions including but not limited to, entering into relevant contracts or other legal agreements, as necessary to implement this decision.

Proposed Decision

TheCabinet Member for Community and Regulatory Services to agree to:

1.  The Reduction to the Detailed Emergency Planning zone (DEPZ) for offsite emergency planning for the Dungeness B Nuclear Power Station.

2.  Amendments to Kent County Councils Offsite Emergency Plan to reflect the reduction in risk around the site, following the defueling of the Dungeness B Nuclear Power Station, to reflect current planning assumptions.

Reason for the decision

Kent County Council (KCC) is responsible for Offsite Emergency Planning for the Dungeness B Nuclear Power Station, including the responsibility for determining a Detailed Emergency Planning Zone (DEPZ) around the power station. This is based on the operator’s recommendation (EDF). The zone identifies an area where urgent protective actions may be needed in the event of a radiation emergency. Due to defueling operations at the power station (as part of the decommissioning process), EDF are now recommending a reduction in the size of the DEPZ.

Background

For evacuation, EDF have assessed that a distance of less than 200m from the centre of Dungeness B’s reactor building is sufficient. This distance does not extend off-site onto public access land, and therefore evacuation is not recommended as an urgent protective action in the DEPZ. However, some residents and visitors to the area may choose to evacuate, and therefore arrangements will need to be made to shelter those people, should the need arise.

For sheltering, EDF have assessed that a distance of up to 300m from the centre of Dungeness B’s reactor building is sufficient. Even allowing for a release arising from elsewhere in the reactor building (rather than its centre), a distance of 300m would only affect areas close to the Dungeness site fence, notably the public beach to the south of the site. The closest dwellings (the Royal Naval Shore Signal Stations (RNSSS) cottages) are 300m from the northeast corner of the Dungeness B fence, or around 500m from the centre of the reactor building.

In defining the new DEPZ boundary, KCC have used geographic features such as roads and footpaths, an approach which complies with the Radiation Emergency Preparedness and Public Information Regulations (REPPIR) 19 regulations. The size of the current DEPZ is 13.62km² which was previously agreed by Environment and Transport Cabinet Committee. The reduction of  the size of the DEPZ from 13.62km² to 7.88km², will still allow KCC to consider protective actions to the wider public who live in, or who are visiting Dungeness.

Options (other options considered but discarded)

·         Do nothing.

Keeping the current DEPZ would keep a large Detailed Emergency Planning Zone that is not required due to the reduction in risk due to the decommissioning works at the power station.

How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026

The decision concerns the provision of infrastructure for the community in the event of an emergency and forms part of KCC’s role in making Kent’s communities safe.

How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf

The decision results from a review of an existing Dungeness B Offsite Emergency Plan which will support local residents and provide multi-agency responders with the current risk around the Dungeness B Nuclear Power Station.

Decision: Cabinet Member for Community and Regulatory Services to agree to:

1. APPROVE The Reduction to the Detailed Emergency Planning Zone (DEPZ) for offsite emergency planning for the Dungeness B Nuclear Power Station. 

2. APPROVE the amendments to Kent County Council’s Offsite Emergency Plan to reflect the reduction in risk around the site, following the defueling of the Dungeness B Nuclear Power Station, to reflect current planning assumptions. 

3. DELEGATE authority to the Director of Infrastructure in their capacity as strategic lead for Resilience & Emergency Planning, in consultation with the Cabinet Member for Community and Regulatory Services, to take decisions on the future size of the DEPZ.