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08 10 2003

A MEETING of the COUNCIL OF THE BOROUGH OF GOSPORT was held in the Council Chamber at the TOWN HALL, GOSPORT on WEDNESDAY, the EIGHTH day of OCTOBER 2003 at 6.00 PM.
 
The Mayor (Councillor Mrs Binfield) (P) (in the Chair);
 
The Deputy Mayor (Councillor Edwards) (P); Councillors Allen (P), Mrs Angus (P), Mrs Batterbury (P), Bone (P), Burgess (P), Carr (P), Carter (P), Chegwyn (P), Clinton (P), Mrs Cully (P), Cully (P), Edgar (P), Mrs Elshaw (P), Farr (P), Francis (P), Gill (P), Mrs Gravell (P), Hayward, Hook (P), Jacobs (P), Kimber (P), Langdon (P), Redrup (P), Russell M (P), Russell P (P), Mrs Salter (P), Searle (P), Smith (P), Taylor (P), Train (P), Mrs Wright (P) and Wright (P).
 
Also in attendance:  Honorary Aldermen Mrs Bailey and Foster.
 
APOLOGIES
 
Apologies for inability to attend the meeting were submitted on behalf of Councillor Hayward and Honorary Aldermen O'Neill and Rushton.
 
MINUTES
 
RESOLVED:  That the Minutes of the Ordinary Council Meeting held on 9 July 2003 be confirmed and signed.
_______________
                                                                                                                 
INTRODUCTION OF NEWLY ELECTED COUNCILLOR
 
The Mayor welcomed Councillor Jacobs, the newly elected Councillor for the Privett Ward, to the meeting. 
 
Councillor Jacobs replied briefly.
 
_______________
 
MAYOR'S COMMUNICATIONS
 
SOUTHERN ENGLAND IN BLOOM
 
The Mayor informed the Council that Gosport had been successful in achieving the Judges Award and three Silver Gilt Awards for Small City, Best Community Involvement and Best Park/Public Open Space.  On behalf of the Council the Mayor thanked the Council's Principal Parks and Horticultural Officer and his staff for the work they had put in to achieve these awards.  The Judges Cup and Certificates were on view in the Council Chamber.
 
REFUSE COLLECTION
 
The Leader of the Council presented to the Mayor a Petition he had received at the Town Hall on 1 October 2003 regarding a request for the Council to collect black rubbish bins weekly and green recycling bins every fortnight.  The Mayor reported that she would forward the petition to the appropriate Unit in the Town Hall for consideration.
_______________
 
QUESTION PURSUANT TO STANDING ORDER 3.4
 
(A)    Question No 1 standing in the name of Councillor P Russell on the subject of Southern Water's promise to spend £250,000 to attempt to eradicate the offensive odour from the Sewage Treatment Plant off Newgate Lane, was answered by the Chairman of the Community and Environment Board.
 
_______________
 
REPORT OF RETURNING OFFICER ON THE BY-ELECTION
 
HELD ON 21 AUGUST 2003
 
The following report of the Returning Officer on the By-Election held on 21 August 2003 was received:
 
 
GOSPORT BOROUGH COUNCIL
 
RETURNING OFFICER'S REPORT ON THE BOROUGH COUNCIL
 
BY-ELECTION IN THE PRIVETT WARD HELD ON
 
21 AUGUST 2003
 
 
1.      I have to report that a vacancy arose in the office of Councillor for the Privett Ward of the Borough by reason of the death of Councillor Friend.
 
2.      Three candidates were validly nominated in the election of a Councillor for the Privett ard to fill the resulting vacancy. A Poll was taken on 21 August 2003 and the votes cast for the respective candidates were as follows:
 
Names of Candidates               Votes Given For Each Candidate
 
Gayle Louise BATTERBURY                 158
Austin Richard HICKS                       485
Colin Dudley JACOBS                       603
 
3.             The under-mentioned candidate who received the greatest number of votes was therefore elected Councillor for the Privett Ward.
 
Colin Dudley JACOBS
STANDING ORDER 4.15.1
 
The Mayor reported that notice had been received requesting that Standing Order 4.15.1 be moved to enable the Borough Solicitor to present her report on the Membership of Boards, Sub-Boards and Committees.
 
RESOLVED: That Standing Order 4.15.1 be moved to enable the Borough Solicitor to present her report on the Membership of Boards, Sub-Boards and Committees.
 _______________
 
 
MEMBERSHIP OF BOARDS, SUB-BOARDS AND COMMITTEES
 
The Members of the Council had before them a report of the Borough Solicitor (a copy of which is attached hereto as Appendix "C1") in connection with the above.
 
The report reminded Members of the main terms of the "Proportionality Rules" made under the Local Government and Housing Act 1989.  The rules provided that the Council should have regard to the wishes of Political Groups in the appointment of seats on Boards, Sub-Boards and Committees "allocated" to those Groups under the Rules.
 
The Borough Solicitor reported that since the production of the report a member of the Liberal Democratic Political Group on the Council had given written notice that he no longer wished to be a member of that Political Group.  An addendum to the Borough Solicitor's report was therefore tabled at the meeting.  This change altered the balance of seats on the Council between the Political Groups as set out below:-
 
 
 
CONSERVATIVE
 
LABOUR
 
LIBERAL DEMOCRAT
 
 
Number of Seats
 
11
 
12
 
10
 
Proportion
 
 
32.35%
 
 
35.29%
 
29.41%
 
 
Translating these proportions into seats:-
 
 
Seats
 
 
19.41
 
21.17
 
17.46
 
If these proportions were rounded up then the allocation of the 60 seats would be as follows:-
 
 
 
CONSERVATIVE
 
LABOUR
 
LIBERAL DEMOCRAT
 
 
Seats
 
20
 
22
 
18
 
 
33.33%
 
36.66%
 
30%
 
 
 
+0.98%
 
+1.37%
 
+0.59%
  
The allocation of the seats for the Conservative Group as set out under Option A of the report could remain unchanged (4x3 on the Boards and 2x4 on the Committees).  However, the Labour Group were now entitled to 2 additional seats and they wished to have a further seat on the Housing Board and a third seat on the Services Overview and Scrutiny Committee.  However, they proposed that Councillor Smith should be nominated to the Housing Board seat.  This would mean that the allocation of seats on the Boards and Committees would be as follows:-
 
 
P&O Board
 
3
 
4
 
3
 
C&E Board
 
3
 
4
 
3
 
Housing Board
 
3
 
5
(Councillor Smith included)
 
2
 
Regulatory Board
 
3
 
4
 
3
 
Policy O&S
 
4
 
2
 
4
 
Services O&S
 
4
 
3
 
3
 
TOTAL
 
20
 
22
 
18
 
 
It would also be necessary to review the allocation of seats on the Sub-Boards in the light of the decision taken at this Council meeting.

APPOINTMENT OF BOARDS, OVERVIEW AND SCRUTINY COMMITTEES AND NOMINATED DEPUTIES FOR THE REGULATORY BOARD
 
RESOLVED: That –
 
(i)            the determination of the allocation of seats to Political Groups be as set out in the Addendum to the Borough Solicitor's report;      
 
(ii)           the Boards, Overview and Scrutiny Committees and nominated deputies for the Regulatory Board be appointed as outlined below to serve for the remainder of the Municipal Year; and
 
(iii)    &, amp;n, bsp;    the allocation of seats and the nomination of members to the Sub-Boards be considered at the n, ext ordinary Council meeting on 3 December 2003.
 
POLICY & ORGANISATION BOARD
COMMUNITY & ENVIRONMENT BOARD
 
HOUSING BOARD
Councillor Bone
Councillor Mrs Angus (Vice-Chairman)
Councillor Allen
Councillor Burgess
Councillor Mrs Batterbury
Councillor Burgess
Councillor Cully (Chairman)
Councillor Bone
Councillor Carter
Councillor Gill
Councillor Mrs Cully
Councillor Mrs Cully (Vice-Chairman)
Councillor Hook
Councillor Edgar
Councillor Farr
Councillor Langdon
Councillor Edwards
Councillor Francis
Councillor M Russell
Councillor Mrs Elshaw
Councillor Gill
Councillor Searle
Councillor Jacobs
Councillor P Russell
Councillor Wright (Vice-Chairman)
Councillor Kimber
Councillor Smith
Councillor Mrs Wright
Councillor Wright (Chairman)
Councillor Mrs Wright (Chairman)
 
 
 
 
 
 
REGULATORY BOARD
POLICY OVERVIEW & SCRUTINY COMMITTEE
SERVICES OVERVIEW & SCRUTINY COMMITTEE
Councillor Allen
Councillor Mrs Angus
Councillor Burgess
Councillor Mrs Angus
Councillor Carter
Councillor Carr
Councillor Carr
Councillor Edgar
Councillor Clinton
Councillor Clinton
Councillor Edwards
Councillor Francis
Councillor Mrs Elshaw
Councillor Mrs Elshaw
Councillor Mrs Gravell
Councillor Farr (Vice-Chairman)
Councillor Mrs Gravell
Councillor Hayward
Councillor Gill
Councillor Hayward
Councillor Redrup
Councillor Searle (Chairman)
Councillor Kimber
Councillor P Russell
Councillor Taylor
Councillor Redrup
Councillor Taylor
Councillor Train
Councillor Mrs Salter
Councillor Train
 
NOMINATED DEPUTIES FOR THE REGULATORY BOARD
 
 
LABOUR GROUP
CONSERVATIVE GROUP
LIBERAL DEMOCRAT GROUP
 
 
 
Councillor Mrs Batterbury
Councillor Burgess
Councillor Edwards
Councillor Redrup
Councillor Carter
Councillor Francis
Councillor Wright
Councillor Edgar
Councillor Mrs Gravell
Councillor Mrs Wright
Councillor Hook
 
 
Councillor Jacobs
 
 
Councillor Langdon
 
 
At this stage of the meeting, the Council adjourned whilst the Members of the Overview and Scrutiny Committees withdrew for the purpose of appointing the, ir Chairmen and Vice-Chairmen.   The Borough Solicitor advised that the appointment of Board Chairmen and Vice-Chairmen at the Adjourned Annual Council meeting on 15 May 2003 were for the 2003-2004 Municipal Year.

A MEETING OF THE POLICY AND ORGANISATION BOARD
 
WAS HELD ON 17 SEPTEMBER 2003
 
The Mayor (ex-officio), Councillors Mrs Angus (P), Burgess (P), Chegwyn (P), Mrs Gravell (P), Hook (P), Langdon (P), M Russell (P), Searle (P), Wright (Chairman) (P) and Mrs Wright (P).
 
The Chairman welcomed Mr Andrew Fisher, CPA Inspector to the meeting.  Mr Keiron Colgan the second Inspector had been delayed and would attend the meeting as soon as he could. 
 
The Borough Solicitor advised the Board that Councillor Bone had been nominated to the Board in place of the late Councillor Friend.  In accordance with Standing Orders it was reported that Councillors Mrs Angus and Mrs Gravell had been nominated to attend this meeting in place of Councillors Cully and Bone respectively.
 
PART I
 
(NOTE: Upon reference being made to paragraph 6.1.5 – bullet point 5 – (page 18) of Appendix 1 of Appendix "PO1", Councillors Edgar and Francis declared personal and prejudicial interests and withdrew from the meeting and took no part in the discussion thereon)
 
21.          LICENSING ACT IMPLEMENTATION        
 
The Board considered a report of the Regulatory Services Manager (a copy of which is attached hereto as Appendix "PO1") on the Licensing Act Implementation.
 
The report provided the latest information on the Licensing Act 2003 and it's implications for Gosport.  There were additional resource implications associated with implementation which had been dealt with separately by the Personnel Sub-Board on 10 September 2003.  It was predicted that some of the additional costs of this new service would be met through fee income.
 
The Government's draft guidance strongly recommended that Statements of Policy should recognise that longer licensing hours were important to ensure that the concentration of customers leaving premises simultaneously was avoided.  A draft Policy was attached to the Manager's Report as Appendix 1.  The Act required the creation of a Licensing Committee and Sub-Committee.  This almost certainly would require licensing and planning applications to be considered separately.  The Borough Solicitor would be separately reporting proposed changes to the Council Constitution to identify the options to establish a separate Licensing Committee.  The draft guidance recommended a scheme of delegation that was set out at Appendix 2 to the report.  Government envisaged that where an application conformed to the Licensing Policy and no representations had been made then the decision should be taken at Officer level.
 
In conclusion it was reported that the transitional arrangements would have resource implications for Environmental Health, Legal Services, Democratic Services and Finance.  A Corporate Group had been formed to look further at this issue and provide for co-ordination.  A Corporate Implementation Plan was outlined in Appendix 3 to the report. 
 
RECOMMENDED: -  That -
 
(i)            the implications of the changes to Liquor Licensing and the impact of these changes on the Borough Council be noted;
 
(ii)           the Regulatory Services Manager be given delegated authority to form a Licensing Forum and to consult the Forum and the public on the draft Licensing Policy;
 
(iii)          three Members, one from each political group, be nominated to sit on the Licensing Forum.  The nominated Members to be Councillors Mrs Gravell, Hayward and Searle.
 
RESOLVED: That the recommendations contained in Minute No 21 be approved and adopted.
 
22.           REVIEW OF THE MEMBERS' ALLOWANCES SCHEME
 
The Board considered a report of the Financial Services Manager (a copy of which is attached hereto as Appendix "PO2") on the review of the Members' Allowances Scheme.
 
It was reported that the Local Government (Members Allowances) (England) Regulations 2003 required Councils to have a new Members' Allowances Scheme in place by 30 September 2003.  In order to comply with these regulations Councils were required to establish and maintain an Independent Remuneration Panel to provide Members with advice on it's scheme, the amounts to be paid and the pensionability of the allowances.  The Council's current Scheme was approved by Members at the meeting of the Council held on 10 July 2002 having regard to the initial report of the Independent Panel.  The Panel's report to the Board, following its meetings on 27 June and 23 July 2003, reviewing the Scheme was attached to the Manager's Report.

RECOMMENDED:  That Members be requested to determine the Members' Allowances Scheme and the amounts to be paid under the scheme after giving due regard to the comments and recommendations of the Independent Remuneration Panel. 
 
MOTION: That -
 
(i)         recommendations (i) - (iv) in Appendix "A" of Appendix "PO2" be approved and adopted; and
 
(ii)       recommendation (v) in Appendix "A" of Appendix "PO2" be approved and adopted subject to the addition of the words "and up dated throughout the year as necessary" after "Adjourned Annual Council meeting."
 
             The Motion was accordingly put to the meeting and duly RESOLVED.
 
(NOTE: Councillors Edgar and Francis declared personal and prejudicial interests in the item below and withdrew from the meeting and took no part in the discussion thereon).
 
23.       IMPLEMENTATION OF A PENALTY POINTS SYSTEM FOR THE HACKNEY CARRIAGE AND PRIVATE HIRE TRADE IN GOSPORT
 
The Board considered a report of the Regulatory Services Manager (a copy of which is attached hereto as Appendix "PO3") on the implementation of a penalty point system for the Hackney and Private Hire trade in Gosport.
 
It was reported that the Regulatory Board at it's meeting on 17 June 2003 had endorsed a system of penalty points to be used as an enforcement tool in the licensing of Hackney Carriages and Private Hire Vehicles, their drivers and operators.  The report was presented to this Board, with a recommendation of the Regulatory Board that the penalty points system and associated changes to the Council's existing Hackney Carriage and Private Hire Conditions be adopted. 
 
The points system contained in Appendix 1 to the Manager's report had identified a number of breaches of conditions and the number of points to be invoked should the breach be proven.  The system would operate on a totting up basis over a rolling 12-month period.  The implementation of points would take place following investigation of offences or receipt of formal proceedings elsewhere by another agency e.g. the Police.  The existing Hackney Carriage and Private Hire Conditions were in need of review and did not cover all of the infringements listed in Appendix 1.  In view of this, Appendix 2 to the Manager's report identified new or revised conditions, the adoption of which was required to bring the conditions in line with the penalty points system.  The conditions had last been reviewed in 2000.
 
RECOMMENDED:  That –
 
(i)         the penalty points system for Hackney Carriage and Private Hire Drivers, Owners and Operators be adopted; and
 
(ii)        the necessary changes to the Council's existing "Hackney Carriage and Private Hire Conditions" be adopted in order for the penalty points system to be effective.
 
RESOLVED: That the recommendations contained in Minute No 23 be approved and adopted.
 

A MEETING OF THE COMMUNITY AND ENVIRONMENT BOARD
 
WAS HELD ON 1 SEPTEMBER 2003
 
The Mayor (ex-officio) (P); Chairman of the Policy and Organisation Board (Councillor Cully) (ex-officio) (P); Councillors Mrs Angus (P), Bone (P), Mrs Cully (P), Edgar, Edwards (P), Mrs Elshaw (P), Hook, Kimber (P), Train (P) and Wright (P).
  
It was reported that, in accordance with Standing Orders, notice had been received that Councillors Burgess and Hayward would replace Councillors Edgar and Hook respectively for this meeting. 
 
PART I
 
28.
NOMINATION TO PORTSMOUTH CITY COUNCIL HEALTH OVERVIEW AND SCRUTINY PANEL
 
The Regulatory Services Manager submitted a report seeking the Board's agreement that the Council should be represented on the Portsmouth City Council Health Overview and Scrutiny Panel.
 
Members were informed that scrutiny of the NHS was a function of County and Unitary Councils. Portsmouth City Council had responsibility for scrutiny of the Portsmouth Hospitals Trust but acknowledged that surrounding Districts would also have interests. It was reported that a letter had been received from Portsmouth City Council inviting Gosport Borough Council to nominate a Member to be co-opted on to their Overview and Scrutiny Panel.
 
RECOMMENDED: That a Member be appointed to serve as this Council's representative on the Portsmouth City Council Health Overview and Scrutiny Panel.
 
 
RESOLVED: That Councillor Edgar be appointed to serve as the Council's representative on the Portsmouth City Council Health Overview and Scrutiny Panel.

A MEETING OF THE POLICY AND ORGANISATION BOARD
 
WAS HELD ON 17 SEPTEMBER 2003
 
The Mayor (ex-officio), Councillors Mrs Angus (P), Burgess (P), Chegwyn (P), Mrs Gravell (P), Hook (P), Langdon (P), M Russell (P), Searle (P), Wright (Chairman) (P) and Mrs Wright (P).
 
The Chairman welcomed Mr Andrew Fisher, CPA Inspector to the meeting.  Mr Keiron Colgan the second Inspector had been delayed and would attend the meeting as soon as he could. 
 
The Borough Solicitor advised the Board that Councillor Bone had been nominated to the Board in place of the late Councillor Friend.  In accordance with Standing Orders it was reported that Councillors Mrs Angus and Mrs Gravell had been nominated to attend this meeting in place of Councillors Cully and Bone respectively.
 
20.          MINUTES
 
RESOLVED:  That the Minutes of the meeting of the Board held on 25 June 2003 be approved and signed by the Chairman as a true and correct record.
 
PART II
 
24.           WRITE OFF         
 
Consideration was given to a report of the Borough Treasurer concerning an NNDR write off.  In accordance with Financial Regulations, debts of £10,000 for write-off must be submitted to the Board for approval. 
 
 
RESOLVED: That approval be given to the NNDR write-off detailed below.
 
Name & Address
 
Mr L Dawson
7 Portland Buildings
Stoke Road
Gosport
Date
 
01/12/94 –
31/03/99
(Balance)
Charge
     £
10,106.40
Reason
 
Absconded - unable to trace.
 
            
 
25.       TREASURY MANAGEMENT ANNUAL REVIEW 2002/2003 AND PROGRESS REPORT 2003/2004            
 
The Board considered a report of the Borough Treasurer on the Treasury Management Annual Review 2002/2003 and Progress Report 2003/2004.  It was reported that Members were required to consider the Treasury Management Annual Review and Progress Report following the guidelines issued by the Chartered Institute of Public Finance and Accountancy. 
 
The Borough Treasurer's report showed that Treasury Management had complied with, and generally continued to comply with, the Policy & Strategy Statements previously approved by Council, and submitted in accordance with the Treasury Management Code of Practice.  The Annual Review for the financial year 2002/2003 was set out in section 3 of the report and a progress report for 2003/2004 was set out in section 4 of the report.
 
In conclusion the Borough Treasurer reported that the Council had managed to clear its long-term debts before the 2006/7 deadline and significant revenue savings would result.
 
RESOLVED:  That the Treasury Management Annual Review and Progress Report be approved.
 
26.       MARINE PARADE AREA OF SPECIAL CHARACTER – PROPOSED ADOPTION OF INTERIM POLICY STATEMENT
 
The Board considered a report of the Director of Development and Environment on the Marine Parade Area of Special Character – Proposed Adoption of Interim Policy Statement. 
 
It was reported that concern from Members and the community regarding a number of recent proposals for flats in this area had led to a review of the existing adopted Local Plan Policy BE7 and deposit Local Plan Review Policy R/DP10.  A draft Interim Policy Statement and Supplementary Planning Guidance was subsequently prepared with the intention to provide clearer and more detailed guidance regarding the safeguarding of the Marine Parade Area of Special Character while controlling future development or redevelopment proposals.
 
The draft Interim Policy Statement and Supplementary Planning Guidance was approved by Members for consultation and a six week period of consultation was undertaken ending on 3 September 2003.  A schedule of all responses, with a summary of comments made and a suggested response was included in Appendix 1 to the Director's Report.  Most of the comments were supportive of the draft document and constructive comments had been made.  An amended version of the Interim Policy Statement and Supplementary Planning Guidance for the Marine Parade Area of Special Character was attached to the report.
 
The two revised policies in question were detailed as follows:
 
Policy 1
 
Policy R2/DP10
 
Within the Marine Parade Area of Special Character (as shown on the map in the Appendix) development proposals will be permitted provided that all the following criteria are met:
 
(i)         their height will not exceed 2 storeys, except within central section B and Far Western Section D where their height will not exceed 3 storeys;
 
(ii)        for a 2 storey development  the maximum permitted eaves/parapet height will not exceed 6 metres and the maximum ridge height will not exceed 9.5 metres.  For a 3 storey development the maximum permitted eaves/parapet height will not exceed 8.25 metres and the maximum reach height will not exceed 11 metres.
 
(iii)       they have regard to the Pier Street and Daedalus Conservation Areas
 
(iv)       between Milvil Road and Pier Street, they form part of a comprehensive development brief
 
(v)        vehicular access for residential development is from rear accessways
 
(vi)       they are in accordance with the design criteria set out in the Marine Parade Supplementary Planning Guidance.
 
Policy 2
 
Policy R/S10
 
In the Marine Parade Area of Special Character proposals for the changes of use or redevelopment of properties from commercial uses (class A1, A2, A3 or C1) and leisure/recreational uses will only be permitted provided they are vacant and there have been reasonable attempts to let/sell the property for commercial use.
 
RESOLVED: That –
 
(i)         the Marine Parade Area of Special Character Interim Policy Statement and Supplementary Planning Guidance, pending publication of the revised deposit Gosport Borough Local Plan Review, be adopted; and
 
(ii)        the Marine Parade Area of Special Character Interim Policy Statement and Supplementary Planning Guidance be approved for Development Control purposes.
 
27.       E-GOVERNMENT
 
The Board considered a report of the Corporate Services Manager on E-Government.
 
It was reported that following the Council's success in being awarded another £200,000 in 2003/4 towards it's e-Government initiatives from the UK Online Fund, a revised e-Government strategy had since been prepared which was enclosed with the Manager's report as Appendix A.  This had been approved by the Information and Communications Technology Steering Group and Council Management Team.
 
In July 2003 the ODPM had announced that Local Authorities were to be required to prepare an IEG3 return, as part of a national monitoring process for assessing  electronic local service delivery capability, against the target of 100% of services online by 2005.  Unlike previous IEG statements, IEG3 was a proforma document which still required considerable effort to complete.   Local Authorities should complete the IEG3 return on the basis that it would "inform" the distribution of £175M of capital funding for local e-Government in 2004/5 and £96.5M in 2005/6.  Failure to complete the return or any element therein by a Local Authority may result in the withholding of any IEG3 funding for 2004/5.  The deadline for the submission of the IEG3 Statement, which must be approved by the Board on behalf of the Council, was Monday 10 November 2003.
 
The Council's IEG3 Statement had been completed and was enclosed as Appendix "B" to the Manager's report.  If the Council was successful in gaining IEG3 funding for 2004/5 it was proposed that the money would be used on three initiatives:
 
(i)         enhancing the Council's web site and Citizen Portal by delivering digital maps,  map overlays and associated data over the web,
 
(ii)        enhancing the CRM system to include the new Academy "Knowledge Management" module,
 
(iii)       the provision of additional Customer Service Kiosks at appropriate locations around the Borough.
 
Members considered a number of e-Government initiatives.  The first area mentioned was the inclusion of a National Planning Portal for "on-line" information of planning applications.  The Corporate Services Manager reported that because of limited funds and prioritisation of these funds, the Portal was planned to be introduced later in the year.  Members requested that a progress report on the National Planning Portal be brought back to the Board. The second issue raised was the potential for more information to be sent to Members electronically.  Discussion centred on Board agenda and reports and it was suggested that this issue should be raised at the Members On-line Working Group on 20 October 2003.
 
RESOLVED:  That –
 
(i)         the E-Government strategy be approved;
 
(ii)        the IEG3 Return be approved for submission to ODPM; and
 
(iii)       Contract Standing Orders 7.5/7.6 continue to be waived for the procurement of E-Government services and products, to enable suppliers/partners to be selected by the Corporate Services Manager, in consultation with the Councillor E-Government Champion and Chairman of the Policy and Organisation Board.
 
28.       RIGHT TO BUY CHANGES
 
The Board considered a report of the Housing Services Manager concerning Right to Buy Changes. 
 
It was reported that the Council operated a voluntary Right to Buy Scheme where the sole difference to the Statutory Scheme was that tenants were allowed to exercise their Right to Buy after a one year qualification period (the period of time the tenant had to have been a Council tenant) rather than the two years set down in statute.  In an attempt to address concerns around abuse of the spirit of current legislation, the Government was proposing to introduce changes to the statutory Right to Buy Scheme.  The Council's voluntary scheme was likewise prone to abuse. 
 
The Government's proposals would further widen the disparity between the Council's Voluntary Scheme and the Statutory Scheme.  As a result, this matter was discussed at the September 2003 meeting of the Housing Board with a recommendation that support be given to end the Council's Voluntary Right to Buy Scheme by changing from a one-year qualifying period to the Statutory two-year qualifying period.
 
RESOLVED:  That –
 
(i)         the proposed changes to existing Right to Buy legislation under the Housing Bill be noted; and
 
(ii)        the abolition of the Council's voluntary Right to Buy scheme by changing from a one-year qualifying period to the Statutory two-year qualifying period be approved.
 
29.       REQUEST TO VARY RESTRICTIVE COVENANT IMPOSED ON 23 FISHER ROAD, BRIDGEMARY, GOSPORT
 
The Board considered a joint report of the Housing Services Manager and Borough Solicitor concerning a request to vary the Restrictive Covenant imposed on 23 Fisher Road, Bridgemary, Gosport.
 
The Board was requested to consider a variation of the restrictive covenant imposed on the Portsmouth Roman Catholic Diocesan Trustees in a conveyance dated 3 February 1954 when the site of the Church and Presbytery was sold by the Council.  This matter had been referred to the Board following consideration by the September 2003 meeting of the Housing Board. 
 
It was reported that the Regulatory Board on 5 November 2002 had resolved to grant planning permission under application number K.5911/4 to change of use from Presbytery to Committee Room and two flats subject to the completion of a planning agreement related to the payment of a commuted sum towards the provision and/or improvement of outdoor playing space.  It was understood that the Presbytery was currently not being used save for occasional meetings. 
 
RESOLVED: That approval be given to varying the covenant imposed on 23 Fisher Road, Bridgemary, Gosport so as to allow development under Planning Application Ref K.5911/4 to proceed, subject to planning permission being issued.
 
30.       EXCLUSION OF THE PUBLIC
 
RESOLVED:  That under Section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting for the under-mentioned items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 7 and 9 of Part 1 of Schedule 12 A of the Act.
 
31.       GOSPORT SURESTART    
 
Consideration was given to an exempt report of the Director of Development & Environment, which sought the Board's approval of the revised Heads of Terms for the Gosport Surestart proposal and for the acceptance of the tenders for the Capital Building Project. 
 
RESOLVED: That-
 
(i)            the revised Heads of Terms  outlined in the Director of Development & Environment's report be approved and the Borough Solicitor be instructed to conclude the necessary legal documentation; and
 
(ii)           the two tenders outlined within paragraph 6.0 of the Director's report be accepted. 
 
32.          HARDSHIP RELIEF- NON–DOMESTIC RATES
 
Consideration was given to an exempt report of the Financial Services Manager concerning an application for hardship relief from non-domestic rates under Section 49 of the Local Government Finance Act.
 
RESOLVED: That –
 
(i)            the application for hardship relief under Section 49 of the Local Government Finance Act 1988 be refused; and
 
(ii)           the Council's Economic Regeneration section be requested to contact the applicant in order to offer her advice concerning her business.
 
33.          GROUNDWORK SOLENT AND GOSPORT DEVELOPMENT TRUSTS
 
Consideration was given to an exempt report of the Borough Treasurer concerning an update for Members on the current situation with the Trusts and to confirm ongoing Town Hall administrative support for the payroll function of the Trusts.
 
 
RESOLVED: That -
 
(i)            the current actions taken to minimise the Council's exposure to financial risks associated with the Trusts whilst maintaining support be noted; and
 
(ii)           the ongoing provision of Payroll Preparation support to both Trusts and the cash flow implications be approved.
 
34.          INFILL SITE DEVELOPMENT
 
Consideration was given to an exempt report of the Housing Services Manager on the above matter.
 
It was reported that the purpose of the report was to seek approval for the disposal of two pieces of land, namely St Vincent Road and Keyes Road, following consideration of this issue by the Council's Housing Board on 3 September 2003.  Hermitage Housing Association had shown an interest in developing these sites and the report sought approval to sell the sites to Hermitage Housing Association for the purpose of providing affordable housing.  The Housing Services Manager amended the open market value figure outlined in paragraph 4.3 of the report on the St Vincent Road site.
 
RESOLVED: That –
 
(i)            the sale of the two sites at St Vincent Road and Keyes Road, Gosport be approved at open market value offering the land in the first instance to one of the Council's approved development partners, Hermitage Housing Association; and
 
(ii)           the Borough Solicitor be authorised to enter such legal documentation as was necessary to transfer the land concerned (as outlined in Appendices 1 & 2 of the Director's report) to Hermitage Housing Association, on the terms recommended by the Council's Head of Property Services or other independent consultant valuer appointed for this purpose.
 
35.          LEASE OF LAND AT PHOENIX WAY
 
Consideration was given to an exempt report of the Housing Services Manager on the above matter.
 
The Board was requested to authorise the Council entering into a 7 year lease of land at Phoenix Way to the Cerebal Palsy Association on the terms approved by the Housing Board on 13 March 2002, as set out in the Manager's report.
 
RESOLVED: That the Borough Solicitor be authorised to enter into such legal documentation as was necessary to effect the proposals contained in the Housing Services Manager's report and on such terms and conditions as recommended by the Council's Head of Property Services.
 
36.          SALE OF LAND FOR LRT ROUTE
 
Consideration was given to an exempt report of the Corporate Services Manager on the above matter.
 
It was reported that following the meetings of the Community & Environment Board and Housing Board on 1 September and 3 September 2003 respectively the Board was requested to approve the sale of various parcels of land, as set out in the report, to Hampshire County Council together with the grant of licenses for the temporary occupation of 5 plots of land and to retain the money procured by selling the land, for repurchase in the event LRT did not subsequently proceed.
 
RESOLVED: That approval be given to the sale or licence to Hampshire County Council of the plots of land set out in the Corporate Services Manager's report and the money received from selling the land be ring fenced and retained for repurchasing the land in the event the LRT did not proceed.
 
37.          WALPOLE PARK PAVILION – AUTHORISATION OF TEN YEAR LEASE AND CONFIRMATION OF PREFERRED OPERATOR
 
Consideration was given to an exempt report of the Leisure and Amenities Manager on the above matter.
 
It was reported that the Board was requested to approve the Community and Environment Board's resolution on 1 September 2003 which approved entering into a 10-year lease with the preferred operator for the Walpole Park Pavilion.
 
RESOLVED: That approval be given to the Council entering into an agreement for lease and a 10-year lease with the preferred operator outlined in the report on terms and conditions recommended by the Council's Head of Property Services.
 
38.          PORTSMOUTH HARBOUR FERRY COMPANY – LEASE OF PONTOON AND OFFICES
 
Consideration was given to an exempt report of the Corporate Services Manager on the above matter.
 
It was reported that the Board's approval was sought in principle for the grant of a 4-year lease to the Portsmouth Harbour Ferry Company of the pontoon together with the grant of a new lease for 5-years, of office accommodation within the Bus Station premises.
 
RESOLVED: That approval in principle be given to the proposed new leases with Portsmouth Harbour Ferry Company and that authority be granted for the two leases
to be completed simultaneously.
 
RESOLVED: That Minute Nos 20 and 24-38 (inclusive) of the meeting of the Policy and Organisation Board held on 17 September 2003 be received.

 
A SPECIAL MEETING OF THE COMMUNITY AND ENVIRONMENT BOARD
 
WAS HELD ON 21 JULY 2003
 
The Mayor (ex-officio); Chairman of the Policy and Organisation Board (Councillor Cully) (ex-officio) (P); Councillors Mrs Angus (P), Bone, Mrs Cully (P), Edgar (P), Edwards (P), Mrs Elshaw (P), Hook (P), Kimber, Train (P) and Wright (P).
 
 
It was reported that, in accordance with Standing Orders, notice had been received that Councillors Gill and Taylor would replace Councillors Bone and Kimber respectively for this meeting.
 
 
20.
APOLOGIES