Agenda and minutes

To receive apologies for absence.

Apologies for absence were received from Cllr Jenny Else.

To receive from members, declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no declarations of interests raised under this heading.

THIS ITEM HAS BEEN HAS BEEN WITHDRAWN AND INSTEAD WILL BE CONSIDERED AT FUTURE EXECUTIVE AND FULL COUNCIL MEETINGS, THE DATES OF WHICH ARE YET TO BE CONFIRMED.

This item was withdrawn from the agenda prior to the meeting.

Background Papers

Unless specified under an individual item, there are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to the reports in Part I of these minutes.

The purpose of this report is to seek approval from Council to the adoption and implementation of the Community Infrastructure Levy (CIL) including associated policies. 

Recommendation

That the Executive recommends to Council to:

1.         adopt the Community Infrastructure Levy (CIL) Charging Schedule  and supporting documents, including the Regulation 123 list, policies on instalments, phasing and payment in kind;

2.         agree that the CIL Charging Schedule and supporting documents will be implemented and effective on 1^st March 2019; and,

3.         agree delegated powers to the Head of Planning Services in consultation with the Portfolio Holder for Planning, for future changes to the Regulation 123 list.

44.1     Cllr Storey, Portfolio Holder for Planning Policy and Customer Services, informed the Executive that following the examination of the Council’s Charging Schedule in the summer, the Inspector’s report had been received on 1 October 2018.

44.2     The Examiner had concluded that the Council’s Charging Schedule was an appropriate basis for the collection of CIL and there was sufficient evidence to support the levy rates without putting overall development of the area at risk. The proposed implementation date of 1 March 2019 would give the Council time to prepare for the implementation and to liaise with the development industry. The lead-in time was in line with the average time allowed by other councils that have already implemented CIL.

44.3     The adoption of the CIL Charging Schedule, and the collection of CIL contributions from developers would make an important contribution towards the funding of infrastructure in the area to support new development.

The Executive RESOLVED to

RECOMMEND that Council:

1.         adopts the Community Infrastructure Levy (CIL) Charging Schedule and supporting documents, including the Regulation 123 List, policies on instalments, phasing and payment in kind;

2.         agrees that the CIL Charging Schedule and supporting documents will be implemented and effective on 1 March 2019; and,

3.         agrees delegated powers to the Head of Planning Services in consultation with the Portfolio Holder for Planning, for future changes to the Regulation 123 List.

[Reason: to enable the Council to receive contributions from developers to use within the area for infrastructure improvements.]

This report outlines the necessary minor changes to be made to the Avoidance Strategies relating to the Wealden Heaths Phase 2 and Thames Basin Heaths SPA in light of the Sweetman, judgment which re-clarified the process of Habitats Regulations Assessment.

Recommendation

That the Executive recommends to Council to agree the changes proposed in paragraphs 2 and 3 of this report to ensure compliance with the Sweetman judgment.

45.1     Cllr Storey, Portfolio Holder for Planning Policy and Customer Services, introduced the report which set out necessary minor changes to be made to the Avoidance Strategies relating to the Wealden Heaths Phase 2 and Thames Basin Heaths SPA in light of the Sweetman judgement, which re-clarified the process of the Habitats Regulations Assessment.

45.2     Following the recent European Court of Justice judgement, the process of undertaking a Habitats Regulation Assessment had changed, and whilst there was unlikely to be a change in the outcome of assessments there was now an extra stage in the process of determination. On the advice of Counsel, it was proposed to update each of the Avoidance Strategies with a Supplementary Note that would set out the revised procedure.

The Executive RESOLVED to

RECOMMEND that Council agrees the changes proposed in paragraphs 2 and 3 of the agenda report, to ensure compliance with the Sweetman judgement.

[Reason: to ensure the Council’s SPA Strategies are compliant with the Sweetman judgement.]

The background papers relating to the following items are as set out in the reports included in the original agenda papers.

Waverley Borough Council’s contract for Waste and Recycling Collection and Street Cleaning services is currently provided by Veolia Environmental Services under a contract which ends on 31^st October 2019. The contract was extended in 2012 and there is no contractual or statutory provision for any further extension.

Tendering for such high value and complex services is a lengthy process. In the case of Waste Services the mobilisation time needs to be considerable as it can take 9 to 12 months for ordered vehicles/ freighters to be built and delivered to the client.

Through a Working Group, the Environment Overview & Scrutiny Committee carried out an in-depth review of the options for providing these services from the end of the current contract in October 2019. The recommendations of that review were considered by the Executive at its meeting on 6 February 2018 and again in July 2018. In February 2018 the Executive asked officers to investigate three options for the procurement of the future contract, and in July one of those options was discounted by the Executive as it was not considered viable. .

This report presents the findings on the two remaining options and makes recommendations on the way forward.

Recommendation

It is recommended that the Executive considers this report and:

1.    Notes the outcome of officers’ detailed programme of work and due diligence undertaken in respect of procurement options for delivering the waste, recycling and street cleaning service; and

2.    Approves the recommendation within the (Exempt) Annexe; and

3.    Notes the outcome of the tender evaluation processes set out in the (Exempt) Annexe and further notes that officers will now proceed to award the contract in accordance with the Council’s Contract Procurement Rules.

46.1     Cllr Bolton, Portfolio Holder for Environment, outlined the huge amount of work that had been carried out over the last 12 months to explore various procurement options for Waverley to secure delivery of Waste, Recycling and Street Cleaning services from 1 November 2019, when the current contract expires.

46.2     This was a very important service, delivered every week to every household in the borough, and it was very pleasing that the successful tender scored very highly on     quality as well as being below budget.

46.3     The Executive were now asked to approve the recommendation in the (Exempt) Annexe, and to note the outcome of the tender evaluation and the award of contract in accordance with the Council’s Contract Procedure Rules.

The Executive RESOLVED to:

1.         Note the outcome of officers’ detailed programme of work and due diligence undertaken in respect of procurement options for delivering the waste, recycling and street cleaning service; and

2.         Approve the recommendation within the (Exempt) Annexe; and

3.         Note the outcomes of the tender evaluation processes set out in the (Exempt) Annexe and further notes that officer will now proceed to award the contract in accordance with the Council’s Contract Procedure Rules.

[Reason: to ensure the Council has arrangements in place for delivery of Waste and Recycling Collection and Street Cleaning services from 1 November 2019.]