Agenda and minutes

Apologies for absence were received from Councillors Ahmed, Etheridge, Mahil, Purdy, Andy Stamp and Thompson.

Members are invited to disclose any Disclosable Pecuniary Interests or Other Significant Interests in accordance with the Member Code of Conduct. Guidance on this is set out in agenda item 2.

Disclosable pecuniary interests

Councillor Osborne declared an interest in agenda item No.12 (Additions to the Schools Capital Programme) and in Motion A of agenda item No.17 (Motions) as he is an employee of Leigh Academies Trust. Councillor Osborne left the room during discussion and determination of the items.

Other significant interests (OSIs)

Councillor McDonald declared an interest in agenda item No.12 (Additions to the Schools Capital Programme) and in Motion A of agenda item No.17 (Motions) as he is the Chair of the Board of Directors of the Howard Academy Trust. Councillor McDonald left the room during discussion and determination of the items.

Councillor Murray declared an interest in Motion A of agenda item No.17 (Motions) as she is a Medway Council appointed trustee of Rochester Girls’ Grammar School Charity. Councillor Murray left the room during discussion and determination of the item.

Councillor Cooper declared an interest in agenda item No.12 (Additions to the Schools Capital Programme) as she is a governor of Rivermead School. Councillor Cooper left the room during discussion and determination of the item.

Councillor Curry declared an interest in agenda item No.12 (Additions to the Schools Capital Programme) as he is the Vice Chair of Governors at Luton Primary School. Councillor Curry left the room during discussion and determination of the item.

Councillor Howcroft-Scott declared an interest in agenda item No.12 (Additions to the Schools Capital Programme) and in Motion A of agenda item No.17 (Motions) as she is the Vice Chair of Governors at Victory Academy, Holcombe Grammar School and New Horizons Children’s Academy. Councillor Howcroft-Scott left the room during discussion and determination of the items.

Other interests

There were none.

To approve the record of the meeting held on 23 February 2023.

The record of the meeting held on 23 February 2023 was approved and signed by The Worshipful Mayor of Medway as correct.

The Worshipful The Mayor of Medway thanked all serving Councillors who were standing down at the local elections being held in May 2023, some of whom had also served on Medway’s predecessor authorities.

The Mayor also remembered the four serving Councillors who had passed away during the previous four years, Councillors Tashi Bhutia, Nick Bowler, Steve Iles and Mick Pendergast.

The Leader of the Council, Councillor Jarrett, said that he had made an error, which he regretted, by accusing the Medway Labour Party of boycotting Armed Forces Day. He stated that, in fact, a number of Councillors had declined to attend events in commemoration of the Battle of Medway in protest at the closure of Sure Start Children’s Centre and replacement of them with larger hubs.

The Leader of the Opposition, Councillor Maple welcomed the Leader’s announcement and said that Medway Labour would never boycott Armed Forces Day.

Public:

There were none.

Member:

There were none.

Question A – Toni Oliver, of Chatham, asked thePortfolio Holder for Planning, Economic Growth and Regulation, Councillor Chitty, the following:

“What is being done to make the owners of the site at Dock Head Road machine shop structure clean up the site?

It’s currently overgrown and an eyesore for the area. It has planning permission, I understand, with restrictions on it but it has been on and off and in this state for approximately 4 years now and is getting worse!”

Councillor Chitty thanked Ms Oliver for the question. She said that Medway Council was working with the current owners of the site and structure to clear outstanding conditions attached to their planning approvals and to implement their most recent permission. There had been a delay due to the significant increase in construction costs associated with material and labour. This meant that the owners had to change their scheme to ensure it was financially deliverable and respected the historic character of the site. It was hoped that implementation would start shortly.

Question B – Tracey Wilson, of Strood, submitted the following to the Portfolio Holder for Resources, Councillor Gulvin:

“Why is there no public toilet facility in Strood any more?

We own the site of the Salon/Mortuary/Micropub next to Asda carpark entrance. The Public now think we must provide all the water, soap, electricity and toilet paper that should be funded by the Council. We are fed up with it.”

Question C – Andrew Sweeting, of Chatham, submitted the following to thePortfolio Holder for Front Line Services, Councillor Filmer:

“The speed limit on Pear Tree Lane has recently been reduced from 50mph to 40mph, though there have been very few accidents on this road over the last few years.

Yet there is a clear need for the same restriction to be put in place on Ash Tree Lane after all the accidents we have had on this road, the last one taking out many of the concrete bollards at the edge of the road, yet it still remains at 60mph.

The width of this road is also a major contributing factor to the accident rate as many of the bends are not suitable for cars to be traveling at high speeds.

Would it not be beneficial for road safety for the junction of Beacon Road onto Ash Tree Lane to be modified to give better vision when turning out to go up Ash Tree Lane, as this has also caused many accidents in the past and to reduce the speed limit on Ash Tree Lane to 50mph?”

Question D – Ben Rist, of Gillingham, submitted the following to the Portfolio Holder for Resources, Councillor Gulvin:

“At the Council meeting on 19 January 2023, during agenda item 8 Leader’s report, Councillor Gulvin misled the questioner asking about investment in Gillingham by claiming a new mental health service was in Gillingham, which is untrue. Britton House is just Canada House that moved and is not new. When are  ...  view the full minutes text for item 778.

Discussion:

Members received the Leader’s report. The following issues were discussed:

• The provision of Front Line services, including the maintenance of weekly refuse collections.
• The Council’s response to the Covid pandemic.
• Growth of the local economy, which was now worth nearly £6billion Gross Value Added and the regeneration work led by the Council across Medway.
• Regeneration in Medway such as Britton Farm, White Road and Mountbatten House.
• The continued improvement journey in Children’s Services
• Development of the Integrated Care Board Joint Forward Plan and of a new Joint Local Health and Wellbeing Strategy.
• The establishment of a Combatting Drugs Partnership.
• Medway being the first area in the South East to be awarded the status of Health Determinants Research Collaborative.
• Tourism in Medway which was worth £360million annually and supported 7,000 jobs.
• The development of Innovation Park Medway.
• Development at the former Civic Centre site in Strood and at Rochester Riverside.
• Applications submitted for Brownfield Release funding for the former Debenhams building and Mountbatten House in Chatham and the Strood former Civic Centre site.
• 90% of the new homes at Garrison Point, Chatham had been sold.
• Public Realm Round 2 public engagement work regarding design of the Paddock.
• The Council’s bid to the Shared Prosperity Fund.
• £400,000 of funding which had been awarded to Medway from the Rural Economic Prosperity Fund.
• The refurbishment of six play areas.
• Housing Infrastructure Fund progress.
• Concern about how close to the Council’s budget setting the Government had announced public health funding.
• Development on the Hoo Peninsula and the impact on wildlife habitats
• Difficulty recruiting staff in areas such as environmental health and building control.
• Enhancements made to leisure provision in Medway.
• The importance of climate change work and promoting biodiversity.
• Development of the Medway Local Plan and concern that this had not been delivered.
• Arts Council recognition of Medway as a major place for their investment.

·      The work of the Corporate Parenting Board for Children in Care.

Decision:

The Council noted the report.

Discussion:

Members received a report on overview and scrutiny activity and raised the following issues during debate:

• Medway schools – the quality of and investment in Medway schools, the academisation process, grammar school expansion and partnership working.
• The development of Innovation Park Medway including the business opportunities and high value jobs being created in Medway.
• The Housing Infrastructure Fund and the enablers to the Council being able to successfully deliver the project.
• The importance of overview and scrutiny and the role of the press, including the Local Democracy reporter.
• Concern about the difficulties the Council had faced in the development of a new Local Plan.
• The work of the GP Access Task Group and the further engagement that was due to take place with GPs.

·      The development of the Better Care Fund Plan.

Decision:

The Council noted the report.

 This report sets out the Members’ questions received for this meeting.

Question A – Councillor Edwards asked the Portfolio Holder for Planning, Economic Growth and Regulation, Councillor Chitty, the following:

“Vibrant High Streets are key to Medway’s economic success. Yet even our more successful High Streets are plagued by empty buildings that sit idle and do not contribute to the local economy.

Can the Portfolio Holder tell me how many empty retail properties there are on High Streets in Medway, including how many of those are owned by Medway Council?”

Councillor Chitty thanked Councillor Edwards for the question. She said that Medway’s high streets were important for economic growth and that was why hard work had taken place to secure significant external funding to invest in high streets and why millions were being invested in Chatham as the city centre. Vacancy rates for Medway’s town centres were all below the national average, as set out in table below [the table was displayed onscreen to those present at the Full Council meeting or watching online].

Councillor Chitty said that Chatham’s vacancy rate was skewed due to the preparatory work underway to accommodate the Healthy Living Centre and Innovation Hub on the first floor of the Pentagon Shopping Centre. The Council had also acquired the former Debenhams building and had commercial agents marketing the site.

Apart from the Pentagon Centre, the Council also owned 20-26 High Street, Gillingham and 1-19 Twydall Green, Gillingham, all of which were currently occupied.

Medway continued to be proactive in the regeneration of its high streets, continually seeking funding opportunities and directly intervening where possible. Councillor Chitty concluded that Medway’s high streets were performing above the national average and acknowledged the businesses that worked hard to establish thriving town centres.

Question B – Councillor Johnson asked the Portfolio Holder for Children's Services – Lead Member, Councillor Mrs Josie Iles, the following:

“Given the financial and other pressures on the Early Years Sector in Medway, driven by a dysfunctional market, ‘free’ places that are not fully funded, ownership and governance structures that sometimes do not support effective provision, and staffing challenges caused by the government’s poor record on workforce planning, what measures has the Portfolio Holder taken personally to support this sector which is so vital for families in Medway?”

Councillor Mrs Iles thanked Councillor Johnson for the question. She said that the Council’s Early Years Sufficiency Team supported early years providers and ensured the Council fulfilled its statutory duties and commitment to high quality Early Years provision.

The service worked to secure sufficient childcare for working parents and secure Early Years provision according to eligibility criteria. They also provided information, advice and assistance to parents and prospective parents and information, advice and  ...  view the full minutes text for item 781.

This report asks full Council to approve the appointment of the Director of Place, following consideration by the Appointments Committee on 17 April 2023.

An addendum report will be tabled at the Council meeting setting out the decision of the Appointments Committee and the outcome of the executive notification procedure.

The report also seeks to designate the Director of People (Children and Adults Services) as Deputy Chief Executive.

Background:

This report asked Full Council to approve the appointment of the Director of Place, following consideration by the Appointments Committee on 17 April 2023.

An addendum report had been published on the day of the Council meeting setting out the decision of the Appointments Committee and the outcome of the executive notification procedure.

The Deputy Leader and Portfolio Holder for Housing and Community Services, Councillor Doe, supported by Councillor Maple, proposed the recommendations set out in the report.

Members of the Council offered their congratulations to the successful candidate.

Decision:

a)    The Council approved the appointment of Adam Bryan, as agreed by the Appointments Committee, as the Director of Place.

b)    The Council agreed the proposal explained in paragraphs 2.5 and 2.6 of the report, that the Director of People (Children and Adults Services) be also designated Deputy Chief Executive.

This report sets out the proposals to ensure that appropriate levels of good quality mainstream and SEND school places are available through to 2027. It requests that full Council agrees for them to be added to the Education Capital Programme, as recommended by Cabinet on 4 April 2023.

Background:

This report set out proposals to ensure that appropriate levels of good quality mainstream and Special Educational Needs and Disabilities (SEND) school places would be available through to 2027. It requested that the projects be approved, and that the Cabinet recommend to Full Council for them to be added to the Education Capital Programme.

The report set out proposed mainstream projects worth £19.44million and SEND projects worth £16.2million. The report advised that the mainstream proposals, together with occasional bulge classes at other schools on a rota basis, including the two new free schools, should ensure that Medway would have sufficient primary and secondary school places for the foreseeable future. In relation to the proposed SEND projects, these were a mix of special school expansions and new resourced provision attached to mainstream schools. This would ensure that the most appropriate provision was in place to meet the pupil need.

The report had been considered by the Cabinet on 4 April 2023, the outcome of which was set out in section 7 of the report.

The Portfolio Holder for Education and Schools, Councillor Potter, supported by the Portfolio Holder for Children’s Services – Lead Member, Councillor Mrs Josie Iles, proposed the recommendations set out in the report.

Decision:

The Council approved the addition of the following to the Capital Programme:

i)      £19,447,199.09 to provide sufficient mainstream school places, as shown in table 1 of the report and the funding available as set out in paragraph 3.3 of the report.

ii)     £16,599,649.00 to provide sufficient SEND school places, as shown in table 2 of the report and the funding available as set out in paragraph 4.5 of the report.

Following Cabinet approval for the enforcement of Moving Traffic Offences in Medway in October 2022, and Cabinet and Council approval of the revenue impacts in the budget report in February 2023, this report seeks approval to reflect the implementation costs in the Council’s Capital Programme.

Background:

This report sought approval of an addition to the Council’s Capital Programme of implementation costs associated with the enforcement of Moving Traffic Offences in Medway. This followed Cabinet approval in October 2022 of an application to Government for enforcement powers and Cabinet and Council approval of the revenue impacts in the budget report in February 2023.

This report explained that the budget report considered by the Cabinet and Council in February 2023 had not reflected the implementation costs required to enable the enforcement of these offences as an addition to the capital programme, funded by borrowing, and therefore it was necessary to formally approve this scheme for addition to the Capital Programme.

The Leader of the Council, Councillor Jarrett, supported by the Deputy Leader and Portfolio Holder for Housing and Community Services, Councillor Doe, proposed the recommendations set out in the report.

Decision:

The Council approved the addition of £2,019,488 to the Capital Programme, funded from borrowing, to meet the costs of implementing the enforcement of Moving Traffic Offences in Medway.

This report details contracts awarded in accordance with the provisions of Contract Procedure Rule 1.8.2 of the Contract Procedures Rules which were effective for the period this report covers.

Exemptions to Contract Procedure Rules, to deal with the letting of contracts in exceptional circumstances where it is considered to be in the best interests of the Council to do so, can be approved by the Monitoring Officer, provided that the exemption does not breach UK Directive, Statute or Regulation.

Background:

This report provided details of two contracts awarded during the period 1 April 2022 to 31 March 2023, in accordance with the provisions paragraph 1.8.2 of the Contract Procedure Rules which were effective for the period covered by the report.

The report stated that exemptions to Contract Procedure Rules to deal with the letting of contracts in exceptional circumstances, where it was in the best interests of the Council to do so, could be approved by the Monitoring Officer, provided that the exemption did not breach any UK Directive, Statute or Regulation.

The Portfolio Holder for Resources, Councillor Gulvin, supported by the Portfolio Holder for Adults’ Services, Councillor Brake, proposed the recommendations set out in the report.

Decision:

The Council noted the contents of the report.

This report sets out a proposed amendment to the Integrated Care Partnership Joint Committee’s terms of reference to enable a representative of Kent Police to attend meetings in a non-voting capacity.

Background:

This report set out a proposed amendment to the Integrated Care Partnership Joint Committee’s Terms of Reference to enable a representative of Kent Police to attend meetings in a non-voting capacity.

The proposed revised Joint Committee’s Terms of Reference were set out in Appendix 1 to the report.

The Leader of the Council, Councillor Jarrett, supported by the Portfolio Holder for Adults’ Services, Councillor Brake, proposed the recommendations set out in the report.

Decision:

The Council agreed the revised Integrated Care Partnership Joint Committee’s Terms of Reference, as set out in Appendix 1 to the report.

This report provides details of recent usage of urgency provisions contained within the Constitution.

The report also sets out a proposal to update the Council’s Employee Delegation Scheme with regards to the Assistant Director Legal and Governance’s delegated authority.

Background:

This report provided details of recent usage of urgency provisions contained within the Constitution.

The report also set out a proposal to update the Council’s Employee Delegation Scheme with regards to the Assistant Director, Legal and Governance’s delegated authority. There was currently a delegated authority in place in respect of legal proceedings for executive functions. The report proposed that this be extended to cover non-executive functions, i.e., those that were the responsibility of the Council, for example, planning matters. This was set out as a tracked change at Appendix 1 to the report.

The Leader of the Council, Councillor Jarrett, supported by Councillor Kemp, proposed the recommendations set out in the report.

Decision:

a)      The Council noted the use of urgency provisions as set out in sections 3 and 4 of the report.

b)      The Council approved the update to the Employee Delegation Scheme, as set out in Appendix 1 to the report.

This report sets out the motions received for this meeting.

Motion A – proposed by Councillor Potter and supported by Councillor Mrs Josie Iles

“Support for Grammar Schools in Medway

Medway Council has a proud record of delivering quality school places to meet the needs and abilities of all children in Medway.

The Council notes that despite the challenge of a growing school age population we are joint first, nationally, as a provider of good and outstanding school places. This has been delivered with combined investment in school capital projects totalling over £140m from Council funding and directly through Department for Education led projects.

• In the primary phase over 3500 primary school places have been created at schools and new build projects.
• There have been over 3000 mainstream secondary school places created through school expansions and two new secondary schools.
• Over 600 selective places have been created by expanding existing grammar schools.
• In the SEND sector, 586 additional school places have been provided with projects such as the Abbey Court new build and additional provision at Bradfields. This has been complimented by new resource provision units in mainstream schools.

The Council also notes the continuing programme of capital projects that are underway and scheduled across all phases, including the expansion of Hundred of Hoo Primary to 2 form entry, further SEND resource provision units at various mainstream schools, and the construction of the Maritime Academy and the Inspire Special School.

Medway Council recognises the importance for education provision to meet the needs and abilities of all of our children and young people. This includes the provision of selective education in Medway and this Council recognises the excellent role Medway grammar schools play for our most academically gifted children regardless of income or background, especially when it comes to narrowing the attainment gap.

The Council further notes the work that has been undertaken with our grammar schools to change admission policies to prioritise grammar assessed children on distance, not on score, in order to better prioritise local children within the remit of the Admissions Code. The Council also approved the proposals for three Medway Grammar schools to change from single sex to co-educational, these proposals are now awaiting approval by the Regional Director. If approved, this will provide greater flexibility in the school admissions process and will better enable the use of school places for local children.

This Council acknowledges the challenge to maintain a minimum of 25% grammar provision in Medway against the prospect of future population growth, in particular that coming forward and proposed in Hoo. As stated above, significant work has already been undertaken in order to address this increase in population, including through the expansion of existing grammar schools. However, this Council also acknowledges there are concerns amongst grammar school heads that existing schools are now reaching or are close to ideal capacity. As there is no grammar provision west of the river, most children living there who attend a grammar school in Medway will travel to the schools in Rochester and Chatham.

In light  ...  view the full minutes text for item 788.