Agenda and minutes

Venue: The Guildhall, St Peter's Place, Canterbury

Contact: Josie Newman  01227 862 009

Items
No. Item

358.

Apologies for absence

Minutes:

Apologies have been received from Councilors Eden-Green, J Stockley and Spooner.

359.

Substitute Councillors

Minutes:

Councilor Dixey was present as a substitute for Councillor Eden-Green and Councillor Glover was present as a substitute for Councillor Spooner.

360.

Declaration of any interests

TO RECEIVE any declarations for the following in so far as they relate to the business for the meeting:-

 

a.       Disclosable Pecuniary Interests

b.       Other Significant Interests (what were previously thought of as non-pecuniary Prejudicial interests)

c.       Voluntary Announcements of Other Interests

 

Voluntary Announcements of Other Interests not required to be disclosed as DPI’s or OSI’s, ie announcements made for transparency reasons alone, such as:

         Membership of outside bodies that have made representations on agenda items, or

         Where a Councillor knows a person involved, but does not have a close association with that person, or

         Where an item would affect the well-being of a Councillor, relative, close associate, employer, etc but not his/her financial position.

 

[Note: an effect on the financial position of a Councillor, relative, close associate, employer, etc; OR an application made by a Councillor, relative, close associate, employer, etc, would both probably constitute either an OSI or in some cases a DPI].

 

Minutes:

Councillors Dixey, Fisher and I Thomas made a voluntary announcement that they were on the Whitstable Harbour Board which had previously considered the matter of the Bretts Aggregates lease.

361.

Public participation

The Chairman to report any requests from members of the public who have given notice that they wish to speak on any item on the agenda.  The public must give notice to Democratic Services by 12.30pm on Wednesday 29 November.

Minutes:

Two members of the public spoke prior to the consideration of the item regarding public realm improvements.

362.

Minutes of meeting Thursday, 28 September 2017 of Regeneration and Property Committee pdf icon PDF 111 KB

TO CONFIRM

Minutes:

The minutes were agreed as a true record.

363.

Public Realm Improvements - Orange Street, Best Lane and the Friars, Canterbury pdf icon PDF 137 KB

TO CONSIDER the report of the Assistant Director of Planning and Regeneration.

Additional documents:

Minutes:

(Prior to the consideration of the item members of the public, Chris Millar on behalf of St Peter’s Residents Association and Tania Hoser, spoke.)

 

The Chairman drew attention to the agenda supplements for the meetings including the updated drawing of the layout of the proposed scheme.

 

The Senior Transportation Officer introduced the report which summarised the results of the public consultation regarding improvements to paving in Orange Street, Best Lane and the Friars and the installation of bollards and the extension of the pedestrian zone in the Friars. The location of the bollards had appeared to have been the biggest concern during the public consultation and as a result the proposed position of them had been revised.

 

The recommendations in the report were proposed and seconded. The Committee made comments and asked questions and the Senior Transportation Officer gave points of clarification where appropriate. Matters were covered including the following additional points:

 

1.     The bollards were there to reinforce the pedestrian zone. They needed to be placed at the start of the zone at the same location as the traffic signs to be most effective and reduce potential confusion.

 

2.     The Marlowe Theatre was confident that it could accommodate its visitors, including those with disabilities, under the proposed scheme.

 

3.     Residents were concerned that the area would become an extension of the high street which would bring with it late night noise.

 

4.     Residents were also concerned that the scheme would encourage applications for tables and chairs on the highway adding to the noise nuisance.

 

5.     Originally benches had been proposed, these had been withdrawn from the proposed scheme in response to concern it would discourage quick dispersal from the venues in the area.

 

6.     It was not possible for the Committee to limit what licensing applications people could make. So it falls to the residents to object when one comes forward.

 

7.     The bollards would be in place only for the hours that the pedestrian zone was in effect.

 

8.     The Chief Executive added that should a specific threat of a terrorist attack emerge the control room would be able to extend the hours in which they were in use and that there was discussion about wider anti-terrorist measures, including the use of bollards, going on across the county.

 

9.     The proposal did not seek to alter kerb heights or to change the status of any of the road in Orange Street, but flush paving in heritage materials was proposed for Best lane and part of The Friars.

 

10.  During the consultation information was delivered to all premises in the area whether business or residential. Meetings with businesses and residents were held when they were requested.

 

11.  The proposals were part of the ‘Transforming the public realm’ project which has agreed a four year package of parking charges in Canterbury City centre and stipulated improvements that would be made as a result.

 

The following options were set out in the report:

 

       i.          To  implement  the  works  broadly  in  ...  view the full minutes text for item 363.

364.

Extension of the Lease to Brett Aggregates pdf icon PDF 268 KB

TO CONSIDER the report of the Director of Resources.

 

(Please note the information contained later in this agenda).

Additional documents:

Minutes:

The Chairman introduced the item and drew attention to the information contained in the Annexe which was exempt from publication.

 

The Principal Maritime Engineer introduced the report and set the context for the request to extend the lease to Brett Aggregates on the East Quay of Whitstable Harbour. He outlined relevant matters including:

 

1.     The Whitstable Harbour Strategic Plan.

2.     Environmental controls.

3.     The current lease ends in four years at which time Bretts would be able to apply for a new lease.

4.     Early renewal allows for the area of lease to be redrawn to facilitate the new embarkation facility.

5.     The designation of the site in the Kent Minerals and Waste Plan.

6.     Local economic impact of the operation.

 

The members made comments including the following:

 

7.     Early renewal of the lease would encourage them to invest in the site.

 

8.     Their presence ensured that Whitstable Harbour remained a working harbour and that was what people wanted.

 

9.     It was important that the council’s interests were looked after and given the restrictions placed on the site, this seemed to be the best outcome at this time.

 

The recommendations in the report were proposed, seconded and when put to a vote unanimously agreed.

 

The options were set out in the report as follows:

 

       i.          Do nothing, in which case a continuation tenancy would arise at the end of the current term.

      ii.          Attempt to negotiate a new lease between the parties.

     iii.          Make an application to the Court to determine the terms of a new lease. The tenant is entitled to a lease on similar terms at a market rent (the Court has the ability to grant a lease for a maximum term of 15 years).

 

RESOLVED: That the lease be extended on the terms set out in the confidential annex to this report.

 

Reason for the decision: Negotiating the new lease at this time and outside the Landlord and Tenant Act renewal provisions gives greater flexibility. It provides the Council with certainty as at the moment there is no guarantee that Bretts would renew the lease in 2022. If the lease was not renewed in 2022 the Council would be faced with finding a tenant for a significant section of the Harbour which does have limited uses and therefore a limited pool of potential tenants.

 

Record of the voting

For the proposal: A Baker, Dixey, Fisher, Fitter-Harding, Glover, I Stockley, I Thomas, R Thomas and Waters (9)

Against the proposal: None

Abstaining from the proposal: None

365.

Date of next meeting

7pm Thursday 25 January 2018, the Guildhall, St Peter’s Place, Canterbury.

Minutes:

7pm Thursday 25 January 2018, the Guildhall, St Peter’s Place, Canterbury.

366.

Exclusion of the press and public

TO RESOLVE – That under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items of business on the grounds that there would be disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act or the Freedom of Information Act or both.

 

Minutes:

It was not necessary to exclude the press and public.

367.

Extension of the Lease to Brett Aggregates - annex exempt from publication

(The information contained here is exempt from being published because its disclosure is likely to prejudice the commercial interest of both the Council and other bodies (s. 43 Freedom of Information Act 2000). The Council considers that at present the public interest in maintaining the exemption outweighs the public interest in disclosing it. Paragraph 3 of schedule 12A of the Local Government Act 1972 also applies.)

 

TO NOTE

 

(Please note the information contained in the earlier agenda item).

Minutes:

(The information contained here was exempt from being published because it’s disclosure was likely to prejudice the commercial interest of both the Council and other bodies (s. 43 Freedom of Information Act 2000). The Council considers that at present the public interest in maintaining the exemption outweighs the public interest in disclosing it. Paragraph 3 of schedule 12A of the Local Government Act 1972 also applies.)

 

This information was borne in mind when the Committee took its decision in the public part of the meeting.