Agenda item

The Council considered the referral report of recommendations from the Joint Executive (Cabinet) Committee as set out in Report No COU/FH/18/018 in respect of:

3.   Habitats Regulations Assessment (HRA) Report

(Joint Executive (Cabinet) Committee: 4 September 2018)

Councillor Lance Stanbury, Cabinet Member for Planning and Growth, presented this referral item.

On the motion of the Cabinet Member, seconded by Councillor Simon Cole and with the vote being unanimous, it was

RESOLVED:

That:-

1.   The Council as a competent authority, undertake an Appropriate Assessment.

2.   The procedural changes required following the European court ruling, be confirmed.

3.   The HRA Addendum to the HRAs of the Forest Heath SIR and SALP (modification stage) (June 2018), attached as Appendix 1 to Report No CAB/JT/18/028, be endorsed; and

4.   Having regard to the HRA as a whole, the Council is satisfied that the FHDC Local Plan (SIR and SALP) will not have adverse effects on the integrity of any European site. 

and

4.   Barley Homes: Interim Business Plan and Changes in Governance

(Joint Executive (Cabinet) Committee: 18 September 2018)

The Chairman welcomed Councillor Sara Mildmay-White to the meeting, who was in attendance in her capacity as the West Suffolk Lead for Housing and presented this referral item.

Attention was drawn to the addendum to this report which had been circulated separately to the agenda and which set out amended recommendations.

Councillors Victor Lukaniuk and Ruth Allen raised concerns with the business plan and stated that they felt they were unable to support the recommendation.

In response, Councillor Lance Stanbury expressed disappointment that the Independent Group had apparently failed to recognise the value of the project and, furthermore, had not suggested any alternative ways of generating revenue.

The Leader explained that he appreciated that the project had resulted in some frustration and delay, however, he was confident it had great potential and was capable of delivering a good level of return and much needed housing for West Suffolk.

Councillor Lukaniuk requested that a recorded vote be taken on this item which was duly supported by four other Members.

On the motion of the Leader, seconded by Councillor David Bowman and upon being put to the vote Members voted as follows:

It was therefore

RESOLVED:

That:-

(1)     The proposal for Suffolk County Council to transfer its ownership of Barley Homes to the West Suffolk Councils be noted,  and the terms of the deal as set out in Paragraph 2.2 of Report No: CAB/JT/18/032, be agreed.

(2)     An additional working capital loan facility of £350,000 funded from the Strategic Priorities and Medium Term Financial Strategy (MTFS) reserves and as set out in section 3.4, be approved.

(3)     A revised total of £7.5 million (currently £6 million) revolving investment facility, be added to the Councils’ capital programme, financed from capital receipts in line with Paragraph 3.3.2.

(4)    Delegation be given to the S151 Officer and Monitoring Officer, in consultation with the Portfolio Holders for Resources and Performance and Housing to issue equity and loan funding from the revolving investment facility (set out in (3) above) subject to state aid requirements.

(5)     The S151 Officer and Monitoring Officer, in consultation with the Portfolio Holders for Resources and Performance, be authorised to negotiate and agree the terms of such  loans with Barley Homes and the funding and necessary legal agreements, taking into consideration the Council’s loans policy and state aid requirements.

(6)     Approval of the Interim Business Plan will constitute consent for Barley Homes to issue shares and enter into debt financing, in line with the Business Plan, be noted.

(7)      The Councils’ medium term financial revenue plans in line with section 3.5, be updated.

(8)    The proposed shareholder representative arrangements be agreed, and authority be given for the representatives to make all necessary decisions on behalf of the shareholders as required by the Articles of Association and Shareholder Agreement as set out in Paragraphs 5.4 to 5.6.

(9)     The Shareholder Representatives be authorised to make all necessary arrangements for the purchase of the County Council’s shareholding in Barley Homes, and the consequential governance amendments required to the Company’s Articles of Association and Shareholder Agreement, as set out in Paragraph 5.2.

(10)   The Shareholder Representatives be authorised to agree the Interim Business Plan contained in Exempt Attachment A of Report No: CAB/JT/18/032, subject to the development of the Town Hall Car Park, Haverhill, being paused to allow for further discussions on the aspirations of the site, and priority to be given to development of the sites at Westfields and Castle Hill.

(11)   It be noted that a comprehensive business case for Barley Homes will be presented to West Suffolk Council in 2019.

(12)   Agreement be given for the Council’s Section 151 Officer to make the necessary changes to the Council’s 2018/19 prudential indicators as a result of Recommendation (3).