Agenda and minutes

26.1     The Lead Member approved as a correct record the minutes of the meeting held on 26 July 2022.

Disclosure by all Members present of personal interests in matters on the agenda, the nature of any interest and whether the Members regard the interest as prejudicial under the terms of the Code of Conduct

27.1     There were none.

Notification of any items which the Lead Member considers urgent and proposes to take at the appropriate part of the agenda.

28.1     There were no urgent items.

29.1     Reports referred to in the minutes below are contained in the minute book.

Report by the Chief Operating Officer

30.1     The Lead Member considered a report by the Chief Operating Officer.

DECISIONS

30.2     The Lead Member RESOLVED to:

(1) Approve the East Sussex Social Value Policy.

(2) Authorise the Chief Operating Officer to make, if necessary, minor modification to the Policy after finalisation.

REASONS

30.3     A draft policy for social value was created to fulfil the need for a formalised and consistent approach to social value across all departments and services within ESCC.

30.4     The policy has been reviewed at the Place Scrutiny Committee, giving committee members the opportunity to comment and provide input to the document and to see how it relates to and supports the Council’s strategic objectives and Buying Local initiatives.

Report by the Chief Operating Officer.

31.1     The Lead Member considered a report by the Chief Operating Officer.

DECISIONS

31.2     The Lead Member RESOLVED to:

(1) Review and consider the surveyor`s report (Appendix 1 of the report) made under section 119 of the Charities Act 2011 in relation to the proposed lease as trustee of the Ashdown Forest Trust (the Charity).

(2) Approve the granting of a 21-year lease to Forest Row Sports Ground Association for land forming part of Ashdown Forest on the basis that, having considered the Surveyors Report, the Council is satisfied that the terms of the proposed lease are the best that can reasonably be made for the Charity.

(3) Delegate authority to the Chief Operating Officer to determine the detailed terms of the lease and take any other actions considered appropriate to give effect to the decision.

REASONS

31.3     The current occupancy agreements between The Forest Row Sports Ground Association (the Association), Forest Row Parish Council and the Conservators of Ashdown Forest which expire in January 2023 need to be revised. They currently prevent the Association from improving and investing in the facilities. The Conservators support the continued provision of sports facilities by the Association.

31.4     The lease will be at a peppercorn rental and subject to restrictions imposed by the Ashdown Forest Act and subject to the Association continuing to pursue charitable objectives. The Parish Council have agreed that there is no requirement for their continued involvement in the site and have no objection to the granting of a lease direct to the Association.

31.5     The Association is a registered charity; its objectives are the provision of facilities for recreation and leisure time for the benefit of inhabitants of Forest Row and surrounding areas.

31.6     The County Council, on behalf of the Trust, advertised in a local newspaper, the Sussex Express, seeking any comments on the proposed letting. The closing date was 8 August 2022 and no comments were received.

Report by the Chief Operating Officer.

32.1     The Lead Member considered a report by the Chief Operating Officer together with exempt information contained in a later agenda item.

DECISIONS

32.2     The Lead Member RESOLVED to:

(1) approve the surrender of the existing head lease of parts of the Performing Arts Centre (PAC) between East Sussex College Group and East Sussex County Council (as Trustee of East Sussex Music Trust). 

2) approve East Sussex County Council (as Trustee of East Sussex Music Trust) to take a new 20-year lease of the same accommodation at the Performing Arts Centre from East Sussex College Group on similar terms to the existing lease.

3) approve the grant of an underlease for 20 years (less one day) from East Sussex County Council (as Trustee of East Sussex Music Trust) to East Sussex College.

4) delegate authority to the Chief Operating Officer to determine the detailed terms of the head lease and underlease and take any other legal agreements considered appropriate to give effect to these decisions.

REASONS

32.3     The Council, as Trustee for the East Sussex Music Trust, to the lease arrangements set out in the report will enable East Sussex County Council (ESCC) to work with partner organisations to put in place the future arrangements for the PAC. These arrangements ensure continued delivery of the current service at no additional cost to ESCC.

Report by the Chief Operating Officer

33.1     The Lead Member considered a report by the Chief Operating Officer together with exempt information contained in a later agenda item.

DECISIONS

33.2     The Lead Member RESOLVED to

(1) Note the findings of the public consultation on the future community leisure provision at Heathfield Leisure Centre that took place between 28 June 2022 and 9 August 2022.

(2) Approve to cease provision of non-college community use of the leisure facilities at Heathfield Leisure Centre from 17 October 2022.

(3) Approve the Council working with the College to ensure a smooth transition to exclusive college curriculum use of the leisure facilities.

(4) Delegate authority to the Chief Operating Officer in consultation with the Assistant Chief Executive to carry out all actions necessary to give effect to the recommendations in this report.

REASONS

33.3     In reaching a decision on the future of non-college community use of the leisure centre at Heathfield, the Lead Member carefully considered the consultation feedback; the equality implications set out in the Equality Impact Assessment as well as the wider financial implications.

33.4     The consultation responses provided a number of suggestions relating to changes to the operating model; however, none of these offered a financially sustainable model for continued non-college community use. Even with the proposed changes, significant financial resources would be required to maintain non-college community use of the Centre.

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To consider excluding the public and press from the meeting for the remaining agenda item on the grounds that if the public and press were present there would be disclosure to them of exempt information as specified in paragraphs 1,2 or 3 of Part 1 of the Local Government Act 1972 (as amended), namely information relating to any individual, information that is likely to reveal the identity of an individual or information relating to the financial or business affairs of any particular person (including the authority holding that information).

34.1     It was RESOLVED to exclude the public and press from the meeting for the remaining agenda items on the grounds that if the public and press were present there would be disclosure to them of exempt information as specified in paragraphs 1, 2 or 3 of Part 1 of the Local Government Act 1972 (as amended), namely information relating to any individual, information that is likely to reveal the identity of an individual or information relating to the financial or business affairs of any particular person (including the authority holding that information).

Report by the Chief Operating Officer

35.1     The Lead Member considered a report by the Chief Operating Officer which contained exempt information in support of an earlier agenda item.

35.2     The Lead Member RESOLVED to: note the contents of the report and approve the leases in support of an earlier agenda item concerning the Performing Arts Centre.

Report by the Chief Operating Officer

36.1     The Lead Member considered a report by the Chief Operating Officer which provided exempt information in support of an earlier item on the agenda.

36.2     The Lead Member RESOLVED to note the report and the detailed financial information contained in the report in support of an earlier agenda item.

Report by the Director of Children’s Services

37.1     The Lead Member considered a report by the Director of Children’s Services.

DECISIONS

37.2     The Lead Member RESOLVED to approve the recommendations in the report, for the reasons set out in the report. The decision and reasons are set out in an exempt minute.