[COMMITTEE]Cobtree Manor Estate Charity Committee				[Meeting date here]20 January 2020
Report title herePond creation at Forstal Field
Final Decision-Maker		[COMMITTEE]Cobtree Manor Estate Charity Committee
Lead Head of Service		If you are a manager/officer, please fill in you Head of Service’s name. If you are a Head of Service, please fill in your Director’s nameJohn Foster – Head of Regeneration and Economic Development
Lead Officer and Report Author		Fill in the lead officer and anyone who assisted with writing the report.Mike Evans
Classification		Public/Private     Please note: If you are intending to take a confidential item to CLT you will need this to be authorised by the proper officer as outlined in the constitution. The proper officer for this function is the Head of Policy, Communications and Governance, and the Chief Executive is a backup in case the Head of Policy, Communications and Governance is not available.
Wards affected		If your report affects the whole borough you can write ‘all’ in this box.   If your report affects some wards more than others, or if your report only affects particular wards, please specify which wards it affects.   REMEMBER TO CONSULT WITH WARD MEMBERS BEFORE THE AGENDA IS PUBLISHED, IF ANY WARDS ARE AFFECTED MORE THAN OTHERSBoxley
Executive Summary
Provide a short, one paragraph summary of the report. This section is best filled out once you have written your report.This report proposes the creation of a new pond on Forstal Field
Purpose of Report   [Decision/Discussion/Noting]This report seeks a decision from Committee on the creation of a new pond on Forstal Field to be used as a receptor site for displaced reptiles.
This report makes the following recommendations to this Committee:
1.   That approval is given for the creation of a new pond on Forstal Field. 2.   That delegated authority be given to the Committee Chair and the Head of Regeneration and Economic Development in consultation with the Committee Chairman to confirm the precise location of the pond when scale maps are available.
Timetable
Meeting			Date
Committee (please state)Cobtree Manor Estate Charity Committee			20 January 2020
Council (delete as appropriate)

Report title herePond creation at Forstal Field

1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

 

Delete text below once read: Report authors must consider the implications of the recommendations in the report for each of these issues. Where no implications have been identified, this should be stated. It is the report author’s responsibility to ensure that the draft report is read and signed off by relevant officers prior to being considered by management or members. Relevant officers need to be given adequate time to do this. The relevant officers are:

·            The legal team (for all reports which will go before members).

·            The section 151 officer or deputy (for all reports with any financial implications, including those which recommend any expenditure or propose any savings).

·            Other officers as listed in the sign-off column (for all reports where any significant implications have been identified under that issue).

·            Equalities Reviewers

·            Finance Reviewers

·            Health Reviewers

·            Part II Reviewers (only add to the circulation list if your report will be in Part II (Exempt) or you have an Exempt Appendix)

You should fill in your assessment of the implications in the box, and circulate this for review by the appropriate officers. Reviewers may add to this comment or replace it with another. However Reviewers must put their name in the sign off box once they have checked the comment.

 

It is important to ensure this area is filled in, as many of these areas form areas that decision makers are legally required to consider before making a decision. Demonstrating that they have been considered through filling in this section helps to ensure our decision making is legally robust.

 

To help report authors fill out the boxes, some suggested wording is provided below for each of the sections. You do not have to use this wording but it will give you an idea of what is expected.

 

If your wording takes up more than a short paragraph in the box, then you should cover it in the main body of your report and then refer to these paragraphs in the cross cutting issues boxes.

 

 

 

Issue	Implications	Sign-off
Impact on Corporate Priorities	The four Strategic Plan objectives are:   ·            Embracing Growth and Enabling Infrastructure ·            Safe, Clean and Green ·            Homes and Communities ·            A Thriving Place   We do not expect the recommendations will by themselves materially affect achievement of corporate priorities.  However, they will support the Council’s overall achievement of its aims as set out in section 3 [preferred alternative]. Accepting the recommendations may materially harm the Council’s ability to achieve [corporate priority].  We set out the reasons we think, nevertheless, the proposed action remains the best approach within section 3 [preferred alternative]. Accepting the recommendations will materially improve the Council’s Charity Trust’s ability to: ·          achieveEmbrace Growth and Enable Infrastructure  [corporate priority].  We set out the reasons other choices will be less effective in section 2 [available alternatives]. ·         Provide a safe, clean and green borough The recommendations are also in line with the Charity’s charitable objectives.	[Head of Service or Manager]Mike Evans – Leisure Manager
Cross Cutting Objectives	The four cross-cutting objectives are:   ·            Heritage is Respected ·            Health Inequalities are Addressed and Reduced ·            Deprivation and Social Mobility is Improved Biodiversity and Environmental Sustainability is respected   The report recommendations(s) supports the achievement(s) of respecting biodiversity and environmental sustainabilitythe xx xx cross cutting objectives by [XX] providing new habitats in the park.   The report recommendation(s) impairs the achievement of the cross cutting objectives by [XX]	[Head of Service or Manager]Mike Evans – Leisure Manager
Risk Management	Already covered in the risk section – if your risk section is more than just a paragraph in this box then you can state ‘refer to paragraph … of the report’Refer to paragraph 5.1 of this report	[Head of Service or Manager]Mike Evans – Leisure Manager
Financial	The proposals set out in the recommendation are all within already approved budgetary headings and so need no new funding for implementation. Accepting the recommendations will demand new spending of £x.  We plan to fund that spending as set out in section 3 [preferred alternative]. We expect accepting the recommendations will result in additional work in the park to the sum of £5,000net extra income of £x..  This income is above/within amounts already accounted within the Council’s Trust’s financial planning.  The new habitat can act as a receptor site for displaced reptiles from elsewhere in the borough, which will provide additional income to the Trust.	[Section 151 Officer & Finance Team]Paul Holland – Senior Finance Manager - Client
Staffing	We will deliver the recommendations with our  current staffing. ·            There will be Staffing implications and these are set out in section 3 ·            We will need access to extra expertise to deliver the recommendations, as set out in section 3 [preferred alternative]. ·            Accepting the recommendations will lead to a need for savings that may put staff at risk of redundancy.  We will bring forward specific proposals soon.	[Head of Service]John Foster – Head of Regeneration and Economic Development
Legal	Accepting the recommendations will fulfil the Council’s duties under [act].  Failure to accept the recommendations without agreeing suitable alternatives may place the Council in breach of [act]. Under the Council’s Constitution the Committee as Corporate Trustee is responsible for all matters relating to the Charity with the exception of daily management. Acting on the recommendations is within the Council’s Charity’s powers as set out at [x].and in line with its charitable objectives.	[Legal Team]
Privacy and Data Protection	Accepting the recommendations will increase the volume of data held by the Council.  We will hold that data in line with our retention schedules.   No impact identified as a result of the recommendations set out in this report We recognise the recommendations will impact what personal information the Council processes and so have completed a separate data privacy impact assessment [at reference].	Equalities and Corporate Policy OfficerPolicy and Information Team
Equalities	We recognise the recommendations may have varying impacts on different communities within Maidstone.  Therefore we have completed a separate equalities impact assessment [at reference]. No impact identified as a result of this report and recommendation. The recommendations do not propose a change in service therefore will not require an equalities impact assessment	[Policy & Information Manager]Equalities and Corporate Policy Officer
Public Health	·            We recognise that the recommendations will have a positive impact on population health or that of individuals. We recognise that the recommendations will not negatively impact on population health or that of individuals. ·            We recognise the recommendations may have varying impacts on the health of the population or individuals within Maidstone. Therefore we have completed a separate health impact assessment. In accepting the recommendations the Council would be fulfilling the requirements of the Health Inequalities Plan	[Public Health Officer]
Crime and Disorder	Crime and disorder implications are managed day-to-day in line with council procedures and policiesThe recommendation will have a negative impact on Crime and Disorder. The Community Protection Team have been consulted and mitigation has been proposed	[Head of Service or Manager]Mike Evans – Leisure Manager
Procurement	The works will be managed by a third party on Cobtree Estate land, if permission is granted by Committee.  The council will have no procurement responsibilities in this regard.On accepting the recommendations, the Council will then follow procurement exercises for [listed parts of the action].  We will complete those exercises in line with financial procedure rules. The actions need procurement that for [reasons] we cannot complete in line with financial procedure rules.  So we will seek a waiver through [procedures]	John Foster – Head of Regeneration and Economic Development [Head of Service & Section 151 Officer]

 

 

 

 

2.   2.  INTRODUCTION AND BACKGROUND

 

2.1     Natural England, working with Medway Valley Countryside Partnership, is completing a restoration of the existing pond in Cobtree Park.  Natural England is doing so to improve the quality and suitability of ponds available to great crested newt populations within the Boxley area.

 

2.2     This restoration work includes removing some of the trees growing within in the pond, removing silt and installing new fencing around the perimeter of the pond.  The silt will be deposited in the park to keep it in the park location.

 

2.3     [Introduce and establish the context for the report, outline the background issues, and explain what has changed to necessitate the action recommended in the report]. Natural England has also identified the Forstal Field as an ideal location for a new pond and wishes to create a pond in that field, which will also increase the habitat and biodiversity in the park and the surrounding areas.

 

2.4     Natural England will fund the creation of the new pond, which is anticipated to be approximately 200 square meters in size and approximately 1.5m at its deepest point.  The excavated soil will be used to create banking around the pond, which will be surrounded by scrub and not be fenced.

 

2.5     The proposed location for the pond, based on the best habitat for newt populations, is the eastern border of the field.  This area is away from the Forstal Road.  The location will not interfere with the Cobtree Young Farmers lease arrangement for farming the field and it will not interfere with the preferred railway route either.  

 

2.6     The works to create the pond will be completed by Natural England and their contractors.  Works will be completed in line with Natural England’s own procurement processes, their own policies, and procedures.  As with all contractors Maidstone Borough Council will oversee their safe working on site and keep the public and ourselves safe.

 

2.7     It is anticipated the works on the two ponds will cost between £6,000 and £8,000.  The park will not receive this capital sum directly, but it will benefit from this investment being made in to its environment and infrastructure.

 

Planning

 

2.8     The Leisure Manager has had discussions with Maidstone Borough Council planning officers about the creation of such a pond and officers are confident the right permissions can be secured in line with the project deadlines and funding timelines.

 

Rehoming displaced reptiles

 

2.9     Once created the pond will improve the habitat and ecology of the park.  The pond will also be an identified site for the rehoming of great crested newts, which become displaced by development in the borough and surrounding areas.  Because of this use the pond must be kept and the Committee would be committing to that use of that section of Forstal Field for the foreseeable future.

 

2.10 The park would be in a position to receive an income for each displaced reptile that is transferred to the Forstal Field pond.  Indicative costs are currently £100 per reptile that is accommodated within the colony’s sustainable threshold levels.

 

 

3.   AVAILABLE OPTIONS

 

Do nothing

 

3.1     The Committee could choose not to create this new pond on the Forstal Field.  In doing so it would relinquish the funding that would pay for its creation and would also not be creating new habitat and respecting biodiversity and sustainability.  This is not the preferred option[Outline the options available for responding to the situation described in Section 1. Wherever possible this should include at least three options, one of which should be the ‘do nothing’ option. For each of these options, provide a brief analysis of advantages and disadvantages, together with a summary of why each option except that described in more detail in the next section is not recommended. Where there are no alternative options to the one discussed in the next section, for example because the report is essentially for information rather than decision, this section should be deleted].

 

Grant Natural England permission to create a new pond elsewhere on the Cobtree Estate

 

3.2     While this would achieve the outcome of providing additional pond capacity, Natural England have identified the Forstal Field as the preferred site for the new pond.  Creating it on the Forstal Field will maximise the quality and suitability of pond available as habitat.  This is not the preferred option.

 

 

Grant Natural England permission to create a new pond on the Forstal Field

 

3.3     This would maximise the quality and suitability of habitat for great crested newts available on the Cobtree Estate, which will ensure biodiversity and environmental sustainability are continually respected.  This is the recommended option.

 

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

 

4.1     [Describe the option being recommended in detail, clarifying what will be involved and what outcomes are expected. This section should also explain why this is the best of the options considered in the previous section]. The preferred option is for Natural England to fund and create a new pond of approximately 200 square metres on the Forstal Field.  The new pond will improve the habitat and biodiversity of the park, to support local new populations.  It can also be a receptor site for newts that are displaced from neighbouring areas.

 

Un-numbered subheadingsTimeline

 

4.2     [This section can be broken up by using un‑numbered subheadings]. The timeline for the pond creation is fairly tight, with works needing to be invoiced for before 20 March 2020.  To maximise the available time the Leisure Manager has already held several conversations and meetings with representatives from Medway Valley Countryside Partnership, who will be leading the work on behalf of Natural England.

 

4.3     Because of the tight timeline it is also recommended (recommendation 2) that the Leisure Manager provides the Committee Chair regular updates on the work until its completion.

 

Planning

 

4.4     Besides the early meetings with Medway Valley Countryside Partnership the Leisure Manager has also discussed the planning requirements of this project with planning officers to ensure that works can progress in line with planning regulations.

 

 

5.       RISK

5.1    Assess if within the council’s risk appetite and any mitigating actions proposed if needed.The risks associated with this proposal, including the risks if the Council does not act as recommended, have been considered in line with the Council’s Risk Management Framework.  That consideration is shown in this report at paragraphs 2.8 and 3.2.  We are satisfied that the risks associated are within the Council’s risk appetite and will be managed as per the Policy.

 

 

3.1        The purpose of the risk section of the report is to understand the risks to the council of the options that members are considering, including the risk of not taking action, and assess them against the council’s risk appetite. For more detailed guidance on how to do this see the council’s ‘Risk Appetite Statement’ and seek guidance from the Mid Kent Audit Team. The flow chart below can be used to fill in the ‘Risk Management’ section on the cross cutting implications section of the report template (PLEASE DELETE ONCE REPORT WRITTEN):

 

 

 

Standard Text A

 

Option 1 (report purely for information): This report is presented for information only and has no risk management implications.

Option 2 (update report on previous or forthcoming decision): Risks related to this matter [were/will be] detailed in the [report] [dated]. Since that report the risks identified [have not significantly changed/have changed as detailed at [paragraph]].

 

Standard Text B

 

The risks associated with this proposal, including the risks if the Council does not act as recommended, have been considered in line with the Council’s Risk Management Framework. [That consideration is shown in this report at [paragraph]].  We are satisfied that the risks associated are within the Council’s risk appetite and will be managed as per the Policy.

 

Standard Text C

 

The risks associated with this proposal, including the risks if the Council does not act as recommended, have been considered in line with the Council’s Risk Management Framework.  That consideration is shown in this report at [paragraph] and identifies some risks assessed rated as “RED” or “BLACK” [provide further information if needed].  However, we are satisfied that the further responses to those risks shown at [paragraph] are sufficient to bring their impact and likelihood within acceptable levels.  We will continue to monitor these risks as per the Policy.

 

Standard Text D

 

The risks associated with this proposal, including the risks if the Council does not act as recommended, have been considered in line with the Council’s Risk Management Framework.  That consideration is shown in this report at [paragraph] and identifies some risks assessed rated as “RED” or “BLACK” [provide further information if needed].  The report details mitigation strategies for those risks at [paragraph] but they remain assessed as “High” or “Critical”.  However, we believe the opportunities outweigh the risks [because…].

 

6.       CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

 

6.1     [Summarise any consultation which has been undertaken or which is planned to inform the development of the proposal described in the previous section. Detailed consultation results should be provided in an appendix where relevant. This section can also be used to summarise viewpoints expressed in committees as the report goes through the sign-off process, where these have not been accommodated through changes to the report]. Consultation has taken place with Natural England and Medway Valley Countryside Partnership.  Those partner organisations are funding the creation of these ponds as it ensures habitats are preserved and enhanced, and biodiversity is respected in, and around, the surrounding area.

 

 

 

7.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

 

7.1     The Leisure Manager will commence the planning process with Natural England and Maidstone Borough Council. Subject to Planning decisions, [Provide a brief summary of the action which will need to be taken once the recommendations have been agreed to put them into effect, including how they will be communicated. Where the report is for information only, this section may be deleted].Natural England will then begin work on site in due course.

 

 

 

 

8.        REPORT APPENDICES

 

[The following documents are to be published with this report and form part of the report:

·            Appendix 1: [Title]

·         Appendix 2: [Title]None

 

9.        BACKGROUND PAPERS

 

 

·         None

 Delete text in italics once read: Background papers to a report are any documents which are relevant to the report and which in the opinion of the report author disclose any facts or matters on which the report is based and which were relied on in preparing the report. By law, all background papers must be published with agendas on council websites. Report authors need to be mindful of this when including such background papers, and where information is used to inform the recommendations in a report, it is better to refer to or cite this information directly within the report. Nonetheless, if there are background papers which were specifically required to produce the report, such as regulatory reports, national research or any other published information, this requirement can be met by including weblinks to the papers here.