Decision

The Cabinet has decided to uphold the original decision to proceed with nine leases for public conveniences, despite objections raised for specific locations.

Analysis

outcome: The original decision to proceed with nine leases was upheld, with leases for public conveniences in Sedlescombe, Sidley, and Winchelsea Beach not being taken forward.

summary: The decision at stake was the approval of leases to 12 businesses for public conveniences, with objections raised for two specific locations.

topline: The Cabinet has decided to uphold the original decision to proceed with nine leases for public conveniences, despite objections raised for specific locations.

reason_contentious: This issue was contentious due to objections raised by local stakeholders, resulting in businesses withdrawing from the process.

affected_stakeholders: ["Local businesses", "Parish and Town Councils"]

contentiousness_score: 7

political_party_relevance: There are no direct mentions or implications of political parties influencing the decision.

URL: https://rother.moderngov.co.uk/ieDecisionDetails.aspx?ID=1831

Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: No

Purpose: To consider the referral from full Council in respect of this matter that has been subject to the call-in procedure and to determine the final decision.

Content: The original decision of Cabinet to approve leases to 12 businesses taken on 16 June 2025 with commitments to provide public conveniences, had been subject to the Overview and Scrutiny Committee (OSC) call-in procedure in relation to the two public conveniences at Sedlescombe and Winchelsea Beach.   The OSC considered the matter on 7 July 2025 and referred the matter to full Council that met on 14 July 2025.  At the full Council meeting, Council objected to the decision and referred the matter back to Cabinet for reconsideration.  The following resolution was approved by full Council:   “That Council refer this matter back to Cabinet so that the two public conveniences can be considered noting that this Council suggests to Cabinet that the Sedlescombe and Winchelsea Beach Public Conveniences be removed from their previous decision made on 16 June 2025.”      The Monitoring Officer advised that since the full Council meeting, it had been confirmed that the decision taken by Cabinet on 16 June 2025 was not contrary to the Council’s Policy Framework, and Cabinet was entitled to consider the objection and issues raised by full Council and either reconfirm the original decision or make any further decision.   It was also confirmed that since the full Council meeting, both the Nail Bar and the Sauna businesses had withdrawn from the process, due in large part by the local campaigns that had been in opposition to their proposed businesses.    Cabinet was disappointed that both businesses had felt compelled to withdraw from the process; these were independent local entrepreneurs who were prepared to invest significant private funds to not only establish their businesses, but also to restore and reopen public toilets at no cost to the taxpayer.  Cabinet wished it to be recorded that the Council did all that it could to support and encourage local businesses.       It was therefore agreed that the original decision to proceed with nine leases would continue and that the three in relation to Sedlescombe, Winchelsea Beach and Sidley (the same Nail Bar company as Sedlescombe) would not.  It was noted that the relevant Parish and Town Councils could now submit expressions of interest to acquire these public conveniences, and proposals would be considered under the terms of the Asset Disposal Policy and be subject to a future Cabinet decision.   It was further clarified that the opportunity for businesses to submit expressions of interest for public convenience buildings had now closed.  This had been a standalone exercise, although other assets might be marketed in the future.         RESOLVED: That having noted Cabinet’s decision of the 16 June 2025 was not contrary to the Council’s Policy Framework and given the change in circumstance, only nine leases in regard to public conveniences would be taken forward for disposal, the businesses as set out in the original report to Cabinet on 16 June 2025, excluding Sedlescombe, Sidley and Winchelsea Beach.   (Councillor Barnes declared an Other Registerable Interest as Vice-Chair of Etchingham Parish Council, and in accordance with the Members’ Code of Conduct remained in the meeting for the consideration thereof.)   (Councillor Byrne declared an Other Registerable Interest as a Member of Bexhill-on-Sea Town Council, and in accordance with the Members’ Code of Conduct remained in the meeting for the consideration thereof.)   (Councillor Coupar declared an Other Registerable Interest as a Member of Sedlescombe Parish Council, and in accordance with the Members’ Code of Conduct remained in the meeting for the consideration thereof.)

Date of Decision: July 21, 2025