Cabinet Executive Decisions EXECUTIVE DECISION NOTICE

Transcription

1 63 CABINET EXECUTIVE DECISION NOTICE A record of the decisions made at the meeting of the Cabinet held on Wednesday, 23 November 2016, at a.m. Present Councillors Giles Archibald (Leader of the Council and Promoting South Lakeland Portfolio Holder) (Chairman) Jonathan Brook David Fletcher Chris Hogg Sue Sanderson Graham Vincent Housing and Innovation Portfolio Holder Environment Portfolio Holder Culture and Wellbeing Portfolio Holder Deputy Leader and Council Organisation and People Portfolio Holder Economy Portfolio Holder An apology for absence was received from Councillor Peter Thornton (Finance Portfolio Holder). Also in attendance at the meeting were Shadow Executive Members Tom Harvey (Shadow Cabinet Deputy Leader (Council Organisation and People Portfolio)), John Holmes (Shadow Cabinet (Housing and Innovation Portfolio)), Janette Jenkinson (Shadow Cabinet (Economy Portfolio)), Kevin Lancaster (Shadow Cabinet (Finance Portfolio)) and David Williams (Shadow Cabinet (Culture and Wellbeing Portfolio)). Apologies for absence were received from Shadow Executive Members James Airey (Shadow Cabinet (Environment Portfolio)) and Ben Berry (Shadow Cabinet Leader (Promoting South Lakeland Portfolio)). Officers Simon Blyth Inge Booth Lawrence Conway John Davies Michael Fisher Julie Jackson Damian Law Shelagh McGregor Alastair McNeill Peter Notley Simon Reynolds Helen Smith Debbie Storr David Sykes Lyndsey Williams Principal Partnerships and Communities Officer Senior Committee Services Officer Chief Executive Performance and Risk Officer Revenues and Benefits Services Manager Principal Housing Strategy Officer Principal Development Plans Officer Assistant Director Resources (Section 151 Officer) Development Plans Manager Chief Accountant Communications and Customer Services Manager Financial Services Manager Director of Policy and Resources (Monitoring Officer) Director People and Places Benefits Manager

2 64 CEX/77 CABINET EXECUTIVE DECISIONS RESOLVED That the Chairman be authorised to sign, as a correct record, the Executive Decisions made by Cabinet on 26 October CEX/78 DELEGATED EXECUTIVE DECISIONS RESOLVED That the Delegated Executive Decisions made by Portfolio Holders or Officers on 13 and 27 October 2016 be received. CEX/79 DISCRETIONARY RATE RELIEF SUB-COMMITTEE RESOLVED That the Executive Decisions made by the Discretionary Rate Relief Sub-Committee on 26 October 2016 be received and the Chairman of the Sub-Committee sign as a correct record. CEX/80 DECLARATIONS OF INTEREST RESOLVED That it be noted that no declarations of interest were raised. CEX/81 LOCAL GOVERNMENT ACT EXCLUDED ITEMS RESOLVED That it be noted that there are no excluded items on the Agenda. CEX/82 PUBLIC PARTICIPATION RESOLVED That it be noted that no questions, representations, deputations or petitions have been received in respect of this meeting. CEX/83 FORWARD PLAN Copies of the latest draft Forward Plan had been circulated prior to the meeting. RESOLVED That the contents of the latest draft Forward Plan as at 23 November 2016 be noted. CEX/84 COUNCIL PLAN PERFORMANCE MONITORING QUARTER /17 Summary The Council Organisation and People Portfolio Holder presented an update report on progress with the Council Plan for Quarter 2 of 2016/17. Monitoring the success of the Council Plan through scorecards informed of improvements and ensured that Council services addressed the needs of residents in an open and transparent way. The Council was committed to delivering high quality, cost-effective services that met the needs of residents and improved quality of life. To help achieve those goals, performance was measured regularly. The performance management process helped the Council to demonstrate how well it was doing. The report also included the Strategic Risk Register.

3 65 The Portfolio Holder provided a summary of the review of indicators used to report the measures of success scorecards against the ambitions set out in the Council Plan. She highlighted in particular the fact that it was estimated that the Council was on target to achieve 1,000 new jobs and deliver 1,000 new affordable homes for rent in the area by It was raised that whilst the report included figures relating to job creation, no information was provided regarding jobs lost. Members were advised that the Council concentrated on job creation, as it could have little influence on national or international trends or policies which may lead to job losses. The Performance Monitoring Data was, however, being examined to see where information could be refined. With regard to a query relating to the high level of sickness absence within the Council, Members were informed that this related mostly to long term absences. Sickness absence was constantly monitored by Management and the long term absences had impacted on the overall figures. Members were reminded that the Performance Sub-Committee played a key part in monitoring performance data. Decision RESOLVED That the following be noted:- (1) the Council Plan Priority Scorecards, as detailed in Appendix 2 to the Report; (2) the details as presented in the Strategic Risk Register in Appendix 1 to the Report; and (3) that there were no recommendations made by the Performance Sub- Committee for this quarter. Reasons for Decision The report is directly linked to the Council Plan commitment to ensure that the Council is equipped to provide the best, most cost-effective services. Details regarding performance monitoring are published in line with the Council s latest Performance Management Framework. Alternative Options Considered and Rejected None the purpose of the report is to receive a performance update. Council must note successes, monitor progress and take action where appropriate. CEX/85 REVIEW OF THE LOCAL COUNCIL TAX REDUCTION SCHEME (BUDGET AND POLICY FRAMEWORK DECISION) Summary In the absence of the Finance Portfolio Holder, the Economy Portfolio Holder reported that, on 1 April 2013 the national Council Tax Benefit Scheme had been abolished and replaced with a locally determined scheme known as the Local Council Tax Reduction Scheme. South Lakeland District Council had introduced a scheme that mirrored the previous national scheme, which meant that nobody was worse off under the Local Scheme and that the most vulnerable people in the district were protected from any reductions in support.

4 66 The Local Government Finance Act 2012 required local authorities to approve their Council Tax Reduction Scheme on an annual basis, by 31 January, for the following financial year. After considering options for change, including the additional income, costs and risks associated with any changes, it was expected that the current scheme would continue unchanged for the financial year 2017/2018. This was with the exception of applying the annual upratings aligned to other means tested benefit schemes as set out within the recommendations in the report. In consultation with the other precepting bodies, no major changes had been made with regard to the Council s existing scheme. Any major changes would mean a full consultation exercise would have to be undertaken. At its meeting on 1 June 2016 (Minute CEX/12) Cabinet had resolved not to undertake consultation for the 2017/18 Scheme. The Council s scheme would not reflect the changes announced in the Government Budgets of July 2015 or March 2016, namely:- removal of Family Premium for new claims; reduction of backdating period from six months to one month; freezing of applicable amounts within Housing Benefit until 2020/21; withdrawal of Council tax Reduction where a person leaves the UK for four weeks or more; Universal Credit Carer element affecting Severe Disability Premium; limiting the number of dependants additions to a maximum of two (this would apply to all Housing Benefit cases with effect from 1 April 2017); removal of the Employment and Support Allowance Work Related Activity Component; and phasing in of European migrants access to benefits. The implications and the impact of these changes could not be determined at this time, however, they would be monitored going forward. Implementation of these national welfare proposals would result in a requirement to undertake a full consultation process, as both would be classed as significant changes to the Council s existing scheme. Decision RESOLVED That Council be recommended that the current Local Council Tax Reduction Scheme is the most appropriate scheme for this Council for the financial year commencing 1 April 2017, subject to the Assistant Director Resources (Section 151 Officer), in consultation with the Finance Portfolio Holder, being authorised to:- (1) make all necessary updates to this Council s Council Tax Reduction Scheme to comply with any statutory requirements that may be issued by Central Government; (2) make all necessary amendments to the Council s Council Tax Reduction Scheme to uprate the allowances and premiums in accordance with the Revised Housing Benefit Circular when it is issued in December 2016/January 2017 by the Department of Work and Pensions; and (3) publish the updated Scheme in accordance with the Local Government Finance Act 2012.

5 67 Reasons for Decision To assist in the delivery of the Council s vision to make South Lakeland the best place to live, work and explore. Several Welfare Reform changes have already been implemented, including the abolition of the Council Tax Benefit Scheme and introduction of its replacement, the Local Council Tax Reduction Scheme. The Council has provided a large amount of information about the ways the changes will affect individuals and worked closely with its social landlords to try as far as possible to reduce the impact on vulnerable people. The Council will continue to monitor the impact of these changes. Alternative Options Considered and Rejected There are numerous ways in which the current Local Council Tax Reduction Scheme could be changed. These were fully examined as part of the Overview and Scrutiny Review and were considered as part of the decision-making process in approving the current Scheme for 2015/16. No further examination has taken place since this Review. CEX/ /18 TO 2021/22 DRAFT BUDGET Summary On behalf of the Finance Portfolio Holder, the Leader presented a first draft Budget for 2017/18 to 2021/22. Once approved by Council on 15 December, consultation would commence on the draft Budget and the outcome of this would be presented to Cabinet in January 2017 prior to final recommendations being made to Council in February The report to Council in December would reflect announcements made by the Government as part of the Autumn Statement, the contents of which would be known later in the day. The finance settlement, including the impact of any four year settlement agreement and adjustments to business rates multiplier and tariff, would be reflected in the final budget proposals to be presented to Cabinet and Council in February. The Government had already announced changes to the business rates funding system for The 50% central share of business rates retained by the Government would be abolished along with the levy, but the system of tariffs, top-ups and safety nets would continue. As the proposals were to be fiscally neutral, it was expected that other grants would be cut and that local government would be given additional duties to offset the additional income from business rates. These developments would be monitored and fed into the Medium Term Financial Plan as the details were clarified. The Leader referred to plans for addressing the potential deficit in future years through the Customer Connect Programme. He added that, although these were difficult financial times, through prudent management, the Council was still able to go beyond its statutory responsibilities. Discussion took place on the fixed term budget growth bids set out at Appendix 3 to the report and the relevant Portfolio Holders provided details in relation to those bids which fell within their individual remit.

6 68 Reference was made to the success of the recent Income Generation Workshop. The Leader advised that the Assistant Director Neighbourhood Services would be presenting to the Overview and Scrutiny Committee a summary of those suggestions which would be appropriate to pursue. The Financial Services Manager clarified that there was budgeted to be a net transfer from reserves of 1.8m at the end of this financial year. Decision RESOLVED That (1) the proposals contained within the report to achieve a balanced budget in 2017/18 be put forward to Council; (2) the projected deficit position of circa 1.2m in 2018/19 rising to circa 1.4m by 2021/22 and the proposals being developed to reduce this, including 850,000 from the Customer Connect Programme be noted; and (3) Council be requested to approve the amended Capital Programme, as presented in Appendix 5 to the report. Reasons for Decision The report sets out a first draft budget that provides resources to implement the Council Plan. Setting a sound framework for budget preparation assists in the delivery of all corporate outcomes. This strategy has been developed within the context of the Medium Term Financial Plan. Alternative Options Considered and Rejected The report presents options in relation to potential budget pressures and savings, new Capital Programme bids, one-off revenue growth bids and fees and charges. The proposals together meet the Council s statutory duty to set a balanced budget for 2017/18. An alternative option would be to reject some of the proposals; this would then require further work to ensure a balanced budget was set. CEX/87 STRATEGIC PUBLIC CONVENIENCES - FUNDING CONTRIBUTIONS (KEY DECISION) Summary In 2010, following a review of the public conveniences service, Cabinet had agreed that the Council would commit to retaining ten strategic conveniences, fund a community toilet scheme and offer the remaining public conveniences to interested parish councils or community organisations for them to operate. In 2011, Cabinet agreed that other options be investigated for the management of the retained strategic conveniences. As a result, funding agreements had been reached with the respective parish and town councils for their management of the strategic conveniences. In 2013, a post-project review of the changes to the public conveniences provision had been undertaken.

7 69 The Leader and Promoting South Lakeland Portfolio Holder reported that, due to a number of the funding agreements coming to an end on 31 March 2017, a review had been undertaken to consider the future funding requirements and arrangements for the future provision of the strategic conveniences covered by the existing agreements. Existing funding agreements were for the provision of the following eight strategic public conveniences:- Grange Town Council Ornamental Gardens Ulverston Town Council The Gill Windermere Town Council Bowness Bay, Rayrigg Road and Broad Street Kirkby Lonsdale Town Council Devils Bridge Arnside Parish Council Promenade, including Disabled Toilet There was no change proposed with the Milnthorpe Parish Council agreement, as their current agreement did not end until 31 March The original ten strategic conveniences had included two in the Lakes Parish. These agreements had been superseded by the White Platts Agreement through which Lakes Parish Council use part of the generated revenue to fund the provision of the two strategic conveniences. The review had been conducted in line with the following principles:- that the respective parish and town councils are encouraged to continue to provide and manage the strategic conveniences ; the Council s financial support should aim to fund the deficit of the operational costs once the coin revenue has been included and should enable an operating surplus to be made to enable future reinvestment by the parish/town councils; in the longer term, the Council would wish to explore whether the ownership of the strategic conveniences could be wholly transferred to parish/town councils. As part of this, a tapering of financial support could be considered, being replaced by local raising of funds. This to be tested through discussion with parish/town councils; future major capital reinvestment could be eligible for grant aid through the Locally Important Projects fund; parish/town councils to be encouraged to review their approach to charging to ensure appropriate levels of fees continue to be charged. future modernisation of conveniences should take into account enhanced payment and collection methods; and to aid transition to the new funding, the funding levels in year 1 reflect a similar scale of funding to the existing, tapering down over the period of the agreement. The new funding contribution agreements would continue to be specific to the strategic convenience provision, to ensure a precise and transparent arrangement where the funding of the strategic conveniences was differentiated from the respective parish/town council s operation of other conveniences.

8 70 Following discussion with the respective parish/town councils regarding their current operations and costs, and in accordance with the principles outlined above, officers were recommending the annual funding contributions as detailed in the table below. It should be noted that there was not a direct correlation between the number of conveniences operated and the funding amounts proposed as each had a variance in net operating costs, dependent upon use and charging. Summary of existing budget and proposed future budget requirement:- Parish/Town Council Conveniences 17/18 18/19 19/20 20/21 21/22 Grange Ornamental Gardens 15k 12k 10k 8k 7k Ulverston The Gill 12.5k 10k 8k 8k 6k Kirkby Lonsdale Devils Bridge 10k 8k 7k 5k 5k Arnside Promenade 8k 7k 7k 6k 5k Windermere Bowness Bay Rayrigg Road 10k 8k 7k 6k 5k Broad Street Milnthorpe 10k 10k 10k* 10k* 10k* Total funding proposed 65.5k 55k 49k 43k 38k Existing expenditure budget 68.5k 68.5k 68.5k 68.5k 68.5k Savings realised 3k 13.5k 19.5k 25.5k 30.5k Total savings over 5 years 92k * The existing agreement with Milnthorpe was to be reviewed in 2018/19. Through discussion, the parish and town councils had expressed their ambition to improve the provision of the public convenience network, either through exploring community toilet type provision, improving the accessibility of conveniences or addressing the sustainability of providing conveniences, with support to replacement items, such as more durable doors. The examples which were given related to conveniences operated by the parish/town council in addition to the strategic conveniences. Whilst the provision of revenue funding was solely for the strategic conveniences, these other initiatives might constitute valuable local projects, be associated with the parish/town council s overall operation of conveniences and their development of locally run services. In some circumstances they could assist the provider in reducing their requirement for funding support over time and assist with the negotiation and agreement of the figures presented in the table above. Projects of this type might be eligible for funding through the Locally Important Projects (LIPS) fund. There were currently unallocated funds in the 2016/17 LIPS fund. To assist with the conclusion of the revenue funding contribution agreements, it was recommended that Cabinet approve, in principle, the use of uncommitted LIPS funds should applications be received for these projects. The details of the project proposals needed to be worked up and evaluated. It was further recommended that, for these proposals, the Director People and Places be authorised to consider and agree funding contributions, in consultation with the Assistant Director (Resources), Leader and Housing and Innovation Portfolio Holder. There was to be a launch of the 2017/18 LIPS fund which would enable other communities and organisations which provided public conveniences to apply for funds to support projects they might have.

9 71 The Leader thanked all involved for working together to come to this solution. The Culture and Wellbeing Portfolio in turn thanked the Leader for his involvement and pointed out that the funding contributions were possible due to the fact that the Council was well managed financially. Members expressed strong support and thanks for the continued funding for five years. Decision RESOLVED That (1) the financial contributions proposed for each of the parish/town councils, as set out in the report and shown above, be approved; (2) the Director People and Places be delegated authority to negotiate and approve the necessary five-year funding and leasehold agreements between the Council and the respective parish or town councils; and (3) approval be given in principle to the use of 2016/17 uncommitted monies in the Locally Important Projects fund to facilitate convenience projects identified by the respective town and parish councils, with the Director People and Places being authorised to consider and agree any grants in consultation with the Assistant Director (Resources), Leader and the Housing and Innovation Portfolio Holder. Reasons for Decision The decision links to the following Council Plan priorities:- Economy - we are committed to furthering the localism agenda, empowering local communities to improve and where there is an appetite and sound rationale, we will seek opportunities to devolve services and transfer or sell local assets to town and parish councils and community groups. Environment - we will work with local communities to improve and manage the public realm and make best use of and care for our parks and open spaces. By maintaining the provision of public conveniences, we are promoting health and wellbeing within the district. Alternative Options Considered and Rejected To continue funding at the current level for another five-year funding agreement. This is not recommended as income levels were not known at the time, reducing the net costs of the management of the strategic conveniences. To stop funding altogether. This is not recommended as there is a risk that the strategic conveniences would be handed back, with the Council facing a further decision on their operation. A reduction of (e.g.) 50% is taken across the board. Again, not recommended as this approach does not reflect the variations in net costs of providing the conveniences and as above as there would be the risk for some town/parish councils to retain the management of the public conveniences and some to hand back to South Lakeland District Council. Therefore there would not be a consistent approach to the ongoing delivery of the public conveniences in the district.

10 72 CEX/88 PHASE 2 DEVELOPMENT BRIEFS AT: WEST OF HIGH SPARROWMIRE, KENDAL; NORTH OF LAUREL GARDENS, KENDAL; SOUTH OF ALLITHWAITE ROAD, KENTS BANK, GRANGE-OVER-SANDS (KEY DECISION) Summary Consideration was given to the adoption of three Development Briefs:- West of High Sparrowmire, Kendal; North of Laurel Gardens, Kendal; and South of Allithwaite Road, Kents Bank, Grange-over-Sands. The Housing and Innovation Portfolio Holder reported that, following on from the adoption of eight Development Briefs in 2015, the Council had now prepared three more Development Briefs for the sites listed above. These briefs had been informed by the outcome of early engagement and public consultation. Development Briefs were documents that provided site specific planning guidance on large, complex or sensitive sites and were used as guidance for considering planning applications and, once adopted, had the status of Supplementary Planning Documents. An overarching draft vision had been prepared for each site, and this had been used to inform and shape the development framework for each site. Each brief explored a range of constraints and opportunities that should be used to shape future development, and included a range of requirements, principles and guidance. Each brief also included an implementation section outlining who would deliver the brief and looked at possible infrastructure requirements and means of delivery with reference to the role of the planning application process. The Portfolio Holder drew particular attention to the fact that flooding mitigation and sustainable drainage systems had been addressed within the documents. He thanked the officers involved in the process, particularly the Development Plans Manager, the Principal Development Plans Officer and their Team. Decision RESOLVED That (1) each of the three Development Briefs (for the allocated sites listed below) attached at Appendix 1 to the report be adopted as Supplementary Planning Documents:- West of High Sparrowmire, Kendal North of Laurel Gardens, Kendal South of Allithwaite Road, Kents Bank, Grange-over-Sands; and (2) officers be authorised, in consultation with the Portfolio Holder, to make minor presentational and non-substantive changes to the Development Briefs (Appendix 1) prior to publication.

11 73 Reasons for Decision The production of the Development Brief for the sites referred to will assist in the delivery of the Council s long term ambitions for delivering housing and economic development. It is therefore significant for the delivery of the (2016 Update) Council Plan. In terms of housing, the Development Briefs will assist in facilitating delivery of 1,000 affordable homes to rent over the period and enable new affordable housing and open market housing through private sector led developments within Kendal and Grange-over-Sands. In terms of economy, the Briefs will assist in facilitating achieving inward investment enabling the creation of 1,000 new jobs in South Lakeland by 2025 aiding the delivery of new employment development in Grange-over-Sands. They will support the local economy by enabling sustainable development to take place within Kendal and Grange-over-Sands. In terms of environment, through the implementation of Development Briefs, the highest standard for new development will be encouraged, demonstrating quality and sustainability in their preparation, planning and operation. Application of the policy framework, draft briefs and Development Management, can work to deliver development resilient to climate change. In terms of health and reducing health inequalities, the Briefs will facilitate the creation of new green spaces and green networks that will support the health and well-being of new prospective residents and existing residents of Kendal, Grange-over-Sands and surrounding areas. The Briefs will facilitate promotion of active travel, as they include a requirement for new development to provide safe cycle and walking access and routes to surrounding areas. Approval of the proposal will contribute further to the delivery of the South Lakeland Local Plan. It will result in the Council being able to apply guidance that has material planning consideration status when determining planning applications on the sites. The outcome will support the aim for improved quality development on the sites. Alternative Options Considered and Rejected Do Not Proceed with Adoption Option - Cabinet could decide not to approve the adoption of the Development Briefs. This would prevent the completion of preparation of the Briefs and result in delay to the delivery of the Local Plan. Delay Adoption Option - Cabinet could decide to delay the decision to adopt. A delay would reduce the Council s capacity to produce the Briefs to a satisfactory timetable in terms of delivery of the Local Plan and may require the need for further engagement with key bodies. CEX/89 CUMBRIA CHOICE ALLOCATIONS POLICY REVIEW (BUDGET AND POLICY FRAMEWORK DECISION) Summary The Housing and Innovation Portfolio Holder reported that all local housing authorities were required to have an allocation scheme for determining priorities and procedures for the allocation of social housing in the authority area (regardless of whether the authority had its own housing stock). South Lakeland was part of the Cumbria Choice partnership, comprising the six housing authorities in Cumbria and eight housing associations. Operation of the Cumbria Choice Allocation Policy had begun in May 2011 and it had now been operational for a period of five years.

12 74 Following a general review of the Partnership in 2014, where customer feedback had been very positive, the Cumbria Choice Board had agreed in 2015 to review the Policy itself, with a view to the Review being completed in 2016 to ensure that it took account of recent changes to the Law and to take account of Statutory Guidance. The last comprehensive review of the Allocation Policy had been undertaken in The stated aims of the Policy included:- to provide access to social housing in Cumbria through a system that provided choice and was considered fair, transparent and accountable; make best use of available housing stock; and provide a lettings service that was open to all individuals and provided support to more vulnerable customers where required. The review had taken all the views of partners into account, considered statistical information regarding allocations and registrations to inform the areas that required review, taken into account the views of other stakeholders who worked with people with housing needs and customer views and commissioned independent advice on the current Policy and the Equality Impact Assessment and Accessibility Policy. Following on from the consultation outlined within the report, there were a number of changes required which were summarised in Appendix 1 and shown in red at Appendix 2 to the report. The changes were to satisfy legislative change, reduce any ambiguities in the operation of the Policy so it is applied consistently and fairly, and to ensure clarity. Changes were, therefore, not substantial and did not materially alter the Policy. Members requested that the changes, whether additions or deletions to the existing policy, be shown in the draft documents. The Portfolio Holder extended thanks to those officers involved and in particular to the Principal Housing Strategy Officer. Decision RESOLVED That Council be recommended to approve the draft Cumbria Choice Allocations Policy. Reasons for Decision The proposed amendments to the Policy will assist the Council in meetings its priority to provide Homes to Meet Need. Approval of the Cumbria Choice Allocations Policy will ensure that there is greater clarity for households in South Lakeland who are currently registered for social housing or who may register in the future. The proposed Policy will help to ensure that there is a consistent and fair approach amongst registered providers in letting homes in South Lakeland to meet the greatest housing needs. The revisions will meet legislative changes relating to the Right to Move and regulations concerning Armed Forces.

13 75 Alternative Options Considered and Rejected Not to recommend approval of the amended Policy or request many additional or substantive changes. This is not recommended, as the updates recommended will provide a clearer Policy and one which is responding to legislative changes outlined in 3.2 of this report. If substantial changes are to be considered by the Project Board, then this could significantly delay the implementation of the revised Policy, which could then risk legal challenge by not responding to the legislative change outlined in 3.2 and 7.6. The meeting ended at a.m.