Agenda and minutes

To receive any apologies for absence from Councillors.

Apologies for absence were received from Councillors A Filer, D d’Orton-Gibson, J Bagwell, J Butt, R Maidment, K Rampton, J Richardson and L Williams.

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

Councillors H Allen and P Hilliard declared an interest in Minute No. 96 (Disposal of Land at Wessex Fields, Riverside Avenue) and left the room for the discussion and voting thereon.

Councillor S Moore declared an interest in Minute No. 97 (SEND Programme of Expansion – Canford Heath Infant and Junior Schools) and remained present for the discussion and voting thereon.

To confirm and sign as a correct record the minutes of the Meeting held on 20 February 2024, reconvened on 27 February 2024.

The Minutes of the meeting held on 20 February 2024, reconvened on 27 February 2024 were confirmed as a correct record.

To receive any announcements from the Chairman.

The Chairman updated Council on her activities since the last meeting.

These included attendance at: -

• Ukrainian community sisterhood stories
• Welcoming of delegates to a conference on computing
• Youth parliament awards
• High Sheriff awards
• BCP International Womens Day event
• Opened of the Annual Surgical Conference
• Re-opening of Christchurch Town Hall
• Opened Growth Hub Expo
• Soroptomist STEM challenge awards
• Poole Hospital Covid time capsule service
• Welcoming Oddfellows to Bournemouth for conference (3^rd year they have chosen Bournemouth)
• Funeral of Paul Rowsell

To receive any public questions, statements or petitions submitted in accordance with the Constitution. Further information on the requirements for submitting these is available to view at the following link: -

https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

The deadline for the submission of public questions is mid-day on Wednesday 17 April 2024 [mid-day 3 clear working days before the meeting].

The deadline for the submission of a statement is mid-day on Monday 22 April 2024 [mid-day the working day before the meeting].

The deadline for the submission of a petition is Tuesday 9 April 2024 [10 working days before the meeting].

The public questions and statements set out in the minutes below are printed as per the wording used within the submissions made in accordance with the constitution.

Public Question from Philip Gatrell (Read out by the Chief Executive)

REGARDING THE ADMINISTRATION’S COMMITMENT TO SCRUTINY AND ACCOUNTABILITY: Two public statements at the Council’s meeting on 20 February 2024 profile increasing complaint decisions by the Local Government and Social Care Ombudsman against the Council and - contrary to Sections 5 and 5A of the cited “1989 Act” - internal failure to report those decisions to Members.

A public statement at the Audit and Governance meeting on 11 April 2024 underscores this concern by explanatory précis of the correct statutory obligations for incorporation in the Constitution.

Ombudsman decisions regarding maladministration and service failures include children’s and adults’ care, planning, the environment and Members’ conduct. They reflect Council performance and are relevant to not only directly affected Members and committees but also every Councillor’s awareness.

Ombudsman decisions currently average six monthly. Following the Monitoring Officer’s obligatory notification of decisions to all Members, will the Leader ensure the Council’s or Cabinet’s actions including under Subsections S5(5) or S5A(9)?

Response by the Leader of the Council and Portfolio Holder for Dynmic Places, Councillor Vikki Slade

I would like to thank Mr Gattrell for his question.

The Council's responses to LGSCO decisions are appropriately addressed in a number of ways and according to the Local Government and Housing Act 1989.  This includes through the Audit and Governance committee, and I would refer Mr Gattrell in particular to the January meeting of this committee where the updated Assurance Review Framework was debated and approved by the Council.

The Monitoring Officer has reviewed this and is of the professional opinion that these do not trigger the statutory reporting requirements under the Local Government and Housing Act 1989.

Public Question from Philip Stanley Watts

In the light of the threat of flooding and implications of climate change.

Could the cabinet member tell me BCP councils response and need for proper flood defences.

Response by the Portfolio Holder for Climate Response, Environment and Energy, Councillor Andy Hadley

Thank you for your question.

The Councils response to climate mitigation was summarised in the annual climate report that came to Cabinet in March, this continues to be developed but it also needs individuals, companies and other organisations across the BCP area as elsewhere to recognise the issue and to take action.

Our Flooding and Coastal Erosion Risk Management Team has been developed over recent years and is held in high regard across the region, they are dedicated to bidding for funds and implementing measures to protect our communities and the current work on Hengistbury Head long groyne and the replacement of a number of wooden groynes on the seafront and the maintenance of drains in the cliff face are all part of that work.

Sea defences around the West Quay of Poole are also currently being designed along with a Hundred Year Plan  ...  view the full minutes text for item 92.

RECOMMENDED that a dedicated budget is included in the Local Transport Plan (LTP) Capital programme for 2024/25 financial year to recommence delivery of 20mph speed limits on a neighbourhood basis with a focus on residential roads and this is continued into future years subject to the availability of capital funding.

The Portfolio Holder for Connected Communities presented the report on the Our People and Communities 20mph Options Appraisal and outlined the recommendations as set out on the agenda.

Due to a disturbance from members of the public the meeting was adjourned at 19:39 and reconvened at 19:50 to enable to public gallery to be cleared.

Following the recommencement of the meeting comprehensive discussion took place with the following aspects being raised: -

·        Concern was expressed with regards to the lack of public consultation

·        Council was advised that there was considerable public opinion against this

·        The importance of a cohesive and collaborative approach was highlighted.

Councillor Philip Broadhead proposed an amendment to the recommendation which was seconded by Councillor Cameron Adams and sought to remove wording so the recommendation read as follows: -

(a)          that a dedicated budget is included in the Local Transport Plan (LTP) Capital programme for 2024/25 financial year to recommence delivery of 20mph speed limits on a neighbourhood basis with a focus on residential roads and this is continued into future years subject to the availability of capital funding.

Council debated the amendment following which the proposed amendment fell with voting: For:13, Against:49, Abstentions:4

Councillors Bobbie Dove and Duane Farr requested that their votes for the amendment be recorded.

Members then proceeded to debate the original recommendation as set out on the agenda where discussion focused around the need for consultation and of the limits being placed in specific residential areas particularly around schools and where residents are supportive of them.

A recorded vote was requested but was not supported by the required number of councillors, the request therefore fell.

RESOLVED that: -

(a)           a dedicated budget is included in the Local Transport Plan (LTP) Capital programme for 2024/25 financial year to recommence delivery of 20mph speed limits on a neighbourhood basis with a focus on residential roads and this is continued into future years subject to the availability of capital funding.

Note – resolutions (b) and (c) were resolved matters by the Cabinet.

Voting: For:41, Against:12, Abstentions:14

Councillors Cameron Adams, John Beesley, Bobbie Dove and Duane Farr requested that their votes against the item be recorded.

RECOMMENDED that:-

(a)        Council approves the 2024/25 LTP Capital Programme as set out in Appendix A and delegates the delivery to the Director of Infrastructure in consultation with the Portfolio Holder for Dynamic Places;

(b)       Council approves the indicative 2025/26 and 2026/27 Highways Maintenance Programmes as set out in Appendix B to the submitted report.

The Portfolio Holder for Climate Response, Environment and Energy, Councillor Andy Hadley presented the report on the LTP Capital Programme 2024/25 and outlined the recommendations as set out on the agenda.

RESOLVED that: -

(a)           Council approves the 2024/25 LTP Capital Programme as set out in Appendix A and delegates the delivery to the Director of Infrastructure in consultation with the Portfolio Holder for Dynamic Places; and

(b)           Council approves the indicative 2025/26 and 2026/27 Highways Maintenance Programmes as set out in Appendix B

Voting: For 54, Against: 4, Abstentions: 8

RECOMMENDED that that the Financial Regulations as shown in Appendix A (with the updated amendment to Paragraph 16 in Part G) be approved for adoption, with the operational ‘go live’ date being 24 April 2024.

Paragraph 16 in Part G to be amended to read “All procurement processes of any value covered by The Health Care Services (Provider Selection Regime) Regulations 2023 must be agreed with and run by the SPT.”.

The Chairman of the Audit and Governance Committee, Councillor Marcus Andrews, presented the report on the financial regulations and outlined the recommendations as set out on the agenda.

RESOLVED that that the Financial Regulations as shown in Appendix A (with the updated amendment to Paragraph 16 in Part G) be approved for adoption, with the operational ‘go live’ date being 24 April 2024.

Voting: Unanimous

PLEASE NOTE: Should the Council wish to discuss the detail of Appendices 1, 2, 3, 5, 6 or 7 it will be necessary to exclude the press and public and move into exempt session. If applicable, the following resolution should be moved:

“That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.”

RECOMMENDED that Council approve the disposal of the council owned land at Wessex Fields to the University Hospitals Dorset NHS Foundation Trust on such terms to be approved by the Director of Finance acting in his capacity as Corporate Property Officer, in consultation with the Portfolio Holder for Finance.

The Portfolio Holder for Finance, Councillor Mike Cox, presented the report on the disposal of land at Wessex Fields and outlined the recommendations as set out on the agenda.

In addition to the report the Portfolio Holder drew members attention to the supplementary papers which had been published in relation to this item providing members with an additional confidential briefing note.

Comprehensive discussion took place on the item before Council moved to the vote.

RESOLVED that Council approved the disposal of the council owned land at Wessex Fields to the University Hospitals Dorset NHS Foundation Trust on such terms to be approved by the Director of Finance acting in his capacity as Corporate Property Officer, in consultation with the Portfolio Holder for Finance.

Voting: Voting: For:58, Against:6

Councillor Bobbie Dove requested her vote against the recommendation be recorded.

(Councillors Hazel Allen and Paul Hilliard declared an interest in this item and left the room for the discussion and voting thereon).

PLEASE NOTE: Should the Council wish to discuss the detail of Appendix 1 it will be necessary to exclude the press and public and move into exempt session. If applicable, the following resolution should be moved:

“That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.”

RECOMMENDED that the total project budget as contained in Appendix 1 (Exempt) be approved. This will enable the scheme to progress in line with the project programme set out in paragraph 18. The project is fully funded from the Council’s high needs specialist provision capital grant allocation.

The Portfolio Holder for Children and Young People, Councillor Richard Burton, presented the report on the SEND programme of expansion and outlined the recommendations as set out on the agenda.

Council spoke in support of the recommendations set out on the agenda.

RESOLVED that the total project budget as contained in Appendix 1 (Exempt) be approved. This will enable the scheme to progress in line with the project programme set out in paragraph 18. The project is fully funded from the Council’s high needs specialist provision capital grant allocation.

Voting: Unanimous

(Councillor Sandra Moore declared an interest in this item and remained present for the discussion and voting thereon).

RECOMMENDED that:-

(a)       in relation to Issue 1 (Budget and Policy Framework Approval Procedure Rules) the proposed amendment to insert the new Procedure Rules into Part 4E of the Constitution, as set out in Appendix 1 to this report, be approved;

(b)       any necessary and consequential technical and formatting related updates and revisions to the Constitution be delegated to the Monitoring Officer.

The Chairman of the Audit and Governance Committee, Councillor Marcus Andrews, presented the report on the review of the councils constitution and outlined the recommendations as set out on the agenda.

RESOLVED that: -

(a)           in relation to Issue 1 (Budget and Policy Framework Approval Procedure Rules) the proposed amendment to insert the new Procedure Rules into Part 4E of the Constitution, as set out in Appendix 1 to this report, be approved;

(b)           any necessary and consequential technical and formatting related updates and revisions to the Constitution be delegated to the Monitoring Officer.

Voting: Unanimous

Following agreement to the draft CIL Charging Schedule at the 9 January 2024 Council meeting, further viability testing has been carried out resulting in more positive results for some areas of CIL charging. These changes could not be considered as minor and so Council is being asked to consider an updated charging schedule for public consultation. 

The Leader of the Council and Portfolio Holder for Dynamic Places, Councillor Vikki Slade presented the report on the consultation on the draft BCP Community Infrastructure Levy (CIL) Charging Schedule and outlined the recommendations as set out on the agenda.

RESOLVED that the proposed amendments to the Draft CIL Charging Schedule are approved for public consultation for a period of six weeks from April 2024.

Voting: Nem.Con (4 abstentions)

(Councillor Eleanor Connolly left the meeting at 22:15, before the vote was taken on this item)

On 6 March 2024 in the Spring Budget the Chancellor announced that the Household Support Fund (HSF) would be extended for a further six months, from 1 April 2024 to 30 September 2024, with a further £421m of funding. As has been done for previous schemes, the fund will be made available to County Councils and Unitary Authorities in England to support those most in need due to the Cost-of-Living situation.

BCP Council has been awarded an allocation of £2,653,367.04by the Department for Work and Pensions (DWP). Council is requested to formally accept the funding in line with the Council’s Financial Regulations to enable plans to be put in place to support residents.

The Deputy Leader and Portfolio Holder for Connected Communities, Councillor Millie Earl presented the report on the Acceptance of the Household Support Fund 5 and outlined the recommendations as set out on the agenda.

RESOLVED that Council accept the Household Support Fund 5 allocated to BCP Council by the Department for Work and Pension in line with the Council’s Financial Regulations.

Voting: Unanimous

Councillors Joe and Kate Salmon declared pecuniary interests in this item and left the room for the discussion and voting thereon.

(Councillors Paul Hilliard, Andy Martin, David Martin and Michael Tarling left the meeting at 22:33)

Cashless Only Council facilities

The following motion submitted in accordance with Procedure Rule 10 of the Meeting Procedure Rules has been proposed by Councillor J Salmon and seconded by Councillor K Salmon: -

1. Council resolves to:

a.      acknowledge the importance of inclusivity and recognises the diverse financial circumstances of residents, including those who may be unbanked or underbanked.

b.      commit to ensuring that all policies and provisions are designed to be inclusive and considerate of the needs of all residents, regardless of their banking status.

c.      be aware of the significance of maintaining accessibility for all residents to council facilities, regardless of their financial situation, and express a commitment to finding solutions that do not disproportionately burden those without regular access to banking services.

2. Council:

a.      instructs the relevant officers to bring a report to the Portfolio Holder for Finance that reviews the decision and impact of the implementation of cashless-only provision at council facilities that covers:

•        The implications of the cashless-only policy on residents who are currently unbanked or underbanked

•        The reduction of income due to council service users and customers taking the business elsewhere

•        The consequences of encouraging cashless spending which can be more risky for those in financial difficulty

•        The future financial savings anticipated and those already realised from the move to cashless

b.      considers reinstating the acceptance of cash at council facilities if the review indicates that the cashless-only provision disproportionately impacts residents negatively relative to the envisioned savings.

The following motion was submitted in accordance with Procedure Rule 10 of the Meeting Procedure Rules and was moved by Councillor J Salmon and seconded by Councillor K Salmon: -

1. Council resolves to:

a. acknowledge the importance of inclusivity and recognises the diverse financial circumstances of residents, including those who may be unbanked or underbanked.

b. commit to ensuring that all policies and provisions are designed to be inclusive and considerate of the needs of all residents, regardless of their banking status.

c. be aware of the significance of maintaining accessibility for all residents to council facilities, regardless of their financial situation, and express a commitment to finding solutions that do not disproportionately burden those without regular access to banking services.

2. Council:

a. instructs the relevant officers to bring a report to the Portfolio Holder for Finance that reviews the decision and impact of the implementation of cashless-only provision at council facilities that covers:

•       The implications of the cashless-only policy on residents who are currently unbanked or underbanked

•       The reduction of income due to council service users and customers taking the business elsewhere

•       The consequences of encouraging cashless spending which can be more risky for those in financial difficulty

•       The future financial savings anticipated and those already realised from the move to cashless

b. considers reinstating the acceptance of cash at council facilities if the review indicates that the cashless-only provision disproportionately impacts residents negatively relative to the envisioned savings.

Comprehensive discussion took place on the motion with Members supporting the principles of the motion, during which the following amendments were proposed to the motion: -

Councillor Patrick Canavan proposed an amendment in regard to 2a. proposing the deletion of the words ‘the Portfolio Holder for Finance’, replacing this with the words ‘to the Cabinet’, and additionally to add to the end of the first bullet point in paragraph 2a ‘and those who may require additional support’, so that the amended motion would read:-

1. Council resolves to:

a)   acknowledge the importance of inclusivity and recognises the diverse financial circumstances of residents, including those who may be unbanked or underbanked.

b)   commit to ensuring that all policies and provisions are designed to be inclusive and considerate of the needs of all residents, regardless of their banking status.

c)   be aware of the significance of maintaining accessibility for all residents to council facilities, regardless of their financial situation, and express a commitment to finding solutions that do not disproportionately burden those without regular access to banking services.

2. Council:

a)   instructs the relevant officers to bring a report to the Portfolio Holder for Finance the Cabinet that reviews the decision and impact of the implementation of cashless-only provision at council facilities that covers:

·     The implications of the cashless-only policy on residents who are currently unbanked or underbanked and those who may require additional support

·     The reduction of income due to council service users and customers taking the business elsewhere

·     The consequences of encouraging  ...  view the full minutes text for item 101.

The deadline for questions to be submitted to the Monitoring Officer is Monday 15 April 2024.

Question by Councillor Patrick Canavan

In relation to the voluntary redundancy exercise please outline:

a) the total number of staff who applied

b) the number of those staff whose applications have been accepted

c) the number of applications refused or are still under consideration

Also, can it be confirmed that following this exercise no staff will be made compulsorily redundant?

Response by the Portfolio Holder for Transformation, Councillor Jeff Hanna

May I firstly thank all of our staff for the work they do on behalf of our residents. It is a matter of regret that the need to achieve some fifty million of savings means that we need to reduce our number of staff, with all of the uncertainties and concerns involved.

I am grateful to the Human Resources team for their ongoing work in managing the process and I was pleased that the invitation was made to staff to offer themselves for Voluntary Redundancy, as a slightly less painful way of managing the staffing reductions.

It was explained that applications would be evaluated taking into consideration the posts and skills that needed to be retained and this has included considering:

-      the impact of the loss of the post on our ability to meet our statutory duties and targets,

-      our current and future service needs

-      the ability for work to be re-allocated if the post were lost, or for the service delivery to be re-designed, and lastly,

-      the affordability of the individual redundancy arrangements.

Given this, we anticipated rather more staff wanting to explore the possibility of voluntary redundancy, than would meet these considerations, and this has proven to be the case.

Indeed, in some cases, where several staff in similar posts applied, a scoring process needed to be used to decide which might proceed.

In other cases, future levels of staffing remain uncertain, as is the case in libraries, as the library review is still under way, and applications there have been paused, and will be considered under a different process.

Further some members of staff have withdrawn their application during the process.

Accordingly, the answers to Councillor Canavan’s question are slightly more detailed that he may have expected. As of today’s date;

330 staff have applied for Voluntary Redundancy, of whom 13 have subsequently withdrawn their application.

The Corporate Management Board have approved 79 applications, 64 having then been agreed by the employee and are proceeding, 4 are awaiting employee agreement, and 11 have subsequently been withdrawn by the employee.

A total of 206 applications have been declined, with 2 not yet having been submitted to the Board, none are under current consideration, and 30 have been paused and will be considered under a separate process.

It was never expected that there would be a perfect fit between those applying and the areas where we would need to reduce our staffing, so I am afraid that it will still be necessary for a compulsory redundancy process to be used to complete the overall reductions,  ...  view the full minutes text for item 102.

To consider any urgent decisions taken by the Chief Executive in accordance with the Constitution.

The Chief Executive advised that he had taken two urgent decisions since the last meeting of the Council, both of which had been published on the Councils website and were reported to the last meeting of the Cabinet, these being: -

•       Acceptance of Active Travel Capability Funding - DECISION: 21 March 2024 - To accept £285,908 2024 Active Travel Capability Funding revenue (Tranche 4) from Active Travel England for walking and cycling projects.

•       HR Support Pilots Project - DECISION: 2 April 2024 - BCP’s acceptance of a grant of up to £180,000 (plus vat) for the supply of ‘Labour Market Participation Trials’ to the Secretary of State for the Department for Business and Trade. The trials will be a pilot project to provide BCP based businesses with HR support predominantly around recruitment and retention.

In closing the meeting the Chairman advised members of the public that the next meeting of the Council on the 7 May was the Annual Council meeting and that there would therefore be no opportunity for public representations or motions from members of the Council at this meeting, and that the next ordinary meeting of the Council was scheduled for the 4 June 2024.