Agenda, decisions and minutes

Councillors are required to comply with the requirements of the Localism Act 2011 regarding disclosable pecuniary interests. Declarations received will be reported at the meeting.

Councillor K Wilson declared a non-pecuniary interest in relation to Minute No. 34 (Housing Compliance Update) and Minute No. 42 (Project Admiral) for transparency purposes as a council tenant.

Councillor A Hadley declared a non-pecuniary interest in relation to Minute No. 35 (Traffic Regulation Orders) specifically relating to 11.1 (Appendix 1 item 84) as he lives opposite the proposed scheme.

To confirm and sign as a correct record the minutes of the Meeting held on 12 July 2019.

The Minutes of the Cabinet meeting held on 12 July 2019 were confirmed as a correct record and signed.

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/documents/s2305/Public%20Items%20-%20Meeting%20Procedure%20Rules.pdf 

The deadline for the submission of public questions is Wednesday 4 September 2019.

The deadline for the submission of a statement is 12.00 noon, Tuesday 10 September 2019.

The deadline for the submission of a petition is 12.00 noon, Tuesday 10 September 2019.

The Leader reported that no public questions had been submitted on this occasion, but that the following statements had been submitted in connection with Item 11.5 (James Road to Sheringham Road, record unprotected bridleway (currently blocked) as a Public Right of Way (PRoW) on the agenda:

Statement from Mr B Kelsell

I have lived in Sheringham Road for 35 years with my Wife Margaret and we have never seen anyone use this path all these years, my Three children also grew up at Sheringham Road and also have never seen anyone use this.

Statement from Mr J Mogg

My property is located at the start of the proposed Bridleway. This application is wholly unnecessary and gives no benefit to my family and the vast majority of James Rd residents.

The path is currently private and used for garden access only.  

The creation of a Public Right Of Way would only exacerbate the recent spate of antisocial behaviour and undermine the security and privacy of all residents.

This is not an application for the greater good and I know that the vast majority of residents are against the path being opened up to the public.

Statement from Mrs S Jennings

I strongly object to this proposal

I cannot see how opening up this path would be of any benefit.  In the last couple of years one house (that I know of) in James Road has been burgled and cars in the road have recently been tampered with and broken into.  Opening up an ‘escape route’ would serve no purpose whatsoever.  As it stands at the moment any person not residing in James Road would have to leave via the road and not be able to scoot down an alley.

Towards the end of James Road where this so-called path is, there are families with young children.  In this day and age of drug use etc, would you want the possibility of needles etc being dropped in an area where your children or dogs might walk or the possibility of anyone hanging around the other side of your garden fence whilst your children were playing.  I feel this would be a hideout for drug abuse/alcohol and use as a dumping area.

Another strong objection to this being opened up is I believe it would be used as a ‘rat run’ for scooters and motor bikes.

We have some elderly residents who live in this road and at present with James Road being a dead end there is an element of safety for them, the opening up of this path I believe infringes their safety.

One further point, who is going to maintain this path?  If it will be the Council’s responsibility I cannot see a regular maintenance plan occurring – our road is in dire need of repair and has been in bad repair for some time where no maintenance has occurred!   Therefore I cannot possibly see any upkeep of the path taking place.

I  ...  view the full minutes text for item 28.

To seek approval to harmonise the qualification criteria, cost and use of Disabled Tax-Exempt Vehicle (DTEV) parking permits across BCP Council

RESOLVED that:-

(a)           Option C within the report is approved as the BCP Council Disabled Tax – Exempt Vehicle (DTEV) parking permit policy; and

(b)           The £25.00 annual cost of the Disabled Tax – Exempt Vehicle (DTEV) parking permit be waived for those in receipt of Council Tax Support

Voting: Unanimous

REASON

Option C provides a clear, consistent and fair policy across BCP Council for DTEV drivers.

The Portfolio Holder for Transport and Infrastructure presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.

Cabinet approval was sought to harmonise the qualification criteria, cost and use of Disabled Tax-Exempt Vehicle (DTEV) parking permits across BCP Council.

Cabinet discussed the provision of DTEV parking permits for those in receipt of Council Tax support and felt that the cost of the permit should be waived in such circumstances.

A Councillor present at the meeting expressed the view that all disabled drivers should be entitled to park free of charge, and further to this expressed concern with regards to the scope of the consultation process and urged Cabinet to consider deferral of the item in order to fully consult with stakeholders.

In relation to this Cabinet were advised that the scheme was a discretionary scheme and that the scope of the consultation was also discretionary. 

RESOLVED that:-

(a)           Option C within the report is approved as the BCP Council Disabled Tax – Exempt Vehicle (DTEV) parking permit policy; and

(b)           The £25.00 annual cost of the Disabled Tax – Exempt Vehicle (DTEV) parking permit be waived for those in receipt of Council Tax Support

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

The Statement of Community Involvement (SCI) sets out how a local planning authority engages with its residents when preparing local plans and through the planning application process. A draft SCI is included (Appendix 1) that seeks to establish how the Council will engage residents in the planning system.

The proposals include provisions for plan-making and planning applications. In respect of planning applications, different options for notification have been assessed and Cabinet is asked to approve the recommendation for Option 3 and to note that further corporate ways of working shall help develop further digital channels of engagement for the future.

Cabinet is also asked to endorse the draft SCI proposals and agree its release for six-week consultation starting 7^th October 2019.

RESOLVED that:-

(a)         the draft Statement of Community Involvement at Appendix 1 to the report be approved and released for six-week consultation from 7^th October 2019;

(b)        the recommendation (option 3) on how planning applications are to be publicised be approved; and

(c)         any minor changes to the draft SCI needed prior to the consultation be delegated to the Director for Growth & Infrastructure in consultation with the Portfolio Holder for Strategic Planning; and

(d)        post consultation a final SCI shall return to Cabinet for formal adoption later in the year.

Voting: Unanimous

REASON

To enable officers to progress the SCI for consultation.

The Portfolio Holder for Strategic Planning presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

Cabinet were asked to approve the Statement of Community Involvement for consultation in order for the Council to set out how it intends to engage residents in the planning system. 

The Chairman of the Overview and Scrutiny Board reported that the Board, at its meeting on 9 September 2019 recommended that at recommendation ‘b’ of the Cabinet report, the Cabinet should agree Option 1 as set out in paragraph 11 of the report, and further to this recommended the following amendments to the Statement of Community Involvement;

-        Paragraph 2.30 be amended to add the following words to the first sentence after the word will “…have the opportunity to…”

-        Page 12 should be amended to remove Primary Care Trusts and replace with Clinical Commissioning Groups.

Cabinet discussed the desire to move to more digital methods of notification but expressed concern that the appropriate digital platforms weren’t yet available, and that this would need to be a transitional process and that currently it was still necessary to write to people.

RESOLVED that:-

(a)         the draft Statement of Community Involvement at Appendix 1 to the report be approved and released for six-week consultation from 7^th October 2019;

(b)        the recommendation (option 3) on how planning applications are to be publicised be approved; and

(c)         any minor changes to the draft SCI needed prior to the consultation be delegated to the Director for Growth & Infrastructure in consultation with the Portfolio Holder for Strategic Planning; and

(d)        post consultation a final SCI shall return to Cabinet for formal adoption later in the year.

Voting: Unanimous

Portfolio Holder: Strategic Planning

The draft Boscombe & Pokesdown Neighbourhood Plan has been examined by an independent Examiner who issued her report on 16 July 2019, attached as Appendix 2 to this report. The Examiner has recommended that, subject to modifications to the Plan, it may proceed to referendum. A Decision Statement is attached at Appendix 3, which sets out the Council’s proposed response to the Examiner’s recommendations. This Cabinet report asks Members to agree the Examiner’s recommendations, as set out in the Decision Statement, to enable the Neighbourhood Plan to proceed to referendum.

RECOMMENDED that Council:-

(a)           Consider and accept the modifications to the Boscombe & Pokesdown Neighbourhood Plan recommended in the Examiner’s Report 16 July 2019, attached as Appendix 2 to the report;

(b)           Agree with the Examiner’s recommendation that the Boscombe & Pokesdown Neighbourhood Plan as modified meets Basic Conditions;

(c)           Agree that the Neighbourhood Plan as modified, attached as Appendix 4, can proceed to Referendum, and publish this decision through issuing the Decision Statement;

(d)           Agree with the Examiner’s recommendation that the area for referendum will be the designated Boscombe & Pokesdown Neighbourhood area, as shown in the Plan at Appendix 1 (the combined area of Boscombe East & Pokesdown and Boscombe West wards)

(e)           As competent authority under the Habitats Regulations, agree to adopt the Habitats Regulations Assessment of the Boscombe &

Pokesdown Neighbourhood Plan, attached as Appendix 5 to the report; and

(f)            Delegate authority to the Director of Growth and Infrastructure in consultation with the Portfolio Holder for Strategic Planning to agree further minor changes to the Plan.

Voting: Unanimous

REASONS

In line with the Council’s obligations under the Localism Act to facilitate the production and adoption of Neighbourhood Plans and its duties as competent authority under the Habitats Regulations.

The Portfolio Holder for Strategic Planning presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'C' to these Minutes in the Minute Book.

The Cabinet were asked to agree the Examiners recommendations, as set out in the Decision Statement, to enable the Neighbourhood Plan to proceed to referendum.

The Chairman of the Overview and Scrutiny Board reported that the Board, at its meeting on 9 September 2019 commended the plan and the hard work which had been carried out but informally requested that Cabinet review the suggested date of the 31 October to ensure that this is the most appropriate date.

Councillors present at the meeting extended their thanks and appreciation to all those involved in the work which had been carried out and urged that the best possible date be chosen in order to ensure the best engagement possible.

Cabinet Members expressed their support for the plan and discussed the potential dates for the referendum, confirming their preference to stick to the suggested 31 October 2019 date.

RECOMMENDED that Council:-

(a)           Consider and accept the modifications to the Boscombe & Pokesdown Neighbourhood Plan recommended in the Examiner’s Report 16 July 2019, attached as Appendix 2 to the report;

(b)           Agree with the Examiner’s recommendation that the Boscombe & Pokesdown Neighbourhood Plan as modified meets Basic Conditions;

(c)           Agree that the Neighbourhood Plan as modified, attached as Appendix 4, can proceed to Referendum, and publish this decision through issuing the Decision Statement;

(d)           Agree with the Examiner’s recommendation that the area for referendum will be the designated Boscombe & Pokesdown Neighbourhood area, as shown in the Plan at Appendix 1 (the combined area of Boscombe East & Pokesdown and Boscombe West wards)

(e)           As competent authority under the Habitats Regulations, agree to adopt the Habitats Regulations Assessment of the Boscombe &

Pokesdown Neighbourhood Plan, attached as Appendix 5 to the report; and

(f)            Delegate authority to the Director of Growth and Infrastructure in consultation with the Portfolio Holder for Strategic Planning to agree further minor changes to the Plan.

Voting: Unanimous

Portfolio Holder: Strategic Planning

To seek approval of the BCP Council Local Development Scheme (LDS) to come into effect from 23^rd September 2019. The LDS is attached as Appendix 1. Delegated authority is also sought to enable the Director for Growth & Infrastructure in consultation with the Portfolio Holder for Strategic Planning to make any necessary minor amendments to the LDS document needed for publication on 23^rd September 2019.  

The LDS provides the community and other interested parties with an indication of what local plan documents are to be prepared by the Council and when. The timetable includes particular milestones that highlight public consultation stages where interested parties can be involved in the plan making process.

RECOMMENDED that Council:-

(a)            approves that all previous planning policy work on emerging legacy Local Plans of the preceding authorities is refocused on the preparation of an area-wide BCP Local Plan;

(b)           approve the Local Development Scheme to come into effect on 23 September 2019 and confirm the timetable to produce the BCP Local Plan and other related planning policy documents; and

(c)            delegate authority to the Head of Growth & Infrastructure in consultation with the Portfolio Holder for Strategic Planning to make minor text changes to the LDS document to be published on 23 September 2019.

Voting: Unanimous

REASONS

To set out the revised timetable and framework to produce the BCP Local Plan and other planning policy documents. The LDS is effectively a project plan and does not constitute a policy document, however as the LDS sets out planning policy making timescales it will impact on the Key Policy Framework.

The preparations of the LDS is a statutory requirement of the Planning and Compulsory Purchase Act 2004 as amended by the Planning Act 2008, Localism Act 2011, Housing and Planning Act 2016 and the Neighbourhood Planning Act 2017.

Preparation of the planning documents as set out in the lDS will help deliver the Council’s strategic priorities as expressed in the emerging Corporate Plan.

The Portfolio Holder for Strategic Planning presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'D' to these Minutes in the Minute Book.

Cabinet approval was sought for the BCP Council Local Development Scheme (LDS) to come into effect from 23 September 2019. In addition approval was sought for delegated authority to enable the Director for Growth and Infrastructure in consultation with the Portfolio Holder for Strategic Planning to make any minor amendments to the LDS document.

The Portfolio Holder informed Cabinet that the LDS provided the community and other interested parties with an indication of what local plan documents are to be prepared by the Council and when. In addition the Portfolio Holder advised that the timetable includes particular milestones that highlight public consultation stages where interested parties can be involved in the plan making process.

RECOMMENDED that Council:-

(a)            approves that all previous planning policy work on emerging legacy Local Plans of the preceding authorities is refocused on the preparation of an area-wide BCP Local Plan;

(b)           approve the Local Development Scheme to come into effect on 23 September 2019 and confirm the timetable to produce the BCP Local Plan and other related planning policy documents; and

(c)            delegate authority to the Head of Growth & Infrastructure in consultation with the Portfolio Holder for Strategic Planning to make minor text changes to the LDS document to be published on 23 September 2019.

Voting: Unanimous

Portfolio Holder: Strategic Planning

To seek approval to undertake an initial consultation on possible issues the BCP Local Plan will need to address, as well as carry out a ‘Call for Sites’ exercise to invite anyone with a potential development site to submit it to the Council for consideration as part of the Local Plan process.

RESOLVED that the BCP Local Plan issues and call for sites letter be released for a minimum of 6 weeks consultation in accordance with Regulation 18 of the Local Planning regulation.

Voting: Unanimous

REASONS

To start the process of preparing the BCP Local Plan and engaging with residents to understand the nature of issues that the plan ought to address. The call for sites exercise is standard practice at the start of preparing a Local Plan as it helps to identify what level of land availability might exist to meet the area’s needs.

The Portfolio Holder for Strategic Planning presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'E' to these Minutes in the Minute Book.

Cabinet approval was sought to undertake an initial consultation on possible issues the BCP Local Plan will need to address, as well as carry out a ‘Call for Sites’ exercise to invite anyone with a potential development site to submit it to the Council for consideration as part of the Local Plan process.

A Councillor present at the meeting stressed the importance of reaching as wide an audience as possible through the consultation process.

In relation to this the Portfolio Holder assured Councillors that a variety of communication methods were going to be used in order to publicise the consultation.

RESOLVED that the BCP Local Plan issues and call for sites letter be released for a minimum of 6 weeks consultation in accordance with Regulation 18 of the Local Planning regulation.

Voting: Unanimous

Portfolio Holder: Strategic Planning

The Bournemouth neighbourhood and the Poole neighbourhood as part of the Housing Revenue Account (HRA) each use the same Health and Safety legislation and best practice to ensure the housing in their neighbourhood is compliant with current regulation and standards.

Both neighbourhoods are managed in different ways but can each evidence that they meet legislative standards which is reassuring.

The data collection will be aligned across the two neighbourhoods going forward to ensure transparency and enable a true comparison.

As can be seen in appendices 1&2, both neighbourhoods at the end of quarter 1 2019/20 (April to June 2019) have provided data which provides reassurance that compliance of the housing stock with regards to water quality, gas safety, asbestos, electrical safety, fire safety and lift safety is at good levels and well within the legal requirements.

RESOLVED that performance be reported annually to the Overview and Scrutiny Board and Cabinet.

Voting: Unanimous

REASONS

The report is for information.

The Portfolio Holder for Housing presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'F' to these Minutes in the Minute Book.

Cabinet were asked to note the update which provided reassurance that compliance of the housing stock with regards to water quality, gas safety, asbestos, electrical safety, fire safety and lift safety was at good levels and well within the legal requirements.

RESOLVED that performance be reported annually to the Overview and Scrutiny Board and Cabinet.

Voting: Unanimous

Portfolio Holder: Housing

Councillor K Wilson declared a non-pecuniary interest in this item for the purposes of transparency and remained present for the discussion and voting thereon.

This covering report appends a number of individual requests for approval to advertise Traffic Regulation Orders and for consideration of Rights of Way issues.

Cabinet is also being asked (items 11.1 and 11.2 below) to agree to delegated approval to allow Traffic Regulation Orders and Disabled Parking bays to be advertised in the future.  Any representations that are received in response to these advertisements will still need to be considered by the Cabinet.

RESOLVED that:-

(a)           the Traffic Regulation Orders be advertised as set out in Report 11.1;

(b)           the Traffic Regulation Orders be advertised for new disabled parking bays as set out in Report 11.2;

(c)           the footpath through the Winter Gardens site be diverted as set out in Report 11.3;

(d)           the bridleway on Longfleet Drive be defined as set out in Report 11.4;

(e)           the decision whether to make an Order to define a bridleway on the path between James Road and Sheringham Road as set out in Report 11.5 be deferred and passed to the Transport Advisory Group once established for their consideration; and

(f)            authority be delegated to the Director of Growth and Infrastructure to make Traffic Regulation Orders and related Highways Orders where the required public has been undertaken and no objections have been received.

Voting: Unanimous

REASONS

To enable the relevant Traffic Regulation Orders to be made and required public consultation exercises to be undertaken. The delegation will enable future orders to be made without requiring Cabinet report and approval in cases where no objections have been received.

The Portfolio Holder for Transport and Infrastructure presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'G' to these Minutes in the Minute Book.

The report sought Cabinet approval for public consultation on a number of proposed Traffic Regulation Orders and for consideration of Rights of Ways Issues. The Cabinet was also asked to agree to delegate approval to allow Traffic Regulation Orders and Disabled Parking bays to be advertised in the future, with any representations received in response to these advertisements being considered by the Cabinet.

The Leader advised in relation to these items that as raised earlier in the meeting it would be the intention that in future such items would be submitted to the Transport Advisory Group once established which would then discuss the items prior to coming to Cabinet.

RESOLVED that:-

(a)           the Traffic Regulation Orders be advertised as set out in Report 11.1;

(b)           the Traffic Regulation Orders be advertised for new disabled parking bays as set out in Report 11.2;

(c)           the footpath through the Winter Gardens site be diverted as set out in Report 11.3;

(d)           the bridleway on Longfleet Drive be defined as set out in Report 11.4;

(e)           the decision whether to make an Order to define a bridleway on the path between James Road and Sheringham Road as set out in Report 11.5 be deferred and passed to the Transport Advisory Group once established for their consideration; and

(f)            authority be delegated to the Director of Growth and Infrastructure to make Traffic Regulation Orders and related Highways Orders where the required public has been undertaken and no objections have been received.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

Councillor A Hadley declared a non-pecuniary interest in relation to Item 84 of Appendix 1 and remained present for the discussion and voting thereon.

To advise and seek approval for preparation activities for Winter Service delivery 2019/20 across the BCP Council conurbation.

The report details operational planning, communications objectives and outlines wider future transformational change reviews that are necessary to ensure BCP Council can provide a legally compliant, safe, reliant, fit for purpose, affordable Highway Maintenance Service.

RESOLVED that:-

(a)           Cabinet notes that the preparations for Winter Service 2019/20 are in place to ensure continuity of service previously provided by the three preceding Highway Authorities (Dorset County Council, Bournemouth & Poole Council’s) for this coming Winter;

(b)           a review of Winter Service is undertaken at the end of the 2019/20 season (during April 2020) to inform the development of a BCP Council Winter Service Plan. Including the extent of service and associated service priorities are reviewed e.g. options for future treatment of roads, pavements and cycle paths.

(c)           learning from the review is used to inform the wider response to weather related incidents on the highway (gales, flooding and heat)

(d)           a wider Highway Maintenance activities review is undertaken, and an options report developed.

Voting: Unanimous

REASONS

Winter Service is a statutory BCP function essential to keeping the BCP conurbation safe and moving for both wellbeing, social and economic reasons during periods of ice and snow. To be able to continue to fulfil BCP Council’s legal obligations within available funding methods, a fundamental service review is required to develop service standards and options to inform operating policies and procedures.

The Portfolio Holder for Environment and Climate Change presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'H' to these Minutes in the Minute Book.

Cabinet approval was sought for the preparation activities for Winter Service delivery 2019/20 across the BCP Council conurbation.

The Portfolio Holder advised that the report set out details of the operational planning, communications objectives and outlined wider future transformational change reviews necessary to ensure BCP Council can provide a legally compliant, safe, reliant, fit for purpose, affordable Highway Maintenance Scheme. In addition the Portfolio Holder advised that Winter Service was a statutory BCP function essential to keeping the BCP conurbation safe and moving during periods of ice and snow.

The Leader informed the Cabinet of a scheme currently run in Sutton which enabled neighbours and households to collect an allocated amount of grit, and in relation to this advised that it was hoped more information could be gathered in respect of such a scheme.

RESOLVED that:-

(a)           Cabinet notes that the preparations for Winter Service 2019/20 are in place to ensure continuity of service previously provided by the three preceding Highway Authorities (Dorset County Council, Bournemouth & Poole Council’s) for this coming Winter;

(b)           a review of Winter Service is undertaken at the end of the 2019/20 season (during April 2020) to inform the development of a BCP Council Winter Service Plan. Including the extent of service and associated service priorities are reviewed e.g. options for future treatment of roads, pavements and cycle paths.

(c)           learning from the review is used to inform the wider response to weather related incidents on the highway (gales, flooding and heat)

(d)           a wider Highway Maintenance activities review is undertaken, and an options report developed.

Voting: Unanimous

Portfolio Holder: Environment and Climate Change

To present the draft BCP Council 2019 – 2023 People Strategy for Cabinet consideration, including a set of proposed behaviours that will form the basis of a corporate Behaviours Framework. Furthermore, to secure approval for an action plan that will underpin the delivery of the People Strategy priority work streams.

RESOLVED that:-

(a)        subject to the removal or amendment of the wording on page 405 of the Cabinet Agenda “where good things happen to good people”, the draft BCP Council 2019 - 2023 People Strategy and action plan be approved; and

(b)       the proposed behaviours be endorsed.

Voting: Unanimous

REASONS

A People Strategy, aligned to the Council Plan, will drive BCP Council in prioritising activities and initiatives that will support the development of our workforce and the delivery of the council’s desired organisational outcomes.

The People Strategy will accelerate cultural transformation and increase employee engagement, thereby developing a clear BCP Council workforce identity, supporting the effective delivery of change and transformation in the organisation.

The priority behaviours establish the behaviours that are considered to be important by our workforce in creating the right culture for our future successes, and which all staff can be held accountable to.

The Leader of the Council presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'I' to these Minutes in the Minute Book.

Cabinet were asked to approve the draft BCP Council 2019-2023 People Strategy and action plan, including a set of proposed behaviours that will form the basis of a corporate Behaviours Framework.

The Chairman of the Overview and Scrutiny Board reported that the Board, at its meeting on 9 September 2019 whilst supportive of the report suggested that the wording on page 405 of the Cabinet Agenda “where good things happen to good people” be amended or removed.

RESOLVED that:-

(a)        subject to the removal or amendment of the wording on page 405 of the Cabinet Agenda “where good things happen to good people”, the draft BCP Council 2019 - 2023 People Strategy and action plan be approved; and

(b)       the proposed behaviours be endorsed.

Voting: Unanimous

Portfolio Holder: Leader

To set out the approach to implementing BCP Council’s pay and reward strategy and seek approval for the resources required to deliver the new arrangements.

RESOLVED that Cabinet:

(a)           support the proposed characteristics of the new pay structure;

(b)           support the aspiration to have new pay and reward; arrangements in place as soon as is reasonably possible, and preferably within 12 months of mobilisation;

(c)           support the approach to implementation subject to approval of funding by Council;

(d)           support a further competition under Lot 4 of the CCS Management Consultancy Framework as the process for procuring an external partner to support the implementation process;

(e)           Delegate Authority to the Chief Executive in consultation with the Leader of the Council to award the contract for an external partner following the procurement process;

(f)            Delegate authority to the Chief Executive in consultation with the Leader of the Council to undertake collective bargaining with recognised trade unions; and

(g)           agree that a report be brought back to Cabinet to approve the final pay and reward arrangements in due course.

RECOMMENDED that Council approve the allocation of £2.1m funding for additional internal capacity and external support for delivering the pay and reward strategy.

Voting: Unanimous

REASONS

To comply with the Council’s obligations under the Equalities Act 2010 and ensure that pay and reward arrangements are fair and equitable for all BCP employees.

To provide the Council with a new employee proposition that can be used to underpin recruitment and retention and the ongoing development of the workforce.

The Leader of the Council presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix ‘J' to these Minutes in the Minute Book.

Cabinet were asked to consider and support the approach to implementing BCP Council’s pay and reward strategy and to approve the resources required to deliver the new arrangements.

The Chairman of the Overview and Scrutiny Board reported that the Board, at its meeting on 9 September 2019 made the following recommendations in respect of the item:

(a)  Cabinet agree the recommendations at 1-5 of the report

(b)  Cabinet resolve that the recommendation at 6 in the Cabinet report be amended to end after the words “Trade Unions”

(c)  Cabinet approve the following additional recommendation to be added at 7, “To agree that a report be brought back to Cabinet to approve the final pay and reward arrangements in due course”

(d)  Subject to the approval of the above recommendations Cabinet agree that the recommendation at 7 in the Cabinet report becomes recommendation 8.

In addition the Chairman of the Overview and Scrutiny Board advised that Overview and Scrutiny would want to consider this issue again before the final report to Cabinet and would appreciate as much time as possible in order to consider future Cabinet reports.

Cabinet discussed the report and advised that they understood the concerns raised, but that it was necessary to ensure that the pay and reward arrangements were fair and equitable.

RESOLVED that Cabinet:

(a)           support the proposed characteristics of the new pay structure;

(b)           support the aspiration to have new pay and reward; arrangements in place as soon as is reasonably possible, and preferably within 12 months of mobilisation;

(c)           support the approach to implementation subject to approval of funding by Council;

(d)           support a further competition under Lot 4 of the CCS Management Consultancy Framework as the process for procuring an external partner to support the implementation process;

(e)           Delegate Authority to the Chief Executive in consultation with the Leader of the Council to award the contract for an external partner following the procurement process;

(f)            Delegate authority to the Chief Executive in consultation with the Leader of the Council to undertake collective bargaining with recognised trade unions; and

(g)           agree that a report be brought back to Cabinet to approve the final pay and reward arrangements in due course.

RECOMMENDED that Council approve the allocation of £2.1m funding for additional internal capacity and external support for delivering the pay and reward strategy.

Voting: Unanimous

Portfolio Holder: Leader

This report presents the Council with the opportunity to support one of its key strategic partners in delivering a new modern pathology facility to serve both the conurbation and the rest of Dorset.

The support will be in the form of a £14.9m investment from the Council into the Royal Bournemouth and Christchurch National Health Service (NHS) Foundation Trust (RBCH) which will be repaid evenly in equal instalments of capital of just under £1m per annum.

To make this investment Council needs to add, on an exceptional basis, the RBCH to its list of approved counterparties and extend the normal five-year period for investments.

This repayment will be made by the Royal Bournemouth and Christchurch NHS Foundation Trust regardless of the operational performance of the new One Dorset Pathology Unit.

The risk around delivering the savings from the new pathology unit will therefore lay with the Royal Bournemouth and Christchurch NHS Foundation Trust.

This arrangement recognises that there is a limited amount of capital funding available in the NHS compared to the size of their revenue budget.

RECOMMENDED that Council:-

(a)        approve a £14.9m investment over a 15-year repayment period to The Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust on the terms outlined in in paragraph 3 of the report;

(b)       extend the Councils schedule of approved counterparties for investments to include the Royal Bournemouth and Christchurch Hospital NHS Foundation trusts for the purposes of this investment only as well as increase the time limit to 15 years;

(c)        delegate to the Chief Finance Officer the approval of any further detailed terms for the provision of the investment; and

(d)       authorise the Council’s Monitoring Officer to draw up and enter into a suitable legal agreement with the NHS Foundation Trust.

Voting: Unanimous

REASONS

To provide the funding the NHS Foundation Trust is seeking to enable its investment in its front-line services and benefit the local community.

The Portfolio Holder for Finance presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'K' to these Minutes in the Minute Book.

Cabinet were requested to consider supporting one of the Councils key strategic partners in delivering a new modern pathology facility to serve both the conurbation and the rest of Dorset, by way of an investment from the Council into the Royal Bournemouth and Christchurch National Health Service (NHS) Foundation Trust (RBCH) which will be repaid evenly in equal instalments of capital of just under £1m per annum.

The Chairman of the Overview and Scrutiny Board queries the existence of a BCP Council Investment Strategy, and it was confirmed that a BCP Council wide strategy would be coming before Cabinet in due course, but that it was desirable to approve this in advance in order to take advantage of this investment opportunity.

Cabinet discussed the benefits of the scheme. Further to this Cabinet were advised that the recommendation would go to the 5 November 2019 Council meeting to enable the Audit & Governance Committee to consider the report prior to Council.

RECOMMENDED that Council:-

(a)        approve a £14.9m investment over a 15-year repayment period to The Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust on the terms outlined in in paragraph 3 of the report;

(b)       extend the Councils schedule of approved counterparties for investments to include the Royal Bournemouth and Christchurch Hospital NHS Foundation trusts for the purposes of this investment only as well as increase the time limit to 15 years;

(c)        delegate to the Chief Finance Officer the approval of any further detailed terms for the provision of the investment; and

(d)       authorise the Council’s Monitoring Officer to draw up and enter into a suitable legal agreement with the NHS Foundation Trust.

Voting: Unanimous

Portfolio Holder: Finance

This report presents the council’s performance against budget for the period 1 April 2019 to 30 June 2019.

In summary, the general fund revenue projected outturn for 2019/20 is a pressure within services net expenditure of £5 million. These pressures should though not result in a deficit as additional resources were allowed for within the overall budget approved by the BCP Shadow Authority in February 2019 to manage the greater than normal level of uncertainty in the first year of the new Council. These additional resources can be listed as;

1)  A £2.7m revenue budget contingency designed to cover ongoing pressures not recognised or foreseen in service budgets.

2)  £6.3m in service specific Financial Resilience earmarked reserves designed to enable the service to manage any one-off emerging issues as they strive to deliver the seamless transfer of services.

At this early stage in the financial year the reported shows the potential use of some of these additional resources.

This report requests that the Corporate Directors report further on service pressures and the detailed actions they propose in mitigation. Only once these actions plans have been agreed and had chance to mature will consideration be given to the formal application of the additional resources.

It is also important to emphasise that;

a)  at this stage in the financial year the forecast is just a projection and the deficit has not yet actually occurred. Positive management action can prevent the full level of this position from materialising.

b)  historically the first quarter budget monitoring within the legacy Councils has presented a generally pessimistic view of the projected outturn with improvements over each subsequent quarter.

c)  the Council’s strong culture of active financial management is expected to continue to serve it well.

In addition, arrangements for non - financial performance monitoring for 2019/20 are noted in paragraph 68.

RESOLVED that Cabinet:-

(a)           approves the actions set out in paragraphs 74-77 of the report;

(b)           notes the contents of the report;

(c)           notes the position of the forecast for the General Fund outturn for the financial year ended 31 March 2020;

(d)           notes the update (set out in Appendix C) from the Corporate Director for Children’s Services on the progress in delivering a sustainable solution to the High Needs element of the Dedicated Schools Grant; and

(e)           notes the forecast year end outturn positions for capital, reserves and Housing Revenue Account neighbourhood accounts.

Voting: Unanimous

REASONS

To comply with the draft CIPFA Financial Management Code of practice.

To facilitate the implementation of a strong and active culture of financial management within the BCP Council by identifying when prompt management intervention and action is needed to avoid an adverse impact on future service delivery or the achievement of future corporate objectives.

All Directors have confirmed their acknowledgement of the issues raised.

The Portfolio Holder for Finance presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'L' to these Minutes in the Minute Book.

Cabinet were asked to consider the council’s performance against budget for the period 1 April 2019 to 30 June 2019.

The Chairman of the Overview and Scrutiny Board reported that the Board, at its meeting on 9 September 2019 recommended that Cabinet practice sustainable budgeting and avoid using reserves for day to day revenue needs.

A member of the Council present requested that more detail be provided in terms of the pressures on the Libraries and Cultural Services.

In relation to this the Portfolio Holder for Finance advised that there were a lot of detailed figures within the report and that it would be appropriate for the relevant corporate director to provide further detailed information.

RESOLVED that Cabinet:-

(a)           approves the actions set out in paragraphs 74-77 of the report;

(b)           notes the contents of the report;

(c)           notes the position of the forecast for the General Fund outturn for the financial year ended 31 March 2020;

(d)           notes the update (set out in Appendix C) from the Corporate Director for Children’s Services on the progress in delivering a sustainable solution to the High Needs element of the Dedicated Schools Grant; and

(e)           notes the forecast year end outturn positions for capital, reserves and Housing Revenue Account neighbourhood accounts.

Voting: Unanimous

Portfolio Holder: Finance

RESOLVED that in view of the nature of the business to be transacted it is likely that if members of the public were present during the following item there would be disclosure to them of ‘exempt information’ as described in the category indicated and they be therefore excluded from the meeting in accordance with Section 100A (4) of the Local Government Act 1972.

This report provides an update of the current position in respect of Project Admiral with particular reference to the need to consider Leaseholder Representations following section 20 consultation. It makes recommendations in respect of the position of leaseholders following the consultation.

RESOLVED that Cabinet:-

(a)        approves the recommendations set out in the confidential report; and

(b)        Offers to repurchase a limited number of properties as set out in Option 4, and delegates authority to the Director of Housing in consultation with the Monitoring Officer and Section 151 Officer to decide which properties will be repurchased further to this decision.

Voting: Unanimous

REASONS

In respect of recommendation (a) the reasons are set out in the confidential report.

In respect of recommendation (b), the option to repurchase a limited number of properties would allow the Council to obtain some much needed social housing stock within this area, while linking this to current demand. The use of the prioritisation approach would allow this approach to be targeted at those leaseholders most in need of support.

The Portfolio Holder for Housing presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'M' to these Minutes in the Minute Book.

Cabinet were updated on the current position in respect of Project Admiral with particular reference to the need to consider Leaseholder Representations following section 20 consultation.

The Chairman of the Overview and Scrutiny Board reported that the Board, at its meeting on 9 September 2019 made the following recommendations in respect of the item:

(a)  Cabinet should carefully consider the recommendations as set out in the report and the options set out in the exempt part of the report.

(b)  Cabinet be advised that the Overview and Scrutiny Board do not support Recommendation B on the grounds of fairness to leasholders due to there only being a small number of properties able to be re-purchased, of fairness to the rest of BCP Council’s tenants and to those on the Council’s Housing Registers due to the way in which it is proposed to use HRA finances to support the recommendations as set out in the report.

A Councillor in attendance raised concerns with regards to the buy back arrangements stressing that the value would need to take in to account the proposed maintenance costs and could potentially present negative equity.

Cabinet were advised that the District Valuer would depress the value of the property based on the fact that there was a maintenance bill to be paid, however the properties would appreciate in value once the work had been carried out.

Following discussion on the recommendations contained within the confidential part of the report, the meeting proceeded back into open session for the discussion regarding the buy back of properties, the summing up from the Portfolio Holder for Housing and the vote on the recommendations below.

RESOLVED that Cabinet:-

(a)        approves the recommendations set out in the confidential report; and

(b)        Offers to repurchase a limited number of properties as set out in Option 4, and delegates authority to the Director of Housing in consultation with the Monitoring Officer and Section 151 Officer to decide which properties will be repurchased further to this decision.

Voting: Unanimous

Portfolio Holder: Housing

To consider the latest version of the Cabinet Forward Plan for approval.

The Leader advised that the Cabinet Forward Plan was published on the Councils website.