Agenda, decisions and minutes

Councillors are required to comply with the requirements of the Localism Act 2011 and the Council's Code of Conduct regarding Disclosable Pecuniary Interests.

Councillors are also required to disclose any other interests where a Councillor is a member of an external body or organisation where that membership involves a position of control or significant influence, including bodies to which the Council has made the appointment in line with the Council's Code of Conduct.

Declarations received will be reported at the meeting.

Councillor S Moore declared a local interest in Minute No. 211 (Significant Changes to Maintained Schools for September 2020 and 2021) and remained present for the discussion and voting thereon.

To confirm and sign as a correct record the minutes of the Meeting held on 24 June 2020.

The Minutes of the Cabinet meeting held on 24 June 2020 were confirmed and signed as a correct record.

Voting: Unanimous

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 22 July 2020.

The deadline for the submission of a statement is 12.00 noon, Tuesday 28 July 2020.

The deadline for the submission of a petition is 12.00 noon, Tuesday 28 July 2020.

The Leader advised that 1 public question had been received in relation to Agenda Item 6 (Referral from Council – Motion). The Leader advised that a copy of the public question had been circulated to the Cabinet and had been published on the Councils website.

To consider recommendations from the Overview and Scrutiny Board on items not otherwise included on the Cabinet Agenda.

Cabinet were advised that there were no additional recommendations from the Overview and Scrutiny Board on items not otherwise included on the Cabinet Agenda on this occasion.

At the meeting of the Full Council on the 7 July 2020, the following motion was submitted, proposed by Councillor Drew Mellor and seconded by Councillor Mohan Iyengar:

“As an opportunity for BCP Council to display a cross party consensus in leading the conurbation out of Covid-19 on behalf of all residents, Council requires Cabinet to consider the proposals set out in the Conservative Group’s budget reset paper at the next Cabinet meeting”

Following debate the Motion was agreed and it was resolved that Cabinet consider the proposals set out in the Conservative Group’s budget reset paper at the next Cabinet meeting.

It is RECOMMENDED that Cabinet consider the proposals set out in the Conservative Groups budget reset paper.

Appendices

1.    Reset for all – An alternative budget response – as submitted with the Council papers for 7 July 2020.

2.    Reset for All – An alternative budget response – additional circulated papers

A report was presented to Cabinet, 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.

The Leader reminded Members that this report had been brought to Cabinet following the Motion to Council that it be considered.

Councillor Iyengar addressed the Cabinet on behalf of the Conservative Group Leader and provided an overview of the report as presented to Council, and the reasons for presenting it.

The Leader thanked Councillor Iyengar for his introduction and welcomed some of the ideas. Further to this Portfolio Holders spoke in turn addressing the areas raised within the report relating to their portfolios.

In addition Councillor White addressed the Cabinet as the Shadow Portfolio Holder for Children and Families responding to the comments made by the Portfolio Holder for Children and Families.

In closing Cabinet highlighted that it would be imprudent to change the budget for the current in year when it is not known whether there will be a second wave of the Coronavirus pandemic which would have significant budgetary implications, but further to this felt that areas within the report and comments made could be taken on board through the year.

RESOLVED that Cabinet noted the report.

This report provides a further update to the report summarising the Council’s response to the COVID-19 pandemic, which was presented to Cabinet in June 2020. 

The Chief Executive 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.

The Chief Executive advised that this report provided a further update summarising the Council’s response to the COVID-19 pandemic since the last meeting of the Cabinet.

In presenting the report the Chief Executive highlighted that the key activities for the Council during June and early July had been to respond to the challenges resulting from the relaxation of Government restrictions on movement and the opening of a wider range of businesses, together with working on a transformational approach to re-introducing and resetting Council services.

The Chairman of the Overview and Scrutiny Board addressed Cabinet advising that at their recent meeting the Board resolved to make the following recommendation to Cabinet in respect of this item:

The Overview and Scrutiny Board recommends to Cabinet that it seeks to bring in year rigorous, responsive and robust enforcement action into current operational practices, particularly in regard to parking and overnight camping on the beaches.

The Leader thanked the Board for their recommendations and in relation to this highlighted that the by laws relating to overnight camping were very out of date, and that the intention was that these will be reviewed during the winter stressing that this wasn’t feasible for a review to be carried out over the summer season. In addition the Leader advised that a new policy will be established with regards to clamping and towing away and that this was already being considered.

RESOLVED that the Council’s response to the Covid-19 pandemic be noted.

This report provides details of the final financial outturn for the revenue account, capital programme, reserves and the housing revenue account (HRA) for the financial year 2019/20.

The general fund revenue outturn is a surplus of £0.2 million for the year. Consequentially this means that the council has successfully delivered the outturn within the financial parameters of the original 2019/20 Budget set by the Shadow Authority and without drawing down on the financial resilience reserves set aside to manage the high level of uncertainty in the first year of the new council.

This is an improved position compared with the anticipated overspend leading to a draw on reserves of £2.7 million predicted at quarter three. The improved position overall is generally from work concluded in the final quarter to establish the opening balance sheet of BCP Council including the position in relation to inherited debt. The finally agreed position, coupled with a full review of all legacy council balance sheet items, has generated £3 million of favourable one-off variances to balance the annual position.

The financial cost of the Covid-19 public health emergency has been significant in the final quarter with an estimated £3.5 million impact from lost revenue, particularly from carparking, and in reflecting the longer-term concerns for the local economy. Other net favourable variances within directorate services have largely offset these pressures.

It is proposed the surplus for the year in added to the financial resilience reserve.

RESOLVED that Cabinet:-

(a)           note the year-end financial outturn positions achieved including revenue, capital, reserves and for the HRA; and

(b)           agree the capital virements in paragraph 84 of the report.

RECOMMENDED that Council:-

(c)           agree the capital virements in paragraph 85 of the report.

Voting: Unanimous

Portfolio Holder: Finance

Reasons

To comply with accounting codes of practice and best practice which requires councils to report their end of year financial position compared with the budget of the authority.

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

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 'C' to these Minutes in the Minute Book.

Cabinet were advised that this report provided details of the final financial outturn for the revenue account, capital programme, reserves and the housing revenue account (HRA) for the financial year 2019/20. In relation to this Cabinet were advised the general fund revenue outturn is a surplus of £0.2 million for the year, and that consequentially this means that the council has successfully delivered the outturn within the financial parameters of the original 2019/20 Budget set by the Shadow Authority and without drawing down on the financial resilience reserves set aside to manage the high level of uncertainty in the first year of the new council.

Cabinet were further advised that this was an improved position compared with the anticipated overspend leading to a draw on reserves of £2.7 million predicted at quarter three, and that the improved position overall is generally from work concluded in the final quarter to establish the opening balance sheet of BCP Council including the position in relation to inherited debt. The finally agreed position, coupled with a full review of all legacy council balance sheet items, has generated £3 million of favourable one-off variances to balance the annual position.

With regards to the financial cost of the Covid-19 Cabinet were informed that the public health emergency had been significant in the final quarter with an estimated £3.5 million impact from lost revenue, particularly from carparking, and in reflecting the longer-term concerns for the local economy, but that other net favourable variances within directorate services had largely offset these pressures. In concluding Cabinet were advised that it was proposed that the surplus for the year is added to the financial resilience reserve.

Cabinet praised the work of the Officers and the Portfolio Holder in bringing this report together.

RESOLVED that Cabinet:-

(a)          note the year-end financial outturn positions achieved including revenue, capital, reserves and for the HRA; and

(b)          agree the capital virements in paragraph 84 of the report.

RECOMMENDED that Council:-

(c)          agree the capital virements in paragraph 85 of the report.

Voting: Unanimous

Portfolio Holder: Finance

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.  The SCI was endorsed by Cabinet for public consultation for a six-week period in October 2019. The revised SCI has been amended following consultation, to reflect comments received and where necessary updated information. This includes recent government guidance on social distancing to allow for temporary changes to consultation arrangements.

Cabinet is asked to approve the revised SCI and recommend it for adoption by Council.

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 were advised that the Statement of Community Involvement (SCI) set out how a local planning authority engages with its residents when preparing local plans and through the planning application process.  In relation to this Cabinet were advised that the SCI was endorsed by Cabinet for public consultation for a six-week period in October 2019, and that the revised SCI had been amended following consultation to reflect comments received and where necessary updated information. Further to this Cabinet were informed that this included recent government guidance on social distancing to allow for temporary changes to consultation arrangements.

Cabinet were asked to approve the revised SCI and recommend it for adoption by Council.

RECOMMENDED that:-

(a)          the revised Statement of Community Involvement (Appendix 1) and recommends adoption by Full Council;

(b)          prior to publication of the SCI, authority be delegated to the Director for Growth & Infrastructure in liaison with the Portfolio Holder for Strategic Planning to make any further minor textual changes; and

(c)          A review of the Statement of Community Involvement be undertaken within 1 year of adoption to assess and monitor its effectiveness. 

Voting: Unanimous

Portfolio Holder: Strategic Planning

LGA Special Interest Groups are able to make representations direct to Government and elsewhere on matters arising directly from their special interest, and to obtain LGA assistance in doing so.

The Policy and Performance Team have produced a summary table of the special interest groups that the authority would have an interest in due to geographical, organisational and strategic considerations. (Appendix 1)

The Policy and Performance Team is able to:

·       act as the point of contact for Special Interest Groups,

·       receive the agendas,

·       prepare briefing papers,

·       request items of local interest are added to the agenda as directed,

·       co-ordinate and track responses,

and share learning across organisation as appropriate.

RESOLVED that:-

(a)       Cabinet note the six special interest groups the authority is currently involved in; and

(b)       The Policy and Performance Team make further enquiries and the necessary arrangements for an appropriate Councillor or Officer to be appointed to the necessary SIGs

Voting: Unanimous

Portfolio Holder: Leader of the Council

Reason

To facilitate BCP Council’s involvement in national policy, to increase the authorities lobbying power and the co-ordination of those activities.

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 'E' to these Minutes in the Minute Book.

Cabinet were informed that LGA Special Interest Groups were able to make representations direct to Government and elsewhere on matters arising directly from their special interest, and were able to obtain LGA assistance in doing so.

In relation to this Cabinet were advised that the Policy and Performance Team had produced a summary table of the special interest groups that the authority would have an interest in due to geographical, organisational and strategic considerations, a copy of which had been tabled as Appendix 1 to the report.

Further to this Cabinet were informed that the Policy and Performance Team were able to:

·         act as the point of contact for Special Interest Groups,

·         receive the agendas,

·         prepare briefing papers,

·         request items of local interest are added to the agenda as directed,

·         co-ordinate and track responses,

·         and share learning across organisation as appropriate.

The Leader advised that the groups were assessed on values and outcomes and that there were further groups for which enquires were being made.

The Chairman of the Overview and Scrutiny Board advised that there were other groups which other Members of the Council were currently involved in which weren’t on this list and urged that all Councillors work together, in respect of this the Leader asked if a list could please be circulated so that a collaborative approach could be established.

RESOLVED that:-

a)        Cabinet note the six special interest groups the authority is currently involved in; and

b)        The Policy and Performance Team make further enquiries and the necessary arrangements for an appropriate Councillor or Officer to be appointed to the necessary SIGs

Voting: Unanimous

Portfolio Holder: Leader of the Council

BCP Council is part of several sub-regional and sub-national partnerships involving different directorates and service areas.  Many of the partnerships cover different geographical areas. Recently, new sub-regional and sub-national partnerships have begun to form and are asking BCP Council to be part of them. 

This report sets out the main sub-regional and sub-national partnerships the Council is part of and those that it could have a future interest in, enabling Cabinet to take a strategic view.

Additionally, Cabinet is asked to note that the current intention for BCP Council is to express an interest in membership of the evolving Western Gateway Powerhouse given its strong synergy with the Western Gateway Sub National Transport Body. The above is subject though to Dorset Council formalising its own position so that Dorset as a sub- region is then best placed to benefit from future government infrastructure funding.

RESOLVED that Cabinet:-

(a)            note that subject to confirmation of the alignment of Dorset Council’s formal position, that BCP Cabinet agrees to express an intent to join the Western Gateway Powerhouse and that negotiation of the detailed terms be delegated to the Director of Growth and Infrastructure;

(b)          approve the continuation of support to the sub-regional and sub-national partnerships BCP Council is currently involved in; and

(c)           agrees to delegate to the relevant officers the task of positively exploring each sub-regional and sub-national partnership opportunity as it arises, in line with an agreed set of criteria approved by the relevant portfolio holder(s). 

Voting: Unanimous

Portfolio Holder: Leader of the Council

Reason

For Cabinet to take a strategic view of the sub-regional and sub-national partnerships BCP Council is currently engaged with those that it might have a future interest in, to ensure that these are in line with its vision, plan and priorities.

To secure the opportunity of future government infrastructure funding for Bournemouth, Christchurch and Poole.

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 'F' to these Minutes in the Minute Book.

Cabinet were advised that BCP Council was part of several sub-regional and sub-national partnerships which involved different directorates and service areas, and that many of the partnerships covered different geographical areas. In relation to this Cabinet were informed that recently, new sub-regional and sub-national partnerships had begun to form and that they were asking BCP Council to be part of them. 

In relation to this Cabinet were advised that this report set out the main sub-regional and sub-national partnerships the Council is part of and those that it could have a future interest in, enabling Cabinet to take a strategic view.

Additionally, Cabinet were asked to note that the current intention for BCP Council is to express an interest in membership of the evolving Western Gateway Powerhouse given its strong synergy with the Western Gateway Sub National Transport Body, and that the above is subject though to Dorset Council formalising its own position so that Dorset as a sub- region is then best placed to benefit from future government infrastructure funding.

RESOLVED that Cabinet:-

(a)          note that subject to confirmation of the alignment of Dorset Council’s formal position, that BCP Cabinet agrees to express an intent to join the Western Gateway Powerhouse and that negotiation of the detailed terms be delegated to the Director of Growth and Infrastructure;

(b)          approve the continuation of support to the sub-regional and sub-national partnerships BCP Council is currently involved in; and

(c)          agrees to delegate to the relevant officers the task of positively exploring each sub-regional and sub-national partnership opportunity as it arises, in line with an agreed set of criteria approved by the relevant portfolio holder(s). 

Voting: Unanimous

Portfolio Holder: Leader of the Council

The BCP owned site is currently a staff car park with 27 spaces.

The current proposal presents a new build scheme of 11 apartments and associated parking to be provided on the site.  These homes will help towards imminent new Local Plan housing targets and will also contribute significantly to unmet housing need by delivering Council homes at social rents.

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 'G' to these Minutes in the Minute Book.

Cabinet were informed that the BCP owned site is currently a staff car park with 27 spaces, and that the current proposal presents a new build scheme of 11 apartments and associated parking to be provided on the site. 

In relation to this Cabinet were advised that these homes would help towards imminent new Local Plan housing targets and will also contribute significantly to unmet housing need by delivering Council homes at social rents.

The Chairman of the Overview and Scrutiny Board addressed the Cabinet advising that whilst there were no formal recommendations from the Board that extensive discussion had taken place with regards to the value for money element of the scheme as the cost per unit was more than in the market value.

In respect of this the Portfolio Holder advised that if the land was simply sold on and developed outside of the Council that it would not achieve the social rented housing that this scheme would provide.

RECOMMENDED that:-

1.     the proposed £2.369m housing scheme be approved for progression to Council for subsequent approval request:

a.               Approval to tender, commencement and completion of build subject to the conditions set out in the Financial Strategy and authorises the Corporate Director for Environment and Community to approve necessary appropriations and contractual and legal agreements in consultation with the Monitoring Officer and Chief Finance Officer.

b.               Approve the financial strategy for the scheme as set out in paragraphs 30 to 52 with specific approval for:

i)     The appropriation of land from the General Fund to the Housing Revenue Account (HRA) to enable the development of the Council housing valued at £350k.

ii)   £815k of prudential borrowing to be repaid over 50 years used to finance the Housing Revenue Account (HRA) social rented homes.

iii)   The capping of rental income to Social Rent levels.

c.               the Section 151 Officer be authorised in consultation with the Portfolio Holder for Finance to determine the detailed funding arrangements.

d.               the Corporate Property Officer be authorised in consultation with the Monitoring Officer to agree the detailed contract provisions and to approve entry into the final form agreements.

Voting: Unanimous

Portfolio Holder: Housing

To present the Youth Justice Plan for 2020/21. There is a statutory requirement to publish an annual Youth Justice Plan which must provide specified information about the local provision of youth justice services. This report summarises the Youth Justice Plan for 2020/21, with a copy of the Plan appended. The Youth Justice Plan needs to be approved by the full Council.

The Portfolio Holder for Children and Families 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 were requested to endorse the Youth Justice Plan for 2020/21, and in relation to this were advised that there was a statutory requirement to publish an annual Youth Justice Plan which must provide specified information about the provision of youth justice services. In relation to this the Portfolio Holder advised that the report had on this occasion been delayed due to priorities relating to COVID, and that as a result a number of the actions to support the plan were already underway.

RECOMMENDED that the Youth Justice Plan be forwarded to Full Council for approval.

Voting: Unanimous

Portfolio Holder: Children and Families

Grant Thornton resigned with effect from 4 June 2020 as the auditors for the wholly owned council companies, Bournemouth Building and Maintenance Limited (BBML) and Seascape Group Limited (SGL) including its subsidiaries.

While Grant Thornton will continue as BCP Council’s external auditors, they have stated it is not operationally efficient for them to continue as the companies’ auditors as a different audit team was required to the local public sector audit team.

A new auditor must therefore be appointed for the companies and a procurement exercise has been conducted.

It is a requirement of the Shareholders Agreement for both BBML and SGL that authority is sought from the council as sole shareholder for the appointment of a new auditor.

Company audits must be carried out in accordance with UK Generally Accepted Accounting Practice and applicable Financial Reporting Standards. The proposed auditor, Hixsons Limited, was selected as they supplied the most cost effective quote to comply with these requirements.

RESOLVED that the appointment of Hixsons Limited as the external auditor for Bournemouth Building and Maintenance Limited (BBML) and Seascape Group Limited (SGL) be approved.

Voting: Unanimous

Portfolio Holder: Finance

Reason

It is a requirement on the companies to provide audited accounts in accordance with Section 475 of the Companies Act 2006.

It is a requirement of the Shareholders agreement for both BBML and SGL that authority is sought from the council as sole shareholder for the appointment of a new auditor.

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 'I' to these Minutes in the Minute Book.

Cabinet were advised that Grant Thornton had resigned with effect from 4 June 2020 as the auditors for the wholly owned council companies, Bournemouth Building and Maintenance Limited (BBML) and Seascape Group Limited (SGL) including its subsidiaries, and that while Grant Thornton will continue as BCP Council’s external auditors, they have stated it is not operationally efficient for them to continue as the companies’ auditors as a different audit team was required to the local public sector audit team.

In relation to this Cabinet were informed that a new auditor must therefore be appointed for the companies and that a procurement exercise had been conducted. Further to this Cabinet were advised that it is a requirement of the Shareholders Agreement for both BBML and SGL that authority is sought from the council as sole shareholder for the appointment of a new auditor.

In concluding the Portfolio Holder advised that company audits must be carried out in accordance with UK Generally Accepted Accounting Practice and applicable Financial Reporting Standards, and that the proposed auditor, Hixsons Limited, had been selected as they supplied the most cost effective quote to comply with these requirements.

RESOLVED that the appointment of Hixsons Limited as the external auditor for Bournemouth Building and Maintenance Limited (BBML) and Seascape Group Limited (SGL) be approved.

Voting: Unanimous

Portfolio Holder: Finance

To approve the advertisement of changes to the Traffic Regulations Order (TRO) to enable the Lansdowne Programme to be implemented and to approve the general TRO process for future BCP schemes.

RESOLVED that:-

(a)           the changes to traffic regulations orders outlined in Appendix 1 to the report are advertised and implemented if no objections are received; and

(b)           the general TRO approval process shown in Appendix 2 of the report be approved.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

Reason

To advertise new restrictions for the delivery of the council’s Lansdowne Programme.

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 'J' to these Minutes in the Minute Book.

Cabinet were requested to consider approval to advertise new restrictions for the delivery of the council’s Lansdowne Programme, and to approve the advertisement of changes to the Traffic Regulations Order (TRO) to enable the Lansdowne Programme to be implemented and to approve the general TRO process for future BCP schemes.

The Chairman of the Overview and Scrutiny Board addressed the Cabinet advising that at their recent meeting the Board resolved to make the following recommendation to Cabinet in respect of this item:

The Overview and Scrutiny Board recommend to Cabinet that in light of the significant changes to the proposed scheme, that Cabinet seriously consider whether the benefits of the revised scheme outweigh the negatives, particularly around implications to vehicle travel and car travel times.

The Portfolio Holder thanked the Chairman of the Overview and Scrutiny Board for the Boards recommendation but highlighted that pausing and doing nothing was not an option at this time, and that we needed to now move forwards and progress as per the recommendations on the paper.

Further to this the Leader advised that this paper had been considered by the Dorset LEP the previous week who had confirmed that they were content with the report.

RESOLVED that:-

(a)          the changes to traffic regulations orders outlined in Appendix 1 to the report are advertised and implemented if no objections are received; and

(b)          the general TRO approval process shown in Appendix 2 of the report be approved.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

The number of children and young people assessed as requiring a place at a specialist education provision in the BCP area has increased in recent years.  Local provision to meet these needs is of high quality, but capacity has not been expanded sufficiently to meet this additional demand.   As a result, increased use has had to be made of local Independent and Non-Maintained special schools which are comparatively expensive and often located outside of the BCP area.  The result of this has been significant pressure on the school Transport budgets. In partnership with the BCP community of schools, a range of proposals have been developed to increase capacity and create new provision to meet the needs of these pupils and these were reported to Cabinet in the paper ‘Capital Investment to Increase Special Educational Needs Capacity’ on 22 April 2020. 

Processes for changes to maintained schools are prescribed by the Department for Education. This report provides details of such changes for three maintained community schools. The request to implement these changes is being made with the support of all three schools involved with the changes.

RESOLVED that:-

(a)           the changes proposed for the following schools are agreed:

i.               Winchelsea Special School

ii.             Linwood Special School

iii.            Somerford Primary School

(b)           in the case of Somerford Primary School that approval be given to apply to the Office of the Schools Adjudicator to vary the admission arrangements from September 2021  

Voting: Unanimous

Portfolio Holder: Children and Families

Reason

To enable the creation of additional capacity within BCP Council maintained schools to meet the assessed educational needs of children and young people and reduce pressure on the High Needs Budget.

The Council are the authority for approving these significant changes to maintained schools.

The Portfolio Holder for Children and Families 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 advised that the number of children and young people assessed as requiring a place at a specialist education provision in the BCP area had increased in recent years, and that local provision to meet these needs is of high quality, but capacity has not been expanded sufficiently to meet this additional demand.  

Further to this Cabinet were informed that as a result, increased use has had to be made of local Independent and Non-Maintained special schools which are comparatively expensive and often located outside of the BCP area, the result of this has been significant pressure on the school Transport budgets.

In respect of this Cabinet were informed that in partnership with the BCP community of schools, a range of proposals had been developed to increase capacity and create new provision to meet the needs of these pupils and these were reported to Cabinet in the paper ‘Capital Investment to Increase Special Educational Needs Capacity’ on 22 April 2020.  And that processes for changes to maintained schools are prescribed by the Department for Education.

In concluding the Portfolio Holder highlighted that this report provided details of such changes for three maintained community schools, and that the request to implement these changes is being made with the support of all three schools involved with the changes.

RESOLVED that:-

a.            the changes proposed for the following schools are agreed:

i.             Winchelsea Special School

ii.            Linwood Special School

iii.          Somerford Primary School

b.            in the case of Somerford Primary School that approval be given to apply to the Office of the Schools Adjudicator to vary the admission arrangements from September 2021  

Voting: Unanimous

Portfolio Holder: Children and Families

To obtain permission to permit an Order to protect the path from Forest Road to Ormonde Road as a Public Footpath

RESOLVED that permission be granted to create an order to record the unprotected footpath as a Public Right of Way.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

Reason

It is a legal duty for all surveying authorities to make and maintain a Definitive Map and Statement for their area, to continually survey the area for possible Public Rights of Way, and to make Orders upon the discovery of evidence that a Public Right of Way has arisen from long use. Public Rights of Way can come into being for various legal reasons, however most commonly it is through statutory inference of dedication. In plain terms, if a path has been walked by the public uninterrupted for a period of 20 years, and the use has been without force, without deception and without having been granted a specific express permission from the landowner, then they acquire a right to pass and repass.

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 'L' to these Minutes in the Minute Book.

Cabinet were requested to grant permission to permit an Order to protect the path from Forest Road to Ormonde Road as a Public Footpath.

In relation to this Cabinet were advised that there had been no objections received during the public consultation.

RESOLVED that permission be granted to create an order to record the unprotected footpath as a Public Right of Way.

Voting: Unanimous

Portfolio Holder: Transport and Infrastructure

In relation to the items of business appearing below, the Committee is asked to consider the following resolution: -

‘That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 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.’

RESOLVED that under Section 100 (A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items 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.

The report looks at the impact of COVID-19 on the provision of leisure and cultural services in Bournemouth.

It is RESOLVED that Cabinet :-

(a)          Approves in principle to recommend to Council a package of financial support for BH Live in 2020/21, to assist them in managing the exceptional impact of COVID-19;

(b)          Approves that a working group be set up, the makeup of which be determined by the Leader and the Chairman of the O & S Board to review the support which is appropriate to be provided to BH Live including consideration of alternative options to those recorded within the report;

(c)          Approves that any support package is subject to conditions to be finalised by the working group including those as set out within the reports and also including the requirement to ensure that BH Live use best endeavours to seek funding from all available alternative providers in preference to seeking funding from the Council;

(d)          Approves that consideration is given specifically to the terms of any loan provided by HSBC that may impact upon the council;

(e)          Agrees in principle to recommend to Council the outcomes of the working group’s deliberations;

(f)           Approves that external legal support commence the drafting of the legal agreement; and

(g)          If necessary in order to protect the interests of the Council supports the Chief Executive in exercising his delegated authority to make an urgent decision to determine the package of aid to be provided to BH Live. This decision to be taken following consultation with the Leader, relevant portfolio holders, the working group, chief finance officer and monitoring officer.

Voting: Unanimous

Portfolio Holder: Finance

Reason

Closure of these facilities would have a detrimental effect on the ability to deliver the Councils’ corporate plan priorities and in particular on the well-being agenda.

The financial support package recognises the exceptional circumstances brought about by the ongoing COVID-19 crisis and the severe impact that recent facility closures have had on BH Live.

The aim of the package is to help ensure that BH Live can continue to deliver services in the future and avoid the likely service disruption and significant cost to the Council should they become insolvent.

Councils across the UK are facing similar issues and costs in supporting leisure providers to deliver facilities and services which have a significant impact on the local economy, health & well-being and culture. It is estimated that up to half of all public leisure facilities could close by the end of the year without support and a significant proportion of charitable trusts have very tight operating margins and only small cash reserves to keep them afloat without fee incomes. (LGA July 2020).

This item was restricted by virtue of paragraph(s) 3 of Part 1 of Schedule 12A of the Local Government Act 1972.

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 'M' to these Minutes in the Minute Book.

Exempt Information – Category 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information)

The report looks at the impact of COVID-19 on the provision of leisure and cultural services in Poole.

RESOLVED that Cabinet:-

(a)           Notes that leisure centre closures due to COVID-19 have placed significant financial pressures on SLM and that BCP Council is contractually obligated to provide revenue support;

(b)           Commits to underwrite up to £953k in revenue support for SLM for BCP Council venues;

(c)           The financial support in (b) is subject to the conditions set out within the report and a commitment from SLM to limit the level of support required wherever possible; and

(d)           Delegates to the Chief Executive, Chief Finance Officer and Monitoring Officer the final terms and conditions of any payment consistent with (b) above.

Voting: Unanimous

Portfolio Holder: Finance

Reason

The financial support proposed within this report recognises the exceptional circumstances brought about by the ongoing COVID-19 crisis and the severe impact that facility closures have had over recent months.

The Council is obligated under the terms of the contract to compensate SLM for revenue losses brought about by the current situation.

SLM have lost nearly £300k a month turnover on BCP venues in Poole and funding support will help ensure that the centres can reopen as soon as possible after 25 July 2020.

Continued closure of these facilities would have a detrimental effect on the ability to deliver the Councils’ corporate plan priorities and in particular, on the well-being agenda. Councils across the UK are facing similar issues and costs in supporting leisure providers to deliver facilities and services which have a significant impact on the local economy, health & well-being and culture. Half of all public leisure facilities could close by the end of the year without support (LGA July 2020).

This item was restricted by virtue of paragraph(s) 3 of Part 1 of Schedule 12A of the Local Government Act 1972.

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 'N' to these Minutes in the Minute Book.

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

The Leader advised that the latest Cabinet Forward Plan had been published on the Council’s website.