Agenda, decisions and minutes

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.

There were no declarations of interest made on this occasion.

There were no declarations of interest made on this occasion.

To confirm and sign as a correct record the minutes of the Meeting held on 23 June 2021.

The Minutes of the Cabinet meeting held on 23 June 2021 were confirmed and signed as a correct record.

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 4 clear working days before the meeting.

The deadline for the submission of a statement is midday the working day before the meeting.

The deadline for the submission of a petition is 10 working days before the meeting.

The Leader advised that there had been no petitions received on this occasion but that a question had been submitted by a Member of the Public in relation to Agenda Items 6 (Council Highway Inspection Policy) and 9 (BCP Local Plan Issues and Options Consultation) and that two statements had been submitted from Members of the Public in relation to Agenda Item 8 (2020/21 Quarter 4 Performance Report) and Agenda Item 9 (BCP Local Plan Issues and Options Consultation).

Question from Soo Chapman

Agenda Item 9 Local Plan objectives need updating. They are aspirational but meaningless given the unambitious "carbon neutrality ahead of 2050" statement. Clearly the "wide range of evidence" gathered at the public consultation is out of date regarding   impacts now visibly accelerating as climate approaches dangerous tipping points and feed-back loops significantly earlier than anticipated. An existential threat. 

Agenda Item 6 The Decision Impact Statement Final Report (Highway Inspection Policy) admits the proposal does not account for the potential impacts of climate change (flooding, storms, heatwaves).

How will BCP inform, incentivise, and motivate residents through the diminishing window of survivability before our home planet becomes uninhabitable?

Response by the Portfolio Holder for Regeneration, Economy and Strategic Planning

I would like to thank Mrs Chapman for her question. National planning policy requires that local plans contribute to climate change mitigation and adaptation, whilst planning for development that the area needs. We recognise the role that the Local Plan has in influencing a range of measures to reduce carbon emissions contributing towards meeting both national and local net zero carbon targets. The objective on climate change sets the scene - to adopt a proactive strategy to tackle climate change impacts - whilst other objectives set the overarching approach to promoting a sustainable pattern of development that will be key to reducing carbon emissions.

A range of policy options identified in the draft plan will be developed further to form detailed policies that on implementation will contribute to the aim of carbon neutrality. For example, promoting a brownfield-first approach to development that maximises urban potential in sustainable locations, energy efficiency in buildings, reducing the need to travel, supporting accessible local commercial centres, promoting green infrastructure, and promoting cycling and walking routes and facilities. We have also recently reviewed our car parking standards to promote lower car use in sustainable locations.

But all that comes next. First, we want to hear the views of the community and encourage people to engage in the local plan consultation process to make their thoughts known about these key issues that will shape the future of BCP.

Response from the Portfolio Holder for Environment, Cleansing and Waste

I would like to thank Mrs Chapman for her question. The proposed Inspection Policy seeks to harmonise BCP Council’s response to the national code of practice for Well Managed Highway Infrastructure which is concerned with identifying immediate safety defects on the highway network rather than network improvements and changes which would allow for a response to wider factors  ...  view the full minutes text for item 29.

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

Cabinet was 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.

To seek approval of BCP Council’s harmonised Highway Inspection Policy to ensure the council meets its responsibilities in line with the Code of Practice ‘Well managed highway infrastructure’ 2016.

The developed Highway Inspection Policy is the primary evidence used by the authority in any defence against third party claims on the highway, under Section 41 or 58 of the Highways Act 1980.

Highway safety inspections are designed to ensure the network is safe and routinely checked for defects, which may have the potential to create injury or disruption to users of the highway network. The current Code of Practice recommends that the safety inspection and defect repair regimes should be based on risk, in accordance with local needs, context and priorities. There are no longer prescriptive or minimum standards published at which an authority should intervene and repair a defect. It is for local authorities to determine appropriate levels of service and be able to demonstrate clearly what has informed that approach.

RESOLVED that: -

(a)           the proposed Highway Inspection Policy as set out in Appendix 1 aligned to the Code of Practice ‘Well managed Highway Infrastructure’ be approved; and

(b)           the Director of Environment in consultation with the Director of Finance and Portfolio Holder for Environment be delegated to make operational adjustments to the Policy because of Code of Practice amendments and/or risks identified with the Councils insurers.

Voting: Unanimous

Portfolio Holder: Environment, Cleansing and Waste

Reason

To provide and consolidate a unified approach to Highway Inspections across the BCP Council geographical area in accordance with the published Code of Practice.

The Highway Inspection Policy is a live document that will be monitored on a continual basis. Refining our approach and revising the document is inevitable and by delegating authority to the Service Director for Environment in consultation with the Portfolio Holder for Environment will enable necessary changes to be made swiftly.

The Portfolio Holder for Environment, Cleansing and Waste 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 was asked to approve BCP Council’s harmonised Highway Inspection Policy to ensure the council meets its responsibilities in line with the Code of Practice ‘Well managed highway infrastructure’ 2016.

In relation to this Cabinet was advised that the developed Highway Inspection Policy is the primary evidence used by the authority in any defence against third party claims on the highway, under section 41 or 58 of the Highways Act 1980.

Further to this Cabinet was informed that highway safety inspections are designed to ensure the network is safe and routinely checked for defects, which may have the potential to create injury or disruption to users of the highway network. In addition, Cabinet was informed that the current Code of Practice recommends that the safety inspection and defect repair regimes should be based on risk, in accordance with local needs, context and priorities. There are no longer prescriptive or minimum standards published at which an authority should intervene and repair a defect. It is for local authorities to determine appropriate levels of service an be able to demonstrate clearly what has informed that approach.

RESOLVED that: -

(a)           the proposed Highway Inspection Policy as set out in Appendix 1 aligned to the Code of Practice ‘Well managed Highway Infrastructure’ be approved; and

(b)           the Director of Environment in consultation with the Director of Finance and Portfolio Holder for Environment be delegated to make operational adjustments to the Policy because of Code of Practice amendments and/or risks identified with the Councils insurers.

Voting: Unanimous

Portfolio Holder: Environment, Cleansing and Waste

The Equality and Diversity Annual report provides an update on how the council is progressing with embedding equality and diversity in the way it plans, develops, and delivers services and in discharging its public sector equality duty.

The report sets out the Equality Footprint which reinforces the commitments to equality expressed in the council’s corporate strategy and the vision of the Big Plan.

The report also identifies some of the actions the council needs to take to realise the ambitions of the Equality Footprint and to achieve the excellence level of the Equality Framework for Local Government.

RESOLVED that Cabinet: -

(a)          noted the progress with Equality & Diversity for 2020/21;

(b)           supported the introduction of the Independent Observer role in recruitment process and support the necessary changes to HR recruitment policy;

(c)           supported the adoption of the equality footprint; and

(d)           noted the steps the council must take to realise its equality ambitions and to achieve the excellence level of the EFLG.

Voting: Unanimous

Portfolio Holder: Leader of the Council

Reason

The council has a duty to consider how their policies, practice, and decision- making processes affect people who are protected by the Equality Act 2010.

Failure to comply with the Public Sector Equality Duty could have significant legal and financial implications for the council and individuals.

This report should give Cabinet assurance that the council is taking positive steps to discharge this duty and that its future ambitions for equality will continue to help the council ensure this.

The Leader 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 was informed that the Equality and Diversity Annual report provided an update on how the council is progressing with embedding equality and diversity in the way it plans, develops, and delivers services and in discharging its public sector equality duty, and that further to this the report sets out the Equality Footprint which reinforces the commitments to equality expressed in the council’s corporate strategy and the vision of the Big Plan.

In addition, Cabinet was advised that the report also identified some of the actions the council needs to take to realise the ambitions of the Equality Footprint and to achieve the excellence level of the Equality Framework for Local Government.

Thanks, were expressed to those who had been involved in work surrounding the report.

RESOLVED that Cabinet: -

(a)          noted the progress with Equality & Diversity for 2020/21;

(b)           supported the introduction of the Independent Observer role in recruitment process and support the necessary changes to HR recruitment policy;

(c)           supported the adoption of the equality footprint; and

(d)           noted the steps the council must take to realise its equality ambitions and to achieve the excellence level of the EFLG.

Voting: Unanimous

Portfolio Holder: Leader of the Council

This report provides an overview of performance against the priorities set out in the Corporate Strategy for the financial year 2020/21.

It has been informed by the basket of measures agreed as part of the creation of the delivery plans for 2020/21, for each of the council priorities.

Year one of BCP Council was used to collect baseline performance data and this has been used to set performance targets and intervention levels.

Quarter 4 performance has been reported against these and informs the RAG ratings for each of the measures. It is presented across interactive performance dashboards for each of the council priorities.

Performance against the priorities is generally strong with only eight of the performance measures requiring action. These are addressed in more detail in exception reports, attached as appendix 2 to the report.

RESOLVED that Cabinet: -

(a)        noted the end of year performance;

(b)        considered the attached exception reports relating to areas of current adverse performance; and

(c)        advised of any amendments, deletions or additions to the performance indicator set that informs corporate performance

Voting: Unanimous

Portfolio Holder: Leader of the Council

Reason

An understanding of performance against target, goals and objectives will help the Council understand and manage service delivery and identify emerging business risks.

The Leader 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 was advised that the report provided an overview of performance against the priorities set out in the Corporate Strategy for the financial year 2020/21, and that the report has been informed by the basket of measures agreed as part of the creation of the delivery plans for 2020/21, for each of the council priorities.

In relation to this Cabinet was informed that Year one of BCP Council was used to collect baseline performance data and this has been used to set performance targets and intervention levels, and that Quarter 4 performance has been reported against these and informs the RAG ratings for each of the measures. It is presented across interactive performance dashboards for each of the council priorities.

Further to this Cabinet was advised that performance against the priorities is generally strong with only eight of the performance measures requiring action. These are addressed in more detail in exception reports, attached as appendix 2 to the report.

The Chairman of the Overview and Scrutiny Board addressed the Cabinet advising that the Board would welcome receiving regular updates on performance.

RESOLVED that Cabinet: -

(a)        noted the end of year performance;

(b)        considered the attached exception reports relating to areas of current adverse performance; and

(c)        advised of any amendments, deletions or additions to the performance indicator set that informs corporate performance

Voting: Unanimous

Portfolio Holder: Leader of the Council

The report seeks approval to undertake public consultation on the BCP Local Plan Issues and Options Draft.

An Initial Local Plan Issues and Call for site’s consultation was undertaken in late 2019, this draft now identifies particular planning issues that need considering and suggests options to address those issues.

The consultation will seek the public and other stakeholders views on regenerating our town centres, meeting our housing and employment needs, managing the natural and built environment, promoting health and well-being, tackling climate change, reducing the need to travel and infrastructure provision. However, at this stage in the plan making process no decision is being made on detailed policy wording or development site allocations.

Following receipt of stakeholder representations the plan will be refined to form the Regulation 19 ‘local plan submission draft’ that will be submitted to the Planning Inspectorate for public examination during 2022.  

This consultation will take place under Regulation 18 of the Planning and Compulsory Purchase Act 2004 (as amended) and Town and Country Planning Regulations (Local Planning) 2012 (as amended).

The Local Plan once formally adopted will form the statutory development plan (along with neighbourhood plans) for BCP and will be used to determine planning applications.

RESOLVED that: -

(a)           the BCP Local Plan Issues and Options Consultation Draft be approved for a minimum of 8 weeks public consultation in accordance with Regulation 18 of the Local Planning Regulations; and

(b)           Cabinet delegate authority to the Head of Planning in consultation with the Portfolio Holder for Regeneration, Economy and Strategic Planning to make changes necessary to the plan prior to release for public consultation. Prior to the release of the plan for public consultation the Head of Planning and Portfolio Holder will take into account any recommendation from the Overview and Scrutiny Local Plan Working Group once they have met to consider the findings of the Local Housing Needs Assessment.

Voting: Unanimous

Portfolio Holder: Regeneration, Economy and Strategic Planning

Reason

An up to date local plan will be essential for BCP in planning for future growth in a sustainable manner. Having an up to date planning framework reflecting current national policy will be more robust in determining planning applications and more efficient in terms of implementation through decisions on planning applications.

Public consultation is a key part of local plan preparation, feedback from the public and stakeholders will be considered in preparing the more formal regulation 19 submission local plan.

The Portfolio Holder for Regeneration, Economy and 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 to undertake public consultation on the BCP Local Plan Issues and Options Draft.

In relation to this Cabinet was advised that an Initial Local Plan Issues and Call for site’s consultation was undertaken in late 2019, and that this draft now identifies particular planning issues that need considering and suggests options to address those issues.

Further to this Cabinet was informed that the consultation will seek the public and other stakeholders views on regenerating our town centres, meeting our housing and employment needs, managing the natural and built environment, promoting health and well-being, tackling climate change, reducing the need to travel and infrastructure provision. However, at this stage in the plan making process no decision is being made on detailed policy wording or development site allocations.

Cabinet was advised that following receipt of stakeholder representations the plan will be refined to form the Regulation 19 ‘local plan submission draft’ that will be submitted to the Planning Inspectorate for public examination during 2022.  

Cabinet was further advised that this consultation will take place under Regulation 18 of the Planning and Compulsory Purchase Act 2004 (as amended) and Town and Country Planning Regulations (Local Planning) 2012 (as amended).

In addition, Cabinet was informed that the Local Plan once formally adopted will form the statutory development plan (along with neighbourhood plans) for BCP and will be used to determine planning applications.

The Chairman of the Overview and Scrutiny Board addressed the Cabinet advising that the Board had had a robust discussion around the term ‘city region’ and that the majority of the Board had agreed the subsequent recommendation from the Board on this matter.

In relation to this the Chairman of the Overview and Scrutiny Board advised that at their recent meeting the Board had resolved to accept the recommendations from the Local Plan Working Group and to make the following recommendation to Cabinet in respect of this item.

1. That the word “city” be removed from the document so that the vision states, “We aim for Bournemouth, Christchurch and Poole to be the UK’s newest region, brimming with prospects, positivity and pride.”

2.    That, to Reflect the Portfolio Holder’s statement at Full Council on 22 June 2021 in response to a question regarding the use of the Standard Method’s 2014 data, Cabinet should await the initial findings of the Housing Needs Assessment, which will then be considered at a further meeting of the Local Plan Working Group, before the Issues and Options document is put out to consultation.  The HNA will provide vital information to feed into the consultation relating to housing need within BCP. Cabinet will delegate any changes to the local plan consultation document to the Head of Planning and the Portfolio Holder, taking into account any recommendation from  ...  view the full minutes text for item 34.

The council’s housing stock within the Housing Revenue Account (HRA) is situated within the Bournemouth and Poole neighbourhoods and comprises 9,592 owned properties (5,080 in Bournemouth and 4,512 in Poole) and 1,139 leasehold properties (as at 1 April 2021).

Council housing within the Bournemouth neighbourhood is managed in-house within the officer structure of the housing service unit.  Poole Housing Partnership (PHP) is an Arm’s Length Management Organisation (ALMO), a wholly owned company, and manages the council housing in the Poole neighbourhood whilst BCP Council retains ownership and ultimate responsibility.

This report sets out the national policy context for council housing and proposes some core objectives to guide future delivery.

This report presents the council’s strategic key drivers for service delivery in this area and, measuring these against the various governance options, proposes a preferred model for housing management in the future. 

It is recommended that the council should align and create a new combined hybrid service, the ‘best of both worlds’, within the council.

It is recommended that the new combined in-house hybrid service has a robust ‘advisory board’, providing oversight, expertise and informed advice.  A number of other councils, including some which have recently changed from an ALMO model, have similarly set up or are considering setting up an advisory board to ensure robust visibility and monitoring for continued good service delivery.

The report requests approval to commence extensive consultation with residents and other stakeholders over summer and autumn 2021 to help determine implementation. 

RESOLVED that: -

(a)         The proposed objectives of a new combined service within the council:

(b)         The preferred governance model for a new combined hybrid service within the council overseen by an advisory board:

(c)         The outline principles of governance arrangements for the advisory board: and

(d)         The commencement of extensive consultation with all council housing tenants/leaseholders and other stakeholders on the preferred model and the future nature of services to be delivered.

Voting: Unanimous

Portfolio Holder: Homes

Reason

The alignment of the housing management services is necessary to meet the council’s overarching alignment agenda and emerging transformation strategy, with the outcome of delivering excellent services for our council housing tenants and leaseholders.

The Portfolio Holder for Homes 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 was advised that the council’s housing stock within the Housing Revenue Account (HRA) is situated within the Bournemouth and Poole neighbourhoods and comprises 9,592 owned properties (5,080 in Bournemouth and 4,512 in Poole) and 1,139 leasehold properties (as at 1 April 2021). In relation to this Cabinet was informed that council housing within the Bournemouth neighbourhood is managed in-house within the officer structure of the housing service unit, and that  Poole Housing Partnership (PHP) is an Arm’s Length Management Organisation (ALMO), a wholly owned company, and manages the council housing in the Poole neighbourhood whilst BCP Council retains ownership and ultimate responsibility.

Cabinet was advised that the report sets out the national policy context for council housing and proposes some core objectives to guide future delivery and presents the council’s strategic key drivers for service delivery in this area and, measuring these against the various governance options, proposes a preferred model for housing management in the future. 

Further to this Cabinet was informed that it is recommended that the council should align and create a new combined hybrid service, the ‘best of both worlds’, within the council, and that it is recommended that the new combined in-house hybrid service has a robust ‘advisory board’, providing oversight, expertise and informed advice.  A number of other councils, including some which have recently changed from an ALMO model, have similarly set up or are considering setting up an advisory board to ensure robust visibility and monitoring for continued good service delivery.

The report sought approval to commence extensive consultation with residents and other stakeholders over summer and autumn 2021 to help determine implementation.

The Chairman of the Overview and Scrutiny Board addressed the Cabinet and advised that at their recent meeting the Board had been largely supportive of the report.

RESOLVED that: -

(a)         The proposed objectives of a new combined service within the council:

(b)         The preferred governance model for a new combined hybrid service within the council overseen by an advisory board:

(c)         The outline principles of governance arrangements for the advisory board: and

(d)         The commencement of extensive consultation with all council housing tenants/leaseholders and other stakeholders on the preferred model and the future nature of services to be delivered.

Voting: Unanimous

Portfolio Holder: Homes

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, and that the next publication was due on the 3 August.

The Democratic Services Officer reported that in addition to the Forward Plan that three recent decisions had been taken by the Chief Executive under urgency provisions in accordance with the Constitution, these being:-

-       Urgent Sustainable Fleet Replacement Procurement

-       Covid Local Support Grant – extension to end of September 2021

-       Additional Restrictions Grant (ARG4)

Cabinet was advised that the decisions had been published on the Councils website and that a standard item would be included on future Cabinet agendas for the purposes of reporting urgent decisions taken, if any.