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.

The Leader Councillor D Mellor advised that in relation to Minute No. 17 (BCP FuturePlaces Ltd – Revised business plan and funding mechanism) that he was a board director with FuturePlaces, and so declared an interest. In relation to this however the Leader advised that he had been provided with a dispensation from the Chief Executive to be able to participate in the discussion and voting thereon.

The Deputy Leader Councillor P Broadhead advised that in relation to this item he was also an unpaid director on FuturePlaces on behalf of the council and declared an interest and advised that he had also been provided with a dispensation from the Chief Executive to be able to participate in the discussion and voting thereon.

Councillor B Dove declared a non-pecuniary interest in Minute No. 18 (Home to School Transport) and refrained from voting on this item.

To confirm and sign as a correct record the minutes of the Meeting held on 25 May 2022.

The Minutes of the meeting held on 25 May 2022 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/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

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 questions, statements or petitions received from members of the public on this occasion.

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

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

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 2021/22.  

The general fund revenue outturn is a surplus of £6.8 million for the year, of which £3.3 million has already been allowed for in the budget for 2022/23.  It is proposed that the balance of £3.5 million is transferred to the financial resilience reserve to mitigate the emerging in-yearcost of living inflationary pressures. The position compared with quarter three reflects faster income recovery after Covid and higher expenditure savings, with some efficiencies now recognised from the transformation programme.

This improvement has meant that resources previously earmarked to support net overspending across services can instead be carried forward to support the cost of living crisis and medium term financial plan (MTFP). The statutory requirements are that the council undertakes prudent financial planning as evidenced by   delivery of a highly positive outturn   

RECOMMENDED that Council: -

(a)    approve that the final revenue surplus for the year of £6.8 million is added to financial resilience reserve with the extra £3.5m not assumed in the 2022/23 budget being used to mitigate the emerging inflationary cost of living pressures; and

(b)    approve the capital virement as set out in paragraph 97.

RESOLVED that Cabinet: -

(c)    approves the capital virements to accept new government grants as set out in paragraph 96.

Voting: Unanimous

Portfolio Holder: Leader of the Council

Reason

·     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 comply with the council’s financial regulations regarding budget virements and the acceptance of new grants

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 'A' to these Minutes in the Minute Book.

Cabinet was advised that the 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 2021/22.  

In relation to this Cabinet was informed that the general fund revenue outturn is a surplus of £6.8 million for the year, of which £3.3 million has already been allowed for in the budget for 2022/23, and that it is proposed that the balance of £3.5 million is transferred to the financial resilience reserve to mitigate the emerging in-yearcost of living inflationary pressures.

Cabinet was advised that the position compared with quarter three reflects faster income recovery after Covid and higher expenditure savings, with some efficiencies now recognised from the transformation programme, and that this improvement has meant that resources previously earmarked to support net overspending across services can instead be carried forward to support the cost-of-living crisis and medium-term financial plan (MTFP).

Cabinet was further informed that the statutory requirements are that the council undertakes prudent financial planning as evidenced by delivery of a highly positive outturn.

The Chairman of the Corporate and Community Overview and Scrutiny Committee addressed the Cabinet advising that at their recent meeting the Committee had extensively discussed the report but had proposed no formal recommendations. 

RECOMMENDED that Council: -

(a)    approve that the final revenue surplus for the year of £6.8 million is added to financial resilience reserve with the extra £3.5m not assumed in the 2022/23 budget being used to mitigate the emerging inflationary cost of living pressures; and

(b)    approve the capital virement as set out in paragraph 97.

RESOLVED that Cabinet: -

(c)    approves the capital virements to accept new government grants as set out in paragraph 96.

Voting: Unanimous

Portfolio Holder: Leader of the Council

This report:

·     Presents the latest medium-term financial plan (MTFP) of the council to reflect government announcements since the February 2022 budget report and updated assumptions.

·      Proposes a financial strategy to support the delivery of a legally balanced budget for 2023/24. 

·      Proposes a budget planning process and timeline for key financial reports.

·      Recognises the positive outturn from the 21/22 financial year end, the impact of the cost-of-living crisis, and the improvement in some of the key risk areas as identified in the setting of the 22/23 budget.

RECOMMENDED that Council approve the second homes premium and revisions to empty homes premium subject to their confirmation via the Levelling Up and Regeneration Bill.

RESOLVED that Cabinet: -

(a)     endorsed the updated MTFP position as set out in paragraph 15;

(b)    approved the financial strategy as referenced in paragraph 21;

(c)     acknowledged the cost of living and other operating pressures likely to impact in 2022/23 and future years;

(d)    acknowledged the potential mitigation strategy in respect of cost of living and 2022/23 financial pressures; and

(e)     approved the timeline for key financial reports during 2022/23 as set out in appendix A.

Voting: Unanimous

Portfolio Holder: Leader of the Council

Reason

To comply with accounting codes of practice and best practice which require councils to have a rolling multi-year medium term financial plan.

To provide Cabinet with the latest high-level overview of the medium-term financial plan.

To present a proposed financial strategy to support the delivery of a balanced budget for 2022/23.

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 advised that the report presented the latest medium-term financial plan (MTFP) of the council to reflect government announcements since the February 2022 budget report and updated assumptions.

Further to this Cabinet was informed that the report proposed a financial strategy to support the delivery of a legally balanced budget for 2023/24 and a budget planning process and timeline for key financial reports.

In addition, the report recognised the positive outturn from the 21/22 financial year end, the impact of the cost-of-living crisis, and the improvement in some of the key risk areas as identified in the setting of the 22/23 budget.

The Chairman of the Corporate and Community Overview and Scrutiny Committee addressed the Cabinet advising that at their recent meeting the Committee had had a long discussion on borrowing but had made no formal recommendations.

RECOMMENDED that Council approve the second homes premium and revisions to empty homes premium subject to their confirmation via the Levelling Up and Regeneration Bill.

RESOLVED that Cabinet: -

(a)     endorsed the updated MTFP position as set out in paragraph 15;

(b)    approved the financial strategy as referenced in paragraph 21;

(c)     acknowledged the cost of living and other operating pressures likely to impact in 2022/23 and future years;

(d)    acknowledged the potential mitigation strategy in respect of cost of living and 2022/23 financial pressures; and

(e)     approved the timeline for key financial reports during 2022/23 as set out in appendix A.

Voting: Unanimous

Portfolio Holder: Leader of the Council

In May 2021 the Council approved the formation of BCP FuturePlaces Ltd, (“FuturePlaces”) a wholly owned Urban Regeneration Company (URC). The fundamental purpose and principles of FuturePlaces is to drive “Place Making”, regeneration and property market transformation both across key sites owned by the Council and the wider area to support the aspirations set out in the Council’s Big Plan.

This report seeks approval for funding changes to the business model due to a revised approach as proposed in the Councils 2022/23 Budget as to how the company will be funded. It also seeks approval for the revised company business plan as Council approval as sole shareholder as such a change is a reserved matter under the Shareholders’ Agreement.

It also seeks approval to streamline the Gateway Approval process outlined in the Commissioning Plan. The changes seek to remove duplication and ensure that each new stage builds on, and complements, its predecessor. There will not be a reduction in the work required to investigate options for delivery of each project and it is still based on HM Treasury Green Book guidance.

RECOMMENDED that Council: -

(a)        approve an increase in the working capital loan facility to £8m (from £400k) to support BCP FuturePlaces Ltd from July 2022; and

(b)        approve the revised BCP FuturePlaces Ltd Business Plan attached to the report and the confidential Appendix 1.

RESOLVED that Cabinet: -

(c)        delegate authority to the Chief Finance Officer (s151) to agree and finalise the terms of the working capital loan; and

(d)        delegate authority to the Chief Executive to amend and finalise the Commissioning Contract to reflect the new gateway process and business plan.

Voting: Unanimous

Portfolio Holder: Development, Growth and Regeneration

Reason

To contribute to the Council’s Corporate vision, specifically helping to create dynamic places, investing in the homes our communities need, revitalising and re-inventing our high streets and local centres in line with the vision set out in the Big Plan.

FuturePlaces was formed to ensure BCP Council has the capacity, expertise, and resources to drive investment in regeneration and unlock value from major Council owned sites; it will also enable BCP Council to ensure that we deliver new homes and create well designed, local neighbourhoods.

The new funding model accords with the proposal contained in the 2022/23 Budget approved by Council.

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 'C' to these Minutes in the Minute Book.

Cabinet was advised that in May 2021 the Council approved the formation of BCP FuturePlaces Ltd, (“FuturePlaces”) a wholly owned Urban Regeneration Company (URC), and that the fundamental purpose and principles of FuturePlaces is to drive “Place Making”, regeneration and property market transformation both across key sites owned by the Council and the wider area to support the aspirations set out in the Council’s Big Plan.

Further to this Cabinet was informed that this report sought approval for funding changes to the business model due to a revised approach as proposed in the Councils 2022/23 Budget as to how the company will be funded, and that it also sought approval for the revised company business plan as Council approval as sole shareholder as such a change is a reserved matter under the Shareholders’ Agreement.

In addition Cabinet was advised that the report also sought approval to streamline the Gateway Approval process outlined in the Commissioning Plan, and that the changes seek to remove duplication and ensure that each new stage builds on, and complements, its predecessor. Further to this Cabinet was informed that there will not be a reduction in the work required to investigate options for delivery of each project and it is still based on HM Treasury Green Book guidance.

RECOMMENDED that Council: -

(a)        approve an increase in the working capital loan facility to £8m (from £400k) to support BCP FuturePlaces Ltd from July 2022; and

(b)        approve the revised BCP FuturePlaces Ltd Business Plan attached to the report and the confidential Appendix 1.

RESOLVED that Cabinet: -

(c)        delegate authority to the Chief Finance Officer (s151) to agree and finalise the terms of the working capital loan; and

(d)        delegate authority to the Chief Executive to amend and finalise the Commissioning Contract to reflect the new gateway process and business plan.

Vote: Unanimous

Portfolio Holder: Regeneration, Economy and Strategic Planning

The Leader Councillor D Mellor and the Deputy Leader Councillor P Broadhead were provided with dispensations with regards to this item and were therefore able to participate in the discussion and voting thereon.

BCP Council is legally required to have a single home to school transport policy. A BCP Council Policy has been drafted to replace the three existing policies. The draft policy has been developed to ensure consistency across the conurbation. It will provide a single point of reference for families and officers regarding eligibility and how it is assessed.

Permission to determine the policy is being sought from cabinet following a public consultation held January-February 2022. The consultation was held in accordance with the requirements of the Department for Education’s statutory guidance. Key stakeholders were targeted during the consultation period.

RESOLVED that Cabinet: -

(a)           agrees to determine the Home to School Transport policy; and

(b)           delegates authority to the Director of Education, Children’s Services to implement the policy for eligibility requests from 2022/23 academic year.

Voting: Nem. Con. (1 Abstention)

Portfolio Holder: Council Priorities and Delivery

Reason

The Council is legally required to have a home to school transport policy. A single policy will provide one point of reference for families and officers when requesting and agreeing transport assistance.

The Portfolio Holder for Council Priorities and Delivery 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 was reminded that BCP Council is legally required to have a single home to school transport policy, and that a BCP Council Policy has been drafted to replace the three existing policies.

Cabinet was advised that the draft policy has been developed to ensure consistency across the conurbation, and that it will provide a single point of reference for families and officers regarding eligibility and how it is assessed.

Further to this Cabinet was advised that permission to determine the policy is being sought from cabinet following a public consultation held January-February 2022, and that the consultation was held in accordance with the requirements of the Department for Education’s statutory guidance. Key stakeholders were targeted during the consultation period.

RESOLVED that Cabinet: -

(a)           agrees to determine the Home to School Transport policy; and

(b)           delegates authority to the Director of Education, Children’s Services to implement the policy for eligibility requests from 2022/23 academic year.

Voting: Nem.Con (one abstention)

Portfolio Holder: Council Priorities and Delivery

Councillor B Dove declared a non-pecuniary interest in this item and refrained from voting.

BCP Council are the Burial Authority responsible for the proper management, regulation, and control of all its owned and managed 9 cemeteries across the 3 towns as governed by The Local Authority Cemetery Order (LACO)1977.

Following the formation of BCP Council under Local Government Reorganisation in April 2019, all 9 cemeteries remain governed by 3 separate legacy Rules and Regulations adopted by the then councils of Bournemouth, Christchurch, and Poole.

Each set of these Rules and Regulations have variances in how the cemeteries are managed.  The legacy Rules and Regulations are now out of date with best practice and industry regulation having changed since their adoption by the legacy councils. 

Harmonisation of the Rules and Regulations will lead to a more efficient and effective operation of all cemeteries that are compliant with industry standard best practice and conform to statutory guidance provided in the LACO.

The Portfolio Holder for Environment and Place 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 BCP Council are the Burial Authority responsible for the proper management, regulation, and control of all its owned and managed 9 cemeteries across the 3 towns as governed by The Local Authority Cemetery Order (LACO)197.

Cabinet was informed that following the formation of BCP Council under Local Government Reorganisation in April 2019, all 9 cemeteries remain governed by 3 separate legacy Rules and Regulations adopted by the then councils of Bournemouth, Christchurch, and Poole, and that each set of these Rules and Regulations have variances in how the cemeteries are managed. 

Cabinet was further informed that the legacy Rules and Regulations are now out of date with best practice and industry regulation having changed since their adoption by the legacy councils, and that harmonisation of the Rules and Regulations will lead to a more efficient and effective operation of all cemeteries that are compliant with industry standard best practice and conform to statutory guidance provided in the LACO.

RECOMMENDED that Council: -

a)          adopts the harmonised and updated Cemetery Rules and Regulations for all nine cemeteries to be adopted from 01 September 2022; and

b)          adopts the harmonised cemetery fees for all nine cemeteries to be adopted from 01 September 2022. 

Voting: Unanimous

Portfolio Holder: Environment and Place

The Chief Executive to report on any decisions taken under urgency provisions in accordance with the Constitution.

Cabinet was advised that there were no urgent decisions taken by the Chief Executive in accordance with the Constitution to report on this occasion.

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.

Portfolio Holders raised the following items which are due to be added to the Forward Plan in due course: -

-       Transformation Funding – Childrens

-       Green infrastructure

-       Community Safety Partnership - 28 September meeting

-       WISE – November 17 meeting

-       CCTV Strategy – November 17 meeting

-       Poole regeneration – central poole and the bus station improvements – to come to Cabinet later on this year

-       Development priorities including the study on the avenue road area of Bournemouth – development brief should be coming to the October meeting

The question was raised as to why the play areas item had been moved back from July to October and in relation to this the Leader advised that a positive meeting had been held with the Mayor of Christchurch at which a number of points had been discussed, and that he was following up this matter and that he would update the Lead Member with a formal response outside of the meeting but assured that he was formally engaged in trying to move all of this forwards.