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.

Councillor Millie Earl declared a non-pecuniary interest for the purposes of transparency in relation to Minute No. 22 (BCP Productivity Plan) and remained present for the discussion and voting thereon.

To confirm and sign as a correct record the minutes of the Meeting held on 22 May 2024.

The Minutes of the meeting held on 22 May 2024 were confirmed and signed as a correct record subject to an amendment being incorporated at the top of page 3 whereby the fourth line down be amended to read: -

“…were motorised vehicles, pedestrians and cycle movements…”

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

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

The deadline for the submission of public questions is mid-day on Thursday 12 July 2024 [mid-day 3 clear working days before the meeting].

The deadline for the submission of a statement is mid-day on Tuesday 16 July 2024 [mid-day the working day before the meeting].

The deadline for the submission of a petition is Wednesday 3 July 2024 [10 working days before the meeting].

Cabinet was advised that there had been no petitions or statements submitted on this occasion but that one question had been received from a member of the public in relation to Agenda Item 11 (South Part of Beach Road Car Park.

Public Question received from John Sprackling

If I read the report correctly, it would seem that the business cases for the improvement of the north car park and the need for and the creation of a local traffic management scheme have yet to written.

May I have your assurance that these business cases will be written concurrently with the work associated with sale of south part of the site so that a comprehensive appraisal can be considered on all aspects of the issue at one time?

Can you also assure me that sensitivity analysis will be applied in any case where projected cash flows are used to support investment eg. parking receipts for further metering?

Response by the Portfolio Holder for Finance, Councillor Mike Cox

Thank you, Mr Sprackling, for the question. Yes the Directors of Commercial Operations and Planning and Transport are presently engaged in finalising a brief for the business case for the rear car park which will include consideration of [and a local traffic management plan?]. This is being done in consultation with Estates, who will deal with the disposal, to ensure all issues are addressed and that there is continuity of approach.

The Director of Commercial Operations will assess various options in the business case for the rear car park with related income projections and sensitivity analysis would be applied to the same. 

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.

The report presents the revenue and capital budget outturn, reserves position, dedicated schools grant outturn, housing revenue account, and results of council company and partner organisations for the financial year 2023/24.

In general terms the council’s attempt to improve the financial health and sustainability of the authority have been successful with the 2023/24 drawdown on specific reserves reduced from the original budgeted amount £30m to £23m at financial outturn. At quarter three the estimated drawdown was forecast to be £27m although this was expected to improve due to the ongoing application of a freeze on expenditure and the Cabinet decision to release a previous accrual relating to the Dolphin Shopping Centre.

Services have delivered 94% of the budgeted savings of £34m, achieved through transformation, third party spend reduction, staff savings and raising additional income.

RESOLVED that Cabinet: -

(a)           Noted the outturn position for 2023/24; and

(b)          Agreed the acceptance of grants up to £1m as set out in Appendix C.

Voting: Unanimous

Portfolio Holder: Finance

Reasons

To comply with accounting codes of practice and best practice which requires councils to regularly monitor the annual budget position and take any action to support the sustainability of the council’s financial position.

To comply with the council’s financial regulations regarding capital virements and acceptance of grants.

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 'A' to these Minutes in the Minute Book.

Cabinet was advised that the report presented the revenue and capital budget outturn, reserves position, dedicated schools grant outturn, housing revenue account, and results of council company and partner organisations for the financial year 2023/24.

Cabinet was informed that in general terms the council’s attempt to improve the financial health and sustainability of the authority had been successful with the 2023/24 drawdown on specific reserves reduced from the original budgeted amount £30m to £23m at financial outturn, and that at quarter three the estimated drawdown was forecast to be £27m although this was expected to improve due to the ongoing application of a freeze on expenditure and the Cabinet decision to release a previous accrual relating to the Dolphin Shopping Centre.

Further to this Cabinet was advised that services have delivered 94% of the budgeted savings of £34m, achieved through transformation, third party spend reduction, staff savings and raising additional income.

The Chair of the Overview and Scrutiny Board, Councillor Stephen Bartlett addressed the Cabinet advising that at their meeting the previous evening the Board whilst not making any formal recommendations had had a lengthy debate on the report and had been very satisfied with the outcome.

RESOLVED that Cabinet: -

(a)           Noted the outturn position for 2023/24; and

(b)          Agreed the acceptance of grants up to £1m as set out in Appendix C.

Voting: Unanimous

Portfolio Holder: Finance

Reasons

To comply with accounting codes of practice and best practice which requires councils to regularly monitor the annual budget position and take any action to support the sustainability of the council’s financial position.

To comply with the council’s financial regulations regarding capital virements and acceptance of grants.

This report:

·      Aims to ensure the council continues to maintain a balanced 2025/26 budget forecast by considering the impact that various assumptions would have on the underlying approved position. 

·      Proposes a financial strategy to support the delivery of a robust and financially sustainable budget for 2025/26. 

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

·       Presents the outcome of the CIPFA Financial Resilience Review undertaken in the summer/autumn of 2023 and finalised in the spring of 2024.

Presents a letter submitted by the Director of Finance to DLUHC and CIPFA outlining concerns regarding the impact the deficit on the Dedicated Schools Grant is having on the financial sustainability of the Council. This recognises that due to the forecast £92m accumulated deficit on the 31 March 2025 the council will be technically insolvent (a situation where the deficit on the DSG is greater than the total reserves held by the council with a negative overall general fund position) when the current statutory override finishes on 31 March 2026. This letter also highlighted the difficulties the council will have in setting a legally balanced budget for 2025/26 when it has exhausted its ability to cover the cost of the DSG deficit from its temporary short term treasury management cashflow headroom.

RESOLVED that Cabinet: -

(a)           Approve the budget timetable and process as set out in Appendix A;

(b)           Endorse the scenario planning exercise that guides the potential level of activity that may now be needed to present a legally balance budget for 2025/26;

(c)           Approve the financial strategy designed to support the ongoing delivery of a balanced 2025/26 Budget and MTFP as set out in Appendix B;

(d)           Note the outcome of the CIPFA Financial Resilience Review and associated action plan; and

(e)           Note the letter submitted by the Director of Finance to DLUHC and CIPFA outlining the challenge that the deficit on the Dedicated Schools Grant presents

Voting: Unanimous

Portfolio Holder: Finance

Reason

To comply with accounting codes of practice and best practice which requires 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 ongoing delivery of a balanced budget for 2025/26.

To present the CIPFA Financial Resilience Review.

To present the letter submitted to DLUHC and CIPFA in regard to the difficulties presented by the accumulating DSG deficit.

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 'B' to these Minutes in the Minute Book.

Cabinet was advised that the report sought to ensure that the council continued to maintain a balanced 2025/26 budget forecast by considering the impact that various assumptions would have on the underlying approved position. 

In relation to this Cabinet was advised that the report proposed a financial strategy to support the delivery of a robust and financially sustainable budget for 2025/26 and proposed a budget planning process and timeline for key financial reports.

In addition Cabinet was advised that the report presented the outcome of the CIPFA Financial Resilience Review undertaken in the summer/autumn of 2023 and finalised in the spring of 2024, and also presented a letter submitted by the Director of Finance to DLUHC and CIPFA outlining concerns regarding the impact the deficit on the Dedicated Schools Grant is having on the financial sustainability of the Council. Cabinet was informed that this recognises that due to the forecast £92m accumulated deficit on the 31 March 2025 the council will be technically insolvent (a situation where the deficit on the DSG is greater than the total reserves held by the council with a negative overall general fund position) when the current statutory override finishes on 31 March 2026, and that the letter also highlighted the difficulties the council will have in setting a legally balanced budget for 2025/26 when it has exhausted its ability to cover the cost of the DSG deficit from its temporary short term treasury management cashflow headroom.

The Chair of the Overview and Scrutiny Board, Councillor Stephen Bartlett addressed the Cabinet advising that at their meeting the previous evening whilst the Board hadn’t made any formal recommendations that the Board had raised concerns around the ongoing Dedicated Schools Grant (DSG) deficit and the risks around Carters Quay.

Cabinet spoke in support of the report praising officers and the Portfolio Holder for making savings where possible in sometimes difficult circumstances.

In addition Cabinet emphasised the importance of raising the matter of the DSG deficit as soon as possible with the new government to ensure this is dealt with early.

RESOLVED that Cabinet: -

(a)           Approve the budget timetable and process as set out in Appendix A;

(b)           Endorse the scenario planning exercise that guides the potential level of activity that may now be needed to present a legally balance budget for 2025/26;

(c)           Approve the financial strategy designed to support the ongoing delivery of a balanced 2025/26 Budget and MTFP as set out in Appendix B;

(d)           Note the outcome of the CIPFA Financial Resilience Review and associated action plan; and

(e)           Note the letter submitted by the Director of Finance to DLUHC and CIPFA outlining the challenge that the deficit on the Dedicated Schools Grant presents

Voting: Unanimous

Portfolio Holder: Finance

Reason

To comply with accounting codes of practice and best  ...  view the full minutes text for item 21.

The council have produced a productivity plan in response to government requirements. It sets out recent, current and future plans to make better use of resources, including organisational and service transformation, as well as how technology and data are being used to create efficiencies. Details are also given on how productivity will be monitored as part of performance reporting.

RESOLVED that Cabinet: -

(a)          approved the productivity plan to submit to government for the 19 July deadline; and

(b)          approved the approach for monitoring productivity as set out in the plan

Voting: Unanimous

Portfolio Holder: Leader of the Council and Portfolio Holder for Dynamic Places

Transformation and Resources

Reason

The council has produced a productivity plan and monitoring arrangements in line with government requirements.

The Portfolio Holder for Transformation and Resources 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 council had produced a productivity plan in response to government requirements, and that the plan set out recent, current and future plans to make better use of resources, including organisational and service transformation, as well as how technology and data are being used to create efficiencies.

Further to this Cabinet was informed that the plan also gave details on how productivity will be monitored as part of performance reporting.

Members addressed the Cabinet in support of the report and highlighting that it really reflected what the council was doing, in addition to this the Chair of the Overview and Scrutiny Board, Councillor Stephen Bartlett advised that the Board would have welcomed the opportunity to look at the report prior to Cabinet.

Cabinet members spoke in support of the report highlighting the importance of investing to save, empowering communities and of working in partnership.

RESOLVED that Cabinet: -

(a)          approved the productivity plan to submit to government for the 19 July deadline; and

(b)          approved the approach for monitoring productivity as set out in the plan

Voting: Unanimous

Portfolio Holder: Leader of the Council and Portfolio Holder for Dynamic Places

                          Transformation and Resources

Reason

The council has produced a productivity plan and monitoring arrangements in line with government requirements.

The Deputy Leader of the Council declared an interest in this item as a volunteer for the Branksome and Rossmore Community Fridges and remained present for the discussion and voting thereon.

Since the merger of the four preceding councils we have been working with the trades unions, to negotiate a new Pay and Reward package which harmonises pay across all colleagues.  The report describes the consultation process conducted with the recognised trade unions, GMB and UNISON, who agreed to ballot their members on the proposed pay and reward offer. The report sets out the various communication and engagement activities undertaken to raise awareness and inform colleagues of the offer.

Two ballot processes have been undertaken and details of the ballot outcomes are provided. Further discussions are ongoing with the unions with a view to reaching an agreed way forward to implement the new arrangements.

RESOLVED that Cabinet noted the update report.

Voting: Unanimous

Portfolio Holder: Transformation and Resources

Reason

To provide Cabinet with an update on the progress in introducing new terms and conditions of employment.

The Portfolio Holder for Transformation and Resources 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 advised that since the merger of the four preceding councils the council had been working with the trades unions, to negotiate a new Pay and Reward package which harmonises pay across all colleagues. 

Cabinet was informed that the report describes the consultation process conducted with the recognised trade unions, GMB and UNISON, who agreed to ballot their members on the proposed pay and reward offer, and further to this sets out the various communication and engagement activities undertaken to raise awareness and inform colleagues of the offer.

Cabinet was further advised that two ballot processes had been undertaken and details of the ballot outcomes had been provided, and that further discussions are ongoing with the unions with a view to reaching an agreed way forward to implement the new arrangements.

The Chair of the Overview and Scrutiny Board, Councillor Stephen Bartlett addressed the Cabinet advising that the Committee at their meeting the previous evening had considered the report but didn’t make any formal recommendations.

RESOLVED that Cabinet noted the update report.

Voting: Unanimous

Portfolio Holder: Transformation and Resources

Reason

To provide Cabinet with an update on the progress in introducing new terms and conditions of employment.

This report seeks approval to take a surrender of the head lessee’s existing head lease and regrant a long lease to facilitate the delivery of the head lessee’s planning permission to demolish the existing buildings and erect a mixed-use development comprising 128 residential apartments (Use Class C3) together with nine ground floor commercial units (Former Use Classes A1, A3 or B1a, now Class E) and associated ancillary works including car and cycle parking.

The site forms part of the Town Centre Regeneration Area in the Local Plan and is earmarked by the council as one of the key opportunities to regenerate the town centre and make a step change in perceptions of the town and its overall offer.

 A refurbishment alone of this tired 1960’s building will not succeed in delivering this aim.

[PLEASE NOTE: Should the Cabinet wish to discuss the detail of the exempt appendices at Appendix 1-4 it will be necessary to exclude the press and public and move into Confidential (Exempt) session]

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 'E' to these Minutes in the Minute Book.

Cabinet was advised that the report sought approval to take a surrender of the head lessee’s existing head lease and regrant a long lease to facilitate the delivery of the head lessee’s planning permission to demolish the existing buildings and erect a mixed-use development comprising 128 residential apartments (Use Class C3) together with nine ground floor commercial units (Former Use Classes A1, A3 or B1a, now Class E) and associated ancillary works including car and cycle parking.

In relation to this Cabinet was informed that the site forms part of the Town Centre Regeneration Area in the Local Plan and is earmarked by the council as one of the key opportunities to regenerate the town centre and make a step change in perceptions of the town and its overall offer.

Further to this Cabinet was advised that a refurbishment alone of this tired 1960’s building will not succeed in delivering this aim.

RECOMMENDED that Council: -

(a)        grant approval for the surrender of the existing head lease and regrant of a long new lease to facilitate the head lessee’s proposed development in accordance with the Heads of Terms set out in the exempt report attached at appendix 1; and

(b)        delegate authority to the Director of Finance in his capacity as Corporate Property Officer, the Director of Law and Governance and the Portfolio Holder for Finance to finalise the detailed terms of the Agreement for surrender and new lease.

Voting: Unanimous

Portfolio Holder: Finance

Reasons

The proposal will:

·      Contribute to the council’s corporate strategy priorities.

·      Optimise the use of a public land asset in accordance with its allocation in the Local Plan with good certainty of development delivery.

·      Generate a capital receipt to support the funding of the Council’s Transformation Investment Programme.

·      Help to kickstart Poole Town Centre North regeneration through the addition of attractive new homes and a vibrant retail parade of businesses.

On 27 February 2024, Council approved the principle of disposal of the South Part of Beach Road Car Park on the open market, subject to a future Cabinet resolution to appropriate the site for planning purposes, once the South Car Park is formally closed. It also confirmed support for the reprovision of the car park and the development of a business case for the modernisation and improvement of the retained car parking area, based on the use of prudential borrowing. Where any part of the land being disposed of could comprise public open space, the statutory process governing these activities requires the proposal to be publicly advertised and for any objections to be duly considered. The purpose of this report is to set out the responses received to the public notices and provide an analysis of these responses for Members consideration.

[PLEASE NOTE: Should the Cabinet wish to discuss the detail of the exempt appendix at Appendix 2 it will be necessary to exclude the press and public and move into Confidential (Exempt) session]

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 'F' to these Minutes in the Minute Book.

Cabinet was advised that on 27 February 2024, Council approved the principle of disposal of the South Part of Beach Road Car Park on the open market, subject to a future Cabinet resolution to appropriate the site for planning purposes, once the South Car Park is formally closed, and that it also confirmed support for the reprovision of the car park and the development of a business case for the modernisation and improvement of the retained car parking area, based on the use of prudential borrowing.

Further to this Cabinet was informed that where any part of the land being disposed of could comprise public open space, the statutory process governing these activities requires the proposal to be publicly advertised and for any objections to be duly considered, and that the purpose of the report was to set out the responses received to the public notices and provide an analysis of these responses for Members consideration.

RECOMMENDED that having considered the responses received from the public notices Council: -

(a)        approve a resolution to appropriate for planning purposes, the south part of Beach Road Car Park (the site) shown outlined red in appendix 1, once it is formally closed and reaffirm the approval (given, in principle, on 27 February 2024) to proceed with disposal of the site pursuant to section 233 of the Town and Country Planning Act 1990;

(b)        delegate authority to the Corporate Property Officer, to record by way of memorandum the appropriation at the required time, which can be placed with the deeds for future reference;

(c)        reaffirm approval to delegate authority to the Corporate Property Officer, in consultation with the Director of Finance, the Director of Law and Governance and the Portfolio Holder for Dynamic Places, to select the preferred offer and finalise the detailed terms of the disposal; and

(d)        note that, subject to Cabinet approval of its forthcoming business case, it is the council’s intention to make improvements to the retained rear public car parking area, including consideration of the scope to increase current capacity, provide more compliant spaces and improve accessibility and wayfinding, as well as consideration of a local traffic management scheme. The council and its consultant are now engaged in this process.

Voting: Unanimous

Portfolio Holder: Finance

Reasons

The council considers that the south section of the car park is no longer needed for the purpose for which it is currently held by the public in the locality and considers that the appropriation for planning purposes will:

·        facilitate the carrying out of re-development which is likely to contribute to the economic, social or environmental wellbeing of the area, and is required in the interests of the proper planning of the area in which the land is situated.

Further the disposal will:

·        Contribute to the council’s corporate strategy  ...  view the full minutes text for item 25.

The BCP seafront is highly valued by residents and visitors and provides a diverse range of internationally important natural habitats, geology and archaeology.  It also sits at the heart of our local tourism industry and generates significant revenue to the Council, helping to fund wider services for the community.

A review of the Seafront Strategy has been undertaken to assess progress to date and refresh priorities in light of significant organisational changes, new pressures and opportunities. 

This report sets out a revised BCP Seafront Strategy, updating the vision, key objectives, investment criteria and delivery priorities.  It builds on the original strategy adopted in April 2022, by reflecting new priorities such as the removal of barriers to community access, wellbeing, and delivering environmental net gains across biodiversity and carbon reduction.  It also strengthens the focus on working with commercial operators to enable regeneration and secure external investment in infrastructure.

The Strategy provides a framework for investment over the next 20 years, along with priorities for the short to medium term.

RESOLVED that Cabinet: -

(a)           Approves the BCP Seafront Strategy 2024 subject to the agreed amendment being incorporated; and

(b)           Delegates authority to the Chief Operations Officer, in consultation with the Portfolio Holder for Connected Communities, to identify specific events zones within the Seafront Strategy character areas (see 4.3)

Voting: Unanimous

Portfolio Holder: Deputy Leader and Portfolio Holder for Connected Communities

Finance

Reasons

Supports the Corporate Plan priorities for:

•         Our green spaces flourish and support the wellbeing of both people and nature

•         Climate change is tackled through sustainable policies and practice

•         Our communities have pride in our streets, neighbourhoods and public spaces

•         People and places are connected by sustainable and modern infrastructure

•         Working together, everyone feels safe and secure

•         Our inclusive, vibrant and sustainable economy supports our communities to thrive

•         Revitalised high streets and regenerated key sites create new opportunities

•         Employment is available for everyone and helps create value in our communities

•         Local communities shape the services that matter to them

•         High quality of life for all, where people can be active, healthy and independent

In addition, the Strategy:

•         Provides a clear vision to guide attracting external investment in infrastructure, public spaces, health and well-being, the environment, and places to eat, drink and stay within the context of the Council’s limited scope for direct investment  

•         Provides a projects prioritisation framework to support investment to grow and diversify the offer and protect and increase revenue streams

•         Provides a guide to attract commercial leisure investment

•         Provides a strategic context for seafront development to support future planning applications

The Deputy Leader and Portfolio Holder for Connected Communities 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 was advised that the BCP seafront is highly valued by residents and visitors and provides a diverse range of internationally important natural habitats, geology and archaeology, and that it also sits at the heart of our local tourism industry and generates significant revenue to the Council, helping to fund wider services for the community.

In relation to this Cabinet was informed that a review of the Seafront Strategy had been undertaken to assess progress to date and refresh priorities in light of significant organisational changes, new pressures and opportunities. 

Cabinet was advised that the report set out a revised BCP Seafront Strategy, updating the vision, key objectives, investment criteria and delivery priorities, and that it built on the original strategy adopted in April 2022, by reflecting new priorities such as the removal of barriers to community access, wellbeing, and delivering environmental net gains across biodiversity and carbon reduction, and also strengthened the focus on working with commercial operators to enable regeneration and secure external investment in infrastructure.

Further to this Cabinet was advised that the Strategy provides a framework for investment over the next 20 years, along with priorities for the short to medium term.

The Chair of the Overview and Scrutiny Board, Councillor Stephen Bartlett addressed the Cabinet advising that the Committee at their meeting the previous evening had discussed the report in detail, and that the Board had been supportive of the strategy and recommendations.

The Chair of the Health and Adult Social Care, Councillor Patrick Canavan addressed the Cabinet supporting the involvement of ward councillors and welcoming the shift towards ensuring the importance of safe and healthy communities and expressing the importance of peoples mental and physical health. In addition Councillor Canavan highlighted the importance of maintaining the seafront and ensuring there are working toilets, accessible toilets and clear pathways.

The Deputy Leader, Councillor Millie Earl advised Cabinet of a proposed amendment to the Plan at Appendix 1 in relation to the table with the ‘revised or new objectives 2024’ which appeared at page 497 of the agenda pack and specifically the wording in the last box on the right of the second table, whereby the wording be amended to include reference to children.

In addition the Portfolio Holder for Health and Wellbeing requested that reference also be made to the elderly.

In relation to this the Deputy Leader advised that the exact reference to the elderly would be agreed with officers and the paragraph be amended to read:

Encourage active, healthy and independent lives by removing barriers for all our communities to access the seafront with a particular focus on children, young people those with disabilities and mobility issues. We will also work to enable sports and wellbeing activities through community partnerships.

RESOLVED that Cabinet: -

(a)  ...  view the full minutes text for item 26.

The 2050 Urban Forest Strategy for BCP provides a vision, key guiding principles, and priorities for action so that residents, visitors and businesses in our conurbation get the most from trees both now an in the future.

Few coastal conurbations can boast a treescape as diverse, extensive, and spectacular as BCP’s. In light of the quality of this resource, the production of an up-to-date strategy focused on trees and woodlands was one of the key action points identified in the adopted Green Infrastructure Strategy.

The strategy replaces legacy documents previously used in each of the individual former authorities and offers an up-to-date road map that will be part of the draft Local Plan. This will sit alongside the Green Infrastructure Strategy, Climate Action plan, Local Cycling and Walking Infrastructure Plan and forthcoming Urban Greening design guide and Dorset Local Nature Recovery Strategy.

RESOLVED that the Urban Forest Strategy, its vision, key guiding principles, and priorities for action are approved by BCP Cabinet.

Voting: Unanimous

Portfolio Holder: Climate Response, Environment and Energy

Reasons

Supports the Corporate Strategy in sustaining and adding to our tree provision, improving our environment and places for nature.

Supports people and communities in making our places greener, more resilient in the face of global climate breakdown.

Supports the aims and principles of the Green Infrastructure Strategy.

Supports service improvement in managing our tree provision.

Increasing tree canopy supports the forthcoming Local Nature Recovery Strategy and meets the council’s statutory duty to biodiversity under the Natural Environment and Rural Communities Act 2006 (NERC).

The Portfolio Holder for Climate Response, Environment and Energy 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 was advised that the 2050 Urban Forest Strategy for BCP provides a vision, key guiding principles, and priorities for action so that residents, visitors and businesses in our conurbation get the most from trees both now an in the future.

In relation to this Cabinet was informed that few coastal conurbations can boast a treescape as diverse, extensive, and spectacular as BCP’s, and that in light of the quality of this resource, the production of an up-to-date strategy focused on trees and woodlands was one of the key action points identified in the adopted Green Infrastructure Strategy.

Further to this Cabinet was advised that the strategy replaced legacy documents previously used in each of the individual former authorities and offers an up-to-date road map that will be part of the draft Local Plan, and that this will sit alongside the Green Infrastructure Strategy, Climate Action plan, Local Cycling and Walking Infrastructure Plan and forthcoming Urban Greening design guide and Dorset Local Nature Recovery Strategy.

Cabinet was advised that the report was due to be scrutinised by the Environment and Place Overview and Scrutiny Committee, but that due to the pre-election period the meeting had been cancelled, and that in lieu of this a member briefing had facilitated by the Chair of the Environment and Place Overview and Scrutiny Committee and open to all members to attend.

Further to this Cabinet was advised that the Chair of the Environment and Place Overview and Scrutiny Committee was unfortunately unable to attend the Cabinet meeting but that he had circulated comments which had been raised at the briefing on the report to the Cabinet which were subsequently read out by a member of the Cabinet and raised the following points: -

·       More deprived areas may not have the capacity of longevity to take responsibility for trees long term

·       A point had been raised about integrating fruit trees into the scheme where possible

·       Mention had been made of the potential of working groups coming together and a number of members had expressed an interest.

Cabinet members spoke in support of the report and of the importance of nurturing existing trees as well as planting new ones.

RESOLVED that the Urban Forest Strategy, its vision, key guiding principles, and priorities for action are approved by BCP Cabinet.

Voting: Unanimous

Portfolio Holder: Climate Response, Environment and Energy

Reasons

Supports the Corporate Strategy in sustaining and adding to our tree provision, improving our environment and places for nature.

Supports people and communities in making our places greener, more resilient in the face of global climate breakdown.

Supports the aims and principles of the Green Infrastructure Strategy.

Supports service improvement in managing our tree provision.

Increasing tree canopy supports the forthcoming Local Nature Recovery Strategy and meets the  ...  view the full minutes text for item 27.

In November 2021, Council approved a £5.87m allocation from Futures Fund (Public Works Loan Board - PWLB - borrowing) to install a 70.5km long core gigabit-fibre network asset, enabling savings, social and economic benefit, and a net surplus income for the Council over a fifty year period.

Due to changes in financial circumstances, the scope of the project was revised in August 2023 to £3.35m to deliver 21.6km of fibre network. Phase 1 has involved already installing some ducting during programmed highway works. Phase 2 requires the majority of capital investment. Before Phase 2 begins, this paper draws attention to further significant changes that have occurred since Council approved the project funding and provides options with a recommendation to stop the project

RESOLVED that Cabinet agrees the Preferred Option, to stop the project and not to proceed with Phase 2 of installation of fibre and ducting.

Voting: Unanimous

Portfolio Holder(s): Leader of the Council and Portfolio Holder for Dynamic Places

Deputy Leader and Portfolio Holder for Connected Communities

Reason

(i)       Due to recent and potentially future volatility with interest rates, changes in market conditions and increases in construction costs there is now less certainty about the viability of the business case.

(ii)      The project does not meet the current administration’s criteria for PWLB borrowing.

(iii)     Derisks the ongoing project for the council and aligns with the current Corporate Strategy, ‘working with partners, removing barriers and empowering others’.

The Deputy Leader of the Council and Portfolio Holder for Connected Communities 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 was advised that in November 2021, Council approved a £5.87m allocation from Futures Fund (Public Works Loan Board - PWLB - borrowing) to install a 70.5km long core gigabit-fibre network asset, enabling savings, social and economic benefit, and a net surplus income for the Council over a fifty-year period.

Further to this Cabinet was informed that due to changes in financial circumstances, the scope of the project was revised in August 2023 to £3.35m to deliver 21.6km of fibre network, and that Phase 1 has involved already installing some ducting during programmed highway works, and that Phase 2 requires the majority of capital investment.

In relation to this Cabinet was advised that before Phase 2 begins, this paper draws attention to further significant changes that have occurred since Council approved the project funding and provides options with a recommendation to stop the project.

Members spoke in support of the report but expressed regret over the costs incurred.

Cabinet members spoke in support of the report expressing the importance of utilising any opportunities to use what has already been laid should any such opportunity arise.

RESOLVED that Cabinet agrees the Preferred Option, to stop the project and not to proceed with Phase 2 of installation of fibre and ducting.

Voting: Unanimous

Portfolio Holder(s): Leader of the Council and Portfolio Holder for Dynamic Places

Deputy Leader and Portfolio Holder for Connected Communities

Reasons

(i)       Due to recent and potentially future volatility with interest rates, changes in market conditions and increases in construction costs there is now less certainty about the viability of the business case.

(ii)      The project does not meet the current administration’s criteria for PWLB borrowing.

(iii)     Derisks the ongoing project for the council and aligns with the current Corporate Strategy, ‘working with partners, removing barriers and empowering others’.

Adult Social Care (ASC) services locally and nationally have faced significant challenges in recent years, with an ageing population, increased demand for support and more complex needs. As a result, the Council is holding significant risk in relation to its ability to deliver statutory responsibilities within the available budget, to adults and their families who require support. 

The nature of these challenges means that long term, sustainable change is needed to ensure that BCP Council’s ASC services are modern, preventative, fit for the future and affordable.

This report sets out the ASC Transformation Business Case for Cabinet’s consideration and recommendation to Council.  It includes plans to establish the Fulfilled Lives Programme comprising four priority projects, with a proposed investment of £2.9m which will lead to improved outcomes for adults who draw on support within the BCP Council area. 

It is anticipated that the one-off investment will lead to recurring savings of approximately £3.5m. 

The Portfolio Holder for Health and Wellbeing 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 was advised that Adult Social Care (ASC) services locally and nationally have faced significant challenges in recent years, with an ageing population, increased demand for support and more complex needs, and that as a result, the Council is holding significant risk in relation to its ability to deliver statutory responsibilities within the available budget, to adults and their families who require support. 

In relation to this Cabinet was informed that the nature of these challenges means that long term, sustainable change is needed to ensure that BCP Council’s ASC services are modern, preventative, fit for the future and affordable, and that this report sets out the ASC Transformation Business Case for Cabinet’s consideration and recommendation to Council.

Cabinet was informed that it includes plans to establish the Fulfilled Lives Programme comprising four priority projects, with a proposed investment of £2.9m which will lead to improved outcomes for adults who draw on support within the BCP Council area, and that Cabinet was informed that it is anticipated that the one-off investment will lead to recurring savings of approximately £3.5m. 

In proposing the recommendations, the Portfolio Holder advised that he was proposing amended recommendations to those set out within the report to take into consideration the comments of the Health and Adult Social Care Overview and Scrutiny Committee who had recently met.

The Chair of the Health and Adult Social Care Overview and Scrutiny Committee addressed the Cabinet highlighting the comments raised at the recent meeting of the Committee.

RECOMMENDED that Council: -

(a)           Approves in principle the business case for a new adult social care transformation delivery model to improve outcomes for residents and to achieve financial efficiencies and savings enabled by investment of up to 2.9M;

(b)           Agrees to the establishment of a formal transformation programme; ‘Fulfilled Lives’;

(c)           Agrees to an initial 12-month investment of 1.79M, with an interim report to Cabinet on progress of the design phase in January 2025 and a full report by July 2025, with recommendations for further investment; and

(d)           Invites the Health and Adult Social Care Overview and Scrutiny Committee to provide regular scrutiny of progress towards benefits and sustainable change. In particular the Committee be invited to review the progress against the four priority areas of the Fulfilled Lives programme and the risks and opportunities of data with ASC transformation.

Voting: Unanimous

Portfolio Holder: Health and Wellbeing 

Reason

The investment will enable improved outcomes for adults and their families within the BCP Council area, with effective and efficient services which are needed to fulfil statutory duties. In turn, this will lead to recurring savings of c.£3.5m.

Bournemouth, Christchurch and Poole (BCP) Council have recently been the subject of a legal challenge around the content of its Adult Social Care (ASC) Charging Policy, as have other local authorities. 

In addition to this, ASC has received a recommendation from the Local Government Ombudsman (LGO) to make an inclusion in the Charging Policy, following a complaint. 

Therefore, changes and improvements have been made to the Policy, which are set out in this report alongside the reasons and implications.  

RESOLVED that Cabinet approved the amendments to the existing Adult Social Care Charging Policy, as outlined in the report.

Voting: Unanimous

Portfolio Holder: Health and Wellbeing 

Reasons

Section 14 of the Care Act 2014 gives local authorities the power to charge for meeting needs under Sections 18-20 of the Care Act 2014. Section 17 of the Care Act 2014 specifies the duty to carry out an assessment of the adult’s financial resources in order to determine the adult’s contribution towards the cost of the care and support they require. The Charging Policy sets out how BCP Council will approach this. 

It is important, therefore, that Cabinet approves the Policy changes as set out in this report. 

The Portfolio Holder for Health and Wellbeing 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 was advised that Bournemouth, Christchurch and Poole (BCP) Council have recently been the subject of a legal challenge around the content of its Adult Social Care (ASC) Charging Policy, as have other local authorities. 

Cabinet was informed that in addition to this, ASC had received a recommendation from the Local Government Ombudsman (LGO) to make an inclusion in the Charging Policy, following a complaint, and that changes and improvements had therefore been made to the Policy, which were set out in the report alongside the reasons and implications.  

RESOLVED that Cabinet approved the amendments to the existing Adult Social Care Charging Policy, as outlined in the report.

Voting: Unanimous

Portfolio Holder: Health and Wellbeing 

Reasons

Section 14 of the Care Act 2014 gives local authorities the power to charge for meeting needs under Sections 18-20 of the Care Act 2014. Section 17 of the Care Act 2014 specifies the duty to carry out an assessment of the adult’s financial resources in order to determine the adult’s contribution towards the cost of the care and support they require. The Charging Policy sets out how BCP Council will approach this. 

It is important, therefore, that Cabinet approves the Policy changes as set out in this report. 

A review of the Pan-Dorset arrangements for the delivery of the Safeguarding Children’s’ Partnership has been considered by the statutory partners: Dorset Police, NHS Dorset and both local authorities (LAs) involved in the Pan-Dorset arrangements, BCP Childrens Services and Dorset Children’s Services. The review recommends that the partnership arrangements be delivered separately for each LA.  This report will therefore set out the recommendation made by the partners who have been given the delegated authority to conduct the statutory duties for their organisation.

RESOLVED that Cabinet agreed separation of the Pan-Dorset Safeguarding Children arrangements and the creation a Dorset Safeguarding Children’s Partnership and a BCP Safeguarding Children’s Partnership in order to meet the needs of two separate Local Authorities and enable the effectiveness of the partnership arrangements moving forward.

Voting: Unanimous

Portfolio Holder: Children and Young People

Reasons

One of the fundamental reasons behind this proposal is the difference between the two local authorities within the existing partnership. The authorities operate differently, and their approaches to safeguarding and working practices often diverge. The recent changes outlined in the Working Together Guidance 2023 pose an additional challenge for our current Pan-Dorset arrangement. With the removal of the Independent Chair role, implementing the necessary changes becomes considerably more complex under a Pan-Dorset arrangement. By transitioning to a Dorset Safeguarding Partnership and a separate BCP Safeguarding Partnership, both authorities can adapt their structures and procedures seamlessly to align with the revised guidelines. This will enable them to fulfil their safeguarding responsibilities independently and effectively across the region, with each Director of Children's Services maintaining individual responsibility and being supported by scrutineers.

The Portfolio Holder for Children and Young People 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 was advised that a review of the Pan-Dorset arrangements for the delivery of the Safeguarding Children’s’ Partnership had been considered by the statutory partners: Dorset Police, NHS Dorset and both local authorities (LAs) involved in the Pan-Dorset arrangements, BCP Childrens Services and Dorset Children’s Services, and that the review recommended that the partnership arrangements be delivered separately for each LA. 

Cabinet was informed that this report therefore set out the recommendation made by the partners who have been given the delegated authority to conduct the statutory duties for their organisation.

Cabinet spoke in support of the report citing the importance of ensuring there is a seamless transition and that cross boarder working continues particularly for those who boarder BCP and Dorset.

RESOLVED that Cabinet agreed separation of the Pan-Dorset Safeguarding Children arrangements and the creation a Dorset Safeguarding Children’s Partnership and a BCP Safeguarding Children’s Partnership in order to meet the needs of two separate Local Authorities and enable the effectiveness of the partnership arrangements moving forward.

Voting: Unanimous

Portfolio Holder: Children and Young People

Reasons

One of the fundamental reasons behind this proposal is the difference between the two local authorities within the existing partnership. The authorities operate differently, and their approaches to safeguarding and working practices often diverge. The recent changes outlined in the Working Together Guidance 2023 pose an additional challenge for our current Pan-Dorset arrangement. With the removal of the Independent Chair role, implementing the necessary changes becomes considerably more complex under a Pan-Dorset arrangement. By transitioning to a Dorset Safeguarding Partnership and a separate BCP Safeguarding Partnership, both authorities can adapt their structures and procedures seamlessly to align with the revised guidelines. This will enable them to fulfil their safeguarding responsibilities independently and effectively across the region, with each Director of Children's Services maintaining individual responsibility and being supported by scrutineers.

To present the Youth Justice Plan for 2024/25. 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 2024/25, 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 Young People 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 received the Youth Justice Plan for 2024/25 and in relation to this were advised that 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.

Cabinet was informed that the report summarised the Youth Justice Plan for 2024/25, with a copy of the Plan appended, and that the Youth Justice Plan requires approval from the full Council.

Members addressed the Cabinet expressing the importance of funding, and of the scrutiny of this area of work, and in relation to this questioned whether more should be coming to the Childrens Services Overview and Scrutiny Committee.

In relation to this the Portfolio Holder advised that items which come to the Childrens Services Overview and Scrutiny Committee were for the Chair in consultation with the Committee.

Cabinet members spoke in support of the report and highlighted that youth surgeries were taking place in some areas, and the Portfolio Holder offered to attend youth surgeries should the ward members ask him to.

RECOMMENDED that the Cabinet recommend approval of the Youth Justice Plan 2024/25 to the Full Council.

Voting: Unanimous

Portfolio Holder: Children and Young People

Reason

Youth Justice Services are required to publish an annual Youth Justice Plan which should be approved by the Local Authority for that Youth Justice Service. Dorset Combined Youth Justice Service works across both Bournemouth, Christchurch and Poole Council and Dorset Council. Approval is therefore sought from both Bournemouth, Christchurch and Poole Council and from Dorset Council.

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

Cabinet was advised that the following urgent decisions had been taken since the last meeting of the Cabinet in accordance with the Constitution: -

• BCP Council Meetings during the Pre-Election Period 4 June 2024 to  4 July 2024 inclusive –

o  To postpone all scheduled (non-regulatory) meetings of Council, Cabinet, Committees and Sub-Committees during the pre-election period of the General Election 2024.

o  Meetings of the Council’s Regulatory Committees namely Appeals Committee, Licensing Committee, Western Planning Committee and Eastern Planning Committee will continue as scheduled

o  Eastern Planning Committee scheduled for 4 July 2024, will be cancelled due to this falling on Polling Day

• Council Newbuild Housing & Acquisition Strategy (CNHAS) 2023-2028 Reallocations of funds and Individual Site Approvals - 

o  Approve the transfer of the existing Council New Homes Acquisitions Strategy (CNHAS) Private Rental Scheme (PRS) budget of £36.3m including delegated powers to the temporary accommodation budget (still within Programme 4a of CNHAS) to provide additional affordable homes;

o  Approve the Local Authority Housing Fund (LAHF) Round 1, 2 and 3 funding with the relevant grant funding agreements (Annexe 1, 2 and 6);

o  Approve of the Surrey Road Development as per Annexe 3. (specifically, the recommendations of that report);

o  Approve of the Crescent Road Development as per Annexe 4. (specifically, the recommendations of that report); and

o  Approve of the Darracott Road Development as per Annexe 5. (specifically, the recommendations of that report)

• Poole Museum Capital Programme –

(a) To approve an overall increase of £1.708m in the capital programmes making up the Poole Museum redevelopment project for which is to be funded by

i. a grant uplift from NLHF of £750k

ii. a new grant from ACE of £450k

iii. other grants and donations totalling £558k

(b) To approve a new capital programme within this of £334k for the new Ceramics and Design Gallery.

·      Simpler Recycling Waste Reforms – Food waste – To purchase six food waste collection vehicles and required food waste containers and bins using £1.53M new burdens funding to support the introduction of food waste collections to Poole and all flats by 31 March 2026 as set out in the Simpler Recycling Waste Reforms Cabinet Report.

• Towns Fund Programme – Digital Connectivity Project Private Investment

o    approves entering into a legal agreement with FinNest Group Ltd to secure £2.5m private investment for the Digital Connectivity project, subject to proof of funds;

o    delegates authority to the Director of Law and Governance in consultation with the Director of Finance and the Interim Director of Investment and Development to negotiate and finalise the detailed terms of the legal agreement.

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.