Agenda, decisions and minutes

Councillor Daniel Lister and Councillor Phil Larratt

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting.

None

To confirm the minutes of the meeting of Cabinet held on XXXXX.

RESOLVED: That the minutes from the Cabinet meeting on the 14^{th of} June 2022 were approved and signed as a true and accurate record.?

To receive communications from the Chair.

None

The Chairman to advise whether they have agreed to any items of urgent business being admitted to the agenda.

None

RESOLVED: That Cabinet;

a)    Noted the provisional outturn position for 2021-22;

b)    Approved the use of contingency budgets requested in section 5.83 and service carry forward requests in Appendix B

c)    Approved the agreed debt write-off requests that are greater than £25,000 as detailed in section 8.

d)    Noted the financial risks and issues identified for 2022-23.

REASONS RESOLVED: To ensure that the Authority complied with its financial regulations.

ALTERNATIVE OPTIONS: None

At the Chair’s invitation Councillor Malcolm Longley presented the report.

Councillors made the following comments.

·         What was the current situation with staffing in the Planning Department following the recent recruitment drive?

·         It was queried whether the council could reduce its energy usage to adhere to its climate strategy.

·         It was queried how much cost pressures would increase should the staffing strategy work due to previously vacant posts being filled.

·         It was noted that the council still used a large amount of agency staff, was there a way to reduce this?

·         The Children’s Trust had balanced their books by drawing down reserves, was there a way the council could keep an eye on the spend in that area?

·         The Adult Services budget was under pressure. It was queried whether the council was being overly ambitious in the savings it wished to deliver in this area.

·         The risk reserve was just over £40 million, what was the accuracy of this of this fund.

·         The robustness of the Council’s debt write off process was queried.

Councillor Malcolm Longley made the following comments.

·         It was agreed that there were inflationary pressures, and that best practice should be used when looking at energy spending.

·         The Children’s Trust was a noted risk due to the council not having control.

·         There are write-offs every year and these happen for a variety of reasons.

Councillor Mike Hallam advised that over the last 6 weeks every department has met with HR and Finance to go over and discuss their vacancies. The planning department was found to be of concern and there have since been over 100 applications to vacancies within that department.

Councillor Rebecca Breese advised that within the planning department there were currently now 7 Development Control Officers and 3 Planning Policy vacancies.

RESOLVED: That Cabinet.

a)    Noted the provisional outturn position for 2021-22.

b)   Approved the use of contingency budgets requested in section 5.83 and service carry forward requests in Appendix B

c)    Approved the agreed debt write-off requests that are greater than £25,000 as detailed in section 8.

d)   Noted the financial risks and issues identified for 2022-23.

RESOLVED: Cabinet;

a)    Noted the 2021-22 provisional capital outturn position for WNC general fund and HRA;

b)    Noted the proposed capital carry forwards for the GF capital programme which are required as a result of rephasing in the 2021-22 programme. These are detailed in appendix A;

c)    Noted the proposed capital carry forwards for the HRA capital programme which are required as a result of rephasing in the 2021-22 programme. These are detailed in appendix B;

d)    Noted the revised GF capital programme for 2022-26 (appendix C) including the new schemes which had been added to the programme since the 2022-23 budget was approved in February 2022.

e)    Noted the revised HRA capital programme for 2022-26 (appendix D) including the new schemes which have been added to the programme since the 2022-23 budget was approved in February 2022.

REASONS RESOLVED:

·         This in accordance with the policy of the Council and Constitution.

·         To ensure that the Authority complies with its financial regulations.

ALTERNATIVE OPTIONS: None

At the Chair’s invitation Councillor Malcolm Longley presented the report. 

Councillors made the following comments.

·         An update of the legacy Section 106 money issue was requested.

·         It was important for WNC to ensure that any capital projects met all the corporate objectives.

·         The need for a new fit for purpose traveller site was noted.

Councillor Malcolm Longley made the following comments.

·         The council had a limited income but all attempts to hit targets would be made.

·         There was no danger of losing the legacy Section 106 money.

·         It was advised that a traveller site was not currently on the agenda.

Councillor Rebecca Breese advised that there had been a plan for a traveller site, but it had been deemed not appropriate.

RESOLVED: That Cabinet.

a)    Noted the 2021-22 provisional capital outturn position for WNC general fund and HRA.

b)   Noted the proposed capital carry forwards for the GF capital programme which are required as a result of rephasing in the 2021-22 programme. These are detailed in appendix A.

c)    Noted the proposed capital carry forwards for the HRA capital programme which are required as a result of rephasing in the 2021-22 programme. These are detailed in appendix B;

d)   Noted the revised GF capital programme for 2022-26 (appendix C) including the new schemes which had been added to the programme since the 2022-23 budget was approved in February 2022.

e)    Noted the revised HRA capital programme for 2022-26 (appendix D) including the new schemes which have been added to the programme since the 2022-23 budget was approved in February 2022.

RESOLVED: That Cabinet;

a)    Approved the establishment of a 50 place SEND unit for pupils with a primary need of ASC at Hunsbury Park Primary School, Northampton.

b)    Noted the responses received during the 4 week period of consultation on the proposal that was conducted in May/June 2022.

c)    Delegated responsibility to Director of Children’s Services, in conjunction with the relevant portfolio holder to enter into all necessary contracts related to the delivery pf the proposed SEND unit.

REASONS RESOLVED:

1.    The proposal would help ensure that the Council is able to fulfil its statutory obligation of providing a sufficiency of SEND places within West Northamptonshire.

2.    The proposal would provide an increased number of SEND places and would help ensure that children with additional needs were able to access education in a provision that is best placed to meet their individual needs.

3.    The proposal could be considered to benefit all West Northamptonshire primary schools as it will reduce the need for mainstream school settings to provide places to children with additional needs where that provision is not best placed to meet a child’s additional needs.

4.    The recommended course of action was the most cost-effective and would reduce pressure on the High Needs Block (HNB) element of the Dedicated Schools Grant (DSG) via a reduction in the number of children being required to be placed in more expensive out of county and independent provisions to meet their individual needs.

5.    The Council and its customers would receive the maximum benefit from the option proposed.

ALTERNATIVE OPTIONS:

None

At the Chair’s invitation Councillor Fiona Baker presented the report. It was advised that consultation had now been concluded with various groups having been contacted for their views. There had been some local issues raised regarding traffic. Members were reminded that the school would enable WNC to fulfil its statutory duty in this area.

A councillor welcomed the report and advised that the views from residents with regards traffic were important, the council would need to create a traffic policy for this. Councillor Fiona Baker advised that this issue was being investigated.

RESOLVED:

a)    Approved the establishment of a 50 place SEND unit for pupils with a primary need of ASC at Hunsbury Park Primary School, Northampton.

b)    Noted the responses received during the 4 week period of consultation on the proposal that was conducted in May/June 2022.

c)    Delegated responsibility to Director of Children’s Services, in conjunction with the relevant portfolio holder to enter into all necessary contracts related to the delivery pf the proposed SEND unit.

RESOLVED: That Cabinet approved the Digital, Technology & Innovation Strategy 2022-2025 and supports its implementation across the Council.

REASONS RESOLVED:

1.    The Strategy allowed us to align the use of technology and digital with the wider Council vision and priorities, including our Corporate Plan.

2.    Adopting the Strategy ensured that we have a clear mandate and objectives with which to commission projects and programmes of work that deliver organisational transformation through technology. It also gives us a clear framework within which we can design our internal digital, technology and innovation capabilities to meet those objectives.

ALTERNATIVE OPTIONS: None

At the Chair’s invitation Councillor Mike Hallam presented the report. Members were advised that this strategy does not mean a commitment to being completely paper free.

A councillor made the following comments.

• Modernisation of systems was welcomed.
• It was queried how the existing data would be moved and how the back up data was cleaned.
• An update on the Microsoft 365 contract renewal was requested.
• Would the servers remain in the UK?

Councillor Mike Hallam advised that data is cleaned to the standard that is required at a local authority.  Currently the servers were still in the UK and although highly likely that they would remain so, all options would be looked at.

RESOLVED: That Cabinet approved the Digital, Technology & Innovation Strategy 2022-2025 and supports its implementation across the Council.

RESOLVED: That Cabinet;

a)    Noted the proposal made to the Trade Unions in respect of the new pay structure and the remaining ‘day one’ terms and conditions.

b)    Note the forward implementation plan.

c)    Note the budget implications.

REASONS RESOLVED:

·         The development of the pay structure sought to ensure that pay was transparent, equitable and fair at WNC.

·         A pay structure underpinned by job evaluation would promote fairness and in doing so helps mitigate the risk of equal pay claims.

·         There is a requirement to complete the activity which commenced pre-Vesting Day on determining the remaining ‘day one’ terms and conditions.

ALTENATIVE OPTIONS:

None

At the Chair’s invitation Councillor Mike Hallam presented the report and advised that there had been a lot of discussion with the unions on this matter.

Councillors made the following comments.

• It was requested that good communication continue to happen as the council needed to retain staff.
• It was noted that as of yet not all jobs have been matched into the new structure.
• What mitigations were in place should the budgetary implications go over the 5%? It was queried whether this had been costed?

Councillor Mike Hallam made the following comments.

• Staff would have 2 years of full pay protection.
• There had been extensive formal budget mapping carried out.
• It was advised that there had been good communication with the unions on this matter.

The Chief Executive advised members that these proposals would only affect new WNC employees, older staff from past authorities were protected by TUPE regulations.

RESOLVED: That Cabinet.

a)    Noted the proposal made to the Trade Unions in respect of the new pay structure and the remaining ‘day one’ terms and conditions. b)

b)   Noted the forward implementation plan.

c)    Noted the budget implications.

RESOLVED: That Cabinet agreed the aspirations for future rail services as set out in paragraph 8 for the purposes of continuing discussions with West Coast Partnership (WCP).

REASONS RESOLVED:

There was an opportunity to influence emerging proposals in favour of West

Northamptonshire. Direct contact with West Coast Partnership had been agreed by the DfT. Without constructive contact, the proposals now under development may not fully reflect the specific needs of West Northamptonshire in the face of alternative and even conflicting requirements.

ALTERNATIVE OPTIONS:

None

The Chair presented and moved the report. He invited Councillor William Barter, Assistant Cabinet Member for Rail, to comment on the report in the absence of Councillor Larratt.

Councillor William Barter made the following comments. 

• The Department for Transportation had shown an attempt to deal with some of the issues the council has raised.
• There were more opportunities available to the council should they be pushed for.
• It was advised that the report itself was a list of things the council would like to see happen.

Councillors made the following comments.

• It was important to integrate all parts of public transport into this.
• Connectivity of rural transport was important, the lack of accessibility at the Long Buckby station was an example of this.
• Looking at more park and rides would help get the council to net zero and ease the amount of traffic on the roads.

RESOLVED: That Cabinet agreed the aspirations for future rail services as set out in paragraph 8 for the purposes of continuing discussions with West Coast Partnership (WCP).

RESOLVED: That Cabinet:

a)    Approved the Health Protection Service Plan for the year 1 April 2022 to 31 March 2023.

b)    Approved the Food & Feed Standards Service Plan for the year 1 April 2022 to 31 March 2023.

c)    Approved the Spray Paint Enforcement Plan for 2022-23

d)    Approved the Tobacco Enforcement Plan for 2022-23

REASONS RESOLVED:

The recommendations were necessary to accord with the requirements of the Food Standards Agency and the Health & Safety Executive.

ALTERNATIVE OPTIONS:

None

At the Chair’s invitation Councillor David Smith presented the report, members were advised that this report was required to be produced on an annual basis.

Councillors made the following comments.

• It was noted that this was a very important report on a subject that was often under-recognised.
• It was queried whether the council had the capacity to do the work that the report advised needed to be done.
• After having to divert staff from this area to deal with export certification due to Brexit, could the council reclaim anything from central government?
• The food poisoning statistics within the county were worrying.

Councillor David Smith made the following comments.

• It was advised that there had been a 10% drop in income in food outlets which could be the reason for the increase in food poisoning cases.
• There were Covid recovery plans in place, the Food Standards Agency had recognised a need for this.
• There was a large amount of legislation to work through within regulatory services but there was a strong team in place for this.

RESOLVED: That Cabinet:

a)    Approved the Health Protection Service Plan for the year 1 April 2022 to 31 March 2023.

b)   Approved the Food & Feed Standards Service Plan for the year 1 April 2022 to 31 March 2023.

c)    Approved the Spray Paint Enforcement Plan for 2022-23 d) Approved the Tobacco Enforcement Plan for 2022-23

RESOLVED: Cabinet approve a new capital budget of £80k in 2022/23 to upgrade the existing One Angel Square access control system and change the Guildhall system to unify access across Northampton corporate offices.

REASONS RESOLVED:

1.    The Council needed to have secure arrangements for accessing its buildings, but the One Angel Square access control server is outdated and at risk of failure, and the Guildhall access control system is vulnerable to controller failure and needs updating to remedy this.

2.    Once the upgraded system is implemented, staff who access One Angel Square, the Guildhall or their associated buildings would only need a single card, promoting a common organisational identity and efficient working.

3.    The upgraded system would also allow the Council’s offices in other locations to be included in the future.

ALTERNATIVE OPTIONS: The Council had five main options:

1.    Do nothing. No capital investment needed. This leaves an operational risk should a controller at Guildhall or the server at Angel fail.

2.    Upgrade only, leave systems isolated £9k capital investment needed. Systems remain separate so multiple cards needed. Resilience issues remain.

3.    Upgrade and Northampton unification. £70k capital investment needed. This involves upgrading the Angel server and changing the system at the Guildhall. Rural offices remain separate for now.

4.    Upgrade and Northampton unification; separate rural unification £82k capital investment needed. Additional to (3) easier access between rural offices.

5.    Upgrade and full WNC unification. £120k capital investment needed. This involves both upgrading the OAS server and changing the systems at all WNC corporate offices (Northampton, Daventry & Towcester).

At the Chair’s invitation Councillor Malcolm Longley presented the report.

A councillor noted that it was disappointing to find the access system at One Angel Square had become outdated so quickly.

RESOLVED: Cabinet approve a new capital budget of £80k in 2022/23 to upgrade the existing One Angel Square access control system and change the Guildhall system to unify access across Northampton corporate offices

RESOLVED: Cabinet agreed that West Northamptonshire Council accepted

appointment as the responsible authority for the local nature recovery strategy (LNRS) for West Northamptonshire.

REASONS RESOLVED:

1.    Under the Environment Act 2021, England is required to be divided into areas for the production of LNRSs.

2.    It was considered helpful for West Northamptonshire to be such an area, allowing the new council to lead work which it could co-ordinate with, for example, its Tree Strategy & Policy, and its local plans.

3.    Being appointed as the responsible authority for an LNRS area which is coterminous with West Northamptonshire means there are no complexities from having to secure agreement with other councils over a wider area.

4.    It is also likely, but not certain, that being a single-council LNRS area will be financially beneficial in terms of ‘new burdens’ funding for the work involved.

5.    DEFRA has provisionally agreed that West Northamptonshire can be a LNRS area and WNC the responsible authority. It is therefore helpful to confirm the Council’s acceptance of this.

ALTERNATIVE OPTIONS

The Council had the following options.

1.    To accept designation as the responsible authority for the LNRS for West Northamptonshire. For the reasons given above, this seems the most desirable course of action.

2.    To accept West Northamptonshire as the area for a LNRS but not accept designation as the responsible authority. It seems unlikely that DEFRA would accept this, but if it did it would presumably result in Natural England being appointed as the responsible authority, thus losing the Council’s opportunity to shape the process and strategy.

3.    To argue for a different area for production of an LNRS covering West Northamptonshire. This would lose the clarity and simplicity of a West Northamptonshire LNRS. It might open up further opportunities for economies of scale in working, but many of these can be secured by two (or more) LNRS areas working together in any event.

The Chair presented the report and noted that the creation of nature recovery strategies would make running the process easier.

Councillors made the following comments.

• The importance of WNC taking the lead in the counties nature reserves was noted.
• Could there be links with housing developments, schools, and community groups?
• It was queried whether the employment of local people would serve the community better, this way the council could build up its own expertise.
• Could this also involve the Sustainability and Oversight group?
• It was noted that £16,000 had already been received, what had this been spent on?
• It was important for work to also be done within urban areas; this had been shown to have a positive effect on mental health.
• The use of certain types of herbicides had been known to have a negative effect on biodiversity and wildlife.

Councillor Adam Brown noted the concerns over the use of herbicides would be discussed with the portfolio holder.

RESOLVED: Cabinet agreed that West Northamptonshire Council accepted appointment as the responsible authority for the local nature recovery strategy (LNRS) for West Northamptonshire.

RESOLVED:

That authority was given to the Assistant Director of Assets & Environment to:

1.    Transfer the assets listed within Appendix A to the relevant parish councils on the basis set out in the report.

2.    Consider, in consultation with the Finance Portfolio Holder and the Environment, Transport, Highways and Waste Portfolio Holder, any objections to disposals of open space following publication of the intention to dispose required by Section 123(2A) of the Local Government Act 1972 and either proceed with each affected disposal or cease that disposal.

3.    Offer the freehold of each shop listed in Appendix B for transfer to the current tenant at the price established by a current Red Book valuation commissioned by the Council from an independent consultant, and if that offer is accepted to proceed with the disposal. Any disposal is to contain a restrictive covenant (or similar) to ensure that the ground floor of each property currently used for retail remains in commercial use.

4.    Following the completion of a ‘best and final’ offer process, negotiate and agree terms for a lease and agreement for lease for a battery energy storage facility (BESF) on the Council’s land at Booth Meadow, Northampton as set out in the report, and enter into any documentation required to implement this.

5.    In consultation with the Finance Portfolio Holder agree terms for the disposal of land off the A45 London Road, Daventry as set out in the report, and enter into any documentation required to implement this.

6.    Dispose off-market the land off Warwick Street, Daventry as set out in the report.

It is further recommended that:

1.    It is noted that investment would be required to replace the income provided by the estate shops in accordance with budget item 2223-B6-019.

2.    The Assistant Director Assets & Environment was authorised, in consultation with the Executive Director Finance, Director of Legal and Democratic and Monitoring Officer, and the Finance Portfolio Holder, to authorise and agree terms for lettings for BESFs similar to those proposed for Booth Meadow, and that the Constitution be amended accordingly.

3.    Cabinet acknowledged the competitive bidding process for the land off the A45 London Road, Daventry that has been undertaken by the other landowners is suitable to achieve best consideration from the disposal.

REASONS RESOLVED:

Overview

1.    It was sensible for the Council to review its estate and ensure it delivers the best overall value, taking policy and financial considerations together, to the residents of West Northamptonshire. Parish council transfers

2.    The Council had received several requests from parish councils to transfer various parcels of public open space useful to their local communities from the Council to them.

3.    It was considered that such assets are of purely local benefit and as such are better managed by those closer to them.

4.    Strategic interests would be protected by the Council having retain rights to re-acquire land or rights over land for £1 if it was required for infrastructure or if the parish council wished to dispose of  ...  view the full decision text for item 40.

At the Chair’s invitation Councillor Malcolm Longley presented the report. Members were advised that this was a ‘tidy up’ operation.

Councillors made the following comments.

• It was noted that estate shops were a crucial part of the community for many people. Some had even provided delivery services during lockdown for at risk people.
• Many of the shops needed repairs.
• What would happen should the tenants not be able to afford to buy?
• Was this a one off or would parishes be allowed to purchase further assets?

Councillor Malcolm Longley advised that this would not be a one off and further assets could be made available to parishes.

The Assistant Director Assets & Environment noted that maintenance had been a key issue and was being addressed.

RESOLVED: That authority was given to the Assistant Director of Assets & Environment to:

1. Transfer the assets listed within Appendix A to the relevant parish councils on the basis set out in the report.
2. Consider, in consultation with the Finance Portfolio Holder and the Environment, Transport, Highways and Waste Portfolio Holder, any objections to disposals of open space following publication of the intention to dispose required by Section 123(2A) of the Local Government Act 1972 and either proceed with each affected disposal or cease that disposal.
3. Offer the freehold of each shop listed in Appendix B for transfer to the current tenant at the price established by a current Red Book valuation commissioned by the Council from an independent consultant, and if that offer is accepted to proceed with the disposal. Any disposal is to contain a restrictive covenant (or similar) to ensure that the ground floor of each property currently used for retail remains in commercial use.
4. Following the completion of a ‘best and final’ offer process, negotiate and agree terms for a lease and agreement for lease for a battery energy storage facility (BESF) on the Council’s land at Booth Meadow, Northampton as set out in the report, and enter into any documentation required to implement this.
5. In consultation with the Finance Portfolio Holder agree terms for the disposal of land off the A45 London Road, Daventry as set out in the report, and enter into any documentation required to implement this.
6. Dispose off-market the land off Warwick Street, Daventry as set out in the report.

It is further recommended that:

1. It is noted that investment would be required to replace the income provided by the estate shops in accordance with budget item 2223- B6-019. 2. The Assistant Director Assets & Environment was authorised, in consultation with the Executive Director Finance, Director of Legal and Democratic and Monitoring Officer, and the Finance Portfolio Holder, to authorise and agree terms for lettings for BESFs similar to those proposed for Booth Meadow, and that the Constitution be amended accordingly. 3. Cabinet acknowledged the competitive bidding process for the land off the A45 London Road, Daventry that has been undertaken by the other landowners is suitable to achieve best consideration from the disposal.

RESOLVED: Cabinet;

a)    Noted the progress of developing the WNC UKSPF Investment Plan, including data analysis, review of feedback from the Member engagement, focus group workshops and online survey consultations, provided as an appendix to this report.

b)    Noted that an Investment Plan to secure this funding must be developed, including which interventions will be funded per annum

c)    Noted that under existing delegated powers, officers would submit the UKSPF Investment Plan by 1st August 2022 to the DLUHC and update Cabinet in September

REASONS RESOLVED:

a)    To ensure West Northamptonshire benefits from this grant funding to enhance the community, boost the economy and support local residents and businesses.

b)    To maintain ongoing economic growth within the area, particular with the impending loss of EU funding and the need to utilise UKSPF to deliver positive economic development within the community.

c)    To enable the Council to submit the UKSPF Investment Plan by 1st August 2022.

ALTERNATIVE OPTIONS.

·         To not develop and submit an Investment Plan for the UK Shared Prosperity Fund would result in a loss of major potential investment into the area, which would be used to support the community and place, business support and people and skills.

The Chair presented the report and noted that the fund was a relatively flexible one. The council needs to submit its Investment Plan by the 1^{st of} August 2022, this had been done with the help of various stakeholders. The final submission will be presented at the September cabinet meeting.

Councillors made the following comments.

·         There was a concern that the £5.4 million would be over 3 years, would this be enough?

·         Northants had ranked poorly on air quality, investing in green and cycle ways could help in this area.

·         This funding would be received in 3 tranches, had there been some thought on how the council would prioritise recipients of the fund.

·         An update on the Active Travel – Billing Road project was requested.

Councillor Adam Brown advised that he had raised concerns over the ‘business support measures to drive employment grades’ and whether this would be employment growth in the generic sense. Since then, assurances had been given that this would be a targeted employment grade.

RESOLVED: RESOLVED: Cabinet.

a)    Noted the progress of developing the WNC UKSPF Investment Plan, including data analysis, review of feedback from the Member engagement, focus group workshops and online survey consultations, provided as an appendix to this report.

b)   Noted that an Investment Plan to secure this funding must be developed, including which interventions will be funded per annum

c)    Noted that under existing delegated powers, officers would submit the UKSPF Investment Plan by 1st August 2022 to the DLUHC and update Cabinet in September