Agenda and minutes

The Minutes of the meetings held on 11 July 2013 and 15 August 2013 were taken as read and signed as a correct record.

(N.B. Councillor Jones declared a Disclosable Other Interest in the following item of business as he was a Governor of Fairfield Infants School)

The Board considered a report of the Strategic Director, Children and Enterprise, which provided a summary of the outcome of the Section 77 consultation on the proposal to change the use of Fairfield High School Playing Field.

 

The Board was reminded that at its meeting on 28 March 2013, it had considered a report on the Peel House Lane site and recommended its future use for cemetery and housing development. Permission was required to change the use of the playing fields through the submission of a Section 77 application to the Secretary of State. However, a six week public consultation had to be undertaken prior to this submission.

 

The Board was advised that, in line with the Section 77 Guidance, a letter outlining the proposed change of use was sent to Wade Deacon and Fairfield Infant and Junior Schools, authorised users of the field and houses in the vicinity. In addition, a notice was placed in the local newspaper and on the Council’s web site and displayed in other public places. Four responses were received during the consultation period and details of these were attached at Appendix C. The completed Section 77 Notice was attached at Appendix D awaiting submission to the Secretary of State.

 

Reason(s) for Decision

 

To allow use of the Council’s land to generate capital receipts needed to bring forward the Cemetery and Fairfield Infants and Juniors site.

 

Alternative Options Considered and Rejected

 

Alternative solutions would be to look at other uses for the land. However, a 50 year capacity cemetery was required and there were few other location options. In addition, the housing solution would provide the funds to undertake the work and any surplus could be used to contribute to the Fairfield Infant and Junior Schools project. To not use the surplus land for housing would require additional funds to be made available to undertake the works needed at the cemetery and nothing would be left for the Schools.

 

Implementation Date

 

The Section 77 application would be sent to the Secretary of State on 6 September 2013.

 

RESOLVED: That the Board

 

1)    note the response to the consultation; and

 

2)      gives approval to submit a Section 77 application to change the use of Fairfield High School Playing Field (Peelhouse Lane) to cemetery and residential development.

The Board considered a report of the Chief Executive which advised on his use of delegated powers to grant a waiver of Procurement Standing Orders.

 

The Board was advised that, as part of the development programme for Social Workers, Halton had been asked to procure training on behalf of the North West Regional Board – Sector Led Improvement. It was reported that the programme, delivered by Griffin Care, had been previously used in the region, and had delivered effective outcomes. It had provided individualised coaching with a bespoke adaptation programme which other providers would not have been able to deliver within the specified timescales.

 

The Board noted that the waiver was for this sole programme, amounting to a sum of £20,400 to be spent during September 2013 and January 2014, with 22 days of follow up coaching as part of the total spend. It was noted that the programme would be formally monitored by the North West Regional Board to ensure prescribed outcomes were achieved which supported Halton’s front line workforce in their training and development.

 

RESOLVED: That the Board note the actions of the Chief Executive in the waiver under Procurement Standing Order 1.8.4 (e) to waive Procurement Standing Order 4.1. Competition Requirements.

The Board considered a report of the Strategic Director, Communities, which provided an update on the current projects and areas of work associated with improvements in Urgent Care.

 

The Board was advised that, during 2012, Halton Borough Council (HBC) and the NHS Clinical Commissioning Group (HCCG) developed the Urgent Care Partnership Board to lead on the development and management of the Urgent Care system used by those resident in the Borough. The work of the Board was supported by the implementation of Halton’s Urgent Care Strategy and Response Plan, developed in the Autumn of 2012.

 

The report provided Members with information on current performance, recent national developments and current local developments, with details of each of the work programmes associated with the projects attached at Appendix 1.

 

RESOLVED: That

 

1)    the contents of the report and associated Appendix be noted; and

 

2)    the work programmes and associated projects outlined in Appendix 1, be endorsed.

 

The Board considered a report of the Strategic Director, Communities, which updated Members on the plans for the Rugby League World Cup 2013 (RLWC 2013).

 

The Board was advised that the RLWC 2013 would run between 26 October 2013 and 30 November 2013. Halton Stadium would host the USA team Training Base after their arrival in England. It was reported that a number of partner agencies (the Halton consortium), had prepared a delivery plan, which was attached to the report at Appendix A. The Halton consortium would prepare detailed plans for a Civic Reception, Coaching Master Class, Open Training Session and Community Engagement Activity. The Board noted that the delivery plan was intended to attract engagement across the age ranges in sport and cultural activities, with the opportunity to deliver further activity in other community settings.

 

Other opportunities for services to re-brand their activities during the tournament were detailed in the report, with the opportunity to link into a number of national initiatives such as Try Reading and Education Resource.

 

RESOLVED: That the contents of the report be noted and the Delivery Plan, attached at Appendix A, be approved.

The Board considered a report of the Strategic Director, Communities, which provided Members with an update on the re-development of the Widnes Recreation Site, Liverpool Road, Widnes.

 

The Board was advised that a business plan had been prepared which contained background detail, project outline and associated financial implications for the development of a sports facility at the former recreation site. It was noted that the new sports facilities would include new changing facilities, an indoor activity room, kitchen facilities, an external multi use games area, a new cricket pitch, reconfiguration of the outdoor sports pitches and improvements to the car park. The Board noted that the draft business plan would be sent to Sport England for comments.

 

It was reported that the estimated £2.680m required to fund the scheme would be raised by the proposed sale of 3 acres of land at the Widnes Recreation site for housing development.

 

The report constituted a preliminary estimate report for the purposes of Procurement Standing Orders 2.1.

 

RESOLVED: That

 

1)    the proposals for the redevelopment of the former Widnes Recreation Site, Liverpool Road, Widnes, be approved;

 

2)    Council be recommended to approve inclusion of the former Widnes Recreation Site development within the Council’s Capital Programme;

 

3)    the Strategic Director, Communities, the Operational Director, Legal and Democratic Services, in consultation with the Portfolio Holder for Community and Sport, be authorised to implement the project, provided planning permission is obtained and the indicative prices outlined in the report are not exceeded;

 

4)    Officers be authorised to begin public consultation with Sport England on the sports facility proposed within the Business Plan, attached at Appendix A; and

 

5)    Officers be authorised to proceed with planning applications and place the proposed housing land on the open market and to obtain tendered prices for the build cost.

The Board received a report of the Strategic Director, Policy and Resources, which sought approval to grant the waiver of Procurement Standing Orders for the scanning and indexing of images for the Revenues and Benefits Division.

 

The Board was advised that the Revenues and Benefits Division successfully implemented a document managing and workflow system in January 2001. The contract was extended in 2006 and 2010, with the current contract due to expire in September 2015. It was reported that a new one year contract and re-negotiation of the existing contract had resulted in a saving of £19,500 over a three year term. Details of the Business Case were given in the report and covered transparency of the contract, propriety assured with integrity clauses built into the document. The Operational Director, Finance, would be accountable for awarding the contract and having responsibility for the internal and external audit process.

 

RESOLVED: That the waiver of Procurement Standing Order 4.1 Competition Requirements, be approved in order to allow the Council to enter into a new one year contract with Northgate Information Systems, for the scanning and indexing of images for the Revenues and Benefits Division.

 

The Board considered a report of the Strategic Director, Children and Enterprise, which updated them on the proposed site upgrade works at Lowerhouse Lane Depot.

 

The Board was advised that a recent Health and Safety Executive  (HSE) site visit raised a number of health and safety related concerns relating to how the depot operated. As a result, a feasibility study was undertaken and proposals put forward to overcome the major concerns raised. It was noted that HSE officers had indicated that they were happy with the proposals, which would address the remaining issues and leave the depot fit for purpose for the foreseeable future. Details of the planned current proposals were attached to the report for Members’ information.

 

RESOLVED: That

 

1)    the proposals with regards to the proposed site upgrade works at Lowerhouse Lane Depot be approved; and

 

2)      Council be recommended to include in the Capital Programme the capital works with a total estimated cost of £735,000 to be funded, as set out in section 5 of the report.

The Board considered a report of the Strategic Director, Policy and Resources, which sought approval for the Council to access a framework agreement for the provision of agency workers.

 

Members were advised that, although the Council had reduced its spend on agency staff, there would always be an operational need to use some agency staff in order to maintain essential services. The Merseyside Procurement Partnership (MPP) awarded a collaborative framework agreement in September 2009 for a period of four years to Matrix SCM, for the provision of agency workers. Over the period of the four year term, the estimated contract value was £7.6m. The Board was reminded that it had approved a preliminary estimates report on 28 March 2013, which allowed the Council to participate in a collaborative procurement process with MPP. This was led by St Helens Borough Council who had undertaken a pre-procurement process for MPP. It was noted that all members of MPP had participated in the options appraisal and the market review to identify the best solution available, as an alternative consideration to conducting a new tender process.

 

It was reported that, as a result of the process, the MSTAR framework had been identified as the best option for MPP members to select; it provided agency resourcing services to local authorities and other wider public sector organisations throughout the UK. The report provided details of the framework evaluation and award criteria, together with details of the potential annual savings for Halton.

 

RESOLVED: That

 

1)    the Council access the MSTAR Framework under a call-off contract with Matrix SCM for the provision of agency workers, in compliance with Procurement Standing Orders 1.3.1. Framework Agreements and 2.10.3, Acceptance of Tenders exceeding £5m;

 

2)     the Council continues to participate in the collaborative supply arrangement with Merseyside Procurement Partnership (MPP), to ensure maximisation of purchasing power on a common category of spend within the region; and

 

3)      Directorates continue to ensure full compliance with the new agency worker framework under a call-off with Matrix SCM, in order to provide continuous improvement, visibility of spend and value for money efficiency gains. In addition, no protection should be given to existing suppliers who would not sign up to the contract.

The Board considered a report of the Operational Director, Finance, which summarised the overall revenue and capital spending position as at 30^th June 2013.

 

          In overall terms, revenue expenditure was £0.364m below the budget profile, however, this was only a guide to eventual spending. It was noted that spending on employees was £155,000 below the budget profile at the end of the quarter.

 

Members were advised that the economic downturn continued to affect budgeted income targets. A number of income budgets were below their profile including industrial estate rents, catering sales and fees and charges on leisure and recreation services.

 

 With regard to capital spending, it was reported that spending to the 30^th June 2013 totalled £12.3m, which was 99% of the planned spending of £12.4m at this stage. However, this represented 23% of the total capital programme of £53.6m (which assumed a 20% slippage between years).

 

The Council’s Balance Sheet was monitored regularly in accordance with the Reserves and Balances Strategy which formed part of the Medium Term Financial Strategy. The key reserves and balances had been reviewed and were considered prudent and appropriate at this stage in the financial year.

 

It was noted that, from 1 April 2013, Halton Borough Council and the Clinical Commissioning Group (CCG) had agreed to pool their resources, due to the increased challenges for the Health and Social Care economy in Halton.  This would result in the alignment of systems, more effective and efficient joint working, improved pathways, the speeding up of discharge processes and would set the scene for the future sustainability of meeting the current and future needs of people with complex needs.

 

RESOLVED: That

 

1)    all spending continues to be limited to the absolutely essential;

 

2)    Strategic Directors ensure overall spending at year-end is within their total operational budget; and

 

3)    Council approve the revised capital programme, as set out in Appendix 3 attached to the report.

The Board considered a report of the Strategic Director, Communities, on the findings and recommendations of the Environment Policy and Performance Board Tree Working Group for adoption and endorsement.

 

The Board was advised that in June 2012, a Tree Working Group was established by the Environment and Urban Renewal Policy and Performance Board. The Working Group considered issues relating to inspection and liability, insurance claims following alleged damage to property, the management of the Council’s tree stock and neighbour issues such as tree height and maintenance.

 

The report contained details of a number of recommendations made by the Working Group for consideration by Executive Board. These included the development of a new Tree Strategy, the creation of an Open Space Officer post to oversee implementation of its work, implementation of a tree inspection regime, preparation of new advice and guidance leaflets, identification of a suitable tree management system and exploration of opportunities to generate income through the sale of logs or arisings.

 

RESOLVED: That

 

1)    the recommendations of the Environment and Urban Renewal Policy and Performance Board Tree Working Group be adopted; and

2)    the recommendations for Capital Funding be referred to the Budget Working Group, and if minded, the funding identified be supported.

The Board considered a report of the Strategic Director, Communities, which sought approval for the introduction of the Managing Agents Accreditation Scheme (MAAS) for private sector managing agents.

 

The Board was advised that Accreditation Schemes were promoted as good practice by Government; many Local Authorities across the UK had adopted this method of working with landlords to help improve standards within the private rented sector. MAAS run by local authorities were a concept already operating by some neighbouring authorities, including Wirral Borough Council. It was reported that, as a result of the Safer Policy and Performance Board review into anti-social behaviour in the private rented sector, the development of a Managing Agent Accreditation Scheme for Halton was identified within the Private Rented Sector Action Plan 2013.

 

It was noted that, following consultation, seven local letting agents had expressed an interest in joining a Halton MAAS scheme, details of which were contained in the report.

 

RESOLVED: That the Managing Agent Accreditation Scheme, outlined in the report, be approved and implemented as soon as is practicable.

The Board considered a report of the Strategic Director, Policy and Resources, which sought approval for the publication of the draft Affordable Housing Supplementary Planning Document (SPD) for consultation.

 

The Board was advised that the purpose of the Affordable Housing SPD was to provide greater certainty and clarity for all parties involved in the delivery of affordable housing in Halton, through the planning system. The SPD was intended to supplement Policy CS13 of the Halton Core Strategy Local Plan, which was formally adopted by full Council in April 2013. It was reported that the SPD would be a material consideration for the determination of all applicable residential development applications (of ten or more dwellings), and provide the Council with greater detail and certainty when guiding the provision of affordable housing across the Borough.

 

RESOLVED: That

 

1)    the consultation draft Affordable Housing SPD, attached at Appendix A, be approved for the purposes of public consultation for a six week period; and

 

2)    any minor drafting amendments to be made to the consultation draft Affordable Housing SPD prior to public consultation, be agreed by the Operational Director, Policy, Planning and Transportation in consultation with the Executive Board Member for Physical Environment.

 

The Board considered a report of the Strategic Director, Policy and Resources, on the adoption of the Statement of Community Involvement (SCI) Local Plan Document.

 

The Board was advised that the SCI set out the way the Council involved the local community, stakeholders and statutory bodies in the preparation and revision of Local Plans. It also described the Council’s arrangements for involving the community when planning applications and major development proposals were under consideration.

 

The Board was reminded that, at its meeting on 23 May 2013, it had approved the Draft Statement of Community Involvement for public consultation. The responses to representations made, and the proposed amendments to the text of the SCI which accommodated those representations, were attached at Appendix B.

 

Approval was sought for the formal adoption of the SCI 2013 as part of the Halton Local Plan Framework (attached at Appendix A).

 

RESOLVED: That

 

1)    the Statement of Community Involvement (attached at Appendix A) be adopted as a Local Plan Document and the procedures for adoption, as set out in the Town and Country Planning (Local Development) ( England) Regulations be carried out;

 

2)     the results of the public consultation, as set out in the Statement of Consultation (attached at Appendix B) be noted; and

 

3)    further editorial and technical changes that do not materially affect the content or intended purpose of the SCI, be agreed by the Operational Director, Policy, Planning and Transportation, in consultation with the Portfolio holder for the Physical Environment if necessary, before the document is published.

 

The Board considered a report of the Strategic Director, Children and Enterprise, which set out the potential regeneration delivery models to support Halton’s continuing regeneration.

 

The report advised that the drive behind the regeneration opportunity lay primarily within the Mersey Gateway Regeneration Strategy, the Core Strategy, the Housing Strategy and the Economy, Enterprise and Property Departmental Strategic Regeneration Framework. Each of these contained a broad spread of possible projects across a number of key geographical and thematic areas, which provided a range of regeneration outcomes.

 

A Regeneration Framework would provide an organisational umbrella under which projects could be progressed, monitored and controlled. The Framework would be developed through input from a range of stakeholder groups and accommodate projects of varying sizes and scope. It was proposed that oversight of a Framework would come from a Regeneration Board which would incorporate the activity currently undertaken by the Capital Development Group, and an illustration of how it would operate was attached at Appendix 1, with key benefits detailed in the report.

 

The following regeneration models were outlined in the report for consideration by Members:

 

·       Local Asset Backed Vehicles (LABV);

·       Joint Venture;

·       Public Sector Partnership (PSP);

·       The Council acting as a Developer; and

·       Developing Agreements.

In addition, there were a number of innovative financing models used in regeneration including:

 

·       Tax Incremental Financing (TIF);

·       Business Rates Retention;

·       Changes to Capital Receipts;

·       Community Infrastructure Levy; and

·       Venture Capital Loan Funds including ‘JESSICA’.

Reason(s) for Decision

 

In regard to the regeneration governance proposals, set out in the report, it enabled the Council to maintain a coherent and structured approach to how it managed and delivered on its existing and future regeneration initiatives. Regarding the delivery models in the report, the approach advocated, allowed the Council to ‘pick and choose’ the delivery model best suited to the development.

 

 

 

Alternative Options Considered and Rejected

 

Consideration had been given to establishing a Regeneration Company. However, this would be time consuming and would still require the Council’s Human and Financial resources to be factored into the development of such a company.

 

Consideration had been given to entering into a long-term arrangement with one ‘preferred’ developer/partner, but this may reduce the Council’s flexibility and rate of return on some developments.

 

Implementation Date

 

1 October 2013.

 

RESOLVED: That

 

1)    the preferred Governance Option outlined at section 3.2. of the report be developed further;

 

2)    a Regeneration Board be established in line with the preferred Governance Option;

 

3)    the delivery models outlined in section 3.3 of the report be noted;

 

4)    different delivery models be applied to different projects and programmes; and

 

5)    different financing models outlined in section 3.4 of the report be noted.

 

The Board considered a report of the Strategic Director, Communities, which sought approval to tender for the Halton Domestic Abuse Service. It also sought approval for the provision of homeless services and for the waiver of Standing Orders to extend existing contracts for Belvedere and Orchard House.

 

The report provided Members with details of the background to the changes in the duty to assist those whose homelessness needs were immediate, to an approach which offered earlier intervention to prevent homelessness. The Board was advised that, following  the 2011/12 Scrutiny Review of Homelessness, a number of changes were made to the service offer in Halton’s homelessness hostels. Access to homelessness hostels had been managed through the Housing Solutions Team, which ensured that services were targeted towards local need and were only put in place where a statutory duty existed. Details of occupancy levels and costs were attached at Appendix 1.

 

The Board noted that Grangeway Court required refurbishment with a need for communal facilities. The proposal would reduce the number of units from 30 to 28, which was considered to be sufficient to meet local needs. However, occupancy would be monitored to ascertain the impact of welfare reforms. The Board had previously approved the re-commissioning of Orchard House as a Homelessness Crisis Intervention Service when the new homelessness hostel opened in Widnes; the current provider, CIC had agreed to an extension of contract until 31 October 2013, but further approval was sought to extend this arrangement to October 2014, with an option to extend for a further six months beyond that on a month by month basis.

 

RESOLVED: That Executive Board

 

1)    agrees the use of Procurement Standing Orders 1.8.4 (a) and (e)  to waive part 2 of Procurement Standing Orders which refer to contracts between £173,934 and £1,000,000 in value, to extend existing contractual arrangements with Community Integrated Care (CIC), for the provision of support services at Belvedere Homeless Hostel and Orchard House Homeless Hostel for a period of 12 months from 31/10/13 to 31/10/14, with an option to extend for a further six months, to be determined on a  month by month basis, in order to maintain levels of provision to meet current and anticipated demand and to ensure the continuity of service;

 

2)    agrees the use of Procurement Standing Orders 1.8.4 (a) and ( e) to waive Part 2 of Procurement Standing Orders which refer to contracts between £173,934 and £1,000,000 in value, to extend existing contractual arrangements  with Your Housing Group for the provision of support services at Grangeway Court for a period of 12 months from 5/10/13 to 5/10/14, in order to maintain levels of provision to meet current and anticipated demand and to ensure continuity of service, whilst refurbishment works are undertaken;

 

 

3)    approve the capital expenditure set out in section 6, Financial Implications, relating to capital improvement works at the Council owned buildings at Grangeway Court;

 

4)     approves the proposal to tender for the provision of the Support Services at Granegway Court, with  ...  view the full minutes text for item 69.

PART II

In this case the Board has a discretion to exclude the press and public and, in view of the nature of the business to be transacted, it is RECOMMENDED that under Section 100A(4) of the Local Government Act 1972, having been satisfied that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act.

 

            The Board considered:

 

(1)      whether Members of the press and public should be excluded from the meeting of the Board during consideration of the following item of business in accordance with Sub-Section 4 of Section 100A of the Local Government Act 1972 because it was likely that, in view of the nature of the business to be considered, exempt information would be disclosed, being information defined in Section 100 (1) and paragraph 3 of Schedule 12A of the Local Government Act 1972; and

                                                                                                           

(2)      whether the disclosure of information was in the public interest, whether any relevant exemptions were applicable and whether, when applying the public interest test and exemptions, the public interest in maintaining the exemption outweighed that in disclosing the information.

 

          RESOLVED: That as, in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information, members of the press and public be excluded from the meeting during consideration of the following items of business in accordance with Sub-Section 4 of Section 100A of the Local Government Act 1972 because it was likely that, in view of the nature of the business, exempt information would be disclosed, being information defined in Section 100 (1) and paragraph 3 of Schedule 12A of the Local Government Act 1972.

 

          The Board considered a report of the Strategic Director, Children and Enterprise, on the development of the former Barge pub site at Castlefields and on the variation of the terms of disposal.

 

          The report provided details of the previously approved terms of disposal, changes that had occurred since then and a revised offer letter. Members were advised that the proposal supported the Borough’s Regeneration objectives and optimised the return from the disposal of property assets, whilst being in line with the Castlefields Masterplan.

 

Reason(s) for Decision

 

To dispose of surplus land at best value and to encourage sustainable housing investment in the Borough.

 

Alternative Options Considered and Rejected

 

The do nothing option would mean that the site remained unused for a further period of time, which would result in continued costs to the Council. To reject the revised offer and market the site to other developers would run the risk of delays and possibly no other interest. This option presented a significant opportunity to commence a first stage development of the site, which in turn would present a catalyst for future development of the Lakeside area of Castlefields and in due course Canalside on the north of the canal.

 

Implementation Date

 

Once approval was received and subject to planning and contract, the target date for a start on site was October 2013.

 

          RESOLVED: That

 

1)    the variation to the terms of disposal of approximately 5.9 acres or residential development land to Keepmoat Ltd be approved, subject to planning permission and subject to contract; and

 

2)    the Operational Director for Economy, Enterprise and Property, be authorised to arrange for all required documentation to be completed to the satisfaction of the Operational Director, Legal and Democratic Services.

          The Board considered a report of the Strategic Director, Children and Enterprise, on the proposed development of the former Bayer site at Widnes Waterfront and proposals for the disposal of the site by a development  agreement.

 

          The report provided Members with details of the proposals for the site which supported the Borough’s Regeneration objectives, optimised the return from the disposal of property assets, and was in line with the Core Strategy.

 

          RESOLVED: That

 

1)    the disposal of approximately 40 acres of land to Gazeley UK Ltd, by development agreement, be approved;

 

2)    the Operational Director, Economy, Enterprise and Property, in  consultation with the Leader and the Portfolio Holders for Resources and for Physical Environment, be authorised to agree the final net price payable by Gazeley UK Ltd, agree with BIS the recovery of the Council’s reasonable costs from this project, agree with BIS their reasonable share of the proceeds from the land sale; and

 

3)    the operational Director, Economy, Enterprise and Property, be authorised to arrange for all required documentation to be completed to the satisfaction of the Operational Director, Legal and Democratic Services.

MINUTES ISSUED: 11 September 2013

 

CALL-IN: 18 September 2013

 

Any matter decided by the Executive Board may be called in no later than 5.00pm on 18 September 2013