Agenda, decisions and minutes

Venue: Committee Rooms 1 & 2 - Deanes. View directions

Contact: Democratic Services Team 

Link: Video recording

Items
No. Item

1/19

Apologies for absence

Minutes:

Apologies for absence were received from Councillors T Robinson and Bean.

2/19

Declarations of interest

Minutes:

There were no declarations of interest.

3/19

Urgent matters

To consider any items of business, other than those shown on this agenda and which, by reason of special circumstances to be stated at the meeting, in the opinion of the Chairman, should be considered at the meeting as a matter of urgency.

 

Minutes:

There were no urgent matters.

4/19

Minutes of the meeting held on 14 May 2019 pdf icon PDF 193 KB

The Chair will move that the minutes of the meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy.

Minutes:

The minutes of the meeting held on 14 May 2019 were confirmed as an accuraterecord and signed by the Chair.

 

5/19

Appointments to Executive Committees

1)       Basing View Executive Committee

 

NB: This should comprise 3 Members of Cabinet, excluding the Portfolio Holder for Planning, Infrastructure and Natural Environment

 

Current Members are: Councillors J Izett and H Eachus

 

 2)       Manydown Executive Committee

 

NB: This should comprise 3 Members of Cabinet, excluding the Leader and Portfolio Holder for Planning, Infrastructure and Natural Environment

 

Current Members are: Councillors S Bound and J Izett

Minutes:

Resolved: That the following be appointed:

 

1)         Councillors Eachus, Izett and Rhatigan to the Basing View Executive Committee.

 

2)         Councillors Bound, Izett and Golding to the Manydown Executive Committee

 

6/19

Ombudsman Decision - 17 012 432 pdf icon PDF 451 KB

This report evaluates and sets before Cabinet the position following the publication of a report on 21 March 2019 by the Local Government and Social Care Ombudsman (LGO). The report was issued after an investigation into the handling of an historic homelessness case which initiated over six years ago, in December 2012.

 

Report of the Monitoring Officer

Additional documents:

Decision:

That Cabinet

 

1)  Note and acknowledge the important public role of the Ombudsman in scrutinising and reviewing the actions of local authorities, together with the legally binding nature of findings of maladministration and injustice that he has made against the Council regarding the handling of an historic homelessness and housing matter.

2)    That Cabinet note that the Allocations Policy will be considered by the Scrutiny Committee when it undertakes its annual review of the housing allocation policy in September 2019

Recommendation to Council: That

3)    Council endorse the actions already taken, namely the written apology to the applicant and the procedural change to the published scheme of allocations and to advise recipients of housing decision letters of their right to complain to the ombudsman.

4)    Cabinet accepts and recommends to Council the recommendation in the report to pay compensation to the applicant of £4,500.

5)    The recommendation to make the applicant top of the list for each eligible property he bids for until that bid is successful, be rejected for the reasons stated in paragraph 3.8.1(c) of this report as it is not considered appropriate for Mr X to have priority over applicants who may be fleeing abuse or violence, or are dealing with acute and life limiting medical conditions

6)    Council note that instead of giving Mr X the priority recommended by the ombudsman, the applicant’s housing application has been reinstated with a registration date backdated to January 2013 reinstating him to the position he would have been had the maladministration not occurred

7)    The recommendations in paragraphs 3, 4, and 5 be adopted as the Council’s formal response under section 31 of the Local Government Act 1974 and that the ombudsman be notified of the actions that the Council has taken or agreed to take

8)    The recommendations in paragraphs 3,4, and 5 be adopted and recommended to Council as the Council’s formal response under section 5A of the Local Government and Housing Act 1989 and be sent to all members of council and the monitoring officer.

 

 

 

 

Minutes:

The Monitoring Officer introduced the report, which presented the Cabinet with details of the position following the publication of a report by the Local Government and Social Care Ombudsman (LGO), following an investigation into the handling of a historic homelessness case initiated over six years ago.  She stated that the council in discharging its homelessness duties, made a decision which impacted on the priority of the applicant on the housing register, who was later removed from the register when the council changed its housing allocations policy.  She referred to paragraphs 3.3 and 3.5 of the report which set out the circumstances of the case and the recommendations from the LGO.  She added that where maladministration had occurred, she had a duty to prepare a report for Cabinet to consider and determine, who must then report its recommendations to Council for consideration, the next council meeting being July.  Following consideration by Council, a response would be made to the Ombudsman.

 

A statement was presented to Cabinet on behalf of the Cabinet Member for Homes and Families where he accepted the findings of the Ombudsman. He stated that whilst the recommendations of the Ombudsman were not legally binding, he considered they should be implemented where possible.  He confirmed that an apology had been made to the applicant and recommended the applicant receive financial compensation.  Furthermore changes had been made to housing review letters to inform applicants about their right to complain to the Ombudsman.  He did not support the Ombudsman’s recommendation to make the applicant the top of the list for each eligible property that he could bid for until successful, as this action would result in the council acting outside of its lawfully adopted Allocations Scheme.  This would also disadvantage those applicants with an urgent or critical need such as applicants fleeing abuse, violence, or those with a debilitating life limiting illness as well as other households with a similar need as the applicant.  He stated that alternative action had been taken to backdate the applicants case to January 2013, the date ordered position if the maladministration had not occurred.  He highlighted that the matter would also be considered as part of the scrutiny process when the scrutiny committee undertakes its annual examination of the Allocations Policy.  He concluded that the applicant had accepted the offer of a three-bedroom property and had moved in.

 

Resolved: That Cabinet

 

1)  Note and acknowledge the important public role of the Ombudsman in scrutinising and reviewing the actions of local authorities, together with the legally binding nature of findings of maladministration and injustice that he has made against the Council regarding the handling of an historic homelessness and housing matter.

2)    Note that the Allocations Policy will be considered by the Scrutiny Committee when it  undertakes its annual review of the housing allocation policy in September 2019

Recommendation to Council: That

1)    Council endorse the actions already taken, namely the written apology to the applicant and the procedural change to the published scheme of allocations  ...  view the full minutes text for item 6/19

7/19

Revenue and Capital Outturn for 2018/19 pdf icon PDF 825 KB

This report provides the final revenue and capital outturn for 2018/19 and includes explanations which have been discussed and agreed with budget managers and portfolio holders and accords with the Council’s Policy and Budget Framework and supports the development of an effective and efficient Council.

 

Recommendation from the Cabinet Member for Finance and Service Improvement

Decision:

Recommendation to Council: That

 

Council Note:

 

1)    Net revenue expenditure on services in 2018/19 resulted in a favourable variation of £0.37M.

 

2)    The contributions at year end to specific reserves of £0.31M, with a residual sum of £0.06M transferred to the Stability and Resilience reserve as detailed in section 4 of the report.

 

3)    The reasons for both revenue and capital variances as detailed within the body of the report and in appendices 3 and 8. Capital expenditure in 2018/19 was £15.86M. This is £1.49M less than the last reported position.

 

4)    Contributions to and from reserves as set out in Appendices 4 and 5 of the report.

 

Council approve:

 

5)    The slippage and re-phasing of the capital programme for 2019/20 to 2022/23 detailed in Appendix 10 of the report.

Minutes:

The Cabinet Member for Finance and Service Improvement introduced the  report which presented the final revenue and capital outturn position for 2018/19 and compared it with the latest approved budget providing explanations of the material variances.  The report also identified the movement in reserves in line with the approved financial policies.

 

She highlighted the key areas of the report stating that a net revenue underspend of £0.37 million was largely due to additional income from Government subsidy grant particularly for housing benefits and extra income from industrial and commercial property although some of the income was offset from a reduction in planning income.    Furthermore, capital expenditure was £1.49 million lower than the latest budget mainly due to delayed spend on major schemes which would be rephased in the 2019/20 capital programme. 

 

She also highlighted some key schemes that had been delivered through the capital programme, such as 24 completed Local Infrastructure Fund projects, the provision of 50 additional parking spaces in residential roads, regeneration of Basing View, a new gym at Tadley, 170 home adaptations for disabled residents, help for 50 local businesses through the enterprise hub and 7 grants to businesses at the Top of Town, to support improvements to their property.

 

Cabinet commented that it was a huge achievement for the borough to fund capital projects through strong finance and wise investments undertaken by the borough compared to other local authorities and that it was promising for future investment in facilities for the community.

 

Recommendation to Council: That

 

Council Note:

 

1)    Net revenue expenditure on services in 2018/19 resulted in a favourable variation of £0.37M.

 

2)    The contributions at year end to specific reserves of £0.31M, with a residual sum of £0.06M transferred to the Stability and Resilience reserve as detailed in section 4 of the report.

 

3)    The reasons for both revenue and capital variances as detailed within the body of the report and in appendices 3 and 8. Capital expenditure in 2018/19 was £15.86M. This is £1.49M less than the last reported position.

 

4)    Contributions to and from reserves as set out in Appendices 4 and 5 of the report.

 

Council approve:

 

5)    The slippage and re-phasing of the capital programme for 2019/20 to 2022/23 detailed in Appendix 10 of the report.

8/19

Civil Parking Enforcement and Traffic Management Agency Agreements pdf icon PDF 429 KB

This report seeks approval to enter into new agency agreements with Hampshire County Council for civil parking enforcement and traffic management with effect from 1 April 2020.

 

Recommendation from the Cabinet Member for Environment and Enforcement

Decision:

 

That Cabinet

 

1)    Approve the decision to enter into new agency agreements for civil parking enforcement and traffic management with effect from 1 April 2020.

 

2)    Delegate authority to the Head of Environmental Services, in consultation with the Head of Law and Governance, to negotiate and enter into the revised agency agreements with Hampshire County Council.

 

3)    Work with the county council with the long term aim of delivering the agency agreements for Civil Parking Enforcement and Traffic Management on a full cost recovery basis.

 

Minutes:

The Cabinet Member for Environment and Enforcement introduced the report which set out details of a new agency agreement with Hampshire County Council for civil parking enforcement and traffic management with effect from 1 April 2020.         She stated that the agreement would enable the borough council to continue to exercise control and respond faster to local issues.

 

The Cabinet Member for Communities, Culture and Partnerships who previously had responsibility for the scheme thanked officers for their work to ensure the borough remains safe and to identify and respond to parking pressure points locally. He added that it also allows the borough to build on work such as investing in electric vehicle charging points.

 

Resolved: That Cabinet

 

1)    Approve the decision to enter into new agency agreements for civil parking enforcement and traffic management with effect from 1 April 2020.

 

2)    Delegate authority to the Head of Environmental Services, in consultation with the Head of Law and Governance, to negotiate and enter into the revised agency agreements with Hampshire County Council.

 

3)    Work with the county council with the long term aim of delivering the agency agreements for Civil Parking Enforcement and Traffic Management on a full cost recovery basis.

 

Reasons for the decision:

 

To enable the borough to work with Hampshire County Council with the long term aim of delivering the agency agreements for Civil Parking Enforcement and Traffic Management on a full cost recovery basis and to work in partnership with the county council to identify, develop and deliver targeted on-street EV charging points.

 

The loss of the Traffic Management Agency would significantly impact the council’s ability to respond swiftly and proportionately to local traffic issues.

 

9/19

Manydown Procurement and Governance pdf icon PDF 383 KB

This report provides an update on the procurement of the Preferred Bidder and seeks approval for the revision to the appointment of Invest Co.  It sets out  proposals for a Loan Facility Agreement between the Council and MGC LLP and seeks approval for the draft Dev Co Interim Business Plan.

 

Recommendation from the Cabinet Member for Regeneration and Property

Additional documents:

Decision:

That Cabinet

 

1)    Agree that the Council enters into contract with the selected Preferred Bidder;

 

2)    Approve the suite of documents detailed in Appendix 1 of the report and delegate authority to the Head of Law and Governance and Monitoring Officer to make any minor variations following the Gateway Review;

 

3)    Agree the revision to the appointment of Manydown Invest Co LLP as the Private Sector Partner as set out in paragraphs 2.7 and 2.8 of the report;

 

4)    Authorise the Head of Law and Governance and Monitoring Officer to enter into  the Loan Facility Agreement between the Council and Manydown Garden Communities (MGC) LLP Council;

 

5)    Permit the forward funding of up to £200,000 to be formally loaned as an advanced loan payment to finance the operation of MGC LLP with the understanding that the full Cost Plan will be outlined in the MGC LLP Business Plan for Cabinet approval in July;

 

6)    Approve the Dev Co Interim Business Plan and delegates authority to the Project Director in consultation with the Cabinet Member for Property and Development to approve any minor variances to the Plan, any material changes to the budget, programme or objectives  will require a further MGC LLP/Cabinet report;

 

7)    Approve that additional matters arising from or associated with any of the above delegations are delegated to the Head of Law and Governance and Monitoring Officer in consultation with the relevant senior officers and Cabinet Member.

 

Minutes:

The Cabinet Member for Regeneration and Property introduced the report which provided an update on the procurement of the Preferred Bidder and sought approval for the revision to the appointment of Invest Co. It also set out proposals for a Loan Facility Agreement between the Council and MGC LLP and sought approval for the draft DevCo Interim Business Plan.

 

He stated that contract negotiations had reached the final stages with the Private Sector Partner, Urban&Civic, however a minor modification was required to the appointment process of the Private Sector Partner to reflect the participation of the Wellcome Trust, a leading global charity organisation, as minority partners with Urban&Civic.  He recommended the DevCo Interim Business Plan to Cabinet and explained that DevCo was the operational joint venture organisation between BDBC, HCC and Urban&Civic above which sits the Manydown Garden Communities Limited Liability Partnership as the company representing the interests of the two councils.  He added that a DevCo Interim Business Plan sets out a programme of work and cost plan which includes areas such as planning strategy, Manydown quality standard,  design code, country park, employment and skills, community engagement and marketing, land draw down and ownership and management of community activities and facilities.  He added that the Manydown Garden Communities Business Plan would be considered by Cabinet in July, with the DevCo Business Plan considered in the next twelve months.  He also highlighted options in the report for both councils to invest up to 50% of development funding in DevCo at an attractive interest rate of 9%, which has been programmed into the capital programme for the next four years, with scope for additional investment in relation to land adjoining Manydown phase 1.  He concluded that good progress with the Manydown project had been made with the intention to submit a planning application in the autumn and work on site commencing in 2021 to provide the first homes.

 

Resolved: That Cabinet

 

1)    Confirm that the Council enters into contract with the selected Preferred Bidder;

 

2)    Approve the suite of documents detailed in Appendix 1 of the report and delegate authority to the Head of Law and Governance and Monitoring Officer to make any minor variations following the Gateway Review;

 

3)    Confirm the revision to the appointment of Manydown Invest Co LLP as the Private Sector Partner as set out in paragraphs 2.7 and 2.8 of the report;

 

4)    Authorise the Head of Law and Governance and Monitoring Officer to enter into  the Loan Facility Agreement between the Council and Manydown Garden Communities (MGC) LLP Council;

 

5)    Permit the forward funding of up to £200,000 to be formally loaned as an advanced loan payment to finance the operation of MGC LLP with the understanding that the full Cost Plan will be outlined in the MGC LLP Business Plan for Cabinet approval in July;

 

6)    Approve the DevCo Interim Business Plan and delegate authority to the Project Director in consultation with the Cabinet Member for Regeneration  ...  view the full minutes text for item 9/19