Agenda, decisions and minutes

Executive - Monday, 23rd November, 2020 10.00 am

Venue: Council Chamber, The Arc, Clowne

Contact: Alison Bluff  Governance Officer

Media

Items
No. Item

EX58-20/21

Apologies For Absence

Minutes:

There were no apologies for absence.

EX59-20/21

Urgent Items of Business

To note any urgent items of business which the Chairman has consented to being considered under the provisions of Section 100(B) 4(b) of the Local Government Act 1972.

Minutes:

There was no urgent business to be considered at the meeting.

EX60-20/21

Declarations of Interest

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

 

a)  any business on the agenda

b)  any urgent additional items to be considered

c)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

Minutes:

Members were requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

 

Councillor Liz Smyth, declared a Disclosable Pecuniary Interest in relation to Item 11 – Discretionary Grant Fund and Additional Restrictions Grant – due to X.  Councillor Smyth left the meeting for the discussion and vote on this item.

EX61-20/21

Minutes pdf icon PDF 252 KB

To consider the minutes of the last meeting held on 26th October 2020.

Minutes:

Moved by Councillor Duncan McGregor and seconded by Councillor Sandra Peake

RESOLVED that the minutes of a meeting of Executive held on 26th October 2020 be approved as a true and correct record.

Matters Referred from Scrutiny

Budget & Policy Framework Items

Non Key Decisions

EX62-20/21

Medium Term Financial Plan - Revised Budgets 2020/21 pdf icon PDF 431 KB

Additional documents:

Decision:

RESOLVED that;

 

1) Executive approves the revised General Fund budget for 2020/21 as set out in Appendix 1 and detailed in Appendix 2 to the report,

 

2) Executive approves the revised HRA budget for 2020/21 as set out in Appendix 3 to the report,

 

3) Executive approves the revised Capital Programme for 2020/21 as set out within Appendix 4 to the report.

 

Minutes:

Executive considered the report of the Portfolio Holder – Finance and Community Safety which sought approval of the 2020/21 revised budget for the General Fund, Housing Revenue Account and Capital Programme.  

 

The revised budget process was now complete and the proposed 2020/21 revised budget for the General Fund was attached to the report at Appendix 1.  The Coronavirus Pandemic had had a detrimental impact on the Council’s 2020/21 budget and the income loss and expenditure projections had now been included in the revised budgets, with the latest position as at 23rd October 2020.  The details of the net cost of each cost centre by Directorate was set out at Appendix 2.

 

The Housing Revenue Account (HRA) revised budget for 2020/21 was set out at Appendix 3 to the report.  Taking account of the proposed budget changes, the HRA was anticipated to deliver a surplus in the current financial year of £0.095m, which was slightly lower than the current budget.

 

The Council’s capital programme was set out at Appendix 4 to the report.  There were no issues reported with regard to the financing of the 2020/21 capital programme.

 

The Head of Finance and Resources & Section 151 Officer gave a presentation on the revised budgets.

 

Moved byCouncillor Clive Moesby and seconded by Councillor Duncan McGregor

RESOLVED that;

 

1) Executive approves the revised General Fund budget for 2020/21 as set out in Appendix 1 and detailed in Appendix 2 to the report,

 

2) Executive approves the revised HRA budget for 2020/21 as set out in Appendix 3 to the report,

 

3) Executive approves the revised Capital Programme for 2020/21 as set out within Appendix 4 to the report.

 

REASON FOR DECISION:

The report set out the revised budgets early within the financial year to ensure that identified budget savings were realised, that all budget managers were working to the revised budgets and to allow any planned changes to be delivered.  The revised budget now took account of the effect of the Covid 19 pandemic and of the Councils response thus far.

 

OTHER OPTIONS CONSIDERED:

General Fund and HRA

Any surplus on the Council’s two main revenue accounts would result in an increase in financial balances at the year-end which were available to protect services at a time of declining central government support.  It was proposed that additional resources would be transferred to reserves in preparation for future expenditure.

 

Capital

There were no alternative options being considered with regard to the proposed allocations from the Capital Programme budget as it ensured the Council’s assets met health and safety requirements in that they were maintained in a fit for purpose state that ensured they remained fully operational.

 

EX63-20/21

Adoption of 3 Local Development Orders to support the redevelopment of underutilised sites in the Council's ownership for custom and self-build.(ab) pdf icon PDF 1 MB

Decision:

RESOLVED that;

 

Executive approve the adoption of Local Development Orders to grant planning permission for residential development on the following sites:

 

·           Springfield Close, Clowne (Appendix 1);

·           Damsbrook Drive North, Clowne (Appendix 2); and

·           Damsbrook Drive South, Clowne (Appendix 3).

 

SUBJECT to the standard conditions as set out at 6.1 of the report.

 

Minutes:

Executive considered the report of the Portfolio Holder – Corporate Governance, which sought the adoption of three Local Development Orders (LDOs) to support the redevelopment of underutilised sites in the Council’s ownership for custom and self-build.

 

It was proposed to adopt LDOs for residential development on the following three sites:

·         Springfield Close, Clowne

·         Damsbrook Drive North, Clowne

·         Damsbrook Drive South, Clowne

These sites had been chosen because they were within the settlement framework where housing was acceptable in principle, had safe and suitable accesses and residential development on these sites was unlikely to have a harmful impact on the character, appearance and amenities of their local areas.

 

Appendices 1 to 3 to the report provided a detailed planning analysis of each of the sites and included any site-specific conditions and the reasons for those conditions.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Sandra Peake

RESOLVED that;

 

Executive approve the adoption of Local Development Orders to grant planning permission for residential development on the following sites:

 

·           Springfield Close, Clowne (Appendix 1);

·           Damsbrook Drive North, Clowne (Appendix 2); and

·           Damsbrook Drive South, Clowne (Appendix 3).

 

SUBJECT to the following standard conditions:

 

1.    Prior approval of: external appearance, landscaping, layout and scale must be obtained from the Local Planning Authority prior to the commencement of any development

2.    The design of the proposed development of the dwelling house/s must be in accordance with the design principles set out in the Successful Places Design Guide

3.    Any new build dwelling granted prior approval under this order must be built in accordance with the approved plans

4.    Any new build dwelling granted prior approval under this this order must meet the statutory definition of custom and/or self-build housing as defined in the Self-build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016)

5.    Each dwelling must be provided with a minimum of two parking spaces and any designated parking spaces, manoeuvring areas for vehicles off the public highway and access to the public highway shall be maintained free of any obstruction throughout the lifetime of any new house granted prior approval under the Order; and

6.    The site specific conditions set out in the detailed planning analysis of each site set out in appendices 1-3 to this report.

REASON FOR DECISION:

The reasons for the adoption of the Local Development Orders are:

i.              To allow the Council to obtain best value for underutilised pieces of land whilst improving the environment quality of the District

ii.            To attract private investment in this land through a simplified and less costly planning process which provides a guarantee the land can be developed to address the Council’s duties under the Self-build and Custom Housebuilding Act 2015; and

iii.           To ensure a consistent high quality of design was achieved that provided a long-lasting legacy that would benefit the local community, improve the character and appearance of the local area and add variation to the existing housing stock.

OTHER OPTIONS CONSIDERED:

Alternative options would  ...  view the full minutes text for item EX63-20/21

EX64-20/21

First Year Review of the Single Equality Scheme 2019-2023 pdf icon PDF 299 KB

Additional documents:

Decision:

RESOLVED that Executive notes the progress made and achievements under the first year review of the Single Equality Scheme 2019-2023.

 

Minutes:

Executive considered the report of the Portfolio Holder – Corporate Governance which presented the first year review of the Single Equality Scheme 2019 – 2023.

 

The report explained that the Single Equality Scheme 2019-2023 provided a framework for implementing the Council’s obligations with regard to the general and specific equality duties and encompassed the range of protected characteristics as defined with the Equality Act 2010.  The Scheme set out the Council's legal responsibilities, four corporate equality objectives with actions and measures, performance monitoring arrangements and responsibilities for equality.  Appendix 1 to the report illustrated the achievements and progress under each objective.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Deborah Watson

RESOLVED - That Executive notes the progress made and achievements under the first year review of the Single Equality Scheme 2019-2023.

 

REASONS FOR DECISION:

The report was for information only to keep the Executive informed of progress against the Single Equality Scheme and to note achievements.

 

OTHER OPTIONS CONSIDERED:

No other options were considered as it was a statutory requirement to publish information to demonstrate compliance with the general equality duty.

 

Key Decisions

EX65-20/21

Exclusion of the public

To move:-

 

“That under Section 100(A)(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the stated Part 1 of Schedule 12A of the Act and it is not in the public interest for that to be revealed.” [The category of exempt information is stated after each item].

Minutes:

Moved by Councillor Steve Fritchley and seconded by Councillor Duncan McGregor

RESOLVED - that under Section 100(A)(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the stated Part 1 of Schedule 12A of the Act and it is not in the public interest for that to be revealed. [The category of exempt information is stated after each Minute].

PART 2 - EXEMPT ITEMS

Matters Referred from Scrutiny

Budget & Policy Framework Items

Non Key Decisions

Key Decisions

EX66-20/21

Environmental Health Service Review

Decision:

RESOLVED that Executive

 

1)    request the Head of Paid Service to use delegated authority, in consultation with the Joint Director of Environment and Enforcement and the Portfolio Holder for Streetscene and Environmental Health, to make changes to the establishment as specified within the report.

 

2)    recommend the additional cost associated with the revisions to the Environmental Health structure be included in the Medium Term Financial Plan to be considered for approval by Council.

 

Minutes:

Executive considered a report of the Portfolio Holder – Streetscene and Environmental Health.  The report updated Executive on the Environmental Health service review and proposed changes to the structure of the Environmental Health service to address recruitment and retention, reduce reliance on the use of temporary and agency support and to provide capacity to deliver the Council’s priorities.

 

Moved by Councillor Deborah Watson and seconded by Councillor Clive Moesby

RESOLVED - that Executive:-

 

1)    request the Head of Paid Service to use delegated authority, in consultation with the Joint Director of Environment and Enforcement and the Portfolio Holder for Streetscene and Environmental Health, to make changes to the establishment as specified within the report.

 

2)    recommend the additional cost associated with the revisions to the Environmental Health structure be included in the Medium Term Financial Plan to be considered for approval by Council.

 

REASON FOR DECISION:

To provide additional capacity to be able to meet the needs and objectives of the Council by providing a professional and expert Environmental Health Service to residents and businesses.

 

OTHER OPTIONS CONSIDERED:

To do nothing would not help delivery of the Council’s Ambition objectives to enhance enforcement activity to address environmental crime and to provide an effective Environmental Health Service.  This would result in the continued use of temporary and agency resources to deliver statutory services. 

 

(Paragraphs 1,2, and 3)

 

 

EX67-20/21

Corporate Debt – Write-off of Outstanding Amounts

Decision:

RESOLVED that Executive agrees to write-off the amounts summarised at 1.11 (£129,484) and individually detailed in Appendix 1 to the report.

Minutes:

Executive considered a report of the Portfolio Holder – Finance and Community Safety.  The report sought approval for the proposed write-off of debts in respect of Business Rates, Council Tax, Housing Rents and Overpaid Housing Benefits, which were detailed in Appendix 1 to the report.

 

Moved by Councillor Clive Moesby and seconded by Councillor Sandra Peake

RESOLVED - that Executive agrees to write-off the amounts summarised at paragraph 1.1 (£129,484) and individually detailed in Appendix 1 to the report.

 

REASON FOR DECISION:

Writing-off amounts which were no longer collectable was an essential part of the debt management process. 

 

OTHER OPTIONS CONSIDERED:

No other options were considered as all available options to recover the debt had been explored. 

 

(Paragraphs 1 and 3)

Councillor Liz Smyth left the meeting at this point.

EX68-20/21

Discretionary Grant Fund and Additional Restrictions Grant

Decision:

RESOLVED that;

 

1) Executive notes the report and endorses the awards set out in full in Appendix A to the report that were made on the basis of the priorities and criteria set for the original discretionary grant funding,

 

2) Executive notes the details of the forthcoming Additional Restrictions Grant as set out in Appendix B to the report and endorses the proposals as set out in the recommendation.

 

Minutes:

Executive considered a report of the Portfolio Holder – Corporate Governance.  The report sought endorsement for the allocation of funding from the first round of discretionary grant funding.  The report also set out for consideration the criteria for allocation of discretionary grant funding from the forthcoming Additional Restrictions Grant.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Deborah Watson.

RESOLVED - That:-

 

1) Executive notes the report and endorses the awards set out in full in Appendix A to the report that were made on the basis of the priorities and criteria set for the original discretionary grant funding,

 

2) Executive notes the details of the forthcoming Additional Restrictions Grant as set out in Appendix B to the report and endorses the proposals as set out in the recommendation.

 

REASONS FOR DECISION:

The original discretionary grant fund had been successfully utilised to support a number of businesses across the District.  In addition, no application from any eligible business had been refused a discretionary grant.  On this basis, it was recommended to endorse the awards made and the proposed criteria as set out in the report.

 

OTHER OPTIONS CONSIDERED:

The option to not make changes and ‘to do the same as before’ had been rejected for the reasons set out in paragraph 1.16 of the report.

 

(Paragraph 3)