Agenda, decisions and minutes

Apologies for absence were received from Councillors J Barry and J Birkin.

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

None.

To approve as a correct record and the Leader to sign the attached Minutes of the meeting of Cabinet held on 28 March 2024.

RESOLVED - That the minutes of the meeting held on 28 March 2024 were approved as a true record.

Report of Councillor N Barker, Leader of the Council and Portfolio Holder for Strategic Leadership and Finance.

RESOLVED - That Cabinet approved the adoption of the People Strategy 2024.

REASONS FOR DECISION – The Strategy will enable the Council to develop further its people and the way in which they are organised. Developing employees and improving the organisation is integral to the successful delivery of the Council plan and achieving its strategic ambitions.

OTHER OPTIONS CONSIDERED AND REJECTED –The option of not adopting a People Strategy was considered but rejected. The strategy represents a clear commitment to our existing employees, potential employees, and the organisation’s future.

Please note that this was not a Key Decision and so can be implemented with

immediate effect by officers.

The reportto Members proposed that the draft People Strategy for 2024 be now approved and adopted by Cabinet.

Members heard how the proposed Strategy provided a Framework for the Council to develop further its employees, so that they could play a key role in helping to achieve the overarching objectives of the Council Plan and of achieving its vision of creating a Great Place. 

Cabinet discussed the report. There was strong support for the draft Strategy, which embodied the Council’s commitment to a ‘One Team’ approach. In this context, Members looked forward to the development of detailed action plans including timelines, resources and performance measures, for carrying forward the Strategy.

RESOLVED - That Cabinet approved the adoption of the People Strategy 2024

REASONS FOR DECISION - Developing our people and our organisation is integral to the successful delivery of our Council plan and strategic ambitions. We aim to provide an environment that produces a positive employee experience and through this helping us to further attract, develop and retain more people, talented and loyal people, at all levels throughout the organisation.

OTHER OPTIONS CONSIDERED BUT REJECTED - To not have a strategy. This strategy makes a clear statement about how the Council values and treats its people, and the culture it adopts, nurtures, and promotes, to enable everyone to achieve. This strategy represents a commitment to our existing employees, potential employees, and the organisation’s future.

Report of Councillor N Barker, Leader of the Council and Portfolio Holder for Strategic Leadership and Finance.

RESOLVED - That Cabinet noted progress against the Council Plan 2023-2027 objectives.

REASONS FOR DECISION - This was an information report to keep Members informed of progress against the council plan objectives.

OTHER OPTIONS CONSIDERED AND REJECTED – Not applicable to this report as it is providing an overview of progress against the council plan objectives.

Please note that this was not a Key Decision and so can be implemented with

immediate effect by officers.

The report to Cabinet updated Members on progress against the four Council Plan objectives for the period ending 31 March 2024. These objectives were to make the Council: a great place that cares for the environment, a great place to work, a great place to live well, and a great place to access good public services.

Cabinet discussed the content of the report. Members were reminded that all four Scrutiny Committees had considered the Plan and used it gauge performance against the specific Council Plan objectives which they have been asked to oversee. Cabinet welcomed this.

RESOLVED - That Cabinet noted progress against the Council Plan 2023-2027 objectives.

REASONS FOR DECISION - This is an information report to keep Members informed of progress against the council plan objectives.

OTHER OPTIONS CONSIDERED AND REJECTED - Not applicable to this report as it is providing an overview of progress against the council plan objectives.

Report of Councillor J Barry, Portfolio Holder for Growth and Assets.

RESOLVED - That Cabinet noted the content of the report.

REASONS FOR DECISION - To note progress of the activity funded by UK Shared Prosperity Fund.

OTHER OPTIONS CONSIDERED AND REJECTED – No alternative options are considered appropriate as the Investment Plan has been approved by DLUHC.

Please note that this was not a Key Decision and so can be implemented with

immediate effect by officers.

Cabinet received the lates update report on the implementation of the North East Derbyshire UK Shared Prosperity Fund Programme. The report explained how the Council had continued to deliver the Investment Plan for the Programme across the eleven Investment Areas. Members were informed that there were no immediate concerns about underspends of the fund by its closure date in March 2025. Cabinet welcomed this and thanked officers for their work in helping to successfully progress the Investment Plan.

RESOLVED - That Cabinet noted the content of the report.

REASONS FOR DECISION - To note progress of the activity funded by UK Shared Prosperity Fund.

OTHER OPTIONS CONSIDERED AND REJECTED - No alternative options are considered appropriate as the Investment Plan has been approved by DLUHC.

Report of Councillor P R Kerry, Deputy Leader of the Council and Portfolio Holder for Strategic Leadership and Finance with responsibility for Risk Management.

RESOLVED - That Cabinet approved the adoption of the new/reviewed Risk Management Strategy and Action Plan 2024.

REASONS FOR DECISION - The Council is committed to maintaining, developing, and actively monitoring the operation of a formal and systemic approach to Risk Management.

OTHER OPTIONS CONSIDERED AND REJECTED – Under relevant good practice and to facilitate the development of robust managerial arrangements, the Council is required to have in place a robust risk management framework - the alternative of not providing this was therefore rejected.

Please note that this was not a Key Decision and so can be implemented with

immediate effect by officers.

Cabinet was asked to approve and adopt the revised Risk Management Strategy 2024 and its Action Plan. The report explained that the revised Strategy had been prepared following on from a comprehensive external assessment of the Council’s Risk Management Strategy. This assessment revealed that across a range of themes and out of a maximum score of 5, the Council was assessed at level 4 overall, with the Council scoring level 5 for its Culture and Leadership. This was the highest possible score and classed as transformational.

Given the outcome of this external review, much of the existing framework and process could remain unchanged. However, some amendments were made to explain better the changing risk environment and to update the Action Plan to reflect the continual improvement requirements that had been identified.

Cabinet welcomed the Strategy and the Council’s high performance on addressing Risk Management. Members agreed to support the Strategy.

RESOLVED - That Cabinet approved the adoption of the new/reviewed Risk Management Strategy and Action Plan 2024.

REASONS FOR DECISION - The Council is committed to maintaining, developing, and actively monitoring the operation of a formal and systemic approach to Risk Management.

OTHER OPTIONS CONSIDERED AND REJECTED - Under relevant good practice and to facilitate the development of robust managerial arrangements, the Council is required to have in place a robust risk management framework - the alternative of not providing this was therefore rejected.

Report of Councillor N Barker, Leader of the Council and Portfolio Holder for Strategic Leadership and Finance.

RESOLVED - That Cabinet endorsed the amendments to the Adaptations Policy.

REASONS FOR DECISION - The Policy complies with legislation and provides a framework for administering adaptations funded through the Housing Revenue Account (HRA). The policy amendments are in line with the Local Government & Social Care Ombudsman decision and are based on legislation and case law.

OTHER OPTIONS CONSIDERED AND REJECTED – An alternative option of not amending  the policy was rejected, as the Council would fail to comply with the Local Government & Social Care Ombudsman decision and case law.

Please note that this was not a Key Decision and so can be implemented with

immediate effect by officers.

Cabinet was asked to endorse an amendment to the Adaptations Policy for Council-owned homes. The report explained that a court decision taken in 2020 stated that Disabled Facilities Grant for local authority housing tenants should be considered on the same basis as those for those in other tenures. Following on from this, the Policy had been amended to reflect the court’s decision. The amendment would result in more adaptations being completed, as applicants would not be required to move into an already adapted property.

Members considered the Policy. They welcomed confirmation that the proposed amendment would bring it into line with legislation and case law.

RESOLVED - That Cabinet endorsed the amendments to the Adaptations Policy.

REASONS FOR DECISION - The Policy complies with legislation and provides a framework for administering adaptations funded through the Housing Revenue Account (HRA). The policy amendments are in line with the Local Government & Social Care Ombudsman decision and are based on legislation and case law.

OTHER OPTIONS CONSIDERED AND REJECTED - An alternative option of not amending the policy was rejected, as the Council would fail to comply with the Local Government & Social Care Ombudsman decision and case law.

Report of Councillor S Pickering, Portfolio Holder for Environment and Place.

RESOLVED –

(1)          That Cabinet accepted the Independent Examiner’s report and recommended modifications to the Plan as set out in the Decision Statement at Appendix 1 in their entirety and the Plan, as amended, is taken forward to a referendum within the Parish as outlined in the report.

(2)          That Cabinet asks the Managing Director to exercise his existing delegation to make the Shirland and Higham Parish Neighbourhood Plan, if more than half of those voting in the referendum vote in favour of the Neighbourhood Plan.

REASONS FOR DECISION - The Shirland and Higham Neighbourhood Plan has been subject to examination by an Independent Examiner. The Examiner’s view is that subject to specified modifications, the Plan meets the Basic Conditions and other relevant legal requirements. Officers have considered each of the recommendations made in the Examiner’s report and agree with the Examiner’s findings in all cases.

OTHER OPTIONS CONSIDERED AND REJECTED – An alternative option would be to reject the Examiners recommendations, but only if there is good reason to do so. The Examiner’s recommendations align with Officers’ views and as such there does not appear to be any justification for not making the Plan, subject to a positive outcome at Referendum.

Please note that this was not a Key Decision and so can be implemented with immediate effect by officers.

Cabinet considered a report on the proposed Shirland and Higham Parish Neighbourhood Plan, which had been subject to review by the Independent Examiner.  The Independent Examiner, it was explained, had recommended specific modifications to the Neighbourhood Plan, including agreement with the majority of comments made by the District Council.

Members were recommended to agree to all of the changes put forward by the Independent Examiner. Consequently, these changes would now be put into a referendum version of the plan for the local community to vote on. If more than 50% vote in favour of it, then the Plan would have to be formally ‘made’ by the District Council. Cabinet was recommended to request that the Managing Director use his delegation to formally ‘make’ the Plan soon after a successful referendum.

RESOLVED –

(1)            That Cabinet accepted the Independent Examiner’s report and recommended modifications to the Plan as set out in the Decision Statement at Appendix 1 in their entirety and the Plan, as amended, is taken forward to a referendum within the Parish as outlined in the report.

(2)            That Cabinet asks the Managing Director to exercise his existing delegation to make the Shirland and Higham Parish Neighbourhood Plan, if more than half of those voting in the referendum vote in favour of the Neighbourhood Plan.

REASONS FOR DECISION - The Shirland and Higham Neighbourhood Plan has been subject to examination by an Independent Examiner. The Examiner’s view is that subject to specified modifications, the Plan meets the Basic Conditions and other relevant legal requirements. Officers have considered each of the recommendations made in the Examiner’s report and agree with the Examiner’s findings in all cases.

OTHER OPTIONS CONSIDERED AND REJECTED - An alternative option would be to reject the Examiner’s recommendations, but only if there is good reason to do so. The Examiner’s recommendations align with Officers’ views and as such there does not appear to be any justification for not making the Plan, subject to a positive outcome at Referendum.

To consider any other matter which the Leader is of the opinion should be considered as a matter of urgency, in accordance with the provisions of Statutory Instrument 2012 No 2089, Regulation 11.

None.