Agenda, decisions and minutes

Councillor Anthony Hutchinson, Chair of the Growth Scrutiny Committee, gave his apologies for Item 4, Overview & Scrutiny Work Programme 2020-21.

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.

Councillor Charlotte Cupit and Councillor Alex Dale both declared an interest in Item 6, Consultation on Area Housing Offices, as former members of the Rykneld Homes Limited (RHL) Board. They confirmed that they would not take part in Cabinet’s discussion of and determination on this item and would leave the meeting during Cabinet’s consideration of it.

To approve as a correct record and the Leader to sign the attached Minutes of the meeting of Cabinet held on 20 August 2020.

The minutes of the Cabinet meeting held on 20 August 2020 were approved as a true record.

Report of the Chairs of the Scrutiny Committees

RESOLVED - That Cabinet supported the Communities Scrutiny Committee, the Growth Scrutiny Committee and the Organisation Scrutiny Committee Work Programmes for the 2020/21 municipal year. 

REASON FOR DECISION – To keep Cabinet informed of the projected work of the Council’s Scrutiny Committees. 

OTHER OPTIONS CONSIDERED AND REJECTED - No alternative options were considered.

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

Cabinet received the proposed work programmes for the Communities Scrutiny Committee, the Growth Scrutiny Committee and the Organisation Scrutiny Committee.  The work programmes covered the 2020-21 municipal year.  Members were informed that they would be implemented flexibly, so that the committees could address any unexpected issues which might emerge during the year. 

Members welcomed the proposed Scrutiny Committee work programmes and the wide range of issues which they covered. They also welcomed the intended flexible approach to how they would be implemented.

RESOLVED - That Cabinet supported the Communities Scrutiny Committee, the Growth Scrutiny Committee and the Organisation Scrutiny Committee Work Programmes for the 2020/21 municipal year. 

REASON FOR DECISION – To keep Cabinet informed of the projected work of the Council’s Scrutiny Committees. 

OTHER OPTIONS CONSIDERED AND REJECTED - No alternative options were considered.

Report of Councillor K Tait, Chair of the Communities Scrutiny Committee.

RESOLVED –

(1)          That Cabinet supported the recommendations of the Communities Scrutiny Committee review into Residential Parking, as set out in the report.

(2)          That a detailed response to the Committee’s specific recommendations, as set out in the report, be prepared.

(3)          That a meeting be arranged with Derbyshire County Council to consider ways of improving enforcement of existing on-street parking restrictions.

REASONS FOR DECISION - To appraise Cabinet of the Communities Scrutiny Committee Review’s findings and to respond to its recommendations. 

OTHER OPTIONS CONSIDERED AND REJECTED - No other options were considered by Cabinet.

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

Cabinet considered a report of Councillor Kevin Tait, Chair of the Communities Scrutiny Committee, on the Committee’s Review of Residential Parking. The review had, it was explained, sought to understand the residential parking issues affecting the District and to offer specific suggestions about how these issues might be resolved.

Members considered the Committee’s findings and its recommendations. These included the possible introduction of a facility on the Council’s website to report inappropriate parking, more action to enforce the existing parking restrictions and further work to see if the number of off-street parking places could be increased.

Cabinet welcomed the review and thanked the Committee for its valuable work. As part of the discussion, Members made it clear that they supported strongly the enforcement of existing parking restrictions and were keen to work with Derbyshire County Council to help improve enforcement action. They also welcomed the suggestion that off-street parking ought to be increased, especially through the use of environmentally friendly systems, such as ‘Grass Crete’ and asked for this to be investigated further.

RESOLVED –

(1)          That Cabinet supported the recommendations of the Communities Scrutiny Committee review into Residential Parking, as set out in the report.

(2)          That a detailed response to the Committee’s specific recommendations, as set out in the report, be prepared.

(3)          That a meeting be arranged with Derbyshire County Council to consider ways of improving enforcement of existing on-street parking restrictions.

REASONS FOR DECISION - To appraise Cabinet of the Communities Scrutiny Committee Review’s findings and to respond to its recommendations. 

OTHER OPTIONS CONSIDERED AND REJECTED - No other options were considered by Cabinet.

Report of Councillor A Dale, Leader of the Council and Portfolio Holder for Overall Strategic Leadership.

RESOLVED – That Cabinet noted the quarterly outturns against the Council Plan 2019-2023 targets

REASON FOR DECISION – To inform Cabinet of progress against the Corporate Plan targets and to bring to its attention specific achievements and areas of concern.

OTHER OPTIONS CONSIDERED AND REJECTED – No other options were considered.  The report provided information and an overview of performance against agreed targets.  

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

Cabinet received an update on performance against the Council Plan Targets for the first quarter of the 2020-21 financial year. Members were reminded that the update covered the period when the Council’s operations and services had been most affected by Coronavirus (Covid-19) outbreak. As a consequence, progress towards achieving these targets had been reduced in some instances.

Members considered performance against the Council Plan Targets achieved during the quarter. They discussed those targets were less progress had been made than expected as a result of the Coronavirus (Covid-19) outbreak. Members heard about what progress in these areas had continued to be made during the ‘lockdown’ and in the subsequent period, as well as what further progress could now be expected.

RESOLVED – That Cabinet noted the quarterly outturns against the Council Plan 2019-2023 targets

REASON FOR DECISION – To inform Cabinet of progress against the Corporate Plan targets and to bring to its attention specific achievements and areas of concern.

OTHER OPTIONS CONSIDERED AND REJECTED – No other options were considered.  The report provided information and an overview of performance against agreed targets.  

Report of Councillor A Powell, Portfolio Holder for Housing, Communities and Communications.

RESOLVED –

(1)          That Cabinet noted the feedback from the Consultation carried out on the future of the Area Housing Offices.

(2)          That Cabinet agreed that the Area Housing Offices be now permanently closed.

REASONS FOR DECISION - To clarify the position of the currently closed Area Housing Offices. Their customers have largely found alternative methods of payment which are now readily available.

OTHER OPTIONS CONSIDERED & REJECTED - The option of re-opening the Area Housing Offices was considered but rejected, given the consultation outcomes and the more cost effective payment options which are readily available.

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

Councillor Charlotte Cupit and Councillor Alex Dale left the meeting at this point.

Cabinet was informed of the outcome of the consultation exercise on the future of the District’s four Housing Offices, which had been carried out by Rykneld Homes Limited (RHL). Members were reminded that these offices had been temporarily closed as a result of the Coronavirus (Covid-19) outbreak. 

Cabinet heard that that very few of those who had been consulted had asked for the offices to remain open. Cabinet was also informed that practically all tenants were now successfully using the other, more cost effective ways of making rent and other payments.

Members discussed the results of the consultation exercise.  Cabinet heard of what had been done to help encourage people to use the new ways of making payments and the ongoing work to help elderly and other people who might find it difficult to use the online options. Members also recognised the substantial savings that could be achieved following the permanent closure of the offices and how this would help to reduce the overall cost of the rent collection service to all of the RHL tenants.  

RESOLVED –

(1)          That Cabinet noted the feedback from the Consultation carried out on the future of the Area Housing Offices.

(2)          That Cabinet agreed that the Area Housing Offices be now permanently closed.

REASONS FOR DECISION - To clarify the position of the currently closed Area Housing Offices. Their customers have largely found alternative methods of payment which are now readily available.

OTHER OPTIONS CONSIDERED & REJECTED - The option of re-opening the Area Housing Offices was considered but rejected, given the consultation outcomes and the more cost effective payment options which are readily available.

Report of Councillor C Cupit, Deputy Leader of the Council and Portfolio Holder for Environmental Services

RESOLVED -

(1)          That the Council’s Statement of Community Involvement be amended to allow for the temporary suspension of the provisions that relate to making copies of Local Plan documents available to view at key locations throughout the District and charging for hard copy documents; where this is necessary due to national or local restrictions put in place as a result of the Coronavirus (Covid-19) pandemic.

(2)          That in consultation with the Portfolio Holder for Environmental Services, the Assistant Director Planning be authorised to implement the measures specified in Section 6.2 of the report, when these are considered necessary.

REASONS FOR DECISION -

To enable the Council to put in place arrangements to enable appropriate public consultation on the Local Plan to continue to continue during the period of the Coronavirus (Covid-19) pandemic. 

OTHER OPTIONS CONSIDERED AND REJECTED -

Other options were considered but rejected for the reasons specified in the report.

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

Councillor Charlotte Cupit and Councillor Alex Dale returned to the meeting at this point.

Cabinet considered a report which recommended temporary amendments to the Council’s Statement of Community Involvement (SCI). These amendments were required in order to take into account the Coronavirus (Covid-19) restrictions and to ensure that public consultation on the Local Plan continued to take place in a safe way during the virus outbreak. In particular, the report recommended that the requirement for paper copies of the Local Plan to be placed on deposit at specific locations across the District be suspended. It also recommended that a range of other measures be implemented, if or when they became necessary. 

Cabinet discussed the proposed changes, which it agreed were sensible and proportionate.

RESOLVED -

(1)          That the Council’s Statement of Community Involvement be amended to allow for the temporary suspension of the provisions that relate to making copies of Local Plan documents available to view at key locations throughout the District and charging for hard copy documents; where this is necessary due to national or local restrictions put in place as a result of the Coronavirus (Covid-19) pandemic.

(2)          That in consultation with the Portfolio Holder for Environmental Services, the Assistant Director Planning be authorised to implement the measures specified in Section 6.2 of the report, when these are considered necessary.

REASONS FOR DECISION -

To enable the Council to put in place arrangements to enable appropriate public consultation on the Local Plan to continue to continue during the period of the Coronavirus (Covid-19) pandemic. 

OTHER OPTIONS CONSIDERED AND REJECTED -

Other options were considered but rejected for the reasons specified in the report.

Report of Councillor C Cupit, Deputy Leader of the Council and Portfolio Holder for Environmental Services

RESOLVED -

(1)          That Cabinet endorsed the Planning Enforcement Plan and recommended it to Planning Committee for approval and adoption.

(2)          That the Council’s Communications Team be authorised to prepare a resident accessible version of the Plan, prior to its submission to Planning Committee and to then support a public communication campaign if it is agreed by the Committee.

(3)          That any subsequent amendments to the Plan, required as a result of customer feedback, legislative or regulatory changes, be agreed with the Portfolio Holder with responsibility for the Planning function and Chair of Planning Committee, prior to the formal review of the Plan, in 2024.

REASONS FOR DECISION -

Approval and publication of the Plan would give the public a better understanding of this often contentious area of the council’s work and provide to all interested parties a service standard to expect and to work to.

OTHER OPTIONS CONSIDERED AND REJECTED -

The option of not preparing a Planning Enforcement Plan for the District was considered but rejected. It would not help the public or the many others who often have just periodic interest in enforcement cases to understand the context in which the system works to and thereby manage their expectations.

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

Cabinet was asked to consider and endorse a draft ‘Planning Enforcement Plan’ for the Council. Members heard about the scope and purpose of the proposed Plan and in particular, how it would make clear what the public could reasonably expect from the Planning Service when reporting a suspected breach of planning control. The Plan would also set out a framework for monitoring performance and workloads of the Planning Enforcement service area.

Members were reminded that the Council’s Planning Committee was responsible for Planning Enforcement and would need to agree the proposed Plan. On that basis Cabinet agreed to endorse the draft Planning Enforcement Plan and recommend to Planning Committee for approval.

RESOLVED -

(1)          That Cabinet endorsed the Planning Enforcement Plan and recommended it to Planning Committee for approval and adoption.

(2)          That the Council’s Communications Team be authorised to prepare a resident accessible version of the Plan, prior to its submission to Planning Committee and to then support a public communication campaign if it is agreed by the Committee.

(3)          That any subsequent amendments to the Plan, required as a result of customer feedback, legislative or regulatory changes, be agreed with the Portfolio Holder with responsibility for the Planning function and Chair of Planning Committee, prior to the formal review of the Plan, in 2024.

REASONS FOR DECISION -

Approval and publication of the Plan would give the public a better understanding of this often contentious area of the council’s work and provide to all interested parties a service standard to expect and to work to.

OTHER OPTIONS CONSIDERED AND REJECTED -

The option of not preparing a Planning Enforcement Plan for the District was considered but rejected. It would not help the public or the many others who often have just periodic interest in enforcement cases to understand the context in which the system works to and thereby manage their expectations.

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.

There were no Urgent Public Items for Cabinet to consider.

The Leader to move:-

That the public be excluded from the meeting during the discussion of the following items of business to avoid the disclosure to them of exempt information as defined in Part 1 of Schedule 12A to the Local Government Act 1972, (as amended by the Local Government (Access to Information) (Variation) Order 2006).  [The category of exempt information is stated after each item].

Private Session

RESOLVED – That the public be excluded from the meeting during the discussion of the following items of business to avoid the disclosure to them of exempt information as defined in Part 1 of Schedule 12A to the local Government Act 1982 (as amended by the Local Government (Access to Information)(Variation) Order 2006).

The category of exempt information is stated after each Minute.

Report of Councillor A Foster, Chair of the Organisation Scrutiny Committee.

(Paragraphs 1 & 2)

RESOLVED –

(1)          That Cabinet supported the recommendations of the work to date of the Organisation Scrutiny Committee’s review into Health and Wellbeing within the Council.

(2)          That Cabinet authorised that a detailed response be prepared to the Committee’s findings, as set out in the report, with a specific focus on improvements that could now be made.

REASONS FOR DECISION - To apprise Cabinet of the Organisation Scrutiny Committee Review’s findings and to respond to them. 

OTHER OPTIONS CONSIDERED AND REJECTED - No other options were considered by Cabinet.

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

Cabinet considered a report of Councillor Angelique Foster, Chair of the Organisation Scrutiny Committee, on the Committee’s review into Health and Wellbeing provisions for the Council’s employees.

Members considered the report and the review findings. There was a consensus that this had been an important piece of work. It had confirmed that many staff valued greatly working for the Council and regarded it as a good employer. The review had also highlighted some practical issues about workplaces and staff facilities. Cabinet asked that these issues be assessed to determine what action could then be taken to address them.

RESOLVED –

(1)          That Cabinet supported the recommendations of the work to date of the Organisation Scrutiny Committee’s review into Health and Wellbeing within the Council.

(2)          That Cabinet authorised that a detailed response be prepared to the Committee’s findings, as set out in the report, with a specific focus on improvements that could now be made.

REASONS FOR DECISION - To apprise Cabinet of the Organisation Scrutiny Committee Review’s findings and to respond to them. 

OTHER OPTIONS CONSIDERED AND REJECTED - No other options were considered by Cabinet.

(Paragraphs 1 and 2)

Report of Councillor J Kenyon, Portfolio Holder for Leisure, Transformation and Climate Change.  KEY DECISION

                                                                      (Paragraphs 3 & 4)

RESOLVED -

(1)          That Cabinet approved the proposed works at Eckington Pool and budget as outlined in the report, funded from the Capital Programme.

(2)          That the Head of Transformation and Organisation, in consultation with Portfolio Holder for Transformation and Climate Change, be authorised to enter the relevant agreements/contracts associated with the effective delivery of the project.

(3)          That the Head of Transformation and Organisation, in consultation with the Portfolio Holder for Transformation and Climate Change, determines whether the in-fill of the deep end of the pool should proceed following further exploration of the cost and potential benefit of the proposal.

REASONS FOR DECISION - The agreed work would improve the life of the facility, the customer experience, increase participation and improve the financial performance of the facility

OTHER OPTIONS CONSIDERED AND REJECTED - Other options were considered but rejected for the reasons specified in the report.

This is a Key Decision.  The call-in period for the decision will run until Tuesday 22 September 2020.

The report to Cabinet sought approval for investment at Eckington Swimming Pool. The funding would enable essential upgrade works to take place. It would also enable improvements to be made that would reduce the carbon footprint of the facility, save on running costs and improved the experience of those customers using the pool. Cabinet welcomed this.

RESOLVED -

(1)          That Cabinet approved the proposed works at Eckington Pool and budget as outlined in the report, funded from the Capital Programme.

(2)          That the Head of Transformation and Organisation, in consultation with Portfolio Holder for Transformation and Climate Change, be authorised to enter the relevant agreements/contracts associated with the effective delivery of the project.

(3)          That the Head of Transformation and Organisation, in consultation with the Portfolio Holder for Transformation and Climate Change, determines whether the in-fill of the deep end of the pool should proceed following further exploration of the cost and potential benefit of the proposal.

REASONS FOR DECISION - The agreed work would improve the life of the facility, the customer experience, increase participation and improve the financial performance of the facility

OTHER OPTIONS CONSIDERED AND REJECTED - Other options were considered but rejected for the reasons specified in the report.

(Paragraphs 3 and 4)

Report of Councillor C Cupit, Deputy Leader of the Council and Portfolio Holder for Environmental Services KEY DECISION

(Paragraphs  1, 2 & 3)

RESOLVED –

(1)          That Cabinet requested the Head of Paid Service to exercise his delegation to make the changes to the structure of the Planning Service, as specified in the report.

(2)          That the financial changes, as specified in the report be approved.

(3)          That formal consultation with Planning Service staff and unions now commence.

(4)          That Cabinet requested the Head of Paid Service to use his delegated authority, in consultation with the Joint Director of Environment and Enforcement and the Portfolio Holder for Environmental Services to make changes to the Establishment following formal consultation with staff. 

REASONS FOR DECISION - The changes would provide additional capacity to meet the needs and objectives of the Administration by providing a professional and expert Planning Service to residents and businesses.

OTHER OPTIONS CONSIDERED AND REJECTED - Other options were considered but rejected for the reasons specified in the report.

This is a Key Decision.  The call-in period for the decision will run until Tuesday 22 September 2020.

The report to Cabinet set out proposals to alter the current organisational structure of the Planning Service These changes, it was explained, would provide additional capacity to deliver the Council’s priorities and objectives for the service. Members discussed the proposed new structure, the consultation arrangements with staff that would be put in place and the financial implications of the proposed changes.

RESOLVED –

(1)          That Cabinet requested the Head of Paid Service to exercise his delegation to make the changes to the structure of the Planning Service, as specified in the report.

(2)          That the financial changes, as specified in the report be approved.

(3)          That formal consultation with Planning Service staff and unions now commence.

(4)          That Cabinet requested the Head of Paid Service to use his delegated authority, in consultation with the Joint Director of Environment and Enforcement and the Portfolio Holder for Environmental Services to make changes to the Establishment following formal consultation with staff. 

REASONS FOR DECISION - The changes would provide additional capacity to meet the needs and objectives of the Administration by providing a professional and expert Planning Service to residents and businesses.

OTHER OPTIONS CONSIDERED AND REJECTED - Other options were considered but rejected for the reasons specified in the report.

(Paragraphs 1, 2 and 3)

Report of Councillor C Renwick, Portfolio Holder for Economic Growth

Key Decision                                                                          (Paragraphs 3 & 5)

RESOLVED -

(1)          That Cabinet approved the specific proposals related to the site as set out in the report.

(2)          That Cabinet approved the required officer delegations as specified in the report.

(3)          That Cabinet approved the submission of a funding bid for specific actions as set out in the report.

(4)          That a report setting out specific budgetary proposals be submitted   to the next available meeting of the Council.

REASONS FOR DECISION - To apprise Members of the current position on this important regeneration project and the options to now make further progress.

OTHER OPTIONS CONSIDERED AND REJECTED - Other options were considered but rejected for the reasons specified in the report.

This is a Key Decision.  The call-in period for the decision will run until Tuesday 22 September 2020.

Cabinet was asked to agree specific proposals on the land ownership options on the Avenue development site. Cabinet discussed the proposals and agreed to support them.

RESOLVED -

(1)          That Cabinet approved the specific proposals related to the site as set out in the report.

(2)          That Cabinet approved the required officer delegations as specified in the report.

(3)          That Cabinet approved the submission of a funding bid for specific actions as set out in the report.

(4)          That a report setting out specific budgetary proposals be submitted   to the next available meeting of the Council.

REASONS FOR DECISION - To apprise Members of the current position on this important regeneration project and the options to now make further progress.

OTHER OPTIONS CONSIDERED AND REJECTED - Other options were considered but rejected for the reasons specified in the report.

(Paragraphs 3 and 5)

(Paragraph 4)

Cabinet received an update on the contingency planning arrangements that were now ongoing at a regional and national level to help combat the outbreak of the Coronavirus (Covid-19).

(Paragraph 4)

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, Regulations 5 and 11.

There were no Urgent  Exempt Items for Cabinet to consider.