Agenda, decisions and minutes

No apologies for absence were received.

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.

There were no Declarations of Interest.

To approve as a correct record and the Leader to sign the attached Minutes of the meeting of Cabinet held on 8 September 2022.

RESOLVED - That the Minutes of the meeting held on 8 September 2022 were approved as a true record.

Report of the Chairs of the Audit and Corporate Governance Scrutiny Committee, the Communities Scrutiny Committee, the Growth Scrutiny Committee and the Organisation Scrutiny Committee

RESOLVED - That Cabinet supported the Overview and Scrutiny Work Programmes for 2022/23.

REASONS FOR DECISION – Scrutiny is required by the Development Plan to keep Cabinet informed of its work programme and communicate their work to other Members of the Council.

OTHER OPTIONS CONSIDERED AND REJECTED – Not applicable.

Please note that this is not a Key Decision so can be implemented by Officers with immediate effect.

Cabinet considered a report of all four Overview and Scrutiny Chairs: Councillor M E Thacker MBE JP – Audit & Corporate Governance Scrutiny, Councillor K Tait – Communities Scrutiny, Councillor S Clough – Organisation Scrutiny and Councillor B Strafford-Stephenson – Growth Scrutiny.

The report set out the work programmes for the Council’s Scrutiny Committees for 2022/23.

Cabinet discussed the report. Members supported the work programmes of the four Committees and welcomed the wide range of issues which they covered. Cabinet also welcomed the flexible approach to how they would be implemented.

RESOLVED - That Cabinet supported the Work Programmes for the Audit & Corporate Governance Scrutiny Committee, the Communities Scrutiny Committee, the Growth Scrutiny Committee and the Organisation Scrutiny Committee for the 2022/23 municipal year.

REASONS FOR DECISION - Scrutiny is required by the Development Plan to keep Cabinet informed of its work programme and communicate their work to other Members of the Council.

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

Report of Councillor J Kenyon, Portfolio Holder for Economy, Transformation and Climate Change.

RESOLVED

(1)          That Cabinet supported the recommendations of the Growth Scrutiny Committee as set out in the report.

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

REASONS FOR DECISION – To appraise Cabinet of the Scrutiny Committee’s review and to respond to its specific findings and recommendations

OTHER OPTIONS CONSIDERED AND REJECTED – No other options were considered.

Please note that this is not a Key Decision so can be implemented by Officers with immediate effect.

Cabinet considered a report of Councillor Jeremy Kenyon (Portfolio Holder for Economy, Transformation and Climate). This set out the response by the Tourism Officer to the Scrutiny Review report on Tourism – Business and Non Business presented to Cabinet on 8 July 2021.

Cabinet considered the responses included within the Action Plan in Appendix 2. Members supported the content of the Action Plan and emphasised the importance of the Tourism Strategy. They also supported the proposal to carry out a review of the Service Level Agreement (SLA) with Marketing Peak District and Derbyshire (MPDD).

Cabinet welcomed the response to the Review and thanked the Tourism Officer.  Members supported the recommendations and agreed that a detailed response to the Committee’s specific findings and recommendations as set out in the report be prepared. 

RESOLVED

(1)      That Cabinet supported the recommendations of the review as set out in the report.

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

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

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

Report of Councillor A Dale, Leader of the Council.

RESOLVED- That outturns against the Council Plan 2019-2023 targets were noted.

REASONS FOR DECISION – To keep Members informed of progress against the Council Plan targets noting achievements and any areas of concern.

OTHER OPTIONS CONSIDERED AND REJECTED – Not applicable to this report as it was providing an overview of performance against agreed targets.

Please note that this is not a Key Decision so can be implemented by Officers with immediate effect.

The report to Cabinet provided an overview of outturns against the Council Plan 2019-2023 targets. Out of the 77 targets:

• 49 (64%) were on track

• 1 (1%) target achieved this time, and

• 27 (35%) were achieved previously

Cabinet noted the report and thanked the Information, Engagement and Performance Manager.

RESOLVED - That Cabinet noted the content of the report.

REASONS FOR DECISION – To keep Members informed of progress against the Council Plan targets noting achievements and any areas of concern

OTHER OPTIONS CONSIDERED AND REJECTED – Not applicable.

Report of Councillor A Dale, Leader of the Council.

Key Decision

RESOLVED

(1)            That Cabinet approved the use of the Resilience Reserve to fund the shortfall in budget.

(2)            That Cabinet approved any subsequent under spend on the General Fund in respect of 2022/23 be transferred to the Resilience Reserve to “pay back” the contribution made this year and increase financial resilience for future years.

RECOMMENDATIONS TO COUNCIL

(3)            That the budget in respect of the General Fund as set out in Appendix 1 of this report be approved as the Current Budget for 2022/23.

(4)            That the budget in respect of the HRA as set out in Appendix 3 of this report be approved as the Current Budget for 2022/23.

(5)            That the Capital Programme as set out in Appendix 4 of this report be approved as the Current Budget for 2022/23.

REASONS FOR DECISION – To prepare revised budgets as early as possible within the financial year to provide sufficient time to allow any planned changes to be delivered. The Council has faced financial challenges this year putting pressure on the ability to set a balanced General Fund budget but careful budget management, use of reserves ring fenced for providing resilience when needed, and the ongoing progression of the transformation agenda has mitigated this.

OTHER OPTIONS CONSIDERED AND REJECTED – There were no alternative options being considered at this time. How resources are utilised is ultimately a decision Members which will take as part of the 2023/24 Medium Term Financial Planning process.

This is a Key Decision. The call-in period for the two resolutions made by Cabinet will run until Monday 5 December 2022.

Cabinet considered a report presenting revisions to the 2022/23 budget that were approved by Council in January 2022.

Cabinet heard about the significance of the 2022/23 shortfall and the proposed method of utilising the Resilience Reserve to balance the budget.  They were informed that the Council’s financial position needed careful consideration when the Medium Term Financial Plan was refreshed in the coming months

Members discussed the content of the report. Cabinet welcomed the proposed methods to balance the budget, but stated in future they would like to see the savings spread out over a longer term.

RESOLVED

(1)            That Cabinet approved the use of the Resilience Reserve to fund the shortfall in budget.

(2)            That Cabinet approved any subsequent under spend on the General Fund in respect of 2022/23 be transferred to the Resilience Reserve to “pay back” the contribution made this year and increase financial resilience for future years.

RECOMMENDATIONS TO COUNCIL

(3)            That the budget in respect of the General Fund as set out in Appendix 1 of this report be approved as the Current Budget for 2022/23.

(4)            That the budget in respect of the HRA as set out in Appendix 3 of this report be approved as the Current Budget for 2022/23.

(5)      That the Capital Programme as set out in Appendix 4 of this report be approved as the Current Budget for 2022/23.

REASONS FOR DECISION - To prepare revised budgets as early as possible within the financial year to provide sufficient time to allow any planned changes to be delivered. The Council has faced financial challenges this year putting pressure on the ability to set a balanced General Fund budget but careful budget management, use of reserves ring fenced for providing resilience when needed, and the ongoing progression of the transformation agenda has mitigated this.

OTHER OPTIONS CONSIDERED AND REJECTED - There were no alternative options being considered at this time. How resources are utilised is ultimately a decision Members which will take as part of the 2023/24 Medium Term Financial Planning process.

Report of Councillor C Cupit, Portfolio Holder for Environmental Services.

RESOLVED

(1)             To develop a Community Outreach Service for residents of North East Derbyshire District Council.

(2)             To create two Community Outreach Worker posts, as 2 year fixed term contracts at Grade 7. Should recruitment be unsuccessful, then one or both posts may be delivered by an external provider via contract. Posts to be fully funded by the Better Care Fund (BCF) allocation.

REASONS FOR DECISION – To provide a response to the national cost of living crisis which is within the remit of Local Authority functions, to make use of available funding to deliver positive outcomes against shared housing and public health priorities, and to complement existing Local Authority services and provide a wider range of interventions, additional to signposting alone.

OTHER OPTIONS CONSIDERED AND REJECTED – Whilst to do nothing is clearly an option, the reason for rejection is that there is an existing service to build upon, with available funding to support a temporary service provision. The establishment of a service with permanent funding has been rejected due to the growth in establishment costs and the revenue implications.

Please note that this is not a Key Decision so can be implemented by Officers with immediate effect.

Cabinet considered a report setting out proposals to develop a Community Outreach Service in response to the cost of living crisis, which would aim to deliver individual support to residents to maximise income, make referrals for debt management, and assist with fuel debt, general budgeting and form filling.

Cabinet discussed the report. Members fully supported the recommendations and felt the proposed service would be vital at a time when many residents were struggling financially, such as pensioners and people collecting benefits. In this context, Members requested that Communications officers should attempt to target the residents most in need with publicity about the service.

RESOLVED

(1)      To develop a Community Outreach Service for residents of North East Derbyshire District Council.

(2)      To create two Community Outreach Worker posts, as 2 year fixed term contracts at Grade 7. Should recruitment be unsuccessful, then one or both posts may be delivered by an external provider via contract. Posts to be fully funded by the Better Care Fund (BCF) allocation.

REASONS FOR DECISION - To provide a response to the national cost of living crisis which is within the remit of Local Authority functions, to make use of available funding to deliver positive outcomes against shared housing and public health priorities, and to complement existing Local Authority services and provide a wider range of interventions, additional to signposting alone.

OTHER OPTIONS CONSIDERED AND REJECTED - The establishment of a service with permanent funding has been rejected due to the growth in establishment costs and the revenue implications.

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.

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 item(s) 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.

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

Key Decision                                                                                                   Paragraph 3

RESOLVED

(1)         To progress with the redevelopment to completion.

(2)         To delegate authority to the Assistant Director of Leisure, in consultation with Portfolio Holder for Leisure, Communities and Communications to take such action as is necessary to progress the scheme through to completion.

(3)         To delegate authority to the Assistant Director of Leisure, in consultation with Portfolio Holder for Leisure, Communities and Communications, to enter all necessary associated agreements in order to deliver the project.

(4)         To acknowledge the pursuit of additional funding for a moveable floor, along with the associated contractual impact to programme and to delegate authority to the Assistant Director of Leisure, in consultation with Portfolio Holder for Leisure, Communities and Communications, to enter all necessary associated agreements.

REASONS FOR DECISION – To continue with the Leisure Facilities Investment Programme in order to reduce the operating costs of the Council’s leisure facilities and deliver a multi-million pound, flagship community facility in Clay Cross Town Centre.

OTHER OPTIONS CONSIDERED AND REJECTED – Do nothing, a comprehensive refurbishment, a New Leisure Facility but not the community hub model, or close the facility.

This is a Key Decision. The call-in period for the decision will run until Monday 5 December 2022.

Cabinet considered a report on the proposed re-development of Sharley Park Leisure Centre. It also sought approval to progress the development and delegate authority to the Assistant Director of Leisure to carry out certain aspects of the development

Cabinet discussed the report. Members supported the recommendations and were pleased to see the development progressing, but stated that they would like to see standalone changing rooms in the facility for football teams.

RESOLVED

(1)            To progress with the redevelopment to completion.

(2)            To delegate authority to the Assistant Director of Leisure, in consultation with Portfolio Holder for Leisure, Communities and Communications to take such action as is necessary to progress the scheme through to completion.

(3)            To delegate authority to the Assistant Director of Leisure, in consultation with Portfolio Holder for Leisure, Communities and Communications, to enter all necessary associated agreements in order to deliver the project.

(4)      To acknowledge the pursuit of additional funding for a moveable floor, along with the associated contractual impact to programme and to delegate authority to the Assistant Director of Leisure, in consultation with Portfolio Holder for Leisure, Communities and Communications, to enter all necessary associated agreements.

REASONS FOR DECISION - To continue with the Leisure Facilities Investment Programme in order to reduce the operating costs of the Council’s leisure facilities and deliver a multi-million pound, flagship community facility in Clay Cross Town Centre.

OTHER OPTIONS CONSIDERED AND REJECTED - Do nothing, a comprehensive refurbishment, a New Leisure Facility but not the community hub model, or close the facility.

Report of Councillor J Kenyon, Portfolio Holder for Economy, Transformation and Climate Change.

Key Decision                                                                                   Paragraph 3

RESOLVED

(1)          The Towns Fund business case for Town Centre Regeneration presented provides the assurance that the project represents good value for money for the public.

(2)         To delegate authority to S151 Officer, in consultation with Portfolio Holder for Economy, Transformation and Climate and upon receipt of the business case assurance to finalise the documents to a ‘Ready to Proceed’ position as required.

(3)         That the project is recommended to Clay Cross Town Board for consideration and approval.

REASONS FOR DECISION – The Economic Case undertakes a value for money assessment in line with DLUHC Towns Fund guidance. The timing of this decision cannot be delayed due to deadlines imposed by DLUHC. If the decision was delayed to another Cabinet meeting, the submission to government in line with the agreed timescales would be missed.

OTHER OPTIONS CONSIDERED AND REJECTED – Do nothing, reduced option or expanded option. 

This is a Key Decision. The call-in period for the decision will run until Monday 5 December 2022.

The report to Cabinet provided Members with the Clay Cross Towns Fund Town Centre Regeneration Business Case. The Partnership Development Officer also summarised what the proposals would do in terms of creating a community hub.

Cabinet discussed the report. Members supported the recommendations and thanked the officers involved in putting the Business Case together in time for the submission deadline.

RESOLVED

(1)      The Towns Fund business case for Town Centre Regeneration presented provides the assurance that the project represents good value for money for the public.

(2)      To delegate authority to S151 Officer, in consultation with Portfolio Holder for Economy, Transformation and Climate and upon receipt of the business case assurance to finalise the documents to a ‘Ready to Proceed’ position as required

(3)      That the project is recommended to Clay Cross Town Board for consideration and approval.

REASONS FOR DECISION - The Economic Case undertakes a value for money assessment in line with Department for Levelling Up, Housing and Communities Towns Fund guidance. The timing of this decision cannot be delayed due to deadlines imposed by DLUHC. If the decision was delayed to another Cabinet meeting, the submission to government in line with the agreed timescales would be missed.

OTHER OPTIONS CONSIDERED AND REJECTED - Do nothing, reduced option or expanded option.

Report of Councillor J Kenyon, Portfolio Holder for Economy, Transformation and Climate Change.

Key Decision                                                                                   Paragraph 3

RESOLVED

(1) Cabinet agreed the outline business case which seeks to procure a delivery partner for the Low Carbon Challenge Fund.

(2) Cabinet agreed that the Town Fund business case for Low Carbon Challenge Fund presented provides the assurance that the project represents good value for money for the public.

(3) Cabinet agreed to delegate authority to the S151 Officer, in consultation with Portfolio Holder for Economy, Transformation and Climate and upon receipt of the business case assurance to finalise the business case documents to a ‘Ready to Proceed’ position as required.

(4) Cabinet agreed that the project is recommended to Clay Cross Town Board for consideration and approval.

REASONS FOR DECISION – That an experienced delivery partner will enable the Low Carbon Challenge Fund to fulfil its potential and maximise impact for Clay Cross, and that a preferred delivery partner is appointed through a public sector framework which is procurement compliant process, as advised by the Council’s legal team. The timing of this decision cannot be delayed due to deadlines imposed by DLUHC. If the decision was delayed to another Cabinet meeting, the submission to government in line with the agreed timescales would be missed.

OTHER OPTIONS CONSIDERED AND REJECTED – That the programme is delivered in-house or by Derbyshire County Council.

This is a Key Decision. The call-in period for the decision will run until Monday 5 December 2022.

The report to Cabinet provided Members with the Clay Cross Towns Fund Low Carbon Challenge Fund Business Case.

Cabinet discussed the report. Members supported the recommendations and thanked the officers involved in putting the Business Case together in time for the submission deadline.

REASONS FOR DECISION - That an experienced delivery partner will enable the Low Carbon Challenge Fund to fulfil its potential and maximise its impact for Clay Cross. The timing of this decision cannot be delayed due to deadlines imposed by DLUHC. If the decision was delayed to another Cabinet meeting, the submission to government in line with the agreed timescales would be missed.

OTHER OPTIONS CONSIDERED AND REJECTED - That the programme is delivered in-house or by Derbyshire County Council.

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.

None.