Agenda, decisions and minutes

Cabinet - Tuesday, 18th August, 2020 2.00 pm

Venue: Virtual meeting - this meeting is being held remotely

Contact: Jo Toomey 

Items
No. Item

118.

Register of attendance and apologies for absence

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    Minutes:

    A register of attendance was taken. An apology for absence was received from Councillor Dr. Peter Moseley.

119.

Minutes of the previous meeting pdf icon PDF 256 KB

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    Minutes of the meeting held on 7 July 2020.

    Minutes:

    The minutes of the meeting held on 7 July 2020 were agreed as a correct record of the decisions taken.

120.

Disclosure of Interests (if any)

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    Minutes:

    No interests were disclosed.

121.

Procurement of Aids and Adaptations and Domestic Lifts pdf icon PDF 224 KB

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    Report from the Cabinet Member for Housing and Planning.

    Additional documents:

    Decision:

    Decision:

     

    That Cabinet approves the award of contracts for carrying out:

     

    1)    Aids and Adaptations works on behalf of SKDC throughout the district to T. and S. Heating Limited for a period of three years (3) with the option to extend for a period of up to one (1) year. A start date for the contract is to be agreed once the correct approvals are in place. The estimated contract value is £1,289,395.40 over the three year contract term.

     

    2)    The installation and maintenance of Domestic Lifts on behalf of SKDC throughout the district to Premier Mobility Limited for the installation and maintenance of domestic lifts (which includes but is not limited to stair lifts and through floor lifts) for a period of two (2) years, with an option to extend for a further two (2) years at the end of the initial period. A start date for the contract is to be agreed once the correct approvals are in place. The estimated contract value is £76,382.13 per annum.

     

    Considerations / Reasons for Decision:

     

    1.            Report of the Cabinet Member for Housing and Planning on the procurement of Aids and Adaptations and domestic lifts contracts

    2.            Exempt appendices 1 and 2 with price comparisons in respect of aids and adaptations and domestic stairlifts

    3.            The budgets for aids and adaptations and improvement works approved by Council on 2 March 2020

    4.            Principle set out in the 5-year plan of the 30-year Housing Revenue Account Business Plan

    5.            Statutory responsibility placed on the Council in respect of aids and adaptations

    6.            An assessment of the contracts in terms of value for money, financial status and performance under the framework’s competition process carried out under the OJEU procurement rules and procedures

    7.            The Public Contract Regulations 2015

    8.            The Independent Living Policy

     

    Other options considered and rejected:

     

    The Council has made the decision, through its budget-setting process, to carry out Aids and Adaptations works on its housing stock to meet the needs of its tenants. Having made the decision, and with existing contracts coming to an end, new contracts need to be procured. Therefore, no other options have been considered.

    Minutes:

    The Cabinet Member for Housing and Planning presented his report on the procurement of aids and adaptations and domestic lifts contracts. He stated that South Kesteven District Council had an ongoing requirement to carry out significant repair, dilapidations and improvement works to its dwellings. Aids and adaptations works allowed the Council to adapt its properties in line with the physical needs of its tenants. The budgets for all property improvement, including aids and adaptations, were agreed annually by Council and accorded with the principles in the 5-year plan of the 30-year HRA Business Plan. A new contract was required as the previous contracts had ended.

     

    The Cabinet Member for Housing and Planning stated that the contract specification had been designed to ensure the Council met its statutory responsibilities, achieved high levels of customer satisfaction and provided value for money. He also summarised the main terms of both the aids and adaptations and domestic lifts contracts. Reference was also made to the process for completing such works in consultation with applicants and an occupational therapist.

     

    The contracts were procured through the Efficiency East Midlands (EEM) framework and had been assessed in terms of value for money, financial status and performance under the framework’s competition process carried out under the OJEU procurement rules and procedures.

     

    In response to a question, Members were assured that the Council had a robust contract management procedure in place, but it continually worked to improve its contract management practices.

     

    Clarification was provided that the contract for aids and adaptations was to be awarded to T. and S. Heating Limited and not T&S Heating (Nottingham) Limited as indicated in the recommendations to the report.

     

    On being put to the vote, it was AGREED that the Cabinet approves the award of contracts for carrying out:

     

    1)    Aids and adaptations works on behalf of South Kesteven District Council throughout the district to T. and S. Heating Limited for a period of three (3) years with the option to extend for a period of up to one (1) year. A start date for the contract is to be agreed once the correct approvals are in place. The estimated contract value is £1,289,395.40 over the three year contract term.

    2)    The installation and maintenance of domestic lifts on behalf of South Kesteven District Council throughout the district to Premier Mobility Limited for the installation and maintenance of domestic lifts (which includes but is not limited to stair lifts and through floor lifts) for a period of two (2) years, with an option to extend for a further two (2) years at the end of the initial period. A start date for the contract is to be agreed once the correct approvals are in place. The estimated contract value is £76,382.13 per annum.

122.

Local Plan Review Issues and Options pdf icon PDF 266 KB

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    Report from the Cabinet Member for Housing and Planning.

    Additional documents:

    Decision:

    Decision:

     

    1)    That Cabinet approves the Local Plan Review Issues and Options report, as set out in Appendix 1 to the report of the Cabinet Member for Housing and Planning, for public consultation.

    2)    That Cabinet approves the revised Local Development Scheme, as set out in Appendix 2 to the report of the Cabinet Member for Housing and Planning, providing the proposed timetable for the Local Plan Review.

     

    Considerations / Reasons for Decision:

     

    1.            The report of the Cabinet Member for Housing and Planning on the Local Plan Review

    2.            The decision made by Council in January 2020 to adopt the Local Plan and proceed with an early review

    3.            The Inspector’s final report following the publication of the Local Plan

    4.            The Local Plan Review Issues and Options consultation paper attached as Appendix 1 to the report of the Cabinet Member for Housing and Planning

    5.            The revised Local Development Scheme attached as Appendix 2 to the report, incorporating the timeline for each of the stages for the preparation and production of the Local Plan

    6.            The Council’s Statement of Community Involvement

     

    Other options considered and rejected:

     

    The Council could choose to not go ahead with the Local Plan or seek to undertake this in line with a different timetable to that set out in the report. In addition, the Council could seek to amend the scope of the review as set out in Appendix 2 to the report of the Cabinet Member for Housing and Planning.

    Minutes:

    The Cabinet Member for Housing and Planning presented his report on the Local Plan Review Issues and Options. When the Council approved its Local Plan in January 2020, it agreed to proceed with an early review, which was a requirement from the Inspector’s final report following the public examination of the document.

     

    The Local Plan review would set out the planning framework for the district to 2041, covering issues including: housing provision, the economy, retail and town centres, infrastructure provision and the environment. It would also set out the policies by which planning applications would be determined, in addition to allocating land for housing, employment and retail uses.

     

    The process of producing a Local Plan involves different stages, many of which require the Council to consult with stakeholders and residents. The timetable for the preparation of the Local Plan was set out in the revised Local Development Scheme for South Kesteven Local Plan (Appendix 2 to the report).

     

    The Issues and Options paper set out in Appendix 1 represented the initial stage of consultation on the Local Plan Review, setting out the scope of the review and key issues and options to be considered within the review. At this stage, the Issues and Options consultation was not a statement of the Council’s proposed planning policies but a statement of intention as to what planning policies may need to be reviewed or updated. The consultation period would run between early September to mid-October 2020.

     

    The Local Plan Review, however, does need to take account of the National Planning Policy Framework (NPPF) introduced in 2019, as the current adopted Local Plan was examined against the previous NPPF.

     

    Significant consultation will be undertaken throughout all the stages of preparing and producing the Local Plan Review. In undertaking this consultation, the Council will follow its adopted Statement of Community Involvement where possible and practicable in line with temporary Regulations made by the Government in response to COVID-19.

     

    On 6 August 2020 the Government published the Planning White Paper which proposed increased digitalisation, giving planning authorities new powers to improve design and sustainability standards. The proposals also included a new single infrastructure levy, which would replace the system for Section 106 contributions and Community Infrastructure Levy. Other proposals included binding housing requirement that local planning authorities would have to deliver through their local plans, splitting large sites between developers to accelerate delivery and streamlining community consultation at planning application stage. The Council would be preparing a response to the consultation engaging members of the Planning Committee and professional officers. The Cabinet Member for Housing and Planning stated he would circulate his summary of the Planning White Paper to Cabinet Members (Action).

     

    During discussion reference was made to the role of Neighbourhood Plans. There was recognition that there was no body in Grantham that would be the focal point for the development of any Neighbourhood Plan. A non-Cabinet Member put forward the Earlesfield Ward to pilot the preparation of a Neighbourhood Plan within the town,  ...  view the full minutes text for item 122.

123.

Refurbishment of Property - Elm Street, Stamford pdf icon PDF 217 KB

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    Report from the Leader of the Council.

    Additional documents:

    Decision:

    Decision:

     

    That Cabinet approves the award of a contract of works to the value of £229,789 for the refurbishment of the former St. John’s Ambulance in Stamford to Lindum, utilising the SCAPE framework.

     

    Considerations / Reasons for Decision:

     

    1.            The report of the Leader of the Council on Elm Street Refurbishment – contract for works, including a site plan (Appendix 1) and architect drawings (Appendix 2)

    2.            A full review of the options for the former St. John’s Ambulance in Stamford, which has been undertaken

    3.            InvestSK has identified that there is a good level of demand for office space between 500 and 5000 square feet in Stamford

    4.            Lindum’s previous appointment to undertake pre-commencement construction activities

    5.            Planning permission (ref S20/0315) approved in respect of the works

    6.            Use of the SCAPE framework

    7.            The estimated gross rental income of £20,000 per annum

    8.            The Council’s Contract Procurement Rules and the Public Contract Regulations 2015

     

    Other options considered and rejected:

     

    Option 1: An open market tender exercise in accordance with the Council’s Contract and Procurement Procedure Rules.  This process would take a minimum of 16 weeks before the successful contractor would be appointed to commence on site. A new tendering exercise could result in an increased construction cost, compared to the costs quoted under the Framework Agreement.

     

    Option 2: To utilise an alternative framework. After consultation with the Council’s Procurement Lead, it is advised that no other frameworks are available for small works of this nature, in our region, as an alternative procurement route.

     

     

    Minutes:

    The Leader of the Council presented his report on the refurbishment of the Council-owned asset known as the former St Johns Ambulance Station, on Elm Street in Stamford which has been vacant for in excess of 5 years. Planning permission for the proposed works has been obtained and feasibility works undertaken in preparation for commencement.

     

    It was proposed that the conversion of the building will be funded from a budget carried forward from the previous financial year.

     

    It was recommended that Lindum, which had previously been appointed to undertake pre-commencement construction activities, should be appointed as a direct award through the SCAPE Framework. The risks of going to market were highlighted, which included not finding a contractor and/or high costs because of the impact of COVID-19 on the availability of materials and labour. The tender exercise would also take longer than a direct award and there was market demand for office space in Stamford, which needed to be acted on.

     

    On being put to the vote, it was AGREED that the Cabinet approves the award of a contract of works to the value of £229,789 for the refurbishment of the former St. John’s Ambulance in Stamford to Lindum, utilising the SCAPE framework.

124.

Local Government Re-organisation Budget pdf icon PDF 202 KB

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    Report from the Leader of the Council.

    Decision:

    Decision:

     

    Cabinet approves the allocation of £50,000 to be funded from the Local Priorities Reserve to support the development of the business case for Local Government Reorganisation in Lincolnshire

     

    Considerations / Reasons for Decision:

     

    1.    The report of the Leader of the Council on the Local Government Re-organisation Budget

    2.    An anticipated Government White Paper on Recovery and Devolution, due to be published in the autumn of 2020

    3.    The Council’s wish to be an active contributor to discussions taking place regarding the future options for local government in Lincolnshire

     

    Other options considered and rejected:

     

    No other options have been considered and rejected

     

     

    Minutes:

    The Leader of the Council presented his report on the allocation of budgetary provision to support work in respect of local government reorganisation. The allocation of £50,000 would be a one-off contribution funded from the Council’s local priorities reserve. The Leader stated that the Council wished to be an active contributor to discussions taking place regarding the future options for local government in Lincolnshire.

     

    Members noted that it was not clear whether South Kesteven would be included in first round or second round, so the Council must be ready.

     

    The initial work would cost £15,000. The allocation for £50,000 would provide sufficient to fund any necessary follow up works`. Any funding that was not required would be returned to the local priorities reserve.

     

    On being put to the vote, it was AGREED that the Cabinet approves the allocation of £50,000 to be funded from the Local Priorities Reserve to support the development of the business case for local government reorganisation in Lincolnshire.

     

125.

Appointment of Directors to Gravitas

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    Report from the Leader of the Council.

    Minutes:

    This item was withdrawn from the agenda and would be presented to the next meeting of the Companies Committee in the first instance.

126.

Matters Referred to Cabinet by the Council or Overview & Scrutiny Committees pdf icon PDF 259 KB

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    Report of the Leader of the Council.

    Decision:

    Decision:

     

    To adopt the following recommendations referred from the Environment Overview and Scrutiny Committee meeting held on 21 July 2020:

     

    a)    That the following seven areas should be used as environmental indicators:

    ·         Energy consumption and cost (for the Council)

    ·         Water consumption and cost (for the Council)

    ·         Overall domestic waste arisings (for the district)

    ·         Percentage domestic waste recycled (for the district)

    ·         Percentage domestic waste diverted from landfill/incineration (to include food waste and green waste)

    ·         Percentage contamination of silver bins

    ·         Number of fixed-penalty notices issued by enforcement teams

    b)    That the Cabinet Member for Commercial and Operations develops a phased carbon reduction plan and initiates feasibility assessments for priority carbon reduction projects outlined in the Carbon Trust’s Carbon Footprint and Reduction Opportunities Report, with the prioritisation of the following initiatives: solar panel installation on Council assets, improvements to Stamford Arts Centre and the Guildhall Arts Centre, LED street lighting and improvements to office space including the fitting of LED lighting.

    c)    That the Cabinet Member for Commercial and Operations undertakes public consultation in respect of the extension of the existing Public Space Protection Orders and proposed new Public Space Protection Order (The Spinney, Market Deeping Cemetery) subject to the maps being updated to reflect current Ward boundaries.

     

    Considerations / Reasons for Decision:

     

    a)    Considerations of the Environment Overview and Scrutiny Committee meeting held on 21 July 2020

    b)    The report of the Cabinet Member for Commercial and Operations on Environmental Performance Indicators, including the 2019/20 Waste Performance Dashboard as attached as Appendix 1 to the report

    c)    The report of the Cabinet Member for Commercial and Operations on the South Kesteven District Council Carbon Footprint and reduction opportunities and the report produced by the Carbon Trust, attached as Appendix 1 to the report

    d)    The report of the Cabinet Member for Commercial and Operations on the Review of Public Space Protection Orders, including the following appendices: existing public space protection orders, enclosed children’s play areas subject to the Order requiring the exclusion of dogs, Wards included in the Public Space Protection Order for the Control of Alcohol, a letter from Market Deeping Town Council and an initial equality impact assessment

     

    Other options considered and rejected:

     

    The Cabinet could choose not to adopt the recommendations of the Environment Overview and Scrutiny Committee.

     

     

    Minutes:

    The Leader of the Council presented his report which highlighted matters referred to the Cabinet from the Council and overview and scrutiny committees. Since the Cabinet had met on 7 July 2020, only the Environment Overview and Scrutiny Committee had made recommendations to Cabinet.

     

    It was AGREED to adopt the following recommendations referred from the Environment Overview and Scrutiny Committee meeting held on 21 July 2020:

     

    a)    That the following seven areas should be used as environmental indicators:

    ·         Energy consumption and cost (for the Council)

    ·         Water consumption and cost (for the Council)

    ·         Overall domestic waste arisings (for the district)

    ·         Percentage domestic waste recycled (for the district)

    ·         Percentage domestic waste diverted from landfill/incineration (to include food waste and green waste)

    ·         Percentage contamination of silver bins

    ·         Number of fixed-penalty notices issued by enforcement teams

    b)    That the Cabinet Member for Commercial and Operations develops a phased carbon reduction plan and initiates feasibility assessments for priority carbon reduction projects outlined in the Carbon Trust’s Carbon Footprint and Reduction Opportunities Report, with the prioritisation of the following initiatives: solar panel installation on Council assets, improvements to Stamford Arts Centre and the Guildhall Arts Centre, LED street lighting and improvements to office space including the fitting of LED lighting.

    c)    That the Cabinet Member for Commercial and Operations undertakes public consultation in respect of the extension of the existing Public Space Protection Orders and proposed new Public Space Protection Order (The Spinney, Market Deeping Cemetery) subject to the maps being updated to reflect current Ward boundaries.

127.

Items raised by Cabinet Members including reports on Key and Non Key Decisions taken under Delegated Powers pdf icon PDF 244 KB

128.

Representations and questions from Non Cabinet Members

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    Minutes:

    One question was raised by a non-Cabinet Member, which related to the outgoing Chief Executive of InvestSK, whether any non-disclosure agreement had been signed in respect of his departure, and if so, the financial implications of that. The Chief Executive and Leader responded, stating that they were unable to comment on the contractual position of an officer of a company in a public meeting. The Leader added that the Chief Executive would contact Councillor Dilks outside the meeting to discuss the matter (Action).

129.

Cabinet Forward Plan 1 September 2020 to 31 August 2021 pdf icon PDF 187 KB

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    Report from the Leader of the Council on the Cabinet Forward Plan.

    Additional documents:

    Minutes:

    Cabinet Members noted the Forward Plan for 1 September 2020 to 31 August 2021 which was appended to the agenda. The Forward Plan gave an indication of items to be presented to the Cabinet in the next 12 months.

Exclusion of the press and public

It was proposed, seconded and agreed that the press and public be excluded from the meeting during the following item of business because of the likelihood that information which is exempt under section 100(a)(4) of the Local Government Act 1972, paragraph 3 of Schedule 12A of the Act, would be disclosed to them.

130.

Leisure Service

    Report from the Deputy Leader of the Council.

    This item is exempt under section 100 (a)(4) of the Local Government Act 1972, paragraph 3 of Schedule 12A of the Act.

     

    Additional documents:

    Decision:

    Decision:

     

    To approve the recommendation as set out within the exempt report of the Deputy leader of the Council.

     

    The report contains exempt information under Section 100(a)(4) of the Local Government Act 1972 (as amended), paragraph 3 of Schedule 12A of the Act.

     

    Considerations / Reasons for Decision:

     

    The considerations and reasons for the decision are contained within the exempt report of the Deputy Leader of the Council as discussed by its Cabinet at the meeting on 18 August 2020.

     

    Other options considered and rejected:

     

    Other options considered and rejected are contained within the exempt report of the Deputy of the Leader of the Council as discussed by the Cabinet at its meeting on 18 August 2020.

    Minutes:

    The minutes of this item contain exempt information under section 100(a)(4) of the Local Government Act 1972, paragraph 3 of Schedule 12A of the Act.

     

    On being put to the vote, it was AGREED:

     

    To approve the recommendations as set out in the exempt report of the Deputy Leader of the Council. 

131.

Close of meeting

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    Minutes:

    The meeting was closed at 15:26.