Agenda and minutes

Cabinet - Tuesday, 5 December 2023 6.00 pm

Venue: Council Offices, Foster Avenue, Beeston, NG9 1AB

Media

Items
No. Item

84.

APOLOGIES pdf icon PDF 154 KB

To receive apologies and to be notified of the attendance of substitutes.

Additional documents:

Minutes:

Apologies for absence were received from Councillors S A Bagshaw and C Carr.

85.

DECLARATIONS OF INTEREST

Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interest in any item on the agenda.

Minutes:

Councillor R E Bofinger declared an other-registerable interest in item 8.4 as he volunteers for the Helpful Bureau, minute number 91.4 refers.

 

Councillors R E Bofinger and J W McGrath declared other-registerable interests in item 8.5 as they are members of Stapleford Town Council, minute number 91.5 refers.

 

Councillor J W McGrath declared an other-registerable interest in item 8.4 as he provides funding for the Helpful Bureau and a non-registerable interest in item 19.1 as a member of his family is employed by Liberty Leisure Ltd, minute numbers 91.4 and 102.1 refer respectively.

86.

MINUTES pdf icon PDF 246 KB

Cabinet is asked to confirm as a correct record the minutes of the meeting held on 7 November 2023.

Minutes:

The minutes were confirmed and signed as a correct record.

87.

MINUTES FROM OTHER MEETINGS pdf icon PDF 14 KB

Members are asked to NOTE the minutes of the following meetings.

 

·     Bramcote Bereavement Services Joint Committee 15 June 2023.

·     UK Shared Prosperity Fund Advisory Panel 19 July 2023.

Additional documents:

Minutes:

Cabinet noted the minutes of the Bramcote Bereavement Services Joint Committee on 15 June 2023 and the UK Shared Prosperity Fund Advisory Panel on 19 July 2023.

88.

SCRUTINY REVIEWS pdf icon PDF 108 KB

The purpose of this report is to make Members aware of matters proposed for and undergoing scrutiny.

Additional documents:

Minutes:

Members were informed of the matters proposed for and undergoing scrutiny.

89.

SCRUTINY REVIEW - D.H. LAWRENCE MUSEUM pdf icon PDF 204 KB

To present the findings of the Overview and Scrutiny Committee Working Group’s review into the D.H. Lawrence Museum.  This is in accordance with the Council’s corporate values of innovation and readiness for change, valuing employees and enabling the active involvement of everyone, continuous improvement and delivering value for money, and integrity and professional competency.

 

Additional documents:

Minutes:

The Chair of the Overview and Scrutiny Committee presented the findings of the Committee’s review into the D.H. Lawrence Museum. It was stated that the report was positive and welcomed by members of the Cabinet.

 

RESOLVED to:

1.     Produce new leaflets to advertise the D.H. Lawrence Museum in Nottinghamshire Places of Interest and Tourist Centres.

2.     Request that Eastwood Town Council, add an item on their agenda for updates from the Museum and events.

3.     Identify external funding opportunities to support appropriate projects within the D.H. Lawrence Museum.

4.     Consider the feasibility of Sunday opening hours and the associated costs.

5.     Review the current entrance prices to the D.H. Lawrence Museum, including the consideration of subsidies for those on low incomes.

6.     Identify funding to support re-establishment of the Blue Line Trail and consider options for enhancing the offer digitally.

7.     Liaise with partners such as Nottinghamshire County Council and Eastwood Town Council to improve signage around Eastwood to promote the D.H. Lawrence Museum.

8.     Suggest to Trent Barton that the Museum be added as a departure point at the bus stop for Alexandra Street, Eastwood within their communications to passengers.

9.     Review the D.H. Lawrence action plan and financial data in 6 to 12 months’ time to allow for a full twelve months of data and for recommendations from the Arts Council to be made available as part of the Museum re-accreditation process.

10.   Consider obtaining a blue plaque.

11.   Carry out a review of costs six months after any implementation of the recommendations.

 

Reasons

This will assist with the Council’s corporate values of innovation and readiness for change, valuing employees and enabling the active involvement of everyone, continuous improvement and delivering value for money, and integrity and professional competency.

90.

REFERENCES

90.1

Local Joint Consultative Committee pdf icon PDF 127 KB

16 November 2023

Domestic Abuse Policy

 

The Consultative Committee considered the proposed changes to the Domestic Abuse Policy. 

 

It was agreed that a minor amendment to include shortage of money as evidence of coercion be added to the policy.  There was also a minor correction to the style of one paragraph and the alphabetising of the list of helpful contacts.

         

          RECOMMENDED to Cabinet that the revisions to the Domestic Abuse Policy, as amended, be approved.

 

Additional documents:

Minutes:

Cabinet considered revisions to the Domestic Abuse Policy which was last reviewed in December 2020.

 

RESOLVED that the revisions to the Domestic Abuse Policy, be approved.   

 

Reason

The revisions to the Policy will assist officers to undertake their duties more efficiently.

90.2

Local Joint Consultative Committee pdf icon PDF 112 KB

16 November 2023

Leave Scheme

 

The Consultative Committee discussed the proposed changes to the Leave Scheme which would allow the carrying over of leave to be agreed by Section Heads, rather than Heads of Service.

 

There were a number of requests for minor changes to wording.  There followed a discussion on part time staff and bank holidays.

 

          RECOMMENDED to Cabinet that the revisions to the Leave Scheme, as amended, be approved.

 

 

 

Additional documents:

Minutes:

The Leave Scheme was updated in June 2023, however, subsequently, a request had been made by Heads of Service to delegate any requests of up to five days’ carry-over, to Section Heads. Any requests in excess of five days would continue to be approved by the Head of Service in consultation with Human Resources.

 

RESOLVED that the revisions to the Leave Scheme, be approved.

 

Reason

The revisions to the Policy will allow Section Heads to make operational decisions.

 

 

 

90.3

Local Joint Consultative Committee pdf icon PDF 115 KB

16 November 2023

Recruitment Policy

 

Proposed changes to the Recruitment Policy were discussed by the Consultative Committee.  It was noted that these changes reflected current best practice and legislative updates.  A minor amendment to wording was agreed.

 

There was a discussion about internal recruitment. 

 

          RECOMMENDED to Cabinet that the revisions to the Recruitment Policy, as amended, be approved.

 

 

Additional documents:

Minutes:

The Recruitment Policy was last reviewed in September 2016. Members were informed that the Council had an existing Equal Opportunities Policy and therefore duplication was unnecessary and reference had been made to this.

 

RESOLVED that the revisions to the Recruitment Policy, be approved.

 

Reason

The references in the Policy required updating to ensure the Policy remained fit for purpose and an accurate reflection of current practices.

91.

RESOURCES AND PERSONNEL POLICY

91.1

PROPOSED NEW CORPORATE PLAN PRIORITIES 2024-28 pdf icon PDF 154 KB

To invite Cabinet to give consideration to the proposed new corporate plan priorities and objectives for 2024-28.

Minutes:

Cabinet was updated on the proposed new Corporate Plan priorities for 2024-28. It was stated that there was strong support for the five proposed priority areas captured in the survey. Members suggested that further emphasis be given to the prevention of abuse of shop employees and the establishment of dementia cafes throughout the Borough.

 

RESOLVED that the emerging corporate plan priorities for 2024-28 be approved.

 

Reason

A corporate plan provides the necessary framework and context upon which the Council can direct its decision making and significantly contributes to robust corporate governance arrangements.

91.2

REVIEW OF STRATEGIC RISK REGISTER pdf icon PDF 558 KB

To note the amendments to the Strategic Risk Register and the action plans identified to mitigate risks.

Minutes:

Cabinet noted the amendments to the Strategic Risk Register and the actions to mitigate risks that were approved by Governance, Audit and Standards on 27 November 2023.

91.3

CAPITAL PROGRAMME 2023/24 - CAPITAL BUDGET VARIATIONS pdf icon PDF 106 KB

To approve a number of necessary revisions to the Council’s Capital Programme for 2023/24. 

Minutes:

The Capital Programme for 2023/24 to 2025/26 was approved by Council on 1 March 2023 following recommendation by Cabinet on 7 February 2023. The total value of the original Capital Programme for 2023/24 was £36.244m (£32.982m excluding ‘reserve items’).  A number of new capital schemes and variations to the Capital Programme had since been approved by Cabinet. 

 

RESOLVED that the capital budget variations for 2023/24, as set out in the appendix, be approved.

 

Reason

A number of capital schemes require re-profiling to the budgets to more accurately reflect expectations in the current financial year. 

91.4

GRANTS TO VOLUNTARY AND COMMUNITY ORGANISATIONS, CHARITABLE BODIES AND INDIVIDUALS INVOLVED IN SPORTS, THE ARTS AND DISABILITY MATTERS 2023/24 pdf icon PDF 147 KB

To consider requests for grant aid in accordance with the provisions of the Council’s Grant Aid Policy.

Minutes:

Cabinet considered requests for grant aid in accordance with the provisions of the Grant Aid Policy.

 

          RESOLVED that the grant aid requests be approved accordingly.

         

1.

Toton Coronation Hall Community Association

£7,000

2.

The Helpful Bureau

£9,500

 

Reason

 

Consideration for not awarding the grant may have a negative impact for the users and individuals relying on the service. The Council is empowered to make grants to voluntary organisations by virtue of Section 48 Local Government Act 1985 (as well as other Legislation). Having an approved process in accordance with legislation and the Council’s Grant Aid Policy would ensure the Council’s compliance with its legal duties

 

(Councillors R E Bofinger and J W McGrath, having declared an other-registerable interests in the item left the room prior to discussion or voting thereon.)

 

91.5

GRANT AID REQUESTS FROM PARISH/TOWN COUNCILS pdf icon PDF 180 KB

To consider a request for grant assistance in accordance with the protocol for the consideration of grant aid to Parish and Town Councils.

Minutes:

Cabinet considered requests for grant assistance within the protocol for the consideration of grant aid to Parish and Town Councils. Stapleford Town Council had requested a grant of up to £2,405 towards the cost of traffic management for its Remembrance Sunday Parade.

 

RESOLVED that the grant request from Stapleford Town Council for £2,405 be approved.

 

Reason

 

As part of the Protocol, Grant Aid would only be given in support of specific projects or services and not as a general grant towards the services provided by a Parish/Town Council. There was no budgetary provision for Capital grants to Parish Councils. The grant aid requests were in line with the current Corporate Plan aims for supporting people to live well and provide a safe place for everyone.

 

(Councillors R E Bofinger and J W McGrath, having declared an other-registerable interests in the item left the room prior to discussion or voting thereon.)

91.6

GRANT AID - SECOND CHANCE JUNIOR FOOTBALL ACADEMY pdf icon PDF 213 KB

To consider the approval of a grant to a sporting group which works with refugees and young people.

Minutes:

Members were informed that Second Chance Junior Football Academy runs two youth football teams for under 11’s and under 9’s respectively.  The under 11 team has 18 registered players and the under 9 team has 12 registered players. The players are refugees and all are currently residents in Nottingham City.

 

It was noted that, as the group was not based in Broxtowe and does not draw a significant proportion of its membership from Borough residents, the academy was not eligible for a grant under the ordinary criteria of either the Broxtowe Refugee and Asylum Seekers Fund or the Council’s Grant Aid Policy.  It was suggested, however, that such a grant would serve to demonstrate the Council’s commitment to supporting refugees across the East Midlands, leading the way and providing a welcoming space for any young refugee.

 

RESOLVED that an award of up to £1,000 be granted to Second Chance Junior Football Academy and accordingly.

 

Reason

This funding will demonstrate the Council’s commitment to supporting refugees within a neighbouring authority and the East Midlands.

91.7

COUNCIL TAX BASE 2024/25 pdf icon PDF 272 KB

To approve the Council Tax Base for the year 2024/25. 

 

Minutes:

Members considered the Council Tax Base for the year 2024/25. The Council tax base had been calculated on the estimated full year equivalent number of chargeable dwellings expressed as the equivalent number of band D dwellings in the Council’s area after allowing for dwelling demolitions and completions during the year, exemptions, discounts, disabled reliefs and premiums, and estimated collection rates.

 

RESOLVED that based on the number of Band D equivalent properties and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, Broxtowe Borough Council calculates its Council Tax Base for the year 2024/25 as follows:

 

1.          For the whole of its area 35,224.25

 

2.     In respect of Parish Precepts and Special Expenses for those parts of its area mentioned in the table below, the amounts specified therein:

       

        Part of Council’s Area         Area Council Tax Base

       

        Awsworth                                           596.93

        Brinsley                                              752.36

        Cossall                                                242.81

        Eastwood                                         3,092.46

        Greasley                                          3,753.90

        Kimberley                                        1,898.21

        Nuthall                                             2,255.75

        Stapleford                                        4,240.31

        Strelley                                               174.41

        Trowell                                                838.10

 

        Special Expenses Area

 

        Beeston Area                                 17,379.01

 

Reason

The calculation of the tax base was a legal requirement and an essential part of the tax setting process. The tax base calculations for a particular financial year must comply with the Local Authorities (Calculation of Council Tax Base) Regulations 2012 and be determined by no later than 31st January in the preceding financial year. These regulations had been made under the Local Government Finance Act 1992, as amended (LGFA 1992) and The Local Government Finance Act 2012 (LGFA 2012) includes several amendments to the LGFA 1992 that affect the calculation of the Council Tax base. These amendments require the Council to operate a Council Tax Support Scheme.

 

91.8

LOCAL COUNCIL TAX SUPPORT SCHEME 2023/24 pdf icon PDF 117 KB

To seek approval for arrangements to operate in 2024/25 in respect of the Local Council Tax Support Scheme (LCTSS).

 

Minutes:

Members considered the arrangements to operate the Local Council Tax Support Scheme (LCTSS) 2024/25. Cabinet was informed that Council tax benefit ceased at the end of 2012/13 and was replaced by a LCTSS defined by each local authority.  Cabinet considered the LCTSS on 27 November 2012 and the new scheme was approved by Council on 19 December 2012.  The new scheme was effectively the government’s default scheme with due allowance being made to allow the continuation of the discretionary policy relating to the treatment of war pensions.

 

RECOMMENDED to Council that the current Local Council Tax Support Scheme remains in place for 2024/25.

 

Reason

Under section 13A (2) of the Local Government Finance Act 1992, the Council as billing authority must make a localised Council Tax Reduction Scheme in accordance with Schedule 1A to the Act. Each financial year the Council must consider whether to revise its scheme, or to replace it with another scheme.

 

91.9

HOUSING BENEFIT-WAR PENSION DISREGARD pdf icon PDF 99 KB

To seek approval for the continuation of the War Pension Disregard in respect of Housing Benefit claims in 2024/25.

 

Minutes:

 

The Housing Benefit and Council Tax Benefit (War Pensions Disregards) regulations 2007 allow for Local Authorities to develop a local scheme that could disregard War Pension income from the calculation of Housing Benefit.

 

Since the introduction of Housing Benefit, the Council had always disregarded this income when calculating a claim for Housing Benefit.  The Department for Works and Pension recently requested that each local authority had their local scheme approved each year. 

 

RESOLVED that the continuation of the current Local Scheme Disregarding War Pensions for Housing Benefit Applications in 2024/25 be approved.

 

Reason

The Regulations providing for this are the Housing Benefit Regulations 2006 paragraph 40(2) and schedule 5, and Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 paragraph 33(9). Sections 134 and 139 of the Social Security Administration Act 1992 provide the Council with the discretion to modify the Housing Benefit scheme by disregarding a further amount, or all, of specified war disablement pensions and payments.

 

 

91.10

ALCOHOL AND SUBSTANCE MISUSE POLICY pdf icon PDF 108 KB

To make amendments to the Alcohol and Substance Misuse Policy.

 

Additional documents:

Minutes:

Members considered a report which proposed amendments to the Alcohol and Substance Misuse Policy.

 

RESOLVED that an amendment to the policy to allow alcohol to be consumed on Council premises at Civic functions by Councillors and their guests (excluding Council Officers), be approved.

 

Reason

The resolution would allow for an amendment to the Alcohol and Substance Misuse Policy to include the following exemption under Section 5 (n).

 

91.11

COMPLAINTS COMPENSATION POLICY pdf icon PDF 110 KB

To seek approval for the adoption of a Complaints Compensation Policy to remedy findings of fault during the Council’s complaint process and to provide a framework for how compensation payments will be calculated, thereby ensuring consistency of approach.

 

Additional documents:

Minutes:

Cabinet considered the adoption of a Complaints Compensation Policy to remedy findings of fault during the Council’s complaint process and to provide a framework for how compensation payments would be calculated, thereby ensuring consistency of approach.

 

RESOLVED that the Complaints Compensation Policy be approved.

 

Reason

The Complaints Compensation Policy would be used to determine all complaints where a fault has been found and a compensation payment is required. Thereby, this would ensure a consistent approach across the Council in line with the Housing Ombudsman Remedies Guidance.

91.12

ASSET MANAGEMENT AND DATA OFFICER POST TO SUPPORT THE DELIVERY OF THE ASSET MANAGEMENT PLAN pdf icon PDF 206 KB

To seek Cabinet approval for the appointment of a new post to support the delivery of the asset management plan.

 

 

Minutes:

Cabinet considered the appointment of a new post to support the delivery of the asset management plan. The need for the role had been identified within the Asset Management Service Improvement Plan undertaken in October 2023 by the Head of Service for Asset Management & Development.

 

RESOLVED that the creation of an Asset Systems and Data Officer post (Grade 6) at £37,450 per annum including on costs be approved, to be funded from General Fund Reserves.

 

Reason

The recruitment process is in accordance with the Council’s Recruitment and Selection policy.

 

91.13

STORM BABET-FLOODING RESPONSE pdf icon PDF 208 KB

To provide Members with details of the Council’s response to the flooding caused by Storm Babet.

 

Minutes:

Cabinet noted a report which regarded actions following Storm Babet on 19 and 20 October 2023. It was stated that there were 243 properties, both domestic and commercial, that experienced flooding across the Broxtowe area. As part of the Flood Response, Nottinghamshire County Council became the lead authority with Broxtowe supplying support where appropriate.

 

Members expressed gratitude to Officers for the help given to residents from across all sections of the Council. It was suggested that town and parish councils should have coordinated response teams.

 

92.

ECONOMIC DEVELOPMENT AND ASSET MANAGEMENT AND RESOURCES AND PERSONNEL POLICY

92.1

PERMIT SCHEMES FOR COUNCIL CAR PARKS pdf icon PDF 248 KB

To ask Cabinet to note the exemption permit scheme available for employees working in Beeston and consider the proposed permit for residents using the Borough’s off-street car parks overnight.

 

Minutes:

Cabinet noted that the capacity for parking in Beeston and other towns in the borough to take advantage of a maximum charge of £2 a day and agree that it is not necessary to introduce permits for employees working in businesses in Beeston or other towns in Broxtowe, be noted. Members were informed that overnight parking in Station Road was currently unavailable due to antisocial behaviour issues.

 

RESOLVED that:

 

1.             The cost of exemption permit be increased to £172.50 where the daily tariff is £1 for up to 12 hours, and £337.50 where the daily tariff is £2 for over two hours.

2.             The proposed permit scheme for residents’ parking in Council car parks between 4pm and 8am at a cost of £170 a year, subject to confirmation of residency, to come into effect from 1 January 2024 be approved.

 

Reason

It is important fees and charges income are optimised in order for the Council’s to meet its anticipated budget gap in 2024/25.

 

Options considered and rejected

1.       No change to the discount.

2.       A 10% discount.

92.2

CHRISTMAS CAR PARKING CHARGES 2023 pdf icon PDF 108 KB

To ask Cabinet to consider the cessation of parking charges in the majority of Council-owned car parks over the Christmas period.

Minutes:

In previous years, car parking charges had been relaxed in the Christmas period to assist local businesses and encourage footfall in Broxtowe’s town centres.  It was suggested that this is implemented again this year with the exception of Technology Drive and Station Road, Beeston.

 

RESOLVED that the cessation of parking charges in Council-owned car parks between Saturday, 16 December and Saturday, 30 December 2023, with the exception of Technology Drive and Station Road be approved.

 

Reason

The cessation of parking charges in the majority of Council-owned car parks over the Christmas period would assist business and encourage town centre footfall.

93.

ECONOMIC DEVELOPMENT AND ASSET MANAGEMENT

93.1

AUTHORITY MONITORING REPORT 2022 - 2023 pdf icon PDF 107 KB

To request the approval of the Authority Monitoring Report for the period from 1 April 2022 to 31 March 2023.

Additional documents:

Minutes:

Cabinet considered a report which requested the approval of the Authority Monitoring Report for the period from 1 April 2022 to 31 March 2023.

 

RESOLVED that the Authority Monitoring Report 2022-2023 be approved.

 

Reason

The Council, as Local Planning Authority (LPA), is required by section 35 of the Planning and Compulsory Purchase Act 2004 (as amended) to prepare and make public an annual monitoring report containing information as to the implementation of the local development scheme and the extent to which the policies in local development documents are achieving their targets.  Regulation 34 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) sets out the information that must be contained within a LPA’s Authority Monitoring Report.

 

93.2

COSSALL NEIGHBOURHOOD PLAN pdf icon PDF 136 KB

The purpose of this report is to obtain approval for the Cossall Neighbourhood Plan to be modified as recommended by the Independent Examiner and to proceed to referendum based upon the current Neighbourhood Plan Area.

Additional documents:

Minutes:

Members considered a report which requested approval for the Cossall Neighbourhood Plan to be modified as recommended by the Independent Examiner and to proceed to referendum based upon the current Neighbourhood Plan Area (which is as per the pre-April 2023 Cossall Parish Council boundary).

 

RESOLVED that:

1.                The Cossall Neighbourhood Plan should be modified as proposed by the Independent Examiner.

2.                Once modified as proposed by the Independent Examiner, it is considered the Neighbourhood Plan will meet the Basic Conditions. 

3.                The Cossall Neighbourhood Plan should proceed to a referendum, with the extent of the area eligible to vote to be based upon the Cossall Neighbourhood Area as shown within appendix 1 to this report.

 

Reason

The Independent Examiner found that, subject to ten modifications, the Neighbourhood Plan meets the Basic Conditions and other requirements.

93.3

PUBLIC TOILET STRATEGY pdf icon PDF 642 KB

The purpose of this report is to develop a strategy to improve access for all to public toilet facilities across the Borough.

 

Minutes:

Cabinet considered a report which had the purpose to develop a strategy to improve access for all to public toilet facilities across the Borough. Members stated that they were pleased to see a Changing Places facility in Beeston, however, it was requested that two benches oppose the facility be relocated in order to preserve the dignity of individuals.

 

RESOLVED that:

1.               The development of a public toilet strategy based upon options 4 and 5 of “Options considered to improve provision of public toilet facilities” be approved

2.               Sufficient funding is included in future years’ budgets to ensure toilet facilities are fit for purpose.

3.               Adopting the suggestions provided by staff for the upgrading of staff toilet facilities within Council office buildings be approved.

4.               The possibility of siting a new public toilet facility on the ground floor of the Enterprise Hub at Stapleford is explored. The development of this facility will be dependent on the cost and space required. These factors will be known once the architects have drawn up the plans and provided costings.

5.               A programme of publicity to promote locations and opening times of all public facilities across the Borough be approved.

6.               People with a variety of needs are involved in the design and / or refurbishment of public and staff toilet facilities

 

Reasons

Section 87 The Public Health Act 1936 (as amended) provides that a local authority may provide sanitary conveniences in proper and convenient situations. The provision of public toilets is therefore a discretionary service. The discretion should be exercised reasonably and with a clear, objective rationale, by having a strategy will ensure this is achieved.

 

94.

COMMUNITY SAFETY

94.1

REVIEW OF POLICY ON PROVISION OF SANITARY ACCOMMODATION IN FOOD PREMISES pdf icon PDF 178 KB

To advise Members of, and seek approval for, a revised policy on sanitary accommodation (toilet) provision in premises selling food and drink.

 

Additional documents:

Minutes:

Members considered a revised policy on sanitary accommodation provision in premises selling food and drink and praised officers for a common sense approach to the issue.

 

RESOLVED that the relaxation on the number of toilets required in smaller premises providing food and drink for consumption on the premises be approved.

 

Reason

Section 20 of the Local Government (Miscellaneous Provisions) Act 1976 (the Act) empowers local authorities to require sanitary facilities to be made available for the use of the public in “relevant places” defined under the Act including “places used for the sale of food and drink to members of the public for consumption at the place”.  The Act gives the local authority the power to require the owner/occupier to provide sanitary accommodation of specific kinds and number, in a specified time.  ‘Relevant Place’ includes a place which is used or is proposed to be normally used for the sale of food or drink to members of the public for consumption at that place.

 

95.

HOUSING AND RESOURCES AND PERSONNEL POLICY

95.1

UPDATE TO HOUSING REVENUE ACCOUNT 30 YEAR BUSINESS PLAN MODEL 2023/24 pdf icon PDF 329 KB

To approve the updated Housing Revenue Account 30-year financial model to reflect the current approved and forecast revenue and capital budgets.

Minutes:

In February 2012, the Council approved a HRA 30-Year Business Plan for the period 2012/13 through to 2041/42.  The business plan included a detailed financial plan and tables modelling the capital programme and revenue position for the HRA throughout the period.  The financial model has subsequently been updated and approved by Council on a regular basis. Members stated that by retaining housing stock it allowed the Council to plan for the future.

 

RESOLVED that the updated financial model for the Housing Revenue Account (HRA) 30-Year Business Plan be approved.

 

Reason

The duty to keep a Housing Revenue Account and prevent a debit balance on it and restrictions as to what may be credited or debited to the account (“the ring-fence”) are governed by Part VI of the Local Government and Housing Act 1989 (the 1989 Act). The provision of a HRA business plan (the Plan) is a requirement of s.88 of the Local Government Act 2003.The purpose of the Plan is to set out the actions to be taken in line with relevant strategies and budget available to show that the Council will continue to deliver housing services which are fit for purpose. The Council has a legal duty to budget to ensure the account remains solvent and to review the account throughout the year. The Council has a duty to disclose specified information pertaining to the HRA and its operation as set out in The Housing Revenue Account (Accounting Practices) Directions 2016.

 

96.

HOUSING

96.1

DAMP AND MOULD POLICY pdf icon PDF 109 KB

To seek Cabinet approval for a new Damp and Mould Policy and associated procedure.

 

Additional documents:

Minutes:

In September 2023, Cabinet considered a self-assessment of the 26 recommendations for landlords outlined in the Housing Ombudsman report: ‘Spotlight on Damp and Mould, it’s not Lifestyle’. This included some new proposed actions for inclusion in an updated Action Plan.

 

One of the actions approved was for a new Damp and Mould Policy to be written. The new Policy considers the expectations of the Housing Ombudsman and the Regulator of Social Housing. Government guidance: ‘Understanding and addressing the health risks of damp and mould in the home’ published in September 2023 had also been considered.

 

RESOLVED that the Damp and Mould Policy and associated procedure be approved.

 

Reason

The Landlord and Tenant Act 1985 as amended by the Housing (Fitness for Human Habitation) Act requires a property is fit for human habitation at the beginning of the tenancy and for the duration of the tenancy.

97.

ENVIRONMENT AND CLIMATE CHANGE

97.1

UPDATE ON AIR QUALITY STATUS REPORT AND REVOCATION OF AIR QUALITY MANAGEMENT AREA 1 pdf icon PDF 297 KB

To advise Members of the response from the Department of Environment, Food and Rural Affairs on this authority’s latest Air Quality Annual Status Report and to ask Members to revoke the Air Quality Management Area 1 in Trowell due to yearly Nitrogen Dioxide results being lower than the Air Quality Objective since 2016. The statutory air quality objective in England for Nitrogen Dioxide is 40µg/m3.

Additional documents:

Minutes:

Members were advised of the response from the Department of Environment, Food and Rural Affairson this authority’s latest Air Quality Annual Status Report and considered a revocation of the Air Quality Management Area 1 in Trowell due to yearly Nitrogen Dioxide (NO2) results being lower than the Air Quality Objective since 2016.

 

RESOLVED that the revocation of Air Quality Management Area 1 be approved.

 

Reason

Section 83 (2) (b) of the Environment Act 1995 allows for the revocation of an AQMA by an Order, if it appears on review that the air quality standards and objectives are being achieved, and are likely throughout the relevant period to be achieved, within the designated area. 

 

97.2

GARDEN WASTE SUBSCRIPTION FEES 2024/25 pdf icon PDF 221 KB

To seek approval for the 2024/25 garden waste subscription fees.

 

Minutes:

Members considered a report which sought approval for the 2024/25 garden waste subscription fees.

 

RESOLVED that:

1.               The subscription fee for the first garden bin is increased by £5.

2.               The subscription fee for additional garden bins is increased by either £1.

3.               From the 1 October, the subscription fee for the first garden waste bin is reduced to £25 and any additional bins are discounted by 50%, be approved.

 

Reason

The collection of garden waste is a non-statutory recycling service.  The aim of the garden waste subscription fee is to assist the authority in the delivery of this service to those residents who chose to subscribe.

 

Options considered and rejected

1.            The subscription fee for the first garden bin is increased by £5 or £7.

2.            The subscription fee for additional garden bins is increased by £2.

 

98.

CABINET WORK PROGRAMME pdf icon PDF 185 KB

Cabinet is asked to approve its Work Programme, including potential key decisions that will help to achieve the Council’s key priorities and associated objectives.

Minutes:

RESOLVED that the Work Programme, including key decisions, be approved.

99.

EXCLUSION OF PUBLIC AND PRESS

The Committee is asked to RESOLVE that, under Section 100A of the Local Government Act, 1972, the public and press 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 paragraphs 1, 2, and 3 of Schedule 12A of the Act.

 

Minutes:

          RESOLVED that, under Section 100A of the Local Government Act 1972, the public and press 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 paragraphs 1, 2, and 3 of Schedule 12A of the Act.

100.

RESOURCES AND PERSONNEL POLICY

100.1

IRRECOVERABLE ARREARS

Minutes:

RESOLVED that the arrears in excess of £7,500 on national non-domestic rates, council tax, rents, housing and council tax benefit overpayment and sundry debtors as set out in the report be written off and to note the exercise of the Deputy Chief Executive’s delegated authority under Financial Procedure Rule 5.9.

 

Reason

The report recommends that the debts as set out in the report, be written off in accordance with the Council’s procedure on debt write-off. Each debt is above £7,500.  The report has set out circumstances whereby debts can lawfully be written off by the council and these include circumstances when a debt is time barred, where the debtor is deceased or gone away or is unable to be traced.  In such circumstances to pursue the debt would be a very difficult and costly exercise with little or no chances of success.

100.2

RENEWAL OF THE COUNCIL'S E LEARNING PACKAGE

Minutes:

RESOLVED that a two-year deal for the continuation of the Council’s e-learning package with Learning Pool be approved.

Reason

The procurement implications had already been considered, any subsequent contact issued as a result of the renewal will need to be reviewed by Legal Services to protect the Council’s contractual position.

 

101.

HOUSING AND RESOURCES AND PERSONNEL POLICY

101.1

AWARD OF CONTRACT FOR THE HEATING INSTALLATION PROGRAMME

Minutes:

RESOLVED that an exemption to the Council’s Contract Procedure Rules to award a 12-month contract from 11 December 2023 via a direct award as detailed within the report be approved.

 

Reason

The award will allow for the benefits contained within the report to be realised.

102.

LEISURE AND HEALTH

103.1

KIMBERLEY SCHOOL LEISURE CENTRE

Minutes:

RESOLVED that:

 

1.     The Kimberley school request for funding as specified in the exempt report to cover their estimated Leisure Centre deficits over 3 financial years, be rejected.

2.     The Kimberley School request that the Council provides uncapped contributions towards the repairs costs, including the pool plant replacements and future price increases in utility and supplies costs, not included in their assumptions, be rejected.

3.     Liberty Leisure continues to discuss the delivery of a ‘dry-side’ gym facility to be managed at the school site, be approved.

4.     The Council’s Leisure Officer and Liberty Leisure seek alternative leisure sites in the north of the borough and report back to Cabinet on any viable opportunities, be approved.

 

Reason

The requests would diminish the Council’s financial reserves.

 

(Having declared a non-registerable interest Councillor J W McGrath left the meeting before discussion or voting thereon.)