Agenda and minutes

Members of Cabinet are asked to consider whether they have an interest in any of the matters of the Agenda and, if so, to formally declare that interest.

There were no declarations of interest.

Questions are invited from members of the public about the work of the Cabinet.

Notice of any question must be given to Democratic Services by midday on Monday, 11^th December 2023. Approximately 30 minutes will be set aside for Public Question Time, if required.

There were no public questions.

Questions are invited from Elected Members about items on the Cabinet agenda. 15 minutes will be set aside for Member Question Time, if required.

Notice of any Member question must be given to the Monitoring Officer by midday Friday 8^th December 2023.

There were no Member questions.

Minutes from the meeting held on 7^th November 2023 are attached.

It was agreed:

That the minutes of the meeting held on 7^th November 2023 be approved as a correct record.

Report of the Cabinet Member for Finance and Communities is attached.

Councillor Richard Gold, Cabinet Member for Finance and Communities, presented the report which contained details of the Council’s Medium Term Financial Plan (MTFP) the plan will run to 2026/27 and will be refreshed as part of the annual budget setting process in February 2024.

The Cabinet Member reported that a mid-year review of the MTFP has been undertaken as a matter of good practice and consideration given to the pressures Bury Council is experiencing in the current financial year.

The review has indicated a provisional budget deficit of £41.582m over the next three years to 2026/27 before proposed savings. This provision budget gap is broken down across the three years as £22.611m in 2024/25; £12.789m in 2025/26 and £6.182m in 2026/27.

This report provides the detail of the updated MTFP forecast and sets out options to address this deficit.

Responding to a question from Councillor Bernstein, the Cabinet Member for Finance and Communities reported that the Financial Improvement Panel who have been providing assistance and support to the Council had recommended that Committee reports be presented in a more “user friendly” manner to enable Members to better scrutinise the financial information presented to them.  

Decision:

The Cabinet:

1. Approves the updated medium term financial plan and the assumptions regarding resources and spending requirements, as of November 2023. It should be noted that this information does not yet include the national Provisional Local Government settlement which is expected in December 2023.

2. Notes the projected medium term budget gap of £41.582m of which £22.611m is 2024/25, a further gap of £12.789m in 2025/26 and a further £6.182m in 2026/27.

3. Notes that there is still a remaining gap in the 2024/25 budget and that further work will continue to close this over the next two months, before the final budget proposals are made to Members in February 2024.

Reasons for the decision:

It is a legal requirement that all local authorities set a balanced budget before the start of each financial year. It is also a requirement to consult on service closures and changes and, in order to do this in advance of decisions being made, consideration needs to be given as to which of the savings proposals this affects

Early and iterative planning is essential for the Council to proactively respond to the financial challenge in future years.

Other options considered and rejected:

Officers and Members have undertaken significant work over the past six months to review all areas of potential savings and bring forward proposals which, insofar as is possible align with the Council’s strategic objectives as described in the LET’S Do It Strategy.

Report of the Leader and Cabinet Member for Strategic Growth is attached.

The Leader and Cabinet Member for Strategic Growth presented an update to Members on the Prestwich Village Regeneration, namely the appropriation of land at Fairfax Road and Rectory Lane for planning purposes.

The Leader reported that a large part of the Council’s Land included in the Prestwich Village proposals is currently open to public access and may be impacted by to varying degrees adverse third party rights.  Any person who holds the benefit of such a legal right or interest and who suffers a relevant loss when development takes place would be entitled to claim statutory compensation pursuant to section 204 of the Housing and Planning Act 2016.

The Leader reported that the details of the statutory compensation are commercially sensitive and linked information which is likely to reveal the identity and financial position of individuals is personally sensitive and is therefore exempt from this Part A Cabinet report. Such details are set out in a Part B Cabinet report.

Recommendation(s)

Cabinet:

1.   Approves the appropriation of the Council’s Land for planning purposes to facilitate the development of the Council’s Land by the Prestwich Regeneration LLP.

2.   Notes the criteria to be met before development that may interfere with third party rights may take the benefit of section 203 of the Housing and Planning Act 2016.

3.   Notes the potential for claims for compensation arising from the interference with third-party rights. And to ensure that prior to the commencement of any development that might cause such interference, sufficient funds have been reserved by the Council before its development of the Council’s Land and/or an indemnity has been put in place with the Prestwich Regeneration LLP as a condition to the drawdown and development of the Council’s Land by them to meet the likely compensation arising from such claims.

4.   Approve for the Executive Director of Place in consultation with the Executive Director of Law and Democratic Services to have delegated authority to enter into an indemnity agreement with the Prestwich Regeneration LLP and settle compensation claims that may be submitted.

Reasons for Recommendation(s)

The Council’s Land may be impacted by third-party rights or interests that could affect the development to be carried out by the Prestwich Regeneration LLP.

The owners and beneficiaries of third-party rights may take legal action to protect those rights.

The appropriation of the Council’s Land for planning purposes would convert any third-party rights or interests to an entitlement to compensation allowing the development to be carried out.

The criteria to be satisfied before the powers within section 203 of the Housing and Planning Act 2016 may be relied on have been clearly identified and it has been made clear that the carrying out of building or maintenance work may not be undertaken in breach of a private right or interest unless those criteria are met.

The Human Rights of third parties, who may claim to have the benefit of rights over the Council’s Land have been considered and the interference with any such rights would be  ...  view the full minutes text for item CA.94

Report of the Cabinet Member for Children and Young People is attached.

Following consideration of previous Cabinet reports in relation to the development of the new Radcliffe Secondary School, the Deputy Leader and Cabinet Member for Children and Young People presented a further report to update Members on the relocation of the Spring Lane School.

The Cabinet Member reported that a number of options were considered to accommodate the needs of Spring Lane School and the focus more recently has been on the use of Council owned premises.  This has resulted in the identification of the New Kershaw Centre (NKC) as a viable proposition.  The NKC currently accommodates a number of Children’s Services teams, including a number of social care services, a base for care leavers, and the youth service.

It is anticipated that existing services will be relocated on w/c 8^th of January 2024, to other Council owned premises, with the majority of those services being accommodated in 6 Knowsley Place and the Town Hall.

The Leader detailed design work is on-going in respect of the necessary adaptations to the NKC and Park House to facilitate movement of the PRU early next year. This design activity is progressing alongside required planning/design of adaptations to 6 Knowsley Place and the Bury Town Hall to facilitate the move of staff from the Children and Young People’s directorate currently operating from NKC.

A high-level cost plan has been developed for delivery of the NKC/Park House project and this also includes provisional (estimated) sums for associated construction and design activity for adaptations to 6KP and the Bury Town Hall.  The cost plan will evolve as the design is developed.  At present the total cost of project activity is estimated at £1,758,000 which covers the initial phase of works. Further phases of work will be subject to a separate report.

The project will be overseen by BGI officers and will report to the Council’s Regeneration Board for project assurance/oversight.

Given the need to invest in this interim solution, and the inability to deliver the scheme at Spurr House on time, it is no longer proposed to proceed with the adaptations to Spurr House and this project is now closed. Instead, an options appraisal exercise will be commissioned through BGI, to consider the future accommodation needs of the Pupil Referral Unit, and how they might be met.

Before inviting questions from those present, the Leader apologised for the lateness of this report and also the home to school transport policy. 

Councillors Smith and Bernstein, raised concerns in relation to; preparedness, procurement, ability to secure labour and finance comments contained within the first iteration of the report shared with Members of the Cabinet.

Responding firstly, the Chief Executive Officer reported that, she can provide full assurance that the financing of this project has been considered at the Regeneration Board and is provided for in the Capital Programme. 

The Cabinet Member for Children and Young People acknowledged concerns that the Members have raised but she has full confidence that the Council can deliver on the programme as outlined  ...  view the full minutes text for item CA.95

Report of the Cabinet Member for Children and Young People is attached.

The Deputy Leader and Cabinet Member for Children and Young People presented a report seeking approval for an extension of the Equinox Project Team, currently commissioned to support core statutory safeguarding services, to enable Bury Council to protect vulnerable children and young people from harm, in accordance of the principles outlined within the CA 1989.

Responding to a question from Councillor Bernstein, the Cabinet Member reported that social work recruitment is a primary focus for herself and the department and is frequently discussed at the Children’s Improvement Board.  In addition to international recruitment, work has been undertaken to “grow your own” and a number of agency staff have been converted into permanent staff

Recommendation(s)

Cabinet Approves the extension of the Equinox Project Team until 31st March 2024.

Reasons for recommendation(s)

If the project team is not extended this will significantly impact upon the council’s ability to carry out its statutory functions in order to keep children and young people safe from harm. It would be better for the project team to be reduced in a gradual and managed way to reduce the impact of the service losing a full team of very experienced child protection social workers who are currently holding 140 cases. The sudden exit of the team would result in these cases having to be absorbed within the 4 Family Safeguarding Teams which are insufficiently staffed at present.

Alternative options considered and rejected

Other options have been considered such as exiting the project team more imminently and back filling these positions with agency social workers. Currently, the number of agency applications has reduced and there is insufficient availability to back fill the project team.

It is also important to note that the project team have been in place since January 2022 and have gained vast experience and knowledge in relation to Bury and its children. The loss of these Social Workers would impact on the children and families opened to the service. It is also important to ensure good transition of families is in place. The project team will reduce from 6 to 4 social workers by the end of January, 4 to 2 SW’s in February and the final 2 leaving by the end of March.

Report of the Cabinet Member for Children and Young People is attached.

The Deputy Leader and Cabinet Member for Children and Young People presented a report to Cabinet which included a proposal to consult on changes to the home to school and college transport policy.

The policy was last subject to review in 2015, following the publication of the Children & Families Act 2014, which introduced significant reforms in respect of Special Educational Needs and Disabilities. The DfE has recently published updated guidance in respect of transport and the Bury policy needs to be reviewed and refreshed to reflect this guidance.

Following an investigation into current arrangements by the Council is amending it’s policy to make clear that, where the Council decides transport is necessary to enable young adults with an EHC Plan to maintain their placement, they will not be charged, in line with the Council’s statutory duty.

A draft policy has been written that meets the Council’s statutory obligations.

Responding to a question from Councillor Bernstein, the Leader reported that the investigation referred to above, details of which and the implications for the Council will be shared with Members of Cabinet.

Recommendation(s)

Cabinet:

Notes the intention to co-produce a home to school transport policy for consideration for wider consultation and to receive a report in March 2024 with recommendations having regard to the outcome of the consultation.

Reasons for recommendation(s)

The proposed changes respond to revised guidance from the DfE in respect of home to school transport and also responds to complaints in respect of post 19 provision (adult learners).

Alternative options considered and rejected

The changes are required to ensure that the policy is reflects updated Government guidance and remains statutorily compliant.

Report of the Cabinet Member for Health and Wellbeing is attached.

The Deputy Leader and Cabinet Member for Health and Wellbeing presented the Adult Social Care Department Quarter 1 and 2 Report for 2023-24. The report outlines delivery of the Adult Social Care Strategic Plan, preparation for the new CQC Assessment regime for local authorities and provides an illustration and report on the department's performance framework.

Responding to a question from Councillor Bernstein, the Deputy Leader and Cabinet Member for Health and Wellbeing reported that he would be happy for further detail in relation to Adult Social Care to be included in future Cabinet quarterly monitoring reports.

The Leader asked that his thanks be placed on record to Adrian Crook, Director of Community Commissioning and his team for their excellent work which has been highlighted and commended in the recent Peer Review.

Recommendation(s)

To note the report.

Reasons for recommendation(s) N/A.

Alternative options considered and rejected. N/A.

Report of the Cabinet Member for Housing Services is attached.

The Cabinet Member for Housing Services presented a reported to Council to propose the transfer 11 – 13 Stock Street, Bury from the Land & Property Team to Housing Services, for the provision of temporary accommodation in accordance with the recommendations in section 2 of the accompanying report.

If this proposal is approved, the property will provide temporary accommodation for larger, low-income families who are statutory homeless and in priority need, until a more permanent solution can be found. The rent would be capped at the Local Housing Allowance (LHA) rate to ensure affordability. Rental income generated from the letting of this property would be paid into the Housing Revenue Account (HRA).

Recommendations:

Cabinet:

1.    Agree that this property is declared surplus from the Land & Property Team and transferred by appropriation to Housing Services (under Section 122 of the Local Government Act 1972), for the provision of temporary accommodation for larger families who are statutory homeless and in priority need.

2.    Agree that refurbishment costs can be funded in their entirety via accumulated commuted sums which have specifically been identified for the acquisition and refurbishment of empty properties in the borough.

3.    Agree that an affordable monthly rent of £797.81 can be charged for this property in line with LHA rates, to ensure affordability.

4.    Delegate the finalised terms of the transfer to the Director of Law and Governance in conjunction with the Director of Place and Cabinet Member for Housing.

Reasons for recommendations:

The number of homeless households and those living in temporary accommodation is increasing, due to significant shortages within the housing stock, net inward migration and unaffordable rented accommodation in the private sector.

The Council is in urgent need of temporary family housing, to support larger households in priority need who are statutory homeless. At present, there are no 4-bedroom properties within the temporary housing stock and larger families who are homeless are having to be re-housed in smaller properties or, as a last resort, bed and breakfast accommodation until something more suitable is available, which can be particularly detrimental to the health and development of children.

Alternative options:

Option 2 - sell the property at auction and retain the proceeds of the sale in the Council’s General Fund.

Option 3 – sell the property at auction and ring-fence the proceeds of the sale to purchase an alternative 4-bedroom property in the borough, to accommodate families who are statutory homeless and in priority need.

Report of the Cabinet Member for Corporate Affairs and HR is attached.

The Cabinet Member for Corporate Affairs and HR presented a report to Cabinet which provided details of the proposal to Procure a Water Hygiene Monitoring Services for the Prevention of Legionella. 

The Cabinet Member reported that he contract is for the period 01 July 2024 to 30 June 2027 with a possible extension option for a further 2 years.

This contract provides prevention of Legionella compliance to all council-controlled properties, schools that buy into the service and buildings occupied by Persona and Six Town Housing. There are 209 properties with the current contract, comprising of: 57 Schools, 11 Persona Buildings, 20 Six Town Housing managed properties and 121 council-controlled buildings.

This contract is managed through Architectural Services and is a traded service which is recharged out to individual client departments, schools that buy into the service and ALMO’s such as Persona and Six Town Housing.

Recommendation(s)

Cabinet:

1.    Approves the use of the ESPO Framework Agreement to procure the councils Water Hygiene Monitoring Service contract for the period 01 July 2024 to 30 June 2027 with a possible extension for a further 2 years. The council will use the framework by conducting a further competition exercise.

2.    Notes that a further report will be presented to Cabinet following the completion of the mini - competition process with an award recommendation.

Reasons for recommendation(s)

The proposed arrangements ensure that the Council has a fully compliant water hygiene monitoring service provider in place.

The framework offers the council access to a choice of pre-approved, industry compliant water hygiene monitoring service providers where all supplier staff have been fully DBS checked and approved.

All suppliers on the framework have been pre-checked for financial stability, track record, experience and technical and professional ability.

Framework is fully compliant with UK procurement regulations, the EU procurement directive and the councils contract procedure rules. Advice from the council’s procurement team has been sought.

Framework offers the option of conducting a further competition exercise from all suppliers, this can be tailored to the council’s specific requirements with the ability to tender for best value split between price and quality.

Social Value can and will be incorporated into the further competition exercise. This will form part of the quality assessment and will carry a 10% weighting in the award criteria.

The framework is free and available for use by any public body in the UK this includes Local Authority Establishments. ESPO is a public sector owned professional buying organisation (PBO), specialising in providing a wide range of goods and services to the public sector.

Alternative options considered and rejected

Option 2 - Carry out the water hygiene monitoring service in house.

This option is currently not feasible as the council does not have the labour capacity, suitably trained staff or the necessary IT infrastructure to carry out a service such as this. In order for this option to work the council would need to invest in additional resources both in staff, training, hardware and software requirements and was therefore  ...  view the full minutes text for item CA.100

Report of the Cabinet Member for Environment, Climate Change and Operations is attached.

The Cabinet Member for Environment, Climate Change and Operations presented a report to seek formal approval to use the Yorkshire Purchasing Organisation (YPO 1173 Liquid Fuels framework for the period 16 October 2023 to 15 October 2025 with two options to extend for an additional 12 months. The maximum Framework period will therefore be 4 years, from 16 October 2023 to 15 October 2027 (subject to annual review, incorporating price negotiations and KPI performance).

The various liquid fuels listed are available for use by all Council owned vehicles which equates to 22 separate service users including waste and recycling, highways, grounds maintenance, security and response services, adult and children’s transport and Six Town Housing. Bury Council is an associate member of YPO, a Public Buying Organisation established in 1974 to maximise the value from consolidating demand and procuring collaborative supply contracts on behalf of its members and associates.

Recommendation(s)

Cabinet:

1.   Approves the decision to use the new YPO Framework 1173 for 2 years with the option to extend for a further two twelve-month periods subject to satisfactory performance.

2.   Approves the use of YPO’s sole appointed framework supplier, Standard Fuels, for the supply of various fuels (diesel, gas oil and AdBlue) through the framework duration.

3.   Approves the use of the YPO utility Framework Agreement to administer the purchase and supply and delivery of various liquid fuels for the period 16 October 2023 to 15 October 2027.

4.   Provide delegated authority to the Executive Director of Operations and Executive Director of Finance, in consultation with the portfolio lead for Environment, Climate Change and Operations to award the contract and facilitate the execution, implementation, and operation of the contract.

Reasons for recommendation(s)

The proposed arrangements will ensure that the Council has a compliant various liquid fuels contract in place.

Alternative options considered and rejected

Option 2 - Procure our own various liquid fuels by direct tender

This option is possible, but it would involve a standalone Public Contract Regulations (PCR) compliant tender to secure contracts directly with the selected utility provider(s) (or via a broker). This approach is unlikely to produce the best results due to the relatively small scale of the portfolio compared to that of most large purchasing organisations. In contrast, a Public Sector Buying Organisation such as YPO, can obtain more favourable wholesale prices through aggregating the demand of a large number of public sector organisations. In addition, a direct tender would require the Council to engage additional resources (skilled utility traders and additional staff for contract management) and provide greater risk of exposure to utility price fluctuations . It was therefore determined as unviable.

Option 3 - Procure through a Private Sector based provider.

The Council would be required to invite tenders for a private sector Third Party Intermediary (TPI) to procure various fuel supply, but it would need to be sure that it would be getting best value through a truly aggregated contract. Full price transparency of all costs, including TPI fees and any commission  ...  view the full minutes text for item CA.101

Report of the Cabinet Member for Environment, Climate Change and Operations is attached.

The Cabinet Member for Environment, Climate Change and Operations presented a report which asking the Council to consider their Bio-diversity duty and what they can do to conserve and enhance biodiversity. 

The Cabinet Member reported that the report sets out:

The new legal and procedural requirements for the Council to meet our biodiversity duty;

·       The requirement to complete our first consideration of what action to take for biodiversity by the 1st January 2024;

·       The scope and content of a draft Biodiversity Strategy which forms our first consideration of the current state of biodiversity in Bury and the potential actions that we could take to conserve and enhance biodiversity in the Borough;

·       A proposal to consult residents and stakeholders on the draft Biodiversity Strategy; Work taking place to identify potential Council-owned receptor sites for off-site Biodiversity Net Gain; and The potential next steps.

The Leader responding to comments from Councillor M Smith reported that when undertaking any developments the Council would wish to avoid any environmental implications, in the first instance.  This report acknowledges the Council’s Biodiversity Duty and provides strong measures to mitigate impacts.

Recommendation(s)

Cabinet:

1.   Notes the requirement to meet a new ‘biodiversity duty’ introduced by the Environment Act 2021.

2.   Approves the publication of the draft Biodiversity Strategy for public consultation for a period of 6 weeks.

3.   Notes that a final version of the Biodiversity Strategy will be presented to Cabinet for adoption, taking into account any responses to the consultation.

4.   Notes the ongoing work on identifying receptor sites including Old Kays, Brandlesholme, Chesham, Hollins Mount, Springwater Park, Outwood and Philips Park.

5.   Notes the further requirement for the Council to produce a report no later than 1 January 2026 detailing the biodiversity net gain resulting, or expected to result, from development granted planning permission in the Borough.

Reasons for recommendation(s)

The Natural Environment and Rural Communities Act 2006, as amended by the Environment Act 2021, gives public bodies the duty to conserve and enhance biodiversity and requires public bodies to complete a first consideration of what action to take for Biodiversity by 1 January 2024.

Alternative options considered and rejected

Not to publish a draft Biodiversity Strategy for consultation. However, the Council is still required to complete the first consideration of the Biodiversity Duty by 1 January 2024. The Council could consider how it can meet its biodiversity duty without consulting on the Strategy, or without a Strategy at all. This option has been considered and rejected as the Council, the community and its partners would be unclear on their priorities and how to deliver them.

To consider the minutes of meeting of the Greater Manchester Combined Authority held on 27^th October 2023.

It was agreed:

That the minutes of the Greater Manchester Combined Authority meeting held on 27^th October 2023 be noted.

To consider passing the appropriate resolution under Section 100 (A)(4), Schedule 12(A) of the Local Government Act 1972, that the press and public be excluded from the meeting for the reason that the following business involves the disclosure of exempt information as detailed against the item.

Decision:

That the press and public be excluded from the meeting under Section 100 (A)(4), Schedule 12(A) of the Local Government Act 1972, for the reason that the following business involves the disclosure of exempt information as detailed against the item.

Report of the Leader and Cabinet Member for Strategic Growth is attached.

Recommendation(s)

As set out in Part A.

In addition to paragraph 10 in Part A, Cabinet to note that approval for any potential compensation will be asked for as part of the RIBA Stage 4 costs in line with the developing funding strategy for the Prestwich Village redevelopment scheme.

Reasons for Recommendation(s)

As set out in Part A.

Alternative options considered and rejected

As set out in Part A.

Report of the Cabinet Member for Corporate Affairs and HR is attached.

Recommendation(s)

Cabinet:

Approves the use of the ESPO Framework Agreement to procure the Councils Water Hygiene Monitoring Service contract for the period 01 July 2024 to 30June 2027 with a possible extension for a further 2 years. The Council will use the framework by conducting a further competition exercise.

Notes that a further report will be considered Cabinet following the completion of the mini - competition process with an award recommendation.

Report of the Cabinet Member for Environment, Climate Change and Operations is attached.

Recommendation(s)

Cabinet:

1.   Approves the decision to use the new YPO Framework 1173 for 2 years with the option to extend for a further two twelve-month periods subject to satisfactory performance. The indicative total cost per annum is £1.35m which extrapolated over the full four-year contract is £5.4m.

2.   Approve the use of YPO’s sole appointed framework supplier, Standard Fuels, for the supply of various fuels (diesel, gas oil and AdBlue) through the framework duration.

3.   Approves the use of the YPO utility Framework Agreement to administer the purchase and supply and delivery of various liquid fuels for the period 16 October 2023 to 15 October 2027 (at an annual cost of circa £1.35m per annum). The total estimated contract value will be circa £5.4m over a fouryear period. (The annual and total contract value may change due to consumption patterns).

4.   Provide delegated authority to the Executive Director of Operations and Executive Director of Finance, in consultation with the portfolio lead for Environment, Climate Change and Operations to award the contract and facilitate the execution, implementation, and operation of the contract.

Reasons for recommendation(s)

As set out in Part A. 4.

Alternative options considered and rejected

As set out in Part A.