Agenda and minutes

Apologies were received from Councillor Clare Cummins, Councillor Tahir Rafiq, and Councillor Tamoor Tariq, and Councillor Mike Smith was substituting for Councillor James Mason.  

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.

Apologies were received from Councillor Clare Cummins, Councillor Tahir Rafiq, and Councillor Tamoor Tariq, and Councillor Mike Smith was substituting for Councillor James Mason.  

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, Monday, 19 July 2021. Approximately 30 minutes will be set aside for Public Question Time, if required.

The following question was submitted in advance of the meeting by a member of the public, Krisila O’Neill:

How do you see closing another home to make savings in the long term this will affect other services? What happens to the social care portion of council tax because it keeps going up but this sector has more and more cuts year after year.

Responding, Councillor Andrea Simpson reported that Council tax does increase each year and so does the cost of caring for adults in the borough. Each year the cost of supporting adults goes up more than the council tax so in the absence of government funding each year we have to make savings to balance the budget.

The Council’s overall aim is to keep providing current level of service but find less expensive and better ways of doing this. Data has shown that demand for both day care and short stay/ respite service has been on the decline since 2018 and we cannot continue to pay for provision that is not fully utilised.

Decommissioning capacity that is not used means savings can be delivered without reducing the amount of care and support we provide.

The following question was submitted in advance of the meeting by a member of the public, FrancineMillar:

I am paying 1.99% more for council tax along with everyone else for social care. Can you explain where this money is going to? Plus you do have reserve money for rainy days this is surely a rainy day and needs to be released. People whom I have spoken to don’t understand why social care is being treated in this way to close down an important home. Plus they didn’t hear about this until I shared this with them.

Responding, Councillor Andrea Simpson reported that each year we spend £80m supporting vulnerable adults with care and support. Every 1% added to council tax for adult social care raises £860,000.

To ensure our care providers could pay the National Living Wage increases as mandated by Central Government and manage other inflationary pressures we need at least an extra £2.5m.

Therefore, you can see the adult social care precept does not keep pace with the cost of care and therefore each year we find savings to balance the budget.

This has been the case each year for many years and we await the long-awaited central government plan to rescue Adult Social Care. Until we see this then our need to deliver savings will likely continue and depending upon what the plan says may need to continue even longer.

The council does have some reserves and is using them to reduce the amount of savings made already.

Considerable effort was made to advertise the consultation, this included:

·         A detailed letter and survey, sent to 701 Persona customers.

·         Information published on the Council’s Consultation and Engagement site One Community.

·         A Council press release issued on the 24th May.

·         Published the consultation on Council social media platforms.

·         Information on the consultation  ...  view the full minutes text for item CA.107

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 9.30am Friday, 16 July 2021.

The following question was submitted in advance of the meeting by Councillor Carol Birchmore:

For some time now Bury Council has been claiming that it is committed to a brownfield first policy. However I would like you to consider the following: 

• Out of the £97 million Greater Manchester Brownfield Housing fund Bury Council have so far only managed to secure only £1.4 million whereas Bolton, Manchester, Rochdale and Wigan have all secured over £10 million each. 
• Bury Council failed in its bid to secure funding from the Brownfield Housing Fund for the largest brownfield site in Bury i.e. 400 houses on the East Lancashire Paper Mill site. 
• Despite identifying brownfield sites for over 4,000 homes in Bury, the Council has failed to meet its Housing Delivery Targets and at 52% of target it has achieved the poorest performance amongst all the Greater Manchester councils. 
• The topic papers for both the Elton Reservoir and Walshaw greenbelt sites, talk about first completions on those sites in 2025. Considering how long it takes to put planning applications through the system and site land preparation this would indicate a proposed immediate start on the process of building on greenbelt as soon as Places for Everyone is approved. 

Considering this the following questions need to be asked: 

1.   Why has more effort not been put in by the Council to ensure that brownfield sites are in a shovel ready state for development? 

2.   Why is the Council not using its own brownfield sites to build affordable homes by setting up wholly owned house building company similar to the one set up by Salford Council? (Derive)  

3.   Do you agree that the claim of a brownfield first policy as at best questionable? 

Responding, Councillor Eamonn O’Brien reported that the Council has brought several reports around our brownfield strategy including the success we’ve had in applying for brownfield funding and in starting on site as much as possible needs to happen in an accelerated time. Underneath all of that the Council has been developing its own Business Growth and Infrastructure directorate, something that did not exist for a number of years. The capacity, the resource, the skills, the expertise we’ve brought into that have now put us in the position where we are far more capable of delivering these brownfield sites. Prior to that in-house capacity, much of the Council’s strategy relied on disposal of the land directly to housing providers for development. We wanted to make sure we were taking a more active approach, intervening in these brownfield sites, developing as much affordable and eco-friendly housing as we can.

One of the reasons we have secured less money than some of our neighbours is because we have less brownfield land than they do. Boroughs with larger brownfield sites are able to bid for larger sums of money. Our biggest brownfield site is 400 homes; our neighbours have multiple sites of well over 1000 homes. Considering our starting point and our present circumstances, we have competitively bid  ...  view the full minutes text for item CA.108

Minutes from the meeting held on 30 June 2021 are attached.

It was agreed:

Minutes of the meeting held on 30 June 2021 be approved as a correct record and signed by the Chair.

Minutes of the meeting held on 20 July 2021 are to follow.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the minutes of the Overview and Scrutiny meeting held the previous evening which had been tabled for Members.

The Committee had agreed the following resolution: “The scrutiny committee advises the Cabinet to reject the Places For Everyone model like Stockport has and pursue a Bury local plan.”

The Leader advised this would be addressed during discussions of the next item on the agenda.

It was agreed:

Minutes and resolution of the Overview and Scrutiny meeting held on 20 July 2021 be noted.

A report from the Leader and Cabinet Member for Finance and Growth is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the report which presented proposals for the Publication of a joint Development Plan Document of nine Greater Manchester (GM) districts (Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Tameside, Trafford and Wigan), to be known as ‘Places for Everyone’ (PfE).

With regards to the recommendation from Overview and Scrutiny Committee, it was noted that working collaboratively had enabled Bury to off-set 2,228 homes from our Local Housing Need to other districts which would otherwise have to be accommodated within the Borough. To withdraw from the plan would therefore result in further pressures on greenbelt land to site those homes. The collaborative plan also secured infrastructure investment from developers, which was lost if Bury withdrew from the joint plan.

In response to Members’ questions, it was noted that not every brownfield site was appropriate for housing development, with some (such as the former fire station site) better utilised in developing the local economy. In response to further questions, it was noted that residents’ views were being listened to, and this plan addressed the long-term needs for communities whilst protecting the vast majority of the greenbelt. The plan benefitted Bury, allowing us to shift our housing needs to other areas and prevent further need to release greenbelt land, and giving us greater power to dictate to developers.

With regards to the consultation, the plan would be subject to an eight-week period of public consultation, including  online engagement methods as well as a range of other steps to ensure sections of the community that don’t have internet access can get involved in the process. Following this consultation, and subject to the approval of Council, the Places for Everyone plan would be formally submitted to the Government alongside all supporting evidence and responses received during consultation. The Government will then appoint a Planning Inspector (or a panel of Inspectors) to undertake a Public Examination of the plan and this would also take into account all consultation responses and evidence submitted by residents. It was noted that the Council were unable to make changes to the plan but the Planning Inspectors can make alterations based on this evidence.

Decision:

That, subject to the Joint Committee agreeing that the plan has substantially the same effect and recommending the plan to the districts, Cabinet:

1.   Approves the Places for Everyone: Publication Draft 2021, including strategic site allocations and Green Belt boundary amendments, and reference to the potential use of compulsory purchase powers to assist with site assembly, and the supporting background documents, for publication pursuant to Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 for an 8-week period for representations to begin not earlier than 9 August 2021; and

2.   Delegate to the Director of Economic Regeneration & Capital Growth authority to approve the relevant Statement of Common Ground(s) required pursuant to the National Planning Policy Framework 2019.

Reasons for the decision:

It is considered that working with the  ...  view the full minutes text for item CA.111

A report from the Leader and Cabinet Member for Finance and Growth is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the report which set out the final financial position for the Council for 2020/21, covering the position for both revenue and capital and providing an analysis of the variances, both under and overspending.

In response to Members’ questions, it was noted that grants received over the past year covered the initial cost implications from Covid but were a one-off and so ongoing challenges and budgetary pressures remained. Internal governance was improving, reflected in audit reports, and would be finalised now the permanent Director of Finance post had been appointed to. Finally, it was noted that the Council needed to get back to collecting as much Council Tax and Business Rates as possible, whilst still being sensitive to the ongoing impacts the pandemic had on residents, businesses and communities.

Decision:

That Cabinet:

1.   Note the final underspend on the revenue budget of £13.605m. It should be noted that £11.1m was always planned due to the reduced contribution to the pooled fund of £10.5m and the £567k planned contribution to the general fund. The balance is as a consequence of the very late receipt of Government funding during 2020/21 to support the financial impacts of the pandemic.

2.   Note that the £10.5m reduced contribution to the pooled fund was agreed at the end of the last financial year, when the Council made an additional contribution to the pool of the same value as a mechanism of accessing additional funding for the CCG;

3.   Approve the net allocation to reserves of £48.982m and note that this is factored into the out-turn position;

4.   Note the Covid 19 reserve for future use for Covid 19 cost pressures in addressing the ongoing impacts of the pandemic on the vulnerable residents of our population and supporting Council services where there are losses of operating income;

5.   Note the final position on the collection fund;

6.   Note the final position on reserves of £130.172m at the end of 2020/21, split £74.849m general, £67.885m earmarked and (£12.562m) schools;

7.   Note expenditure of £27.233m on capital programmes during the year and the outcomes achieved;

8.   Note the slippage of £13.297m on the capital programme and approve that this can be carried forward and added to the 2021/22 capital programme.

9.   Note that the final treasury management outturn report will be presented to Cabinet in September 2021.

Reasons for the decision:

The continuation of the Covid pandemic and the additional measures that have been put in place, both nationally and across the Greater Manchester region, in response to this has impacted significantly on demand for services and loss of income. There remain some considerable challenges as a result of COVID-19 and the use of available funding and the impact on the financial position in 2021/22 will need continuing close monitoring.

Other options considered and rejected:

N/A

A report from the Leader and Cabinet Member for Finance and Growth and the Deputy Leader and Cabinet Member for Children, Young People and Skills is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the report which set out capital projects at The Derby High & Philips High schools, for which financial provision is made through the 2021/22 and 2022/23 Children’s Services Capital Programme.

Decision:

That Cabinet note the programmes of investment.

Reasons for the decision:

The project costs are within the identified capital programme budget.

Other options considered and rejected:

N/A

A report from the Leader and Cabinet Member for Finance and Growth and the Cabinet Member for Housing Services is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the report which sought approval for the next stage of development of the Business Growth and Infrastructure (BGI) department.

Decision:

That:

1.   The Council’s housing functions be organised within the Business Growth and Infrastructure department, as set out in this report.

2.   The post of Director of Housing and Development be deleted.

3.   A new post of Assistant Director of Housing be established. The post has been evaluated at Chief Officer (Band C).

4.   The structural changes to housing functions, as detailed in section 4 of this report be approved.

5.   The structural changes within the regeneration and development functions of the Business Growth and Infrastructure department in, detailed in section 5 of this report be approved.

Reasons for the decision:

·         The changing policy context, especially the Housing White Paper and the responsibility it will place on the Council.

·         The appointment of an experienced senior housing leadership within the Council will provide focus for the service and for other partners including the ALMO.

·         The appointment of an experienced Assistant Director (Regeneration Delivery) in BGI has opened the route to better enable the Council to deliver residential growth through partners and the private sector whilst generating receipts.

·         A strengthened intelligent client function will enable a clearer understanding of performance in both the ALMO and in housing services.

·         A comprehensive housing service allows depth in housing knowledge to join up both physical and people-based strategies across public services.

·         It allows a focus on residential development across all tenures and sectors and enables a much broader base of partners to be engaged.

·         By enabling residential development rather than direct delivery, the service will lever external funding and skills and places risk in the right places.

Other options considered and rejected:

To carry on as is with transfer of all Housing functions apart from development to Six Town Housing (STH). This option has been rejected for a number of reasons, including the current policy context; Let’s Do It; the new Housing Strategy; and the Housing White Paper, the low performance of residential development by the Council, the unique nature of the proposal and risk i.e., there are no other ALMO's that have taken on this scale of service in one single transfer, an underlying lack of understanding around ALMO performance and cost, and that the Housing Revenue Account is coming under pressure and it is vital that the Council is able to take a more proactive role in developing its HRA 30-year Business Plan than it has done to date in order to ensure any investment decisions are affordable.

A report from the Cabinet Member for Health and Wellbeing is attached.

Councillor Andrea Simpson, the Cabinet Member for Health and Wellbeing, presented the report which outlined the details, findings, and recommendations of the public consultation regarding the council’s arm’s length provider Persona Care and Support Limited.

Members discussed the report in the context of social care as a national issue and lack of central government funding. In response to questions, it was noted financial and legal details surrounding the covenant on Spurr House could be circulated outside the meeting.

Decision:

That Cabinet approve the following proposals:

·         Proposal 1 – day care

Reduce the number of unused places in the day care service. Close Pinfold Lane Centre and relocate the dementia day service to a designated area at Grundy.

·         Proposal 2 – short stay/ respite

Reduce the number of unused places in the short stay service, closing Spurr House leaving Elmhurst open for short stay care.

·         Proposal 3 – all age disability services

Further explore a multigenerational disability assessment and care management service and if co-production indicates bring forward an options paper.

Reasons for the decision:

Due to the significant financial challenge facing the Local Authority, Adult Social Care has proposed savings schemes totalling £12.4million. Understandably as a large proportion of the Adult Social Care budget is spent on our arm’s length provider Persona Care and Support Limited, this contract must be reviewed and reduced to help achieve the savings. The current savings requirement for Persona Care and Support Limited is £2.5m over the next two financial years.

Other options considered and rejected:

Alternative savings proposals submitted would not deliver the amount of savings required and would not ensure the council did not continue to pay for capacity within a block contract that was not needed or used.

A report from the Cabinet Member for Corporate Affairs and HR is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the report which summarised the Council’s work to establish the foundations for a Let’s Do It! Internal transformation strategy to be delivered during 2021/22 and 2022/23.

In response to questions, it was noted that user experience improvements would be more than front-end changes, with wider system developments being a part of the improvements being made to the digital infrastructure. It was agreed that the Cabinet Member would meet with the Leader of the Opposition to discuss the strategy. 

Decision:

That Cabinet:

1.   Note the internal progress to date in developing the transformation strategy.

2.   Endorse the overall proposed approach as a basis for action and approve investment proposals.

3.   Note an updating report will be provided to cabinet in January 2022.

Reasons for the decision:

This report provides the ‘blueprint’ for the delivery of an ambitious transformation programme for Bury Council over the financial years 2021/22 and 2022/23. It includes the feedback and recommendations from Ameo and sets out the strategic objectives for the programme; the proposed architecture for the next two years and an outline cost/benefit analysis. This report builds and draws on all existing projects and work relating to transformation and brings it into a single programme.

Other options considered and rejected:

None.

A report from the Cabinet Member for Environment, Climate Change and Operations is attached.

Councillor Alan Quinn, the Cabinet Member for Environment, Climate Change and Operations, presented the report which set out the progress made on the Greater Manchester Clean Air Plan.

In response to a Member’s question, it was noted that small businesses were vulnerable, but £5,000 grants were available to support retrofitting of vans. There might be a shortage of some models, the proposed final Plan will achieve compliance with the legal limits for Nitrogen Dioxide within Greater Manchester and by 2024 at the latest as required by the Ministerial Direction. but an extra year’s grace has been secured to allow the market to develop and for supply to increase.

Decision:

That Cabinet:

1.        Note the progress of the Greater Manchester Clean Air Plan;

2.        Note the progress in the distribution of Bus Retrofit funding;

3.        Note Ministers’ agreement to include the sections of the A628/A57 in Tameside which form part of the Strategic Road Network within the Greater Manchester’s Clean Air Zone (CAZ) and their request for Tameside MBC, TfGM and Highways England to establish the most appropriate solution for the charging mechanism to be applied on this section of the Strategic Road Network (SRN);

4.        Approve the GM Clean Air Plan Policy, at Appendix 1 noting that the policy outlines the boundary, discounts, exemptions, daily charges of the Clean Air Zone as well as the financial support packages offered towards upgrading to a compliant vehicle, including the eligibility criteria to be applied.

5.        Agree the Equalities Impact Assessment, as set out at Appendix 2;

6.        Agree the AECOM Consultation Report, as set out at Appendix 3;

7.        Agree the proposed Response to the Consultation at Appendix 4 which has been prepared by TfGM on behalf of the ten GM local authorities;

8.        Agree the Impacts of COVID-19 Report, as set out at Appendix 5;

9.        Agree the Modelling report of the final CAP package, as set out at Appendix 6, and in particular that the modelling outputs of the final plan scheme show the achievement of compliance with the legal limits for Nitrogen Dioxide in the shortest possible time and by 2024 at the latest as required by the Ministerial Direction;

10.     Agree the economic implications of the CAP Report, as set out at Appendix 7;

11.     Note the update on the GM Minimum Licensing Standards, set out in section 3.1, and in particular that licensing conditions will not be used to support delivery of the GM Clean Air Plan;

12.     Approve a 6-week public consultation on the inclusion of motorhomes classified as MSP1 in the GM Clean Air Zone and on the inclusion of the A575 and A580 at Worsley commencing on 1 September 2021 and delegate authority to the Executive Director of Operations in consultation with the Cabinet Member for Environment, Climate Change and Operations to approve the consultation materials;

13.     Note that the GM Clean Air Charging Authorities Committee has the authority to make the Charging Scheme Order which establishes the GM Charging Scheme in line with  ...  view the full minutes text for item CA.117

A report from the Cabinet Member for Environment, Climate Change and Operations is attached.

Councillor Alan Quinn, the Cabinet Member for Environment, Climate Change and Operations, presented the report which regarding new powers introduced into the Environmental Protection Act 1990, which allow authorised officers of local authorities to issue on the spot fixed penalty notices (FPN’s) offering offenders the opportunity to pay up to £400 for anyone caught in the act of fly-tipping, as an alternative to being prosecuted.

Decision:

That Cabinet:

1.   Notes the contents of the report.

2.   Approves the introduction of a Fixed Penalty Notice regime as provided for under section 33ZA of the Environmental Protection Act 1990 and sets the penalty charge at £400, with no reduction for early payment, and the option to pursue the matter in court.

3.   Delegates to the Executive Director of Operations the power to authorise appropriate officers for the purposes of giving FPN’s pursuant to this regime.

Reasons for the decision:

The Council can prosecute where there is evidence of fly tipping, but this is a lengthy process. We must meet both the evidential and public interest test when deciding to prosecute and a prosecution has to be proportionate to the offence, in line with our enforcement policy. This will allow the Council to take swifter action to tackle fly tipping in the borough and provides an alternative remedy to prosecutions where appropriate.

Other options considered and rejected:

The FPN could be set at a low fine level, or no amount set, where the default amount would be £200 as set out in the legislation. However, it is felt it needs to be set at the maximum to ensure it is a deterrent to fly tippers and the figure proposed is in line with other GM authorities.

Any other business which by reason of special circumstances the Chair agrees may be considered as a matter of urgency.

There was one item of urgent business.

A report from the Cabinet Member for Health and Wellbeing is attached.

Councillor Andrea Simpson, the Cabinet Member for Health and Wellbeing, presented the report which set out the urgent nature of the report. The Council is required to disseminate grant monies.

Decision:

That Cabinet approve the request to disseminate the grant monies in line with Department of Health and Social Care Grant requirements as follows:

·         70% of the Infection Prevention and Control Fund to Care Homes and Residential Drug and Alcohol settings (57.5%) and Community Care Providers (12.5%) such as high-risk Supported Living and Care at Home.

·         70% of the Rapid Testing allocation to Care Homes

This is in-line with the grant conditions set by the Department of Health and Social Care that also requires Local Authorities to disseminate the above within 20 days of receipt. Bury Council received these monies on 13th July 2021.

To distribute the remaining discretionary amounts of 30% and 30% respectively:

·         Infection Control Fund – 30% (£153,939)

        Allocated proportionately between the following:

·         Communal Neighbourhood Housing Support Services

·         Extra Care Services

·         In-borough day services

·         Rapid Testing Fund – 30% (£82,986)

Allocated proportionately between the following:

·         Care at Home providers

·         Supported Living providers

Reasons for the decision:

Urgent approval is requested from cabinet to disseminate the grant monies within 20 days of receipt.

Other options considered and rejected:

No other options have been considered as action proposed is the only one in line with grant conditions.

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.

A report from the Cabinet Member for Housing Services is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the Part B report which outlined the recommended route to invest and redevelop the site as a permanent traveller’s site for the current occupiers.

Decision:

That Cabinet approves the recommendations in the report.

Reasons for the decision:

Councils are required by the Housing Act 2004 to undertake regular assessments of the accommodation needs of Gypsies and Travellers either living in, or travelling through, their area.

Other options considered and rejected:

There have been several attempts to find suitable alternative sites within the Borough. All other options have been investigated and discounted.

A report from the Leader and Cabinet Member for Finance and Growth and the Deputy Leader and Cabinet Member for Children, Young People and Skills is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the Part B report which set out the financial details for the capital projects at The Derby High & Philips High schools.

Decision:

That Cabinet note the programmes of investment.

Reasons for the decision:

The project costs are within the identified capital programme budget.

Other options considered and rejected:

N/A