Agenda and draft minutes

Apologies were received from Councillor Walmsley and Jacqui Dennis, Ruth Whittingham attended on her behalf.

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, Monday 04^th November. Approximately 30 minutes will be set aside for Public Question Time, if required.

Two questions were received in advance of the meeting as the questioners were not in attendance, the Chair reported that responses would be made available online and shared with the questioners outside of the meeting.

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 01^st November.

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

When I visited the new school in Radcliffe with other local Councillors, the Head Teacher assured us he wanted to work closely with all local partners. As such what dialogue has the Council had regarding the further delay in opening the permanent school building”?

Responding, Councillor Smith reported that the DfE have confirmed that there has been a delay in signing off the contract for the permanent building because of inflationary pressures that has resulted in the cost exceeding original estimates. The matter appears to have been resolved and the paperwork is now with a senior civil servant awaiting approval. The delay has impacted on the delivery programme, and the following statement has been produced by Star and shared with the Local Authority, pupils, parents, and prospective parents.

The school will remain in the existing temporary accommodation in year two (2025-26).

• The temporary accommodation will be enhanced to accommodate a second year group from September 2025.
• We expect to move into the permanent building during 2025-26.
• The move is likely to take place during the spring or summer term – we are in the process of finalising exact dates with the construction team.

The DfE confirm that they have engaged a design team to work with Star to determine the additional requirements for phase 2 of the temporary modulars to accommodate a second year group from September 2025. The delivery programme and costs, once finalised, are also awaiting DfE approval. The planning application for the additional modulars is due to be submitted in November, with anticipated handover July 2025.

Through regular meetings, Local Authority officers, the school and the DfE continue to have strong, open lines of communication.

A further supplementary question was submitted:

Would it be possible for the council to prepare a timeline of events for the public and councillors.

Councillor Lucy Smith reported that this information is fairly recent to all members and a timeline cannot yet be put together. However, the Council will work on a timeline following confirmation from the Department of Education. Cllr O’Brien provided further reassurances.

Minutes from the meeting held on 25^th September 2024 are attached.

It was agreed:

That the minutes of the meeting held on 25^th September be approved as a correct record.

The Leader noted that a discussion took place at the last Cabinet meeting on the 25^th September 2024 regarding future options of the indoor Market Hall and a commitment to an update. The Leader, Councillor O’Brien advised members the conversations have taken place outside the meeting. Councillor Morris assured members that the extensive work is ongoing to appraise the various options available. There are currently  five options that are being considered. The work currently being done shows the scale of the challenge has shown it is not as initially anticipated and requires further work and consideration. Any investment needs to be aligned with our budget and a further update will be brought in due course.   

Report from the Cabinet Member for Finance and Transformation attached.

Councillor Sean Thorpe, Cabinet Member for Finance and Transformation, presented the report which detailed the updated budget position over the three years 2025/26 to 2027/28. It was noted that there is a current budget deficit of £34.9 million.

Councillor Mike Smith highlighted there are assumptions within the budget and questioned if the report considered matters such as the national minimum wage, cost of the Phillips touch system and energy prices.

In response Councillor Thorpe, confirmed all are assumptions until implemented. The proposed savings highlighted; the street lighting and parking proposals are likely to draw the most attention however there are other proposals, most of which fall into the other category and more transformative, with little to no impact on residents.

In response to a question regarding what level of reserves is the Council prepared to use Councillor Thorpe confirmed he would be guided by officers. Neil Kissock, Director of Finance confirmed that whilst it would not be possible to get to a position where we are not supported by reserves in February 2025 officers would be seeking this to be as low as possible and ideally £10 Million and below would be a figure that is being focused on. In response to a further question by Councillor Bernstein members were advised that if the reserves figure required was higher would Officers be prepared to sign it off, Neil Kissock Director of Finance advised that it would be subject to the strategy for the following future years and officers would need confidence that the Council would be able to achieve the budget gap over the following years.

Councillor O’Brien confirmed that this emphasises the need for a good three-year settlement to assist with planning.

Decision:

Cabinet:

1. Approved the set of draft revenue budget proposals totalling £9.441m for inclusion in the Cabinet proposals for the setting of the 2025/26 revenue budget to be considered by Council on 19 February 2025.
2. Approved the draft revenue budget proposals where necessary for consultation between 11th November – 23rd December.
3. Noted that the outcomes of the budget consultation will be reported back to Members and used to inform the budget setting proposals and referred to Overview & Scrutiny Committee for their consideration.
4. Noted the remaining budget gap of £22.327m over the three years 2025/26 to 2027/28.
5. Noted the forecast reserves balances over the three years 2025/26 to 2027/28.

Reasons for recommendation(s)

• The Council has a legal requirement annually to set a balanced budget and Council Tax and where necessary undertake consultation with the public, businesses, stakeholders and internally with staff and through Overview & Scrutiny Committee.
• To update members on the Councils budgetary position and set out the work plan to reduce the forecast budget gap ahead of Budget Council on 19 February 2025.

Alternative options considered and rejected:

The current assumption within the MTFS is for an on-going 4.99% annual Council Tax increase (2.99% general precept and 2% adult social care precept). An alternative option could be made to increase its ‘relevant basic amount of council tax’  ...  view the full minutes text for item CA.254

Report from the Leader and Cabinet Member for Strategic Growth

Councillor O’Brien, Leader and Cabinet Member for Strategic Growth provided an overview of the report circulated to members in advance of the meeting.

The report detailed the Draft Northern Gateway Development Framework (NGDF) which sets out the masterplan and phasing strategy for the Northern Gateway site. It was noted that we have been through a lengthy process and now we have a controlled planning system. Bury and Rochdale do have an employment opportunity with up to twenty thousand jobs on the site. It also identifies high level design principles and an approach to the delivery and phasing of infrastructure.  In order to give the Framework additional planning weight in decision making, it is proposed that it is adopted as a Supplementary Planning Document (SPD). 

Members were asked to approve the draft framework for a six-week consultation period in order to establish stakeholder views on its content.

Following the consultation, all comments received will be fully considered and changes made where appropriate before the framework is brought back to Cabinet for approval to adopt.

A member highlighted that with future opportunities should consider the industries of the future and providing opportunities for our graduates and apprentices to develop. In addition members noted that the report referenced stainable drainage, carbon houses and improved sustainable transport links.

In response to a question regarding the legal position for Places for Everyone, the Leader, Councillor O’Brien advised he is not aware of any updates on the matter, when an update is available it will be shared with members and does not believe the matter will threaten the adoption of the plan.

Decision:

Cabinet:

1.    Approved the draft Northern Gateway Development Framework as the basis for public consultation for at least six weeks commencing in November 2024.

2.    Delegated approval to the Executive Director of Place to make minor non-material editorial amendments to the draft Northern Gateway Development Framework Supplementary Planning Document before consultation commences.

Reasons for recommendation(s)

• To enable stakeholders to have the opportunity to provide comment on the draft Northern Gateway Development Framework and to comply with the statutory requirements on consultation.

Alternative options considered and rejected:

• To not approve the SPD for consultation. This would prevent stakeholders from commenting on the SPD and would prevent the Council from being able to proceed to adopt the SPD because it is a statutory requirement that such documents must be consulted on before adoption.

Report from the Leader and Cabinet Member for Strategic Growth

Councillor O’Brien, Leader and Cabinet Member for Strategic Growth presented the report which detailed an update on the status of Investment Zone funding and provided an update on the Atom Valley Mayoral Development Zone, namely the Atom Valley Strategic Case.

Decision:

Cabinet:

1. Accepted receipt of Investment Zone funding, following approval in September for Northern Gateway to be part of Greater Manchester’s Investment Zone.
2. Delegated authority to the Executive Director (Place - Business Growth and Infrastructure) in consultation with the Director of Law and Governance to finalise the terms of the Investment Zone funding
3. Delegated authority to the Monitoring Officer to execute any associated agreements including receipt of grant funding. d. Delegates authority to the Executive Director Place, Business Growth and Infrastructure in consultation with the Leader of the Council and Cabinet Portfolio Holder, to authorise outputs and end of stage approvals in relation to any Investment Zone funding.
4. Endorsed the Strategic Outline Business Case for Atom Valley MDZ.
5. Noted that a similar report will be presented to Rochdale Council’s Cabinet on 26 November 2024.

Reasons for recommendation(s)

• Significant progress is now being made to progress the delivery of the Northern Gateway, the largest development site in the Atom Valley MDZ. This includes the recent adoption of Places for Everyone (PfE) Joint Development Plan in March 2024 and the designation of Northern Gateway as part of the Greater Manchester IZ. The Atom Valley Strategic Outline Business Case (SOBC) sets out the Atom Valley vision and opportunity in the context of Greater Manchester and identifies the potential scale of public sector intervention required to support delivery; the associated socio-economic benefits this site will unlock; and supports delivery partners with positioning the opportunity with sub-regional and national funders and stakeholders.

• The IZ funding has been allocated from 1st April 2024, with a year-one spend deadline of 31st March 2025, along with other revenue funding, there is a need to move projects forward swiftly and flexibly to respond to these funding opportunities. As such, the report seeks delegations to the Executive Director (Place - Business Growth and Infrastructure), Leader of the Council and relevant Portfolio holder(s) to facilitate these processes and implement the respective Delivery and Procurement Strategies.

Alternative options considered and rejected:

• That the recommendations are not approved, and we do not utilise the funding, with this reallocated elsewhere in Greater Manchester. This presents a risk to delivery of the Places for Everyone joint development plan and specifically, the delivery of Northern Gateway.

• That the collaboration and delegations are not approved, and further reports are brought to Cabinet to authorise spending in relation to funding at a later date. This introduces risk that monies will not be deployed or spent on time both within this financial year 2024/25 and future years, with funding reallocated to other projects elsewhere in Greater Manchester

Report of the Cabinet Member for Communities and Inclusion

Councillor O’Brien, Leader and Cabinet Member for Strategic Growth presented the report on behalf of Councillor Walmsley. Members were provided with an overview of the proposed Equality, Diversity and Inclusion Strategy 2024-2028 which is a Council only strategy given the dissolution of the CCG in July 2022. The Strategy has been co-produced with community leaders, senior champions and staff groups.

Four years ago Members took the decision to agree a Strategy which not only set out our commitment across the nine protected characteristics recognised by law, but went further in also demonstrating our understanding of the challenges faced by care leavers, carers, military veterans and the socio-economically disadvantaged and our commitment to giving specific focus to supporting these groups and the new Strategy maintains this commitment.

Members suggested that consultation of the Strategy with Team Bury would be helpful.

Decision:

Cabinet:

1.    Noted the successes of the 2020-2024 inclusion strategy and approve the proposed 2024-2028 strategy for adoption by the Council.

Reasons for recommendation(s)

To support continued focus on equality, diversity and inclusion across the borough and support the strategic delivery of LET’S Do It through the prism of protected characteristics. Adoption of this strategy will ensure continued compliance with the council’s legal obligations set out within the Equality Act 2010.

Alternative options considered and rejected:

None.

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Report from the Cabinet Member for Children and Young People  

Councillor Lucy Smith, Cabinet Member for Children and Young People provided members with an overview of the report on acquiring properties for Children’s homes in Bury.

Members discussed the costs and how this decision will result in better quality outcomes for children and keeping them within their communities.

A member raised the importance of consulting with communities in prospective areas so they nurture the children. Councillor O’Brien confirmed that political leadership is needed on this issue and good engagement is required.

Decision:

Cabinet:

1. Approved the proposal to enter into negotiations for the in-principle purchase of two 5/6-bedroomed homes to be converted as required to residential children’s homes for residential placements for up to 6 children and associated staffing sleeping and office quarters.
2. Approved capital expenditure of up to £1.5m (assuming no external grant funding becomes available) for the purchase and refurbishment of the homes in (2.0) alongside associated operational management and transformation activity within Children and Young People’s Services to implement the proposed improvements and new management model.
3. Should grant monies be identified, prior to implementation, Cabinet agreed to provide delegation to the Executive Director of Children and Young People’s Services and Director of Finance to accept any grant funding for the acquisitions should it become available following this approval.
4. Agreed to delegate authority to the Executive Director of Place in consultation with the Executive Director of Children and Young People’s Services and Director of Finance, alongside the Portfolio Holder for Children and Young People to oversee selection of property for new children’s homes and associated legal agreements.
5. Noted that the Council will undertake a procurement in respect of necessary refurbishment works at the purchased properties to appoint contractors and enter into legal agreements for the refurbishment of the premises. The value of these works is such that they may be awarded in accordance with the officers’ scheme of delegation.
6. Noted the introduction of proposed operational service changes which will require authorisation through standard HR processes alongside the implementation of the overall project. This will include creating the proposed staffing structure (subject to Job Evaluation) and resources alongside prevention-based transformation activity.

Reasons for recommendation(s)

• The purchase of a maximum of 2 new homes within the locality of Bury to accommodate placements up to 6 Care Experienced Children and enable the Council to play an active role in the lives of its cared for children and meet its duty as Corporate Parents.
• Deliver Bury’s Children’s and Young People’s plan Outcome 3 to allow Children, young people and families to get the support they need locally to where they live.
• The approach will improve quality of provision by giving more effective control to Bury Council over all aspects of service delivery, whilst also reducing the unit cost of the operation substantially.
• Reduce the dependence of Bury Council on Private Sector residential provision, whilst establishing greater competitive tension in the market more generally. It is hoped that provision of this additional capacity will influence Private Sector providers to adjust unit costs to more  ...  view the full minutes text for item CA.258

Report from the Cabinet Member for Communities and Inclusion

Councillor O’Brien, Leader and Cabinet Member for Strategic Growth presented the report on behalf of Councillor Walmsley, Cabinet Member for Communities and Inclusion. The report set out a new Social Value Strategy which has been developed with input from across the Council, the wider Team Bury Partnership and experts from the voluntary sector, business and public service partners.

The development of a Social Value Strategy is an objective of the Council’s Corporate Plan and the Strategy proposed to Cabinet has been developed in partnership with colleagues across the Council with input from the business and voluntary sector communities as well as recognised leaders in the field.

In Bury we have set a clear expectation around social value within our procurement processes and the Strategy describes a number of case studies showing the impact we are already having.

All members welcomed the report and the opportunities for local people that will be presented through social value.

Decision:

Cabinet:

1. Approved the proposed 2024-2027 Social Value strategy for adoption by the Council. Reasons for recommendation(s) Social Value will provide an important vehicle to maximise the value the Council can leverage from its relationships and contracts beyond business as usual for the benefit of the borough’s places and people. Alternative options considered and rejected None.

Reasons for recommendation(s):

• Social Value will provide an important vehicle to maximise the value the Council can leverage from its relationships and contracts beyond business as usual for the benefit of the borough’s places and people.

Alternative options considered and rejected:

• None

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Report from the Cabinet Member for Health and Wellbeing

Councillor Tamoor Tariq,  Cabinet Member for Health and Wellbeing presented the report which set out a plan to extend Bury Council’s substance misuse contract with GMMH for a further six months.

DECISION

Cabinet:

• Agreed to extend Bury Council’s substance misuse contract with GMMH for a further six months, from 1 st September 2024 – 31st March 2025 to align to the end of the 2045/25 financial year.
• Agreed a one of £70,000 payment to uplift the substance misuse contract from 1 st September 2024 – 31st March 2025. Which will be funded through Office Page 370 for Health Improvement and Disparities (OHID) Supplementary Substance Misuse Treatment Grant (SSMTRG) underspend (at no extra cost to the council).
• To make a direct award to the current provider, GMMH, for a period of three years, with the option for the Council to extend for an additional two years at its discretion – starting on April 1st 2025.
• Agreed the new total estimated cost for the three years commencing 1st April 2025 at £1,560,000 per annum, with the same amount allocated per annum thereafter, (subject to inflation and Agenda for Change pay increases). This will be funded through Public Health budget (including a small amount of substance misuse reserves) and there are no requests for additional funding.
• Agreed to delegate the negotiation and finalisation of contracts to the Director of Public Health in consultation with the Director of Law and Governance.

Reasons for recommendation(s):

Current Performance

• The Council is happy with the current performance of GMMH. Its substance misuse services were rated as outstanding from their most recent inspection by the Care Quality Commission (CQC) in 2018.
• In 2022 GMMH had an independent, external provider evaluate the partnership model, which overall was considered to work very effectively and reflect the aims of the contract.
• This option would allow the Council to continue to build on already existing, positive relationships that have been built over the last four years, not just between GMHH and Bury Council but between it and numerous other external partners. Continuing with the current provider will enable current projects and funding streams to continue seamlessly. The current contract represents good value for money, compared to other organisations and localities, evidenced in supporting documents.

Proposed Procurement Route

• A competitive tender process would put extensive pressure on existing resources and staff time and would likely require additional support. In addition, stability and continuity of well performing providers is mentioned frequently as being essential to the care and wellbeing of service users and organisational staff, which is reflected in the potential future implementation of The NHS Provider Selector Regime (PSR). The PSR will aim to introduce increased flexibility and transparency to the procurement of healthcare services and will aim to support greater integration and the establishment of stable collaborations. The continuation of the current provider is in the best interest of the service users, all staff involved, taxpayers and the local population.
• It is proposed that the Council continues with its current contract provider  ...  view the full minutes text for item CA.260

Report from the Cabinet Member for HR & Corporate Affairs attached.

Councillor Tahir Rafiq, Cabinet Member for HR and Corporate Affairs presented the report regarding the organsiational structure review and voluntary exists proposals.

Two applications were presented on the basis that the posts to be disestablished as a result of agreeing the severance requests are at Deputy Chief Officer level and so Cabinet support is required. The other two proposals would incur costs above a hundred thousand pounds and so Cabinet support is requested prior to ultimate approval by Council next week.

Members wished to place on record thanks to the Assistant Director of Operations for all the work done and his dedication to the Council and its residents for forty six years and note this will be acknowledge further at the appropriate time. The Leader noted that there will be time to give personal tributes to staff before leaving the authority.

In response to a query regarding the deletion of posts, members were assured that strategically we can be confident that following team adjustments it can be delivered. Lynne Ridsdale, Chief Executive, provided further reassurances to members that she supports entirely the caution and sensitivity to demands on the Senior Leadership Team and noted that it is key to recognise the Assistant Director of Operations for his contributions to the Council. Members were reminded of a piece of analysis that looked at the balance of resources and did indicate some efficiencies that could be considered and a further update on analysis and options will be considered at a future date.

DECISION

Cabinet:

• Agreed the deletion of the post of Assistant Director (Operations) with effect from 31 October 2025 and the departure of the current postholder via Voluntary Early Retirement.
• Agreed the deletion of the post of Joint Head of Communications, Engagement & Marketing with effect from 1 April 2025 and the departure of the current postholder via Voluntary Severance.
• Recommended to Council that the Voluntary Early Retirement of the Group Engineer (Street Lighting & Operations) is approved.
• Recommended to Council that the Voluntary Early Retirement of the Head of Homelessness & Housing Options is approved.
• Thanked the Assistant Director (Operations), Joint Head of Communications, Engagement & Marketing, Group Engineer (Street Lighting & Operations) and Head of Homelessness & Housing respectively for their contribution to the Council and people of Bury over their time with the Authority.

Reasons for recommendation(s):

The proposals in this report make a budget saving which will support the council’s financial position in 2024/25.

Alternative options considered and rejected:

None.

To consider the minutes of meetings of the Greater Manchester Combined Authority held on 12 July 2024 and 27^th September 2024.

It was agreed:

That the minutes of the Greater Manchester Combined Authority meeting held on 12 July 2024 and 27^th September 2024 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.

Councillor O’Brien, Leader and Cabinet Member for Strategic Growth presented the report which detailed an update on the status of Investment Zone funding and provided an update on the Atom Valley Mayoral Development Zone, namely the Atom Valley Strategic Case. The report set out the full business case.

Decision:

Cabinet:

1.    Accepted receipt of Investment Zone funding, following approval in September for Northern Gateway to be part of Greater Manchester’s Investment Zone.

2.    Delegated authority to the Executive Director (Place - Business Growth and Infrastructure) in consultation with the Director of Law and Governance to finalise the terms of the Investment Zone funding

3.    Delegated authority to the Monitoring Officer to execute any associated agreements including receipt of grant funding. d. Delegates authority to the Executive Director Place, Business Growth and Infrastructure in consultation with the Leader of the Council and Cabinet Portfolio Holder, to authorise outputs and end of stage approvals in relation to any Investment Zone funding.

4.    Endorsed the Strategic Outline Business Case for Atom Valley MDZ.

5.    Noted that a similar report will be presented to Rochdale Council’s Cabinet on 26 November 2024.

Reasons for the decision:

·         As set out for Part A.

Alternative options considered and rejected:

• As set out for Part A.