Decisions

See attached report

Fund on call costs to deliver Care Link Response Service

Permission to recruit additional care staff to deploy:

1, Intermediate Care and Reablement – Council Provision

2, Independent Sector Care Providers, Care homes, Supported Living and Care at home, who have insufficient staffing to maintain safe service levels

Provision of Equipment to facilitate Rapid Hospital Discharge over 7 days

1. MECS has moved to virtual appointments unless clinically indicated a face-to-face needed
2. Reduction in open opticians delivering MECS- reduced to 6/13
3. Should we explore what’s happening in secondary care and can we look to utilise the community opticians via MECs to support delivery of urgent care

In response to the covid-19 outbreak, we need to urgently provide the tools for our IAPT service and other VCF sector organisations to provide remote support to Bury communities.

The RBMS process most elective referrals to main providers including assessing/booking transport. Most of what they do in terms of patient contact relies on paper and telephone based activity (longer term we need to think about use of email

In this challenging climate, there is a pressing need to identify suitable self-contained accommodaiton, for vulnerable customers at risk of Covid 19, or have been infected. This has also been recognised as a need by the Government, GMCA and also by local demand. The need is for the following customer groups:
• People sleeping rough on the streets that have been infected with Covid 19 and need to be isolated
• Those that are ready to be discharged from hospital and are placing strain on increasingly finite hospital beds
• Single homeless or childless couple who have the symptoms of Covid 19 and cannot be accommodated shared housing.

Please accept this as a request to close BEST day operations in their current form and move to telephone check ins

Bury Employment Support Service provide day centre opportunities for 79 adults with learning disabilities.

Every single service user has been risk assessed and a contingency put in place

Current Staffing:

Out of an Employment Team of 6.5 members of staff, we only have 1 remaining in the service. This member of staff has long term health conditions and is over 60
Out of 3 contracted Support staff – we only have 1 member of staff remaining in the service who has a long term health conditions and a compromised immune system.

Social Distancing

As a service we are unable to adhere to the government guidelines around social distancing – Our service model means we can accommodate is 6 vulnerable customers and 1 support staff working in close proximity in a confined space. Some of our customers have very little or no awareness of personal space and some with very poor hygiene. i.e. not using tissues when sneezing etc.

Emergency COVID 19 Response Measures

From 8:30 last night the government introduced the following condition on movement
You may only leave the home to
• Go to work
• Shop for groceries, medicine and other essentials
• Exercise outside
• Provide care or help a vulnerable person
• For any medical need

As all the service users normally supported by BEST now have contingency in place for them to be safely cared for at home there is no need for them to leave the house

Therefore this is a request to close BEST day operations in their current form and move to telephone check ins

Bury Council’s Planning/Development Management Section currently receives circa 1200 planning applications per year.

The Council’s constitution is currently written to enable planning decisions to be issued in a reasonable and timely manner by a set of criteria that determines which applications are to be considered by the Council’s Planning Control Committee and which are delegated decisions to be made by the Director for Business, Growth and Infrastructure.

Presently, some 93% of decisions are delegated to the Director and the remaining applications are made by the Planning Control Committee. This is consistent with the Government’s view on the levels of delegated decisions.

The Ministry of Housing, Communities and Local Government (MHCLG) provides guidance on how the decision making process should be done so as to ensure that most applications that are straightforward are decided as early as possible thus to enable the economy to maintain momentum. Those applications that are considered to be place making and have more widespread public interest, are heard and decided in public meetings made by the Council’s Planning Control Committee. The Local Government Act and the Council’s constitution require meeting of this nature to be held in person and in public. There is no right to speak or address the Committee, but Bury Council chooses to permit it.

The United Kingdom has been hit by the worldwide pandemic of Coronavirus/Covid-19 which has seen over the last few weeks and in particular days, restrictions being introduced by the Government on social interaction, which is seen as a key way to slow how the highly contagious infection spreads.

The issue therefore arises on how the planning process can still continue to function at all levels and this paper seeks to pay particular attention to the Committee decision making process.

Current Government Restrictions Affecting Planning Decision Making
The situation in the UK has been changing quickly in the most recent days. The latest guidance found on https://www.gov.uk/guidance/coronavirus-covid-19-information-for-the-public that has direct implications upon public decision making processes are:

• Broad Advice
o Only go outside for food, health reasons or work (but only if you cannot work from home)
o Stay 2 metres (6ft) away from other people
o Self isolation for certain groups and following recent illnesses
• Stopping public gatherings
o To make sure people are staying at home and apart from each other, the Government is also stopping all public gatherings of more than two people.
• Exceptions for very limited purposes:
o where the gathering is of a group of people who live together – this means that a parent can, for example, take their children to the shops if there is no option to leave them at home
o where the gathering is essential for work purposes - but workers should try to minimise all meetings and other gatherings in the workplace

Ministry of Housing, Communities and Local Government Advice/Response 24 March 2020
• It is important that authorities continue to provide the best service possible in these stretching times and prioritise decision-making to ensure the planning system continues to function, especially where this will support the local economy.
• We ask you to take an innovative approach, using all options available to you to continue your service. We recognise that face-to-face events and meetings may have to be cancelled but we encourage you to explore every opportunity to use technology to ensure that discussions and consultations can go ahead. We also encourage you to consider delegating committee decisions where appropriate. The Government has confirmed that it will introduce legislation to allow council committee meetings to be held virtually for a temporary period, which we expect will allow planning committees to continue.
• We encourage you to be pragmatic and continue, as much as possible, to work proactively with applicants and others, where necessary agreeing extended periods for making decisions.

From 4 April 2020
• https://www.gov.uk/government/news/councils-given-new-powers-to-hold-public-meetings-remotely
• Local Government Secretary confirms local authorities can hold public meetings remotely by video or telephone;
• Government removes requirement for physical attendance at meetings;
• Public will still have access to public meetings through remote means;
• Change ensures effective local decision making and transparency during the national effort to fight the coronavirus pandemic.
The Planning Inspectorate (PINS)25th March 2020
Appeals can still be made for non-determination of planning applications and proposals, appeals against decisions issued and conditions imposed on consents and permissions. PINS have restricted submission to on line only and existing appeal hearings and site visits have been cancelled and will be rescheduled.

Planning Officer’s Society
This is a professional group represented by Planners across all sectors. The depth of expertise has been pooled to put together a practical solution to all the angles of decision making for the Development Management process and can be found using this link https://www.planningofficers.org.uk/news/dm-decision-making--covid-19. The report is attached for information and provides a good guide to the options available under the current difficult times.

Bury Council’s Issues and Options
Issues
24th March PCC was postponed due to the rapid increase in precautionary and mandatory measures required by the Government at the time. The current stated period will be reviewed broadly on 13th April 2020. The next PCC meeting is scheduled for 21st April 2020. Indications are that restrictions will be maintained in some way but as yet there is no firm outline or proposal of what this would be. There is therefore uncertainty.

Statute has not changed to remove timeframe restrictions which heavily controls the planning process be that on publicity or determination dates. Planning decisions are required to be made within statutory timescales (8/13 weeks). Risks of not doing this - Appeal for non-determination and costs claim / LPA “designated” if numbers fall below Government threshold / have to re-pay fee after 26 weeks.

PCC meetings are normally publicly attended. However, high numbers of people that normally attend would mean that social distancing would not be achievable for either the public or Members and Officers. In any event, this would be classed as a gathering, which currently is prohibited.

The agenda requires a two week time for report writing, production and publication. The agenda must therefore be ready and publicised no later than 13th April 2020.

Postponement – 5 items have already been delayed. Whilst applicants and agents were accepting of this one off, the Council’s Local Planning Authority must have provisions in place so that postponement does not become indefinite or without end.

Streaming – The Council Chamber has web streaming capabilities for full Council meetings and this is used for each meeting. The Government have issued primary legislation to permit virtual meetings, but secondary legislation is not yet in place to permit the intentions to come in to force under regulatory controls. Irrespective of the streaming capabilities, the meeting may involve some Members who are in the at risk group and may exclude Members or staff from attending due to isolation or shielding reasons. The Council does not have streaming/conference capabilities to all would need to be involved.

Executive/Extraordinary Emergency Provisions – The Council’s constitution says “In cases of emergency, a Chief Officer after consultation with the Chair of the appropriate Committee or Leader of the Council and with the relevant Opposition Spokesperson and leader of the second largest opposition group, shall be empowered to make urgent decisions when necessary on Council Functions relevant to their service area. Such urgent decisions shall be processed through the Chief Executive and shall be submitted to the appropriate Committee for information.”

This obviously relates to exceptional circumstances which are prevalent at the moment. In very exceptional and extreme circumstances, where decisions are required to be taken, this can be done through agreement between the parties described.

Following this process, the decisions can still be made on planning applications without public or Member and staff health risk. Public responses would not be precluded by still producing the agenda and publicising it as normal. The public can still make written representations up to the point of determination and already received written comments are included in the report in any event. PCC Members would have a working week to provide written comments on the items, which can be collated and feed in to the Executive decision making process.

Legal Challenge - All decisions wherever they are made are subject to potential legal challenge through Judicial Review. It could not be reasonably argued that the current pandemic has not given rise to the need for extraordinary actions and as such all of the above matters would always be subject to challenge.

Applicants - still have the right of appeal if a decision has not been issued within the statutory time or outside any agreed timeframe. Decisions still are required to be taken within the 8,13 or 16 week period and in any event within 26 weeks unless through extended times as agreed, otherwise fees can be requested to be refunded.

Third Parties – Objections and support can be provided to the LPA on applications and are duly reported. These are an important part of the planning process and weigh in the planning balance where they make material planning representations.

Options: Risks/Benefits

1. Need to consider whether it is appropriate/necessary to use emergency powers if the Council can lawfully hold meetings virtually. However, IT is clearly not in place at the moment and the PCC meeting is too close to facilitate delivery of this for the April meeting.
2. Wait until PCC meetings can be safely held again and try to agree extensions of time. This is better for public engagement/openness but not recommended because Government advice is to prioritise decision-making. It could potentially be 6 months or so delay, which is an unacceptable delay for applicants.
3. Coronavirus legislation is now in force with the necessary secondary legislation and hold virtual PCC meetings – The legislation is permits remote meeting and this would maintain transparency / openness. However, the Council is not ready IT-wise but is working upon innovation to deliver this. For clarity, this would not be live-streaming but a video/telephone conference.
4. Use urgency powers – Lacks openness/transparency and to a degree is undemocratic. However, The Council could look at going further than only consulting the Chair - could ask all PCC members for views and contact objectors for a written version of what they would have said in their address to PCC. This option could be used in the interim and cover the April meeting and subsequent for an interim six month period and be reviewed in the meantime whereby, discussions between the Chief Executive, Chair, IT, Planning and Democratic Services seek to deliver the virtual solution as soon as possible in time for when secondary legislation is in place.
Consultation
The Chair of the Planning Control Committee was consulted whom discussed the matter with the Leader of the Council. The response was as follows:
"Having read the report “Planning Control Committee - Application Decision Making Due to Coronavirus / Covid-19 Restrictions” and the accompanying guidance for planners and information from the government, I agree with recommendation 4 of the report.
Emergency powers, with the suggested adjustments, should be used under the proviso that a virtual solution is sought as soon as is reasonable, so that members of the planning control committee can scrutinise applications and members of the public can see that the legally defined processes have been followed.
This decision is made from a purely legal perspective following changes to government legislation to try to facilitate “business as usual” during this global pandemic.
I do however wish to place on record my disagreement with the national guidance that planning should try to continue and would urge national government to temporarily remove the time limits placed on decisions for planning departments meaning that these major decisions can be deferred till such a time as the emergency has abated. Although planning and economic development are very important issues, at this time of global crisis I believe that planning decisions should not be placed in the same category of emergency response as health care.
This however is a personal perspective and does not affect my decision as chair of planning to concur with recommendation 4 of the report."

Recommendation
Option 4 be carried out as the current circumstances lead to the most appropriate means of ensuring that the planning process continues, with as much inclusivity as can be currently delivered. The option includes the use of moving to virtual meetings when IT permits. The use of this power is suggested for a limited period only and reversion to a more open process for Committee decision making when the Council are able to. This process closely follows that of the Planning Officer’s Society recommendations (page 6) and a move to Virtual meetings (page 7 onwards).

Private Sector Housing: Private rented sector, owner occupier, empty properties, Houses in Multiple Occupation.

Home visits will not be undertaken unless the case has been deemed an emergency and that a visit is necessary (risk of death/ no hot water / no heating / defective sanitary provision/fire safety). Any new cases of housing disrepair that come in will be prioritised and our working procedures will be flexible over this period. These cases will be monitored on a daily basis and depending on demand for service if some can be resolved via a phone call, then officers will make any necessary calls or emails/all communication from home.

Any planned (non-emergency) housing inspections over the next couple of weeks are to be cancelled and will be re arranged when the peak of the outbreak has passed and we begin to be more operational.

If it is necessary for a home visit in the case of an emergency, the officer will enquire with the occupier regarding their age and any underlying health conditions and whether they are symptomatic, have been in contact with anyone with symptoms or in contact with anyone who has returned from a county with symptoms in the past 14 days. The occupier will also be asked to take photographs and/or videos to that assessments can be made. That information will be relayed to the manager and head of service and a risk assessment carried out to ensure the safety of the occupier, staff members and contractors of entering and carrying out any necessary emergency remedial action.

Complaints relating to empty properties and nuisance: officers will ask that photographs be provided by the complainant and officers will make effort to contact owner via any details held on council tax but no further action will be taken if we have no details on council data base systems. These cases can be dealt with at a later stage.

The reasons for these changes listed above is to avoid all un necessary contact with members of the public for the health and safety of our (often vulnerable) service users, staff members and their families at home. The service will be operating at a reduced reactive capacity in light of the current climate but the team will be flexible and adapt as this process continues.

Adaptations Team: Staff provide feasibility inspections for Disabled Adaptations, this service is cross tenure private sector and Six Town Housing.

New works to properties to be postponed with immediate effect unless the work is of an urgent nature / to enable a hospital discharge and only if the client/ contractor agree to go ahead. Applicants to be advised of this delay by Occupational Therapists.

The reasons behind this are precautionary and in an attempt to prevent unintentional spread of the virus to those that are least able to fight it given the customers in this group have a medical condition and/or disabled and/or children and elderly. Additionally our only full-time Technical Officer is self-isolating due to coronavirus symptoms and has an immediate family member with chronic asthma. We are left with one Technical Officer who works 2 days a week.

If a home visit is required then the following questions are to be asked:
1. Have you recently returned from an affected country?
2. Have you been in contact with anyone that has recently returned from an affected country?
3. Do you have symptoms? High temperature, cough, difficulty breathing?
4. Is the client ok with us coming into their home?

We have a spreadsheet of all active cases for technical officers to update and for Unit Manager to review – this will help reduce our current backlog.

Major Adaptation Panel (MAP) meeting has been postponed, therefore Unit Manager is looking at the options for virtual meetings going forward for existing cases to progress. In the meantime a spreadsheet is being collated of all previously deferred cases and the new cases to be discussed. This will be circulated for comments from all Officers who attend MAP so that decisions can be made on each case whether to approve or not in the interim.

Other approaches

Urban Renewal have responded to the Coronavirus by gathering information from various bodies’ voluntary/public and private to make sure we can signpost those in need for services/advice that we can’t offer, such as rent arrears, mortgage arrears for Landlords, food banks and homelessness to name a few . This is an evolving situation and we will continue to support all customers as far as possible.

The following alterations have been made to the service delivery of the Building Control function.

Site Visits – Requests for site visits are being recorded as this is the minimum legal requirement as set by legislation. Visit requests are then assessed by the individual officers, where a site visit is not essential then the contractor can provide photographic evidence of the element of work in question.

Where site visits are required then an assessment is made by the officer in accordance with the attached site visit risk assessment form.

Submission of applications – We have contacted our regular agents and advised them that the ability to submit a paper application is likely to be removed at short notice and that they should look to submit electronic documents.

Office Work – Where staff have the ability to work from home then there primary place of employment is now at home, phones have been diverted and new practice and procedure documents have been given to all staff. Nominal costs incurred for head-sets / head-phones so that incoming calls remain private.

Payment Of Fees – All payment of fees to be made online, previously accepted cheques, phone payments and payments at the town hall.

Complaints about unauthorised Work – We will accept photographic evidence, and inform owners of their legal obligations, formal enforcement powers last for up to 2 years so these issues will be dealt with at a later date.

Acceptance of Building / Initial Notice – These applications are being automatically accepted to reduce the processing workload. An electronic note will be added to the case file by the building control manager / team leader to act as the formal acceptance signature.

Legal Notices / Documents – While we have access to the office we will try and issue paper documents, once paper documents are no longer available we will issue electronic documents.

No waiting at any time, see attached sheet for full details.

Temporary closure, Broad Oak Lane, Bury, Utility works. Full details on attached sheet.