Agenda, decisions and minutes

88.1           The evacuation procedure, as set out on the Agenda, was taken as read.  

88.2           The Chair welcomed Councillor P W Awford to the meeting who was in attendance, as Chair of the Overview and Scrutiny Committee, for Item 7 – Performance Management – Quarter 3 2015/2016.

89.1           The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 26 June 2012 and took effect from 1 July 2012.

89.2           The following declarations were made:

89.3     There were no further declarations made on this occasion.

To approve the Minutes of the meeting held on 3 February 2016 and of the special meeting held on 9 March 2016.

90.1           The Minutes of the meeting held on 3 February 2016, and of the special meeting held on 9 March 2016, copies of which had been circulated, were approved as correct records and signed by the Chair.

To receive any questions, deputations or petitions submitted under Rule of Procedure 12.

(The deadline for public participation submissions for this meeting is 30 March 2016).

91.1           There were no items from the public on this occasion.  

To consider the Committee’s Forward Plan.  

That the Committee’s Forward Plan be NOTED.  

92.1           Attention was drawn to the Committee’s Forward Plan, circulated at Pages No. 17-19. Members were asked to consider the Plan.

92.2           Accordingly, it was   

To receive and respond to the findings of the Overview and Scrutiny Committee’s review of the quarter three performance management information.

That the Overview and Scrutiny Committee’s comments on the Performance Management Report for Quarter Three of 2015/16 be NOTED.   

93.1           The report of the Corporate Services Group Manager, circulated at Pages No. 20-77, asked Members to review and, if appropriate, take action on the observations of the Overview and Scrutiny Committee following its review of the 2015/16 quarter three performance management information.   

93.2           Attention was drawn to the observations made by the Overview and Scrutiny Committee, attached to the report at Appendix 1; the Council Plan Performance Tracker, attached at Appendix 2; the Key Performance Indicator set, attached at Appendix 3; Revenue Budget Summary Statement, attached at Appendix 4; the Capital Monitoring Statement, attached at Appendix 5; and the Revenues Position Summary which was attached to the report at Appendix 6.

93.3           The Overview and Scrutiny Committee Chair explained that Council performance over the past quarter had generally been good with some key areas of excellent performance which had included the new Leisure Centre being completed on target; the completion of the planning and environmental health service reviews; the launch of the new Tewkesbury tourism website; and the Borough-wide roll-out of the place approach. Given the wide range of performance that Officers reported on, Members had also been made aware of areas that were not progressing as planned. One Member had drawn particular attention to the length of time it was taking to rent out office space within the public services centre and the Deputy Chief Executive had explained that negotiations were ongoing with a group of partners but they were currently confidential. Timescales were dependent on other organisations and their consultation processes but it was anticipated that a clearer steer would be gained over the next couple of months and Members would be kept updated. In relation to the Council Plan action ‘to work with the Local Enterprise Partnership to initiate projects identified within the Strategic Economic Plan’, a Member had asked for clarification on the update in respect of ‘environment and resources efficiency’. The Economic and Community Development Manager had explained that the Local Enterprise Partnership had been awarded European funding and there were now opportunities for organisations to bid for projects of an environmental nature. A Member had also raised concerns about the fact that reports of enviro-crimes, particularly fly-tipping, seemed to be increasing and she questioned whether the Overview and Scrutiny Review Working Group needed to be resurrected. The Environmental and Housing Services Group Manager had advised that fly-tipping had been raised as an issue at the Joint Waste Committee and that it was a national issue. In addition, a proposed action within the new Council Plan was for the Council to consider its approach to enviro-crimes with a particular focus on fly-tipping and dog fouling. In terms of the Key Performance Indicators, a Member had noted that the planning systems review had been completed but he had not seen any changes to the service provided; particularly in relation to customer care, and he asked when Members would be presented with the review report. The Deputy Chief Executive had clarified that, while part of the  ...  view the full minutes text for item 93.

To endorse the 2016/17 service plans.

That the 2016/17 Service Plans be ENDORSED.  

94.1           The report of the Corporate Services Group Manager, circulated at Pages No. 78-115, provided the service plans for each service for 2016/17. Members were asked to endorse those plans.   

94.2           Members were advised that the service plans contained the key non-daily activities which were intended to be carried out during the year. Officers would update Lead Members on those activities at their Portfolio Briefings. The service plan also showed the progress against 2015/16 actions and any outstanding actions had been carried forward as appropriate.

94.3           Having considered the service plans, it was

To recommend the Council Plan to Council for adoption.

That it be RECOMMENDED TO COUNCIL that the Council Plan be ADOPTED.   

95.1           The report of the Corporate Services Group Manager, circulated at Pages No. 116-134, set out the proposed Council Plan for 2016-20. Members were asked to recommend the Council Plan to the Council for adoption.

95.2           The Committee was advised that the proposed Council Plan for 2016-20 had been developed in partnership with Members over a number of months. The new priorities, set out at Paragraph 2.2 of the report, were Finance and Resources; Economic Development; Housing; and Customer Focused Services. Page No. 5 of the Council Plan set out the objectives under each of those priorities and the actions to meet those objectives were contained at Page No. 6 of the Council Plan onwards. The Corporate Services Group Manager believed that the new Plan had a real sense of ambition, particularly around its digital strategy, commercialism and growth. Delivery of the Plan would be monitored by the Overview and Scrutiny Committee.

95.3           The Corporate Services Group Manager explained that the Council Plan had been presented to all Members on 9 March 2016 and the feedback had generally been supportive with one Member suggesting that a priority on ‘clean and green’ should be included. Some actions around the presentation of the Plan had also been suggested and those were included in the Plan which was before Members. A list of the comments made by Members at the presentation on 9 March was attached to the report at Appendix 2 for information.

95.4           During the discussion which ensued, a Member expressed the view that his aim was to get new housing built with minimal delays and, whilst he was sometimes forceful in trying to achieve that aim, he did feel that everyone was now working together to achieve those aspirations for which he was grateful. The Chief Executive explained that he had met with the Member previously and his proposals to amend the actions relating to housing had been made which he felt made the priority clearer. One Member questioned why the wording had been amended when the point of the priority was to meet a defined need which had been imposed upon the Council by the government. In response, the Deputy Chief Executive explained that the Council Plan set out the Council’s overarching objectives for its communities. The Council wanted to provide adequate housing to meet the needs of its residents and it was felt that the simplified wording encapsulated that aim better; however, it could be changed if alternative wording was preferred. Referring to the economic development areas of the document, a Member was pleased that this was a dominant feature of the Council Plan. He indicated that, with all the new housing planned and new people coming into the Borough, economic growth for businesses was needed. 

95.5           Accordingly, it was

To approve the formal Complaints Policy.

That the formal Complaints Policy be APPROVED.  

96.1           The report of the Corporate Services Group Manager, circulated at Pages No. 135-144, set out the Council’s new complaints policy which Members were asked to approve.   

96.2           Members were advised that the Council generally received a low number of complaints, however, the formulation of a new complaints policy responded to a report from Internal Audit that the Council needed to deal with those complaints that it did receive better. A mini transformational project had been put into place which had devised a new way of recording and dealing with complaints. That system had been demonstrated to Lead Members already and would be presented to the Transform Working Group at its next meeting.

96.3           In reviewing the complaints system, an Officer Working Group had been set up to look at the old processes and it had been found that the system was difficult to manage and did not really record complaints in the correct way. This meant that the policy had been completely redrafted and a supporting leaflet had also been introduced. The new policy set out clearly what the customer should expect from the Council, how the Council would respond and in what timeframe a response would be provided. Complainants could now complete an online form and, once received, a complaint would be responded to within 20 working days; this had been increased from 10 working days due to the increasingly complex nature of the complaints received. Officers would always be encouraged to respond as soon as possible but the 20 day limit was in line with Local Government Ombudsman recommendations. In addition, within two working days of a complaint being received, an acknowledgement would be sent to the complainant to let them know who was investigating the complaint, the timescale within which a response would be received and what the procedure to be followed was. In accordance with data collection legislation a data retention schedule was to be maintained and reference was made to this within the policy.

96.4           A Member expressed the view that Ward Councillors should be advised of complaints as it could be advantageous for Officers to gain a fuller understanding of the complaint and the complainant from a Member with local knowledge. It was also felt to be helpful for the Member to know if there were any particular issues from within their Ward. In response he was advised that the system would prompt an Officer to consider whether the complaint was something that they should tell the local Member about; there was no automation within the system to email the Councillor directly about every complaint that was received. Officers had to remember that they had a duty of confidentiality but there was a judgement call to be made on what information about a complaint was passed to Members. Any vexatious/serial complaints were referred to the Borough Solicitor. In terms of the way complaints were made, the Committee was advised that the idea was to maintain a channel so that Customer Services could log  ...  view the full minutes text for item 96.

To consider and approve the Digital Strategy.

That the Digital Strategy be APPROVED.  

97.1           The report of the Corporate Services Group Manager, circulated at Pages No. 144-160, attached the new Digital Strategy which Members were asked to approve.

97.2           The Committee was advised that digital technology was changing the expectations of residents as people wanted services that were instant, available twenty four hours a day seven days a week and were accessible no matter where they were. At the same time the Council continued to face unprecedented financial challenges while still delivering quality frontline services. The strategy set out the direction for the Council’s digital journey and made it clear that, before it embarked on making big changes to the way it did things, it needed to map out its digital requirements and ensure it achieved digital solutions in a joined up and worthwhile way.

97.3           The strategy introduced three digital priorities: digital services – developing excellent digital services enabling customers to get the information they need online; joining up with our partners – using technology to tackle complex issues and working together seamlessly with our partners to open up access to our services for our communities; and developing a digital workforce – giving staff the digital tools and skills required to deliver services effectively and efficiently. The digital vision which encompassed those priorities was: we want our customers to be able to access our services when and where they need them, we want to join up with our partners to make access to our services easier, and we want our staff to be equipped with the technology and skills to be able to work effectively in a digital environment. The principles that underpinned the priorities were contained at Page No. 3 of the strategy. In response to a query regarding the governance of the strategy, the Corporate Services Group Manager explained that there was an internal programme board which was responsible for the performance management framework and the Transform Working Group would monitor that work.

97.4           Accordingly, it was

To approve the review of Disabled Facilities Grants.  

That the Disabled Facilities Grants Review report be ADOPTED.  

98.1           The report of the Interim Environmental and Housing Services Group Manager, set out the findings from the review of the disabled facilities grant function and made recommendations in respect of how the grant should be administered in the future. Members were asked to adopt the report.   

98.2           Members were advised that the review had been undertaken by a Working Group of the Overview and Scrutiny Committee. That review had considered the Council’s current approach in administering the grant and considered what alternative processes could be used instead of, and in addition to, those currently employed. The Overview and Scrutiny Committee had considered the report at its meeting on 23 February and had agreed to adopt it and refer it to the Executive Committee for consideration. The Working Group had examined three areas of potential improvement including better and earlier information being given to those with a disability regarding their options, including assistance to move to a more suitable property, when that was their wish, or one that could be more easily adapted; streamlining the application process and the correspondence sent once the grant had been approved; and potential improvements in the procurement of contractors and equipment, including benefits of using schedules of rates and alternatives to fixed equipment currently being provided. The report of the Working Group and subsequent action plan was attached to the report at Appendix 2 and it included an outline of the review findings, provided an update on the current performance of the service and detailed the progress of the service improvements being undertaken. Members had concluded that the recommendations contained in the action plan would help improve the effectiveness, including the cost effectiveness, of the service and should provide a service that could react better to future predicted demands. The action plan involved a significant amount of capital finance which was the reason for bringing it to the Executive Committee.

98.3           A Member expressed concern about the grant being subject to financial means testing as she knew of a case previously where a young mother had had to move following a stroke because she could not get the help she needed due to the fact that she did not meet the criteria for the means test. In response, she was advised that the means test had changed in 2012 and this had made it was easier to get grants. It was hoped that a similar situation would not arise in future.

98.4           Accordingly, it was

To approve the Council’s response to the consultation, as set out in Appendix 1 to the report, for submission to the Department of Communities and Local Government.

That the response to the consultation, as set out in Appendix 1 to the report, be APPROVED for submission to the Department of Communities and Local Government.

99.1           The report of the Development Services Group Manager, circulated at Pages No. 183-280, set out the government’s technical consultation on the implementation of planning changes that were contained within the Housing and Planning Bill. Members were asked to approve the proposed response to that consultation for submission to the Department for Communities and Local Government. 

99.2           Members were advised that the Department for Communities and Local Government was consulting on views on the proposed approach to implementing the planning provisions in the Housing and Planning Bill along with some other planning measures. The proposals contained several changes to the way planning was delivered which, if adopted in their current form, could fundamentally change the way the planning service within local government was provided. It was therefore important that the Council responded to the consultation at this stage.

99.3           Particular attention was drawn to Paragraph 2.2 of the report, which set out some of the main proposals, and to Appendix 1, which detailed the responses to each area. In summary the proposals included: adjusting planning fees in line with inflation, but only in areas where the local planning authority was performing well; the introduction of a new ‘permission in principle’ route for obtaining planning permission which was designed to separate decision-making on ‘in principle’ issues from matters of technical detail; the introduction of a brownfield register which would become a qualifying document to grant permission in principle – authorities would be expected to take a positive, proactive approach when including sites in their registers, rejecting potential sites only if they could demonstrate that there was no realistic prospect of sites being suitable for new housing; the requirement to publish a small sites register and subsequently for Councils to permit sufficient serviced land to match demand; proposals to set the various time periods for local planning authority decisions on neighbourhood planning, to set the procedure to be followed where the Secretary of State chose to intervene in sending a plan or Order to a referendum and to introduce a new way for neighbourhood forums to better engage in local planning; to prioritise intervention in local plans where the least progress had been made, where there was under-delivery of housing in areas of high housing pressure, where policies in plans had not been kept up to date, where there was higher housing pressure and where intervention would have the greatest impact in accelerating local plan production; extending the approach to planning performance to include applications for non-major development to ensure all applicants could have certainty in the level of service to be provided; to introduce powers to enable the testing of competition in the processing of planning applications; to place a duty on the local planning authority to ensure that planning reports recorded details of financial benefits that were likely to accrue to an area as a result of proposed development; the introduction of a dispute resolution mechanism for Section 106 Agreements; and ensuring there was sufficient provision to meet growing school  ...  view the full minutes text for item 99.

To consider asset disposals recommended by Severn Vale Housing Society and to delegate authority to the Deputy Chief Executive, in consultation with the relevant Lead Members, to determine any future consideration of asset disposals by registered providers operating in the Borough.

1.      That the view that the nine asset disposals recommended by Severn Vale Housing Society are appropriate be ENDORSED and the active support of Severn Vale Housing Society in utilising any proceeds of those disposals to support the replacement of essential affordable homes in key rural locations be welcomed.

2.      That authority be delegated to the Deputy Chief Executive, in consultation with the Lead Members for Built Environment and Finance and Asset Management, to determine any future consideration of asset disposals by registered providers operating in the Borough.

100.1         The report of the Deputy Chief Executive, circulated at Pages No. 281-307, set out the details of asset disposals which had been recommended by Severn Vale Housing Society. The Committee was asked to endorse the conclusions reached by Severn Vale Housing Society as part of the local authority’s view. 

100.2         The Deputy Chief Executive explained that the government had a strong policy to encourage every registered provider and Council to review their own housing stock regularly and to consider disposals to enable them to use their stock more efficiently. Severn Vale Housing Society had recently identified nine properties in the east of the Borough that fell in the criteria of being inefficient and the Committee was asked to consider whether it was comfortable with that recommendation. Each property had been assessed using a framework developed by the Homes and Communities Agency against a level of repair, energy efficiency and details of how the proceeds from the disposals would be used. It was proposed that the receipts from disposals would finance the Society’s development programme for new affordable housing as well as to improve specific schemes and estates that required it. Whilst the Borough Council had no formal role in approving the disposals, which were determined by the Secretary of State, it was asked for its view as part of the Ministerial consideration.

100.3         During the brief discussion which ensued, a Member expressed his sadness at the loss of a one bedroom unit in Winchcombe and he indicated that he would like to see Severn Vale providing something to replace it within the area. He did, however, fully appreciate being asked for his views as a local Member and felt that the meetings he had attended with Severn Vale had been very useful. With regard to the property in Hawling he expressed some concern that it may already have been sold and the Deputy Chief Executive undertook to investigate as that should not be the case.

100.4         Accordingly, it was

To adopt the revised Revenues and Benefits Write-Off Policy.

That the revised Revenues and Benefits Write-Off Policy be ADOPTED.  

101.1         The report of the Revenues and Benefits Group Manager, circulated at Pages No. 308-312, set out the proposed changes to the Revenues and Benefits Write-Off Policy. Members were asked to consider those changes and adopt the revised policy.    

101.2         Members were advised that the Policy was due for review by the Executive Committee which was the reason the report was before them. The current policy had been considered and there were a number of minor changes that were suggested at Paragraph 1.1 of the report; those were also highlighted in grey within Appendix 1. The changes included amendments to job titles; delegated authority to write-off a debt of up to and including £15,000 being given to the Finance and Asset Management Group Manager; authorisation to write-off debts greater than £15,000 being given to the Executive Committee; and the Revenues Team Leader and Revenues Officers being given delegated authority to write-off irrecoverable debts of up to £55.00.

101.3         Accordingly, it was

102.1         The Chairman proposed, and it was

                  RESOLVED          That, under Section 100(A)(4) of the Local Government Act                               1972, the public be excluded from the meeting for the following                              items on the grounds that they involve the likely discussion of                                     exempt information as defined in Part 1 of Schedule 12A of the                               Act. 

(Exempt –Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information relating to the financial or business affairs of any particular person (including the authority holding that information))

To consider the purchase of property for investment purposes. 

(Exempt –Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information relating to the financial or business affairs of any particular person (including the authority holding that information))

103.1         Members considered the purchase of property for investment purposes and agreed to authorise the Finance and Asset Management Group Manager, in consultation with the Lead Member for Finance and Asset Management, to negotiate terms within a particular set of parameters.  

(Exempt –Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information relating to the financial or business affairs of any particular person (including the authority holding that information))

To consider the use of capital funds and make a recommendation to Council.  

(Exempt –Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information relating to the financial or business affairs of any particular person (including the authority holding that information))

104.1         The Committee considered the use of capital funds for the funding of collapsed bank repairs and made a recommendation to Council accordingly.

(Exempt –Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information relating to the financial or business affairs of any particular person (including the authority holding that information))

To consider a new lease for the Abbey Caravan Site, Tewkesbury.

(Exempt –Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information relating to the financial or business affairs of any particular person (including the authority holding that information))

105.1         Members considered a request from the Abbey Caravan Site, Tewkesbury and agreed arrangements to allow the negotiation of a new lease for the site. 

(Exempt –Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information relating to the financial or business affairs of any particular person (including the authority holding that information))

To consider the way forward in respect of Tewkesbury Town Regeneration and make a recommendation to Council thereon.

(Exempt –Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 –Information relating to the financial or business affairs of any particular person (including the authority holding that information))

106.1         The Committee considered the way forward in respect of Tewkesbury Town Regeneration and made a recommendation to Council thereon.