Agenda, decisions and minutes

Executive
Tuesday, 7th January, 2020 10.30 am

Venue: Committee Room 1 - City Hall, Bradford

Contact: Jill Bell / Yusuf Patel 

Items
No. Item

64.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

 

Minutes:

No disclosures of interest in matters under consideration were received.

 

65.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Jill Bell / Yusuf Patel - 01274 434580 434579)

Minutes:

There were no appeals submitted to review decisions to restrict documents.

 

66.

RECOMMENDATIONS TO THE EXECUTIVE

To note any recommendations to the Executive that may be the subject of report to a future meeting.  (Schedule to be tabled at the meeting). 

 

 (Jill Bell / Yusuf Patel - 01274 434580 434579)

 

Minutes:

There were no recommendations referred to the Executive.

 

LEADER OF COUNCIL & CORPORATE

(Councillor Hinchcliffe)

67.

COUNCIL RISK MANAGEMENT STRATEGY pdf icon PDF 700 KB

The Director of Finance will submit a report (Document “AH”) which details a revised Risk Management Strategy for approval by the Executive.

 

Recommended –

 

That the Executive approve the adoption of a new Risk Management Strategy for the Council set out Appendix A to Document “AH”.

 

Overview and Scrutiny Committee: Corporate

 

(Mark St.Romaine - 01274 432888)

 

Minutes:

The Director of Finance submitted a report (Document “AH”) which detailed a revised Risk Management Strategy for approval by the Executive.

 

The Head of Internal Audit and Insurance explained that a more streamlined process was now envisaged reflecting the current Council structure.  A similar paper would be going to the meeting of the Governance and Audit Committee for consideration.

 

The Leader welcomed the report stating that the Strategy was a good foundation for making decisions and she ascertained how frequently the Strategy would be revised.  In response it was stated that once approved there would be an annual review undertaken, in addition risks were managed at Council Management Team in respect of each item, so the assessment and consideration of risk was a continuous one.

 

Resolved –

 

That the adoption of a new Risk Management Strategy for the Council set out in Appendix A to Document “AH” be approved.

 

ACTION: Director of Finance

 

Overview and Scrutiny Committee: Corporate

 

 

68.

CALCULATION OF BRADFORD'S COUNCIL TAX BASE AND BUSINESS RATES BASE FOR 2020-21 pdf icon PDF 185 KB

The Director of Finance will submit a report (Document “AI”) which estimates the Council’s Council Tax and Business Rates bases for 2020-21. These bases in turn determine the amount of taxation raised in 2020-21.

 

Recommended –

 

(1)       That the number of Band D equivalent properties for 2020-21 for           the whole of the Bradford Metropolitan District be set at 144,350       (as set out in Appendix A, line 13 to Document “AI”).

 

(2)       That the Council Tax Base for 2020-21 for each Local Council as          set out in Appendix B to Document “AI” be approved.

 

(3)       That the share of Business Rates income for 2020-21, including            the 2019-20 anticipated surplus, be approved as follows             (as set            out in Appendix C to Document “AI”, line w, x & y):

 

            50% is paid to Central Government - £66.683m

            1% is paid to the West Yorkshire Fire Authority - £1.341m

            49% is retained by the Council - £66.085m

 

(4)       That authority be delegated to the Section 151 officer in   consultation with the Leader of the Council to make any         necessary amendments to the Business Rates estimate arising             from the completion of the 2020-21 NDR1 form and to include the          amended figures in the 2020-21 Budget papers for Council.

 

Overview and Scrutiny Committee: Corporate

 

(Martin Stubbs – 01274 432056)

Minutes:

The Director of Finance submitted a report (Document “AI”) which estimated the Council’s Council Tax and Business Rates bases for 2020-21. These bases in turn would determine the amount of taxation raised in 2020-21.

 

The Head of Financial Accounting and Systems gave an overview of the report, and the Leader stressed that Business Rates were set by Government and the previous Business Rates pool was now coming to an end and we awaited the details of what the new arrangements would be.

 

Resolved –

 

(1)       That the number of Band D equivalent properties for 2020-21 for           the whole of the Bradford Metropolitan District be set at 144,350       (as set out in Appendix A, line 13 to Document “AI”).

 

(2)       That the Council Tax Base for 2020-21 for each Local Council as          set out in Appendix B to Document “AI” be         approved.

 

(3)       That the share of Business Rates income for 2020-21, including            the 2019-20 anticipated surplus, be approved as follows (as set            out in Appendix C to Document “AI”, line w, x & y):

 

            50% is paid to Central Government - £66.683m

            1% is paid to the West Yorkshire Fire Authority - £1.341m

            49% is retained by the Council - £66.085m

 

(4)       That authority be delegated to the Section 151 officer in   consultation with the Leader of the Council to make any         necessary amendments to the Business Rates estimate arising             from the completion of the 2020-21 NDR1 form and to include the          amended figures in the 2020-21 Budget papers for Council.

 

ACTION:       Director of Finance

 

Overview and Scrutiny Committee: Corporate

 

 

EDUCATION, EMPLOYMENT AND SKILLS PORTFOLIO & DEPUTY LEADER

(Councillor I Khan)

69.

SPECIAL EDUCATIONAL NEEDS AND DISABILITY REFORMS pdf icon PDF 108 KB

The Strategic Director Children’s Services will submit a report

(Document “AJ”) which provides an overview to the Executive of the developments and progress made on the delivery of the SEND reforms and the current risks and areas for development pending the imminent SEND Local Area Inspection.

 

Recommended -

 

That the Executive note the contents of Document “AJ” and supports the delivery of the action plan.

 

(Children’s Services Overview & Scrutiny Committee)

 

(Marium Haque – 01274 431078)

Additional documents:

Minutes:

The Strategic Director Children’s Services submitted a report

(Document “AJ”) which provided an overview to the Executive of the developments and progress made on the delivery of the SEND reforms and the current risks and areas for development pending the imminent SEND Local Area Inspection.

 

The Strategic Director explained that the Service was due an Inspection any time now, so this work was crucial in preparation for that Inspection. Good progress had been made but this work was on going.

 

The Leader in welcoming the report and the actions that had been taken by the Service, acknowledged that further work was required.

 

A Councillor was present at the meeting and he urged that in relation to capturing the voice of the child and young people with SEND, parental engagement and feedback with the outlying areas of the district were given due consideration.  In addition better advice was needed on how personal budgets should be spent. In response it was stated that in relation to parental engagement, a model to ensure there was wider engagement would be looked at as well as improved advice on personal budgets.

 

The Education, Employment and Skills Portfolio Holder stressed that there was a recognition that there was a problem with aspects of the Service and much work had been done to turn the Service around.  He also acknowledged that the meetings with Ofsted had been fruitful , with a recognition by them of the progress made.

 

Resolved -

 

That the contents of Document “AJ” be noted and that the delivery of the action plan be supported.

 

ACTION: Strategic Director Children’s Services

 

(Children’s Services Overview & Scrutiny Committee)

 

70.

OFSTED MONITORING VISIT 16 TO 17 OCTOBER 2019 pdf icon PDF 129 KB

The Strategic Director Children’s Services will submit a report

(Document “AK” ) which provides Executive with a progress update in respect of improvements identified within the Ofsted Improvement Plan, namely:

 

1.         Ofsted October 2019 monitoring visit outcome, progress and continued      challenge.

 

2.         Programme approach, planning and identified projects in Phase One         for innovation and improvement.

 

Recommended –

 

That Executive notes the contents of Document “AK”

 

Overview and Scrutiny Committee: Children’s Services

 

(Irfan Alam - 01274 432904)

Additional documents:

Minutes:

The Strategic Director Children’s Services submitted a report

(Document “AK”) which provided Executive with a progress update in respect of improvements identified within the Ofsted Improvement Plan, namely:

 

1.         Ofsted October 2019 monitoring visit outcome, progress and             continued challenge.

 

2.         Programme approach, planning and identified projects in Phase     One for innovation and improvement.

 

The Strategic Director stated that the letter indicated areas of strength and that it was a positive platform from which to build on.  He alluded to the reformed structure within the Service and that a more coherent approach was now in place for children moving through the system.  The plan in place going forward was recognised by Ofsted as being sufficiently robust and some good social work practice being seen.

 

It was highlighted that the next monitoring visit would be at the end of February, with two further monitoring visits planned thereafter, with a full inspection expected late 2020/2021.

 

The Leader welcomed the progress made by the service.

 

A Unite Union representative was present at the meeting and stated that the service lacked resilience to make the necessary changes; that staff morale was low, working conditions were poor and that there was a feeling that nothing would change despite changes in management; that Unions were kept in the dark and that there were failings on a number of fronts.

 

In response to a question on recruitment and retention, it was stressed that there needed to be a period of stability and less reliance on agency staff and all the signs were that forthcoming recruitments would yield positive results.

The Strategic Director added that recruitment and retention of Social Workers was a national issue.

 

The Children and Families Portfolio Holder stated the following the visit by Ofsted, the overall picture of the services to children in Bradford was an improving one; however it was acknowledged that this was very much an improvement journey and challenges remained.  In addition the pressure in terms of  the numbers of looked after children remained and it was important to ensure that the voice of the child was central to our approach.

 

Resolved–

 

That the contents of Document “AK” be noted.

 

ACTION: Strategic Director Children’s Services

 

Overview and Scrutiny Committee: Children’s Services

 

 

REGENERATION, PLANNING & TRANSPORT PORTFOLIO

(Councillor Ross-Shaw)

71.

BLUE BADGE RESIDENTIAL PARKING POLICY pdf icon PDF 158 KB

The Strategic Director Place will submit a report (Document “AL”) which seeks approval for a policy on the implementation of Blue Badge parking places on residential streets.

 

Recommended –

 

That the Executive approves a new policy for the provision of Blue Badge residential parking places as detailed in Appendix 1 to Document “AL”. 

 

Overview and Scrutiny Committee: Corporate

 

(Richard Gelder - 01274 437603)

Minutes:

The Strategic Director Place submitted a report (Document “AL”) which sought approval for a policy on the implementation of the Blue Badge parking places on residential streets.

 

The Principal Highways Engineer explained that the existing policy was dated, Area Committee based and given the number of applications coming forward, there was a need for a more flexible appraoch, hence a revised policy approach was being suggested which would free up Area Committee time and dealt with at officer level with Portfolio Holder oversight.

 

Area Committee Chairs had been widely consulted on the proposals and there was a consensus that the process needed to change.

 

The Regeneration, Planning and Transport Portfolio Holder stated that he welcomed the proposed changes and that the process for dealing with Blue Badge applications would be speeded up considerably.

 

In response to a question from a Councillor regarding disabled parking bays and when they were no longer required, it was stated that the Council needed to be made aware of any changes and he encouraged that reporting of disused bays is communicated to the Highways Service.

 

Resolved –

 

That the new policy for the provision of Blue Badge residential parking places as detailed in Appendix 1 to Document “AL” be approved. 

 

ACTION: Strategic Director Place

 

Overview and Scrutiny Committee: Corporate

 

 

72.

BRADFORD SHIPLEY ROUTE IMPROVEMENT SCHEME WEST YORKSHIRE PLUS TRANSPORT FUND PROJECT pdf icon PDF 466 KB

 

Following the West Yorkshire Combined Authorities approval of the Outline Business Case (OBC) submission for the Bradford Shipley Route Improvement Scheme in December 2019 The report of the Strategic Director Place (Document “AM”) seeks:

 

(1)       Executive’s approval to the principles of the Bradford Shipley Route           Improvement Scheme for two of the presented scheme options in the             OBC:

 

            (i)         Option 1 – Preferred Option “with” new Valley Road Railway                                     Bridge (Appendix A)

 

            (ii)        Option 2 – Preferred Option “without” new Valley Road Railway                   bridge (Appendix B)

 

(2)       Approval to make contact with land owners / affected parties to explore      the extents to which it may be possible to acquire land and rights        needed for the scheme through voluntary negotiation.

 

Recommended –

 

That the Executive resolve as follows:

 

(1)       Support and approve proposals described in both of the preferred       “with” and “without” new Valley Road railway bridge options as    the preferred approach to the delivery of the Bradford Shipley          Route Improvement Scheme agreed by the West Yorkshire         Combined Authority’s Outline Business Case submission      approval.

 

(2)       That the Executive approves making contact with land owners /            affected parties to explore the extents to which it may be possible       to acquire land and rights needed for the scheme through     voluntary negotiation.

 

(3)       That a further Report is presented to the Executive on the           outcome of preliminary enquires with landowners and affected          parties, along with recommendations on whether it may be          necessary to rely on the use of compulsory purchase powers to           support the scheme.

 

Overview and Scrutiny Committee: Regeneration and Environment

 

(Richard Gelder – 01274 437603)

 

Additional documents:

Minutes:

Following the West Yorkshire Combined Authorities approval of the Outline Business Case (OBC) submission for the Bradford Shipley Route Improvement Scheme in December 2019, the report of the Strategic Director Place (Document “AM”) sought:

 

(1)       Executive’s approval to the principles of the Bradford Shipley           Route             Improvement Scheme for two of the presented scheme           options in the OBC:

 

            (i)         Option 1 – Preferred Option “with” new Valley Road                                        Railway Bridge (Appendix A)

 

            (ii)        Option 2 – Preferred Option “without” new Valley Road                                  Railway bridge (Appendix B)

 

(2)       Approval to make contact with land owners / affected parties to         explore the extents to which it may be possible to acquire land   and rights needed for the scheme through voluntary negotiation.

 

The Assistant Director gave a PowerPoint presentation setting out the main thrust of the proposals and the benefits that would accrue from the project, including improved journey times as well as environmental benefits through the re-naturalisation of Bradford Beck.

 

The Chair of the Friends of Bradford Beck was present at the meeting and welcomed the proposals to open up the Beck, stating that this had taken many years to come to fruition.  He added that the beck was an asset to the city and he cautioned against over engineering the project.

 

The Regeneration, Planning and Transport Portfolio Holder welcomed the proposals to open up the Beck, adding that this was a wide ranging scheme which would create a major boost for the area. 

 

Resolved –

 

(1)       That the proposals described in both of the preferred “with” and         “without” new Valley Road railway bridge options as the preferred            approach to the delivery of the Bradford Shipley Route             Improvement Scheme agreed by the West Yorkshire Combined             Authority’s Outline Business Case submission approval be      supported and approved.

 

(2)       That making contact with land owners / affected parties to explore the extent to which it may be possible to acquire land and rights needed for the scheme through voluntary negotiation be approved.

 

(3)       That a further report be presented to the Executive on the           outcome of preliminary enquiries with landowners and affected         parties, along with recommendations on whether it may be          necessary to rely on the use of compulsory purchase powers to          support the scheme.

 

ACTION: Strategic Director Place

Overview and Scrutiny Committee: Regeneration and Environment

 

 

HEALTHY PEOPLE AND PLACES PORTFOLIO

(Councillor Ferriby)

73.

BEREAVEMENT SERVICES STRATEGY - CREMATORIA PROVISION UPDATE pdf icon PDF 1 MB

The Strategic Director Place will submit a report (Document “AN”) which seeks approvals to proceed with the second proposed new District crematorium at Bierley and the making of a Compulsory Purchase Order for use if required to acquire the land.

 

Recommended –

 

That the Executive approves the following recommendations -

 

(1)       To delegate approval of spend to the Strategic Director, Place in           consultation with the S151 officer  for the construction of the          second new crematorium within Bierley at a cost of £10.5m           subject to land acquisition and planning permission.

 

(2)       That the Executive is satisfied that the proposed development   scheme to construct the Crematorium is in the public interest and       that any harm caused by the use of compulsory purchase powers   to acquire and interfere with third party land and rights needed for        the scheme is outweighed by the public benefits which the    Crematorium development scheme is likely to generate,

 

(3)       To agree in principle to a Compulsory Purchase Order being      made  pursuant to Section 226(1)(a) of the Town and Country       Planning Act 1990 (as amended by Section 99 of the Planning and           Compulsory Purchase Act 2004), Section 1 of the Localism Act 2011 and the Acquisition of Land Act 1981 and all other relevant             and enabling powers, to secure the compulsory acquisition of the    land shown edged red on the plan appended hereto in order to             facilitate the construction of the proposed Crematoria subject to a        final decision being taken jointly by the Strategic Director : Place            and the Strategic Director: Corporate Resources , in consultation        with appropriate Portfolio Holders as necessary, on whether to             make and submit the Compulsory Purchase Order to the             Secretary of State for Housing, Communities and Local         Government for confirmation, if satisfied that the Council has             properly taken into account the statutory requirements under    human rights and public sector equality legislation           

 

(4)       To further delegate to the Strategic Director: Place and the          Strategic Director: Corporate Resources, in consultation with as       necessary appropriate Portfolio Holders authority to:-

 

(i)            make any necessary amendments to the Compulsory Purchase            Order prior to the Compulsory Purchase Order being submitted   for confirmation.

 

(ii)          modify and settle the draft “Statements of Reasons” to justify the         use of compulsory purchase powers, the Compulsory Purchase Order Map and all other legal documentation necessary to support and accompany the Compulsory Purchase Orders to the Secretary of State for Housing, Communities and Local Government for confirmation;

 

            promote any modifications to the Compulsory Purchase Order, if          expedient to do so;

 

(iii)         approve agreements for withdrawal of any objections to the Compulsory Purchase Order, including where appropriate, seeking exclusion of land from the Compulsory Purchase Order;

 

(iv)         confirm the Compulsory Purchase Order, if satisfied that it is appropriate to do so, in the event that the Secretary of State for Housing, Communities and Local Government is satisfied that there are no objections to the Compulsory Purchase Order and has empowered the Council to decide on whether or not to confirm the Compulsory Purchase Order without  ...  view the full agenda text for item 73.

Minutes:

The Strategic Director Place submitted a report (Document “AN”) which sought approvals to proceed with the second proposed new district crematorium at Bierley, and the making of a Compulsory Purchase Order for use if required to acquire the land.

 

The Assistant City Solicitor confirmed that any CPO process would only be initiated, if negotiations to secure the land failed.

 

The Health People and Places Portfolio Holder thanked officers for their hard work on securing suitable sites for the crematoria and thanked the Friends of Littlemoor Park for their engagement with the Council, confirming that Littlemoor was no longer considered a viable site.

 

Resolved –

 

(1)       That approval of spend be delegated to the Strategic Director,   Place in consultation with the S151 officer  for the    construction of       the second new crematorium within Bierley at a cost of £10.5m      subject to land acquisition and planning permission.

 

(2)       That the Executive is satisfied that the proposed development   scheme to construct the Crematorium is in the public interest and       that any harm caused by the use of compulsory purchase powers   to acquire and interfere with third party land and rights needed for        the scheme is outweighed by the public benefits which the    Crematorium development scheme is likely to generate,

 

(3)       To agree in principle to a Compulsory Purchase Order being made      pursuant to Section 226(1)(a) of the Town and Country Planning             Act 1990 (as amended by Section 99 of the Planning and           Compulsory Purchase Act 2004), Section 1 of the Localism Act 2011 and the Acquisition of Land Act 1981 and all other relevant             and enabling powers, to secure the compulsory acquisition of the    land shown edged red on the plan appended hereto in order to             facilitate the construction of the proposed Crematoria subject to a        final decision being taken jointly by the Strategic Director : Place            and the Strategic Director: Corporate Resources , in consultation        with appropriate Portfolio Holders as necessary, on whether to             make and submit the Compulsory Purchase Order to the             Secretary of State for Housing, Communities and Local         Government for confirmation, if satisfied that the Council has             properly taken into account the statutory requirements under    human rights and public sector equality legislation           

 

(4)       To further delegate to the Strategic Director Place and the           Strategic Director Corporate Resources, in consultation         with as           necessary appropriate Portfolio Holders authority to:-

 

(i)            make any necessary amendments to the Compulsory Purchase Order prior to the Compulsory Purchase Order being submitted for confirmation.

 

(ii)          modify and settle the draft “Statements of Reasons” to justify the use of compulsory purchase powers, the Compulsory Purchase Order Map and all other legal documentation necessary to support and accompany the Compulsory Purchase Orders to the Secretary of State for Housing, Communities and Local Government for confirmation;

 

            promote any modifications to the Compulsory Purchase              Order, if expedient to do so;

 

(iii)         approve agreements for withdrawal of any objections to the Compulsory Purchase Order, including where appropriate, seeking exclusion of land from the Compulsory Purchase Order;

 

(iv)         confirm the  ...  view the full minutes text for item 73.

74.

BRADFORD DISTRICT'S PLAYABLE SPACES STRATEGY AND INVESTMENT PROGRAMME pdf icon PDF 3 MB

The Strategic Director of Place will submit a report (Document “AO”) which sets out the District’s emerging Playable Spaces Strategy and Investment Programme which also seeks approval for the immediate refurbishment of the Play Area at Lister Park.

 

Recommended –

 

That the Executive approves the following recommendations:

 

(1)       To approve the key principles (as referenced in Section 2.4  to Document “AO”) of the emerging Playable Spaces Strategyand welcome the involvement of the external partner organisations.

 

(2)       To approve in principle the current total funding programme spend of £6.4m subject only to due consideration by PAG.

 

(3)       To delegate approval of spend to the Strategic Director of Place, subject to approval from PAG, for delivery of the refurbishment of the play area at Lister Park at an estimated cost of £650,000.

Overview and Scrutiny Committee: Regeneration and Environment

(Phil Barker - 01274 432616)

 

Minutes:

The Strategic Director Place submitted a report (Document “AO”) which set out the District’s emerging Playable Spaces Strategy and Investment Programme which also sought approval for the immediate refurbishment of the Play Area at Lister Park.

 

A Queensbury Ward Councillor was present at the meeting and stressed that the £650k spend earmarked for Lister Park equated to 10% of the budget and he ascertained how the remaining budget would be spent.

 

A Ilkley Ward Councillor urged officers to assess usage and also look at accessibility of play areas.

 

The Assistant Director Sports and Culture stated that this was only the start of a process and there may be an opportunity to tap into other sources of funding.

 

The Healthy People and Place Portfolio Holder in welcoming the Play Strategy thanked officers for their work, adding that the investment in Lister Park was much needed and very welcomed.

 

Resolved –

 

(1)       That the key principles (as referenced in Section 2.4  to Document “AO”) of the emerging Playable Spaces Strategybe approved and that the involvement of the external partner organisations be welcomed.

 

(2)       That the current total funding programme spend of £6.4m be approved in principle subject only to due consideration by PAG.

 

(3)       That approval of spend be delegated to the Strategic Director of Place, subject to approval from PAG, for delivery of the refurbishment of the play area at Lister Park at an estimated cost of £650,000.

ACTION: Strategic Director Place

Overview and Scrutiny Committee: Regeneration and Environment