14.       THE COUNCIL’S ON-GOING EMERGENCY RESPONSE TO COVID 19

Decision –

Recommended

(1)       That Executive note the content of this report and the significant          action that the Council, its partners and our communities and        volunteers are taking in order to combat COVID-19, keep our most vulnerable residents safe and well, make sure everyone gets the           support they need and help our businesses and workforce to        remain resilient.

(2)       That the Executive puts on record its thanks and appreciation to          Council staff for their on-going efforts to address the emergency   and urges all staff to take the appropriate measures to stay safe       and w ell and to minimise the spread of the virus.

(Kersten England – Chief Executive)

Recommended –

That the public be excluded from the meeting during the discussion of  Not for Publication Appendices A and B to Document “BK” on the grounds that it is likely, in view of the nature of the proceedings, that if they were present, exempt information within paragraph 3 (financial or business affairs) of Schedule 12A of the Local Government Act 1972 (as amended) would be disclosed and it is considered that, in all the circumstances, the public interest in allowing the public to remain is outweighed by the public interest in excluding public access to the relevant part of the proceedings for the following reasons:

It is in the public interest in maintaining these exemptions because it is in the overriding interest of proper administration that Members are made fully aware of the financial and legal implications of any decision.

(Jill Bell – 01274 434580)

Recommended –

That the public be excluded from the meeting during the discussion of  Not for Publication Appendix C to Document “BJ” on the grounds that it is likely, in view of the nature of the proceedings, that if they were present, exempt information within paragraph 3 (financial or business affairs) of Schedule 12A of the Local Government Act 1972 (as amended) would be disclosed and it is considered that, in all the circumstances, the public interest in allowing the public to remain is outweighed by the public interest in excluding public access to the relevant part of the proceedings for the following reasons:

It is in the public interest in maintaining these exemptions because it is in the overriding interest of proper administration that Members are made fully aware of the financial and legal implications of any decision.

(Jill Bell – 01274 434580)

Recommended –

The Executive is asked to note the contents of Document “BM”.

(Mark Douglas – 01274 431266)

Recommended –

That the Chief Executive approves the revised Capital and Investment Strategy 2020-21 with the attached Appendices and Tables contained in Document “BI”.

Corporate Overview and Scrutiny Committee

(Chris Chapman – 01274 433656)

Recommended –

That the Executive

(1)       Note the contents of Document “BH” and the actions taken to manage the issues highlighted in the report.

(2)       Approve the following capital expenditure schemes as set out at paragraph 11.8 of this report.

·         £0.433m to extend the fitness facilities at Bowling Pool. This will be funded by the additional income generated through increased membership.

Corporate Overview and Scrutiny Committee

(Andrew Cross - 01274 436823)

Recommended -

(1)       That the Council adopts the vision and library model for 2020-25 and delegates to the Strategic Director of Place to implement the delivery and development of the model for the future.

(2)       That delegated authority be given to the Strategic Director Place to arrange for further consultation to be undertaken as required as proposals affecting individual libraries are developed.

Regeneration and Environment Overview & Scrutiny Committee

                                                                        (Phil Barker – 01274 432616)

Recommended -

(1)       That the Executive approve the following recommendations:

(2)       That the Executive is satisfied that at this stage there is little or no prospect of the land and rights being acquired through voluntary means, that the proposed Bradford to Shipley Route Improvement Scheme 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 improvement  scheme will generate, having also taken into account at this stage, the Council`s statutory obligations under the Equality Act 2010 in relation to the differential impact a Compulsory Purchase Order might have on various groups of persons with protected different characteristics;

(3)       That in principle, the following Orders be made -

a)            The City of Bradford Metropolitan District Council (Bradford to Shipley Route Corridor) (Improvement Scheme) Compulsory Purchase Order 2020, pursuant to Sections 239, 240, 246, 250 and 260 of the Highways Act 1980; and Section 40 of the Road Traffic Regulation Act 1984 and Section 2 of the Acquisition of Land Act 1981 for the purpose of relieving or preventing congestion of traffic by providing off-street parking places together with means of entrance to and egress from them and Section 1 of the Localism Act 2011 and all other relevant and enabling powers to secure the compulsory acquisition of the land and rights needed to promote the scheme within the land shown edged red on the plan annexed hereto and displayed at the Executive and marked (Not for publication Appendix A) and as the case may be, the additional land shown edged red on the plan annexed hereto and displayed at the Executive and marked (Not for publication Appendix B).

b)            The City of Bradford Metropolitan District Council (Bradford to Shipley Route Corridor) (Improvement Scheme) (Side Roads) Order 2020, pursuant to Sections 14 and 125 of the Highways Act 1980.

(4)       That the Strategic Director: Place in consultation with the Portfolio Holder for Regeneration, Planning and Transport be granted delegated authority to:

            a)         Determine whether and the extent to which a CPO and Side Roads Order need to be made and submitted to the Secretary of State for Transport for confirmation, subject to being satisfied that there is sufficient justification to support the making of a CPO and Side Roads Order and that there is evidence that due diligence and governance has been correctly followed and observed in complying with all relevant statutory procedures, including but not limited to the Council’s statutory duties and obligations under human rights and public sector equality legislation;

            b)        vary and determine the exact statutory powers to make the CPO and Side Roads Order and if necessary, to make minor or technical amendments to each of the Orders to determine and settle the extent of the land needed to be included in the CPO and the extent of any associated highway alterations in the Side Roads Order, including varying and finalising the exact CPO boundary and highway alterations to be placed in the Side Roads Order;

            c)        modify and settle the draft “Statement of Reasons” to justify the use of compulsory purchase powers, the CPO Map and CPO Schedule and all other legal documentation necessary to support and accompany the CPO and Side Roads Order to the Secretary of State for Transport for confirmation;

            d)                    authorise if necessary, an application to be made to the Secretary of State for Housing, Communities and Local Government pursuant to Section 19: Acquisition of Land Act 1981 to obtain approval to include in the CPO any additional land needed to be acquired to replace land currently used for open space recreation, allotment land and any disused burial sites and any other special kinds of land where such statutory approval is needed to replace such land being lost as a result of the scheme;

            e)        approve agreements with landowners setting out the terms for withdrawal of any objections to the CPO, including where appropriate, seeking exclusion of land from the CPO and highway alterations from the Side Roads Order;

            f)         confirm the CPO if satisfied that it is appropriate to do so, in the event that the Secretary of State for Transport notifies the Council that the Council has been given the power to confirm the CPO;

            g)        promote any modifications to the CPO and Side Roads Order, if felt expedient to do so;

            h)        take all and any necessary action, as the case may be to continue or open negotiations with persons for the acquisition of land and rights needed to facilitate the scheme and any other interests included in the CPO and any other land and rights needed for the scheme and to authorise acquisitions by agreement where the use of compulsory purchase powers is in contemplation and to approve the purchase price, advance payments and all other compensation payments;

            i)          take all necessary steps in relation to any statutory blight proceedings instituted against the Council for the acquisition of land claimed to be blighted by the threat or presence of the CPO;

            j)                      take all necessary action, should the quantum of compensation flowing from the threat or use of compulsory purchase powers be in dispute and be referred to the Upper Tribunal (Lands Chamber) or other form of arbitration;

            k)        to take and do all things necessary or incidental to the implementation of the above resolutions; and

            l)          that all land acquired for the scheme be held for highway                         purposes.

Regeneration and Environment Overview & Scrutiny Committee                                                     (Richard Gelder – 01274 437603)

Recommended -

(1)       That Bradford’s support for the formation of a Joint West Yorkshire UTMC Service be confirmed.

(2)       That subject to Leeds Council’s confirmation,  it be agreed that Leeds City Council hosts the West Yorkshire UTMC Service (which in the first instance will be based at the Joint Services building in Morley).

(3)       That the pro-rata allocation of £379,323 revenue funding from the 2020/21 UTMC budgets for the purposes of the first year’s revenue budget allocation to the joint service be approved.

(4)       That authority be delegated to the Strategic Director of Place, in consultation with the Portfolio Holder to progress all outstanding matters in order to implement the Joint West Yorkshire UTMC Service.

(5)       That the approval of the setting of annual budget for the WYUTMC service be delegated to the Assistant Director - Planning, Transportation & Highways in conjunction with the Director of Finance / Section 151 Officer as the Council’s representative on the Chief Highway Officers board in line with the provisions of Schedule 11 of the Partnership Agreement.

Regeneration and Environment Overview & Scrutiny Committee                                                                 (Richard Gelder – 01274 437603)

Recommended -

(1)       To note and endorse the Deal agreed and attached as Appendix 1 to  Document “BG”.

(2)       To agree that City of Bradford Metropolitan District Council should be party, together with the four other Constituent Councils of Calderdale, Kirklees, Leeds and Wakefield and with the Combined Authority to a review of the Combined  Authority’s constitutional arrangements and of the functions carried out by the Combined Authority over the Combined Authority’s area, as set out in paragraph 2 of this report and pursuant to S111 of the Local Democracy, Economic Development and Construction Act 2009.

(3)       That the Chief Executive, in consultation with the Chief Executive of the other Constituent Councils and the Managing Director of the Combined Authority,  carry out the Review on behalf of each Constituent Council and the Combined Authority.

(4)       That the Chief Executive, in consultation with the Chief Executive of the other Constituent Councils and the Managing Director of the Combined Authority  prepare a draft Scheme for consideration by the Constituent Councils and the Combined Authority, subject to the outcome of the Review.

(5)       To note the provisional timetable set out in Appendix 4 to this report and the next steps including, if appropriate, the submission of a summary of the consultation to the Secretary of State by the end of July 2020, so that a mayoral combined authority model and associated changes may be adopted and implemented by May 2021, as set out in the Deal.

(6)       That the Chief Executive in consultation with the Leader  take any necessary steps/decisions in the exceptional circumstances where there is disruption/cancellation of decision making Executive/Council meetings up until but not including the decision to give required consent to an Order (step 5 of para 3.4.4 to Document “BG”).

Recommended -

(1)       The Sustainable Development Action Plan (2020-2022) including its guiding principles is approved and endorsed and the Strategic Director, Corporate Resources instructed to implement its proposed actions.

(2)       The establishment of a Sustainable Development Partnership for the District and terms of reference as set out at Appendix B to Document “BF” is approved.

(3)       That the Director of Finance and Strategic Director of Corporate Services are instructed to identify appropriate resources to meet the costs associated with the communication, co-ordination and  delivery of  the Climate Action Plan in 2020-21, with a view to funding being built into the Council’s base budget requirement from April 2021.

(4)       That partners, businesses, not-for-profit and community organisations, residents and visitors be thanked for their efforts to date and encouraged to work with the Council to accelerate practical action.

(5)       That public communication and engagement are undertaken, in line with the 2040 Vision, to seek views, advice and contributions to the next version of the action plan and our shared efforts in sustainability and that partners working on UN Child Friendly status and City of Culture 2025 are requested to ensure that their engagement activity connects to climate action and environmental stewardship.
 

(6)       That effective environmental management and performance be developed including rapid and significant reduction in harmful greenhouse gas emissions.

(7)       A dedicated report on the key developments in UK environmental legislation and environmental protection be brought to the Executive in autumn 2020.

(8)       That as a matter of urgency support, training and guidance is provided to elected members, officers, suppliers, contractors and partners and citizens on taking forward sustainable development and climate action 2020-2025.

(9)       That an annual progress report be brought to the Executive.

Regeneration and Environment Overview & Scrutiny Committee                                                                 (David Walmsley – 01274 432131)

Recommended -

(1)       That the content of Document “BE” be noted, that the continued success of the Careers and Technical Education approach for young people across the district be welcomed, and that members promote it with their networks.

(2)       That the Careers and Technical Education (CTE) plan (Appendix 1 to Document “BE”) be approved and the CTE partnership core team as the single point of contact for schools and employers to engage with Careers and Technical Education Provision be supported. 

Children’s Services Overview & Scrutiny Committee                                                               (Jenny Cryer – 01274 432438)