Agenda, decisions and minutes

Apologies were received from Councillors Jacky Alty, David Howarth (Deputy Mayor), Malcolm Donoghue, Derek Forrest, Clifford Hughes, Stephen Thurlbourn and Matthew Trafford. 

Councillors Damian Bretherton, Matt Campbell, Carol Chisholm, Mary Green,  Michael Green, Jon Hesketh, Jacqueline Mort, John Rainsbury, Margaret Smith, David Suthers and Barrie Yates attended the meeting via Microsoft Teams and so was not able to participate in voting.

Members are requested to indicate at this stage in the proceedings any items on the agenda in which they intend to declare an interest. Members are reminded that if the interest is a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct) they must leave the room for the whole of that item.

If the interest is not a Disclosable Pecuniary Interest, but is such that a member of the public could reasonably regard it as being so significant that it is likely that it would prejudice their judgment of the public interest (as explained in the Code of Conduct) then they may make representations, but then must leave the meeting for the remainder of the item.

No declarations of interest were received.

Resolved: (Unanimously) That the minutes of the Council meeting held on Wednesday, 26 January 2022 be approved as a correct record.

The Mayor gave an update on her recent duties, including a Runshaw College Apprenticeship Awards ceremony and noted how impressed she had been on meeting the apprentices.

The Mayor reminded members of the spring banquet on 1 April.

To receive and consider the report of the Director of Governance and Monitoring Officer.

Noted.

Members received a report setting out a number of urgent decisions taken in accordance with urgency procedures outlined in the Council’s Constitution since the report to the last meeting of Council.

These urgent decisions include ‘key’ decisions taken by the Executive (i.e. Cabinet of Individual Executive Members) as defined in the Cabinet Forward Plan / Notice of Executive Decisions, decisions which include confidential or exempt information, and urgent decisions for which the Mayor agreed to waive scrutiny call-in.

It was proposed by the Leader of the Council, Councillor Paul Foster, seconded by the Deputy Leader of the Council, Councillor Mick Titherington, and subsequently

Resolved (unanimously) that the report be noted.

To receive and consider the report of the meeting of the Governance Committee held on 25 January.

Noted.

Members received a general report of the Governance Committee meeting held on 25 January.

Councillor Watkinson advised that, since the meeting, the Annual Audit Report had been released.  This would usually be presented to the first Governance Committee, however, Grant Thornton have a duty to report any identified weaknesses to those charged with governance promptly and did not feel it was appropriate to wait until the next meeting on 29 March.

The Report was circulated to members of the committee outside of the meeting in order to satisfy external audits duty to act promptly.  The key message being that the statutory recommendation have been lifted.  There were a total of seven recommendations, however, these improvements were already identified by the Council and have been, or were in the process of being, implemented.  Thanks was given to officers and members of the Governance Committee for their contribution to this achievement.   

Councillor Alan Ogilvie noted the audit regarding buildings and facilities management and received reassurance that all was now in place in terms of the inspection of council buildings and safety requirements across the wider estate.  Councillor Matthew Tomlinson thanked the staff involved for their work in resolving the issues identified. 

Councillor Paul Foster thanked all those involved for the unqualified value for money conclusion, given the historical issues in this area. 

It was proposed by the Chair of the Governance Committee, Councillor Ian Watkinson, seconded by the Vice Chair of the Governance Committee, Councillor Colin Sharples and subsequently

Resolved (unanimously) that the report be noted.

To receive and consider the report of the meeting of the Scrutiny Committee held on 8 February.

Noted.

Members received a general report of the Scrutiny Committee held on 8 February.

It was proposed by Councillor Karen Walton, seconded by Councillor Colin Sharples and subsequently

Resolved (unanimously) that the report be noted.

To receive and consider the report of the Director of Customer and Digital. 

1.         To adopts the new Fair Collection Charter.

2.         Delegate authority to the Executive Member (Communities, Social Justice and Wealth Building) to approve cost-neutral changes to the policy.

The Cabinet Member (Communities, Social Justice and Wealth Building), Councillor Aniela Bylinski Gelder, presented the report of the Director of Customer and Digital which proposed that a Fair Collection Charter be adopted.  The report also highlighted the measures already adopted to help financially vulnerable customers.

Adopting the measures outlined would achieve the council’s objective of taking a more ethical approach to collection including a more supportive recovery process and best practice affordability and means testing.  They would also lead to improved working relationships with debt advice partners and increased referral and intervention. 

Debt could be a determinant of wider issues and adoption of these measures would help to ensure a joined-up approach to managing residents and local businesses experiencing issues.  Where residents have no means to pay there would be no benefit in pursuing enforcement action, incurring additional costs and increasing their vulnerability impacting upon mental health, well-being and self-confidence. This could also place additional demand on public services.

It was proposed by the Cabinet Member (Communities, Social Justice and Wealth Building), Councillor Aniela Bylinski Gelder, seconded by the Leader of the Council, Councillor Paul Foster, and subsequently

Resolved (unanimously)

1.         To adopt the new Fair Collection Charter.

2.         To delegate authority to the Executive Member (Communities, Social Justice and Wealth Building) to approve cost-neutral changes to the policy.

To receive and consider the report of the Director of Customer and Digital. 

To approve the following revisions to the Council Tax Support Scheme:

a.         Removal of the baseline Council Tax charge of £3.50 per week for working age claimants in receipt of:

o     Universal Credit and some level of earnings or non-disregarded other income

o     Other low-income groups not receiving Universal Credit nor a passported benefit

b.      The revised scheme is approved with effect from 1 April 2022.

The Cabinet Member (Communities, Social Justice and Wealth Building), Councillor Aniela Bylinski Gelder, presented the report of the Director of Customer and Digital which set out proposals to change the South Ribble Council Tax Support Scheme from 1 April 2022.

Having consulted on the scheme, the proposal aimed to make the scheme fairer and simpler for residents, and more focused to support the households most in need.  This complimented the findings from the Scrutiny Review of Health Inequalities by demonstrating the Council’s continued commitment to supporting the most vulnerable households and taking steps to improve the mental health and wellbeing of residents.  Consultation with precepting authorities on proposed changes to the scheme was statutory.

Members debated the proposal and differing opinions were raised, both that the changes were the right thing to do and alternatively, that policies were already in place. 

It was proposed by the Cabinet Member (Communities, Social Justice and Wealth Building), Councillor Aniela Bylinski Gelder, seconded by the Leader of the Council, Councillor Paul Foster, and subsequently

Resolved (by majority 23:0:9)

To approve the following revisions to the Council Tax Support Scheme:

a.         Removal of the baseline Council Tax charge of £3.50 per week for working age claimants in receipt of:

o     Universal Credit and some level of earnings or non-disregarded other income

o     Other low-income groups not receiving Universal Credit nor a passported benefit

b.      The revised scheme is approved with effect from 1 April 2022.

For: Councillors Will Adams, Renee Blow, Jane Bell (Mayor), Aniela Bylinski Gelder, Bill Evans, James Flannery, Paul Foster, Harry Hancock, Mick Higgins, Clare Hunter, Susan Jones, Chris Lomax, Keith Martin, Colin Sharples, David Shaw, Mick Titherington, Caleb Tomlinson, Matthew Tomlinson, Angela Turner, Kath Unsworth, Ian Watkinson, Paul Wharton-Hardman and Carol Wooldridge

Abstain: Councillors Julie Buttery, Colin Coulton, Jim Marsh, Caroline Moon, Peter Mullineaux, Alan Ogilvie, Phil Smith, Karen Walton and Gareth Watson.

To receive and consider the report of the Director of Governance and Monitoring Officer.

Noted.

Members received a report from the Chief Executive which informed members of the outcome of the claim brought by Heather McManus against South Ribble Borough Council, Councillors Paul Foster and Michael Titherington. 

Councillor Foster thanked members and officers for their support during what had been a difficult time, both for the council and personally for a number of members. 

In terms of the Whistleblowing Claim it was found that the protected disclosure was not the principal reason for the dismissal and/ or the alleged detriments. As a result, this head of claim, and the claims against Councillors Foster and Titherington failed.

The Tribunal found that the decision to dismiss was fair and lawful and the claim for unfair dismissal was dismissed.

The Tribunal considered the summary dismissal and whether contractual notice should have been provided following dismissal. They found that the evidence provided did not support departing from the recommendation of the Independent Investigator to provide contractual notice.  However, the period to be used was limited to the balance of notice remaining following the claimant’s resignation, a period of 41 days.

A number of members commented on the report, including Councillors David Shaw, Karen Walton and Michael Titherington. 

It was proposed by the Leader of the Council, Councillor Paul Foster, seconded by the Deputy Leader of the Council, Councillor Mick Titherington, and subsequently

Resolved (unanimously) that the report be noted.

To receive and consider the report of the Deputy Chief Executive. 

1.         To approve the principles for the shared services relationship with Chorley Council set out at paragraph 23.

2.         To approve that the approach to the future development of shared services set out at paragraph 24.

3.         To approve the creation of a Strategic Lead (Future Investments) as a shared post.

4.         To approve the creation of a Director of Change and Delivery as a shared post.

5.         To approve for consultation the creation of a permanent shared arrangement for development projects, with authority delegated to the Leader to approve the final arrangements.

6.         To approve for consultation the creation of a shared pest control service, with authority delegated to the Leader to approve the final arrangements.

7.         To adjust the membership of the Shared Services Joint Appointments Panel to include one additional Cabinet Member from each council, in recognition of the central role that shared services now plays in the appointment of Chief Officers.

The Leader of the Council, Councillor Paul Foster, presented the report of the Deputy Chief Executive which set out the options and proposals for the future development of the councils’ shared services relationship.  The proposals were endorsed by a majority of the Shared Services Joint Committee at an informal meeting on 10 February.

Members noted that the inclusion of an Executive Member on the Shared Services Joint Appointments Panel was not subject to political balance rules. 

It was proposed by the Leader of the Council, Councillor Paul Foster, seconded by the Executive Member (Finance, Property and Assets), Councillor Matthew Tomlinson, and subsequently Resolved (unanimously)

1.         To approve the principles for the shared services relationship with Chorley Council set out at paragraph 23.

2.         To approve that the approach to the future development of shared services set out at paragraph 24.

3.         To approve the creation of a Strategic Lead (Future Investments) as a shared post.

4.         To approve the creation of a Director of Change and Delivery as a shared post.

5.         To approve for consultation the creation of a permanent shared arrangement for development projects, with authority delegated to the Leader to approve the final arrangements.

6.         To approve for consultation the creation of a shared pest control service, with authority delegated to the Leader to approve the final arrangements.

7.         To adjust the membership of the Shared Services Joint Appointments Panel to include one additional Cabinet Member from each council, in recognition of the central role that shared services now plays in the appointment of Chief Officers.

To seek approval to recommendations from the Executive contained in the attached report of the Chief Finance Officer (Introduced by the Cabinet Member (Finance, Property and Assets)) and within the appendices listed below.

a)      Approve the budget and proposals set out in this report, including the level of Council Tax as set out in the Formal Council Tax Resolution, including Parish Precepts, for 2022/23, at Appendix A;

b)      Note the advice of the Chief Finance Officer in relation to the robustness of the estimates within the overall budget, including the risks contained within it and the adequacy of the proposed level of financial reserves, as set out in the Statutory Report at Appendices B1 – B3;

c)      Approve the council’s Medium-Term Financial Strategy (MTFS) at Appendix C;

d)      Note the council’s forecast Cumulative Budget Deficit and Budget Strategy 2021-22 to 2024-25 at Appendix D;

e)      Note the analysis of the movement in the 2022/23 Budget from the position approved by Council in February 2021 at Appendix E;

f)       Approve the capital programme for 2021/22 to 2024/25 (Appendices F1, F2 & F3);

g)      Approve the Capital Strategy at Appendix G;

h)      Approve the Treasury Management Strategy at Appendix H and note the advice of the treasury management consultants at Appendix H1;

i)       Approve the council’s Pay Policy at Appendix I for publication on the council’s website from April 2022;

j)       Note the budget consultation 2022/23 Report at Appendix J;

k)      Note the Assessing the Impact of Budget Proposals 2022/23 Report at Appendix K.

The Mayor advised that one vote would cover the Budget, Council Tax setting and all other issues covered within the report and appendices.

The Executive Member (Finance, Property and Assets), Councillor Matthew Tomlinson, presented the Cabinet’s Budget Strategy and proposals for the Revenue Budget 2022/23, together with the Medium Term Financial Strategy (MTFS) and Capital Programme for 2022-2025. 

Councillor Tomlinson thanked the Labour and Liberal Democratic Groups and officers for their hard work and input into the proposed budget.

Councillor Tomlinson referred to the achievements of the council since the administration took control and the plans within the Corporate Strategy which would be delivered by the proposed budget, including a freeze on council tax in 2022/23. 

The proposals included a freeze on council tax in 2023/24 and a 1.99% increase in council tax in 2024/25, although these proposals would be revisited each year as part of the budget setting process and be dependent upon the outcome of the government’s reviews of both the future funding framework and the future distribution of funding between councils.

Councillor Tomlinson explained that proposals set out a balanced budget for 2022/23 and, based on current assumptions, forecasts deficits of £0.619m for 2023/24 and £0.732m for 2024/25.  However, the council was ambitious in its approach to meeting the budget deficit through generating efficiency savings, such as those already realised through shared services, and additional income generated through investments within the borough.

The council was expanding its capital programme with large scale investments included in the budget over the coming three years.

The proposals ensure the objectives of the council’s Corporate Strategy priorities would be met;

An exemplary council – continue to work with our residents to address climate change and achieve our commitment of being a carbon neutral council by 2030

Thriving communities – providing support and grants for businesses and developing our approach to apprenticeships, graduate and training posts in areas of high market demand and supporting people into high quality employment;

A fair local economy that works for everyone – investing in our local play and community facilities, supporting the delivery of affordable homes and improving our leisure centres;

Good homes, green spaces, healthy places - making improvements across the Borough, supporting our young people, health and wellbeing and local areas

The Leader of the Opposition, Councillor Karen Walton, explained that the Conservative Group had prepared a statement regarding the proposed budget.  On behalf of the Group she thanked the staff at the council and the residents of the borough for their contributions during a difficult time.  The Conservative Group were supportive of the proposal for 0% council tax increase and some of the proposals, but expressed concern regarding the level of debt being taken on.  Councillor Walton requested a copy of the letter received by the council from Michael Gove.  Councillor Michael Green echoed some of the comments made by Councillor Walton.

Several members spoke in favour of the proposals, including Councillors Ange Turner, Will Adams, Keith Martin, Aniela Bylinski Gelder, Michael Titherington  ...  view the full minutes text for item 110.

To receive and consider the report of the Chief Executive. 

To approve the proposals for the recruitment for a new Chief Executive.

The Leader of the Council, Councillor Paul Foster, presented the report of the Chief Executive which set out proposals for the recruitment of a new Chief Executive.

The decision was necessary to ensure continuity of delivery of the role Chief Executive/Head of Paid Service.

As a shared post, the Shared Services Appointment Panel would be responsible for undertaking the recruitment and making a recommendation to the full council meetings for an appointment.  It was intended that in the first instance that the post would be advertised internally with external recruitment undertaken if an internal appointment was not made.  The recruitment process would be supported by an external advisor (such as North West Employers).

Members debated the proposal and expressed differing views, that the post should be advertised internally first, or alternatively, go straight out to the external market at the same time.  Councillors Michael Titherington, Karen Walton, Phil Smith, Michael Green, David Shaw, Caleb Tomlinson, Ange Turner and Will Adams spoke during the debate. 

It was proposed by the Leader of the Council, Councillor Paul Foster, seconded by the Deputy Leader of the Council, Councillor Mick Titherington, and subsequently Resolved (by majority 23:9:0)

To approve the proposals for the recruitment for a new Chief Executive.

For: Councillors Will Adams, Renee Blow, Jane Bell (Mayor), Aniela Bylinski Gelder, Bill Evans, James Flannery, Paul Foster, Harry Hancock, Mick Higgins, Clare Hunter, Susan Jones, Chris Lomax, Keith Martin, Colin Sharples, David Shaw, Mick Titherington, Caleb Tomlinson, Matthew Tomlinson, Angela Turner, Kath Unsworth, Ian Watkinson, Paul Wharton-Hardman and Carol Wooldridge

Against: Councillors Julie Buttery, Colin Coulton, Jim Marsh, Caroline Moon, Peter Mullineaux, Alan Ogilvie, Phil Smith, Karen Walton and Gareth Watson.

There were no questions to the Leader of the Council.

There were no questions to Cabinet Members.

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and  3 of Part 1 of Schedule 12A to the Local Government Act 1972.

By Virtue of Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Condition:

Information is not exempt if it is required to be registered under-

The Companies Act 1985

The Friendly Societies Act 1974

The Friendly Societies Act 1992

The Industrial and Provident Societies Acts 1965 to 1978

The Building Societies Act 1986 (recorded in the public file of any building society, within the meaning of the Act)

The Charities Act 1993

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

Approved.

The Leader of the Council, Councillor Paul Foster proposed, the Cabinet Member (Health and Wellbeing), Councillor Mick Titherington seconded, and subsequently

Resolved (unanimously)

That the press and public be excluded from the meeting for the following item of business on the grounds that it involves the disclosure of exempt information as defined by paragraph 3 of Part 1 of schedule 12A to the Local Government Act.

To receive and consider the report of the Director of Commercial. 

1.         To approve the funds allocation from the Council to deliver the Leyland Town Deal Scheme as set out at Table 4.

2.         To approve a further budget of £32,104,973 to deliver the Leyland Town Deal scheme to take the total overall budget including grant and match funding to £38,001,937. The breakdown of the funding is detailed in Table 4.

3.         To acknowledge that whilst the funds allocation does require some borrowing by SRBC to deliver the scheme, it is intended that further future CIL receipts or other funding opportunities would be used to offset any borrowing.

4.         To approve a commitment to delivery of the scheme through the submission of the business case.

5.         To acknowledge that an update on the funding profile / opportunities and further details on the revenue model will be brought to Members as the scheme progresses.

6.         To acknowledge that the scheme put forward has been approved by the town Deal Board and that the public realm works will be phased and delivered last in the programme to identify options for changes in the scope that align with the financial commitment of the Council,

7.         To acknowledge that the business case will be approved by the Leader, Section 151 Officer and Town Deal Chair prior to submission.

8.         To delegate to the Director of Finance to investigate and action as appropriate options around ‘Opting to Tax’ on the relevant properties to ensure the Council remains within VAT exemption limits.

The Cabinet Member Planning, Business Support and Regeneration), Councillor Bill Evans, presented the confidential report of the Director of Commercial. 

The report provided an update on the latest position of the Business Cases related to Leyland Town Deal and noted the pressing pre-delivery programme associated for Leyland Town Deal Funding and the required Business Case submissions for the project of 24 March 2022.

Members debated the proposals and noted this was a once in a lifetime opportunity.  Complex negotiations were ongoing and thanks was given to the officers involved and the Town Board.

The risk and governance arrangements, acquisition of land, the financing of the different elements were discussed.  Regular updates would be provided to members as the Town Deal progresses and individual procurements would be considered by the Executive.

Councillors Paul Foster, David Shaw, Phil Smith, Alan Ogilvie, Caroline Moon, Ange Turner and Michael Titherington contributed to the debate.  

It was proposed by the Cabinet Member Planning, Business Support and Regeneration, Councillor Bill Evans, seconded by the Leader of the Council, Councillor Paul Foster, and subsequently

Resolved (unanimously)

1.         To approve the funds allocation from the Council to deliver the Leyland Town Deal Scheme as set out at Table 4.

2.         To approve a further budget of £32,104,973 to deliver the Leyland Town Deal scheme to take the total overall budget including grant and match funding to £38,001,937. The breakdown of the funding is detailed in Table 4.

3.         To acknowledge that whilst the funds allocation does require some borrowing by SRBC to deliver the scheme, it is intended that further future CIL receipts or other funding opportunities would be used to offset any borrowing.

4.         To approve a commitment to delivery of the scheme through the submission of the business case.

5.         To acknowledge that an update on the funding profile / opportunities and further details on the revenue model will be brought to Members as the scheme progresses.

6.         To acknowledge that the scheme put forward has been approved by the town Deal Board and that the public realm works will be phased and delivered last in the programme to identify options for changes in the scope that align with the financial commitment of the Council,

7.         To acknowledge that the business case will be approved by the Leader, Section 151 Officer and Town Deal Chair prior to submission.

8.         To delegate to the Director of Finance to investigate and action as appropriate options around ‘Opting to Tax’ on the relevant properties to ensure the Council remains within VAT exemption limits.