Agenda, decisions and minutes

To confirm the minutes of the meeting held on 30 June 2020.

The minutes of the meeting held on 30 June 2020 were confirmed as a correct record and would be signed by the Chairman in due course.

To receive any declarations of interest.

No declarations of disclosable pecuniary interests were made at the meeting.

To receive questions or statements on the business of the committee from town and parish councils and members of the public.

Please note that public speaking has been suspended during the Covid-19 crisis. Each question or statement is limited to no more than 450 words and must be electronically submitted to kate.critchel@dorsetcouncil.gov.uk by the deadline set out below. The question or statement will be read out by an officer of the Council and a response will be given by the appropriate Portfolio Holder at the meeting. All questions/statements and the responses will be published in full within the minutes of the meeting.

The deadline for submission of the full text of a question or statement is 8.30am on Thursday 23 July 2020.

Ten questions and two statements was received from the public.  These were from Sarah James (Chief Executive, the Arts Development Company), Julie-Ann Booker (Extinction Rebellion) Len Herbert, Michael Tunbridge, Bridget Joslin, Dave Warren, David Redgewell, Luke Wakeling, Paula Klaentschi and Jasmine O’Hare.

The questions (but not the preamble) were read out by John Sellgren (Executive Director for Place), Jonathan Mair (Corporate Director, Legal and Democratic Services) and David McIntosh (Corporate Director for HR & OD). A copy of the full questions, the responses and the statements are set out in Appendix 1 these minutes.

To receive any questions from members in accordance with procedure rule 13.

There were four questions from members and these along with the responses are set out in Appendix 2 to these minutes. 

To consider the Cabinet Forward Plan.

The Cabinet Forward Plan was received and it was noted that the following items would be added to the plan.

Climate and Ecological Emergency Action Plan

Leisure Services Review

Initial high level draft budget for 2021/22 and the MTFP for 2023 – 2026

To consider a report of the Portfolio Holder(s) for Corporate Development & Change and Economic Growth & Skills.

Decision

(a)       That the creation of a full business case to accelerate the deployment of full fibre and wireless / mobile connectivity predominately in the rural parts of the Dorset Council area, be supported;

(b)       That the Dorset Council budgetary commitment of up to £1m capital (from the Ringfenced Superfast Broadband budget) and revenue implementation commitment of £285k (funded from the Dorset Council Transformation fund) to leverage in external capital and commercial investment of up to £8.9m, be agreed;

(c)        That the commencement of the required public procurements be agreed;

(d)       That authority be delegated  to the portfolio holder for Corporate Development, in consultation with the Executive Director of Place, to submit a full business case, procure and award services and enter into the necessary grant agreements to deliver this programme of activity;

(d)       That the unusually short timescales involved in developing these proposals, and the importance of responding and mobilising quickly to meet delivery deadlines to facilitate economic recovery from the impacts of the Coronavirus pandemic be noted.

Reason for the Decision

To enable the business case process to be submitted, complete due diligence and to facilitate the quickest possible deployment by March 2022.

In presenting the report the Portfolio Holder for Corporate Development advised that there was one minor amendment at page 25 of the papers. The following sentence “funded from Dorset Council transformation fund” should be in the box below within the table on the page. This amendment did not change the recommendation before members.

The report related to the acceleration of existing Government funded capital projects, to generate new activity within 18 months, to help create jobs and raise overall demand in the economy.  Members were advised that the funding available was set out within the Covid Recovery Infrastructure Fund and this would be managed through Local Enterprise Partnerships (LEP). This did cause some concern due to past funding allocations from the LEP. It was important that LEP gave a fair deal to Dorset Council and it was hoped that the Dorset LEP would adopt a more strategic and whole county approach moving forward.

The business case was in rapid development for bringing multiple interventions together under one programme that would accelerate activity and close the digital connectivity gap, ensure continuing progress in Dorset in the next 18 months or so, before the next major full fibre government intervention programme began to be delivered during 2022 and beyond.

The report outlined progress to date, addressed high-level budget issues and sought to delegate decisions to enable the work to progress against very tight timescales. In proposing the recommendation, the Portfolio Holder proposed a minor amendment to recommendation (b) and this was accepted by Cabinet.

Decision

(a)       That the creation of a full business case to accelerate the deployment of full fibre and wireless / mobile connectivity predominately in the rural parts of the Dorset Council area, be supported;

(b)       That the Dorset Council budgetary commitment of up to £1m capital (from the Ringfenced Superfast Broadband budget) and revenue implementation commitment of £285k (funded from the Dorset Council Transformation fund) to leverage in external capital and commercial investment of up to £8.9m, be agreed;

(c)        That the commencement of the required public procurements be agreed;

(d)       That authority be delegated  to the portfolio holder for Corporate Development, in consultation with the Executive Director of Place, to submit a full business case, procure and award services and enter into the necessary grant agreements to deliver this programme of activity;

(d)       That the unusually short timescales involved in developing these proposals, and the importance of responding and mobilising quickly to meet delivery deadlines to facilitate economic recovery from the impacts of the Coronavirus pandemic be noted.

Reason for the Decision

To enable the business case process to be submitted, complete due diligence and to facilitate the quickest possible deployment by March 2022.

To consider a report of the Portfolio Holder for Highways, Travel and Environment.

Decision

That the proposed spend allocation of the Transport Infrastructure Investment Fund be approved.

Reason for the Decision

That we can invest the Transport Infrastructure Investment Fund in accordance with Department for Transport (DfT) guidelines, to improve road condition, reducing the number of potholes, and to kick start the construction industry and wider economy. This is also intended to assist our recovery from the impacts of Covid 19 and flooding issues arising from the winter.

The Portfolio Holder for Highways, Travel and the Environment reported on the Government’s newly created Transport Infrastructure Investment Fund.  Incorporated into the fund wad a combination of already confirmed annual funds for Dorset Council, with the addition of a Pothole Fund, which included funds originally intended for the 2020/21 Challenge, now divided between authorities on the needs based formula. Dorset’s share of the £1.7billion funding was set out in detail within the report.

Members were further advised that future investment strategies against all highways assets would be the subject to review and discussion at future Highway Executive Advisory Panel meetings.

In response to questions, the Portfolio Holder confirmed that council engineers were working closely with the private landowner to resolve recent issues in respect of the landslip near the Old Castle Road at Weymouth.

Cabinet members welcomed the report and supported the recommendation.

Decision

That the proposed spend allocation of the Transport Infrastructure Investment Fund be approved.

Reason for the Decision

That we can invest the Transport Infrastructure Investment Fund in accordance with Department for Transport (DfT) guidelines, to improve road condition, reducing the number of potholes, and to kick start the construction industry and wider economy. This is also intended to assist our recovery from the impacts of Covid 19 and flooding issues arising from the winter.

To consider a report of the Portfolio Holder for Education and Early Help.

Recommendation to Council

The Portfolio Holder for Children, Education and Early Help advised members that under the Crime and Disorder Act 1998 there was a statutory requirement to publish an annual Youth Justice Plan which must provide specified information about the local provision of youth justice services. The Youth Justice Board provided guidance about what must be included  within the plan and recommended a structure for the plan. Cabinet was advised that the People Scrutiny Committee had considered the Youth Justice Plan and endorsed its approval.  A copy of their extract minutes had been published as a supplement to Cabinet’s agenda.

Recommendation to Full Council

That the Youth Justice Plan be approved.

Reason for Recommendation: 

Local authorities are required to publish an annual Youth Justice Plan, setting out how the statutory requirements for a multi-agency youth offending team are fulfilled locally. Dorset Combined Youth Offending Service is a partnership between Dorset Council and Bournemouth, Christchurch and Poole Council, along with Dorset Police, NHS Dorset Clinical Commissioning Group and the National Probation Service Dorset. Approval for the Youth Justice Plan is also being sought from Bournemouth, Christchurch and Poole Council.  The Youth Justice Plan needs to be approved by the full Council.

To consider a report of the Portfolio Holder for Economic Growth & Skills.

Decision

(a)       That the draft Dorset Council Economic Growth Strategy be approved.

(b)       That authority be delegated to the Portfolio Holder of Economic Development and Skills  to make any further, minor amendments required following consideration by Cabinet.

Reason for the Decision

One of the priorities in the Dorset Council Plan 2020-2024 is to ‘deliver sustainable economic growth, increasing productivity and the number of high-quality jobs in Dorset, creating great places to live, work and visit.’  A prosperous and inclusive local economy is vital to achieving the strategic priorities of the Council.  The Economic Growth Strategy explains how the Council will seek to deliver this priority and will be accompanied in due course by a detailed action plan.

In presenting the strategy, the Portfolio Holder for Economic Growth and Skills advised that one of the council’s priorities for 2020-2024 was to ‘deliver sustainable economic growth, increasing productivity and the number of high-quality jobs in Dorset, creating great places to live, work and visit.’  The Portfolio Holder took the opportunity to thank all those involved in creating the Strategy. In particular he thanked  members of the Executive Advisory Panel which had now completed its work.  But he hoped that the group would be re-branded to allow cross-party working in order to agree a way forward in respect of delivery of the action plan.

The Strategy covered six foundation areas; digital, people and skills, business environment, innovation ideas, place and transport infrastructure.

Members were reminded that a prosperous and inclusive local economy was vital to achieving the strategic priorities of the Council.  The Economic Growth Strategy set out how the Council would seek to deliver this priority and members looked forward to seeing the detailed action plan.

Decision

(a)       That the draft Dorset Council Economic Growth Strategy be approved.

(b)       That authority be delegated to the Portfolio Holder of Economic Development and Skills  to make any further, minor amendments required following consideration by Cabinet.

Reason for the Decision

One of the priorities in the Dorset Council Plan 2020-2024 is to ‘deliver sustainable economic growth, increasing productivity and the number of high-quality jobs in Dorset, creating great places to live, work and visit.’  A prosperous and inclusive local economy is vital to achieving the strategic priorities of the Council.  The Economic Growth Strategy explains how the Council will seek to deliver this priority and will be accompanied in due course by a detailed action plan.

To consider a report of the Portfolio for Corporate Development and Change.

Decision

That the current 1.75 redundancy multiplier be extended until 31^st March 2021, to ensure parity between those that have already been subject to organisational change and those due to be at risk of redundancy as Dorset Council moves through the remainder of the financial year. 

Reason for Decision

This would reintroduce alignment with the additional protection arrangements and the review of terms and conditions. Consultation would take place before 31 March 2021 on the intention of reducing the multiplier thereafter.

Cabinet considered a report on the Redundancy Multiplier. In the lead up to the formation of the new council, the Shadow Council resolved to harmonise the rate to (1.75 times).  At that time it was expected that the convergence of services would have been completed by September 2020 upon which the multiplier would be reduced, ensuring that all employees affected by organisational change as a consequence of local government reorganisation were treated the same.

However due to COVID-19 and other factors there had been delays in progressing some convergence activity which could potentially lead to employees receiving less redundancy compensation if the existing level of multiplier was not extended beyond its current end date.

Decision

That the current 1.75 redundancy multiplier be extended until 31^st March 2021, to ensure parity between those that have already been subject to organisational change and those due to be at risk of redundancy as Dorset Council moves through the remainder of the financial year. 

Reason for Decision

This would reintroduce alignment with the additional protection arrangements and the review of terms and conditions. Consultation would take place before 31 March 2021 on the intention of reducing the multiplier thereafter.

To consider a report of the Portfolio Holder for Finance, Commercial and Assets.

Decision

(a)       That the outturn position for 2019/20 and the impact this had on reserves be noted;

(b)       That the Senior Leadership Team’s forecast for Dorset Council’s position at the end of Quarter 1 be noted;

(c)        That the position on the capital programme be noted and the projects recommend by officers (as set out in Appendix 1 of the report) be approved;

(d)       That the key milestones lifted from the draft timetable for budget/Medium Term Financial Plan (MTFP) for 2021/22 be agreed (as set out in Appendix 2 of the report);

(e)       That the inherited and revised draft budget assumptions to allow development of the first iteration of the five-year MTFP be noted (as set out in Appendix 3 of the report);

Reason for the Decision

The Council has responsibilities to deliver against its 2019-20 Revenue Budget and 2019-20 Capital Programme and maintain adequate reserves. These recommendations and accompanying report demonstrate the Council’s performance in delivering against these responsibilities.

Cabinet need to understand the significant financial impact and consequences of the Council’s response to the Covid-19 pandemic.

Understanding the financial position at the start of the planning process is key to adopting the most appropriate assumptions in the development of the MTFP.  Agreeing an initial set of assumptions will allow officers to develop the first iteration of the MTFP and budget for 2021/22 for consideration and conduct sensitivity testing.

Governance of the financial strategy will be critical as we build the next MTFP and agreeing key milestones for the work and member review/challenge are important at this stage to ensure maximum engagement.

The Portfolio Holder for Finance, Commercial and Assets presented the Council’s quarter 1 financial management report. Members were advised that the report set out the outturn position for 2019/20, an update on the financial impact of Covid-19 and other financial matters (to date) and sought approval for assumptions, methods and timing of the development of the 2021/22 budget and medium-term financial plan.

There had been a financial impact from Covid-19 on quarter 1 of the budget with loss of income and an increase in expenditure.  Whilst the government had provided some funding to cover the financial gap, the balance of £43m was currently being funded by the Council’s reserves.

Actions were being taken to address the short-fall including ending property leases and rolling back the capital programme to address a smaller number of projects. A review of on-going Covid-19 costs and seeking ways to contain the current year’s operational and financial pressures was on-going.

The Portfolio Holder(s) for Adult Social Care and Health and Children, Education and Early Years set out the complex financial positions faced by the services as a result of the pandemic and the outcomes that the council wanted to achieve,  the need to adjust to new ways of working and importance of the continuation of transforming  services. 

Decision

(a)       That the outturn position for 2019/20 and the impact this had on reserves be noted;

(b)       That the Senior Leadership Team’s forecast for Dorset Council’s position at the end of Quarter 1 be noted;

(c)        That the position on the capital programme be noted and the projects recommend by officers (as set out in Appendix 1 of the report) be approved;

(d)       That the key milestones lifted from the draft timetable for budget/Medium Term Financial Plan (MTFP) for 2021/22 be agreed (as set out in Appendix 2 of the report);

(e)       That the inherited and revised draft budget assumptions to allow development of the first iteration of the five-year MTFP be noted (as set out in Appendix 3 of the report);

Reason for the Decision

The Council has responsibilities to deliver against its 2019-20 Revenue Budget and 2019-20 Capital Programme and maintain adequate reserves. These recommendations and accompanying report demonstrate the Council’s performance in delivering against these responsibilities.

Cabinet need to understand the significant financial impact and consequences of the Council’s response to the Covid-19 pandemic.

Understanding the financial position at the start of the planning process is key to adopting the most appropriate assumptions in the development of the MTFP.  Agreeing an initial set of assumptions will allow officers to develop the first iteration of the MTFP and budget for 2021/22 for consideration and conduct sensitivity testing.

Governance of the financial strategy will be critical as we build the next MTFP and agreeing key milestones for the work and member review/challenge are important at this stage to ensure maximum engagement.

To consider a report of the Portfolio Holder for Finance, Commercial and Assets.

Cabinet agreed:-

(a)       To start each of the procurement processes as listed in Appendix 1 to the report the report to Cabinet of 28 July 2020;

(b)       That in each instance the further step of making any contract award be delegated to the relevant Cabinet portfolio holder, in consultation with the relevant Executive Director.

Reason for Decision 

Cabinet is required to approve all key decisions with financial consequences of £500k or more. It is also good governance to provide Cabinet with a summary of all proposed procurements prior to them formally commencing.

The Portfolio Holder for Finance, Commercial and Assets set out a report relating proposed contracts (detailed in the appendix to the report) which were in addition to those set out in the forward plan approved by Cabinet on 3 March 2020.

Decision

Cabinet agreed:-

(a)       To start each of the procurement processes as listed in Appendix 1 to the report the report to Cabinet of 28 July 2020;

(b)       That in each instance the further step of making any contract award be delegated to the relevant Cabinet portfolio holder, in consultation with the relevant Executive Director.

Reason for Decision 

Cabinet is required to approve all key decisions with financial consequences of £500k or more. It is also good governance to provide Cabinet with a summary of all proposed procurements prior to them formally commencing.

To consider a report of the Portfolio Holder for Planning.

Decision

.

1.         That the following specific arrangements be agreed:-

(a)       To spend CIL monies within the same geographical charging

area from which they were levied, pre and post 31/8/19.

(b)       The CIL infrastructure spending priorities pre 1/9/19, as laid out

in appendix C.

(c)        The mechanism for prioritisation and spend of CIL funded

infrastructure pre and post 31/8/19, as set out in the amended appendix A.

2.         That the Terms of Reference for Property Management Group

(PMG), be amended,  to enable it to scrutinise & prioritise infrastructure projects seeking funding from the Community Infrastructure Levy and provide recommendations to Capital Strategy and Asset Management Group (CSAMG) / the Executive Director of Place regarding which projects should receive such funding.

3.         That authority be delegated to the Executive Director of Place in consultation with the Portfolio Holder Planning, the approval of the prioritisation, of CIL spend on behalf of the Council as reported to CSAMG.

Reason for Decision:    

i)             To provide clarity, transparency and consistency in the allocation and spending of CIL receipts.

ii)            To set out the relationship between the Council as charging authority and key stakeholders and infrastructure providers (internal and external).

iii)          To ensure CIL receipts are spent on infrastructure required to support development, in accordance with the CIL Regulations 2010 specifically as amended in September 2019 (‘the CIL Regulations’).

iv)          To ensure CIL serves its purpose of supporting the delivery of the infrastructure necessary to support the development in Dorset.

The Portfolio Holder for Planning outlined a report on the need for the Council to establish a clear Community Infrastructure Levy (CIL) Governance Structure to oversee the convergence of legacy council’s CIL receipts and collection, auditing and spending of this and future CIL monies.

He continued that the report proposed the key governance arrangements for the delivery of infrastructure through CIL to ensure CIL serves its purpose of contributing to the delivery of the infrastructure necessary to support development in Dorset.

Members were advised that Place Scrutiny Committee had considered the report on 23 July 2020 and an extract of those minutes had been circulated to cabinet as a supplement to the agenda papers. The Portfolio Holder confirmed that in response to comments from the committee Appendix A and the scoring for the category ‘Wider community benefits and implications’, in respect of foreseeable risks or negative impacts had been amended.

The Chairman of the Place Scrutiny Committee welcomed the recommendation and highlighted that 10.5 and 10.6 of the report where it indicated the financial importance for Town and Parish Council to have neighbourhood plans.

Decision

.

1.         That the following specific arrangements be agreed:-

(a)       To spend CIL monies within the same geographical charging

area from which they were levied, pre and post 31/8/19.

(b)       The CIL infrastructure spending priorities pre 1/9/19, as laid out

in appendix C.

(c)        The mechanism for prioritisation and spend of CIL funded

infrastructure pre and post 31/8/19, as set out in the amended appendix A.

2.         That the Terms of Reference for Property Management Group

(PMG), be amended,  to enable it to scrutinise & prioritise infrastructure projects seeking funding from the Community Infrastructure Levy and provide recommendations to Capital Strategy and Asset Management Group (CSAMG) / the Executive Director of Place regarding which projects should receive such funding.

3.         That authority be delegated to the Executive Director of Place in consultation with the Portfolio Holder Planning, the approval of the prioritisation, of CIL spend on behalf of the Council as reported to CSAMG.

Reason for Decision

i)             To provide clarity, transparency and consistency in the allocation and spending of CIL receipts.

ii)            To set out the relationship between the Council as charging authority and key stakeholders and infrastructure providers (internal and external).

iii)          To ensure CIL receipts are spent on infrastructure required to support development, in accordance with the CIL Regulations 2010 specifically as amended in September 2019 (‘the CIL Regulations’).

iv)          To ensure CIL serves its purpose of supporting the delivery of the infrastructure necessary to support the development in Dorset.

To consider a report of the Portfolio Holder for Highways, Travel and Environment.

Decision

That the DRAFT Dorset Council climate and ecological emergency strategy be approved for consultation with the public following the development of a costed delivery plan. 

Reason for Decision

Dorset Council have declared a climate & ecological emergency and established a councillor led Executive Advisory Panel (EAP) responsible for gathering information and working with officers to make recommendations to Dorset Council’s Cabinet on actions that will help mitigate against climate change.

In presenting the report the Portfolio Holder for Highways, Travel and Environment reminded Cabinet that in May 2019 Dorset Council declared a climate & ecological emergency. The Council established a councillor led Executive Advisory Panel (EAP) responsible for gathering information and working with officers to make recommendations to Dorset Council’s Cabinet on actions that would help mitigate against climate change.

The EAP has overseen the development of a draft Dorset Council Climate and Ecological Emergency Strategy ready for consultation with the public. The strategy was attached as Appendix A to the report a detailed costed delivery plan was also being developed. This would be brought to Cabinet in October 2020 prior to it going out to public consultation. 

The strategy highlighted the importance of engaging with the wider public and key stakeholders and as part of the strategy development views had been sought from the public through a ‘call for ideas’. This received over 780 responses and 32 organisations or individuals where invited to present at one of two inquiry days sessions held by the Council.

In addition, young people were invited to share their views and a specific event was held for town and parish councils. The key themes identified through this engagement had been fed into the strategy and the more detailed responses would be further considered in the development of the delivery plan. 

The Portfolio Holder took the opportunity to advise members of the work already being carried out, including highways space that had been put into cut and collate management. The land that had been brought into ecological improvement and park & recreational use. He also referred to the work of the Local Low Carbon project.

Public Consultation on the draft strategy and delivery plan would take place  later this year.  The final strategy and costed delivery plan would take account of the views of the public and interested parties and would be presented for consideration by members early next year.

Cabinet was informed that Place Scrutiny Committee had considered and supported the report at its meeting on  23 July 2020.(an extract minute from that meeting was circulated to members as a supplement to the agenda). In proposing the recommendation the Portfolio Holder also  took the opportunity to thank officers and the EAP for their hard work in producing the draft strategy. 

The Place Scrutiny Chairman agreed that this was an excellent strategy document and technical papers, but a delivery plan was now urgently required to move the strategy forward. In response to questions the Portfolio Holder confirmed that Place Scrutiny members would be invited to attend the EAP meeting to be part of the formation of the consultative document.

Members welcomed the strategy and supported the recommendations.

Decision

That the DRAFT Dorset Council climate and ecological emergency strategy be approved for consultation with the public following the development of a costed delivery plan. 

Reason for Decision

Dorset Council have declared a climate & ecological emergency and established a councillor led Executive Advisory Panel (EAP) responsible for gathering information  ...  view the full minutes text for item 182.

To receive an update from the Portfolio Holder for Highways, Travel and Environment.

There were no additional items to report.

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be recorded in the minutes.

There were no urgent items considered at the meeting.

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended).

The MS Teams Live Event will end and the committee will meet in closed session to discuss the item the following exempt report.

Decision

The following item was closed to the press and public in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended).

It was proposed by Councillor P Wharf seconded by Councillor T Ferrari

Decision

That the press and the public be excluded for the following item(s) in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended).

The public Microsoft Teams Live Event ended

To consider a report of the Portfolio Holder for Economic Growth & Skills.

Decision

That the recommendations set out in the exempt report of 28 July 2020 be approved.

Reason for Recommendation:    

One of the priorities in the Dorset Council Plan 2020-2024 is to ‘deliver sustainable economic growth, increasing productivity and the number of high-quality jobs in Dorset, creating great places to live, work and visit.’

Cabinet considered a report in an Exempt Microsoft Teams meeting regarding the Defence Innovation Centre – Dorset Innovation Park.

Decision

That the recommendations set out in the exempt report of 28 July 2020 be approved.

Reason for Recommendation

One of the priorities in the Dorset Council Plan 2020-2024 is to ‘deliver sustainable economic growth, increasing productivity and the number of high-quality jobs in Dorset, creating great places to live, work and visit.’