Agenda and minutes

Resources Overview & Scrutiny Panel
Wednesday, 1st August, 2018 10.00 am

Venue: The Council Chamber, Moorlands House, Leek

Contact: Pat Trafford, Democratic & Community Services Officer. Tel. 01538 395551 

Items
No. Item

12.

Notification of Substitute Members, if any

Minutes:

Councillor C Wood attended the meeting as substitute for Councillor M Gledhill.

13.

Minutes of the previous meeting pdf icon PDF 120 KB

Minutes:

RESOLVED – That the Minutes of the meeting held on 6 June 2018 be approved as a correct record and signed by the Chair.

14.

Urgent items of Business, if any (24 hours notice to be provided to the Chairman)

Minutes:

There were no urgent items.

15.

Declaration of Interests:

      i.        Disclosable Pecuniary Interests;

     ii.        Other Interests.

Minutes:

There were no declarations of interest.

16.

Questions to Portfolio Holders, if any

Minutes:

There were no questions.

17.

1st Quarter 2018/19 Performance, Procurement & Financial Review pdf icon PDF 89 KB

Additional documents:

Minutes:

The Executive Director & Chief Finance Officer outlined the report giving the Council’s Financial, Procurement and Performance position as at 30 June 2018 (1st Quarter 2018/19). The main headlines were:-

 

Subject

Headline

Reference

Finance

The headlines for the first quarter were:

Performance against Budget

·           The General Fund budget for 2018/19 was forecast to be £37,710 underspent.

Efficiency Programme

·           The overall efficiency target of £830,000 for 2018/19 was projected to be achieved – with £175,370 achieved at the end of Q1. However, this was dependent on the progression of key efficiency programmes.  Any shortfall could be funded using the earmarked reserve established to meet some of the costs incurred in implementing the programme.

Capital Programme

·           The revised Capital Programme budget for 2018/19 was £5.8 million including the carry forward of capital underspends from 2017/18.  The projected outturn for the year was £5.8 million at this stage.

Treasury Management

·           Cash investments held at 30 June 2018 totalled £5.7 million. The Ascent loan and debenture currently stood at £14 million;

·           Council borrowing at 30 June 2018 totalled £12.9 million (£12 million of which related to the Ascent loan);

·           The Council’s net interest receipts budget was projected to be on target.

Revenue Collection

·           29.6% of Council Tax was collected by 30 June 2018 compared to 29.7% for the same period last year;

·           29.0% of Business Rates was collected by 30 June 2018 compared with 28.9% for the same period last year;

·           At the end of Quarter One the value of sundry debt that was over 60 days old was £82,560 which compared with £151,780 at 30 June 2017.

 

Appendix A

Procurement

The headlines for the first quarter were:

·          21 procurement activities were completed;

·          The forward plan included 49 procurement activities for 2018/19 (either SMDC only or joint.);

·          At 30 June 2018, 51% of procurement activity undertaken was on the forward plan and the Council paid 95% of its invoices within 30 days during the year.

 

Appendix B

Performance

The headlines for the first quarter were:

·          Performance in respect of 81% of the key performance indicators was on track;

·         Of the 25 Priority Actions within the Corporate Plan, two were still to commence, one was rated amber awaiting a decision, the remainder being classified as ‘Green’; and

·         The Council received 21 complaints, 60 comments and 18 compliments in the First Quarter. Repeat complaints and response times both on track.

 

Appendix C

 

RESOLVED – That the Panel:-

 

·        NOTED the First Quarter 2018/19 financial, procurement and performance position detailed in Appendices A, B and C and summarised at 3.3 of this covering report; and

·           RECOMMEND FOR APPROVAL BY CABINET the revision to the authorisation thresholds as part of the Council’s Procurement Procedure Rules – this reflects the amendment to the threshold for EU Supplies and Services (increased from £164,176 to £181,302).

18.

Section 106 Planning Obligations - Presentation

Minutes:

Ben Haywood – Operations Manager, Development Services and Sally Curley – Project Officer attended to clarify the S.106 process.

 

Ben was aided by a slide presentation which clarified:-

 

·        What S.106 agreements are (private agreements made between local authorities and developers which can be attached to a planning permission to make development acceptable which would otherwise be unacceptable in planning terms);

·        What they can be used for - a) securing off-site works, b) Affordable Housing and c) financial contributions to mitigate the impact of development. These contributions can be for Public Open Space, Education, Highway Infrastructure or Healthcare;

·        What they can’t be used for - a) Planning Gain, b) to fix existing problems or c) to “buy” Planning Permission. They have to comply with the Community Infrastructure Levy – CIL - Regulations;

·        The ‘CIL’ tests - a) necessary to make the development acceptable in planning terms, b) directly related to the development, and c) fairly and reasonably related in scale and  kind to the development.

·        Regulation 123 – There can not be 5 or more separate planning obligations that a) relate to planning permissions granted for development within the area of the charging authority and b) which provide for the funding or provision of that project, or type of infrastructure;

·        The Planning Application process – start to finish.

 

Sally then expanded on Open Space/Play and Recreation provision with slides clarifying:-

 

·             Process for responding to Planning Application Consultations for Open Space contributions;

·             Process for spending the Open Space contributions;

·             Slides showing the ‘before and after’ position at 3 sites which had received S.106 funding – a) Haregate Hall, Leek, b) Halls Road, Biddulph and c) The Wentlows, Checkley.

 

The presentation concluded with key messages as follows:-

 

·        S.106 monies can’t be used for just anything – must be CIL compliant;

·        Members need to get involved with contributions at Planning Application stage;

·        Involvement at Policy setting stage to puide contributions e.g. Supplementary Planning Guidance Documents;

·        ‘Door is always open’ for discussions with local members and the local community with regard to needs.

 

Members made the following comments (responses in brackets):-

 

·        Preference to see the presentation in advance to enable sufficient preparation. Could this item feature again at the next meeting of the Panel? (Yes, Officers will attend again, subject to diary availability);

·        Perceived to be a lack of member involvement during the S.106 preparation process? (Member involvement was available at the ‘site-specific’ stage of the Local Plan process. Members were also notified of Planning Applications when they were received. Further involvement was also available when the S.106 monies were received. Members were encouraged to contact officers early in the process, well before Planning Applications Committee stage);

·        Monies being allocated to a scheme other than the one to which the S.106 relates is illegal? (S.106 relates to a Churchill Road, Cheadle and monies being allocated to Thorley Drive, Cheadle). (The Churchill Road development will place an additional burden on open space in Cheadle. This is in accordance with CIL regulations and is therefore  ...  view the full minutes text for item 18.

19.

Work Programme pdf icon PDF 50 KB

Any additional items to be added to the Work Programme:-

      i.        Chairman’s items;

     ii.        Members’ items;

    iii.        Forward Plan.

Additional documents:

Minutes:

Members requested that S.106 Planning Obligations be discussed again at the next meeting.

 

The Asset Maintenance contract with Derbyshire County Council was due to end in September 2018, however this had already been dealt with at an earlier meeting of the Panel. Andrew Stokes advised that the decision had been made to go to KIER, with the intention to do a Cabinet Delegated Report in order to tie up loose ends in the contract transfer process.

 

RESOLVED -  That, with the addition of S.106 Planning Obligations for the next meeting (3 October 2018), the Work Programme for 2018/19 be NOTED.  

20.

Exclusion of the Press and Public

The Chair to move:-

 

“That, pursuant to Section 100A(2) and (4) of the Local Government Act, 1972, the public be excluded from the meeting in view of the nature of the business to be transacted or the nature of the proceedings whereby it is likely that confidential information as defined in Section 100A (3) of the Act would be disclosed to the public in breach of the obligation of confidence or exempt information as defined in Section 10 I (1) of Part 1 of Schedule 12A of the Act would be disclosed to the public by virtue of the Paragraphs indicated.”

Minutes:

RESOLVED – That, pursuant to Section 100A(2) and (4) of the Local Government Act, 1972, the public be excluded from the meeting in view of the nature of the business to be transacted or the nature of the proceedings whereby it is likely that confidential information as defined in Section 100A (3) of the Act would be disclosed to the public in breach of the obligation of confidence or exempt information as defined in Section 100 I (1) of Part 1 of Schedule 12A of the Act would be disclosed to the public by virtue of the Paragraphs indicated.

 

21.

Exempt Minutes of the previous meeting

(Paragraph 3 – Financial or business affairs of any particular person)

Minutes:

RESOLVED – That the Exempt Minutes of the meeting of the Panel held on 6 June 2018 be APPROVED as a correct record and signed by the Chair.