KIRKLEES COUNCIL CABINET. Present: Councillor Khan (in the Chair) Councillors McBride, O Neill, Pandor, C Scott and Sheard.

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1 CAB12 Contact Officer: Andrea Woodside Tel KIRKLEES COUNCIL CABINET Tuesday 19 November 2013 Present: Councillor Khan (in the Chair) Councillors McBride, O Neill, Pandor, C Scott and Sheard. Observer: Councillor Hughes 152 Membership of the Committee Apologies were received on behalf of Councillors Harris and Walton. 153 Minutes of the Previous Meeting RESOLVED That the minutes of the meeting held on 22 October 2013 be approved as a correct record. 154 Declarations of Interests No interests were declared. 155 Admission of the Public It was noted that Agenda Item 12 would be considered in private session. 156 Deputations/Petitions Cabinet received a deputation from Mr Ian French regarding proposals for residential development at Waverley Chambers, Kirkgate, Huddersfield. 157 Public Question Time No questions were asked. 158 Member Question Time No questions were asked. 159 Assets of Community Value 12 Month Review Cabinet gave consideration to a report which set out proposals for amendments to the Assets of Community Value Scheme, and sought approval of delegations of power. It was noted that the Assets of Community Value Scheme had been introduced in the Localism Act 2011 and aimed to protect the loss of local land/building assets by giving community groups the right to bid for and buy an asset considered to have community value when it is sold. 1

2 The report advised that the Council had developed internal processes to deal with applications and satisfy regulations, and that over the past 6 months numerous expressions of interest had been received, and 4 formal applications. Due to the level of interest being greater than had been predicted, a review process had taken place, details of which were set out in Paragraph 2.2 of the report. RESOLVED (1) That the changes to the Assets of Community Value Schemes for Kirklees, as detailed within the report, be noted. (2) That authority be delegated to the Director of Place, and the Director of Communities, Transformation and Change to; (i) Determine procedures when required and comply with Sections 87 to 108 of the Localism Act 2011, the non-statutory guidance, and Assets of Community Value (England) Regulations 2012 including; maintaining the two lists, dealing with applications, adding/amending entries, reviewing procedures, and making arrangements for paying compensation. (ii) (iii) (iv) (v) (vi) Consider the validity of applications from community groups to include assets on the Assets of Community Value list and to determine whether they are successful; and inform all relevant bodies of the decision (including Ward Councillors). Arrange for an impartial and appropriate officer (who has not been involved with the original decision making process) to consider and determine valid applications for a listing review from owners. Consider and determine valid applications for compensation for loss and expense incurred through the asset being listed or previously linked, and agree payment of compensation. Arrange for an impartial and appropriate officer (who has not been involved with the original decision making process) to consider and determine valid applications from owner or former owner of land listed as an ACV for an internal review, as to whether either or both compensation should be made, and the amount of compensation, and explain reasons. Approve the registration and removal of Local Land Charges and entry of restrictions on Title at HM Land Registry. (3) That any delegated decisions taken by the Director of Place, and the Director of Communities, Transformation and Change (and/or Officers with delegated authority) be recorded in accordance with the Council s constitution and relevant legislation relating to delegated decision making. 2

3 160 Capital Investment Plan 2013/ /18 Quarter 2 Capital Monitoring 2013/14 Cabinet received a report which set out the Capital Monitoring Report Quarter 2 (2013/14) in accordance with Financial Procedure Rules. The report advised that at, the end of the second quarter, actual expenditure was 27,198k, representing 18.4% of the budget, and the projected year end expenditure stood at 136,104k against a current budget allocation of 147,866k. Cabinet noted that this variance represented 8.0% of the total budget. Appendices to the report set out detail on: (i) Analysis of variances from the Capital Plan 2013/14, Quarter 2 (Appendix 1), (ii) Analysis of major variances from the Capital Plan 2013/14 (Appendix 2), (iii) Quarter 2 Prudential Indicators (Appendix 3). RESOLVED That the Quarter 2 Capital Monitoring Report 2013/14 be noted. 161 Corporate Revenue Financial Monitoring, Quarter 2, 2013/14 Cabinet received the second in a quarterly cycle of consolidated budget monitoring statements. The report set out the forecast revenue outturn for 2013/14 (Quarter 2) for the Council s Revenue General Fund and Ring Fenced Housing Revenue Account. The report also included an update on Council Reserves and Balances. Cabinet noted that the forecast revenue outturn positions represented a sound basis for achieving 2013/14 saving requirements as part of the Council approved Medium Term Financial Plan, in preparation for future years saving requirements. Appendix A to the report set out the updated Reserves and Balances position. The Housing Revenue Account was appended at Appendix B. RESOLVED (1) That the forecast general fund and HRA revenue outturn position for 2013/14, as detailed in Appendices A and B of the report, be noted; (2) That the updated position on the Council Reserves and Balances be noted. 3

4 162 Exclusion of the Public RESOLVED - That acting under Section 100(A)(4) of the Local Government Act, 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act, as specifically stated in the under mentioned Minute. 163 Bringing Clusters of Empty Homes into Use (Exempt information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that it would not be in the public interest to disclose the information as this would compromise the Council s ability to maintain confidentiality on contractual issues with a third party, together with a possible disclosure of personal information about the third party, which could contravene the provisions of the Data Protection Act, and this outweighs the public interest in disclosing the information.) The Cabinet gave consideration to a report which outlined a business case proposal for buildings recommended to be supported through the Bringing Clusters of Empty Homes into Use project and the utilisation of baseline capital to maximise delivery through the project. RESOLVED (1) That the Empty Clusters Grant allocation in respect of the following properties be approved: (i) (ii) (iii) 1 Oates Street, Dewsbury 7-9 Westgate, Huddersfield 26, 28, 30 John William Street, Huddersfield (2) That the updated business case be endorsed and that the revised Empty Cluster Grant allocation in respect of 6-10 Railway Street, Huddersfield, as set out in Paragraph 2.4 of the report (and the terms and conditions set out in Section 4, Appendix D) be approved. 4

5 CAB13 Contact Officer: Andrea Woodside Tel KIRKLEES COUNCIL CABINET Tuesday 3 December 2013 Present: Councillor Sheard (in the Chair) Councillors Calvert, Harris, McBride, O'Neill, Pandor and C Scott 164 Membership of the Committee Apologies for absence were received on behalf of Councillors Khan and Walton. 165 Minutes of the Previous Meeting RESOLVED That the minutes of the meeting held on 23 October 2013 be approved as a correct record. 166 Declarations of Interests No interests were declared. 167 Admission of the Public It was noted that Agenda Items 15 and 16 would be considered in private session. 168 Deputations/Petitions No deputations or petitions were received. 169 Public Question Time No questions were asked. 170 Member Question Time No questions were asked. 171 Consultation Response West Yorkshire Combined Authority Cabinet received a report which provided an update on the proposed approach in regard to responding to the constitutional arrangements and functions of a Combined Authority in the area of West Yorkshire, as set out in the Government Consultation. Pursuant to the decision of Cabinet and Council in July 2013 to endorse the final Governance review and scheme for a Combined Authority for the area of West Yorkshire, and its submission to the Secretary of State for Communities, Local Government and Transport, the report provided an update on developments since its submission, including the publication of 1

6 the Government's Consultation document. The report outlined the proposed approach to responding to the consultation, along with details of next steps and timetable of progress. RESOLVED That the report be endorsed and submitted to Council with the following recommendations; (a) That the publication of the Government Consultation Paper which invites the submission of views by Thursday 2 January 2014 be welcomed; (b) That the proposed constitutional arrangements and functions of the Combined Authority as set out in the consultation paper be endorsed; (c) That the proposed approach to responding to the consultation be approved; (d) That the Chief Executive (in consultation with the Assistant Director for Legal, Governance & Monitoring and Leader) be authorised to make a formal response to DCLG confirming the Council s support for the establishment of the Combined Authority and take such other steps as are considered appropriate to facilitate the preparation of the Order; and (e) That the next steps and timetable be noted; and that it be noted also that providing Government is satisfied that the proposals for a Combined Authority for West Yorkshire command wide local support and meet the required statutory conditions, the Secretary of State will invite Parliament to approve the Order establishing the Combined Authority. 172 Social Value Policy and Guidance Cabinet received a report which sought approval of a corporate approach to 'social value' as a core element of the Council's transformation agenda, and the adoption of Kirklees Social Value Policy Statement. It explained that the corporate strategic approach to social value would deliver significant change by focusing on the two Social Value objectives of 'Supporting the Kirklees Economy' and 'Reducing Demand for Public Services in Kirklees'. The report set out key features of the proposed approach and detailed the outcomes which were intended, which included supporting the creation of jobs, providing skills and training opportunities and increasing community lead activity, resilience and local problem solving. RESOLVED That the Social Value Policy Statement be formally adopted. 173 Children and Young People Plan Cabinet received a copy of the Children and Young People Plan for It was noted that the plan had been produced and agreed by the 2

7 Children's Trust Board, and aimed to both continue with priorities as set out in the previous plan, as well as introducing new priorities. The report set out details of the priorities that had been identified by the Trust as areas that required specific focus and partnership action, which included improving life chances for Looked After Children and care leavers, young people, disabled children and child sexual exploitation. RESOLVED That the Children and Young People Plan be endorsed and submitted to Council with a recommendation of approval. 174 Use of 20mph Zones and 20mph Speed Limits Cabinet received a report which responded to a motion to Council regarding the feasibility of a 20mph speed limit on unclassified roads and adjacent to schools. Pursuant to the Motion, a study was undertaken into the purpose, use and effectiveness of 20mph zones and 20mph limits. The report contained a summary of the study findings and the full study was appended at Appendix 1 of the report. RESOLVED (1) That decisions taken in relation to 20mph zones, and advisory 20mph speed limits, be taken in accordance with the principles as set out below; (a) 20 mph speed limits: (i) Are only deployed on those on residential streets where speeds are low and a general level of self-compliance can be achieved without enforcement or physical calming measures. i.e Current mean speeds would need to be in the region of 24mph or below (ii) Require Road safety education to be included in schemes to support desired behavioural change (iii) Will not be proposed on main A/B class or busy distributor roads (iv) Will not be funded through mainstream highway budgets (v) Promoters would need to fund a 20mph speed limits (b) 20mph zones: (i) Continue to be promoted using mainstream highways budgets, where there are safety issues, evidence of casualties and/or excessive/inappropriate speeds. In all other circumstances promoters would need to fund a 20mph speed zones. (ii) Will not be proposed on main A/B class or busy distributor roads unless these are within a village/town centre environment where there is considerable road side activity (iii) Will have a careful choice of physical measures incorporated within each zone based on the specific needs of the location (iv) Will have a minimal number of features used to ensure schemes are self-enforcing without over reliance on traffic calming (v) Require Road safety education to be included in schemes to target road user education 3

8 (c) Advisory 20mph speed limits: (i) Are only promoted using mainstream highways budgets, where there are safety issues, evidence of casualties and/or excessive/inappropriate speeds. In all other circumstances promoters would need to fund Advisory 20mph speed limits. (ii) Are only deployed outside schools where mean speeds are relatively low at school peak times (<26mph) (iii) Are not suitable for higher speed roads CAB Use of 20mph Zones and 20mph Speed Limits (iv) Should have road safety education included in these schemes to support desired behavioural chang (v) Site specific issues are considered including times of Operation (2) That an enforcement partnership with West Yorkshire Roads Policing and West Yorkshire Neighbourhood Policing Teams be pursued where; (i) Priorities and how communities can be involved in highlighting locations is agreed (ii) Intelligence is gathered through service requests, seat belt surveys, accident studies, data from SID s, etc (iii) Shared targets are areas of greatest needs, and have standard responses that demonstrate that targeted enforcement does happen. (iv) Police activities are linked into publicity such as the council s Facebook and twitter pages, so that information is relayed into communities to give confidence that enforcement happens (v) Work can be undertaken with PCSO s and Traffic Police to agree processes and encourage consistency across Kirklees. (3) That the Leader of the Council be recommended to amend the delegation scheme to delegate all matters in relation to the implementation of 20 MPH zones and speed limits, as detailed in (1) and (2) above, to Cabinet Committee Local Issues. 175 Dearne Valley Sports Project (In accordance with Council Procedure Rule 37 the Cabinet received a representation from Mr P Ward - Chair of Parkgate Sports and Community Trust Ltd) Cabinet received a report which set out details of a request from the Parkgate Sports and Community Trust Ltd with regard to the Dearne Valley Sports Project to vary a previous Cabinet decision in relation to a lease grant. Cabinet were asked to give consideration to two options, either to reaffirm a previous decision taken (as detailed in paragraph of the report) or to approve entering into a 35 year conditional lease agreement with the Trust subject to conditions. 4

9 RESOLVED (1) That authority be delegated to the Assistant Director (Legal, Governance and Monitoring) to enter into and execute all relevant documentation to enter into a 35 year conditional lease agreement with Parkgate Sports and Community Trust Ltd subject to (i) the grant of satisfactory planning permission for the sports and community facilities and (ii) the award of sufficient external funding for the implementation and delivery of the planning permission. (2) That authority be delegated to the Assistant Director (Physical Resources and Procurement) to negotiate the terms of the agreement for lease, the lease, and all other ancillary documents. 176 Revised Development Agreement Land at Owl Lane, Dewsbury Cabinet received a report which requested that consideration be given to a revised development agreement in respect of land at Owl Lane, Dewsbury, and sought authority for the Council to vary the terms of the existing agreement. Paragraph 3 of the report set out details of a negotiated development agreement and advised that all Ward Members had been informed of the proposed revised terms of the agreement. RESOLVED (1) That approval be granted for the Council to vary the development agreement dated 6 June 2008 and made between (i) the Council of the Borough of Kirklees & (ii) Stirling Investment Properties LLP and Scotfield RBS by entering into a revised agreement with Stirling Investment Properties LLP & Scotfield Limited RBS, Harron Homes Limited and Dewsbury Rams. (2) That approval be granted for the Council to transfer the freehold reversion of the existing long Lease to Stirling Investment Properties LLP and Scotfield RBS of that part of the Site that will form the residential development with supporting public open space if Stirling Investment Properties LLP and Scotfield RBS, Harron Homes and Dewsbury Rams enter into the revised development agreement and if planning permission for residential development is granted. (3) That approval be granted for the Council to grant a lease to Dewsbury Rams of the community facilities to be built on the Site if Stirling Investment Properties LLP and Scotfield RBS, Harron Homes and Dewsbury Rams enter into the revised development agreement and if planning permission for residential development is granted. (4) That approval be granted for the Council to grant a long lease of the land to the east of Bywell Close to Harron Homes for the purposes of construction and maintenance of drainage works and for use as public 5

10 open space if Stirling Investment Properties LLP and Scotfield RBS, Harron Homes and Dewsbury Rams enter into the revised development agreement and if planning permission for residential development is granted. (5) That approval be granted for the Council to grant a long lease to the Dewsbury Rams of that part of the new stadium car park that is to be built on land that is not currently in their ownership if Stirling Investment Properties LLP and Scotfield RBS, Harron Homes and Dewsbury Rams enter into the revised development agreement and if planning permission for residential development is granted. (6) That authority be delegated to the Acting Assistant Director Investment & Regeneration Service in consultation with the Assistant Director Physical Resources and Procurement to negotiate and agree the terms of the revised development agreement, the terms of the leases and any other collateral or supporting agreements to the revised development agreement. (7) That authority be delegated to the Assistant Director Legal Governance & Monitoring to enter into and execute the revised development agreement, the leases and any other collateral or supporting agreements to the revised development agreement. 177 Exclusion of the Public RESOLVED - That acting under Section 100(A)(4) of the Local Government Act, 1972, the public be excluded from the meeting for the following item of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act, as specifically stated in the under mentioned Minutes. 178 Revised Development Agreement Land at Owl Lane, Dewsbury (Exempt information under Part 1 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government Act (access to information)(variation) Order 2006, as it contains information relating to the financial business of any particular person (including the Authority holding that information). It is considered that it would not be in the public interest to disclose the information contained in the report as disclosure could potentially compromise confidentiality of financial matters relating to a third party) Cabinet received exempt information in relation to Agenda Item 13 (Minute No. 176 refers). 179 Land at St Peg Lane, Cleckheaton (Exempt information under Part 1 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government Act (access to information)(variation) Order 2006, as it contains information relating to the financial business of any particular person (including the Authority 6

11 holding that information). It is considered that it would not be in the public interest to disclose the information contained in the report as disclosure could potentially affect the overall value for money of any potential procurement process and this is considered to outweigh the public interest in disclosing information including great accountability, transparency and spending public money and openness in Council decision making) Cabinet gave consideration to a report which sought approval of compensation relating to the acquisition of land for the replacement site for Whitcliffe Road First and Nursery School, Cleckheaton. RESOLVED - That the Assistant Director (Legal Governance and Monitoring), be authorised to pay compensation to the complainant in full and final settlement of all claims that Tesco have under the Kirklees Council (St Peg Lane, Cleckheaton) Compulsory Purchase Order 2005, together with payment of their reasonable legal and surveyor fees. 7

12 CAB14 Contact Officer: Andrea Woodside Tel KIRKLEES COUNCIL CABINET Tuesday 17 December 2013 Present: Councillor McBride (in the Chair) Councillors Calvert, Harris, O'Neill, Pandor and C Scott Observer: Councillor Hughes 180 Membership of the Committee Apologies for absence were received on behalf of Councillors Khan and Sheard. 181 Minutes of the Previous Meeting RESOLVED That the Minutes of the Meeting held on 19 November be approved as a correct record. 182 Declarations of Interests No interests were declared. 183 Admission of the Public It was noted that Agenda Items 13 and 14 would be considered in private session (Minute No. 192 and 193 refer). 184 Deputations/Petitions No deputations or petitions were received. 185 Public Question Time No questions were asked. 186 Member Question Time No questions were asked. 187 Corporate Performance Report - Quarter 2, 2013/14 Cabinet received a report which set out an overview of the Council's performance in relation to the Corporate Plan and Service Delivery Plans for 2013/14 at the end of Quarter 2. The fully detailed report was also appended. The overview report set out key points in terms of the delivery of Corporate priorities and identified emerging themes, including shared services and West Yorkshire wide working. 1

13 The report advised that there was a reported forecast net savings position of 6m or 1.8%, against the 335.9m revenue budget, which reflected an achievement of substantial Council savings required over the Medium Term Financial Plan. Cabinet noted that the report would be submitted to Overview and Scrutiny Management Committee at its meeting on 14 January RESOLVED That the Quarter 2 (2013/2014) Corporate Performance Report be noted. 188 Dewsbury Minster External Lighting Scheme Cabinet received a report which sought approval for an external lighting scheme at Dewsbury Minster Church. The report explained the difficulties that had occurred since the installation of lighting funded by a grant from the Dewsbury Single Regeneration Budget in 2000 and the subsequent issues that had arisen. The report advised that, during December 2009, Cabinet had agreed to commission feasibility and design work to determine how best to reinstate and upgrade the existing lighting, which resulted in the publication of a feasibility report during It was noted the estimated cost of replacing the in-ground luminaries was 25,000. The report stated, that prior to the works starting a future maintenance agreement would be drawn up to help ensure longevity of the new installation, and that the Minster would be responsible for the cost of future maintenance. Cabinet noted that the scheme was to be funded from the baseline budget for Dewsbury Town Centre within the Investment And Regeneration Services Capital Investment Plan 2013/14. RESOLVED That the proposed lighting scheme for Dewsbury Minster, as detailed within the report, be approved and that the implementation of works be authorised. 189 Proposed controls on street based advertising such as A-Boards and goods for sale (Under the provisions of Council Procedure Rule 37 the Cabinet received a representation from Mr C Marsden) Cabinet gave consideration to a report which sought approval to implement controls regarding highway obstructions caused by advertising media such as A-Boards or on-street displayed goods. The report acknowledged that, while businesses needed to attract custom, such methods of advertising could cause obstructions to pedestrian flow and also presented a risk to those with visual impairment, as well as creating difficulties to persons with mobility issues. 2

14 Cabinet noted that there was ongoing concern from Town Centre Management Groups regarding the increase in the number of A-Boards, and goods being displayed outside of shop premises, which were detracting from the visual amenity of the retail environment and having a negative impact upon footfall and economic activity. The report set out a number of options in terms of addressing the concerns raised and it was noted that a public information exercise involving town centre partnerships and businesses throughout the district to explain the reasons for the changes and how they would be instigated. It was anticipated that the enforcement process would commence in approximately 3 months' time, once the public information process had been completed. RESOLVED That an approach be proposed based upon a mixture of the available options as set out in paragraph 2.5 of the report and that a consultation exercise be undertaken involving town centre partnerships and businesses prior to the implementation of the scheme in approximately three months' time. 190 Kirklees Family and Friends (Connected Persons) Policy Cabinet received a report which outlined the details of the support and services that connected persons carers and young people in these placements could expect to receive in line with the Care Planning, Placement and Case Review Regulations A copy of the Kirklees Family and Friends (Connected Persons) Policy was appended to the report. Cabinet noted that providing the levels of support as set out in the documentation would be part of the strategy to reduce the number of Looked After Children and ensure that children are able to achieve permanent and stable homes. RESOLVED That the Kirklees Family and Friends (Connected Persons) Policy be approved and adopted. 191 Exclusion of the Public RESOLVED - That acting under Section 100(A)(4) of the Local Government Act, 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act, as specifically stated in the under mentioned Minutes. 192 ECO Funding and Kirklees Energy Saver Update (Exempt information under Part 1 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government Act (access to information)(variation) Order 2006, as it contains information relating to the financial or business affairs of any particular person (including the Authority holding that information). It is considered that it would not be in the public interest to disclose the information as it would compromise the Council's ability to maintain confidentiality) 3

15 Cabinet received a report which provided an update on changes to energy company obligation funding for energy efficiency measures for private sector households and the resorting implications for the Kirklees Energy Saver Schemes 1 and 2. RESOLVED - That the proposed Kirklees Energy Saver 2 Scheme be deferred in order to enable focus and resources to be targeted at the Leeds City Region Scheme. 193 Education Funding Agency proposals for the Whitcliffe Mount School Site (Exempt information under Part 1 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government Act (access to information)(variation) Order 2006, as it contains information relating to the financial or business affairs of any particular person (including the Authority holding that information) It is considered that it would not be in the public interest to disclose the information contained in the report as disclosure could potentially adversely affect the overall value for money and could compromise the commercial confidentiality of the bidding organisations and may disclose the contractual terms, which is considered to outweigh the public interest in disclosing information including greater accountability, transparency and spending public money and openness in Council decision making) Cabinet received a report regarding proposals being brought forward to the Education Funding Agency in relation to the Whitcliffe Mount site and the implications for Whitcliffe Mount - Specialist Business and Enterprise College, Whitcliffe Mount Sports Centre and land ownership of the site. RESOLVED - (1) That Whitcliffe Mount Sports Centre be closed in late 2016, on a date to be agreed by the Education Funding Agency as part of the contract for the demolition of the site and its replacement with a new build school. (2) That negotiations take place with Trustees to achieve an exchange of land that provides the Council with a parcel of land for disposal, and that this land be unfettered with buildings. (3) That Officers be authorised to continue discussions with the Education Funding Agency and the Trustees regarding the outcomes arising from the Memorandum of Understanding being signed (as a non-legally binding document not requiring any further or additional authority) and the land swap (as referred to in 2 above) and that the Assistant Director (Physical Resources and Procurement) and the Assistant Director (Legal, Governance and Monitoring) be given delegated authority to agree the final negotiated settlement together with any required ancillary documentation and negotiate/conclude all appropriate deeds and documents that may arise from negotiations. 4

16 (4) That Officers (Communities & Leisure Services/Physical Resources and Procurement) be authorised to review the availability and sustainability of sports facilities in Spen and the North Kirklees area, and propose options for future provision. 5

17 CAB15 Contact Officer: Andrea Woodside Tel KIRKLEES COUNCIL CABINET Tuesday 14 January 2014 Present: Councillor Sheard (in the Chair) Councillors Harris, McBride, O'Neill, Pandor, C Scott and Walton 194 Membership of the Committee Apologies for absence were received on behalf of Councillor Khan. 195 Minutes of the Previous Meeting RESOLVED That the Minutes of the Meeting held on 3 and 17 December 2013 be approved as a correct record. 196 Interests Councillor C Scott declared an 'other' interest in Agenda Item's 12 and 14 on the grounds that she is a governor of Chickenley J I & N School. (Minute numbers 205 and 207 refer) 197 Admission of the Public It was noted that Agenda Item 14 would be considered in private session. (Minute number 207 refers) 198 Deputations/Petitions No deputations or petitions were received. 199 Public Question Time No questions were asked. 200 Member Question Time No questions were asked. 201 Preventing Homelessness Strategy 2013/2016 Cabinet received a copy of the Kirklees Preventing Homelessness Strategy for 2013/2016. It was noted that the Council has a statutory duty to form a strategy which sets out how it will tackle and prevent homelessness. The strategy provided a focus on agencies working together to address the causes of homelessness and set out an approach of prevention and early intervention. Cabinet noted the three objectives of the strategy which were (i) formal agencies to focus on preventing homelessness for any household at risk of losing their home, in line with 1

18 the Making Every Contact Count principles (ii) for people in Kirklees to know how to access clear, timely and appropriate advise and support to meet their housing need and prevent homelessness and (iii) to ensure that opportunity to make the best use of existing accommodation across all tenants, including the private rented sector, are maximised, and that clear pathways are agreed with partners. The report advised that the strategy formed part of the Council's Housing Commissioning Strategy and aim to provide improved life chances for residents by supporting them to find and retain an affordable, good quality home. RESOLVED That the Preventing Homelessness Strategy 2013/2016 be approved. 202 Allocation of Parks Capital Funding Cabinet received a report which requested that approval be given to the Streetscene-Parks Capital Plan Expenditure Programme for 2013/14 and 2014/15. The report advised that 150k of capital funding had been allocated for each of the years 2013/14 and 2014/15 and set out details of how the monies had been allocated to programmes of work. The proposed capital plan for Streetscene Parks and Landscapes and the proposed projects were attached as an appendix to the report. RESOLVED (1) That the Streetscene Parks and Landscapes Capital Work Programme as detailed within the report be approved. (2) That the Head of Parks, Landscapes and Street Cleansing be authorised to implement the schemes as detailed within the report. 203 Kirklees School Funding Formula /2015 Cabinet gave consideration to a report which sought approval of the detail of the Kirklees School Funding Formula for the financial year 2014/2015. The report indicated that the structure for the 2014/2015 Kirklees Funding Formula had been approved by Cabinet during October 2013 and subsequently approved by the Education Funding Agency (EFA). Cabinet noted that the finer details of the funding formula allocations needed to be submitted to the EFA by 21 January 2014, using the new school level data set as complied from the October 2013 Pupil Settlement and DSG Settlement 2014/15. The report advised that the Local Authority had developed the new funding formula in collaboration and consultation with the Kirklees Schools Forum, and that the minutes of the meeting of this body were attached as an appendix to the report. 2

19 RESOLVED (1) That the changes required by the DfE funding rules to the Kirklees school funding formula for the allocation of the dedicated schools grants to be maintained and Academy schools in Kirklees for the financial year 2014/2015 be noted. (2) That the consultative development process undertaken in collaboration with head teachers through the Kirklees schools forum to formulate the details of the Kirklees funding formula be noted. (3) That the details of the preferred Kirklees funding formula for 2014/2015 which elaborate the outline formula approved by Cabinet in October 2013, be noted. (4) That the detail of the Kirklees school funding formula 2014/2015 be approved for submission to the DfE. 204 Calculation of Council Tax Base 2014/2015 Cabinet received a report prior to its submission to Council, which set out the proposed tax base for the 2014/15 financial year. RESOLVED (1) That the 2014/15 Council Tax base, and the amended 2014/15 Parish CTR Grants for the five Parish Council areas, as set out below be endorsed and submitted to Council with a recommendation of approval; Parish CTR Grant Taxbase Whole of Kirklees 109, Denby Dale Parish 5, , Holme Valley Parish 9, , Kirkburton Parish 8, , Meltham Parish 2, , Mirfield Parish 6, , (2) That Council be recommended to delegated powers to the Director of Resources to adjust taxbase to reflect any changes as may be required /13 and 2013/14 Directorate for Children and Young People Service (DCYP) Capital Plan - Proposed amendments to the detail of the approved 2012/13 DCYP Capital Plan and revised Capital allocations for 2013/14 Cabinet received the report which provided an update on the delivery of the Schools Capital Maintenance Programme in 2013/14 and amendments to the programme. Appendices A & B to the report set out details of the proposed amendments and revised allocations that were and are required to enable the successful delivery of the projects. 3

20 RESOLVED - (1) That the amendments to the detail of the approved 2012/2013 schools capital maintenance programme section of the Directorate for Children and Young People Service, as set out in appendix A of the report, be noted. (2) That the revised amendment/allocations to the detail of the 2013/2014 schools capital maintenance programme, as set out in appendix B of the report, be noted. 206 Exclusion of the Public RESOLVED - That acting under Section 100(A)(4) of the Local Government Act, 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act, as specifically stated in the under mentioned Minutes /13 and 2013/14 Directorate for Children and Young People Service (DCYP) Capital Plan - Proposed amendments to the detail of the approved 2012/13 DCYP Capital Plan and revised Capital allocations for 2013/14 (Exempt information under Part 1 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government (access to information)(variation) Order 2006, containing information relating to the financial business affairs of any particular person (including the Authority holding that information) it is considered that it would not be in the public interest to disclose the information contained in the report as disclosure could potentially adversely affect overall value for money and could compromise the commercial confidentiality of the bidding organisations and may disclose the contractual terms, which is considered to outweigh the public interest in disclosing information including greater accountability, transparency in spending public money and openness in Council decision making) Cabinet received exempt information in relation to the report considered at Agenda Item 12. (Minute 205 refers) 4

21 CAB16 Contact Officer: Andrea Woodside Tel KIRKLEES COUNCIL CABINET Tuesday 28 January 2014 Present: Councillor Khan (in the Chair) Councillors Calvert, Harris, McBride, O'Neill, Pandor, C Scott and Walton Observers: Councillors P Scott and Wilkinson 208 Membership of the Committee Apologies for absence were received on behalf of Councillor Sheard. 209 Interests Councillor McBride declared an 'other' interest in Agenda Item 14 (Minute No. 221 refers) on the grounds that he is a Board Member of KSDL and left the meeting during the consideration of this item. 210 Admission of the Public It was noted that Agenda Items 13 and 14 would be considered in private session. (Minute Nos 220 and 221 refer). 211 Deputations/Petitions Cabinet received deputations from Ms M Williams (Head Teacher of Royds Hall High School) and Mr A Scott (Chair of Governors - Royds Hall High School) in relation to Agenda Item 7 (Minute No. 214 refers). Cabinet received deputations from Mrs K McCauley (Head Teacher of Greenside I & N School), Mrs H Wood (Head Teacher of Almondbury Junior School), Mrs J Tolley (Head Teacher of Almondbury High School), Miss J Sargent (Head Teacher of Almondbury CE (VA) I & N School), Mr D Lowe (Chair of Governors at Almondbury High School) and Mr P Rock (Chair of Netherhall Learning Campus) in relation to Agenda Item 8 (Minute No. 215 refers). Cabinet received deputations from Mrs C Tyler, Mrs C Sykes, Mr B Thornton and Ms Y Bedford in relation to Agenda Item 10 (Minute No. 217 refers). 212 Public Question Time No questions were asked. 1

22 213 Member Question Time Cabinet received questions from Councillors P Scott and Wilkinson in relation to Agenda Item 8 (Outcomes on the statutory consultation on the proposals effecting Greenside Infant and Nursery School, Almondbury Junior School and Almondbury High School). (Minute 215 refers). 214 Outcomes of the statutory consultation on the proposals affecting Royds Hall High School Cabinet gave consideration to a report which set out details of the outcome of the six week statutory consultation on the proposals to change the age range of Royds Hall High School to create an 'all through' school for pupils aged 4-16 year olds in order to establish sufficient primary places to meet basic need in the western Huddersfield area. Cabinet noted that the proposals would (a) create 210 additional primary places for 4-11 year olds, with an admission number of 30 places per year and (b) retain 860 secondary places for year olds with an admission number of 172 places per year. The report advised that over 5,000 consultation documents had been circulated, which had generated over 600 responses. Details of the feedback, along with notes of consultation meetings, were attached at Appendix C of the report. RESOLVED (1) That the feedback in response to the statutory consultation process, and the officer commentary in relation to the concerns raised, as set out within the report, be noted. (2) That Officers be authorised to publish the statutory proposal and notice. (3) That the proposed next steps and timescales for the subsequent stages of the statutory process be noted. (4) That Officers be requested to make arrangements to set up admission processes so that reception class places for September 2014 can be available for parents to preference and be allocated if the proposals are agreed, without any disadvantage if the proposed places are not established. (5) That Officers be requested to carry out preliminary and preparatory work with parents, governing bodies and staff to enable a successful implementation, if the proposals are finally agreed, by engaging relevant parties as widely as possible in planning the changes and in building confidence in the future cohesive and inclusive provision in the community. (6) That Officers be requested to continue to carry out preliminary and preparatory work in relation to the interim building solution that would be required for September 2014, and the permanent solution that would be 2

23 required overall to deliver proposals if approved, and to consider the implications for the PPP1 contract. (7) That a further report be submitted to a future meeting of Cabinet with regard to the identification of funding to support the implementation of the proposals as set out within the report. 215 Outcomes of the statutory consultation on the proposals affecting Greenside Infant and Nursery School, Almondbury Junior School and Almondbury High School Cabinet gave consideration to a report which set out details of the outcome of the statutory consultation on proposals to develop an all through school for 3-16 year old pupils including nursery provision, to serve the Almondbury area. The report advised that a 7 week statutory consultation process had been carried out with all key stakeholders to gather views on the proposal which would merge together Greenside I & N School, Almondbury Junior School and Almondbury High School. The detail of the consultation process was set out in Appendix C to the report. RESOLVED (1) That the feedback in response to the statutory consultation process, and the officer commentary in relation to the concerns raised, as set out within the report, be noted. (2) That Officers be authorised to publish the statutory proposal and notice. (3) That the proposed next steps and timescales for the subsequent stages of the statutory process be noted. (4) That Officers be requested to carry out preliminary work with parents, governing bodies and staff to enable a successful implementation if the proposals are finally agreed, by engaging relevant parties as widely as possible in planning the changes and in building confidence in the future cohesive and inclusive provision in the Almondbury community. 216 CCTV Building a Future Cabinet gave consideration to a report which requested the reallocation of capital funding to support the implementation of digital TV infrastructure. The report explained that, as a result of a fire in the CCTV building in May 2012, there had been smoke and heat damage caused to the existing equipment, and that the replacement of the analog system would be covered by insurers; though Cabinet were asked to give consideration to a number of options as set out in the report regarding the standard and location of CCTV provision. The report recommended the adoption of the proposal as set out at option 4, which would ensure that the Council has a CCTV system that is fit for 3

24 purpose and can support the Council and its partners in providing safety for residents. It would also assist, through the use of integrated transport technology, the aim of reducing congestion. The report advised that the option would require a capital investment of 150k, which would be secured from the Highways Services 2013/14 Capital Plan allocation (integrated transport programme). It was noted that the timescale for the delivery of this option would be a minimum of approximately two months. RESOLVED That authorisation be given to the implementation of the proposal as set out in section 4, appendix 1, of the considered report, in order to ensure that the Council has a CCTV system that is fit for purpose and can support the Council, and its partners, in its ambitions for the safety of residents. 217 Local Development Framework: Next Steps Cabinet received a report which requested that consideration be given to the progress of the Local Development Framework, taking account of the withdrawal of the Local Development Framework Core Strategy, and the need to achieve an operational plan. The report advised that, at the meeting of Council on 23 October 2013, consideration was given to the option of preparing a Local Plan, rather than resubmitting the Core Strategy. A reassessment by officers, for and against both options, was based upon the assumptions that a revised Core Strategy could be adopted and that the full Local Development Framework could be adopted in early 2018, while a Local Plan, comprising strategic proposals and allocations could be adopted by early Cabinet were asked to consider whether the adoption of a Core Strategy in two years' time would be of greater benefit than the adoption of a complete Local Plan a year or so later; a number of relevant considerations were set out within the report. RESOLVED (1) That the Local Development Framework be progressed in the form of a Local Plan. (2) That the Huddersfield Town Centre Area Action Plan be deleted from the Local Development Scheme and that its content be incorporated into the Local Plan. 218 Bringing Clusters of Empty Homes into Use Council Owned Buildings Cabinet gave consideration to a report which outlined business case proposals for Council owned buildings recommended to be supported through the 'Bringing Clusters of Homes into Use' Project. Information outlining the anticipated costs and funding streams was attached at Appendix A to the report. Cabinet were asked to consider and approve the projects as specified within the reports so that they could be delivered during the 2014/15 4

25 financial year and it was requested that Authority be delegated to officers to manage the programme. (Consideration was given to exempt information as set out at Minute No 220 prior to the determination of this matter). RESOLVED - (1) That approval be given to bringing the following buildings back into use as residential accommodation supported through the Bringing Clusters of Homes into Use Project; Pioneer House (Annex), Waverley Chambers (part) and Estate Buildings (part). (2) That Officers be authorised to manage and implement the programme within the respective agreed total programme budget. (3) That approval be given to the appropriation of the three Council owned buildings (parts proposed for conversion and relevant to the project) currently vesting with the General Fund to the Housing Revenue Account. 219 Exclusion of the Public RESOLVED - That acting under Section 100(A)(4) of the Local Government Act, 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act, as specifically stated in the under mentioned Minutes. 220 Bringing Clusters of Empty Homes into Use Council Owned Buildings (Exempt information under Part 1 of Schedule 12A of the Local Government Act 1972, containing information relating to financial business affairs of any particular person (including the Authority holding that information). It is considered that it would not be in the public interest to disclose the information contained in the report as disclosure could potentially adversely affect overall value for money and could compromise the commercial confidentiality of the bidding organisations and may disclose the contractual terms, which is considered to outweigh the public interest in disclosing information including greater accountability, transparency in spending public money and openness in Council decision making) Cabinet gave consideration to exempt in relation to the decision taken at Agenda Item 11 (Minute No. 218 refers). 221 Kirklees Stadium Health and Fitness Complex - changes to lease arrangements and proposed investment by Kirklees Active Leisure (KAL) (Exempt information under Part 1 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government (access to information)(variation) Order 2006, as it contains information to the 5