Agenda and decisions

Cabinet
Tuesday, 25 June 2019 2.00 pm

Venue: Sparkenhoe Committee Room, County Hall, Glenfield

Contact: Mr. Matthew. Hand (Tel. 0116 305 2583)  Email: matthew.hand@leics.gov.uk

Items
No. Item

Webcast and Order Paper pdf icon PDF 428 KB

A webcast of the meeting can be viewed at https://bit.ly/2NKDhFz

 

1.

Minutes of the meeting held on 24 May 2019. pdf icon PDF 182 KB

2.

To advise of any other items which the Chairman has decided to take as urgent elsewhere on the agenda.

3.

Declarations of interest in respect of items on the agenda.

4.

Scrutiny Review Panel on Corporate Parenting. pdf icon PDF 233 KB

Additional documents:

Decision:

a)    That the Scrutiny Review Panel’s Final Report and recommendations of the Panel set out therein be accepted;

 

b)    That the Chief Executive be requested to ensure that the recommendations of the Review are acted upon.

 

(KEY DECISION)

 

REASON FOR DECISION:

 

By accepting the recommendations set out within the report, the Council will strengthen its Corporate Parenting Offer including the role of elected members.

 

5.

Delivering Growth in Leicestershire - East of Lutterworth Strategic Development Area and other Development Projects. pdf icon PDF 392 KB

Decision:

a)    That the Director of Corporate Resources in consultation with the Chief Executive and Director of Law and Governance be authorised to explore further the options set out in the report for the delivery of development projects on Council-owned land, with particular regard to the East of Lutterworth SDA, including -

 

                     i.        appointing specialist consultants to assist and advise the Council on the most appropriate delivery option(s);

 

                    ii.        undertaking engagement with members, officers, and other parties as necessary to establish the Council’s growth delivery objectives;

 

                   iii.        engaging in soft market testing of all or some of the options identified in the report, as he considers appropriate;

 

b)    That a further report be submitted to the Cabinet on 22 November 2019 regarding the outcome of the work undertaken and the proposed way forward.

 

(KEY DECISION)

 

REASONS FOR DECISION;

 

Given the anticipated planning permission for the East of Lutterworth SDA later this year it is important that the Council identifies its preferred approach for the delivery of this scheme to ensure it is in a position to commence infrastructure construction in 2020 and can comply with the terms of the LAAC (Local Authority Accelerated Construction) and HIF (Highway Infrastructure Fund) funding which require housing development to commence on site in early 2021.

 

In assessing the options for this specific site, consideration would be given to how these might also support the delivery of other development schemes in the County and the benefits of the Council playing a more proactive role in future developments to benefit from increased returns, sharing in the costs and risks, and to secure delivery of its wider Strategic Plan objectives.

 

Specific consideration of the possible growth delivery objectives would be key. The involvement of officers and members in this process would ensure these are sufficiently challenged and tested.

 

Undertaking soft market testing will identify market appetite for the options, and assist in defining the scope of the approach the Council may wish to take forward and how this can be realised/ procured.

 

Additional support and expertise is required to explore thoroughly the options and clearly understand the issues relating to their impact on delivery of the East of Lutterworth SDA scheme and wider aspects of the Council’s future asset development plans and obligations, such as adult social care and affordable housing.

 

6.

Annual Report on the Commercial Strategy 2018/22. pdf icon PDF 361 KB

Additional documents:

Decision:

a)    That the performance against the targets identified in the Commercial Strategy since June 2018 be noted;

 

b)    That the future development of the Commercial Strategy as outlined in the report and the appended Leicestershire Traded Services Review and Outlook for 2019/20 be welcomed.

 

REASON FOR DECISION:

 

The Annual Report on the Commercial Strategy outlines the progress that has been made by the County Council (via the Leicestershire Traded Services) by introducing a more commercial approach to ensure that trading income makes an increasing and meaningful contribution to the Council’s budget.

 

7.

Capital Investment into Social Care Accommodation Based Support Services. pdf icon PDF 499 KB

Additional documents:

Decision:

a)    That the Social Care Accommodation Development Plan and Investment Prospectus 2019-2037, be approved and the Director of Adults and Communities, in consultation with the Director of Corporate Resources, be authorised to review and update the Investment Prospectus annually;

 

b)    That the priorities for the development of specific social care accommodation units between 2019-2022 as identified in paragraph 30 of the report, be noted;

 

c)    That the proposed approaches to increase the supply of social care accommodation, as detailed in paragraphs 40 to 54 of the report, including the procurement of a Registered Social Landlord to act as a Landlord for Council developed properties and provide additional design expertise in the short to medium term, be approved

 

d)    That a range of flexible frameworks be used to identify suitable providers to deliver care and support for most provision within the new social care accommodation developments but consideration also be given to the option for the Council to deliver care directly;

 

e)    That it be noted that a further report will be considered by the Cabinet in autumn 2019 which will include details of the capital investment required to progress the Year 1 priorities identified in the Social Care Accommodation Development Plan, along with a proposed scheme of delegation.

 

(KEY DECISION)

 

REASONS FOR DECISION;

 

The revenue costs of supporting those with social care needs are increasing and are likely to continue to increase annually for the foreseeable future.  Accommodation based care is to a greater or lesser extent dependent on costs associated with the provision of accommodation which itself is influenced by investment models within the private social care and investment markets.  By engaging with the market, the Council has sought to understand how it can ensure the required supply of accommodation is developed at an affordable and sustainable cost to the Council.  To this aim it has developed a Social Care Accommodation Development Plan and Investment Prospectus that recognises that there will always be a mixed market of provision and the Council.

 

Enabling the Director to review and update the Investment Prospectus each year would ensure that it remains up-to-date and relevant.

 

Funding for work associated with the Social Care Accommodation Development Plan and Investment Prospectus is in place for 2019/20 but capital investment required for the Year 1 priorities will need further consideration.

 

8.

Review of Long Term Residential and Nursing Care Fees. pdf icon PDF 489 KB

Additional documents:

Decision:

a)    That the feedback from the two-stage consultation exercise on the proposals for a fee model for residential care and residential nursing care be noted;

 

b)    That the fee levels detailed in paragraph 58 of the report, for placements in Leicestershire be approved and implemented from 8 April 2019, in summary:

 

Older Adults Residential base rate - £579 per week;

Older Adults Residential Plus base rate - £638 per week;

Working-age Adults - £727 per week;

Supplementary Need Allowance - £11.81 per hour;

 

 

c)    That an annual uplift to the fee levels at (b) above be applied, calculated using a split of 57/43 for staffing and non-staffing costs with Average Weekly Earnings used for the staffing element, and Consumer Price Index for non-staffing costs, and amended as necessary to take account of any additional pension contributions be applied to placements within Leicestershire and to bespoke packages for working-age adults created using the Care Funding Calculator, noting that changes to the National Living Wage or fees may require this uplift to be reviewed in future;

 

d)    That with regard to Supplementary Need Allowance hours, the staffing uplift be applied to give an increase of 3.96% on the hourly rate given in (b) above;

 

e)    That each existing contracted provider of residential care and residential nursing care be required to sign the revised Core Contract, Specification, and Individual Placement Agreement in order for the revised fees to be paid;

 

f)     That Quality Assessment Framework premium payments to providers of residential care and residential nursing care cease as part of the implementation of the new fee rates, contract and specification;

 

g)    That it be noted that the Council will continue to pay fees for out-of-county placements in line with those of the local authority in which the accommodation is located;

 

h)   That the above changes, expected to cost £7 million, be resourced from corporate contingency funds earmarked for service cost increases;

 

REASONS FOR DECISION;

 

The Care Act 2014 places statutory duties on councils to establish a usual price for the care home placements they fund. This price needs to give due regard to ensuring that there are sufficient care and support services in the local market to meet the needs of all people who require care and support.  It also places a duty on councils to give due regard to ensuring provider sustainability and viability to enable them to meet their employer duties and responsibilities and provide the agreed quality of care.

 

The Adults and Communities Department undertakes an annual fee review process with the residential and nursing care market, but it has not fundamentally reviewed its pricing structure since 2011.  It is recognised that there have been significant changes to the way care and support is delivered since this time and that the demographic of people moving into residential care arranged by the Council is now different.  A fundamental review of the Council’s fee structure and fee levels was therefore necessary to ensure this remains fit for purpose and supports a sustainable care market across the County.

 

Following approval by the Cabinet in October 2018, the Council engaged in an open, inclusive and thorough consultative process to establish the proposed fee model and contractual documentation to reach a set of proposals that are fair and sustainable for both the Council and providers.

 

9.

Re-Development of Disability Services in North West Leicestershire. pdf icon PDF 266 KB

Additional documents:

Decision:

That the re-development of short breaks services, supported living accommodation and Community Life Choices (formerly known as day services) facilities at the Hamilton Court/Smith Crescent site in Coalville be approved on the basis set out in the report and the appended plans.

 

(KEY DECISION)

 

REASONS FOR DECISION:

 

The re-development of a short breaks building that is purpose-built will provide facilities which can meet the needs of adults with a disability ensuring carers are supported to continue caring by providing them with an overnight break from that role.

 

The development of supported living in North West Leicestershire (NWL) will contribute to adult social care priorities in relation to increasing the opportunities for adults with a disability to live independently.  Demand analysis was presented to the Cabinet in October 2018 which projected demand for supported living (and other forms of accommodation) by district. According to the demand analysis an additional 39 supported living units are required in NWL by 2027.

 

The inclusion of space and facilities on the site to provide Community Life Choices (CLC), currently provided at Coalville Community Resource Centre would enable efficiencies as a result of the co-location of County Council staff.

 

The total site development would also result in significantly improved County Council property assets.

 

10.

Leicestershire Substance Misuse Strategy 2020-23. pdf icon PDF 237 KB

Additional documents:

Decision:

a)    That the draft Leicestershire Substance Misuse Strategy 2020-23 be approved for consultation;

 

b)    That a further report be considered by the Cabinet on 22 November 2019 detailing the findings of the consultation and presenting the final Strategy for approval.

 

REASONS FOR DECISION:

 

The draft Leicestershire Substance Misuse Strategy 2020-23 has been developed in recognition of the need to coordinate substance misuse related work across the Council. Developing a strategy that is endorsed by the Council will set an agreed direction for substance misuse service provision across Leicestershire.

 

Undertaking a consultation on the draft strategy would ensure the priorities meet the needs of the local population and that the priorities align with those identified by stakeholders. The consultation would also be in keeping with the Council’s corporate standards to ensure that all stakeholders are made aware of the Local Authority’s priorities and given an opportunity to make comments at an early stage.

 

11.

North and East Melton Mowbray Distributor Road - Outcome of Planning Application. pdf icon PDF 341 KB

Additional documents:

Decision:

a)    That the comments of the Environment and Transport  Overview and Scrutiny Committee be noted;

 

b)    That the award of planning consent for the North and East Melton Mowbray Distributor Road scheme be noted;

 

c)    That the delivery of the scheme be approved, noting that a financial risk-sharing agreement for the scheme is being negotiated with Melton Borough Council. 

 

(KEY DECISION)

 

REASONS FOR DECISION:

 

To note approval of the planning application for the North and East MMDR which is being delivered to a challenging programme meaning that the County Council is forward funding its delivery and working in an innovative manner to achieve this.

 

Funding of £49.5m has already been obtained from the Department for Transport (DfT), subject to the DfT’s approval of the Final Business Case. The remainder of the scheme costs, estimated to be £14m, are being forward funded by the County Council.  A risk sharing financial agreement with Melton BC regarding developer contributions to the scheme is still being finalised but any delay in delivery of the scheme could result in slippage and jeopardise DfT funding.

 

12.

Highways Initiative - Delivering for Parishes and Communities. pdf icon PDF 247 KB

Decision:

a)    That an enhanced highways service for parishes and communities for the remainder of 2019/20 as detailed in the report be approved;

 

b)    That a detailed survey of targeted highway assets (signs and lining) be undertaken in preparation for the future delivery programmes;

 

c)    That £0.55m be allocated from the Environment and Transport reserves for the remainder of 2019/20 to enable the delivery of the proposals;

 

d)    That further reports be submitted to the Cabinet and Environment and Transport Overview and Scrutiny Committee later in 2020 regarding progress with the initiative and future funding proposals.

 

REASONS FOR DECISION:

 

The enhanced service to parishes and communities has been developed due to the increase in the number of parish communications directly to the service and via County Council Members.

 

The analysis of parish communications has also identified increasing concerns with specific groups of highway assets, which the additional resources will be targeted at addressing.

 

The increased community and parish engagement combined with the  enhanced provision contribute directly to the priorities of the Leicestershire Communities Strategy “Working Together to Build Great Communities” and the Council’s  Strategic Plan and Single Outcomes Framework.

 

13.

M1 Junction 23/ A512 Improvement. pdf icon PDF 271 KB

Additional documents:

Decision:

a)    That the necessary preparations to deliver the M1 J23 / A512 Improvement Scheme as identified in the Highways Capital Programme up to 30 June 2019 be continued, noting that this will involve negotiations to obtain the necessary legal agreements, secure third party contributions, and undertake public engagement;

 

b)    That the approach to securing third party contributions as set out in paragraphs 28 and 32 of the report and the risks associated with securing those contributions be noted

 

c)    That following assurances being given, the Director of Environment and Transport, following consultation with the Director of Corporate Resources, the Director of Law and Governance and the Cabinet Lead Member for Environment and Transport, be authorised to let the contract for work on the M1 J23 / A512 Improvement Scheme.

 

REASONS FOR DECISION:

 

Subject to funding, the County Council is committed to delivery of a comprehensive scheme at M1 J23 and the A512 that will:-

 

      i.        Bring together all interested parties to make best use of public and private sector resources;

 

    ii.        Enable coordinated delivery of several planning requirements in one scheme;

 

   iii.        Reduce disruption on a critical part of Leicestershire’s road network;

 

   iv.        Future proof the area in preparation for planned growth;

 

    v.        Unlock strategic employment and housing sites identified in Charnwood Borough Council’s Core Strategy helping to support the delivery of planned growth, maintaining 5 year land supply and ensuring a reduction in speculative development; and,

 

vi.        Ensure developments contribute fully to their share of costs.

 

Without agreement as to the third-party contributions and the mechanism for securing those contributions being in place further consideration would need to be given as to whether it was viable for the Council to pursue the scheme. 

 

Satisfactory assurances have been received with regard to the third-party funding required for the delivery of the M1 J23 / A512 Improvement Scheme as planned. 

 

14.

HS2 Phase 2B Design Refinement Consultation. pdf icon PDF 344 KB

Additional documents:

Decision:

That the implications for Leicestershire arising from the changes to the HS2 route and creation of a temporary construction railhead, be noted.

 

REASON FOR DECISION:

 

To ensure that members are aware of the latest Government Consultation on HS2 and its potential implications for Leicestershire.

 

 

 

15.

Recycling and Household Waste Sites Future Service Offer. pdf icon PDF 338 KB

Additional documents:

Decision:

a)    That the commencement of a consultation exercise on the proposed change to the Council’s Recycling and Household Waste Sites (RHWS) summer opening hours, be approved;

 

b)    That the expansion of the existing permit scheme and the acceptance of additional waste streams at the Council’s RHWS on a trial basis, be noted;

 

c)    That a further report be submitted to the Cabinet on 22 November 2019 detailing the outcome of the consultation and presenting the final proposal for approval.

 

(KEY DECISION)

 

REASONS FOR DECISION:

 

The recommended changes to the opening times of the RHWS would contribute to the required savings as set out in the 2019 MTFS, approved by the County Council on 20 February 2019.

 

Expanding the existing permit scheme would provide a conservative saving whilst deterring trade waste and satisfying regulatory requirements to enable free collection and treatment.  

 

While there is no direct saving with the acceptance of the additional non-household waste types, it is an enhancement to the existing service and can be introduced quickly and with minimal risk, increasing recycling options for the public. 

 

16.

Leicestershire Youth Justice Plan 2019 - 20. pdf icon PDF 298 KB

Additional documents:

Decision:

That the County Council at its meeting on 10 July be recommended to:

 

      i.        Approve the draft Leicestershire Youth Justice Strategic Plan 2019 – 2020, as set out in the appendix to this report;

 

    ii.        Authorise the Director of Children and Family Services, following consultation with the Lead Member for children and young people,  to make minor amendments to the Youth Justice Strategic Plan 2019-2020 as are considered necessary to ensure it remains current and conforms to the requirements of the Youth Justice Board.

 

(KEY DECISION)

 

REASON FOR DECISION:

 

The County Council has a statutory duty under Section 40 of the Crime and Disorder Act 1998 to produce an annual Youth Justice Plan.

 

17.

Leicestershire County Council's Planning Obligations Policy. pdf icon PDF 307 KB

Additional documents:

Decision:

a)    That the key comments received during the consultation exercise and the changes made to the draft policy as a consequence be noted;

 

b)    That the County Council at its meeting on 10 July be recommended to:

 

 

                           i.        Approve the revised Leicestershire County Council Planning Obligations Policy;

 

                          ii.        Authorise the Chief Executive, following consultation with the Lead Member for planning matters, to make necessary future revisions to the Leicestershire County Council Planning Obligations Policy to ensure that it is up to date and relevant, provided that these do not constitute material changes to the Policy.

 

(KEY DECISION)

 

REASONS FOR DECISION:

 

It is essential that the impacts of new development are mitigated through the provision of appropriate and necessary infrastructure, services and community facilities and that developers contribute appropriately to those requirements.

 

The County Council adopted its current developer contributions policy ‘The Leicestershire Planning Obligations Policy (LPOP) in December 2014.  The policy needs to be updated in response to recent changes to the planning system, for example the recently reviewed National Planning Policy Framework (NPPF) (February 2019) and to reflect the changing costs and funding opportunities for providing infrastructure to support new development.

 

The Policy falls within the plans and strategies forming part of the County Council Policy Framework by Local Choice (Schedule 2 to Article 4.01 of the Constitution) and thus requires approval by the County Council.

 

A delegation to enable the Chief Executive to make amendments will enable minor changes to be made to keep the document up to date, proportionate to infrastructure costs and consistent with revised planning policy and legislation.

 

18.

Items referred from Overview and Scrutiny.

19.

Any other items which the Chairman has decided to take as urgent.