Agenda and Minutes

On behalf of the Cabinet the Chairman expressed his appreciation to the Chief Executive, Martin Gage, the Trustees and all the staff of the Marlene Reid Centre for their hospitality.  He said that the Centre, which received funding of half a million pounds per annum from the County Council, provided a valuable, impressive facility for the people of North West Leicestershire.

 

The minutes of the meeting held on 18 November, 2004, were taken as read, confirmed and signed.

 

There were none.

 

The Chairman invited members who wished to do so to declare any interest in respect of items on the agenda for the meeting.

 

Mr. D.R. Parsons, CC (as Chairman of the East Midlands Assembly), and Mr. D.A. Sprason, CC (as a representative on the East Midlands Assembly Planning Board) declared a personal and non-pecuniary interest in the report of the Chief Executive entitled “Proposed Changes to the Milton Keynes and South Midlands Sub-Regional Strategy”.

 

Mr. R. Miller, CC and Mr. E.F. White, CC (as members of a Primary Health Trust Board), declared a personal and non-pecuniary interest in the joint report of the Chief Executive and Director of Social Services entitled “Joint Public Health Priorities”.

 

The Cabinet considered reports of the Director of Community Services which set out a response to the Phase Two Consultation by Nottingham East Midlands Airport (NEMA) on the proposed changes to controlled airspace.  Copies of the reports marked ‘B’ and ‘BB’ are filed with these minutes.

 

The Cabinet also considered an Addendum to the report (tabled at the meeting), entitled “Table 3: Extrapolated Typical Busy Days – Arrivals and Departures” a copy of which is also filed with these minutes.

 

The Director of Community Services referred to paragraphs 31, 34 and 41 of the report and correspondence received from the “No Night Flights Action Group” in which they had expressed concern about the Phase Two Consultation document and the proposed increase in air traffic.

 

Prof. M.E. Preston, CC attended for this item and expressed concern that under the proposed changes both of the arrival routes would pass over villages in the area he represented on the County Council.

 

RESOLVED:

 

(a)       That NEMA and the CAA be advised of the contents of the report as the County Council’s observations on the consultation on proposed changes to controlled airspace in Leicestershire;

 

(b)       That NEMA and the CAA be advised of the County Council’s particular concerns that:-

 

(i)         there will be the near doubling of controlled airspace over Leicestershire and this would be unacceptable if it led to a greater proportion of Leicestershire residents being adversely affected now and in the future;

 

(ii)        NEMA have not adequately demonstrated the benefits of the proposals in terms of noise impacts, populations to be affected, and numbers of aircraft likely to be using the new routes and their impacts, particularly in relation to arrival traffic from the south, and given that significantly more Leicestershire people will be affected by new arrival routes than currently, the County Council has serious reservations about the benefits of the scheme and as a consequence finds them unacceptable;

 

(iii)       the issues of night time flights and their affects have not been properly dealt with and the County Council will continue to campaign to seek better controls.

 

REASON FOR DECISION:

 

The County Council is responding to a Phase Two consultation on the proposed changes to airspace in and around Nottingham East Midlands Airport.  It is concerned that the proposed changes will have a detrimental affect on residents in central and eastern Leicestershire and would urge the CAA and NEMA to seek better controls on the flights in and out of the Airport.

 

The Cabinet considered a joint report of the Chief Executive and Director of Community Services which set out the Development Control and Regulatory Board’s recommended response to a planning application on which the County Planning Authority had been consulted by Harborough District Council.  A copy of the report marked ‘C’ is filed with these minutes.

 

RESOLVED:

 

(a)       That Harborough District Council be advised that the County Planning Authority  objects to the proposed development of land for residential purposes for the following reasons:

 

The findings of the revised draft Supplementary Planning Guidance on the monitoring of housing land in Harborough District, identifies an over provision of dwellings over a three year period to 2007 in the area outside the Central Leicester Policy Area (CLPA).  The application site is located within the area outside the CLPA.  Consequently, in accordance with the intentions of Policy ALT2 of the Alterations to the Harborough District Plan, it can be concluded that there is no justification which necessitates the release of the Farndon Road site at the present time.  The County Planning Authority is not aware of any material considerations which indicate that any decision should be to the contrary.

 

If and when the site is ultimately released for housing development there would be a requirement under the developer contributions procedure for the developers of the site to provide various highway and transportation facilities to be identified separately by the Director of Highways, Transportation and Waste Management; a contribution to the improvement of appropriate primary schools or the provision of a new primary school; a contribution to the improvement of appropriate secondary schools in the district; a contribution towards enhanced civic amenity site facilities and to provide for improvements to the stock of books and other materials for the library service;

 

(b)       That it be noted that an appeal has been registered with the Secretary of State against the non-determination of the planning application for residential development at Farndon Road, Market Harborough;

 

(c)        That authority be delegated to the County Solicitor, in consultation with the Cabinet Lead Member, to decide at the appropriate time whether the County Council should appear at the Inquiry and to take such action as she considers appropriate, including the engagement of counsel, to represent the County Council’s position at a Public Inquiry.

 

REASON FOR DECISION:

 

To comply with Regulations issued under the Local Government Act 2000.  Reasons for the recommendations on this particular application are set out in Appendix A to the report.

 

The Cabinet considered a report of the Director of Highways, Transportation and Waste Management which set out proposals for rationalisation and improvement of area office and depot facilities, in line with the Leicestershire Highways Initiative and departmental reorganisation.  A copy of the report marked ‘D’ is filed with these minutes.

 

RESOLVED:

 

(a)       That the proposals set out in paragraphs 11 to 20 of the report be approved;

 

(b)       That the capital receipts achieved from the disposal of offices and depots be approved for part financing the improvement programme.

 

REASON FOR DECISION:

 

To provide rationalised and improved office and depot facilities on a cost effective basis, enhancing the overall delivery of highway services.

 

The Cabinet considered a report of the Director of Highways, Transportation and Waste Management which set out the findings of the Highways, Transportation and Waste Management Scrutiny Committee following a Review Panel which looked into road safety, with particular reference to the effectiveness of road safety and speed reducing measures.  A copy of the report marked ‘E’ is filed with these minutes.

 

RESOLVED:

 

(a)       That the Cabinet receive and thank the Highways, Transportation and Waste Management Scrutiny Committee and its Review Panel for the reports set out in Appendix A;

 

(b)       That the conclusions and findings of the Committee set out in paragraph 10 of the Panel’s report and the Committee’s recommendations set out in paragraph 13 of the report therein be approved.

 

REASON FOR DECISION:

 

To identify ways of further improving the effectiveness of road safety and speed reducing measures.

 

(Mr. D.R. Parsons, CC and Mr. D.A. Sprason, CC had declared a personal and non-prejudicial interest in respect of this item).

 

The Cabinet considered a report of the Chief Executive which set out the Proposed Changes to the Milton Keynes and South Midlands Sub-Regional Strategy (MKSM Strategy) and proposals for an appropriate response.  A copy of the report marked ‘F’ is filed with these minutes.

 

RESOLVED:

 

That the comments set out in paragraphs 32 to 48 of the report be approved for submission to the Government Office for the East Midlands as the County Council’s response to the Proposed Changes to the Milton Keynes and South Midlands Sub-Regional Strategy.

 

REASON FOR DECISION:

 

To ensure that the County Council makes appropriate input to a sub-regional planning policy framework for an area adjacent to Leicestershire.

 

The Cabinet considered a report of the Director of Social Services concerning Leicestershire County Council’s recent Social Services Three Star Performance Rating, as announced on 25 November, 2004 by the Commission for Social Care Inspection (CSCI).  A copy of the report marked ‘G’ is filed with these minutes.

 

RESOLVED:

 

(a)       That the contents of the report be noted;

 

(b)       That the Cabinet appreciates that Leicestershire Social Services Department has been awarded Three Stars for its performance for the fourth time running and acknowledges that this achievement would not have been possible without the commitment and dedication of the management and staff.  Accordingly, the views and congratulations of the Cabinet, on behalf of the County Council, be conveyed to all staff in the Social Services Department.

 

REASON FOR DECISION:

 

To inform Cabinet of the judgement made by the Commission for Social Care Inspection in respect of Leicestershire Social Services Department.

 

(Mr. R. Miller, CC and Mr. E.F. White, CC had declared a personal and non-prejudicial interest in respect of this item).

 

The Cabinet considered a joint report of the Chief Executive and Director of Social Services which sought approval to the Joint Public Health Priorities between the County Council and the Primary Care Trust (PCTs) in Leicestershire.  A copy of the report marked ‘H’ is filed with these minutes.

 

RESOLVED:

 

(a)       That the Joint Public Health Priorities between the County Council and the Primary Care Trusts in Leicestershire be approved;

 

(b)       That the Director of Social Services be authorised to adjust the programme of work in relation to the Joint Public Health Priorities to take account of the requirements emerging from the implementation of the proposals in the Government White Paper, “Choosing Health”;

 

(c)        That it be noted that the Health Scrutiny Committee has agreed to base its work programme upon the Joint Public Health Priorities and the need to ensure that the work of that committee complements and supports other activities being carried out towards those objectives.

 

REASON FOR DECISION:

 

The proposed partnership approach, with the focus on the determinants of health, is consistent with the broad responsibilities placed on local authorities in the Local Government Act 2000, to promote the well being of residents of their areas.  The proposed priorities are consistent with the Government White Paper, “Choosing Health” published in November 2004.

 

The Cabinet considered a report of the Director of Education which set out the results of a consultation concerning the education related provisions of the Antisocial Behaviour Act and a locally developed managed moves protocol.  A copy of the report marked ‘I’ is filed with these minutes.

 

RESOLVED:

 

(a)       That the results of the consultation be noted;

 

(b)       That a fixed penalty scheme be established for families of pupils who truant from school and approval be given to the adoption of the draft code of practice set out in Appendix A of the report;

 

(c)        That a publicity campaign be prepared to accompany the introduction of the new powers in January 2005;

 

(d)       That the Director of Education be requested to develop guidance for schools on the use of parent contracts;

 

(e)       That the Director of Education be requested to develop further guidance on the use of parenting orders and the role of “responsible officer”;

 

(f)         That the new managed moves protocol be further developed to include new Government requirements for a protocol for hard to place pupils.

 

REASON FOR DECISION:

 

The proposals are all required by the Department for Education and Skills and received broad support from consultees.

 

The Chairman noted that Mrs. Strong was attending her last Cabinet meeting and would shortly be retiring as Director of Education, and on behalf of all members of the County Council expressed his appreciation for her years of work with the Authority.

 

RESOLVED:

 

That the public be excluded from the meeting during consideration of the following items of business in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972.

 

Item                                                                 Exempt under Paragraph

 

Family Support Services                                          4, 5 and 6

 

Procurement of an Electronic                                  8

Document and Record Management

System

 

Schedule 12(A) – paragraphs 4,5, & 6.

The Cabinet considered a report of the Director of Social Services concerning the Family Support Services, a company with whom the County Council has a contract for the provision of two small children’s homes.  A copy of the report marked ‘J’ is filed with these minutes.  The report was not for publication by virtue of paragraphs 4, 5 and 6 of Part 1 of Schedule 12(A) of the Local Government Act 1972.

 

RESOLVED:

 

(a)       That it be noted that the Family Support Service is in Administrative Receivership;

 

(b)       That the Director of Social Services, in consultation with the Director of Resources and County Solicitor, be authorised to take any action necessary to ensure the continued provision of care for the children/young persons concerned;

 

(c)        That approval be given to such waiver of Contract Procedure Rules as may be required to ensure continuity of provision.

 

REASON FOR DECISION:

 

The Council needs to ensure the continuation of an appropriate level and quality of residential care for children.

 

Schedule 12(A) – paragraph 8).

 

The Cabinet considered a joint report of the Director of Social Services and Director of Resources which set out the progress made in the procurement of an Electronic Document and Records Management System (EDRMS) and sought authorisation to award the contract to a preferred provider.  A copy of the report marked ‘K’ is filed with these minutes.  The report was not for publication by virtue of Paragraph 8 of Part 1 of Schedule 12(A) of the Local Government Act 1972.

 

RESOLVED:

 

That the Cabinet agrees:

 

(a)       To award the contract for an Electronic Document and Record Management System to X, subject to the satisfactory outcome of the negotiations referred to below;

 

(b)       That the Director of Resources, in consultation with the Director of Social Services, be authorised to negotiate the purchase of a corporate licence to enable the introduction of Electronic Social Care Records in the Social Services  Department by October 2005;

 

(c)        To receive a further report detailing the organisational and financial implications of the phased introduction of an Electronic Document and Record Management System across other service areas.

 

REASON FOR DECISION:

 

The value of the contract may exceed the delegated powers of the Director of Social Services and the product selected may be used in other service areas to enable development of a corporate records management system.

 

 

 

 

 

2.30 p.m. – 3.26 p.m.

14.12.04                                                                      CHAIRMAN