The application was approved in accordance with the Case Officer’s recommendation.

The application was approved in accordance with the Case Officer’s recommendation.

The application was approved in accordance with the Case Officer’s recommendation subject to amended conditions.

The application was refused contrary to the Case Officer’s recommendation.

The application was approved in accordance with the Case Officer’s recommendation with amended conditions as set out in the Committee update.

The application was approved in accordance with the Case Officer’s recommendation with additions set out in the committee update.

The application was approved contrary to the Case Officer’s recommendation.

The application was refused contrary to the Case Officer’s recommendation.

To approve a revised Environmental Policy.

That:

The Environmental Policy 2018 at appendix 1 be approved.

To approve the policy for the use of, and determination of projects for, children & families Section 106 (S106) contributions received from housing development schemes that have been implemented in the administrative area of Herefordshire Council

Other than the Planning Obligations Supplementary Planning Document (SPD) there is no policy in place that determines how contributions gained by way of S106 agreements for children & families should be allocated to projects and spent. This policy sets out the principles that will be applied to identify the affected establishments, the level of funding requested, the project to which funding received will be allocated, the governance required and how the project will be managed.

That:

(a)        the policy, at appendix 1, for the use of, and determination of projects for, children and families S106 funding be approved;

(b)        the director for children and families be authorised to take all operational decisions necessary to implement the policy and allocate funding in accordance with the policy criteria.

To approve the Education, development and skills strategy (appendix a) and the Herefordshire school improvement partnership delivery model (appendix b).

The strategy sets out how Herefordshire Council will work with partners, including school and college leaders, early years’ settings, external agencies such as Ofsted and the Department for Education (DfE) and the range of multi-agencies within Herefordshire to raise standards of achievement for children and young people in our county.

The delivery model sets out how improvement will be taken forward by the partnership across the county. The council aims to continue its approach of supported autonomy for schools and settings that has recently positively impacted on educational outcomes with rising standards in the primary phase over recent years.  Close working with the county’s accredited teaching schools is key to developing schools’ pedagogy and practice.

That:

(a)       the Education, Development and Skills Strategy 2018/21 attached at appendix a is approved; and

(b)       the Herefordshire School Improvement Partnership delivery model at appendix b is approved.

To approve a programme of measures to tackle serious organised crime through closer working with the police and other partner organisations through multi agency targeted enforcement.

This will entail additional funding and better resource to more effectively regulate the increasing problem of:

"           Illicit tobacco and alcohol,

"           Criminal landlords exploiting the vulnerable.

"           Awareness raising for the disruption of organised crime and meeting the needs of vulnerable people.

The serious organised crime gangs concerned with the above activities are also likely to be involved in the 'County Lines' phenomenon, whereby drugs enter Herefordshire from the urban areas that surround it. This report therefore also seeks to raise awareness with partner agencies and the public to disrupt this organised crime and help the council meet the health & wellbeing needs of its most vulnerable people and keep them safe.   

That:

(a)               £500,000 additional one off investment in measures to tackle anti-social and serious organised crime be approved to be spent across the areas of:

·      Illicit tobacco and alcohol control – circa £240,000

·      Criminal landlord and anti-social activity – circa £240,000

·      Awareness raising for the disruption of organised crime and meeting the needs of vulnerable people – circa £20,000  

To enter into a development agreement to provide student accommodation on the station approach site.

Cabinet identified, through the one public estate programme, the provision of student accommodation at a council-owned site at station approach as a priority project. On 27 July 2017 Cabinet resolved tobring forward an options appraisal and business case for development of the station approach site as a first phase site of the development and regeneration programme, subject to the council reaching a successful conclusion on the contract negotiations to enter into the overarching agreement, which was achieved in June 2018.

On 27 July 2018 the Cabinet Member contracts and assets authorised the issue of a new project request to Engie, under the terms of the overarching agreement, which specified the council’s requirements and its criteria for the development of up to 220 units of student accommodation on the site;these are capable of being refined as the project moves forward.

A number of workstreams have been progressed since July in order meet a challenging project programme, working back from a scheme which could be open to new students in September 2020. This report updates Cabinet on the output of those workstreams and specifically seeks approval to move the project from Stage 1 (preliminary appraisal stage) to Stage 2 (full business case stage) of the Development and Regeneration Programme, as well as seeking delegated authority to take the project through to legal and financial completion, within the defined parameters set out in this report.

That:

(a)        the council approves the Stage 1 Submission (appendix 1) for the Station Approach student accommodation project, provided by Engie Regeneration Ltd under the development and regeneration programme (DRP), and the project be authorised to proceed into stage 2 of the DRP new project approval process with the Project Criteria, for submission in February 2019, being as follows:

i.          A student accommodation block of up to 180 units;

ii.         A design and specification in line with normal market practice and demand, subject to other criteria set out here;

iii.         A design which is Equality Act compliant and which respects the requirements of students with diverse needs and promotes the wellbeing of all its residents;

iv.        To achieve the earliest possible completion date to align with the commencement of an academic year;

v.         To develop the project in liaison with higher education and further education providers identified by the council including Hereford College of Arts and NMiTE;

vi.        To clarify funding options for the project and recommend a preferred approach;

vii.       To identify options for the asset management of the accommodation;

viii.      To identify ways to provide active frontage and a commercially viable amenity on the site;

ix.        To work with the council to  ensure sufficient public parking supply is maintained and that this is clearly identified for potential users;

x.         To provide a scheme which meets the requirements of BREEAM (Building Research Establishment Environmental Assessment Method) Good or above;

xi.        To provide the council with options for the project to make an enhanced contribution to environmental sustainability, over and above that which would be required by relevant law or existing planning policy;

xii.       To work with the council to develop the evidential framework by which the Stage 2 Submission can be assessed against the council’s requirement to demonstrate best value and meet all other relevant legal obligations.

(b)        a Stage 2 Development Fee of up to £752,648 be approved for underwriting by the council, subject to the terms of the overarching agreement, with an additional contingency of 20% (£150,530) to be released, if required, by the Director for Economy and Place;

(c)        the preferred funding model to the project is for a commercial investor to provide funding for the construction and operational phases (the council to act as guarantor during the operational phases)

(d)        the Chief Finance Officer be authorised to complete legal and financial due diligence on this preferred option during Stage 2, including the selection of a preferred funder and the negotiation of final terms, following consultation with the Cabinet Member Contracts and Assets, the Cabinet Member for Finance and Corporate Services, and the Director for economy and place, and provided that the funding model delivers for the council:

i.          a capital receipt for the leasehold interest in the site that reflects the best consideration that can reasonably be obtained; and

ii.         a best value solution for the project which meets the Project Criteria.

(e)        in the event that acceptable terms cannot be agreed with a commercial investor in accordance with item (c) above by 28 February 2019 and subject to the Stage 2 submission having met the Project Criteria, the Chief Finance Officer be authorised, following consultation with the Cabinet Member Contracts and Assets, the Cabinet Member for Finance and Corporate Services, and the Director for economy and place to secure funding for the project up to a maximum sum of £18m from the council’s capital allocation for the Development Partnership by using the council’s own funds and/or Public Works Loan Board borrowing;

(f)         subject to the Stage 2 Submission meeting the Project Criteria (item a. above) and an acceptable funding model being secured under item (c), (d) or (e) above, authority be delegated to the Director for Economy and Place,  following consultation with the Cabinet Member Contracts and Assets and the Chief Financial Officer, to approve the project for immediate implementation;

(g)        authority be delegated to the acting Director for Economy and Place,  following consultation with the Cabinet Member Contracts and Assets and the Chief Financial Officer, to enter into all necessary legal agreements including as set out in Financing Options and Project Agreements (appendix 2 to this report) and/or the giving of securities or guarantees and take all operational decisions necessary to implement the above within the approved budget;

(h)        the £35k cost of further services commissioned from Engie on 14 August 2018 to address issues with the Welsh Water sewer crossing the site be capitalised as part of the project; and

(i)         a further capital sum of up to £100k is approved for drawing down from the Development Partnership capital budget for council client support to deliver the project, including staff costs, due diligence and financial and legal support.

To approve the acquisition of a limited number of properties to enable the council to help meet some strategic priorities.

The council faces challenges in finding accommodation to meet the needs of some groups of vulnerable young people. Social housing providers have to prioritise commercial considerations and are unwilling to take the risk of letting homes to certain groups.  Therefore, the council must find alternative accommodation solutions which are economic and sustainable in a limited range of circumstances. These include accommodating care leavers and other young people with complex needs, such as chaotic and high risk lifestyles and self harm.

There are several other priority groups and vulnerable people who have accommodation needs and these might be best met through acquisition of property.  These would require further analysis and business case, as part of governance. Capital funding for housing or accommodation will be used only where the council has significant statutory duties and other means of discharging them have been exhausted. In some instances, investment may also provide economic benefits.

It is proposed to purchase properties from the open market and make appropriate arrangements for housing management, usage of rental income and management of risk. It is envisaged that a modest number of properties of different types and sizes would be acquired over the period to 2022.

That:

(a)        the principle of acquisition of properties to meet the needs of care leavers and other people with complex needs be approved,

(b)        authority be delegated to the director for economy and place, following consultation with relevant cabinet members, the director for children and families and the chief finance officer, to approve acquisition of individual properties including those with a value requiring a key decision, and subject to the usual capital funding approval processes.

To provide assurance that progress is being made towards achievement of the agreed revenue and service delivery targets, and that the reasons for major variances or potential under-performance are understood and are being addressed to the cabinet’s satisfaction. Cabinet is asked to review projected revenue and capital outturn for 2018/19 and consider performance for the first six months of the year.

At the end of the first six months of the year there is a forecast revenue overspend of £1,184k, whilst the majority of projects are being delivered to schedule and 52% of performance measures are showing improved or stable performance. Action plans are being developed in relevant directorates to address the in-year pressures.

That:

a)         the projected financial outturn and performance for the first half of 2018/19 are reviewed and cabinet determines any additional actions required to achieve improvement.

To authorise the commissioning of a feasibility study by (or through) Herefordshire Council Property Services for the rebuild of Peterchurch Primary School on its existing site.

This will enable the commissioning of a feasibility study to Royal Institute of British Architect (RIBA) Stage 2 (concept design) by (or through) Herefordshire Council Property Services for the rebuild of Peterchurch Primary School on its existing site and to delegate authority to the Director of Education to commission further design work to RIBA Stages 3 (developed design) and 4 (technical design).

Following provision being made in the capital programme to replace Peterchurch Primary School discussions have been held with interested parties including the primary school, Fairfield High School, local parish council and ward member to identify the most suitable site for the new building. There is now local consensus that it would be most appropriate to seek to rebuild on the current site. The consultation identified some highways and transportation improvements needed to improve traffic flows and access to the Fairfield High School site; these will form the subject of a separate decision.

This report is seeking approval to undertake detailed feasibility work for the rebuilding of Peterchurch Primary School on its existing site, including provision of permanent accommodation for the onsite charitable pre-school and refurbishment of the building housing the school swimming pool and progress all other activity necessary to inform a final decision.

That:

(a)        the director for children and families be authorised to commission feasibility work and take all other steps necessary to inform a further decision on the replacement of Peterchurch primary school and associated on-site facilities on its current site, and determination of the most appropriate route to procurement, within a budget of not more than £180k.

To approve the creation of a Joint Venture company between the council and the University of Wolverhampton to deliver and operate the Centre for Cyber Security at Hereford Enterprise Zone, with associated legal considerations and financial contribution from the council.

The University propose to develop a centre for cyber security located on the Hereford Enterprise Zone. The proposed site will form part of a national ‘Cyber Triangle’with GCHQ Cheltenham and the Government Cyber Centre in Newport, South Wales, and ‘Cyber Valley’ with Worcestershire. It will be an anchor building generating new research and short course opportunities that will feed into training and education in industry and within the University.

The Cyber Centre will be a cutting edge facility because it will offer over 1,000m2 of Research and Development floorspace in 3 cyber laboratories. The Centre will form an integral element of the Wolverhampton Cyber Research Institute where leading research will be conducted with a range of international business partners. Local, regional and national businesses will be able to buy cyber security training, participate in developing new technologies and try new products. This will be a benefit not only for the county’s existing local cyber industries but also local companies more generally which want to improve their cyber resilience.

The University are proposing that the centre for cyber security is undertaken as a joint venture with the council.  It is recommended that the council agree to take a direct role in the development and operation of the centre for cyber security through the establishment of a corporate partnership structure, which is proposed to take the form of a company limited by shares. This is recommended as the best model for the council to ensure that the centre for cyber security is developed as an asset which brings maximum economic benefits into the county and is complementary to other economic activity at the Hereford Enterprise Zone.

In July 2018 Council made provision within the capital programme of £3.5m to support the delivery of the centre for cyber security.

In August 2018 the Director for Economy, Communities and Corporate authorised the project to proceed to a due diligence phase to understand the options and implications for the council of this significant project. That due diligence work has been substantially completed and this report now seeks Cabinet authorisation to establish a joint venture company and related financial arrangements, with the finalisation of negotiations with the University to be delegated to the Acting Director of Economy and Place in consultation with the Chief Finance Officer and the Cabinet Member Economy and Communications.

That:

(a)        the council establishes, as a private company limited by shares, a joint venture company with the University of Wolverhampton to construct and operate a Cyber Security Centre at Hereford Enterprise Zone;

(b)        the council acquires, for £1 per share, a shareholding in the new company of 19% with the remaining 81% shareholding to be acquired by the University of Wolverhampton;

(c)        the council provides a capital loan, on commercial terms, to the new company of £3.5m;

(d)        the council grants to the new company a long term lease of the site identified on the attached redline plan at the South Magazine in the Hereford Enterprise Zone for best consideration and on commercialterms;

(e)        The Acting Director of Economy and Place, following consultation with the Chief Finance Officerand the Cabinet Member Economy and Communications, be authorised to determine, in accordance with the recommendations (a) –(d) above, the terms of the loan, lease, shareholders agreement and other company documents, the extent of the council’s representation on the Board of Directors and to approve the name and incorporation of the company;

(f)           The joint venture company is added to the council’s register of strategic partnerships and list of outside bodies; and

(g)        The Acting Director of Economy and Place be authorised to take all operational decisions necessary to implement the recommendations (a) –(f) above.

To approve nomination arrangements for the allocation of social and affordable rented housing ensuring that the council's statutory duties are met by the housing providers.

Approval is sought for the Nomination Agreement to serve as the standard agreement detailing how the housing associations (referred to in the Nomination Agreement as registered providers) work with the council to house nominees from the council's housing register.  The standard document will be individualised for each provider to reflect the percentage of properties negotiated and minor variations in process. Providers agree to let a proportion of their vacant properties to people nominated from the housing register. The agreed percentage will not fall below the range of between 60% and 75%, with rates of 50% for small numbers of homes which are shown to be difficult to let.

Government guidance indicates that council's should have nomination agreements with each housing association working in their area, covering a range of topics including the percentage of vacant properties available to the council, the grounds for rejecting council nominees and how disputes will be resolved.

The Nominations Agreement has been drafted with regard to the guidance and input from the housing associations through the Housing Allocations Redesign project. It reflects what will happen in practice when the new arrangements are implemented. 

The council will need to sign separate individualised agreements with each of the housing associations who have properties within the county. The associations have agreed the percentages of vacancies to be made available and the process to be used in respect of their association, including review arrangements.

That:

The proposed draft Nomination Agreement at appendix 1 be approved as the standard agreement regulating the relationship between the council and the housing associations in the allocation of social housing.

The DCF introduced the report of the scrutiny working group (as appended to the agenda) which consisted of two members of the committee and received bi-monthly reports of work that was ongoing to reduce the costs associated with looked after children. During the period that the group was in operation up to 80 children and young people had been identified who could be supported in different arrangements  from care including by special guardianship order and return to parents. The number pf looked after children (LAC) in Herefordshire was comparatively high in relation to other Local Authorities. Assessments were being  made as to what was best in respect of each child and young person. The savings proposal for 2018/19 had been considered by the group and it was understood that the savings did not relate totally to the reduction in numbers of looked after children through this work alone but concerned broader aspects of service. The savings proposals would continue into 2019/20 and would focus on revising the financial approach to special guardianship.

Councillor Seldon spoke on the report as a member of the working group and thanked the DCF and the head of the service for Looked After Children for the work they had undertaken. The Group had challenged the savings outlined in the Medium Term Financial Strategy (MTFS) during meetings with the DCF and the report was commended to the Executive.

The committee discussed the points below in the debate that followed:

·         The committee acknowledged the challenges in recruitment of social workers to local authorities across the West Midland. The continuing vacancies for social workers in Herefordshire were raised.  The DCF confirmed that recruitment had occurred over the year and that vacancies were now almost full, a number had been recruited through the West Midlands regional approach which was really welcome, but Herefordshire wanted to permanently recruit staff as well as retain the good staff that it has.

·         The committee welcomes those positive elements of the report including the care orders that had been revoked.

·         The shortage of places locally for children requiring intensive support was raised which was consistent with a national shortage. The DCF explained that there was a current initiative in the West Midlands which had seen local authorities join together, under a scheme originating from the Department of Education, to look at increasing local provision for intensive support.

·         The committee requested that future updates concerning performance against the savings proposal should be reported to the committee.

RESOLVED: that future updates concerning performance against the LAC reduction savings proposal added to the committee’s work programme.

To approve the joint Health, Safety, Wellbeing and Equality Policy statement

There is a legal requirement to have a health and safety statement which is included in the combined health, safety wellbeing and equality policy statement as well as an equality policy statement and these have been combined into one policy statement 

That:

a)     the combined health, safety, wellbeing and equality policy statement at appendix 1 be approved

This report seeks approval for Herefordshire Council to accept the Warm Homes Fund grant offer of £1.069m, to act as the accountable body for the project and to implement the project in accordance with the attached project applications.

Warm Homes funding will enable Herefordshire to support approximately 150 fuel poor households in the county, with the same number potentially supported in Shropshire.

That:

(a)   Herefordshire Council act as accountable body for the £1,068,900 grant funding and delivery of the Warm Homes Fund Project across Herefordshire and Shropshire;

(b)   the scheme criteria set out at paragraphs 11a and bbe approved;

(c)   the chief finance officer be requested to add the £959,830 capital grant funding to the capital programme; and

(d) the Acting Assistant Director for Regulatory, Environment and Waste Services  be authorised to take all operational decisions necessary to implement the scheme including determination of grant applications in accordance with scheme criteria.

To approve the annual  childcare sufficiency report for 2019-2020.  This report sets out key data about childcare provision in Herefordshire and areas for future development in the context of changing national policy and requirements, and local demography.  It provides a strategic overview within which the council, schools, and private and voluntary providers can develop services for the benefit of children and their parents.

That

the childcare sufficiency report and actions for 2019-2020 be approved.