Agenda and decisions

To receive any apologies for absence.

All Members of Cabinet were present.

To approve the Minutes of the Meeting of the Cabinet held on 5 November 2024.

RESOLVED – That the Minutes of the Meeting held on 5 November 2024 be approved as a correct record.

Members will be asked to advise if there are any items on the Agenda in which they have a disclosable pecuniary interest, or any other interests, which may prevent them from participating in the discussion or vote on any of the items.

Most agenda items will be considered in public session, however, it shall be advised whether the Cabinet will consider any matters in private, by virtue of the reports containing information which falls within a category of exempt information as contained at Schedule 12A of the Local Government Act 1972.

The Cabinet will receive any petitions and/or deputations from members of the public. A deputation is where up to five people can attend the meeting and make a presentation on some particular issue of concern. A member of the public can also submit a petition at the meeting relating to a matter on which the body has powers and responsibilities.

In accordance with Council Procedure Rule 10, Members of the Public must submit a deputation in writing, at least three clear working days in advance of the meeting and shall subsequently be notified if the deputation shall be heard. A maximum of four deputations shall be heard at any one meeting.

To receive any public questions.

In accordance with Council Procedure Rule 11, the period for the asking and answering of public questions shall not exceed 15 minutes.

Any questions must be submitted in writing at least three clear working days in advance of the meeting.

Cabinet will receive any questions from Elected Members.

In accordance with Executive Procedure Rule 2.3 (2.3.1.6) a period of up to 30 minutes will be allocated.

To consider the future of Council operated dementia care home provision.

Contact: Saf Bhuta, Head of In-House Care Provision

(Exempt information is detailed in an appendix to the attached report.

Consideration must be given to whether the public and press should be excluded from the meeting prior to the determination of the matter to enable the exempt information to be discussed by passing the following resolution: -

To resolve that under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of 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.)

RESOLVED –

1)    That the outcome of the consultation as at Appendix 1 and 2 of the considered report be noted.

2)    That the content of the Integrated Impact Assessment, including mitigating factors, be noted.

3)    That approval be given to pursue the transfer of the homes as a going concern.

4)    That authority be delegated to the Executive Director for Adults and Health, in consultation with (i) the Cabinet Member for Adult Social Care (ii) the Cabinet Member for Finance and Regeneration (iii) the Service Director – Legal, Governance and Commissioning and (iv) the Service Director – Finance to:

(i)             progress negotiations with potential bidders through a Best and Final Offer stage and select a preferred bidder

(ii)            complete the legal transfer of two residential care homes as a going concern, subject to the satisfactory outcome to negotiations with the preferred bidder.

5)    That authority be delegated to the Service Director - Legal Governance and Commissioning to enter into formal legal agreements and other documentation required to implement the decision of Cabinet.

6)    That, in the absence of a successful outcome of the Best and Final Offer stage of the transfer process a further report be considered by Cabinet.

To consider options regarding the future of Cleckheaton Town Hall.

Contact: David Martin, Head of Service - Property

(Exempt information is detailed in an appendix to the attached report.

Consideration must be given to whether the public and press should be excluded from the meeting prior to the determination of the matter to enable the exempt information to be discussed by passing the following resolution: -

To resolve that under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of 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.)

RESOLVED –

1)    That the detailed options, as outlined in Section 2 of the considered report, be noted.

2)    That the capital and revenue implications of each considered option, along with the condition information and development appraisal (Appendix A and B), be noted.

3)    That approval be given to Option 5, which seeks to engage the community in the day to day management, running and operation of Cleckheaton Town Hall, through a full repair and insurance lease, which commits the successful community group to cover the revenue operational costs of the building, and requests that the group identify a capital investment plan with appropriate sources of funding, whereby ownership would be retained by the Council.

4)    That authority be delegated to the Executive Director of Place, in consultation with the (i) Cabinet Member for Regeneration and Finance (ii) the Service Director - Finance and the (iii) Service Director - Legal and Commissioning to:

(i)             Consider and award, if required, a revenue grant in accordance with the Council’s Financial Procedure Rules to interested community group(s) to support the development of an appropriate business plan.

(ii)            Manage and review progress against the development of a revenue and capital business plan and the timeframes shown below during the three stages of the process - (1) Expression of Interest within one month of the invitation being advertised followed by (2) an application with Business Case within a further three months and (3) preparation of a report to return to Cabinet for consideration of the outcomes of the first two stages within a further two months.

(iii)          Ensure adequate provision is in place for all revenue and capital expenditure required to support the successful business plan.

(iv)          Negotiate and agree terms of the management agreement and/or full repair and insurance lease and any other documentation required.

5)    That approval be given to the continued retention of the building in a mothballed state during 2025, as necessary, to enable the community to bring forward a successful business case for the future operation of the town hall.

6)    That Officers be diligent in their consideration of any business cases submitted ensuring that any potential detrimental impact on other existing Council and 3rd sector operated facilities and venues was clearly shown and mitigations identified, if possible, to lessen the impact.

7)    That it be noted that Officers will submit a report to Cabinet in line with the stated timescales for further consideration and a decision following receipt of any applications and business cases from group(s) interested in moving forward with Option 5 as described within the report.

8)    That considerable flexibility be applied to the timescales that are set out in the report, as appropriate.

9)    That consideration be given to the potential use and allocation of Town and Village funding for scheme.

To consider the Council’s proposed Budget Report 2025/2026.

Contact: Kevin Mulvaney, Service Director – Finance

RESOLVED –

1)    That it be noted that in relation to the General Fund Revenue, the Proposed Budget for 2025/26 presented within the considered report is based on the approval and delivery of £11.4m of new savings for 2025/26 as set out at Appendix D.

2)    That it be noted, that at this stage, based on assumptions arising from the Chancellor’s budget and the subsequent policy statement, the budget is balanced.

3)    That in noting that a balanced budget must be set no later than 10 March 2025, should the final local government finance settlement vary from the assumptions at (2) above, then further savings may be required.

4)    That approval be given to a consultation on the Proposed Budget for 2025/26, including a proposed 2.99% increase in core Council Tax and a 2% increase in the Adult Social Care precept.

5)    That the forecast spending and funding plans for the 2025-26 period as set out at Appendix B, be noted.

6)    That the forecast levels of statutory and other Council reserves, as set out at Appendix C be noted.

7)    That the Council’s participation in the Leeds City Region Business Rates Pool for 2025/26 be noted.

8)    That, pursuant to (7) above, authority be delegated to the Chief Executive and Service Director – Finance, in consultation with the Leader and Cabinet Member, to agree the governance arrangements for 2025/26, for approval through the Business Rates Joint Committee as outlined in section 2.6 of the considered report.

9)    That in relation to Capital, approval be given for consultation on the updated Capital Plan for 2024-32 as set out at Appendix E.

10)That in relation to the Housing Revenue Account, the proposed budget including rent and service charges increases for the Housing Revenue Account, as set out at Agenda Item 11, be noted.

To consider the annual rent and service charge inflationary uplift for 2025-2026.

Contact: Jacqui Fieldhouse, Head of Finance – Homes and Neighbourhoods

RESOLVED –

1)    That approval be given to the uplift of the proposed rents by an average of £2.30 per week (2.7%) and service charges payable by between 0.01p and £0.48 per week (2.7%) for social housing from 1st April 2025.

2)    That approval be given to introduce a service charge for communal grounds maintenance services capped at £1.00 per week each year until full cost recovery is achieved.

3)    That approval be given to the charges for Extra Care Services – Intensive Housing Management to be uplifted by between £1.92 and £4.90 (6.7%) and Extra Care Services – Night Care Service to be uplifted by £1.48 per week (6.7%).

4)    That the national and local financial challenges outlined as part of the HRA budget proposals for 2025-26 be noted.

5)    That authority be delegated to the Executive Director of Place in consultation with the Deputy Leader of the Council (Cabinet Member for Transport and Housing) to approve the rate for personal charges for Sheltered Heating and District Heating.

6)    That the updated Capital Plan for 2024-2033, as set out at Appendix 3 of the considered report, be recommended to Council for approval.

7)    That the draft HRA Budget for 2025/2026, as set out at Appendix 2 of the considered report, be recommended to Council for approval.

To receive the Corporate Financial Monitoring Report, Quarter 2.

Contact: James Anderson, Head of Accountancy

RESOLVED –

1)    That the forecast revenue outturn position at Quarter 2 for 2024/25 (£9.9m overspend) be noted, and that Executive Directors bring forward sustainable proposals to reduce the overspend to bring the budget back into balance.

2)    That it be noted the DSG deficit was forecast to increase by £20.6m in 2024/25 as set out in the Quarter 2 forecast.

3)    That the Quarter 2 forecast HRA position (£72k surplus) and forecast year-end reserves position of £20m be noted.

4)    That in noting the Quarter 2 forecast capital monitoring position for 2024/25, approval be given to the re-profiling of £67.6m (£62.9m General Fund and £4.7m HRA) of the 2024/25 capital plan into future years.

5)    That approval be given to the £2.4m net increase in the overall capital plan due to £4.7m increased grant and to reduce borrowing by £2.3m (£1.8m 2024/25, £0.5m 2025/26) as set out at Appendicies 1 and 3 of the considered report,

6)    That the Quarter 2 treasury management prudential indicators as set out at Appendix 1 of the report, be noted.

To receive the Quarter 2 2024/25 Council Plan and Performance Update.

Contact: Mike Henry, Head of Data and Insight

RESOLVED – That the Quarter 2 (2024/2025) Council Plan and Performance Update Report be noted.

To receive the corporate risk management report for the second quarter of 2024/25.

Contact: Martin Dearnley, Head of Audit and Risk

RESOLVED – That the Quarter 2 (2024/2025) Corporate Risk Report be noted.

To receive an update on the use of the Regulation of Investigatory Powers Act 2000.

Contact: David Stickley, Senior Legal Officer

RESOLVED – That the Annual RIPA report be noted.