Agenda and minutes

To receive apologies for absence from those Members who are unable to attend the meeting.

Apologies were received from Councillor John Taylor.

To approve the Minutes of the meeting of the Panel held on 10 Janaury 2023

The Panel considered the Minutes of the meeting held on 10 January 2023. The Panel noted a few typographical amendments (i) Councillor McLoughlin Page 1 (ii) health and safety executive Page 6 (iii) Jonathan Milner’s (Co-optee) apologies be recorded Page 1. 

RESOLVED: That the Minutes of the meeting held on 10 January 2023 be approved as a correct record subject to the above amendments.

The Councillors will be asked to say if there are any items on the Agenda in which they have disclosable pecuniary interests, which would prevent them from participating in any discussion of the items or participating in any vote upon the items, or any other interests.

No Interests were declared.

Most debates take place in public. This only changes when there is a need to consider certain issues, for instance, commercially sensitive information or details concerning an individual. You will be told at this point whether there are any items on the Agenda which are to be discussed in private.

All items were considered in the public session.

The Panel will receive any petitions and hear any 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 hand in a petition at the meeting but that petition should relate to something on which the body has powers and responsibilities.

In accordance with Council Procedure Rule 10 (2), Members of the Public should provide at least 24 hours’ notice of presenting a deputation.

No deputations or petitions were received.

The Panel will hear any questions from the general public.

No questions were received from the public.

The Panel will receive a report setting out an update in respect of the Public Space Protection Orders (PSPO) Review project progress.

Contacts:

Daisy McMurdo, Project Manager                       
Sabina Arshad, Greenspace Environmental Action Manager
Will Acornley, Head of Operational Services     

The Panel considered the report ‘Public Space Protection Orders (PSPO) Review Update’presented by Will Acornley, Head of Operational Services, Environment and Climate Change. The Panel were advised that:

• PSPOs were a range of powers that supported Local Authorities to tackle anti-social behaviour (ASB) locally.
• PSPOs aimed to keep communities free from anti-social behaviour through prohibiting activities that were persistently detrimental to communities.
• Kirklees Council introduced PSPOs in 2017 for a period of 3 years to 2020. They were then extended for a further 3 years in 2020 to 2023.
• Enforcement Officers within the Greenspace Action Team dealt with PSPO interventions daily with the majority having a positive outcome of stopping ASB activities occurring before a Fixed Penalty Notice had been issued.
• Since 2017, 97 Fixed Penalty Notices had been issued due to the continuation of ASB after officer intervention.
• The current PSPOs were to expire on 2 April 2023 unless they were reviewed and renewed or amended.
• The review process identified 9 PSPO’s which were due to expire.
• Legal tests for the original orders were reviewed with key stakeholders, and evidence was collated for supporting, retaining, or discontinuing the PSPO’s.
• Public Consultation was held 12^th December to January 15^th, 2023, including a survey to gather additional evidence and public opinion.
• The review process was now in its final stages where the decision would be made to authorise the PSPO’s.
• Consultation was held around an amendment to the Control of Fires and BBQ’s PSPO.
• The amendment was to allow for the exclusion of events through the Safety Advisory Group process for organising events, allowing the Council to provide an exclusion for community group organised events and improve efficiency in the process.
• The recommendations were arising from the public consultation was to support the amendment.
• Another change proposed was to discontinue the Public Urination and Defecation PSPO as there were other bodies, such as the police, with direct enforcement power around such issues.
• Public feedback however was in favour of retaining the Public Urination and Defecation PSPO and this recommendation arising from consultation was to be taken forward.
• The next steps were for the PSPO’s to be signed off by Officer Delegated Approval report ahead of 2^nd April 2023 for a further 3 years.
• The next statutory review date was to be 3 years from the date of the sign off of the 2023 Orders.

The Panel noted the presentation and agreed on the amendment to the Control of Fires and BBQ’s PSPO but raised concerns about how this might create the wrong public perception around fires and BBQ’s and the importance of protecting the moorlands. The Panel also wanted to know what steps had been taken to mitigate this and if West Yorkshire Fire Services had been consulted on the amendment.

In response, Will Acornley provided reassurance that the purpose of the amendment was for Council controlled events spaces only and that the moorlands would not be included. Will also clarified that partners including the West  ...  view the full minutes text for item 7.

The Panel will consider the outcomes of the public consultation on the Affordable Housing and Housing Mix SPD and the draft council response to key issues ahead of the Cabinet date for a decision on the adoption of the SPD (14 March 2023).

Contact:

John Buddle, Team Leader Planning Policy

The Panel considered the Affordable Housing and Housing Mix Supplementary Planning Guidance (SPD) (Post Consultation update) presented by John Buddle, Planning and Policy Team Leader. Councillor Graham Turner, Cabinet Member for Regeneration was also in attendance. The Panel were advised that:

·         Responding to recommendation made by the Panel when previously considering the SPD, the purpose of the report was to update scrutiny on the outcomes of the public consultation to the SPD and the timeline for the adoption of the SPD. 

·         SPDs were produced to add clarity in relation to the application of planning policies set out in the Local Plan.

·         Once adopted SPDs were a material consideration in planning decisions but were not part of the development plan.

·         SPDs were subject to consultation but not an Examination in Public.

• The draft SPD provided guidance on the implementation of the Kirklees Local Plan Housing Mix and Affordable Housing Policy (LP11).
• This aimed to ensure the provision of affordable housing in new housing developments (20% of units on sites larger than 10 dwellings) and ensure that the housing mix met local needs.
• This included a particular focus on, Housing mix to reflect local needs, updating Transfer Values and Town centres.
• The Housing Mix put forward had been individualised to suit the needs of each sub area of Kirklees (i.e.- Batley and Spen, Dewsbury and Mirfield, Huddersfield North, Huddersfield South and Kirklees Rural East and Kirklees Rural West).
• The principals set out in the SPD were:

-       Principle 1: Market Housing Mix (increased level of detail than existing SPD)

-       Principle 2: Approach to affordable housing calculations (Existing SPD refresh)

-       Principle 3: Affordable Housing types and Mix (increased level of detail than existing SPD) 

-       Principle 4: First Homes, Starter Homes and Discounted Market Sale (New section)

-       Principle 5: Design (Existing SPD refresh)

-       Principle 6: Affordable housing delivery (Existing SPD refresh)

-       Principle 7: Transfer Values – the amount that a registered provider pays the developer (Existing SPD refresh and updating evidence)

-       Principle 8: Provision of affordable homes off-site (Existing SPD refresh)

-       Principle 9: Town Centres (New section to the SPD)

-       Principle 10: Huddersfield Town Centre (New section to the SPD)

-       Principle 11: Dewsbury Town Centre (New section to the SPD)

·         A presentation on the approach within this SPD was presented to the Panel on 30 August 2022.

·         Key comments received at the previous Scrutiny session included;

-       Space for working from home.

-       Affordable housing definition.

-       How affordable housing can be secured in perpetuity.

-       Viability issues.

·         It was also requested that the Panel be updated with the outcome of the consultation.

·         Consultation took place for 6 weeks (20September to 1 November 2022) this was undertaken in line with the statement of Community Involvement.

·         The Consultation included an interactive online system, posters, press releases ‘mail-outs’ to individuals who had previously expressed interest in SPD’s and all elected members were also contacted.

·         Overall, 71 comments were received from 19 consultees which was in  ...  view the full minutes text for item 8.

The Panel will consider a presentation setting out an update on the Future of Housing Homes and Neighbourhoods

Contact:

Naz Parker, Service Director , Homes and Neighbourhoods

The Panel considered the presentation ‘Future of Housing Homes and Neighbourhoods’ which set out progress and developments within the service following the transfer of the previous ALMO- Kirklees Neighbourhood Housing (KNH) into Council Management which was presented by Naz Parker, Service Director – Homes and Neighbourhoods. Councillor Cathy Scott, Deputy Leader and Cabinet member for Housing and Democracy was also in attendance. It was noted that:

·         In April 2021, the ALMO transitioned to Council Management but prior to this the Council were notified of fire safety risks in some high-rise properties.

·         As a result of fire safety issues in May 2021 the Council self-referred to the Regulator for Social Housing.

·         In June 2021, the ad-hoc scrutiny panel was established to review health and safety in the housing stock.

·         Since the introduction of the social housing white paper the regulatory environment was fast changing.

·         This led to a ‘Triumvirate of Regulation’ which included the Regulator for Social Housing, the Housing Ombudsman and the Building Safety Regulator

·         Progress Since the Transfer included:

o   In becoming more data led, oversite of key challenges and priorities were maintained.

o   These were, tenant safety, the Decent Home’s Standards (including issues around damp and mould) tenant satisfaction, systems and data integrity and culture.

o   Residents were being kept safe through the ‘Waking Watch’ and Fire Door Programmes.

o   The building safety inspection/reinspection programme was well embedded.

o   There was a constructive, open and transparent dialogue with the Regulation Partner.

o   Strong Governance arrangements had been established but were to continue to be strengthened.

o   This process included taking into account the recommendations from the ad-hoc scrutiny panel/external independent review.

·         The Ad-hoc Scrutiny Panel:

o   The report from the ad-hoc scrutiny Panel was considered by Cabinet on 21^st December 2022 and 17 recommendations were endorsed.

o   The recommendations broadly related to greater political oversight, robust policies and improvements to IT systems and data.

o   Some recommendations also linked to the wider compliance review.

o   The recommendations were now included in an action plan with timescales for implementation.

o   The progress made on recommendations would be reported to the Homes and Neighbourhoods Improvement Board.

o   A 12-month update would also be presented to the Overview and Scrutiny Management Committee to report on progress.

·         Progress on High Rises

o   In July 2021, Cabinet gave approval to the strategy for remediation and renewal

o   The risk profile had been lowered and there had been a focus on high-risk Fire Safety works.

o   Some of the work completed included the installation of fire doors, architraves to flats and fire retardant windows.

o   There were also other mitigations such as 24 hour CCTV, the Waking Watch and regular checks.

o   In relation to Harold Wilson Court Cabinet had approved a £3.5m remediation strategy.

o   This included plans to remove and replace external wall insulation, install a sprinkler system and carry out further compartmentation works. 

o   The estimated start for works on site was anticipated for April/May 2023.

o   In relation to  ...  view the full minutes text for item 9.

The Panel will consider its work programme for 2022/23.

Contacts:
Jodie Harris, Principal Governance and Democratic Engagement Officer

The Panel considered its work programme for 2022/23. The Panel were advised that discussions were being held with the West Yorkshire Combined Authority (WYCA) around the consideration of the future of bus patronage, but it was important to be mindful that this issue fell within WYCA’s remit and the Combined Authority had its own scrutiny functions.

In response to the Panel’s request to add consideration of the White Rose Forrest to the Work Programme Councillor Smaje advised that the Panel may review the Annual Flood Risk report due to be considered at the next meeting of the Overview and Scrutiny Management Committee to inform what was to be taken forward in this area by the Panel in the new municipal year.

RESOLVED: The Panel noted the work programme for 2022/23 and it was agreed that:

1.    White Rose Forrest be added to the work programme for consideration in the new municipal year.