Decisions

To increase Trade Waste Fees & Charges inline with inflation and benchmarking against Private Companies and other Local Authority’s to be effective from 01^st April 2024. This will include the following services:

·       Special Collections

·       Street Cleaning

·       Replacement bin sales (Commercial)

·       Skips & Bulky containers

·       Trade Wheeled Bins

·       Trade Recycling Service

This decision was taken to increase prices for the service inline with inflation and following a benchmarking process with private companies and other local authorities to cover costs, increase revenue and contribute to reducing the council’s deficit.

To award a new replacement Liquid Fuels contract. Current incumbent supplier contract expires on 23rd Nov 2023.

To proceed with procuring a new replacement Liquid Fuel’s 2-year contract, with provision to extend for a further 2 x 12 periods, awarded through YPO’s collaborative procurement exercise.

RESOLVED: that the objections to the amendments to the existing speed limit on A644 Mirfield be overruled, and that the proposals be implemented as advertised.

No public questions were received

Apologies for absence were received from Councillors Bamford and Pervaiz.

Councillor Sokhal substituted for Councillor Pandor.

Approved as a correct record.

None declared.

Determined.

None received.

No questions were asked.

Site visit undertaken.

Application approved (delegated).

That approval be given to make a Definitive Map Modification Order under section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 to record Moor Lane, between Farnley Road and Manor Road, Farnley Tyas, as a restricted Byway on the Definitive Map and Statement, and that a further report be submitted to a future meeting to consider the Council’s position on confirmation of the Order.

That approval be given to make a Definitive Map Modification Order under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981to record a public footpath on the Definitive Map and Statement from Definitive Public Footpath 55/10 at Upper High Fields to Woodsome Road at Farnley Tyas, Kirkburton on the Definitive Map and Statement and to confirm the order if unopposed, or support confirmation of the Order if opposed.

Application approved (delegated).

Site visit undertaken.

Item not considered.

(Meeting terminated in accordance with Council Procedure Rule 16(2).)

Council received written questions in accordance with Council Procedure Rule 12.

RESOLVED

1)    That Council approves the commencement of a full update of the Kirklees Local Plan in accordance with the statutory process as set out in the Town and Country Planning Regulations 2012.

2)    That Council approves the funding of the update of the Kirklees Local Plan, estimated at £2m over a five year period, including utilising funding from the Leeds City Region Business Pool and other funding sources.

Item not considered.

(Meeting terminated in accordance with Council Procedure Rule 16(2).)

The Elected Mayor of West Yorkshire was in attendance for the key discussion and provided an overview of her priorities, prior to a question and answer session.

Council received public questions from Carl Mason, David Longstaff and Lesley Warner.

1)    Council received the following deputations;

(i)             Sara Blagbough (regarding the potential closure of Castle Grange Care Home)

(ii)            Philip Gott (regarding the future of Batley Owls)

(iii)          Tim Gilligan (regarding the Council’s cuts to services)

(iv)          Surraya Patel (regarding sports provision in Dewsbury)

2)    No petitions were submitted.

Council received the following petitions;

(i)             Councillor A Pinnock - Cleckheaton Town Hall End to neglect and delay to repairs

(ii)            Councillor Kendrick - Stop the Closure of Claremont House

No interests were declared.

Approved as a correct record.

Apologies for absence were received on behalf of Councillors Bolt, P Davies, D Firth, D Hall, Dockrat, Mather, Sheard and Pervaiz.

The Mayor conveyed congratulations to Omaid Badar for achieving recognition as national Social Worker of the Year at the Social Worker of the Year Awards, and to Vicky Doolan who was shortlisted for the award. Congratulations were also conveyed to Christopher Smith Whicker who was shortlisted for Practice Educator of the Year.

The Mayor advised Council that, following a recent Ofsted inspection, the University of Huddersfield’s Apprenticeship division had been judged as ‘outstanding’. The Mayor congratulated the University upon this outcome, which was the highest grade that the University could have been awarded.

Council noted the Minutes of West Yorkshire Combined Authority.

Item not considered.

(Meeting terminated in accordance with Council Procedure Rule 16(2).)

Motion approved, as amended;

This Council notes that:

1)    Small Business Saturday is an annual event which was created to encourage consumers to ‘shop local’, in person and online, and to support small, independent businesses in their communities;

2)    Small Business Saturday 2023 is coming up on Saturday 2^nd December. Small Business Saturday has grown into a significant event – with £1.1 billion spent at small businesses during the 2020 event alone;

3)    This is an excellent opportunity to promote small businesses in Kirklees and to celebrate the contribution smaller businesses make to our district.

This Council believes that:

1) Small businesses are the heart and soul of our local high streets. They help give our villages and towns in Kirklees their unique character and employ thousands of local people. It is only by supporting our local independent businesses that we can also help our local high streets thrive;

2) Now, more than ever, we need to be supporting our small businesses and local shops, who are currently experiencing enormous challenges, including economic, political and social uncertainty, the cost-of-living crisis and impact on consumer spending, the rising cost of bills and a reduction in profit margins due to inflation. A side effect of rising inflation is higher interest rates, which has an impact on borrowing and enabling businesses to access finance, including business loans. According to recent reports, UK high street businesses could face a quadrupling of their tax bills next year and close to a £2 billion increase in business rate payments;

3) Local businesses are vital to local economies – they are significant creators of jobs and are more likely to hire people who live locally. The money spent at a local business is more likely to stay in the community. They are the backbone of our communities, bringing people together and building local character. However, many small businesses will close unless we support them better.       

This Council resolves to:

1)    Call upon the Government to replace the outdated business rates system with a modern system of fair business taxes, that recognises the challenges and difficulties for new and start-up businesses.

2)    Request that Officers work closely with local business organisations and smaller enterprises across Kirklees to make them aware of Small Business Saturday and encourage them to sign up.

3)  Ensure that Small Business Saturday is promoted prominently on the

     Council’s website, social media channels and other external   

     communications.

4)    Develop a year-round communications plan to continue promoting local small businesses and encouraging residents in Kirklees to shop local all year round.

5)    Request that the Government takes action to ensure the scourge of late payments which can decimate small business cash flow and should be tackled with meaningful legislation.

6)    Request that appropriate measures should also be introduced to ensure small business can access public contacts in a simpler way, to ensure the playing field is level with large companies whose resources allow them an unfair advantage.

7)    Notes that Officers and Portfolio Holders are looking at ways to encourage shoppers into town in the run up to Christmas by looking at what options are available.

Item not considered.

(Meeting terminated in accordance with Council Procedure Rule 16(2).)

RESOLVED – That Councillor Pandor be appointed as Chair of the Growth and Regeneration Scrutiny Panel for the remainder of the municipal year.

RESOLVED:

1.    That the decision taken in relation to Care Phones be freed for implementation.

2.    In respect of the decision set out in (1) above the Panel offer the following comments in relation to the Areas of Focus outlined in the Notice of Call-In:

Relevant Considerations: Impact

The Panel note that the impact assessment was undertaken but would request that the stage 2 assessment should be published along with the decision. The Panel further notes that the Public Sector Equality duty is met and recognises the means testing element of the charging and the enhanced offer to all service users from the move to a digital system.

Consultation

With regard to consultation, the Panel note that the Co-production Board had been approached in relation to the changes. It is noted that the change in provision is not substantial and will not result in the removal of any elements that are currently provided.

As part of the delivery of the service the Panel encourage ongoing engagement with service users and carers to deliver the digital offer.

Options

The Panel are satisfied that the alternative funding streams had been considered and are content that the means tested model offers the fairest way of funding provision.

In 2018, the NHS Staff Council agreed to reform the NHS Pay Structure over a three year period covering April 2018 – March 2021. Between the period April 2018 and March 2020, public health service providers that are commissioned by Local Authorities have been able to seek remuneration in relation to the additional Agenda for Change pay costs directly from the Department of Health and Social Care.

The Public Health ring-fenced grant for 2020/2021, included an adjustment to cover the estimated additional Agenda for Change pay costs of eligible staff working in organisations commissioned by Local Authorities to deliver public health services.

The announcement in March 2023, of the Public Health Grant allocations to Local Authorities for 2023/24 will continue to be subject to conditions. The terms of the Public Health Grant allocation for 2023/24 from the Department of Health and Social Care informed the grant is required to cover all pay pressures for 2023/24, including the impact of NHS pay settlements. Funding previously allocated to reflect the additional costs to local authorities of the 2018 NHS pay settlement is now fully baselined as part of the Grant. Arrangements were put in place by NHS England to help manage the in-year impact of additional NHS pay costs in 2022/23, on a non-recurrent basis. The expectation is that ongoing funding for this pressure will be managed through local authority commissioning streams.

NHS Staff Council voted to accept the pay offer on 2 March 2023 made by the Government in mid-March. The NHS has asked the Government to implement the pay offer as soon as possible, with the expectation that staff will see both the lump sum and the new 2023/24 pay rates in the June salaries.

Under the NHS pay deal announced in March 2023, Agenda for Change staff will also receive a non-consolidated award of 2% of an individual’s salary for 2022 to 2023. This was not factored in by NHS England for the in- year impact of the pay award in 2022/23. 

Approval for the annual contract amount for the Integrated 0-19 Healthy Child Programme - to be increased by £125,00 in relation to the 2023/2024 NHS salary uplift (Agenda for Change).

Cabinet approved the HDEN Outline Business Case in September 2022 and provided delegations in order for the Council to procure specialist support to deliver the HDEN Full Business Case.

A compliant direct award procurement route has been identified and agreed for this commission to appoint AECOM Ltd via the Crown Commercial Services (CCS) Construction Professional Services RM 6165 (CPS) framework. This procurement route has been agreed with the relevant internal stakeholders (Procurement and Risk).

This decision will take effect immediately (July 2023) and authorises the Council’s legal officers to make the appropriate contract arrangements to enter into contract with AECOM Ltd. 

September 2022 Cabinet report re. HDEN:

https://democracy.kirklees.gov.uk/ieDecisionDetails.aspx?AIId=20659

To enter into contract with AECOM Ltd via the CCS CPS framework, for the purposes of delivering the HDEN Full Business Case/Commercialization stage.

The report will outline the recent review of tariffs/charges and make a recommendation to revise existing tariffs and introduce new charges.

The report notes that tariffs / charges have not been increased since 2009.

The report will recommend implementation in January 2024.

RESOLVED –

1)    That approval be given to introduce new parking charges and that a statutory consultation process in relation to new charges will be undertaken in order to do this.

2)    That approval also be given to increase existing parking charges by inflation, retrospectively and that in addition a non-statutory engagement and consultation process in relation to increased charges will be undertaken.

3)    Note that in accordance with usual procedures, on completion of the consultations, a report will be submitted to Cabinet Committee Local Issues for consideration in relation to the Traffic Regulation Order.

4)    That authority be delegated to CCLI for the decision prior to implementation of revised charges.

5)    That it be noted that any future annual revisions of car parking tariffs / charges may be delegated to the relevant Service Director responsible for the Parking Service, in accordance with the Financial Procedure Rules.

The item seeks a decision to replace the council’s core data network hardware in line with the Technology Strategy.

The council’s current data network was designed around the provision of a public sector network (PSN) nine years ago. The network infrastructure was underpinned by open public networks provided by City Fibre and Openreach. 85% of Kirklees residents now have gigabit-capable network connectivity in their homes because of the council’s previous investment.

The core network hardware needs to be replaced to continue to provide resilient and available infrastructure for the next seven years in line with the ambition in the Technology Strategy. The core network underpins services across Kirklees and will link the town centres of Huddersfield and Dewsbury via private fibre to provide ultra-fast connectivity between both locations.

The data network contract provides a managed Public Sector Network (PSN) compliant service to over 200 corporate sites and 8000 users.

Background papers:

Previous decision regarding capital refresh budget for IT at Cabinet 14th June 2022:https://democracy.kirklees.gov.uk/documents/s46405/IT%20Capital%20-%20Cabinet%20Report%20005.pdf

RESOLVED –

1)    That approval be given to proceed with procurements for the core network hardware and the corporate data network services in line with the Technology Strategy and to ensure that procurements are delivered within existing capital and revenue budgets.

2)    That approval be given to provide data network services into existing library and information centres, children’s centres, and community centres and that the contract will include options for more cost effective connections and aim to provide social value tariffs for community based assets across Kirklees.

A review of the Council’s existing tree and woodland management policy identified that it now requires reviewing, and updating. This review work resulted in a redevelopment of the existing documents to provide a new progressive policy. Reflecting new national policy and better aligned with current Kirklees’ commitments and corporate goals.

Engagement and consultation has been undertaken with the new document package now drawn together into a finalised draft. Including Policy Statements, an updated Risk Framework, Management Standards and Service Standards.

This new, replacement, policy suite now requires Cabinet consideration with a view making a decision on:

-       If the policy should be formally adopted.

-       If adopted, delegating the authorisation of future updates and revisions, to the Service Director for Highway and Street Scene. To allow the document to be kept up to date and aligned with any changes to national or local policies, legislation, and guidance during the life cycle of the Council Owned Tree and Woodland Management Policy. As per the review schedule set out at section 14 of the new policy document suite. 

Background Papers: Draft Council Owned Tree and Woodland Management policy (with the draft Tree Risk Framework, Management Standards, Service Standards embedded within it). 

RESOLVED – That the Council Owned Tree and Woodland Management Policy be adopted and that authority be delegated to the Service Director for Highways and Streetscene to make any future updates to the policy document.

To provide an update on progress with housing delivery across the district.

Background Papers;

Cabinet Report – Housing Delivery Plan. Approved 29th August 2018 https://democracy.kirklees.gov.uk/documents/g5703/Public%20reports%20pack%2029th-Aug-2018%2016.00%20Cabinet.pdf?T=10

Cabinet Report – Dewsbury Riverside Masterplan. Approved 19th March 2019

https://democracy.kirklees.gov.uk/documents/g5613/Public%20reports%20pack%2019th-Mar-2019%2016.00%20Cabinet.pdf?T=10

Cabinet Report – Housing Delivery Plan Update.  Approved 20^th January 2020

https://democracy.kirklees.gov.uk/documents/g6297/Public%20reports%20pack%2020th-Jan-2020%2010.00%20Cabinet.pdf?T=10

Dewsbury Riverside Development Strategy.  Approved 25^th February 2020

Agenda for Cabinet on Tuesday 25th February 2020, 4.00 pm | Kirklees Council

Cabinet Report – Housing Delivery Plan Update. Approved 27^th June 2023

Agenda for Cabinet on Tuesday 27th June 2023, 2.00 pm | Kirklees Council

RESOLVED –

1)    That in relation to Dewsbury Riverside, authority be delegated to the Service Director – Skills & Regeneration, in consultation with the relevant portfolio holder, the Service Director - Finance and the Service Director – Legal, Governance and Commissioning, power to enter into appropriate legal agreements, including an MoU with Homes England and Network Rail, and undertake the appropriate procurement route required for the appointment of a master developer to deliver the site, including relevant agreements with other land owners and interested parties.

2)    That, pursuant to (1) above, authority be delegated to the Service Director – Skills & Regeneration, in consultation with relevant portfolio holder, the Service Director - Finance and the Service Director – Legal, Governance and Commissioning, to dispose of the Council’s land as required to facilitate the delivery of the Dewsbury Riverside site (Local Plan Ref: HS61).

3)    That, pursuant to (1) above, authority be delegated to the Service Director – Legal, Governance and Commissioning to enter into all agreements necessary to effect the disposals referred to at resolutions 1 and 2 above.

4)    That in relation to Fenay Lane, approval be given to the disposal of the site at ‘less than best consideration’ to the preferred partner when appointed in accordance with the General Disposal Consent (England) 2003.

5)    That, pursuant to (4) above, authority be delegated to the Strategic Director, Growth and Regeneration to negotiate and agree the terms of disposal for the site with the preferred partner; and determine the appropriate level of discount for the site following a comprehensive assessment of the appointed partner’s development appraisal reflecting the housing mix which receives planning consent.

6)    That, pursuant to (4) above, authority be delegated to the Service Director, Legal, Governance and Commissioning to enter into and execute any agreement and other ancillary documents necessary to dispose of the site to the preferred partner for use as affordable and market housing dependent on the final housing mix.

7)    That in relation to site development, preparation and delivery, a grant (Capital Allowances) be added into the Capital Plan to support the delivery of the Housing Growth Programme.

8)    That, pursuant to (7) above, approval be given to the capital funding from grant (Capital Allowances) up to the maximum available for this activity which is £1.014M in total for Housing Growth site development, preparation, and delivery costs to support progress of sites in the Housing Growth Programme, whereby the capital funding will be drawn down into the capital plan as each element of expenditure is required and when expenditure is approved by the chair of Housing Growth Board.

Apologies for absence were received on behalf of Councillors M Pervaiz and E Reynolds.

Approved as a correct record subject to the amendment that Councillor Y Hussain declared an interest in relation to Minute No 73. as a Member of the outside body, Suez.

It was noted that all items would be considered in public session.

No deputations or petitions were received on this item.

No questions were asked on this item.

Cabinet received oral questions under Executive Procedure Rule 2.3.

No interests were declared.

The report seeks to withdraw the Netherton & South Crosland Neighbourhood Plan Forum designation which was established for the purposes of progressing a neighbourhood development plan (NDP). The Forum was designated at Cabinet 16^th November 2021.

The Forum Chair has informed the Council that they are no longer progressing with the Neighbourhood Development Plan (NDP), and that the forum would no longer run. Therefore, under Neighbourhood Planning Regulation (General) 2012, regulation 12, the forum designation is recommended to be withdrawn.

Had the council not received formal conformation from the Forum of their intention to not progress a NPD, the council’s intention was to withdraw the designation themselves. This was on the grounds of no progress being made on the NDP, and non-compliance with statutory requirements in relation to publicising contact details of a forum member, in the public domain, as set out in section 61F(5) TCPA 1990 and Regulation 8 (Application for designation of a neighbourhood forum) of the Neighbourhood Planning Regulations (General) 2012.

Background papers;

Cabinet report for the designation of the Neighbourhood Area Forum and Neighbourhood Plan Area: Microsoft Word - 2021_11_16 Netherton and South Crosland Neighbourhood Forum and Area applications.docx (kirklees.gov.uk)

Netherton & South Crosland Neighbourhood Plan webpage: Netherton and South Crosland Neighbourhood Development Plan | Kirklees Council

RESOLVED –

1)    That approval be given to the withdrawal of the designation of the Netherton and South Crosland neighbourhood Forum in accordance with the Town and Country Planning Act 1990, Section 61F(9).

2)    That approval be given to the publication of the withdrawal statement in compliance with Neighbourhood Planning (General) Regulation 2012, Regulation 12(2).

To establish working principles, and to bring forward a holistic asset review considering the optimisation, rationalisation, mothball, closure, and disposal of property assets and interests across the Council’s estate.

This report will set out some early recommendations for consideration. Options and recommendations will be offered across a series of reports over the coming months for consideration and presented in alignment with ongoing budget planning and organisational change activity.

RESOLVED –

1)    That approval be given to the ongoing and planned activity being managed under business as usual, including the surplus declaration of the four identified assets to be brought forward for disposal:

(i)             1 Beech Street, Huddersfield, HD1 4JN

(ii)            (DRAM Sports & Community Centre, Ridgeway, Dalton, Huddersfield, HD5 9QJ

(iii)          HUDAWI Centre, Great Northern Street, Huddersfield, HD1 6BG

(iv)          Red House, 281 Oxford Road, Gomersal, Cleckheaton, BD19 4JP

2)    That authority be delegated to the Strategic Director for Growth and Regeneration in consultation with the relevant portfolio holder, Service Director – Legal, Governance and Commissioning, to dispose of the identified property assets to support the Council’s income targets, irrespective of the value of the site and on such terms as officers deem most appropriate,

3)    That authority be delegated to the Service Director – Legal, Governance and Commissioning power to enter into all agreements necessary to effect any of those disposals referred to at (1) above.

To consider the second quarter Revenue & Capital Monitoring forecast and to consider any specific recommendations on the application of resources in-year, including movements to and from reserves, as required by financial procedure rules.

RESOLVED –

1)    That the forecast revenue outturn position at Quarter 2 for 2023/24 (£16.1m overspend), and the forecast year end position on the Council’s reserves and balances (£47.4 Reserves, of which £35.4m are Usable Reserves) be noted;

2)    That the Quarter 2 forecast HRA position (£34k surplus) and forecast year-end reserves position be noted;

3)    That the Quarter 2 forecast capital monitoring position for 2023/24 in regard to Capital (£57.9m underspend) be noted;

4)    That approval be given to the re-profiling of the 2023/24 capital plan as set out in the slides appended to the considered report;

5)    That approval be given to £0.32m to purchase three highways tipper vehicles with delivery expected before April 2024;

6)    That the Quarter 2 treasury management prudential indicators be noted.

RESOLVED –

1)    That approval be given to commence external recruitment to the posts of (i) Service Director – Finance (Section 151 Officer) and (ii) Service Director – Legal, Governance and Commissioning, which have statutory responsibilities to be carried out in accordance with the Council’s established and approved Chief Officer recruitment practices.

2)    That, pursuant to (1) above, approval be given to convene Member Appointment Panels.

None received.

No questions were asked.

All agenda items were considered in public session.

No interests were declared.

RESOLVED – That the Minutes of the previous Meeting be deferred to the next meeting of the Committee (for the reason that only one Member present had been in attendance on 26 June 2023).

Apologies for absence were received on behalf of Councillors D Hall and Lawson.  

Application approved.

No deputations or petitions were received.

No questions were asked.

It was noted that all agenda items would be considered in public session.

Councillors Armer, S Hall, Pattison, A Pinnock and Sokhal advised that they may have historically received lobbying on matters connected to this site.

Approved as a correct record.

All Committee Members were present.