Agenda and minutes

09/22 – APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTES: An apology for absence had been received from Councillor Graham Swift.

(5.31 pm)

Members to advise of any declarations of interest.

10/22 – DECLARATIONS OF INTEREST: Councillor Stan Lumley declared an interest in Minute 18/22 on the basis that he was the Chair of the board of Brimhams Active.  Councillor Sam Gibbs also declared that he was a member of the Board of Brimhams Active.  As this was not a pecuniary interest both Councillors remained in the room and took part in the debate and vote on the item. 

(5.31 pm)

of the meeting of 22 June 2022

11/22 – MINUTES: The Minutes of the meeting of the Cabinet held on 22 June 2022 were approved unanimously as a correct record.

(5.32 pm)

To determine whether to exclude the press and public during the consideration of any exempt information items – items 7 (part), 9 (part ) and 10 (part).

12/22 – EXEMPT INFORMATION: Appendices to the reports at Minutes 15/22, 17/22 and 18/22 were considered to be exempt under paragraph 3 of Schedule 12a to the Local Government Act 1972.  Discussion on the items took place in open session.

(5.32 pm)

The Senior Planner to submit a written report.

MATTERS TO BE REFERRED TO COUNCIL

13/22 – NEW SETTLEMENT (MALTKILN) DEVELOPMENT PLAN DOCUMENT REGULATION 19 CONSULTATION: The Executive Officer Policy and Place submitted a written report presenting the publication draft New Settlement (Maltkiln) Development Plan Document (DPD), which was attached at Appendix 1.  The development of a new settlement to be known as Maltkiln was a key part of the district’s growth strategy and would provide homes and jobs in a sustainable location along the York-Harrogate-Leeds rail line.  The broad location was established in the adopted Harrogate District Local Plan, but it would be through the Maltkiln DPD that the boundary, form and nature of the new settlement would be set.  The development of the DPD had been underpinned by evidence base work, community involvement and public consultation and set out a policy framework which would guide the development of Maltkiln over the next 30 years.

A number of supporting documents were attached as appendices to the report, including the climate change strategy, viability note, consultation statement, sustainability appraisal report, habitats regulations assessment and equality analysis report.

Cabinet were recommended to request the District Development Committee consider the DPD at its meeting to be held on 1 August 2022, and provide comments and recommendations to be brought back to Cabinet on 17 August 2022.  The recommendations from that Cabinet meeting would be submitted to Council on 21 September 2022.  Following approval by Council a formal consultation period on the DPD would commence, prior to examination by the Secretary of State.

RECOMMENDED (UNANIMOUSLY):

That the District Development Committee be requested to provide the Cabinet with its comments and recommendations on the proposed content of the Publication Draft DPD (Appendix 1).

(6.09 pm to 6.12 pm)

The Head of Housing and Property to submit a written report.

MATTERS DETERMINED BY CABINET

14/22 – HOUSING INVESTMENT PROGRAMME 2021/22 OUTTURN: The Head of Housing and Property submitted a written report, which provided details of the Housing Investment Programme (HIP) capital expenditure outturn for 2021/22.  The report highlighted significant variations that had occurred since the previous report to Cabinet on 2 February 2022, and demonstrated how the expenditure had been financed from available resources.

In presenting the report the Head of Finance reported that total expenditure on the HIP in 2021/22 was £5,903k.  This was a decrease of £4,640k on the original approved programme for the year and a decrease of £2,311k compared to the latest position reported to Cabinet on 2 February 2022.  Appendix 1 compared the outturn with the position on 2 February and provided explanations for the variations which was mainly due to savings of £709k on kitchen refurbishments, £236k on housing development, £848k on property purchases using 1-4-1 receipts as only two of the five had completed, and £386k on the purchase of new build properties at Whinney Lane.  More detailed explanations for the variations were included at paragraph 5.2 of the report. 

Table 2 of the report provided a summary of housing capital receipts for 2021/22, and a further analysis of sales was contained in Appendix 2.  In total there were 18 completed Right to Buy council house sales in 2021/22.

RECOMMENDED (UNANIMOUSLY):

That the 2021/22 Housing Investment Programme outturn be noted.

Reasons for decision:

To ensure that Cabinet was aware of the final outturn on the HIP in 2021/22 and of any reasons for savings or delays.

Alternative options considered and recommended for rejection:

Not to note the final outturn on the HIP.  This was not recommended as the outturn position helped in evaluating past performance and in informing future plans for Housing capital expenditure.

(6.12 pm to 6.15 pm)

(D)

The Head of Finance, the Service Finance Manager and the Improvement and Development Manager to submit a joint written report.

15/22 – 2021/22 YEAR END FINANCE AND PERFORMANCE REPORT: The Head of Finance, Service Finance Manager and Improvement and Development Manager submitted a joint written report which presented the Council’s financial outturn position and provided a summary of the year end 2021/22 Service Plan performance.  The Council was reporting an outturn underspend of £2,087k for General Fund activity for 2021/22, and this was after the proposed contribution of £250k to a reserve in respect of potential Local Government Reorganisation costs. 

The key variances of the outturn position were shown in Table 1 of the report.  The table showed salary savings net of associated costs of £1.7m resulting from staff turnover and savings on the pay award. Further information was provided at Table 4 which showed a current staff turnover rate of 13%.  Table 2 summarised the variances for each service, split into COVID and non-COVID variances, and demonstrated that the biggest impact had been in the income generating services.  Further detail for each service was given at paragraph 5.8.

Under Business Unit Principles and Practices services were normally permitted to carry forward to reserves 50% of any savings on net controllable expenditure, however this year no surpluses were to be transferred to service reserves due to LGR and reduced opportunity for such reserves to be spent.  Instead, Section 7 of the report set out requests for use of corporate savings of £2,087k, which Cabinet were requested to agree.   

RESOLVED (UNANIMOUSLY):

That    (1) the report is received and the information contained in this report on the 2021/22 year end finance and performance information is noted;

(2) the net saving against the budgeted impact of the COVID-19 pandemic in 2021/22 is ring-fenced and used to reduce the budgeted transfer from the Budget Transition Fund (see paragraph 5.2);

(3) the normal service surplus carry forwards are not made this year (see paragraph 6.2);

(4) £250k of the saving in 2021/22 is set aside in reserve to meet the potential costs in 2022/23 associated with Local Government Reorganisation implementation (see the Treasury Management, Other Corporate Items and Funding section of 5.7);

(5) the proposed uses of the reported £2,087k underspend as set out in section 7 of the report be approved; and

(6) £645k of the shared operating surplus from Brimhams Active in 2021/22 is transferred to the HBC Sport and Leisure Service reserve to provide for an anticipated future increase in the management fee as set out in section 5.13.

Reasons for decision:

To conform to the Final Accounts Guidance and timetable.

Alternative options considered and recommended for rejection:

None.

(6.15 pm to 6.18 pm)

 (D)

The Head of Finance to submit a written report.

16/22 – HOUSING REVENUE ACCOUNT 2021/22 - OUTTURN: The Head of Finance submitted a written report on the Housing Revenue Account (HRA) outturn for the financial year 2021/22 which highlighted variations against budget and the latest forecast.  The 2021/22 HRA budget and outturn figures were summarised in Table 1 in the report, and a more detailed breakdown was given at Appendix 1.  Total net expenditure in the HRA for 2021/22 was £12,152k, which was an underspend of -£1,440k compared to the budget and paragraph 5.2 gave details of the variances.  The predominant reason for the underspend was the savings in capital expenditure funded from revenue.  Remaining capital projects could now be funded from the Major Repairs Reserve, so no revenue contribution was required from the HRA. 

The variation on the HRA outturn showed a cost of +£163k compared to the latest forecast figures which were reported to Cabinet on 2 February 2022 and paragraph 5.3 of the report gave details of this.  As at 31 March 2022 the HRA working balance was £16.1m, which would be carried forward to support expenditure in future years.

RESOLVED (UNANIMOUSLY):

That the HRA outturn for 2021/22 be noted.

Reasons for decision:

To ensure that Cabinet were aware of the HRA outturn for 2021/22 and of any reasons for savings or overspends.

Alternative options considered and recommended for rejection:

None.

(6.18 pm to 6.20 pm)

 (D)

The Executive Officer Strategic Property and Major Projects to submit a written report.

17/22 – PERMISSION TO DISPOSE OF HIGHWAY LAND ADJACENT TO CRESCENT GARDENS – FORWARD PLAN REF: 43ED21: The Strategic Estates Surveyor submitted a written report which set out the background and reasons relating to the proposed disposal of Crescent Gardens Road fronting the former council offices at Crescent Gardens, shown edged in red on the plan attached at Appendix A.  The proposed purchaser wished to improve the landscaping and alter the existing parking layout at the front of the building in connection with works to refurbish the former council offices.  External consultants had been engaged to obtain best value for the Council and exempt Appendix 2 set out the proposed disposal price and terms. 

RESOLVED (UNANIMOUSLY):

That   (1) the freehold disposal of the land shown in Appendix 1, to Impala Estates, owners of the office building at Crescent Gardens be approved;

(2) the disposal price and terms are agreed in accordance with independent expert advice, as set out in exempt Appendix 2; and

(3) the Head of Legal and Governance is given authority to enter into and complete all necessary documentation required to finalise the disposal of this property and all matters related thereto.

Reasons for decision:

The proposed purchaser wished to improve the landscaping and alter the existing layout of the parking and landscaped areas to the front of the building.

Impala Estates were progressing with the refurbishment of the former council offices at Crescent Gardens, this was an important project for the town centre creating much needed good quality office space. If the current public realm in front of this building could be improved, this benefited the building itself and the town in a wider context as well as surrounding properties many of which remained in the ownership of HBC.

It was not recommended to place the site on the open market; the appropriate independent advice had been obtained to ensure HBC received best consideration and the proposed disposal as outlined within this report was in accordance with this.

The disposal was conditional upon the proposed purchaser obtaining a stopping up order on the highway. As part of this process NYCC would consider all necessary transport planning issues.

Alternative options considered and recommended for rejection:

Not to progress a sale would result in the loss of a capital receipt for HBC.

A sale to the 3rd party was not considered appropriate. A 3rd party would be unable to close the road as access to the building and the shelf car park would still be required. As such whilst a 3rd party might seek to acquire simply to benefit from the use of the current on-street car parking spaces it is more likely a 3rd party would seek to purchase simply to subsequently sell on to the owners of Crescent Gardens at an inflated price or to somehow frustrate their development plans.

Not to progress would result in lost opportunity to potentially enhance this area physically and also support a local developer bringing an important town centre building back  ...  view the full minutes text for item 17.

The Director of Environment, Economy and Housing to submit a written report.

18/22 – BRIMHAMS GYM EQUIPMENT PROCUREMENT - FORWARD PLAN REF: 01CTS22: The Director of Economy, Environment and Housing submitted a written report which sought agreement to procure new gym equipment and group exercise bikes at the refurbished Hydro, the new Knaresborough swimming pool and Nidderdale Leisure Centre.  The Council had appointed Alliance Leisure, a leisure specialist organisation, as its partner on The Hydro and Knaresborough Swimming Pool building projects to scope, design and contract manage the construction works.  Technogym equipment was currently used at The Hydro and Nidderdale Leisure Centre.  Brimhams Active had recommended Technogym as the preferred supplier for the replacement equipment for reasons as set out below and the preferred supplier could be appointed through Alliance Leisure’s supply chain.

RESOLVED (UNANIMOUSLY):

Alliance Leisure are appointed to provide the procurement and contract management expertise of the gym equipment.

Reasons for decision:

The fitness suite at The Hydro was being completely refurbished and expanded as part of the redevelopment work currently underway. The current equipment had reached the end of its serviceable life and needed replacing. Based upon a business case, the size of the gym had increased significantly to attract increased demand. More gym equipment was necessary to accommodate this demand and to attract and retain sufficient members to deliver business case targets.

Knaresborough Swimming Pool was being rebuilt currently and would include a fitness suite, group exercise studio and group cycling studio.

Nidderdale Leisure Centre was due for a complete replacement of the gym equipment as the current equipment had reached the end of its serviceable life.

The UK Leisure Framework allowed for the direct appointment of a partner (Alliance Leisure) for scoping, design, refurbishment, construction and development of leisure centres, theatres, play facilities, recreation facilities and sports facilities across the UK public sector. The procurement of Technogym equipment could be expedited via the existing Council contract with Alliance Leisure. In doing so this would:

·      Provide consistency and service continuity across leisure facilities (i.e. Technogym equipment was operated at The Hydro and Nidderdale LC).

·      Minimise the resource costs of re-training staff and conducting customer induction updates for a new supplier’s range.

·      Minimise customer disruption as they would be able to continue to use the existing Brimhams App (i.e. operated by Technogym) to monitor and manage their exercise programmes.

·      Underpin development of a single membership proposition allowing Brimhams members to use any site, not just the one at which they signed up.

·      Provide an offer of five years of maintenance included in the package.

The equipment would be a cash purchase, which was the preferred method, and would mirror a previous successful procurement exercise for the new Jack Laugher Leisure and Wellness Centre.

There were sufficient funds available within the budgets identified in 6.1 and appendix 1 to fund an outright purchase of the new equipment.

Alternative options considered and recommended for rejection:

Defer the purchase of gym equipment for The Hydro and Knaresborough

Swimming Pool.

Deferring the purchase of gym equipment and group exercise bikes would seriously compromise  ...  view the full minutes text for item 18.

The Chair of the Overview and Scrutiny Commission and the Chair of the UCI Task and Finish Group to submit a joint written report.

19/22 – OVERVIEW AND SCRUTINY COMMISSION - UCI REVIEW – EXECUTIVESUMMARY AND FINAL REPORT: The Chair of the Overview and Scrutiny Commission, Councillor Chris Aldred, and the Chair of the UCI Task and Finish Group, Councillor Nick Brown, attended Cabinet to present the summary report of the Commission’s review of the preparation, hosting and implications of the 2019 UCI Road World Championship.  An executive summary report dated June 2022 was attached at Appendix A, along with the final report at Appendix B.  The Task and Finish Group had made fifteen recommendations which were summarised at paragraph 7.2 of the final report and which had been unanimously agreed by the Commission with an amendment that examples of hard to reach groups be provided. Cabinet were requested to consider the recommendations.

Councillor Aldred introduced the report, thanking the Members of the Task and Finish Group and also the Scrutiny Officer and the Scrutiny, Risk and Governance Manager for their work.  Should Cabinet agree the recommendations in the report the Commission would like them passed on to North Yorkshire County Council and the new North Yorkshire Council so that they could be used by officers planning similar large scale event in the future.  Councillor Brown also spoke to the report and summarised his view that while he felt there was a place for large scale events in Harrogate in the future he felt that greater priority should be given to serving the needs of the people of the town.

Councillor Brown then responded to questions from Cabinet Members on the report including event hospitality, representation on the board of directors of the organising body and the communications plan.  Cabinet thanked the scrutiny officers for their working in drafting the report and considered the recommendations of the Commission.

RESOLVED (UNANIMOUSLY):

That the recommendations summarised at 7.2 of the Final Report be agreed and referred to the new North Yorkshire Council.

 (5.33 pm to 6.09 pm)

 (D)