Agenda and minutes

20/22 – APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTES: Apologies for absence had been received from Councillors Richard Cooper and Stan Lumley.

(5.30 pm)

Members to advise of any declarations of interest.

21/22 – DECLARATIONS OF INTEREST: There were no declarations of interest.

(5.31 pm)

of the meeting of 20 July 2022

22/22 – MINUTES: The Minutes of the meeting of the Cabinet held on 20 July 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 6, 7 (part), 8 (part), 9 (part), 10 (part) and 12 (part).

23/22 – EXEMPT INFORMATION: The report at Minute 25/22 and appendices to the reports at Minutes 26/22, 27/22, 28/22, 29/22 and 31/22 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 Executive Officer Policy and Place to submit a written report.

24/22 – NEW SETTLEMENT (MALTKILN) DEVELOPMENT PLAN DOCUMENT:

             REGULATION 19 CONSULTATION AND SUBMISSION: Further to Cabinet Minute 53/18, the Executive Officer Policy and Place submitted the written report presenting the publication draft New Settlement (Maltkiln) Development Plan Document (DPD), which had previously been considered by Cabinet at its meeting held on 20 July 2022 and was attached at Appendix 1.  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.

At its meeting on 20 July 2022 the Cabinet had requested District Development Committee (DDC) provide its comments and recommendations on the proposed content of the publication draft DPD.  The DDC had met on 1 August 2022 and considered the DPD and the comments and questions of the Committee had been noted and were now included in the Minutes of that meeting, which were now before the Cabinet for consideration.  At the meeting of the DDC it had been recommended that two modifications be made to the DPD.  Additional wording was requested to be added to the introduction to Chapter 5 on Climate Change to demonstrate the Council’s firm commitment to the Climate Change priorities. In addition an amendment to Chapter 9, paragraph 9.17, was requested to reflect that there was to be regular monitoring to establish whether an onsite secondary school was required.

RECOMMENDED (UNANIMOUSLY):

That    (1) having taken into account the District Development Committee (DDC) minutes of 1 August 2022 and subject to the modifications recommended by DDC, Appendix 1 to this report is approved as the Publication Draft DPD;

(2) the Executive Officer Policy and Place, in consultation with the Cabinet

Member for Planning, be authorised to make minor amendments and graphical improvements to the Publication Draft DPD prior to publication;

(3) That the Council:

1.    undertake a six week formal consultation on the Publication Draft DPD starting in October 2022;

2.    subsequently submit to the Secretary of State all relevant documentation for examination; and

(4) in the event of modifications being required to the Publication Draft DPD prior to its submission, the Executive Officer Policy and Place, in consultation with the Cabinet Member for Planning, be authorised to make these changes and undertake any necessary pre-submission consultation.

(5.33 pm to 5.40 pm)

The Corporate Finance Manager to submit a written report.

25/22 – CAPITAL AND INVESTMENT PROGRAMME 2022/23 QUARTER 1: The Head of Finance submitted a written report and sought approval for the amended Capital Programme for 2022/23 and Indicative Programmes from 2023/24 to 2026/27. The Council had made good progress in taking a more proactive approach to its asset management and ensuring that the return from investment was maximised.  Costs in the strategy were provisional high level estimates based on prices at the time and would vary as more detailed work was undertaken on projects. The only remaining significant review which would impact on the Capital and Investment Strategy in the future was the HCC Redevelopment, and a separate report on this was also considered by Cabinet at the same meeting.

In preparation for Local Government Reorganisation in North Yorkshire a prioritisation exercise had been undertaken to score and rank corporate and service plan projects, resulting in an agreed list of priority projects which was attached at Appendix 1.  Projects with a statutory compliance or health and safety risk would continue to take first priority, followed by the Top 50 priority projects from the list.  No budgets had been removed from the Capital and Investment Programme as a result of this exercise at this stage.

Section 6 of the report outlined the governance arrangements for the Programme, which was reported to Management Board before approval by Cabinet and Council in February alongside the revenue budget.  As was the nature of capital and investment works, expenditure could vary or be delayed and therefore new spending approvals would be sought in the quarterly monitoring reports and the implications for the programme made clear. 

The amended Capital Programme for 2022/23 to 2026/27 was outlined in Table 1 at paragraph 8.1 of the report, and further detail was given at Appendix 2.  Paragraph 8.2 detailed the changes to the original approved programme.  The amended Revenue Investment Programme for 2022/23 to 2026/27 was shown in Table 2 at paragraph 8.3, and further detail was given at Appendix 3, this was £420k less than the agreed programme as a result of works detailed at paragraph 8.4.  Section 10 set out the resources available to fund the programme, including the latest position on anticipated capital receipts.

As part of the move to a new authority a Section 24 Direction restricted district councils from making financial decisions without consent from the North Yorkshire County Council Executive.  A General Consent had been granted to Harrogate Borough Council to enable it to proceed with its business and the Capital and Investment Quarter 3 report approved by Cabinet on 2 February 2022 was put forward as the level of expenditure allowed.  Any changes to the agreed level would require consent to be sought, and paragraph 9.4 set out the thresholds for this.  Listed at paragraph 9.5 were those projects which would require specific consent from North Yorkshire County Council.

Overall, capital and revenue expenditure of £83,352k was forecast in the amended five year rolling programme to 2027.  The strategy was no  ...  view the full minutes text for item 25.

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

26/22 – JACK LAUGHER LEISURE AND WELLNESS CENTRE (PREVIOUSLY

             KNOWN AS RIPON LEISURE CENTRE) - PROPOSED TEMPORARY

             GYM INFRASTRUCTURE AND GROUND STABILISATION UPDATE: The Director of Economy, Environment and Housing submitted a written report which provided an update following the report to Cabinet on 10 November 2021 which detailed the findings of Stantec UK Ltd, the consulting engineer, on the ground investigative works which had taken place at the original Ripon Leisure Centre.  As reported on 10 November further ground stabilisation works were required under the existing leisure centre, the condition of the ground under the leisure centre having been identified during construction of the new pool on the site.  A provisional budget of £3m had been included in the Capital and Investment Programme (CIP) report approved by Urgency Committee in December 2021, however this was allocated without the final results of the investigative works being known. Paragraph 5.3 of the report set out the key messages of the Stantec report and exempt Appendix 1 provided a breakdown of costs and programme of works, which required an additional sum of £3.5m via the CIP.

Whilst the remedial works were undertaken it would be necessary to close the dry side facilities of the Jack Laugher Leisure and Wellness Centre (JLLWC).  The report also provided Cabinet with the rationale for providing a temporary gym on the car park of the leisure centre to mitigate the impact of the closure of the dry side facilities.  Since reopening the JLLWC membership had increased and was providing a revenue income of £34k per month.  It was therefore a priority to maintain this customer engagement by providing alternative gym facilities for members, as well as an outdoor exercise area.  Early enabling works in the car park were expected to cost £30k, whilst the cost of providing a temporary gym would be £300k and a full breakdown of these costs was provided at Appendix 2.

Whilst the item had been identified as a key decision, it had not been included in the Forward Plan as it had not been possible to give the required 28 days’ notice, and a notice had been published to that effect.

RESOLVED (UNANIMOUSLY):

That    (1) the outcome and recommendations for the scope of work now that the geotechnical and structural surveys (Stantec Report) have been completed be noted;

(2) it be noted that an additional sum of £3.5million will be sought via the Capital and Investment Programme (CIP) report for the ground stabilisation works as set out in detail at exempt Appendix 1. The additional budget is to cover the estimated cost of all related works now the investigative works have been completed, noting that the work is re-measurable and is therefore an estimate only;

(3) the rationale for the provision of a temporary gym during the period of ground stabilisation works taking place, based upon the risks and opportunities set out in this report be noted and the provision be approved;

(4) it be noted that funding of £300,000 will  ...  view the full minutes text for item 26.

The Director Economy, Environment and Housing and the Director HIC to submit a joint written report.

27/22 – HARROGATE CONVENTION CENTRE REDEVELOPMENT PROJECT-

             FORWARD PLAN REF: 02ED22: The Director of Economy, Environment and Housing and the Director of Harrogate Convention Centre submitted a joint written report which provided a progress update on the Harrogate Convention Centre (HCC) redevelopment project.  The report set out the work undertaken to date whereby a design team led by Arcadis had been appointed in March 2021 to provide project management, design, contract administration and supervision of Phase 1 of the redevelopment project.  In September 2021 KPMG had been appointed to support the Council in the development of a Full Business Case (FBC) for Phase 1.  To inform this an independent assessment of the HCC business plan had been undertaken.  The FBC had identified three possible options as set out at paragraph 1.2, to ‘do something’, ‘do the minimum’ or ‘do nothing’, and KPMG had concluded that ‘do nothing’ was not an option, and ‘do something’ was the preferred option. 

The scope of works for Phase 1 were set out at paragraph 5.1.9 and a tender exercise was taking place to identify a preferred contractor to develop the design, price and programme for the whole of the Phase 1 works.  Market feedback through the tendering process had concluded that a spring completion date for Studio 2 works was not achievable, and therefore all Phase 1 works would be delivered as a single package.  Following the outcome of the tender exercise a preferred contractor would be appointed for detailed design to the end of RIBA Stage 4 and a summary of the key milestones was set out at paragraph 5.4.2.  A final decision on whether to proceed with the Phase 1 works would take place in summer 2023.

In presenting the report the Director of HCC emphasised the importance of addressing the decline in the condition of the building in order to improve the performance of the venue and enable it to support the town through improved economic impact and the business case supported this.  The Director of Economy, Environment and Housing detailed the costs and next steps for the project, which would require consent from North Yorkshire County Council to take forward.

RESOLVED (UNANIMOUSLY):

That    (1) the outcome of the Business Plan, Economic Impact Assessment and draft Full Business Case (FBC) be noted and in doing so agree that the recommended option of ‘Do Something’ is the preferred delivery option for this project;

(2) the ‘Do Nothing’ and ‘Do Minimum’ options for intervention in HCC as set out in this report are rejected;

(3) it be noted that the tender process has identified that works to Studio 2 cannot be delivered within our original proposed timescales and therefore Studio 2 works are not to be accelerated. Instead these works will be included within the overall Phase 1 construction works;

(4) the contract be awarded to a preferred contractor and enter into an Early Contractor Involvement (ECI) stage contract for the development of the design, price and programme for all Phase 1 Works  ...  view the full minutes text for item 27.

The Strategic Property Manager to submit a written report.

28/22 – CLARO ROAD DEMOLITION AND SITE IMPROVEMENT WORKS –

             FORWARD PLAN REF: 57ED21: The Executive Officer Strategic Property and Major Projects submitted a written report in which approval was sought to award the contract to the first ranked supplier following a competition from the Pagabo Dynamic Purchasing System (DPS) framework agreement.

The Claro Road depot was the Council’s main base for street cleansing and grounds maintenance services, waste collection, waste transfer and recycling for the district.  A detailed site condition survey completed in June 2019 identified that a number of buildings had reached the end of their economic life or were unsuitable for purpose, notably the utility block, refuse vehicle depot, street lighting store and entrance yard garages.  In addition a number of improvement works were identified to create a more efficient and safe site layout and these included forming new parking areas, a one-way system, new external lighting and improved welfare facilities.  The improvements would provide a safe and effective work environment for operational teams.

The report outlined the process for tender selection and attached at exempt Appendix 1 was the tender analysis report.  Existing and proposed site plans were attached at Appendix 2.  It was proposed that works commence in October and would take 30 weeks to complete.

RESOLVED (UNANIMOUSLY):

That Cabinet award the Claro Road Demolition and Site Improvement works contract to the first ranked supplier as set out in exempt Appendix 1.

Reasons for decision:

The existing buildings were of poor quality and did not provide adequate working conditions, the delivery of this project had therefore been identified as a Corporate 2024 Programme priority.

By undertaking the demolition and site improvement works at Claro Road, Harrogate, the Council would continue to provide Excellent Public Services and support a Sustainable Environment by;

• Demolishing buildings on the site, which had reached the end of their economic life, providing replacements suitable for purpose.
• Safe removal of asbestos from 6 buildings
• Supporting our Carbon Reduction Strategy by providing modern buildings with improved energy performance
• Ensuring the health and safety of building and site users
• Provision of a new staff welfare facility to replace the current facility which was unfit for purpose
• Providing infrastructure associated with 10 no. Electric Vehicle charging points
• Protecting the value and prolonging the life of the assets.

The improvements to the site would bring staff facilities up to a better standard and create segregated areas for fleet, personal and workshop vehicles with appropriate spaces and controlled parking so vastly improving the health and safety in relation to vehicle movement on site.

Alternative options considered and recommended for rejection:

Not to undertake or to delay the demolition and site improvement works at Claro Road, Harrogate – this is recommended for rejection because that approach would not support the Council’s Corporate Objectives to provide Excellent Public Services and support a Sustainable Environment. In addition, a number of buildings had reached the end of their economic life. Not to undertake the works would have an impact upon the  ...  view the full minutes text for item 28.

The Strategic Estates Surveyor to submit a written report.

29/22 – DISPOSAL OF LAND TO THE NORTH OF OAK BECK RETAIL PARK,

             HARROGATE: The Strategic Estates Surveyor submitted a written report which set out the background and reasons for the proposed disposal of the area of land to the north of Oak Beck Retail Park, Harrogate.  Attached at Appendix 1 to the report was the marketing brochure which described the area of land.  A marketing campaign had been undertaken, followed by a request for best and final offers to ensure best value was obtained.  Exempt Appendix 2 provided an analysis of bids received and it was recommended that a disposal be agreed with the highest ranked bidder as listed in the schedule.  The disposal would generate a capital receipt for the Council and encourage increased economic activity in the area.

RESOLVED (UNANIMOUSLY):

That    (1) the sale of the land as set out in Appendix 2 be approved;

(2) the disposal is recommended following full exposure of the site to the open market by a reputable local chartered surveyor, active and proficient at marketing, securing interest and disposing of such assets. Several offers have been received and fully considered (Appendix 2); and

(3) the Head of Legal and Governance be given authority to prepare and enter into any necessary legal documentation to conclude the sale of this property and any other matters related thereto.

Reasons for decision:

The asset had been considered for disposal for some time, forming part of the Strategic Asset Review. The land was presently not utilised and was not considered suitable for direct development by HBC.

Sale of the land would encourage development in this area bringing economic benefits to the town.

The land being a former quarry could have a liability in the future.

The disposal would provide a valuable capital receipt.

Alternative options considered and recommended for rejection:

Continue to hold the land, rejected because there was limited long term potential benefit to this.

Development by HBC would be complex with questions over most suitable future use.

Not to proceed with the sale of the asset would result in the loss of a capital receipt from an asset that was not currently generating a return.

A sale to the adjoining land owner of the retail park. This party was given the opportunity to submit a bid which they have done on a conditional basis only, subject to planning and survey. There was likely to be a substantial delay and uncertainty whilst planning consent was sought, in addition, if refused the future value and marketability of the site could be compromised.

The offer recommended for acceptance was unconditional, incorporated a clawback provision with the party having a proven track record and were seeking to develop the site for trade counter use.

(6.19 pm to 6.22 pm)

 (D)

The Executive Officer Economy and Transport to submit a written report.

30/22 – COVID-19 ECONOMIC RECOVERY AND ECONOMIC GROWTH

             STRATEGY 2022 UPDATE: The Executive Officer Economy and Transport submitted a written report which provided an update on the outputs achieved to support the local economy via the Council’s COVID-19 Economic Recovery Framework and associated Action Plan, which had been adopted in response to the COVID-19 pandemic.  These documents set out where HBC would focus efforts to support the local economy, based on ‘survive, recover and thrive’.  The outputs and outcomes achieved since March 2020 were summarised at Appendix A.  It was now recommended that the Economic Recovery Group be disbanded and the COVID-19 Recovery Plan ‘closed down’ with any outstanding actions moved across to the Economic Growth Strategy Action Plan 2022/23.

Section 6 of the report also provided a review of the Council’s Economic Growth Strategy (EGS) for the period 2017 to 2021.  The EGS signalled an approach towards economic development which was based on a detailed analysis of economic indicators and an extensive consultation exercise.  Overall performance had been positive but the UK’s exit from the European Union and the COVID-19 pandemic had had an impact on GVA, with the district seeing a 10% reduction in the economic output.  Appendices B to G provided further updates and analysis on the EGS.

Cabinet noted the affect COVID-19 had on GVA, which was due to the high proportion of lower value (in terms of GVA output) sectors in the local economy.  The EGS sought to address this by aiming to embed a more sustainable and resilient economy featuring higher value businesses and jobs.

RESOLVED (UNANIMOUSLY):

That    (1) the outputs achieved as part of the COVID-19 Economic Recovery work from April 2020 to March 2022 be noted (as attached at Appendix A) and to agree the close down of the Covid Economic Recovery Group;

(2) the outputs achieved as part of the Council’s Economic Growth Strategy from 2017-2021 (as attached at Appendix B) be noted; and

(3) the 2022 update of the Economic Growth Strategy (as attached at Appendix C) and associated Action Plan 2022-2023 (as attached at Appendix D) be approved.

Reasons for decision:

To conclude the work of the COVID-19 Economic Recovery Group, and ‘close down’ the COVID-19 Economic Recovery Plan.

To ensure there was a good understanding of the district’s economy and that Harrogate District was in the best position prior to the formation of North Yorkshire Council on 1 April 2023.

To focus resources on a clear EGS action plan for the remaining year (2022-23) prior to reorganisation.

Alternative options considered and recommended for rejection:

Continue with the current EGS and action plan – although these are still relevant, the 2022 update is based on the most recent data available (up to 2021) and the timing is based on a five year review (2017-2021) ensuring that priorities and actions are appropriate in light of the pandemic, looking forward post pandemic, for integration in to the new North Yorkshire Council in 2023 and ensuring that opportunities are maximised that arise  ...  view the full minutes text for item 30.

The Service Finance Manager to submit a written report.

31/22 – 2022/23 JULY FINANCIAL AND SERVICE PLAN PERFORMANCE

  UPDATE: The Head of Finance submitted a written report which presented the Council’s latest financial position along with a summary of the current Service Plan performance, on an exception basis. The Council was currently reporting a forecast overspend of £701k on General Fund activity.  This forecast overspend related, in the main, to increased utility and fuel costs.  These issues were offset against an increase in income from kerbside recycling and salary savings. In addition it is also worth noting that the national pay offer from employers is at a higher level than the 2.5% increase included in budgets, though the effect is not yet reflected in the forecast outturn.

The key variances that made up the forecast were shown in Table 1 at paragraph 5.2 of the report, which included savings of £318k related to staff turnover and a usual delay in filling posts. Table 2 at paragraph 5.3 summarised the service by service variances.  Paragraph 5.5 provided further detail for each service and further detail for the Council’s key commercial areas was attached as exempt Appendices B to D to the report.  Exempt Appendices A and E provided reasons for HCC’s underspend of £14k and detailed lettings information.  Appendix F to the report showed how variances related to budgeted savings and increased income and overall there was a forecast over-delivery of net savings of £333k.

RESOLVED (UNANIMOUSLY):

That the Council’s current financial position, a forecast overspend of £701k, and service plan exception reporting, is noted. 

Reasons for decision:

It was good financial discipline that regular reporting was presented to Management and Members so as to ensure expenditure remained within budget, that potential underspends were highlighted and areas that were off target were highlighted and mitigating actions identified.

Alternative options considered and recommended for rejection:

Not to receive financial reporting which would weaken financial control, increase the risk of overspends against budget or missed opportunities to utilise underspends or identify mitigating actions.

(6.28 pm to 6.34 pm)

 (D)

The Improvement and Development Manager to submit a written report.

32/22 – CORPORATE PERFORMANCE REPORT, Q1 2022/23: The Improvement and Development Manager submitted a written report which was presented by the Director of Corporate Affairs (DCA) and which provided an update on the quarter one progress on the measures within the Corporate Delivery Plan. Appendix 1 to the report provided an update on performance against the Corporate Delivery Plan priorities and Appendix 2 contained the Corporate Health Report showing progress against the various performance indicators. The report had previously been received by Management Board whose comments were incorporated into the report at section 8.  The Overview and Scrutiny Commission had also considered and noted the report at its meeting held on 15 August 2022. 

In introducing the report the DCA reported that whilst the majority of indicators were on target there were two areas of concern.  There had been an increase of 60% in the number of people presenting as homeless due to cost of living pressures and the relaxing of the ‘everyone in’ rules introduced during the COVID-19 pandemic.  In addition Council Tax and housing benefit processing times had also increased.  Both these indicators were being monitored and mitigating actions put in place.

RESOLVED (UNANIMOUSLY):

That the report be received and the comments from Management Board be noted.

Reasons for decision:

Our Corporate Plan set out our long-term vision for the Harrogate district, our aim as an organisation, our corporate priorities and the long term outcomes that we want to achieve. The Delivery Plan was updated on an annual basis and detailed what we would do, what our targets were and how we would measure these. This report tracks our progress against the Delivery Plan.

Alternative options considered and recommended for rejection:

No alternative options were considered as reporting progress on the Council’s Corporate Delivery Plan performance was a key part of the Council’s performance management arrangements.

(6.34 pm to 6.42 pm)

 (D)

The Head of Finance to submit a written report.

33/22 – HOUSING INVESTMENT PROGRAMME 2022/23 MONITORING: The Head of Finance presented a written report which provided the latest forecast for the Housing Investment Programme (HIP) for 2022/23 and highlighted the main variances between this latest forecast and the budget. 

On 2 February 2022, Cabinet had approved the HIP for 2022/23 with a forecast expenditure of £16,478k. On 20 July 2022, the HIP outturn for 2021/22 was presented to Cabinet with a carry forward of £1,313k to 2022/23.  The latest forecast programme as at the end of June 2022 had decreased by £845k to £16,946k and a full breakdown of the budget and how the programme would be resourced was outlined at Appendix 1.

The report gave details of the key variations in the programme, which mainly related to a reduction of £0.86m in planned maintenance and improvements.  13 new builds and refurbishments were expected to be completed during the year.  A total of 23 homes were expected to be purchased for social housing with HRA capital receipts and 141 receipts.

RESOLVED (UNANIMOUSLY):

That the report is received and the position noted.

Reasons for decision:

The individual schemes and the overall funding levels need to be reported for capital budget monitoring purposes.

Alternative options considered and recommended for rejection:

Not to report. This would mean the Council would not be adequately monitoring capital expenditure.

(6.42 pm to 6.44 pm)

 (D)