Agenda, decisions and minutes

There were no apologies for absence.

In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda.  Any councillor with a DPI must not participate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, the councillor must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.

There were no declarations of interest.

To confirm the minutes of the meeting of the Executive held on 5 September 2024.

The minutes of the meeting held 05 September 2024 were confirmed as correct. The Chairman signed the minutes.

The minutes of the meeting held 05 September 2024 were confirmed as correct. The Chairman signed the minutes.

The Leader made no announcements.

Decision:

1.   Agreed the General Fund revenue outturn for 2023/24 as a balanced position after a transfer of the year end surplus of £3.62M to reserves.  Details are shown in section 10 and Appendix 1.

2.   Agreed the HRA revenue outturn for 2023/24 as outlined in section 11 and Appendix 2.

3.   Agreed the year end Capital position as outlined in section 12 and Appendix 3.

4.   Noted the year end Reserves position as detailed in section 13.

Reason(s):

To ensure that the Executive fulfils its responsibilities for the overall financial management and transparency of the Council’s resources.

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

The Executive considered a report that advised on the provisional (unaudited) Revenue, Housing Revenue Account (HRA) and Capital year end position for the financial year 2023/24 together with the reserves position. The draft statement of accounts had been published as per the statutory deadline of 31 May 2024.

The accounts as set out we as had been expected. The savings made were on interest and capital charges as a result of the council’s capital schemes being reduced throughout the year. Savings made had been transferred to reserves.

The HRA budget showed an underspend as there had been less new build than had been budgeted for. The reserves statement set out what had been ringfenced and what was available to be spent. Non-ringfenced reserves amounted to around £17m, however the council imposed further ringfencing for specific needs upon those available reserves and the MTPF reserve set out a true figure of just over £8m in available funds.

The Executive noted that it was positive to end the year with a transfer of £3.62m to reserves. The council’s capital budget should be reprofiled for future years in the light of the continuing reduction in expenditure against capital schemes.

RESOLVED:

1.   Agreed the General Fund revenue outturn for 2023/24 as a balanced position after a transfer of the year end surplus of £3.62M to reserves.  Details are shown in section 10 and Appendix 1.

2.   Agreed the HRA revenue outturn for 2023/24 as outlined in section 11 and Appendix 2.

3.   Agreed the year end Capital position as outlined in section 12 and Appendix 3.

4.   Noted the year end Reserves position as detailed in section 13.

Reason(s):

To ensure that the Executive fulfils its responsibilities for the overall financial management and transparency of the Council’s resources.

Decision:

Noted the report and commended it to full Council (meeting on 8 October 2024) in recognition of the Council’s current carbon emissions and climate change status.

Reason(s):

The Climate Change Board is constitutionally a working group of the Executive and is required to report on its business and achievements to the Executive at least annually. On 23 July 2024, full Council adopted a new Corporate Strategy that included a ‘more sustainable borough’ at Priority 1 and once again reinforced this Council’s commitment to reaching net zero by 2030. For this reason, the Executive is asked to refer the report to full Council for its wider circulation, engagement, and comment.

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

The annual report set out an overview of the council’s progress in its ambition to reach net zero by 2030 in recognition of the Climate Emergency declared by full Council in July 2019.

Included, was a summary of the activities and achievements of the Council’s Climate Change Board (CCB) and a summary of the reduction of the Council’s carbon emissions for the fiscal year 2022/23. There was a lag on reporting in this respect and it was expected there would be a further report detailing the council’s more recent emissions data in the spring.

The report also set out progress and achievements made following the adoption of the Climate Change Action Plan (CCAP) in March 2023.

Since adoption of the CCAP there had been good progress made against a broad spectrum of actions and of those nineteen actions had already been completed and eighty-six were in progress. Past emissions data had seen an ongoing decline albeit somewhat affected by the pandemic period.

Climate change was now a key priority within the council’s recently adopted Corporate Strategy which would influence service plans and budgets across the organisation.

In regard to the trajectory, it was noted that the current illustration of progress as a gentle, continuing decline would be unlikely. More likely, there would be step changes as the council implemented its policy commitments, for example the decarbonisation of the waste fleet. It was also expected that some offsetting might be involved. The trajectory could be used to set the council’s carbon budget and was itself an important tool for the organisation. The coming 3-4 years would be critical for the council in terms of reaching Net Zero by 2030.

The CCB partnership work was noted as was the ambition of the council in setting itself high targets. The current constraint on resources was also noted but it was hoped budgets would enable additional resource as soon as was prudent.

RESOLVED:

To note the report and commend it to full Council (meeting on 8 October 2024) in recognition of the Council’s current carbon emissions and climate change status.

Reason(s):

The Climate Change Board is constitutionally a working group of the Executive and is required to report on its business and achievements to the Executive at least annually. On 23 July 2024, full Council adopted a new Corporate Strategy that included a ‘more sustainable borough’ at Priority 1 and once again reinforced this Council’s commitment to reaching net zero by 2030. For this reason, the Executive is asked to refer the report to full Council for its wider circulation, engagement, and comment.

Decision:

1.   Adopt the Climate Change, Sustainable Design, Construction and Energy Supplementary Planning Document (SPD) as shown in Appendix 1 of this report, and

2.   Withdraw the Climate Change, Sustainable Design, Construction and Energy Supplementary Planning Document (2020).

Reason(s):

1.       Adopting the new SPD will provide detailed guidance for adopted Local Plan policy that addresses climate change and sustainability. This will help ensure clarity and consistency in decision making and help to deliver sustainable development.

2.       The new SPD replaces the 2020 SPD, which is no longer required. Keeping it in place would complicate the planning process unnecessarily.

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

The purpose of the Climate Change, Sustainable Design, Construction and Energy Supplementary Planning Document (SPD) was to provide guidance for existing policies in the Local Plan: Strategy and Sites (adopted 2019) and Local Plan: Development Management Policies (adopted 2023) that related to climate change adaptation and mitigation, low and zero carbon energy and sustainable development.

The SPD did not create new policy, but, if adopted, the SPD would form a material consideration in planning decisions. Adoption of the SPD would help applicants and decision makers in the submission and determination of planning applications by providing additional clarity and ensuring better consistency.

Following the adoption of the Local Plan: Development Management Policies and changes in construction regulations, the new document was to supersede the Climate Change, Sustainable Design, Construction and Energy Supplementary Planning Document that was adopted in 2020.

The new draft document had been through consultation with the Local Plan Panel and the Climate Change Board. Officers were commended and the draft document welcomed.

RESOLVED:

1.   To adopt the Climate Change, Sustainable Design, Construction and Energy Supplementary Planning Document (SPD) as shown in Appendix 1 of the report, and

2.   Withdraw the Climate Change, Sustainable Design, Construction and Energy Supplementary Planning Document (2020).

Reason(s):

1.       Adopting the new SPD will provide detailed guidance for adopted Local Plan policy that addresses climate change and sustainability. This will help ensure clarity and consistency in decision making and help to deliver sustainable development.

2.       The new SPD replaces the 2020 SPD, which is no longer required. Keeping it in place would complicate the planning process unnecessarily.

Decision:

Considered the contents of this report in respect of the proposed over £200,000 activity that is listed in Appendix 1; and, in accordance with the Council’s Contract Procedure Rules, give Approval to Procure to each procurement procedure listed in Appendix 1 to the Report, noting that the values, potential route to market and whether a tender is collaborative with Waverley may change.

Reason(s):

1.                 Executive is required to approve all key decisions with financial consequences of £200,000 or more. It is good governance therefore to provide Executive with a summary of all proposed procurements, that individually are estimated to be total value of £200,000 or more, prior to procurement procedures formally commencing.

2.                 Planning procurement activity ensures:

•       effective stakeholder management

•       effective procurement and sourcing

•       compliance with relevant procurement legislation and the Council’s own CPRs

•       how best value is to be achieved is clearly defined including how contract management will ensure that that the Council attains best value during the life of the contract

3.                 To avoid the need to submit multiple individual requests for Approval to Procure in FY2024/25

4.                 A further paper discussing awards will be submitted in due course.

Other options considered and rejected by the Executive:

Bring each individual item to Executive, which will incur more time and cost writing individual reports.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

The council defined a key decision, in terms of procurement, as those with a financial consequence of £200,000 or more. Under the new Contract Procedure Rules (CPRs) approved by full Council earlier this year, Executive must give permission to Procurement to tender for and award contracts with a value greater than £200,000.

The Executive considered a report that provided advance notice of the planned or known forthcoming procurement activities upon which Executive would need to make a key decision.

RESOLVED:

To consider the contents of the report in respect of the proposed over £200,000 activity that is listed in Appendix 1; and, in accordance with the Council’s Contract Procedure Rules, give Approval to Procure to each procurement procedure listed in Appendix 1 to the Report, noting that the values, potential route to market and whether a tender is collaborative with Waverley may change.

Reason(s):

1.                 Executive is required to approve all key decisions with financial consequences of £200,000 or more. It is good governance therefore to provide Executive with a summary of all proposed procurements, that individually are estimated to be total value of £200,000 or more, prior to procurement procedures formally commencing.

2.                 Planning procurement activity ensures:

•       effective stakeholder management

•       effective procurement and sourcing

•       compliance with relevant procurement legislation and the Council’s own CPRs

•       how best value is to be achieved is clearly defined including how contract management will ensure that that the Council attains best value during the life of the contract

3.                 To avoid the need to submit multiple individual requests for Approval to Procure in FY2024/25

4.                 A further paper discussing awards will be submitted in due course.

Decision:

1.   To recommend to Full Council that until permanent arrangements have been adopted Joint Posts will be appointed by Waverley Borough Council on Waverley Terms and Conditions of employment with a 10% uplift on salary as set out in para 6.3 of this report and Appendix 1;

2.   To note the Head of Paid Service’s proposal to introduce a Policy for creating Joint Posts until permanent arrangements are approved as set out in para 6.4 of this report;

3.   To note the Head of Paid Service’s proposal to introduce a Joint Posts job evaluation competency framework until permanent arrangements are approved as set out in para 6.5 of this report;

4.   To note the Head of Paid Service’s proposal to introduce a Joint Post Salary Grades and Scales Structure until permanent arrangements are approved as set out in para 6.6 of this report and Appendix 2;

5.   To note the Head of Paid Service’s proposal to introduce a Restructure Policy for joint posts until permanent arrangements are approved as set out in out in para 6.7 of this report;

6.   To recommend to Full Council the revisions to the statutory Pay Policy documentation for GBC and that these documents be presented to Full Council for approval as set out in this report and Appendix 3.

7.   To receive a report back from the Head of Paid Service within a two year period setting out recommendations for permanent arrangements and an update on the wider collaboration programme within a six month period.

Reason(s):

1.       The salary benchmarking exercise undertaken concludes the outstanding action from the Officer Resource: Legal & Democratic Services paper presented to GBC Executive on 16 May 2024 and WBC Executive on 7 May 2024.

2.       The salary benchmarking paper sets out findings which reduces the costs of the new Legal and Democratic Services structure.  This is set out in Appendix 1.

3.       Corporate Leadership Board (CLB) has recognised that we need to make long-term decisions relating to how we best harmonise working practices across GBC and WBC. However, we also need to be able to respond to short term pressures from across the councils to implement joint roles across both councils, where CLB agrees that it is appropriate and that there is an urgent and evidence-based need for joint posts to be implemented. 

4.       Therefore, we need to ensure that for a temporary period of time we have appropriate policy, process, and systems in place to ensure that any joint post arrangements are applied consistently, are underpinned by sound governance, are affordable and in line with both councils’ statutory duties relating to best value.  Additionally, we need to mitigate against any possible risks associated with collaborating across two councils with different job evaluation and salary structures (e.g. equal pay). 

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

The Executive considered a high level report in respect of interim policies and processes concerned with the creation of joint staff posts as a part of the Collaboration Programme. The same or a similar report would be submitted to the Waverley Executive during the following week.

The creation of joint posts presented a further enhancement in the collaborative working across both councils. Officers were actively working on scoping a programme of work around the harmonisation of working practices and a separate report would come to the Executives of both councils later in the year.

During the restructure of Legal and Democratic Services there was a dependency on a salary benchmarking exercise to confirm what salary uplift should be applied to these new joint posts. To assist, the Corporate Leadership Board had agreed a number of key principles including that an additional payment be made called a ‘Special Responsibility Payment’. This definition would only be used in the context of new joint posts as under normal circumstances an honorarium payment was made for special responsibilities for an agreed period of time.

It was proposed that all future joint posts should be created using Waverley terms and conditions of employment and that there should be updated interim policies and processes that would underpin the creation of new joint posts and they would remain valid only until the conclusion of the broader terms and conditions of employment programme.

It was noted that there were revised recommendations and legal comment set out in the Supplementary Information Sheet.

The Executive thanked officers and noted the flexibility the proposed temporary arrangements offered both councils.

RESOLVED:

1.   To recommend to Full Council that until permanent arrangements have been adopted Joint Posts will be appointed by Waverley Borough Council on Waverley Terms and Conditions of employment with a 10% uplift on salary as set out in para 6.3 of this report and Appendix 1;

2.   To note the Head of Paid Service’s proposal to introduce a Policy for creating Joint Posts until permanent arrangements are approved as set out in para 6.4 of this report;

3.   To note the Head of Paid Service’s proposal to introduce a Joint Posts job evaluation competency framework until permanent arrangements are approved as set out in para 6.5 of this report;

4.   To note the Head of Paid Service’s proposal to introduce a Joint Post Salary Grades and Scales Structure until permanent arrangements are approved as set out in para 6.6 of this report and Appendix 2;

5.   To note the Head of Paid Service’s proposal to introduce a Restructure Policy for joint posts until permanent arrangements are approved as set out in out in para 6.7 of this report;

6.   To recommend to Full Council the revisions to the statutory Pay Policy documentation for GBC and that these documents be presented to Full Council for approval as set out in this report and Appendix 3.

7.   To receive a report back from the Head of Paid Service within a two year  ...  view the full minutes text for item EX54

Decision:

1.   To authorise the entering into of a contract for the appointment of NEC Supervisors with a financial cap of £2 million pounds for a term of 4 years; and

2.   To delegate to the Joint Strategic Director for Finance authority to enter into call-off contracts of any value under this contract in consultation with the Portfolio Holder if it is a Key Decision.

Reason(s):

It will save time and resources for the Council to undertake a single procurement exercise and award a contract enabling services to be called off as and when required for individual projects.

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

The Council had recently reviewed its governance processes and a new Scheme of Delegation was adopted on 23 July 2024. The new arrangements provided the award of any contract which resulted in a Key Decision would be made by Executive. 

The Executive considered a report that sought approval to award a contract that would enable the council to make individual appointments of a supervisor whose role would be to manage and monitor specific New Engineering Contract (NEC) form contracts. It was noted that the procurement for this contract was commenced under the previous scheme of delegation and that General Exception Procedure Rule 15 had been used as it is necessary to make appointments under this contract on an urgent basis.

The additional recommendation 2 was set out in the Supplementary Information Sheet.

RESOLVED:

1.   To authorise the entering into of a contract for the appointment of NEC Supervisors with a financial cap of £2 million pounds for a term of 4 years; and

2.   To delegate to the Joint Strategic Director for Finance authority to enter into call-off contracts of any value under this contract in consultation with the Portfolio Holder if it is a Key Decision.

Reason(s):

It will save time and resources for the Council to undertake a single procurement exercise and award a contract enabling services to be called off as and when required for individual projects.

Decision:

To approve the proposed sale of Stoke Cemetery Lodge for £550,000.

Reason(s):

This will provide the Council with a capital receipt of £550,000 for a property which is currently surplus to requirements and not in use.

Other options considered and rejected by the Executive:

To not agree the sale.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

The Executive considered a report arising from the council’s Asset Disposal Programme.

The council owned Stoke Cemetery Lodge; a residential property located in Stoke Cemetery.  The council considered the asset surplus to requirements and wished to sell it to raise a capital receipt. The property had been independently valued between £460,000 to £560,000 and an offer of £550,000 for the freehold purchase had been received.

The Executive noted that the property no longer served an operational purpose and that spending on maintenance and council tax would not be a good use of public money. The offer was just under the high end of the valuation and the sale appeared to be a good financial outcome for the council.

RESOLVED:

To approve the proposed sale of Stoke Cemetery Lodge for £550,000.

Reason(s):

This will provide the Council with a capital receipt of £550,000 for a property which is currently surplus to requirements and not in use.

Decision:

To enter a one year contract with an anticipated approximate value of

£700,000 with Kincraig Construction Limited.

Reason(s):

To enable the council to undertake and manage the refurbishment of void properties so that these can be relet.

Other options considered and rejected by the Executive:

Not to enter the contract which present a significant risk to the council until the longer term procurement exercise can be undertaken.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

The council had recently reviewed its governance processes and a new Scheme of Delegation was adopted on 23 July 2024. The new arrangements provided the award of any contract which resulted in a Key Decision would be made by Executive.  The Executive considered a report that sought authority for the award of a one year contract to deliver void works across the borough.

The Leader of the Council thanked the chairmen of the council’s Overview and Scrutiny Committees for their cooperation in waiving call-in in respect of this decision as it had become a matter of urgency to move forward with the contract.

The Executive welcomed the new contract as it was desirable to manage any voids in the councils estate as quickly and efficiently as possible for the benefit of residents.

RESOLVED:

To enter a one year contract with an anticipated approximate value of

£700,000 with Kincraig Construction Limited.

Reason(s):

To enable the council to undertake and manage the refurbishment of void properties so that these can be relet.