Agenda and minutes

A webcast of the meeting can be viewed at https://bit.ly/2NKDhFz

The minutes of the meeting held on 11 February 2022 were taken as read, confirmed and signed.

There were no urgent items for consideration.

The Chairman invited members who wished to do so to declare any interest in respect of items on the agenda for the meeting.

Mr. N. J. Rushton CC declared an Other Registerable Interest in item 5 (A511 Growth Corridor Proposals - Bardon Link Road) and item 15 (Response to North West Leicestershire District Council Local Plan Review: Development Strategy and Policy Options (regulation 18) consultation as a member of North West Leicestershire District Council.

Mr. L. Breckon CC and Mrs. L. Richardson CC both declared an Other Registerable Interest in item 14 (Response to the Hinckley and Bosworth Borough Council Pre Submission Local Plan (2020 - 2039) Regulation 19 Consultation) as members of Blaby District Council.

Mr. O. O’Shea CC also declared an Other Registerable Interest in agenda item 14 as a member of Hinckley and Bosworth Borough Council.

Mr. R. J Shepherd CC and Mr. O. O’Shea CC both declared a non- registrable interest in item 7 (Local Bus Service Challenges and Impacts) as concessionary travel pass holders.

The Cabinet considered a report of the Director of Environment and Transport regarding the Department’s 2022/23 Highways and Transportation Capital Programme and Works Programme. A copy of the report, marked ‘Agenda Item 4’, is filed with these minutes.

Mr O’Shea CC said that whilst the Authority was one of the lowest funded County Council’s in the Country, it continued to have a very ambitious capital programme. He added that the Programme was not without financial risk but the Council would do its best to deliver it.

Mr Breckon CC said that recommendation c) emphasised the financial pressures faced by the County Council when delivering highways and transport schemes.

RESOLVED:

a)    That the Environment and Transport Department’s 2022/23 Highways and Transportation Capital Programme and Works Programme be approved;

b)    That the Director of Environment and Transport be authorised:

                          I.          Following consultation with the Director of Corporate Resources and the Cabinet Lead Members for Highways and Transportation and Corporate Resource, to prepare and submit bids, as appropriate, to secure external funding for delivery of schemes identified in the Highways and Transportation Capital Programme and Works Programme;

                        II.          Following consultation with the Director of Corporate Resources, the Director of Law and Governance and the Cabinet Lead Member for Corporate Resources, to enter into such contracts as is necessary to progress schemes in the approved Highways and Transportation Capital Programme and Works Programme to allow early contractor involvement to take place in advance of all external funding required to deliver the scheme being secured, subject to the key principles (a) to (g) set out in paragraph 41 of the report.

c)     That it is important for members to note at a division level and from a wider, corporate perspective that high and growing cost inflation will deliver less, in terms of both major and minor schemes, and that external funders are unlikely to increase their contributions in the case of schemes currently programmed and yet to be programmed.

(KEY DECISION)

REASONS FOR DECISION:

To approve the Environment and Transport Department’s Highways Capital Programme and Works Programme for the 2022/23 financial year.

To enable the delivery of large capital schemes using a collaborative approach to work with contractors to reduce risk and increase cost certainty. Working in this way will also provide necessary assurance to partners and third-party funders contributing to the cost of delivering the Highways Capital Programme.

The Cabinet considered a report of the Director of Environment and Transport concerning the A511 Growth Corridor, which included information regarding the projected cost increase and the results of an informal consultation exercise on the proposed Bardon Link Road. The Cabinet’s approval was sought to approve the submission of a planning application for the Link Road and for the necessary action to be taken to secure the land required to deliver the road. A copy of the report, marked ‘Agenda Item 5’, is filed with these minutes.

Mr O’Shea CC said this particular area of the County was experiencing a significant amount of growth and therefore the link road was a vital part of the infrastructure, as recognised in North West Leicestershire District Council’s Local Plan.

RESOLVED:

a)    That the revised costs estimates for the A511 Major Road Network (MRN) project arising from the independent audit of the Highways and Transport Capital Programme be noted;

b)    That the resultant financial approach developed to address the revised project costs be noted; 

c)     That the results of the informal consultation on the proposed Bardon Link Road be noted;

d)    That the proposed route for the Bardon Link Road, as set out in Appendix A to the report, be approved and that the Director of Environment and Transport be authorised to make minor alterations to the route as necessary;

e)    That the Director of Environment and Transport be authorised:

                         I.          Following consultation with the Director of Corporate Resources and the Cabinet Lead Member for Highways, Transportation and Flooding, to continue all necessary work to progress the A511 Growth Corridor scheme including submission of the Full Business Case to the Department for Transport (DfT) and submission of a planning application in respect of the route of the Bardon Link Road aligned to the programme for scheme delivery as required by the DfT;

                       II.          Pursuant to (e) (i) above, in consultation with the Director of Law and Governance and following consultation with the relevant Cabinet Lead Members, to continue discussions with landowners and stakeholders, with a view to reaching voluntary agreement over the purchase and/or reservation of land for the Bardon Link Road elements of the A511 Growth Corridor MRN project;

                     III.          To make preparations in parallel with (ii) above for the use of compulsory purchase powers pursuant to the Highways Act 1980 and the Acquisition of Land Act 1981, taking all steps necessary to include the preparation of the Draft Compulsory Purchase Order, associated Side Roads Order and Statement of Reasons.

(KEY DECISION)

REASONS FOR DECISION:

To note the projected cost increases for the A511 MRN project following the recent independent audit of the Environment and Transport Capital Programme and plans in place to secure the additional funding required.

To note the outcome of the pre-planning informal consultation which took place between 27 September 2021 and 31 October 2021 to support the development of a planning application and to enable the planning application with regard to the route of the Bardon Link Road to be submitted to the County Council's Development Control and Regulatory Board.

In order to complete the application process for DfT MRN funding, it is necessary for the County Council to prepare and submit a FBC before DfT funding is awarded.

Where possible, it is hoped that the acquisition of land and rights or interests in land will be achieved by negotiation and agreement with landowners. However, alongside and in conjunction with the negotiations with the landowners, it will be essential to commence the preparation for the use of the compulsory purchase powers to procure land and rights or  ...  view the full minutes text for item 109.

The Cabinet considered a report of the Director of Environment and Transport which sought approval for an Enhanced Partnership Plan and Enhanced Partnership Scheme in line with the Leicestershire Bus Service Improvement Plan. Approval was also sought for the County Council to enter into an Enhanced Partnership with bus service operators. A copy of the report, marked ‘Agenda Item 6’, is filed with these minutes.

Mr O’Shea CC thanked those who responded to the consultation and said it was vital the County Council was provided the appropriate funding allocation from Government to enable the Authority to deliver upon its plans.

RESOLVED:

a)    That the outcome of the consultation undertaken by the County Council in respect of the Enhanced Partnership Plan and Enhanced Partnership Scheme be noted;

b)    That the establishment of an Enhanced Partnership with bus service operators, based on the Enhanced Partnership Plan and Enhanced Partnership Scheme (Appendices A and B respectively to the report) be approved;

c)     That registrations for local bus service changes and requests for funding to support local bus services continue to be assessed in line with the Council’s adopted Passenger Transport Policy and Strategy (PTPS), pending a review of the PTPS once the Enhanced Partnership is in place.

(KEY DECISION)

REASONS FOR DECISION:

To note the outcome of the consultation and the views expressed.

To fulfil the Government’s requirement to have an Enhanced Partnership (supported by a Plan and Scheme) in place, which will be the delivery vehicle for the Bus Service Improvement Plans (BSIP) and a pre-requisite for the Council to be considered for BSIP funding.

To note the intention for the County Council to continue to assess registrations for local bus service changes and requests for funding to support them, in line with the PTPS and the intention to review the PTPS once the Enhanced Partnership is in place.

The Cabinet considered a report of the Director of Environment and Transport concerning the continued impacts of the Covid-19 pandemic and other significant factors which were affecting local bus provision and the actions being taken to address them. A copy of the report, marked ‘Agenda Item 7’, is filed with these minutes.

The Director said that the Cabinet was asked to consider an additional recommendation (h) which detailed the urgent action taken by the Chief Executive in order to extend the Council’s supported bus contracts to enable a tendering exercise to be undertaken. She added that the four month extension until the end of July was expected to cost in the region of £200,000, with the entire costs of the contracts totalling £903,466.

Mrs Taylor CC said it was clear the pandemic was continuing to have an impact on the County’s bus services as patronage levels remained below pre- covid use. She added that it was important to note that bus services in Leicestershire were a commercial operation and whilst the County Council had subsidised many services in the past, it was unlikely to be able to afford to continue to offer the same support and would therefore have to explore alternative solutions.

Mr O’Shea CC said that as a result of the services being commercially operated, it was likely some routes would be stopped unless the number of people using them significantly increased.

RESOLVED:

a)    provide the Cabinet with an update concerning the continued impacts of the Covid-19 pandemic and other significant factors, such as increased fuel costs and driver shortages, which are affecting the bus market nationally, and to highlight the issues arising in Leicestershire and the actions being taken to address them. That the challenging situation regarding local bus services in Leicestershire and its implications for the County Council and bus operators be noted;

b)    That the actions already taken to mitigate the impact of the challenges facing local bus services, including the payment of a higher level of concessionary travel reimbursement than actual concessionary use, be noted;

c)     That it be noted that the Director of Environment and Transport, following consultation with the Cabinet Lead Member for Highways, Transportation and Flooding and Director of Corporate Resources will, using her existing delegated authority

                                   I.          set the level of concessionary travel reimbursement from 1 June 2022 to 31 March 2023;

                                 II.          in accordance with the Council’s Passenger Transport Policy and Strategy (PTPS), agree with existing supported service providers to extend contracts and where necessary, the payment of short-term increases to them until the new contracted arrangements are in place.

d)    That the Director of Environment and Transport be authorised, following consultation with the Cabinet Lead Member for Highways, Transportation and Flooding and Director of Corporate Resources, to take the necessary steps to award contracts for supported bus services from July 2022;

e)    That, noting the current issues affecting the local commercial bus market, the Director of Environment and Transport following consultation with the Cabinet Lead Member for Highways, Transportation and Flooding and Director of Corporate Resources, be authorised to take such action as necessary to ensure the continued provision of services in line with the PTPS;

f)      That the links and dependencies of the local bus market with the Council’s Bus Service Improvement Plan and formulation of its Enhanced Partnership (considered as part of a separate report on the Cabinet agenda), be noted;

g)    That if the outcome of (d) and (e) above result in significant changes to local bus services or costs to the Council the Cabinet will consider a further report on the matter.

h)    That  ...  view the full minutes text for item 111.

The Cabinet considered a report of the Director of Environment and Transport which sought approval of the County Council’s response to Leicester City Council’s consultation on its Workplace Parking Levy Business Case proposals. A copy of the report, marked ‘Agenda Item 8’, is filed with these minutes.

Members noted comments from Mr. Max Hunt CC, a copy of which is filed with these minutes.

Mrs Taylor CC said she was concerned the proposals would have a significant impact on schools which would be required to pay the levy, putting further strain on budgets.

Mr O’Shea CC said he had particular concerns with regard to the charging of school and NHS staff to park and also the potential displacement of parking into the County. He added that the County Council was working with the City Council to consider how such displacement could be managed if it occurred.

Mr Bedford CC said the proposals would have a significant impact on many County residents, particularly those who worked in the hospitals located in the City and he was disappointed that NHS workers would not be exempt from such charges.

RESOLVED:

a)    That the concerns expressed by Members to date regarding Leicester City Council’s (LCiC) Workplace Parking Levy Business Case proposals (the proposals) as set out in this report be noted;

b)    That in the event of the Workplace Parking Levy being put in place in Leicester, LCiC be requested:

                                   I.          To ensure that it establishes appropriate data collection and monitoring arrangements in respect of the impacts identified and in assessing the benefits of the enhanced passenger transport and cycling and walking measures funded by the Levy;

                                 II.          To develop the Displaced Parking Strategy and to establish a Displaced Parking Task Force (as indicated in the proposals) to mitigate the impact of any displaced parking, including in areas of the County; and

                                III.          Where there is evidence of adverse impacts in County areas, to identify appropriate mitigation measures and to implement those measures at no cost to the County Council;

c)     That it be noted that LCiC has been in close discussion with the NHS which is currently considering its position on the WPL proposal;

d)    That the County Council does not raise a formal objection to the proposals subject to the action in (b) above being taken by LCiC;

e)    That the comments set out in Appendix B to the report be submitted to LCiC as the views of the County Council.

REASONS FOR DECISION:

To note the concerns expressed by members of the County Council which have informed the Council’s views on the proposals.

To ensure that the potential effects on communities and businesses in the County are carefully monitored and that mitigation is provided where necessary, working with the County Council. It is the view of the County Council that any such mitigation should be funded by LCiC.   

It is recognised that the WPL is a key element of LCiC’s proposed LTP4 and its outcomes align well to the Department for Transport’s policy agenda for the decarbonising of transport. The proposals can be, in principle, an appropriate response to the growth and carbon challenges faced by the local area.

To ensure that the views of the County Council are taken into account.

The Cabinet considered a report of the Director of Environment and Transport which advised the Cabinet of urgent action taken by the Chief Executive to agree an exception to the Council’s Contract Procedure Rules which enabled the direct appointment of Confirm Solutions Ltd which provided software to manage the Council’s highways infrastructure maintenance. A copy of the report, marked ‘Agenda Item 9’, is filed with these minutes.

RESOLVED:

That the action taken by the Chief Executive to agree an exception to the Contract Procedure Rules to enable the appointment of Confirm Solutions Limited for three years ending on 30 September 2025 be noted.

REASON FOR DECISION:

The Council’s Constitution (Contract Procedure Rule 6 (b) (ii)) provides that exceptions to the Contract Procedure Rules may be made by the Cabinet where it is satisfied that an exception is justified on its merits and that in urgent cases the Chief Executive (after consultation with the Leader) may direct that an exception be made subject to it being reported to the Cabinet.

The Cabinet considered a report of the Director of Adults and Communities which sought approval for the Council’s revised Charging for Social Care and Support Policy to be introduced from 11 April 2022. A copy of the report, marked ‘Agenda Item 10’, is filed with these minutes.

RESOLVED:

a)    That the revised Charging for Social Care and Support Policy be approved for implementation from 11 April 2022;

b)    That it be noted that future revisions to the Policy to reflect any further changes in legislation and good practice will be made by the Director of Adults and Communities using his delegated powers.

(KEY DECISION)

REASON FOR DECISION:

To approve a revised policy for charging for adult social care and support to be implemented from 11 April 2022.

To enable the Minimum Income Guarantee and Personal Expenses Allowance (MIG/PEA) amounts to be revised each April in line with changes to the Regulations under the powers delegated to the Director.

The Cabinet considered a report of the Chief Executive concerning the outcome of consultation on the County Council’s draft Strategic Plan 2022-26 and sought approval for the Plan to be submitted to the County Council in May for approval. A copy of the report, marked ‘Agenda Item 11’, is filed with these minutes.

RESOLVED:

a)    That the outcome of the consultation on the draft Strategic Plan 2022-26 be noted;

b)    That the draft Strategic Plan 2022-26, appended to the report, be submitted to the County Council for approval on 18 May 2022.

(KEY DECISION)

REASON FOR DECISION:

The Strategic Plan (2022-26) will provide an important strategic planning framework for the Council which will ensure that all service plans and strategies contribute to delivery of the Council’s vision for Leicestershire.

The Cabinet considered a report of the Chief Executive concerning the outcome of engagement on the County Council’s Communities Strategy - Our Communities Approach 2022-26 and sought approval for the Plan to be submitted to the County Council in May for approval. A copy of the report, marked ‘Agenda Item 12’, is filed with these minutes.

Mrs Posnett CC said the Strategy illustrated the Council’s commitment to continue to work with communities across the County.

RESOLVED:

a)    That the outcome of engagement on the draft Communities Strategy: Leicestershire County Council - Our Communities Approach 2022-26 be noted:

b)    That the draft Communities Strategy: Leicestershire County Council - Our Communities Approach 2022-26, appended to the report, be submitted to the County Council for approval on 18 May 2022.

REASON FOR DECISION:

To note feedback from engagement and how this has informed the final draft of the revised Leicestershire County Council Communities Strategy - Our Communities Approach 2022-26.

To enable implementation of the Communities Approach which will support delivery of the Council’s Strategic Plan.

The Cabinet considered a report of the Chief Executive concerning the County Council’s comments, as the Local Highway Authority, in response to the consultation on the proposed Hinckley National Rail Freight Interchange being undertaken by Tritax Symmetry, the applicant. A copy of the report, marked ‘Agenda Item 13’, is filed with these minutes.

Members noted comments from Mrs. M. Wright CC, a copy of which is filed with these minutes.

With the permission of the Chairman, Mrs. M. Wright CC, the Local Member for Stoney Stanton and Croft, spoke on the report. She welcomed the County Council’s reply to the consultation as the Local Highway Authority which raised issues which were of major concern for the local residents she represented. She added that there were other major areas of concern other than Highways matters, including the loss of an extensive green field site, localised health implications, noise pollution, the impact on carbon neutral ambitions and the lack of multi-modal commuting plans to ensure the proposed 8,400 employees did not all access the site by car.

She added that it had been difficult to engage with the applicant regarding the proposals and the consultation to date had been inadequate. It was therefore essential that a second consultation exercise was undertaken, specifically on the revised preliminary Environmental Impact Report.

Mrs Richardson CC welcomed Mrs Wright’s comments and moved that her written representations submitted to the Cabinet be forwarded to the applicant along with the County Council’s response.

RESOLVED:

a)    That the comments set out in the Appendix to the report to be submitted to Tritax Symmetry as the views of the County Council, as the Local Highway Authority, on the proposed Hinckley National Rail Freight Interchange be noted;

b)    That it be noted that minor amendments may be made to the comments by the Director of Environment and Transport in consultation with the Director of Law and Governance (using their delegated powers) to reflect, for example, comments of the Cabinet, prior to their submission to Tritax Symmetry on 8 April.

c)     That the written representation submitted by the local member, Mrs M. Wright CC, be forwarded to the applicant along with the County Council’s comments.

REASONS FOR DECISION:

The response sets out key comments for consideration by the applicant, Tritax Symmetry in preparing its application to the Planning Inspectorate.

The Director of Environment and Transport will use their delegated powers to submit the comments, however it is being presented to the Cabinet as the Local Highway Authority has concerns regarding the applicant’s transport, data and evidence use to inform the modelling.

The Cabinet considered a report of the Chief Executive regarding the content of Hinckley and Bosworth Borough Council’s Pre-submission Regulation 19 Local Plan and the comments to be submitted to the Borough Council as the views of the County Council. A copy of the report, marked ‘Agenda item 14’, is filed with these minutes.

Mr Bedford CC said that it was crucial a comprehensive Local Plan was in place and there continued to be concerns within the Borough’s villages that without such a Plan housing developments would continue to be built without the necessary infrastructure. He added that whilst he recognised the development of a local plan was a significant undertaking, there were concerns with regard to the quality of the planning documents being produced by the Borough Council which were not consistent with national policy. The Borough’s insistence to submit its Regulatory 19 Plan to the Planning Inspectorate without an up to date sustainability appraisal and proper consideration of the transport implications was of real concern and he fully understood why the County Council would object at the Local Plan’s examination unless the issues were resolved.

Mr O’Shea CC said that the lack of a viable Local Plan for the Borough had already resulted in housing developments being built without the required infrastructure and more would follow unless a sustainable Plan was developed and approved.

Mrs Taylor said there was concern that the lack of planning for new school places in the Borough would result in children having to travel significant distances across the County to attend school. 

RESOLVED:

a)    That the County Council’s response to the Hinckley and Bosworth Borough Council (H&BBC) Pre-submission Regulation 19 Local Plan consultation, set out in paragraphs 36 to 67 inclusive and the Appendix to the report be noted;

b)    That the County Council at this stage considers insufficient evidence has been provided to demonstrate that the Local Plan meets the tests of soundness as set out in paragraph 35 of the National Planning Policy Framework and strongly discourages H&BBC from submitting its Local Plan while relevant significant issues are still to be resolved;

c)     That it be noted that should H&BBC proceed with the submission of its Local Plan to the Planning Inspectorate at this stage without addressing the concerns raised by the County Council, the County Council will object at H&BBC’s Local Plan Examination;

d)    That it be noted that the County Council will continue to work with H&BBC to try to resolve issues to help develop a Local Plan that is sound (in planning terms) and deliverable.

REASON FOR DECISION:

H&BBC’s Regulation 19 consultation took place from 9 February to 23 March 2022. The Chief Executive was authorised by the Cabinet at its meeting on 11 February 2022 to submit comments on behalf of the County Council to enable a response to be submitted within the statutory timeframe. HBBC’s new Local Plan will set out the Borough Council’s development strategy to 2039. Given its location close to Leicester and close functional connectivity to communities living and working in Blaby, Charnwood, and North West Leicestershire, the content of the emerging Local Plan is particularly important to this area and the wider Leicester and Leicestershire Housing Market Area.

The planning system requires that a local planning authority may only submit its Local Plan for examination if it is confident it will meet the tests of soundness. H&BBC has indicated that the Local Plan will be submitted without an accompanying up-to-date Sustainability Appraisal on the Pre-Submission Regulation 19 Local Plan, without proper consideration of the transport  ...  view the full minutes text for item 118.

The Cabinet considered a report of the Chief Executive regarding the content of North West Leicestershire District Council’s Draft Local Plan and sought approval for comments to be submitted to the Borough Council as the views of the County Council. A copy of the report, marked ‘Agenda item 15’, is filed with these minutes.

RESOLVED:

a)    That the County Council’s response to the North West Leicestershire District Council’s (NWLDC) Development Strategy and Policy Options consultation, set out in paragraphs 39 to 92 inclusive and the appendices to the report be approved;

b)    That the Chief Executive, following consultation with the Cabinet Lead Member, be authorised to submit further NWLDC Regulation 18 consultation responses as the views of the County Council unless there are substantive issues raised which need to be considered by the Cabinet;

c)     That NWLDC be advised that the County Council considers that partnership working arrangements between the District Council, the County Council and other partners are vital in the preparation of its new Local Plan and the ongoing commitment to the Growth Collaboration Agreement between the County Council and NWLDC is encouraged.

REASONS FOR DECISION:

The response sets out key comments for consideration by NWLDC in the early stage of developing its new Local Plan. It seeks to ensure alignment with the outcomes of the County Council's current Strategic Plan (and the emerging Strategic Plan 2022-26) and the Leicester and Leicestershire Strategic Growth Plan (SGP), and to influence the content of the Local Plan in the interests of local communities, including to ensure that the Local Plan provides as robust as possible policy framework for securing the provision of the infrastructure and services required to support its successful delivery.

NWLDC's approach to developing its Local Plan involves three Regulation 18 consultations which each time will build on consideration of previous consultation findings. It is not deemed necessary to return to the Cabinet at successive meetings unless there are substantive issues needing to be considered and therefore a delegation is sought to enable the Chief Executive, following consultation with the lead Cabinet Member, to submit responses as the views of the County Council.

In the current financial climate, the risk to the County Council needs to be minimised. Therefore, a joint commitment to developing a strategy for how infrastructure will be funded in the NWLDC Local Plan is essential and it is vital that developer contributions are secured to support mitigation strategies and to facilitate growth. The Growth Collaboration Agreement established between NWLDC and the County Council in spring 2021 will help to oversee the effective delivery of growth whilst protecting and enhancing the communities, economy and environment of North West Leicestershire.

There were no items referred from Overview and Scrutiny.