Agenda and decisions

Cabinet - Tuesday, 17 December 2024 2.00 pm

Venue: Sparkenhoe Committee Room, County Hall, Glenfield

Contact: Miss. G. Duckworth (Tel. 0116 305 2583)  Email: gemma.duckworth@leics.gov.uk

Items
No. Item

Webcast and Order Paper. pdf icon PDF 187 KB

A webcast of the meeting can be viewed here

 

 

1.

Minutes of the previous meeting. pdf icon PDF 114 KB

2.

Urgent Items.

3.

Declarations of interest.

4.

Provisional Medium Term Financial Strategy 2025/26 to 2028/29. pdf icon PDF 116 KB

Additional documents:

Decision:

a)    That the proposed Medium Term Financial Strategy, including the 2025/26 draft revenue budget and capital programme, be approved for consultation and referred to the Overview and Scrutiny Committees and the Scrutiny Commission for consideration;

 

b)    That the Director of Corporate Resources, folllowing consultation with the Cabinet Lead Member for Resources, be authorised to:

 

i.               Agree a response to the provisional Local Government Finance Settlement;

 

ii.              Decide on the appropriate course of action with regard to the Leicester and Leicestershire Business Rates Pool in 2025/26 and, subject to agreement by all member authorities, to implement this;

 

c)    That each Chief Officer, in consultation with the Director of Corporate Resources and following consultation with the relevant Lead Member(s), undertake preparatory work as considered appropriate to develop the savings set out in the draft MTFS and to identify additional savings in light of the financial gap in all four years of the MTFS, to enable the Cabinet and Council to consider further those savings to be taken forward as part of the MTFS and implemented in a timely manner;

 

d)    That a further report be submitted to the Cabinet on 7 February 2025.

 

(KEY DECISION)

 

REASONS FOR DECISION

 

To enable the County Council to meet its statutory requirements with respect to setting a balanced budget and Council Tax precept for 2025/26 and to provide a basis for the planning of services over the next four years.

 

To ensure that the County Council’s views on the provisional Local Government Finance Settlement are made known to the Government.

 

To enable the County Council (alongside the pooling partners) to respond to the Ministry of Housing, Communities and Local Government (MHCLG) in respect of the Business Rates Pool within 28 days from the draft Local Government Finance Settlement.

 

To enable early work to be undertaken on the development of new savings to address the worsening financial position.

 

To consider feedback from consultation on the draft MTFS and the views of the Overview and Scrutiny bodies and the final recommendations to be made to the County Council.

5.

Customer Experience Strategy - Outcome of Consultation. pdf icon PDF 249 KB

Additional documents:

Decision:

a)    That the outcome of consultation on the draft Customer Experience Strategy be noted;

 

b)    That the Customer Experience Strategy 2024-2028 be approved;

 

c)    That it be noted that an Action Plan will be developed to support the implementation of the Strategy.

 

REASONS FOR DECISION

 

To note the feedback received during the consultation exercise on the draft Strategy which has informed the final version.

 

The Strategy will set the direction for the Council’s interaction with customers and help ensure transparency and consistency in its approach.

6.

Strategic Transport Planning Issues Associated with the Emerging Charnwood Local Plan. pdf icon PDF 147 KB

Additional documents:

Decision:

A)         That the latest position in respect of the Local Plan be noted including:

 

             i.           The correspondence between the County Council and Charnwood Borough Council (the Borough Council) summarised in paragraph 18 of the supplementary report.

 

            ii.           The Borough Council’s approach to the s.106 agreement in respect of planning application P/22/1224/2 and associated implications for the County Council as set out in paragraphs 32-35 of the supplementary report.

 

               iii.              The issue of a letter dated 29 November from the Borough Council to the Local Plan Inspectors published as EXAM 88 A on the Local Plan website, in response to their letter (EXAM 88) dated 5 November, and a further response from the Inspectors’ dated 4 December 2024 published as EXAM 88 B, which are appended to the supplementary report.

 

          iv.           The publication of a report for consideration by the Borough Council’s Cabinet on 12 December 2024, entitled ‘Charnwood Local Development Scheme December 2024’ and that following the Borough Council’s Cabinet meeting, which is not livestreamed, draft minutes have been provided to the County Council by the Borough Council which confirm agreement to all four recommendations. Charnwood Borough Council Cabinet 12 December Agenda and Draft Minutes

 

            v.           The absence in the Borough Council’s draft minutes of:

 

a)         any reference to the Borough Council’s recently changed view that EXAM 88 is a material consideration in progressing the Local Plan;

 

b)         any recognition of the County Council’s serious concerns at the approach being taken by the Borough Council in respect of the Local Plan in the run up to its Plans Committee meeting of 17 October and subsequently, in particular the long-stated concern that both the draft Local Plan strategy and planning applications recently considered by the Plans Committee do not address the cumulative transport impacts and needs to which collectively they give rise;

 

c)          the estimated potential loss of up to £3.3m of highways and transport contributions, subject to viability assessments, as a result of the decisions of the Borough Council’s Plans Committee of 17 October;

 

d)         any explanation of the Borough Council’s attempt to exclude the County Council from s.106 agreements, contrary to national Planning Policy Guidance on how a local planning authority should work with infrastructure providers;

 

e)         any evidence to back up the Borough Council’s claim made in correspondence with the County Council that a) exclusion of the upper tier authority from s.106 agreements is commonly practised in other two-tier areas, and b) the County Council had “refused to sign” s.106 agreements, which is not correct;

 

f)           the County Council’s request for its concerns to be put on the record at the Borough Council’s Cabinet meeting, a request rejected by the Borough Council;

 

            vi.           The potential implications for the LHA in its role as statutory consultee arising from the Local Plan process as set out in paragraphs 26 to 27 and paragraphs 29 to 39 of the supplementary report.

 

         vii.           The publication of the new National Planning Policy Framework (NPPF) on  12 December.  This will have implications for all local plans in Leicestershire, not least because it will significantly increase the level of housing which local authorities have to plan for and may mean that many more local authorities without an up-to-date local plan will no longer be able to demonstrate a five-year housing land supply.  The impacts for this Local Plan are currently being assessed. 

 

B)         That in line with previous recommendations and delegations, the Chief Executive, the Director of Environment and Transport, and the Director of Law and Governance, following consultation with the appropriate Cabinet Lead Members, be authorised to:

 

             i.           work alongside, support, and co-operate with  ...  view the full decision text for item 6.

7.

Draft Local Nature Recovery Strategy. pdf icon PDF 176 KB

Additional documents:

Decision:

a)    That the draft Local Nature Recovery Strategy (LRNS) be approved for public consultation;

 

b)    That a further report will be considered by the Cabinet in June 2025, detailing the outcome of the consultation, and seeking approval of the final LNRS for publication.

 

(KEY DECISION)

 

REASONS FOR DECISION

 

LNRSs are a new statutory duty placed on local government in England, as part of the Environment Act 2021.  The Act required local authorities to work together to develop LNRSs across 48 areas in England.

 

Under the Environment Act 2021, the Secretary of State for Environment, Food and Rural Affairs appointed Leicestershire County Council the ‘responsible authority’ for the development of a LNRS for Leicestershire, Leicester and Rutland.

 

The development of the draft LNRS fulfils part of the duty, as does the need to go out to public consultation.

8.

Biodiversity Duty Plan. pdf icon PDF 152 KB

Additional documents:

Decision:

a)    That the Biodiversity Duty Plan be approved;

 

b)    That the Director of Environment and Transport be authorised to approve minor amendments to the Biodiversity Duty Plan as part of the annual refresh of the Plan.

 

REASON FOR DECISION

 

As part of the Environment Act 2021, the Government introduced the ‘strengthened biodiversity duty’.  The Act requires public authorities, which operate in England, to consider what they can do to ‘conserve and enhance’ biodiversity in England, and to produce a Biodiversity Duty Plan that sets out what they will do to meet the duty.  The Biodiversity Duty Plan, appended to the report, fulfils this requirement.

9.

Future Approach to Residual Waste Management Post 2031. pdf icon PDF 132 KB

Additional documents:

Decision:

a)    That the outcome of the consultancy work completed by Frith Resource Management be noted;

 

b)    That the adoption of a low investment merchanting approach for the future management of residual waste, either through the continuation of the current arrangements (option F) or through re-merchanting (option A) be approved;

 

c)    That the Director of Environment and Transport be authorised to procure and/or modify arrangements as appropriate to secure capacity for residual waste treatment/disposal for the period 2031 onwards.

 

REASONS FOR DECISION

 

The consultancy work includes significant detailed work in the area of residual waste management both specific to the Council and the wider industry.  The conclusions provided take into account technology, legislation and market forces and as such provide robust outputs and rationale based on a detailed options appraisal and a bespoke cost model.

 

The recommendations of the consultancy work carried out by FRM are to adopt a low investment merchanting approach.  The synopsis of the report produced by FRM, appended to the report, contains further detail on the rationale within the results and conclusion.

 

The delegation to the Director of Environment and Transport to procure or modify waste treatment/disposal contracts enables flexibility to adapt to changes in the market and swift engagement with suppliers where required.  This will support an optimal competitive tendering process and contractor engagement to provide best value for the Council.

10.

Air Quality and Health Partnership Action Plan 2024-2028. pdf icon PDF 140 KB

Additional documents:

Decision:

a)    That the Council’s continued work with partners to improve health inequality linked to air quality across the County be noted;

 

b)    That the Leicestershire Air Quality and Health Action Plan 2024-2028 be approved.

 

REASONS FOR DECISION

 

Air pollution has a significant impact on public health and wellbeing and poor air quality is the largest environmental risk to public health in the UK.  The Director of Public Health has a statutory duty under the Health and Social Care Act to ensure that plans are in place to protect the health of the local population.

 

Within Leicestershire, lower tier local authorities (district councils) have the statutory responsibility to manage local air quality.  This includes a requirement to regularly conduct air quality monitoring to ensure that it meets the required standards for certain pollutants.  The new Action Plan will enable, facilitate and monitor collective action in the area of air quality and health across the County Council, district councils and NHS partners.

11.

Draft Adults and Communities Department Strategy 2025-2029. pdf icon PDF 138 KB

Additional documents:

Decision:

a)    That the draft Adults and Communities Strategy 2025-2029, attached as Appendix A to the report, be approved for consultation;

 

b)    That a further report be submitted to the Cabinet in the summer of 2025 presenting the outcome of the consultation and the final Strategy for approval.

 

(KEY DECISION)

 

REASON FOR DECISION

 

The Strategy provides a framework for policy, process and ways of working for the Adults and Communities Department and supports the delivery of the County Council’s statutory duties, national policy and statutory guidance.

12.

Items referred from Overview and Scrutiny.

13.

English Devolution White Paper. pdf icon PDF 90 KB

Decision:

a)    That the Chief Executive in consultation with the Director of Corporate Resources and Director of Law and Governance, and following consultation with the Acting Leader of the Council, be authorised to undertake such work as is considered necessary in response to the White Paper and subsequent approach from Government;

 

b)    That a further report be made to the Cabinet in February 2025 regarding the implications of the English Devolution White Paper.

 

REASONS FOR DECISION

 

To enable the initial engagement and work to commence in response to the White Paper.  The Cabinet will meet again on 7 February 2025.

 

Further detailed consideration will need to be given to the content of the White Paper.