Agenda and minutes

A webcast of the meeting can be viewed here

The minutes of the meeting held on 17 December 2024 were taken as read, confirmed and signed.

There were no urgent items for consideration.

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

Mrs Taylor CC declared an other registrable interest in agenda item 8 (Strategic Transport Planning Issues Associated with the Emerging Charnwood Local Plan) as a member of Charnwood Borough Council.

The Cabinet considered a report of the Director of Corporate Resources which presented the County Council’s proposed 2025/26 to 2028/29 Medium Term Financial Strategy (MTFS) for approval, following consideration of the MTFS by the Cabinet in December and the Overview and Scrutiny bodies in January and receipt of the Local Government Finance Settlement.  A copy of the report marked ‘Agenda Item 4’ is filed with these minutes. 

Due to changes arising from the final Local Government Financial Settlement and receipt of final Business Rates information from Leicestershire district councils, Appendices A, B, C and E of the report had been revised and a copy of these is filed with these minutes.

Mr Breckon CC emphasised the difficult position faced by the County Council, as set out in the four year plan, and the importance of remaining financially resilient.  However, he highlighted the additional funding specifically earmarked for vulnerable children and adults, repairing roads and flooding, which was welcomed.  It would be possible to have a balanced budget this financial year, through the use of reserves, but costs were expected to increase over the life of the MTFS.

Mrs Radford CC commented on the increase in National Insurance and the effect on employer costs.  This had had a significant impact on organisations which employed care providers, particularly those who worked on a part-time basis, and concern was raised that some care homes had reduced the number of beds available due to the operating costs.

Mrs Taylor CC commended the Children and Family Services department in achieving an Outstanding rating from Osted despite the County Council being the lowest funded authority.  She also expressed concern that the Government had promised the increase in National Insurance costs would be funded, but to date, this had not occurred.

RESOLVED:

That the following be recommended to the County Council:

(a)            That subject to the items below, and following changes arising from the final Local Government Finance Settlement and receipt of final Business Rates information from Leicestershire district councils, approval be given to the Medium Term Financial Strategy (MTFS) which incorporates the recommended net revenue budget for 2025/26 totalling £617.2m as set out in the revised Appendices A, B and E of this report and includes the growth and savings for that year as set out in the revised Appendix C;

(b)           That the revised Appendices A, B, C and E be approved to reflect the changes in Business Rates, grant income and a reduction in the growth contingency, which taken together have no impact on the use of reserves;

(c)             That approval be given to the projected provisional revenue budgets for 2026/27, 2027/28 and 2028/29, set out in the revised Appendix B to the report, including the growth and savings for those years as set out in the revised Appendix C, allowing the undertaking of preliminary work, including business case development, engagement and equality and human rights impact assessments, as may be necessary to achieve the savings specified for those years including savings under development, set out in Appendix D;

(d)            That approval be given to the early achievement of savings that are included in the MTFS, as may be necessary, along with associated investment costs, subject to the Director of Corporate Resources agreeing to funding being available;

(e)            That the level of the general fund and earmarked reserves as set out in Appendix K be noted and the planned use of those earmarked reserves as indicated in that appendix be approved;

(f)              That the amounts of the County Council's Council Tax for each band of dwelling and the precept payable by each billing authority  ...  view the full minutes text for item 416.

The Cabinet considered a report of the Chief Executive which presented the latest position in relation to local government reorganisation and advised of urgent action taken by the Chief Executive, using his delegated powers, to request that the Minister of State for Local Government and English Devolution agreed to the request to postpone the County Council elections until May 2026 to allow the Council to submit reorganisation proposals to Government by May 2025.  A copy of the report marked ‘Agenda Item 5’ is filed with these minutes.  A supplementary report, outlining the latest position following letters received from the Minister of State for Local Government and English Devolution on 5 February advising that the County Council’s request to postpone the election had not been granted and setting out the formal invitation to develop a proposal for local government reorganisation, is also filed with these minutes.

Members expressed their disappointment at the Minister’s decision not to postpone the County Council elections in May 2025, which would further delay the opportunity for devolution to Leicestershire.

RESOLVED:

(a)    That the urgent action taken by the Chief Executive under delegated authority to request the Minister of State for Local Government and English Devolution to postpone the County Council elections from May 2025 to May 2026 and to provide a clear commitment to devolution and reorganisation be noted;

(b)    That the letter from the Minister of 5^th February saying that he has decided not to agree to the request be noted, together with the invitation received from the Minister also on 5^th February to submit a proposal for unitary local government reorganisation and the accompanying guidance and assessment criteria, including the requirement to submit an interim plan to Government before 21^st March 2025;

(c)    That the Minister’s decision not to allow local government reorganisation in Leicester, Leicestershire and Rutland through the fast-track process, as jointly requested by the City Mayor, the Acting Leader of the County Council and the Leader of Rutland Council, has resulted in devolution to the area being further delayed with any estimated date for devolution currently uncertain;

(d)    That the criteria for unitary local government be noted and supported, including that a unitary authority must be the right size to achieve efficiencies (with the aim of a population of 500,000) ensuring value for money for council tax payers, improve capacity and withstand financial shocks; must prioritise the delivery, improvement and sustainability of services; that reorganisation should avoid unnecessary fragmentation of services such as social care; and that a unitary authority should enable stronger community engagement and should reflect sensible geography and a sensible economic area;

(e)    That it be noted that, following the publication of the English Devolution White Paper, a meeting of the Leaders and Chief Executives of the 10 councils in Leicester, Leicestershire and Rutland took place on 8^th January, at which no consensus was reached on unitary authority structure options and it was agreed to meet again after the receipt of the Minister’s invitation to submit proposals and the criteria to be followed;

(f)     That if consensus cannot be reached, it be noted that guidance on the interim plan recognises that it may contain more than one potential proposal for a unitary structure;

(g)    That this supplementary report and the original report be submitted to the meeting of the County Council on 19 February for information;

(h)    That progress on the interim plan be reported regularly to the Group Leaders.

REASONS FOR DECISION

The Council’s Constitution (Part 3, Section D) provides that the Chief Executive, following consultation with the Leader, may take urgent decisions  ...  view the full minutes text for item 417.

The Cabinet considered a report of the Chief Executive which advised of the content of Melton Borough Council’s Partial Review Pre-Submission Draft Local Plan and set out the proposed response as the views of the County Council.  A copy of the report marked ‘Agenda Item 6’ is filed with these minutes.

Members agreed that it was positive that the draft Local Plan would continue to deliver the long term strategy for Melton and its surrounding area.

RESOLVED:

That the response to Melton Borough Council’s Draft Local Plan consultation, set out in paragraphs 34-37 and the appendix to the report, be approved.

REASON FOR DECISION

The County Council’s response will set out key comments for consideration by Melton Borough Council in progressing its new Local Plan.  It seeks to ensure alignment with the Leicester and Leicestershire Strategic Growth Plan (SGP), and to influence the content of the Local Plan in the interests of local communities, including ensuring that the Local Plan provides an as robust as possible policy platform for securing the provision of the infrastructure and services required to support its successful delivery.

The Cabinet considered a report of the Chief Executive which advised of the content of Oadby and Wigston Borough Council’s Pre-Submission Draft Local Plan (2020-2041) and set out the proposed response as the views of the County Council.  The report also set out Oadby and Wigston’s decision to pause the progress of its Plan.  A copy of the report marked ‘Agenda Item 7’ is filed with these minutes.

Mr Ashman CC commented that the necessary decision to pause the progress of the Plan underlined the challenges that councils faced in delivering housing but that this would provide a further opportunity to work with officers from Oadby and Wigston Borough Council.

RESOLVED:

a)              That the County Council’s response to the Oadby and Wigston Borough Council’s Draft Local Plan consultation, set out in paragraphs 35 – 61 and the appendix to the report, be approved;

b)              That it be noted that given the significant factors that affect the Plan from a transport perspective, the County Council considers that the Plan, in its current form, fails to meet the National Planning Policy Framework (NPPF) tests of soundness insofar as its Effectiveness and Consistency with national policy;

c)               That the decision of Oadby and Wigston Borough Council to pause progress on its new Local Plan following the close of the Regulation 19 consultation, in order to consider the requirements of the new National Planning Policy Framework, be noted.

REASONS FOR DECISION

The County Council’s response will set out key comments for consideration by Oadby and Wigston Borough Council in progressing its new Local Plan.  It seeks to ensure alignment with 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 an as robust as possible policy platform for securing the provision of the infrastructure and services required to support its successful delivery.

The newly published National Planning Policy Framework (December 2024) has increased the number of homes Oadby and Wigston need to plan for by 142 dwellings per year.  Oadby and Wigston Borough Council does not consider it is possible to submit its Local Plan ‘as-is’ by the government deadline of 12 March 2025.  It is still important for the County Council to submit duly made representations within the six week consultation period and to provide Oadby and Wigston Borough Council with comments.  This will support the Borough Council in evolving its Local Plan and as it assesses whether there is sufficient land and infrastructure to enable the accommodation of more homes.

The Cabinet considered a report of the Director of Environment and Transport, Chief Executive and Director of Law and Governance which presented an update on the issues associated with the emerging Charnwood Local Plan, including actions taken to comply with the Cabinet’s resolutions of December 2024.  A copy of the report marked ‘Agenda Item 8’ is filed with these minutes.

It was reported that the final copy of the initial viability report had now been made available on the Examination website and a hearing had been set for 8 April 2025, with a four week consultation period due to commence very shortly. 

Members commented that it was essential to achieve the best possible outcome for local residents and it was disappointing that there were still a number of difficulties to overcome. 

The Director of Environment and Transport stated that the County Council continued to be consulted as the Local Highway Authority on planning applications.  Its current view was that it was premature for the Local Planning Authority to make any decisions.  However, Charnwood Borough Council had taken a different approach and had continued to approve such applications.  This would continue to be monitored.

RESOLVED:

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

                             i.           The Borough Council shared a draft initial viability report with officers of the County Council on 20 December 2024. This report contained a high-level assessment of the Local Plan’s ability to support the financial requirements of a Community Infrastructure Levy (CIL). County Council officers provided comments before the Borough Council submitted the final report to the Inspectors. County Council officers have not yet been provided with a final copy of the report, which is now available on the Examination website;

                            ii.           On 24 January 2025, the Local Plan Inspectors responded to the Borough Council, after reviewing the initial viability report and the updated Local Development Scheme and have held that the Local Plan examination can continue.  The Inspectors have outlined the next steps, which will include a period of consultation on the CIL viability report and its implications for the soundness of the Local Plan.  The Inspectors will prepare a focused set of Matters, Issues and Questions, on which comments will be sought, and will hold a hearing session on the evidence and provide written responses to the questions.  Depending on the outcome of the consultation and hearing session, consultation on Further Main Modifications will be required to complete the Examination.  The Borough Council has been asked to respond if it wishes to proceed on this basis.  No timescales have yet been provided by the Inspectors, therefore there still remains considerable uncertainty over the timetable and eventual adoption of the Local Plan.  Additional hearing sessions may add further delays to the overall timetable for adoption of the Local Plan.  The position of the Local Highway Authority (LHA) in respect of relevant planning applications coming forward ahead of the Local Plan has been reviewed, as set out in paragraphs 29 to 31 of the report, and will remain the same for the time being, until there is more certainty.  It is likely that this will follow from the outcome of the forthcoming hearing sessions.  In the meantime, officers are requested to write to the Inspectors, via the programme officer, seeking an invitation to attend and be represented at the hearings sessions when they resume;

                           iii.           The publication of the Borough Council’s Full Council Questions and Responses in respect of the Local Development Scheme, Draft Local Plan and development of a CIL, and the County Council’s concerns arising from the responses given, as  ...  view the full minutes text for item 420.

The Cabinet considered a report of the Director of Environment and Transport which provided information on the impacts of the unnamed storm which affected Leicestershire on 6 January 2025, highlighted the County Council’s ongoing work as the Lead Local Flood Authority (LLFA) and set out proposals to support the LLFA’s statutory role in managing local flood risk.  The report also outlined the efforts of the Council to aid local residents and businesses, and provided an update on the activities of the Local Highway Authority.  A copy of the report marked ‘Agenda Item 9’ is filed with these minutes.

Comments from Dr Feltham CC in relation to the report are filed with these minutes, along with a letter from Neil O’Brien MP and a written submission from a local resident of Great Glen.  The Director of Environment and Transport gave assurance that all recent flooding incidents would be investigated.

At the permission of the Chairman, Mr Bannister CC, the member for Broughton Astley, spoke on the impact of the flood on local residents.  Mr Bannister CC welcomed the recommendations within the report, in particular the additional funding that would be used to support communities recovering from the recent flooding and to increase the preparedness and resilience for any future flood events.  He expressed his thanks to officers and other services for the work undertaken during the recent flooding event.

Mr O’Shea CC reiterated the devastating impact flooding had on all those affected, but stated that the County Council was not funded to deliver the necessary solutions and LLFAs needed assistance from the Government so that they had appropriate funding to reflect their responsibilities.  He thanked officers at the County Council for the work undertaken and supported the additional funding that had been made available from the County Council’s discretionary funds.

Members expressed severe disappointment that the National Flood Recovery Fund had not been activated to support Leicestershire following the recent flood, despite a visit to the area from the Minister for Flooding.  The Acting Leader said that she would continue to lobby the Government on this issue and also to ensure that the LLFA received appropriate funding.

RESOLVED:

a)              That in respect of the Lead Local Flood Authority (LLFA),

                                 i.       the valuable contribution made to the response and recovery efforts of colleagues across the Leicestershire, Leicester and Rutland (LLR) Local Resilience Forum (LRF) as well as the many flood wardens, flood action groups and other community members from across the County, who have helped to provide detailed information to support Risk Management Authorities in their investigations be noted with thanks; 

                                ii.       the allocation of an initial £20,000 of discretionary funds for the financial year 2024/25 towards supporting Leicestershire communities recovering from the most recent flooding, with a further £80,000 funding in 2025/26 to increase the preparedness and resilience for any future flood events, as set out in Table 1, be approved; 

                              iii.       the approach to planning for increased workload due to the increased frequency of severe weather and associated flooding issues, together with the approach to prioritisation of current workload, as set out in paragraphs 49 to 53, be approved;

                              iv.       the use of additional funding set out in the Medium Term Financial Strategy (MTFS) to develop the Flood Risk Management Team (£20,000 in 2024/25 rising to £220,000 in 2025/26) to help deal with increased workload arising from previous flood events and potential future incidents, as detailed in paragraphs 49 and 50, be approved;

                               v.       it be noted that further reviews of the LLFA structure and prioritisation may be required as more information becomes available;

                              vi.       a further letter be  ...  view the full minutes text for item 421.

The Cabinet considered a report of the Director of Environment and Transport which presented for approval the revised Environment Strategy Action Plan and the revised 2035 Net Zero Council Action Plan and 2050 Net Zero Leicestershire Action Plan.  The report also presented for approval a common Mink Control Policy for all members of the Leicestershire and Rutland Water Vole Steering Group and to allow the Director of Environment and Transport to approve any future similar control policies in relation to invasive and non-native species.  A copy of the report marked ‘Agenda Item 10’ is filed with these minutes.

The Environment and Climate Change Overview and Scrutiny Committee considered the report at its meeting on 22 January 2025 and a draft minute is filed with these minutes.

Comments from Mr Hunt CC in relation to this report are also filed with these minutes.

Mr Pain CC emphasised that Government funding was required in order to deliver the necessary targets in a timely manner.

RESOLVED:

a)              That the revised Environment Strategy Action Plan, 2035 Net Zero Council Action Plan and 2050 Net Zero Leicestershire Action Plan be approved;

b)              That the common Mink Control Policy for all members of the Leicestershire and Rutland Water Vole Steering Group be approved;

c)             That the provision of delegated responsibility to the Director of Environment and Transport to approve any future similar control policies in relation to invasive and non-native species, following consultation with the Cabinet Lead Member and relevant service areas within the Council, be approved.

REASONS FOR DECISIONS

The revised Action Plans are more realistic and achievable and reflect the current financial position of the Council and the current available staff resources.

The revised Action Plans allow for supplementary actions to be undertaken where additional staff capacity and/or financial resources are found to be available. 

The Mink Control Policy allows for a common policy across Leicestershire and Rutland which will increase the effectiveness of any collective efforts made to control the invasive non-native species of Mink.

The provision of delegated responsibility to the Director of Environment and Transport to approve any future similar control policies in relation to invasive and non-native species, following consultation with relevant service areas within the Council will enable quicker and effective implementation of such policies in the County.  Consultation with the Cabinet Lead Member will ensure that any public interest issues are picked up.

The Cabinet considered a report of the Director of Children and Family Services which sought approval for consultation on the Leicestershire Local Area’s refresh Special Educational Needs and Disabilities (SEND) and Inclusion Strategy 2024-27.  A copy of the report marked ‘Agenda Item 11’ is filed with these minutes.

The refreshed Strategy had been produced by the Leicestershire SEND and Inclusion Partnership Board, which comprised of partners working across Leicestershire on behalf of children and young people with SEND.  An eight week consultation on the Strategy was due to commence on 10 February 2025.

RESOLVED:

That the draft refreshed Special Educational Needs and Disabilities (SEND) and Inclusion Strategy be approved for consultation.

(KEY DECISION)

REASONS FOR DECISION

The revised Strategy will provide a framework for planning, commissioning and delivering SEND services and support by the Council and its partners for children and young people living in Leicestershire.  A public consultation on the refreshed Strategy will seek to confirm that the priorities identified are the right focus for improvement activity.

The Cabinet considered a report of the Director of Children and Family Services which sought approval for changes to school admission arrangements from September 2026 that include the reduction in admission numbers at two primary schools, two junior schools and one infant school in Leicestershire.  A copy of the report marked ‘Agenda Item 12’ is filed with these minutes.

RESOLVED:

That the changes to admissions arrangements at Stathern Primary School, St. Mary’s CE Primary School (Hinckley), Burbage Junior School, St. Denys CE Infant School, Ibstock, and Ibstock Junior School, as set out in paragraph 24 of the report, be approved.

REASON FOR DECISION

Reduction of admission numbers at the five schools will ensure infant class size compliance and protect schools from an anticipated deficit budget position which would otherwise arise due to low numbers entering the primary school system.

The Cabinet considered a report of the Director of Children and Family Services which detailed urgent action taken by the Chief Executive to approve an exception to the Council’s Contract Procedure Rules to use a supplier, outside of the current corporate contract, to supply temporary Special Educational Needs Assessment (SENA) Tribunal Officers agency cover.  A copy of the report marked ‘Agenda Item 13’ is filed with these minutes.

RESOLVED:

That the action taken by the Chief Executive to approve an exception to the Contract Procedure Rules to enable the direct award of contracts for the temporary provision of two agency SENA Tribunal Officers with the contract running until 31 March 2025, up to a maximum spend of £282,693.00, be noted.

REASONS FOR DECISION

The County Council’s Contract Procedure Rules (Part 4G of the Constitution) require that, where the estimated value of a contract exceeds £179,087, formal tenders must be invited.

Where an exception to the Contract Procedure Rules is required for contracts over £179,087, Rule 6(e) provides that Cabinet approval be obtained to the exception where this is justified on its merits.  In an urgent case the Chief Executive, after consultation with the Leader or Deputy Leader of the Council, may direct that an exception is made subject to this being reported to the next meeting of the Executive (the Cabinet).

It has not been possible to source the necessary staff required via the Council’s existing recruitment and agency arrangements.

The decision followed consideration of the balance of risks to service delivery against the risk of procurement challenge, and it was the view of the Director of Children and Family Services that an exception was the right course of action for the Council and in the best interests of the relevant service users.

The Cabinet considered a report of the Director of Public Health which presented the Director of Public Health’s Annual Report for 2024 – ‘Leicestershire’s Health – Inequalities in Health’.  A copy of the report marked ‘Agenda Item 14’ is filed with these minutes.

Mrs Richardson CC commented on the importance of highlighting groups with inequalities and noted that this would influence the work of the Health and Wellbeing Board.

Mr Ashman CC also commended the different approach taken to tackle inequalities in health, but felt that it was important to ensure these groups were considered when undertaking mainstream engagement. 

RESOLVED:

a)              That the recommendations contained within the Director of Public Health’s Annual Report 2024 be supported;

b)              That it be noted that the Annual Report will be submitted to the County Council on 19 February 2025.

REASONS FOR DECISION

The Director of Public Health’s (DPH) Annual Report is a statutory independent report on the health of the population of Leicestershire.

To enable the County Council to consider the report, which will help inform future commissioning decisions.

There were no items referred from the Overview and Scrutiny bodies.