Agenda and minutes

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Items
No. Item

64.

Apologies

65.

Declarations of Interest

    Members are required to declare any disclosable pecuniary, personal or personal and prejudicial interests they may have and the nature of those interests relating to items on this agenda and/or indicate if S106 of the Local Government Finance Act 1992 applies to them.   

    Minutes:

    There were no declarations of interest.

66.

Urgent Items of Business

    To determine whether there are any additional items of business which, by reason of special circumstances, the Chair decides should be considered at the meeting as a matter of urgency.

    Minutes:

    There were no urgent items of business but the Chair advised that Agenda Item 18 – Manachester Airport Group Investment Proposal had been withdrawn from the Agenda.

67.

Minutes pdf icon PDF 98 KB

68.

Rochdale Borough Safeguarding Boards Annual Report 2017/18 pdf icon PDF 108 KB

    To consider the Rochdale Borough Safeguarding Boards Annual Report 2017/18.

    Additional documents:

    Minutes:

    Cabinet considered the Rochdale Borough Safeguarding Boards Annual Report 2017/18.

     

    The report sought to summarise what was known about need in the Borough and the availability, quality and effectiveness of services to respond to that need.  It also reported on the work of the two Boards themselves. 

     

    In considering the report, Cabinet acknowledged the work of staff in safeguarding adults and children within the Borough.

     

    Resolved:

     

    That the Rochdale Borough Safeguarding Boards Annual Report 2017/18 be noted.

     

     

     

     

69.

Finance Update Report 2018/19 pdf icon PDF 582 KB

    To consider the Finance Update Report – 2018/19.

    Additional documents:

    Minutes:

    The Cabinet considered the report of the Chief Finance Officer which advised of the Council’s forecast 2018/19 financial position as at the end of September 2018.

     

    Alternatives considered:

     

    Not reporting on financial performance puts at risk the achievement of the Council’s Medium Term Financial Plan. Effective budget management is critical to ensuring financial resources are spent in line with the budget and are targeted towards the Council’s priorities. Monitoring enables the early identification of variations against the plan and facilitates timely corrective action.

     

    Resolved:

     

    1.    Cabinet notes the forecast 2018/19 outturn positions for Revenue, Savings and Capital as at the end of September 2018;

    2.    Cabinet approves the Revenue Budget Pressure Fund request totalling £0.177m detailed in section 4.1.6.

    3.    Cabinet notes the Health & Social Care Pool Budget position detailed in section 4.3.

    4.    Cabinet authorises the delegation to decide how the additional funding for Adult and Children’s Social Care grant funding allocations for 2018/19 and 2019/20 should be utilised to the Integrated Commissioning Board, detailed in section 4.1.7.

    5.    Cabinet notes the net Capital budget decrease of £0.103m shown in section 4.5.2.

    6.    Cabinet approves the Capital budget virement requests as detailed in section 4.5.3.

    7.    Cabinet notes the Capital re-phasing of £2.684m detailed in section 4.5.4.

     

    Reason for the decision:

     

    Cabinet Members should be kept updated on the financial position of the authority, as effective budget management is critical to ensuring financial resources are spent in line with the budget and are targeted towards the Council’s priorities. Monitoring enables the early identification of variations against the plan and facilitates timely corrective action.

     

    This report provides an overview of the forecast 2018/19 financial position for the Council and focuses on the position as at the end of September 2018. 

     

70.

Collection Fund 2018/19 pdf icon PDF 185 KB

    To consider the Council’s Collection Fund 2018/19.

    Additional documents:

    Minutes:

    Cabinet considered the report of the Chief Finance Officer provided an update on the forecast Collection Fund outturn position for 2018/19.

     

    The Collection Fund Position for 2018/19 is a forecast surplus of £6.760m, comprising:

    ·           £3.976m surplus relating to Business Rates;

    ·           £2.784m surplus relating to Council Tax.

     

    The Council’s share of the forecast 2018/19 Collection Fund outturn surplus is £6.338m.

     

    Alternatives considered:

     

    Not reporting on financial performance puts at risk the achievement of the Authority’s Medium Term Financial Strategy. Effective financial management is critical to ensuring that financial resources are received in line with the budget, which enables them to be targeted towards the Council’s priorities. Monitoring enables the early identification of variations against the plan and facilitates timely corrective action.

     

    Decision:

     

    1. That the forecast 2018/19 Collection Fund outturn position be noted.

     

    Reason for the decision:

     

    The Collection Fund outturn report for 2018/19 was presented to Cabinet as part of the budget monitoring process.

71.

Setting 2019/20 Business Rates Base pdf icon PDF 120 KB

    To consider the setting of the business rates base for 2019/20.

    Minutes:

    The Cabinet considered a report of the Director of Resources that sought approval, from the Council at its meeting on 12th December 2018, for the setting of the Business Rates baseline for 2019/20 in accordance with the Local Government Finance Act 1988 and the Non-Domestic Rating Regulations 2013 and to approve the precept payment dates for 2019/20.

     

    Alternatives considered:

     

    No alternatives were available, as the Council has a statutory requirement to estimate and set a Business Rates Baseline each financial year.

     

    Resolved:

     

    The Council, at its meeting on 12th December 2018, be recommended to approve:

    1.    The draft Business Rate baseline figure of £62.382m for 2019/20, subject to any changes which may result from:

    a.     the provisional Local Government Finance Settlement 2019/20;

    b.     the issue of the Ministry of Housing, Communities & Local Government (MHCLG) guidance on completion of the 2019/20 Business Rates baseline return (NNDR1), due in January 2019.

     

    2.     That the Chief Finance Officer, in consultation with the Cabinet Member for Finance, to be authorised to conclude and agree the final Business Rates baseline return (NNDR1) due on 31st January 2019, should the final information yet to be received from MHCLG change the baseline figure for 2019/20.

     

    3.     That the precepts payment schedule detailed below be approved:-

     

    22nd April 2019

    21st October 2019

    20th May 2019

    20th November 2019

    20th June 2019

    20th December 2019

    22nd July 2019

    20th January 2020

    20th August 2019

    20th February 2020

    20th September 2019

    20th March 2020

     

    Reasons for the decision:

     

    The Non-Domestic Rating (Rates Retention) Regulations 2013 (SI 2013/452) require that billing authorities notify the Secretary of State and their major precepting authority of their calculation of non-domestic rating income for the following financial year and the estimated surplus/deficit on the Collection Fund by 31st January each year.The figures are produced subject to the MHCLG guidance being published and provided, following which the figure in this report may have to be revisited.

72.

Calculation of the Council Tax Base for 2019/20 pdf icon PDF 162 KB

    To consider the statutory council tax base calculation for 2019/20.

    Minutes:

    The Cabinet considered a report of the Director of resources that sought approval from the Council, at its meeting on 12th December 2018 to: agree the statutory Council Tax base calculation for 2019/20, calculated in accordance with The Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012 as part of the Budget 2019/20 process; for the Local Council Tax Support Scheme to remain unchanged for 2019/20; and to approve the precept payment dates for 2019/20.

     

    Alternatives considered:

    No alternatives were available, as the Council has a statutory requirement to calculate and approve a Council Tax base each financial year.

     

    Resolved:

     

    The Council at its meeting on 12th December 2018 be recommended to approve:

     

    1.     the Local Council Tax Support Scheme for 2019/20 remains unchanged;

    2.     The Council Tax base expressed as “Band D equivalent properties”, being 55,176 for 2019/20 (53,537 2018/19) as detailed at Appendix 1 of the report;

    3.     The proposed precepts payment schedule as detailed below:

                 

    22nd April 2019

    21st October 2019

    20th May 2019

    20th November 2019

    20th June 2019

    20th December 2019

    22nd July 2019

    20th January 2020

    20th August 2019

    20th February 2020

    20th September 2019

    20th March 2020

     

    Reasons for the decision:

    Rochdale Borough Council, as a Council Tax billing authority, is required each year to make statutory calculations specified in Section 33 of the Local Government Finance Act 1992 (as amended). The Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012 require authorities to calculate the Council Tax base (number of taxable properties), expressed as "Band D equivalent properties". Approval of these calculations is required by 31st January in each financial year.

     

    The Local Government Finance Act 1992 prescribes the procedures to be adopted in setting precept payment dates. The Act requires billing authorities to notify precepting authorities of a proposed payments schedule. This notification must be given before 31st December in respect of the following financial year. The final payments schedule is then confirmed by 31st January.  The calculation of the tax base has to be made by 31st January and notified to the major precepting and levying authorities. Under Section 84 of the Local Government Act 2003 the determination can be delegated to a committee or sub-committee in accordance with Section 101 of the Local Government Act 1972. This report recommends that Cabinet be determined as the appropriate delegated body.

73.

Council Tax Empty Property Charges pdf icon PDF 103 KB

    To consider a report on Council Tax Empty Property Charges.

    Additional documents:

    Minutes:

    The Cabinet considered a report of the Director of Resources that sought approval from the Council, at its meeting on 12th December 2018, to increase the council tax empty property premium from 50% to 100% with effect from 1st April 2019.

     

    Alternatives considered:

    The empty property premium could remain at 50%. However, the Government had identified that additional measures were needed to continue the improvements already made and had amended the legislation. Of the 271 properties that were currently subject to the premium, 63 have been empty in excess of 5 years and 41 in excess of 10 years, so there were still problems locally that needed addressing and the 50% premium wasn’t working in these cases. These 104 long-term empty properties and the other 167 that had been empty more than two years were causing problems in their communities and adding pressure on the overall housing stock.

     

    Resolved:

    The Council, at its meeting on 12th December 2018, be recommended to approve the empty property premium increase from 50% to 100% with effect from 1st April 2019.

     

    Reasons for the decision:

     

    In April 2013, the Government gave local authorities the power to determine the level of empty property discounts in dwelling classes B, C and D. The power included an option to charge a premium of up to 50% in cases where a property had been empty in excess of two years (Section 12 of the Local Government Finance Act 2012).The council decided to introduce a 50% premium with effect from 1st April 2013.

     

    From 1st April 2019, the Government was proposing to increase the optional maximum empty property premium charge to 100%.

74.

Council Tax Discount for Care Leavers pdf icon PDF 96 KB

    To consider the Council tax discount for care leavers.

    Additional documents:

    Minutes:

    The Cabinet considered a report of the Director of Resources which advised that on 1st March 2017, the Council had introduced a 100% council tax discount scheme for care leavers who resided in the Borough and were aged 18 to 20 years. In 2018, the Government extended the Council’s corporate parenting responsibility to 25 years and to reflect this change the council tax discount scheme should be extended accordingly from 1st April 2019.

     

    Alternatives considered:

     

    The current discount scheme could remain. The outcome being that Rochdale care leavers would be treated differently to other Greater Manchester authorities and they could potentially accrue debt at an earlier age, at the outset of their independent lives and the Council would be compelled to pursue it as a debt, with the detrimental impacts that this could cause.

     

    Resolved:

     

    The Council, at its meeting on 12th December 2018, be recommended to approve the extension of the current care leaver council tax discount scheme to the age of 25 years old.

     

    Reasons for the decision:

     

    During 2018, the Government extended the Council’s corporate parenting responsibility to 25 years. Directors of Children’s Services across all of the Greater Manchester authorities were currently working on improved offers to care leavers including financial well-being and inclusion. All of the other Greater Manchester authorities had indicated that council tax discounts would be available until age 25 years.

75.

Healing Street and Woodbine Street - Sites for Disposal pdf icon PDF 388 KB

    To consider the disposal of sites at Healing Street and Woodbine Street.

    Minutes:

    The Cabinet considered a report of the Director of Economy regarding sites at Healing Street (detailed at Plan A in the Appendix to the report) and Woodbine Street (detailed at Plan B in the Appendix to the report), Rochdale which were recommended for disposal. The sites were considered to be surplus to the Council’s operational requirements.

     

    The sale of these sites would generate a capital receipt for the Council and reduce its maintenance liabilities. The sites were considered by Rochdale Township at its meeting in June 2018 where Members determined that the Healing Street site should be retained as open space for the benefit of local residents; and that the Woodbine Street site should be retained as the ward councillors would like to see the site used as a playground. In view of the decision by Rochdale Township Committee, the Cabinet was requested to consider the future of these sites by using its powers to release the site for disposal.

     

    Alternatives considered:

     

    The two sites detailed in the report could be retained in their existing uses. Retention of these sites though would not secure capital receipts or beneficial development, nor would it reduce the Council’s financial and/or environmental liabilities. Retaining these sites in their current use carried the risk of liabilities such as fly-tipping, anti-social behaviour and regular or ad hoc maintenance obligations

     

    The Healing Street site could be retained as an amenity open space. This was the preference for the site expressed by Rochdale Township in June 2018.  The Woodbine Street site could be used as a playground. This was the preference for the site expressed by Rochdale Township in June 2018. However, there is currently no budget in place to do this.

     

    Resolved:

     

    1.The site at Healing Street be declared surplus to requirements and released for disposal on the open market;

    2.The site at Woodbine Street be declared surplus to requirements and released for disposal on the open market;

    3.The Head of Legal Service be authorised to prepare the appropriate legal documents and execute such documents on behalf of the Council;

    4.The purchaser be required to pay the Council’s legal and surveyor’s costs in respect of these two sites.

     

    Reasons for the decision:

     

    The disposal of these two sites was opposed by Rochdale Township Committee.  The Cabinet has responsibility for managing the council’s land and property holdings by approving disposals where objections have been raised by a Township Committee and /or Ward Councillors.

     

    The Director of Economy is charged with the continual review of the Council’s land and property holdings to identify those that are surplus to requirements and which could be sold. The Director of Economy is aiming to expose 25 sites to the market during 2018/19.

     

    Woodbine Street land was acquired by the Council as a housing clearance site in 1997 and has been maintained as a landscaped grass verge.  The release of the site would generate a capital receipt and reduce maintenance liabilities. Healing Street is an area of amenity grassland.  ...  view the full minutes text for item 75.

76.

The Borough of Rochdale (Former Durnford Street School, Middleton) Compulsory Purchase Order 2019 pdf icon PDF 110 KB

    To consider a proposed Compulsory Purchase Order.

    Additional documents:

    Minutes:

    The Cabinet considered a report of the Director of Neighbourhoods which informed Member that the former Durnford Street School in Middleton was a Grade II listed building, designed by Edgar Wood. Some of the original chool buildings were demolished with consent in 2002, leaving the former infant school standing. The site is owned by a south Manchester based company, who purchased it in May 2015. The last known use was as an adult education centre.

     

    The current owners have expressed several plans to use the remaining building, but no development activity has taken place. A large number of crime and anti-social behaviour incidents had been reported. The site’s dereliction was causing significant public nuisance and impacting on people who lived nearby, and there appears to be little prospect of the buildings being returned to active use.

     

    It was, therefore, proposed to make a Compulsory Purchase Order (CPO) utilising the powers contained in s226(1)(a) of the Town and Country Planning Act 1990 to acquire the land that was shown edged red on the plan at Appendix 1, to the report, in order to facilitate timely development of the site.

     

    Alternatives considered:

     

    Officers could continue to engage with the site owners without a CPO, but it was considered that the risk of the site remaining vacant in the medium-to-long-term was too high to proceed without a CPO. However, the Council remained open to all options that could see the site being brought back into productive use.

     

    Resolved:

    1.     The Cabinet authorises the making of the “Borough of Rochdale (Former Durnford Street School, Middleton) Compulsory Purchase Order 2019” utilising powers contained in Section 226(1)(a) of the Town and Country Planning Act 1990;

    2.     The Cabinet authorises the Assistant Director of Legal, Governance and Workforce and the Director of Economy to undertake the necessary legal procedures and associated action in relation to the Order listed in the report at paragraph 1 and described in Appendix 1;

    3.     The Cabinet confirms that it has considered the implications of the Human Rights Act 1998, namely determining that there would not be a breach of the Act if compulsory acquisition of the land within the Orders described in the report at paragraph 1 and at Appendix 1.

     

    Reasons for the decision:

     

    Given the long-term dereliction of the site and the lack of willingness or ability to bring the site back into productive use, a Compulsory Purchase Order is considered to be the only mechanism available to the Council to facilitate development of the site.

     

    The current owners had purchased the site at an auction in May 2015. There have been several proposals for the site, including a wedding venue. However, to date, the owners have not come to the Council with any solid plans for a deliverable active use for the property.

     

    Despite references in correspondence in the Council’s records to verbal assurances from the current owners that there is a long term plan for the building, no planning applications have been submitted for any future use.  ...  view the full minutes text for item 76.

77.

The Borough of Rochdale (Saxonside Resource Centre, Middleton) Compulsory Purchase Order 2019 pdf icon PDF 120 KB

    To consider a proposed Compulsory Purchase Order.

    Additional documents:

    Minutes:

    The Cabinet considered a report of the Director of Neighbourhoods which advised that the former Saxonside Resource Centre, 113a Windermere Road, Middleton, was an unoccupied former nursing home on the Langley estate which has been allowed to fall into a dilapidated condition. It was owned by three doctors who operated a nearby GP surgery. Numerous complaints had been received from residents and the Police.

     

    The building was currently vacant, with windows boarded up with wooden and metal panels. It was a clear deterrent to investment and has been left undeveloped. The current owners had purchased the site in 2004. The Council understood that a dispute between the three individuals, which was the subject of legal proceedings in 2017, had led to the prolonged period of vacancy.

     

    Given the long-term dereliction of the site and the owners’ lack of willingness or ability to act jointly to bring it back into productive use, a Compulsory Purchase Order was considered to be the only mechanism available to the Council to facilitate development of the site. There were three owners and they had been unable to agree with each other their preferred future use of the building. 

     

    Therefore it was proposed to make a Compulsory Purchase Order (CPO) utilising the powers contained in s226(1)(a) of the Town and Country Planning Act 1990 to acquire the land shown edged red on the plan at Appendix 1, to the report, in order to facilitate a timely development of the site.

     

    Alternatives considered:

     

    Once acquired, the site could be developed for housing under the terms of the Land Pooling Agreement as set out in paragraphs 3.1 to 3.3 of the report. If the Council did not take action the property would continue to deteriorate, causing an eyesore and detrimentally affecting the amenity of the area.

     

    Resolved:

     

    1.     The Cabinet authorises the making of the “Borough of Rochdale (Saxonside Resource Centre, Middleton) Compulsory Purchase Order 2019” utilising powers contained in Section 226(1)(a) of the Town and Country Planning Act 1990;

    2.     The Cabinet authorises the Assistant Director of Legal, Governance and Workforce and the Director of Economy to undertake the necessary legal procedures and associated action in relation to the Order listed in the report at paragraph 1 and described at Appendix 1;

    3.     The Cabinet confirms that it has considered the implications of the Human Rights Act 1998, namely that there would not be a breach of the Act if compulsory acquisition of the land within the Orders, described in the report at paragraph 1 and at Appendix 1 is authorised.

     

    Reasons for the decision:

     

    The Council and TRGL have been working in partnership to deliver comprehensive regeneration on the Langley estate, Middleton since 2008 under the Langley Masterplan. A programme of selective clearance of vacant homes followed by redevelopment for affordable and private market sale homes by developers has led to a significant improvement in the profile and reputation of the estate, which is now a popular place to live. This vacant building, with boarded  ...  view the full minutes text for item 77.

78.

The Borough of Rochdale (3 Hornby Street, Heywood) Compulsory Purchase Order 2019 pdf icon PDF 134 KB

    To consider a proposed Compulsory Purchase Order.

    Additional documents:

    Minutes:

    The Cabinet considered a report of the Director of Neighbourhoods which advised that 3 Hornby Street, Heywood was a mid-terraced dwelling on Hornby Street, which runs north/south off the A6406 in Heywood Town Centre. It has been vacant since 2005. It has been partially converted to retail premises at ground floor with living accommodation at first floor. A shopfront had been formed, but the shop window and door had not been fitted. It is currently in a very poor state of repair and had been the subject of significant Council interventions since 2012.

     

    Planning permission had been was granted in March 2004 for conversion from a single dwelling to A1 retail at ground floor with C3 residential at first floor, reference 04/D42893. There is some uncertainty over whether this consent was implemented within the five year period of validity contained in the first planning condition, and whether what building works that have taken place are in accordance with the approved plans. The building was purchased by its current owners in January 1998.

     

    The Council has attempted on numerous occasions to use other powers to compel the owners to bring the property to an acceptable standard and bring it back into use, beginning in 2012. These efforts have not been successful.    

     

    Therefore it was proposed to make a Compulsory Purchase Order (CPO) utilising the powers contained in s226(1)(a) of the Town and Country Planning Act 1990 to acquire the land shown edged red on the plan  in order to facilitate the timely development of the site.

     

    Alternatives considered:

     

    Officers could continue to engage with the site owners but it is considered that the risk of the site remaining vacant in the medium-to-long-term is too high to proceed without CPO.

     

    Resolved:

     

    1.     The Cabinet authorises the making of the “Borough of Rochdale (3 Hornby Street, Heywood) Compulsory Purchase Order 2019” utilising powers contained in s226(1)(a) of the Town and Country Planning Act 1990;

    2.     The Cabinet authorises the Assistant Director of Legal, Governance and Workforce and the Director of Economy to undertake the necessary legal procedures and associated action in relation to the Order listed in the report at paragraph 1 and described at Appendix 1.

    3.     The Cabinet confirms that it has considered the implications of the Human Rights Act 1998, namely reaching a view that there will not be a breach of the Act if compulsory acquisition of the land within the Orders described in the report at paragraph 1 and at Appendix 1 is authorised.

     

    Reasons for the decisions:

     

    Given the long-term dereliction of the site and the lack of willingness or ability to bring the site back into productive use, a Compulsory Purchase Order is considered to be the only mechanism available to the Council to bring the condition of the building back to an acceptable standard and to bring it back into use.

     

    The Council’s Empty Property team has written to the owner on numerous occasions since November 2012 in an effort to encourage and facilitate repair  ...  view the full minutes text for item 78.

79.

Manchester Airport Group Investment Proposal