To receive any apologies for absence.

Apologies for absence were received from Councillor Wardle.

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.   

There were no declarations of interest.

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.

There were no urgent items of business.

Members are requested to approve the Minutes of the Meetings held on

the 27^th September 2022 and 13^th October 2022.

Resolved:

That the Minutes of the meetings of Cabinet held on 22^nd September 2022 and 13^th October 2022 be approved and signed as correct records.

Report of the Cabinet Member for Children’s Services and Education/Director of Children’s Services.

Cabinet considered the report of Cabinet Member for Children’s Services and

Education/Director of Children’s Services which was seeking approval for delegations to spend funds in relation to the Family Hubs and Start for Life programme, which the council signed up to on 31st October 2022.

Alternatives Considered:

No alternatives were put forward as there are robust grant conditions associated with the funding in relation to eligible expenditure, percentage spend allocation, a programme guide of interventions to be delivered and timescales.

RESOLVED:

1.    That the expenditure related to the Family Hubs and Start for Life following sign up to the programme be approved;

2.    That the budget approval processes be delegated to the Director of Children’s Services and Director of Public Health in consultation with respective Lead Members and the Interim Director of Resources as Section 151 officer.

Reasons for the Decision:

Cabinet are being asked to approve expenditure and agree delegated authority to enable implementation of the Family Hubs and Start for Life programme to ensure that timescales and conditions of funding are met.

Report of the Cabinet Member for Children’s Services and Education/Director of Children’s Services.

Cabinet considered the report of Cabinet Member for Children’s Services and

Education/Director of Children’s Services which advised that across the borough birth rates for Primary school cohort intakes have dropped by 204; from 3051 in 2021, to 2847 for 2022 intake. Also, through 2015 to 2019 there had been an in-flow of pupils in pre-school years which significantly enlarged those cohorts. In the last couple of years in-flow has been reduced, particularly central Rochdale, by Covid and lockdowns, and underlying birth rates are due to drop by a further 121 by the 2025 Primary school intake.

It is still uncertain whether in-flow rates will return to previous levels and some areas of the schools system must look to reduce admission numbers in order for schools to have certainty on pupil numbers and thus finance.

Alternatives considered:

Alternatives are constantly under review and any impacts of the current pandemic on house building rates or timing of new developments will have knock on effects on school capacity.

RESOLVED:

1.    That an additional Reception class at Hollin Primary School in Middleton for 2023 school intake be approved;

2.    That the additional Primary school year 2 class at Alkrington Primary school in Middleton be noted;

3.    That the opening of consultations on removing excess Primary school spare capacity in Rochdale central, Rochdale north, and Heywood  be approved.

4.    That the consultation on new Presumption Free schools currently open on the consultation hub be noted;

5.    That the opening of the DfE Wave 15 Free school application process be noted.

Reasons for the decision:

The council has a statutory duty to provide education and school places to all school aged children living in the borough and consequently has a duty to plan adequately for predicted pupil numbers.

Under the Education Act 1996, section 14(1) the Local Authority has a duty to secure sufficient school places and is also the strategic commissioner for new school places in its area.

A local authority shall exercise their functions under this legislation to contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, and secondary education and, in the case of a local authority in England, further education, are available to meet the needs of the population of their area.

Drops in birth rates and take up of places for Reception intake mean that too much capacity is forecasted. This will impact on financial viability of schools and have knock on effects for quality of education. All school Admission Authorities, including the Local Authority, are required to follow the Admissions code to reduce the Published Admission Number for their school/schools.

Report of the Cabinet Member for Children’s Services and Education/Director of Children’s Services.

Cabinet considered the report of Cabinet Member for Children’s Services and

Education/Director of Children’s Services which advised that through 2021-22 in-flow into Rochdale has caused significant issues in providing Secondary school places to newcomers to the area. There is a shortage of Secondary places across the Greater Manchester area.

Also, that the new Secondary School in Littleborough, which will be run by Star Academies, has been “paused” by the Department for Education. The DfE have said that the school will now not be opened before 2025 and the new SEN school timeline for delivery has also been delayed and is currently not expected to be finished until the “2024/25 school year”.

Alternatives considered:

Alternatives are constantly under review and any impacts of the current pandemic on house building rates or timing of new developments will have knock on effects on school capacity.

In considering the submitted report, Cabinet Members expressed concerns relating to the delays in providing the new school in Littleborough and the Heywood SEN School.

RESOLVED:

1.    That the new delivery timescales of two new schools; the Littleborough Star Leadership Academy and the Heywood SEN school be noted and that the concerns of the Cabinet in respect of the delays to these schools be communicated to the Department for Education;

2.    That the spending of £1.5m from Basic Need funding to provide accommodation for an additional 50 places at Wardle Academy for 2023 intake be approved;

3.    That the submission of a bid for the new round of centrally delivered SEN schools be approved.

Reasons for the decision:

The council has a statutory duty to offer every pupil living in the borough, who applies, a Secondary school place. Where the council offers a school place that is over the statutory “safe walking distance” for the age of that child the council is required to provide free school transport. Because bus transport in the area is provided through Transport for Greater Manchester, any child offered a school place, which is over the statutory distance criteria, is offered a free bus pass that is provided from council funds. The council receives no central government funding for school bus transport.

The council does receive Basic Need funding to provide additional school places for both permanent and temporary school building expansions and bulge classes. The allocation of Basic Need funding from central government is reported annually to the council Cabinet and the report this year was approved on 29th March 2022

Report of the Cabinet Member for Finance and Corporate/Chief Finance Officer.

Cabinet considered the report of the Cabinet Member for Finance and Corporate/Chief Finance Officer which was making recommendations to Council on 14^th December as follows:

1. For the setting of the Business Rates baseline for 2023/24 in accordance with the Local Government Finance Act 1988 and the Non-Domestic Rating Regulations 2013.

2. To approve the precept payment dates for 2023/24.

Alternatives considered:

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

RESOLVED:

That Council on 14^th December 2022 be recommended to approve the following:

1. The draft Business Rate baseline figure of £66.097m for 2023/24, subject to any changes which may result from:

·         The provisional Local Government Finance Settlement 2023/24.

·         The issue of the Department for Levelling Up, Housing and Communities (DLUHC) guidance on completion of the 2023/24 Business Rate baseline return (NNDR1) due in January 2023.

·         The impact of the Business Rates revaluation which is due to take effect from 1st April 2023.

2. That the Interim Director of Resources, in consultation with the Cabinet Member for Finance and Corporate, be authorised to conclude and agree the final Business Rate baseline return (NNDR1) due on 31 January 2023, should the final information yet to be received from DLUHC change the baseline figure for 2023/24.

3. That the precepts payment schedule detailed in paragraph 4.2 of the submitted report be approved.

Reasons for the decision:

The Non-Domestic Rating (Rates Retention) Regulations 2013 (SI 2013/452) require billing authorities to 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 DLUHC guidance being published and provided, following which the figure in this report may have to be revisited.

Report of the Cabinet Member for Finance and Corporate/Chief Finance Officer.

Cabinet considered the report of the Cabinet Member for Finance and Corporate/Chief Finance Officer which was making recommendations to Council on 14th December as follows:

1.    To agree the statutory Council Tax Base calculation for 2023/24, calculated in accordance with The Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012 as part of the 2023/24 Estimates process.

2.    For the Local Council Tax Support Scheme to remain unchanged for 2023/24.

3.    To approve the precept payment dates for 2023/24.

Alternatives considered:

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

RESOLVED:

That Council on 14th December 2022 be recommended to approve the following:

a.    The Council Tax base expressed as “Band D equivalent properties”, be recommended as 57,552 for 2022/23 (56,232 2022/23) as detailed at Appendix

b.    The Local Council Tax Support Scheme for 2023/24 remains unchanged.

c.    The proposed precepts payment schedule detailed in paragraph 4.3 of the submitted report.

Reasons for the recommendation:

Rochdale Borough Council, as a Council Tax billing authority, is required each year to make statutory calculations specified in Section 31B 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 considers this report for submission to Council on 14 December 2022.

Report of the Cabinet Member for Finance and Corporate/Chief Finance Officer.

Cabinet considered the report of the Cabinet Member for Finance and Corporate/Chief Finance Officer which provided an update on the Council’s forecast 2022/23 financial position as at the end of September 2022.

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.    That the forecast 2022/23 financial positions for Revenue, Capital, and the Collection Fund as at the end of September 2022, as detailed in section 4 of the report be noted;

2.    It be noted that the £1.4m earmarked to support Your Trust during its recovery from the Covid pandemic is likely to be utilised during 2022/23 and 2023/24, as detailed in section 4.1.3.of the report;

3.    That the agreement of the NJC pay award for 2022/23 as detailed in section 4.1.4 of the report be noted;

4.    That the amended parameters of the Jobs & Investment Fund in order to be able to provide limited financial support to existing businesses in the borough, as detailed in paragraph 4.1.5 of the report be approved;

5.    That the Budget Pressure requests detailed in section 4.3.of the report be approved;

6.    That the net Capital budget changes of £1,686k, detailed in section 4.5.1.of the report be noted;

7.    That the Capital re-phasing of £15,374k into future years detailed in section 4.5.2. of the report be noted;

8.    That the requests to switch budgets as follows and as  detailed in section 4.5.3 of the report be approved;

·         between Economy and Neighbourhoods directorates

·         between Resources, Neighbourhoods and Economy directorates

·         between Public Health and Neighbourhoods

9.    That the Treasury Management update for Quarter 2 in section 4.7, and appendix D of the report be noted.

Reasons 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.

The report focuses on the forecast 2022/23 financial position as at the end of September 2022.

Report of the Cabinet Member for Finance and Corporate/Chief Finance Officer.

Cabinet considered the report of the Cabinet Member for Finance and Corporate/Chief Finance Officer which provided an update on the Revenue Budget 2023/24 to 2025/26. The current forecast gap for 2023/24 is £5.280m rising to £15.803m in 2025/26 based on the latest information available. The main pressures relate to increased Energy costs, inflation on staffing and the pressures within Children’s services. The position reflects the known pressures and assumptions around Government funding which are due to be clarified in the Autumn Statement on the 17th November 2022.

Also, to provide an update on the Council’s Medium Term Financial Strategy. The Medium Term Financial Strategy provides the latest budget position for the Council, sets out the key financial challenges and issues which will be faced over the period, and provides details of the assumptions and estimates which underpin the budget.

Alternatives considered:

The Council is legally obliged to set a balanced budget. The budget setting process is complex and must be undertaken in a planned way. It is equally important that assumptions used in the preparation of the budget are agreed, reasonable and consistently applied by all services.

RESOLVED:

1.    That the updated Revenue Budget Position 2023/24 to 2025/26, including the forecast budget gap for 2023/24 being £5.280m and that further work is required to set a balanced budget at Budget Council in February 2023 after the announcement of the provisional and final settlement be noted;

2.    That the update on the Council’s Medium Term Financial Strategy be noted;

3.    It be noted that the additional asks to the Capital Programme in 2023/24 will add an additional revenue pressure for repayment of borrowing of c £0.5m to the annual gap and that consultation on the Capital Programme will take place over the autumn to ensure priorities are met and no further ask is added to the revenue budget.

Reasons for the decision:

Cabinet members are required to recommend a balanced 2023/24 Revenue Budget to Budget Council, and provisional budgets for 2024/25 to 2025/26. The Council is required to set a balanced budget for 2023/24 by 11th March 2023.

The Revenue Budget and Medium Term Financial Strategy are key elements of the budget setting process.

Report of the Cabinet Member for Finance and Corporate/Chief Finance Officer.

Cabinet considered the report of the Cabinet Member for Finance and Corporate/Chief Finance Officer which outlined changes to the Council’s Capital Programme 2022/23; provided details of the Council’s proposed Capital Programme 2023/24 to 2027/28, as a basis for consultation and outlined the risks of borrowing to finance the Capital Programme and its long term impacts on the longer term financial sustainability of the Council and Treasury Management Strategy (TMS).

Alternatives considered:

The Council is legally obliged to set a balanced budget. The budget setting process is complex and must be undertaken in a planned way. It is equally important that assumptions used in the preparation of the budget are agreed, reasonable and consistently applied by all services.

A number of alternative elements of the Capital Programme were considered in the development of the programme, the one presented is of the most strategic/community value and is aligned with the Council’s priorities and therefore forms the basis for consultation, on the understanding that any alternatives offered during that process will be considered.

RESOLVED:

1.    That the proposed changes to the Capital Programme 2022/23 be approved;

2.    That the Capital Programme 2023/24, and provisional programmes for 2024/25 to 2027/28, be approved as a basis for consultation, subject to confirmation of grant funding allocations, as detailed in Appendix 1.of the report;

3.    That it be noted that if the proposed Capital Programme is approved for consultation this will add an additional revenue pressure for repayment of borrowing of c £0.5m to the annual gap;

4.    That the next steps of the consultation process which will take place over the autumn to ensure priorities are met and no further ask is added to the revenue budget be approved.

Reasons for the decision:

Cabinet members are required to recommend a balanced 2023/24 Revenue Budget to Budget Council, and provisional budgets for 2024/25 to 2025/26.

The Council is required to set a balanced budget for 2023/24 by 11th March 2023.

The Capital Programme is a key element of the budget setting process.

Report of the Cabinet Member for Finance and Corporate/Chief Finance Officer.

Cabinet considered the report of the Cabinet Member for Finance and Corporate/Chief Finance Officer which advised that Discretionary Fees and Charges are reviewed on an annual basis. At Cabinet 26th July 2022 a 2% general increase in Discretionary Fees and Charges for 2023/24 was agreed for planning purposes, subject to exemptions to be agreed.

After further review it had been agreed to increase the Discretionary Fees and Charges to 4%, in order to generate additional income and bring the charges more in line with general inflationary increases.

The report detailed the proposed Discretionary Fees and Charges for 2023/24 as a basis for consultation, and detailed those charges proposed to be exempt from the general 4% increase.

Alternatives considered:

The alternative is not to review or increase our fees and charges. This would potentially reduce the income available to the Council and make it more difficult to achieve a balanced budget.

RESOLVED:

1.    That the updated Discretionary Fees and Charges for 2023/24, be approved as a basis for consultation.

2.    That the charges exempt from the general 4% increase, as set out in paragraph 4.3. of the report be approved;

3.    That the different % increases, as set out in paragraph 4.4.of the report be approved.

Reasons for the decision:

The fees and charges in this report have been proposed by each Directorate, taking into account the 4% general uplift in Discretionary Fees and Charges.

It is recommended not to apply a 4% increase to the fees and charges detailed in paragraph 4.3. of the report.

It is recommended to apply the different % increases to the fees and charges detailed in paragraph 4.4. of the report.

Report of the Cabinet Member for Adult Care and Wellbeing/ Interim Director of Adult Social Services. – this item has been withdrawn from the agenda

This item was withdrawn.

Report of the Cabinet Member for Highways and Housing/Director of Neighbourhoods.

Cabinet considered the report of the Cabinet Member for Highways and Housing/Director of Neighbourhoods which advised that the first Street Naming and Numbering Policy was adopted by Cabinet 2014, the policy had been refreshed into the current corporate layout and amended to reflect the current legislation and was appended to the report.

Alternatives considered:

There are no alternatives to the proposed policy.

RESOLVED:

1.    That the updated Street Naming and Number Policy be approved.

Reasons for the decision:

To ensure that the Council has a robust and fair policy and process for the naming and numbering of roads and properties.

Report of the Cabinet Member for Communities and Co-Operation/Director of Neighbourhoods/Director of Economy.

Cabinet considered the report of the Cabinet Member for Communities and Co-Operation/Director of Neighbourhoods/Director of Economy which advised that Rochdale Borough Council, Rochdale Development Agency and Your Trust submitted two major bids for funding as part of an ambitious programme to develop culture hubs across the borough as outlined in the borough’s Cultural Asset Strategy that was developed to support the physical delivery of Pioneering Creativity, the borough’s adopted Creative and Cultural Strategy.

The report sought approval of delegations to accept funding from Arts Council England and the DCMS and to advise of previous delegated decisions to accept the grants and the progress since then to establish culture hubs.

Alternatives considered:

To not accept major external capital funding from ACE and DCMS. There are limited opportunities for other investment at this scale at this time.

RESOLVED:

1.    That delegated authority be given to the Assistant Director (Legal & Governance) to negotiate and execute the relevant legal agreements necessary to give effect to the decision relating to the funding and to ensure the delivery of the project in accordance with the Council’s constitution in consultation with Director of Economy and Strategic Development Lead for Culture and Visitor Economy;

2.    That the previous delegated decisions of 21st February 2022 and 12th April 2022 to accept grants and the progress since then to establish culture hubs be noted.

Reasons for the decision:

Arts Council England (ACE) require the council to enter into a deed of covenant that provides them security against the title deeds for Touchstones (20 years) and Heywood Civic Centre (15 years) that the buildings are going to be used for the purposes of the projects funded by the grants. This recommendation will allow this to be completed.

Under the deed of covenant, the Council will require the ACE’s consent to any assignment, transfer, charge, lease or licence, such consent is not be unreasonably withheld or delayed.

The previous delegated decisions included a requirement to report back to Cabinet.

To consider that the press and public be excluded from the remaining part of the meeting pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that discussions may involve the likely disclosure of exempt information as defined in the provisions of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

RESOLVED:

That, in accordance with the provisions under Section 100(A) (4) of the Local Government Act 1972, as amended, the press and public be excluded from the meeting during the consideration of the following items of business.

Reason for the Decision:

Should the press and public remain during consideration of the items, there may be a disclosure of information that was deemed to be exempt under Part 3 of Schedule 12A of the Local Government Act 1972.

Report of the Cabinet Member for Economy and Regeneration/Director of Economy.

Cabinet considered the report of the Cabinet Member for Economy and Regeneration/Director of Economy which requested approval to spend the allocated capital budget of £3,562,000 across a 3 year programme from April 2022 to March 2025 to meet previously agreed targets to raise additional income from the Councils portfolio of industrial assets.

Alternatives considered:

The alternatives were outlined within the report.

RESOLVED:

1.    That approval be given to spend the allocated budget in relation to refurbishing the Council owned industrial portfolio;

2.    That the Director of Economy and the Assistant Director of Resources (Legal, Governance & Workforce) be given delegated authority to procure the works and enter into any legal agreements to achieve refurbishment of the units within the industrial portfolio.

3.    That the Portfolio Holder for Economy and Regeneration be consulted on the ongoing development of the refurbishment programme and be invited to the meetings of the Working Group relating to this project.

Reasons for the decision:

To enable the refurbishment of the industrial property portfolio as detailed in the report.

Report of the Cabinet Member for Economy and Regeneration/Director of Economy.

Cabinet considered the report of the Cabinet Member for Economy and Regeneration/Director of Economy which provided an update on the Upperbanks (Rochdale Riverside Phase 2) Development.

Alternatives considered:

The alternatives were outlined within the report.

RESOLVED:

1.    That the loan agreement as detailed within the submitted report be approved with the detail of the loan terms and structure delegated to the Interim Director of Resources in consultation with the Director of Economy and the Assistant Director for Legal & Governance and relevant portfolio holders;

2.    That the Assistant Director (Legal and Governance) be authorised to complete the legal formalities and give effect to this decision.

Reasons for the decision:

In order to ensure that adequate funding is in place as detailed within the report.

(Note: In accordance with CP15 in the Council Constitution, Councillor Meredith requested that his vote against the decision above be recorded)

Report of the Cabinet Member for Finance and Corporate/ Chief Finance Officer.

Cabinet considered the report of the Cabinet Member for Economy and Regeneration/Director of Economy which provided a financial update relating to Rochdale Riverside.

RESOLVED:

That the Rochdale Riverside Financial Update be noted.

Report of the Cabinet Member for Climate Change and Environment/ Director of Neighbourhoods.

This item was withdrawn.