Agenda and decisions

Cabinet - Tuesday, 20 July 2021 2.00 pm

Venue: Council Chamber, Woodhatch Place, 11 Cockshot Hill, Reigate, Surrey ,RH2 8EF

Contact: Vicky Hibbert or Huma Younis  Email: huma.younis@surreycc.gov.uk

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Items
No. Item

1.

Apologies for Absence

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    Decision:

    There were no apologies.

     

2.

Minutes of Previous Meeting: 29 June 2021 pdf icon PDF 522 KB

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    To agree the minutes of the last meeting as a correct record of the meeting.

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    Decision:

    The Minutes of the Cabinet meeting held on 29 June 2021 were approved as a correct record of the meeting.

     

3.

Declarations of Interest

    All Members present are required to declare, at this point in the meeting or as soon as possible thereafter:

     

    (i)            Any disclosable pecuniary interests and / or

    (ii)           Other interests arising under the Code of Conduct in respect of any item(s) of business being considered at this meeting

    NOTES:

     

    ·         Members are reminded that they must not participate in any item where they have a disclosable pecuniary interest

    ·         As well as an interest of the Member, this includes any interest, of which the Member is aware, that relates to the Member’s spouse or civil partner (or any person with whom the Member is living as a spouse or civil partner)

    ·         Members with a significant personal interest may participate in the discussion and vote on that matter unless that interest could be reasonably regarded as prejudicial.

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    Decision:

    There were none.

     

4.

Procedural Matters

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    Additional documents:

4a

Members' Questions pdf icon PDF 217 KB

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    The deadline for Member’s questions is 12pm four working days before the meeting (14 July 2021).

     

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    Decision:

    There were six member questions. The questions and responses were published as a supplement to the agenda.

     

4b

Public Questions pdf icon PDF 267 KB

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    The deadline for public questions is seven days before the meeting (13 July 2021).

     

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    Decision:

    There was one public question. The question and response were published as a supplement to the agenda.

     

4c

Petitions

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    The deadline for petitions was 14 days before the meeting, and no petitions have been received.

     

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    Decision:

    There were none.

     

4d

Representations received on reports to be considered in private

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    To consider any representations received in relation why part of the meeting relating to a report circulated in Part 2 of the agenda should be open to the public.

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    Decision:

    There were none.

     

5.

Reports from Select Committees , Task Groups, Local Committees and other Committees of the Council

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    To consider any reports from Select Committees, Task Groups, Local Committees and any other Committees of the Council.

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    Decision:

    There were none.

     

6.

Leader / Deputy Leader / Cabinet Member/ Strategic Investment Board Decisions Taken Since the Last Cabinet Meeting pdf icon PDF 125 KB

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    To note any delegated decisions taken by the Leader, Deputy Leader, Cabinet Members, Strategic Investment Board and Committees in Common Sub-Committee since the last meeting of the Cabinet.

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    Decision:

    RESOLVED:

     

    That the delegated decisions taken since the last meeting of the Cabinet be noted.

     

    Reason for decision:

     

    To inform the Cabinet of decisions taken by Cabinet Members, Strategic Investment Board and the Committee in Common subcommittee under delegated authority.

     

7.

Covid-19 Delegated and Urgent Decisions Taken pdf icon PDF 211 KB

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    To ensure transparency of decisions taken in response to Covid-19, Cabinet are asked to note the attached decisions taken since the last meeting.

     

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    Decision:

    RESOLVED:

     

    1.    That the decision taken by officers since the last meeting be noted.

     

    Reason for decision:

     

    To inform the Cabinet of decisions taken by officers under delegated authority.

     

    [This decision is subject to call-in by the relevant Select Committee Chairman dependent on the recommendation.]

     

8.

Covid-19: Surrey County Council - Update, Review And Lessons Learned pdf icon PDF 347 KB

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    As we move into the final stage of the Government’s planned roadmap for easing lockdown restrictions, this report summarises the extent of the council’s response to date and highlights the lessons learned to date in doing so.

    (The decisions on this item can be called-in by the Resources and Performance Select Committee)

     

     

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    Decision:

    RESOLVED:

     

    1.    That Cabinet acknowledges the impact that COVID-19 has had and continues to have on Surrey, its residents and economy and the services provided by the Council.

    2.    That Cabinet notes and endorses the actions being delivered through Surrey’s Local Outbreak Control Plan, including the vaccination roll out, and the ongoing support to vulnerable residents, including through the council’s Community Helpline and the COVID-19 Winter Support Grant scheme.

    3.    That Cabinet reviews and comments on the lessons learned derived from a review by the Surrey Local Resilience Forum and County Council on the response to and recovery from the COVID-19 pandemic.

     

    Reasons for Decisions:

     

    The recommendations set out in this report ensure that the Cabinet are appraised of the scope, detail and learning from our response to and recovery from the COVID-19 pandemic to date.

     

    [The decisions on this item can be called in by the Resources & Performance Select Committee]

     

9.

Revised Minerals And Waste Development Scheme pdf icon PDF 320 KB

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    The purpose of this report is to present a revision of the Minerals and Waste Development Scheme (MWDS) in order to facilitate a delay to the commencement of the first consultation phase (Issues and Options) in the production of the new Surrey Minerals and Waste Local Plan (SMWLP). This delay will enable the Council to avoid consulting over the summer period during the ongoing pandemic, following the recent County Council elections. Cabinet is asked to agree the updated MWDS, which sets out a revised four-year timeframe in which it is intended that the new MWLP will be adopted.

     

    (The decisions on this item can be called-in by the Communities, Environment and Highways Select Committee)

     

    Additional documents:

    Decision:

    RESOLVED:

     

    1.    That Cabinet approves the proposed revised Minerals and Waste Development Scheme dated July 2021, which sets out an updated timetable in relation to the production of the Surrey Minerals and Waste Local Plan, as set out at Annex 1.

    Reason for Decisions:

     

    It is a statutory requirement to produce the MWDS and to keep it up to date. An update to the MWDS has been proposed by officers, which seeks to extend the production timeline for the new SMWLP. The extension of time will allow the first public consultation stage for the new SMWLP (Issues and Options) to commence in October 2021 (previously June 2021). This will allow consultation to commence after the summer, in the expectation that many residents may be taking the opportunity over the summer period to go on holiday. The delay will therefore enable the best possible reach of the consultation to residents.

    [The decisions on this item can be called in by the Communities, Environment and Highways Select Committee]

     

     

     

10.

River Thames Scheme Collaboration Agreement Principles pdf icon PDF 488 KB

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    The purpose of this report is to outline the principles to be used in the development of the Collaboration Agreement  between Surrey County Council and the Environment Agency and any additional associated contracts and agreements as may be required as a natural consequence of the completing the Collaboration Agreement.

    (The decisions on this item can be called-in by the Communities, Environment and Highways Select Committee)

     

     

     

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    Decision:

    RESOLVED:

     

    1.    That Cabinet approves the principles proposed for the development of the Collaboration Agreement.

     

    2.    That Cabinet agrees the delegation of  authority to the Executive Director for Environment, Transport and Infrastructure, in consultation with the Cabinet Member for Environment and the Executive Director of Resources, to enter into the collaboration agreement and to take such actions and decisions necessary to facilitate the delivery of the Scheme within the approved budget.

     

    3.    That Cabinet recommends to Council that all decisions and actions relating to the Council’s regulatory and planning functions that pertain to the River Thames Scheme be delegated to the Director of Law and Governance in consultation with the Planning Group Manager.

     

    Reason for Decisions:

     

    The River Thames Scheme Collaboration Agreement will provide a sound legal basis for partnership working between the EA and SCC to deliver the River Thames Scheme.

    However, development of the Agreement will take some time and will not be complete until the end of the calendar year. As such, Cabinet approval of a set of Collaboration Agreement principles will provide political support and direction for the negotiation of the full legal agreement, ensuring that it will represent the Council’s best interests.

    The delegation of the approval of the final Collaboration Agreement as set out in the recommendations will ensure that SCC decision making is as agile as possible and does not hold up progress on the Scheme.

    In addition, Cabinet has previously approved, on 26 January 2021, the need to develop an approach to separate the exercise of the Council’s functions as (i) a joint applicant to the DCO and (ii) its regulatory functions as a local planning authority to avoid a perceived conflict of interest.  The final recommendation above puts this into action.

     

    [The decisions on this item can be called in by the Communities, Environment and Highways Select Committee]

     

11.

Acquisition of land in support of the A320 road improvement scheme pdf icon PDF 447 KB

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    The purpose of this report is to advise Cabinet that the design of the A320 HIF Scheme is currently being finalised and request Cabinet to resolve to make a compulsory purchase order to purchase the necessary third-party land for the A320 HIF Scheme, and to make and submit such Order to the Secretary of State for confirmation.

     

    (The decisions on this item can be called-in by the Communities, Environment and Highways Select Committee)

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    Decision:

    RESOLVED:

     

    1. That Cabinet authorise the making of a compulsory purchase order (the Order) under the provisions of section 239 of the Highways Act 1980 to acquire the Order Land to facilitate the carrying out of the said Scheme, being satisfied that there is a compelling case in the public interest for the compulsory purchase of the Order Land  to facilitate the carrying out of the A320 HIF Scheme.

     

    1. That Cabinet authorise the Executive Director of Environment, Transport and Infrastructure (in consultation with the Cabinet Member for Transport and Infrastructure) to settle the final extent, form and content of the Order and all associated documentation and take all action needed to pursue the Order and secure its confirmation.

     

    1. That Cabinet authorise the Director of Law and Governance (in consultation with the Cabinet Member for Transport and Infrastructure) to negotiate, agree land acquisition terms, and enter into agreements with interested parties, including agreements for the withdrawal of objections; to give undertakings not to enforce the Order on specific terms; (where appropriate) to remove land or rights from the Order, or to request the modification of the Order by the Secretary of State.

     

    1. That Cabinet authorise the Director of Law and Governance (in consultation with the Cabinet Member for Transport and Infrastructure) to implement the Order powers following confirmation of the Order, including acquiring title to and/or possession of the land and paying compensation agreed or determined.

     

    1. That Cabinet authorise the Director of Law and Governance (in consultation with the Cabinet Member for Transport and Infrastructure) to enter into an agreement (or agreements) with Highways England under sections 6 and 8 of the Highways Act 1980:

     

    1. That Cabinet accept the delegation of the functions of Highways England with regard to the improvements to highways at M25 junction 11 including the making of the compulsory purchase order in respect of the Order Land at junction 11 (where the Council is not the highway authority).  

     

    Reason for Decisions: 

     

    In September 2020 the Cabinet confirmed acceptance of the HIF funding award of £41.8 million (see Cabinet Paper at item 13). 

    As at the Cabinet decision date of September 2020 the Scheme had not been fully designed, thus the final land take was not known, and the Report anticipated that a further authority to pursue a compulsory purchase order would be sought from Cabinet. This paper seeks that further authority to make a Compulsory Purchase Order and to seek its confirmation by the Secretary of State.

    The decision as recommended by this report will enable the Council with funding for its Infrastructure Fund Forward Funding scheme from the Ministry of Housing, Communities & Local Government (MHCLG) to construct the necessary infrastructure improvements described above. To facilitate such construction, it will be necessary to purchase additional land adjacent to the A320 public highway from third party landowners either by negotiation and voluntary agreements or by compulsory purchase.

     

    [The decisions on this item can be called in by the Communities, Environment and Highways Select Committee]

     

12.

Cleaning Consumables Contract pdf icon PDF 391 KB

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    To seek Approval to Procure a contract to enable the provision of cleaning consumables across Surrey County Council’s facilities including care homes, schools, offices and libraries.

    (The decisions on this item can be called-in by the Resources and Performance Select Committee)

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    Decision:

    RESOLVED:

     

    1.    That Cabinet grants Approval to Procure for a contract to enable the provision of cleaning consumables across Surrey County Council’s care homes, schools, offices and libraries. A decision is required to add this procurement to the Annual Procurement Forward Plan (APFP) for 2021/22.

     

    2.    That Cabinet delegates the authority for contract award decision to the Executive Director for Resources.

    Reason for Decision:

     

    • To comply with the Procurement and Contract Standing Orders agreed by the Council in May 2019.
    • To provide Cabinet with strategic oversight of planned procurement projects for 2021/22.
    • To secure fixed product and service pricing where possible, and economies of scale for a wide variety of products ordered frequently across multiple sites within Surrey.

     

    [The decisions on this item can be called in by the Resources and Performance Select Committee]

     

13.

Joint Working Arrangements For Finance Services With Tandridge District Council pdf icon PDF 709 KB

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    The purpose of this report is to seek approval to Surrey County Council’s continuing support for the finance partnership with Tandridge District Council, the Tandridge Finance Transformation Plan and the resources necessary from Surrey County Council officers to support its successful delivery within Tandridge District Council. Subject to this, to also approve the creation of a Joint Working Agreement following satisfactory negotiation of the detailed arrangements.

    (The decisions on this item can be called-in by the Resources and Performance Select Committee)

     

     

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    Decision:

    RESOLVED:

     

    1.    That Cabinet approve the continued development of the Finance Services partnership with Tandridge DC through the development and delivery of the Tandridge Finance Transformation Programme.

     

    2.    That Cabinet approve the commitment of the necessary SCC officer time to support the successful delivery of the TFT plan within TDC.

     

    3.    That Cabinet approve the development of a Joint Working Agreement with TDC and delegate its final approval to the Executive Director, Resources, subject to the satisfactory negotiation of the details of the working arrangements.

    Reason for Decisions:

     

    TDC faces challenges both in terms of needing to improve its financial health and the capacity and capability of the finance function. SCC has been providing support to the TDC finance function since August 2020 during which time formative progress has been made. There is now a need to broaden the scope of the work to ensure that the changes identified as necessary (both within the TDC finance function and more widely across TDC) can be delivered.

    A transformation plan (‘TFT’) has been developed which identifies a new operating model for the TDC finance function and includes a business case for the necessary investment to support the delivery of the TFT plan. This plan will involve the commitment of officer time from SCC to ensure its successful delivery. A Joint Working Agreement will provide the formal legal basis for the governance of the partnership and clarify the expectations of both Parties.

    The development of the finance partnership with TDC supports the delivery of one of the SCC key objectives which is to develop Stronger Partnerships with other public services.

    The successful delivery of the TFT plan will assist TDC to emerge with a stronger underlying financial position and a finance function which is capable of sustaining this over the longer term.

    [The decisions on this item can be called in by the Resources and Performance Select Committee]

     

     

14.

2020/21 Month 2 (May) Financial Report pdf icon PDF 616 KB

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    This report provides details of the County Council’s 2021/22 financial position as at 31st May 2021 (M2) for revenue and capital budgets, and the expected outlook for the remainder of the financial year. 

    (The decisions on this item can be called-in by the Resources and Performance Select Committee)

     

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    Decision:

    RESOLVED:

     

    1.    That Cabinet note the Council’s forecast revenue and capital budget positions for the year.

     

    2.       That Cabinet agree the carry forward of two amounts within the DSG schools block totalling £183k into 2021/22.

    Reason for Decisions:

     

    This report is to comply with the agreed policy of providing a monthly budget monitoring report to Cabinet for approval of any necessary actions. 

    [The decisions on this item can be called in by the Resources and Performance Select Committee]

     

     

15.

EXCLUSION OF THE PUBLIC

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    That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information under the relevant paragraphs of Part 1 of Schedule 12A of the Act.

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16.

Acquisition of land in support of the A320 road improvement scheme

    This Part 2 report contains information which is exempt from Access to Information requirements by virtue of paragraph 3 Information relating to the financial or business affairs of any particular person (including commercially sensitive information to the bidding companies).

     

    (The decisions on this item can be called-in by the Communities, Environment and Highways Select Committee)

     

     

    Additional documents:

    Decision:

    See Minute 147/21.

17.

PUBLICITY FOR PART 2 ITEMS

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    To consider whether the item considered under Part 2 of the agenda should be made available to the Press and public.

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