Decisions

Highways, Transport & Environment Service are proposing to:

Launch public engagement and consultation exercise to consider the views of residents and stakeholders on:

·        The future funding of non-statutory (additional) concessions to the English National Concessionary Travel Scheme in Surrey

Which is likely to amount to a modification to a public service, subject to any change being agreed by Cabinet at their meeting on 29 Jan 2019.

At that meeting the Cabinet will be presented with a report detailing the consultation findings enabling it to make an informed decision on the future funding of bus services and non-statutory concessions.

It was AGREED to commence public consultation on the proposal outlined.

The Environment Service are proposing to launch a public consultation exercise to consider the views of residents and stakeholders on proposals to change the CRC service. The detail of the proposals will be communicated in the public consultation.

The feedback submitted during the public consultation will inform the final recommendations for change. This will be detailed in a report with the consultation findings, and will be presented to Cabinet at their meeting on 29 Jan 2019 enabling it to make an informed decision on any potential changes to the service. 

It was AGREED to commence public consultation on the proposal outlined.

The Planning Development Group, as part of the Highways, Transport and Environment Service, is responding to Government consultation on the inclusion of shale gas projects in the Nationally Significant Infrastructure Project (NSIP) regime:

The County Council as Minerals Planning Authority (MPA) does not agree that shale gas production projects should be included in the Nationally Significant Infrastructure Project (NSIP) regime. The MPA considers that the novel, controversial and industrial nature together with the scale and likely significant environmental impacts of unconventional hydrocarbon development warrants continued and full involvement of existing local democratic structures and the established plan-led system in determining whether such development should be granted planning permission. This would allow for the continued proper management of major mineral development in Surrey by the Minerals Planning Authority in accordance with the Development Plan (and any other material considerations) so as to meet the needs and expectations of its communities.

The Joint Committee (Spelthorne) agreed:

(i)    To approve the provisional allocation of budgets for 2019-20 as shown in Table 3 below (paragraphs 2.1.7 to 2.1.13 refer);

(ii)  To authorise the advertisement of a legal notice for the relocation of two speed cushions in Clare Road, Stanwell, in support of bus stop improvements at the junction with Bedfont Road, and to consider any representations in consultation with the Chairman, Vice Chairman and Divisional Member and if there are no significant objections to relocate the speed cushions (paragraphs 2.6.1 to 2.6.3 and Annex B refer);

(iii)To authorise the implementation of a new bus stop clearway at the bus stop in Clare Road at the junction with Bedfont Road (paragraphs 2.6.1 to 2.6.3 and Annex B refer);

(iv)To authorise the Area Highway Manager in consultation with the Chairman, Vice Chairman, and relevant Divisional Member(s) to undertake all necessary procedures to deliver the agreed programmes.

Reasons for recommendations:

Recommendations are made to facilitate development of Committee’s 2019-20 Highways programmes, while at the same time ensuring that the Chairman, Vice Chairman and relevant Divisional Members are fully and appropriately involved in any detailed considerations.

A number of changes are proposed to improve bus stop facilities in Clare Road at its junction with Bedfont Road.

Committee is asked to provide the necessary authorisation to deliver its programmes of work in consultation with the Chairman, Vice Chairman and relevant Divisional Member without the need to revert to the Committee as a whole.

The Surrey Heath Local Committee agreed:

i)          The costs for installing a raised table and appropriate traffic calming measures should be looked at again in detail and priced up fully by the Area Highways Manager in consultation with the Chairman and Vice-Chairman, who is also the local divisional member.

Reason for decision:

The above decision was made to enable a positive step towards alleviating the concerns raised in the petition.

The minutes of the last meeting on 14 June 2018 were agreed as a true record and signed by the Chairman.

The Surrey Heath Local Committee agreed:

i)          To approve the Surrey Heath Local Cycling Plan as attached in Annex A

ii)         That work would continue on prioritising and advancing the cycle routes where

possible.

Reason for decisions:

The above decisions were made to provide more and better cycling provisions within the borough.

To authorise the Principal Manager Admissions and Transport (strategy) to go out to statutory consultation on the proposed changes to admission arrangement for community and voluntary controlled schools for 2020.

The Cabinet Member authorised the Principal Manager Admissions and Transport (Strategy) to go out to statutory consultation on the proposed changes to admission arrangements for community and voluntary controlled schools for September 2020 and also to consult on its proposed Relevant Area.   

The minutes from the previous meeting on 20 June 2018 were agreed as a true record and signed by the Chairman.

The Joint Committee agreed to:

i)          the advertising and making of a Traffic Regulation Order for the reduction of a length of speed limit on the A320 Guildford Road, Sutton Green from 60mph national speed limit) to 50mph.

Reason for decision

The above decision was made to enable progression of all highway related schemes and works.

The Local Committee (Elmbridge) agreed:

(i)       To approve the provisional allocation of budgets for 2019-20 as shown in Table 3 of the report;

(ii)      To add five schemes as set out in paragraph 2.14 of the report to the forward programme for feasibility studies, to be funded from the parking surplus;

(iii)    To allocated funding from the Committee’s budget for a new traffic regulation order, so that the bollards that currently prevent vehicular access to the end of Sunbury Lane, Walton can be retained;

(iv)    To authorise the Area Highway Manager in consultation with the Chairman, Vice Chairman, and relevant Divisional Member(s) to undertake all necessary procedures to deliver the agreed programmes.

Reasons:  Recommendations are made to facilitate development of Committee’s 2019-20 Highways programmes, while at the same time ensuring that the Chairman, Vice Chairman and relevant Divisional Members are fully and appropriately involved in any detailed considerations.

Committee is asked to provide the necessary authorisation to deliver its programmes of work in consultation with the Chairman, Vice Chairman and relevant Divisional Member without the need to revert to the Committee as a whole.

To note the Cipfa financial resilience report and approve the Improvement Plan for adoption and implementation.

RESOLVED:

1.    That the key findings of the CIPFA review be noted and commitment to addressing the issues identified was affirmed.         

2.    That the finance improvement plan set out in Annex 2 to the report be approved.

3.    That the tasks, actions and deliverables assigned to the Cabinet in the finance improvement plan and that the Leader would initially lead on finance was agreed.

Reason for Decisions:

To remedy the financial position the Council faced would require the commitment of Members and officers to make difficult decisions on where savings could be made. Supporting the finance improvement plan would demonstrate that the Council had the collective drive to resolve the financial difficulties outlined in the CIPFA review.

[The decisions on this item can be called in by the Corporate Overview Select Committee]

It was agreed that non-exempt information may be made available to the press and public, where appropriate.

RESOLVED: 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.

There were no reports to consider.

No representations were received.

No petitions were received.

There were no public questions.

There were three questions from Members.  These and the responses were published as a supplement to the agenda.

The Minutes of the meeting held on 17 July 2018 were approved as a correct record.

Apologies were received from Mr Jeff Harris and Miss Alison Griffiths.

To approve the award of a contract for the Provision of Personal Protective Equipment (PPE) for Surrey Fire and Rescue Service (SF&RS)

RESOLVED:

That a contract for a supply and fully managed service provision of Personal Protective Equipment be awarded for an eight year period to Bristol Uniforms Ltd was agreed.  The contract would be a call-off from the Kent and Medway Fire and Rescue Authority Framework Agreement for the Provision of Personal Equipment for Firefighters to commence on 9 January 2020. 

Reason for Decision:

Surrey Fire and Rescue Service (SFRS) had a statutory duty to provide firefighters with appropriate Personal Protective Equipment (PPE).

The current contract expired on 8 January 2020 and SFRS required the replacement of the existing PPE to ensure the Council (as the Fire Authority) fulfilled its legal duties under the Fire and Rescue Services Act 2004 and the Health and Safety Act 1974. An eight year contract period was required as this was the lifespan of the PPE ensemble.

Procuring the services through this Framework had been identified as providing the best route to market and would allow SFRS to obtain efficiency savings over the contract duration due to the collaborative approach with neighbouring Fire and Rescue Services.

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

Cabinet decision needed is to permit the library service to change how it supports the community partnered libraries (CPLS).

Because the individual CPLs have been up and running close to or over 5 years they are very experienced and there is no longer  a need for the 20% weekly presence on site of the CPL team agreed when they were set up.

RESOLVED:

That the introduction of alternative arrangements to provide  support to Community Partnered Libraries (CPL) and that the agreement to provide library team attendance for 20% of CPL opening hours be changed, with the resource being redeployed towards the development of volunteering across the library network was agreed.

Reason for Decision:

Due to the maturity of the CPLs and level of knowledge and skills which had developed amongst volunteers, advances in digital technology, a well-established working relationship with the Council and a keenness amongst volunteers to expand what they do on-site to support the needs of residents, the library service was proposing changes in the support model.

The library service has consulted with CPLs about these proposed changes and the CPLs were engaged with taking this proposal forward. Their ideas and concerns had been fed into the redesigned support model.

The proposed changes recommended a decrease in the regular presence that CPL Support Team officers provide on-site at each CPL from weekly to a monthly visit.  Other changes include increased access to the library management system to enable volunteers to provide a fuller service to customers locally without having to contact a member of library staff and direct contact with other parts of the library service and the Council which currently go via the CPL team.

The experience of the CPL Support team in setting up and maintaining support to the CPLs has made them ideally placed to carry out a future programme increasing the amount of volunteering which  already adds value to the library service and to build on that to ensure libraries remain vibrant community destinations and meet the needs of residents. 

The changes will be phased and completed by April 2019.

[The decisions on this item can be called in by the Adults and Lifelong Learning Select Committee]

To consider the month end budget report and make any recommendations as appropriate.

RESOLVED:

1.    That the Council’s overall revenue and capital budget positions as at 31 July 2018 be noted.

2.    That the management actions proposed  to achieve a further £25m in-year savings, bringing the total additional savings to £40m be noted.

3.    That the adjustments to reduce and reprofile the service capital programme for 2018-21, outlined in paragraphs 58 to 61 of the submitted report and annexed to these minutes, be approved.

4.    That the draw down of £170,000 carry forwards, as given below, be approved:

            a.        Communications to draw down the £70,000 agreed carry forward, allocated to a budget engagement activity that has been undertaken.

            b.        Legal Services forecasts a +£0.2m overspend mainly because of the high cost of childcare cases. This may increase further due to the high volumes. Legal Services to draw down the £100,000 carry forward agreed to fund the delayed case from the last financial year.

Reason for Decisions:

This report is presented to comply with the agreed policy of providing a monthly budget monitoring report to Cabinet for approval and action as necessary.

[The decisions on this item can be called in by the Corporate Overview Select Committee]

A decision is required to award a new Contract for the supply and distribution of fresh produce.

RESOLVED:

That the award of a contract for three years to two suppliers; Cheesman Bros Ltd and AG Axtons for the supply and distribution of a fresh fruit and vegetables was approved. The total contract value for all lots was £2.58M.

Reason for Decision:

The contract awards supported the Draft Vision for Surrey in 2030, the ambitions and themes of the Transformation Programme by meeting the high service and quality standards for food supplied for Surrey schools, involving the use of local suppliers and producing a saving against current contract value.

The awards supported Commercial Services for the Council in assisting school governors meet their statutory requirement to provide school meals.

The current contracts which were extended in agreement with the incumbent bidders expired on in 31 October 2018, and the new contract would commence on 1 November 2018.

The tender had been conducted in compliance with the requirement of Public Contract Regulations 2015 and Procurement Standing Orders.

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

To approve the award of a contract for the Provision of Nursing and Residential Dementia Care Services for Older People at the former Older People in house home Brockhurst and the award of an Agreement for Lease and Ground Lease to the successful provider for the design, build and financing the construction of the care home.

The award will support the Council’s vision to support people with nursing needs as well as high and complex residential needs, including dementia within modern, purpose-built facilities that are flexible and able to meet their needs.

RESOLVED:

1.    The conclusion of the procurement process for the award of a care services contract to Care UK Community Partnerships Ltd was approved and the agreement of the final care services contract terms and conditions delegated to the Cabinet Member for Adults and the Executive Director for Adult Social Care.

2.    The progression of the leasehold disposal of the former older peoples in house care home at Brockhurst was approved and:

a)    authority to sign off that the Council had met its requirements under Section 123 of the Local Government Act 1972: Disposal of land by principal councils was delegated to the Lead Cabinet Member for Place and the Chief Property Officer; and

b)    the agreement of the final terms and risk exposure to the Council of the Brockhurst agreement for lease and ground lease was delegated to the Lead Cabinet Member for Place and the Chief Property Officer.

Reason for Decisions:

The Council’s vision was to promote independence, choice and control in all of its practice and to achieve this in a financially challenging climate, where the demographic of need is inherently changing.

With changing demographics, increasing financial challenges, and a joint health and social care strategy to support people to live independently in their homes for as long as possible, the Council needed to commission the right accommodation options to meet our resident’s health and wellbeing needs.  This included those with complex needs that can only be catered for in a specialist residential care or nursing care setting. Key to generating these options, was shared working between the Council, partners and the private sector to develop and shape the market for accommodation with care and support.

There was an opportunity to develop dementia and nursing residential care provision on the Brockhurst site. The Council was confident of the need for such provision and analysis of the site confirms its suitability, based on the site’s size, accessibility, existing planning class use and the location.

A full tender process, in compliance with the requirement of Public Contract Regulations and Procurement Standing Orders had been completed, and the recommendations provided best value for money for the Council following a thorough evaluation process.

[The decisions on this item can be called in by the Adults and Lifelong Learning Select Committee]

The Cabinet is asked to endorse an updated Corporate Policy and Protocol on the use of the Regulation of Investigatory Powers Act 2000 (RIPA) by council services.

RESOLVED:

The proposed new Corporate Policy and Protocol on the application of the Regulation of Investigatory Powers Act 2000 (RIPA) (Annex 1 to the report) to include the added section at paragraph 12 including the use of RIPA regarding social media and online selling platforms and the added section at paragraph 16.1 including how the policy complies with Data Protection legislation was agreed.

Reason for Decision:

The inclusion of a section within the Corporate Policy and Protocol provided an updated framework to ensure that the Council continued to comply fully with the requirements of RIPA. In line with the changing market place for goods and services, the way Trading Standards investigated legal compliance had also changed and often involved the use of social media and online selling platforms.

The Corporate Policy and Protocol on the use of RIPA was a public document and the introduction of new data protection legislation and the requirement to be open and transparent in how the Council processed personal data had led to the requirement to include a section within the Policy.

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

Declarations of Interest: Borough Cllr David Wright and County Cllr Keith Taylor both declared a non-pecuniary interest as trustees of the Friends of Hurtwood charity and left the room for the duration of the discussion on Item 9.

The Vice-Chairman chaired the meeting for items 9 and 10.

Officers attending: Catherine Valiant Countryside Access Officer SCC

Petitions, Public Questions, Statements: None

Member discussion - key points:

An application has been received for a Map Modification Order (MMO) to add a public footpath between Public Footpath No.180 (Shere) and Public Bridleway No.181 (Shere). 

The officer’s recommendation was supported unanimously by members of the committee.

Resolved:

The Local Committee (Guildford) agreed that:

The application to record a public footpath as described above be turned down.

Reasons:

The County Council has a duty under Section 53 of the Wildlife and Countryside Act 1981 (WCA1981) to modify the Definitive Map and Statement (DMS) if it discovers evidence which on balance supports a modification.

In this instance the evidence submitted by the landowner shows a lack of intention to dedicate a right of way between points A and B that is sufficient to negate the claim of long user by members of the public. In addition the nature of the land between B and C is such that a public right of way could not be acquired, regardless of the frequency or length of that use.