Decisions

To seek Cabinet approval for the sale of land at Four Riggs Car Park - sale of part for parking for adjacent garage, office and residential development and sale of remainder for residential development.

The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Managing Director (previously circulated) requesting that consideration be given to declaring Four Riggs Car Park, as shown on the plan appended to the submitted report, surplus to Council requirements and seeking approval for the sale of part to an adjoining owner for parking in connection with his adjacent office, garage and residential premises, and the sale of the remainder to developers conditional upon planning permission being granted for a small flatted development on the site.

The submitted report outlined the background to the proposals; proposed terms for the sale; and financial and legal implications.

A Ward Member in attendance at the meeting addressed Cabinet in respect of concerns raised by residents of the ward in respect of the residential development part of the proposals.  The Director of Economic Growth and Neighbourhood Services responded thereon.

RESOLVED – (a)  That Four Riggs Car Park, as shown on the plan appended to the submitted report, be declared surplus to Council requirements.

(b)  That the sale of land at Four Riggs Car Park be approved, on the terms as set out in Appendix 2 of the submitted report.

(c)  The Assistant Director for Law and Governance be authorised to document the sale of the property accordingly.

REASONS – (a)  To achieve a capital receipt for the Council.

(b)  To assist business development and job creation in Darlington.

Request for authorisation for the release of Capital Funds for two new Special Educational Needs and Disability Units.

The Cabinet Member with the Children and Young People Portfolio introduced the report of the Director of Children and Adults Services (previously circulated) requesting that consideration be given to the Special Educational Needs and Disability (SEND) capital projects at Red Hall Primary School and Rise Carr College and to the release of capital funds in relation to those projects.

The submitted report stated that it was proposed to develop two special educational needs resource bases for pupils with Social, Emotional and Mental Health (SEMH) Needs at Red Hall Primary School and Rise Carr College; the projects were proposed as part of the SEND Strategy approved by Cabinet in March (Minute C125/Mar/19 refers); and outlined the funding sources for those projects.

RESOLVED – (a)  That the development of the Social, Emotional and Mental Health (SEMH) units at Red Hall Primary School and Rise Carr College, be agreed, to meet the need identified in the Special Educational Needs and Disability (SEND) Strategy.

(b)  That £700,000 from the Special Provision Fund allocation and £2,399,209 from the Basic Need Capital allocation, be released, with delegated authority to the Director of Children and Adult Services to manage the authorisation of this funding.

REASONS – (a)  Release of the funds will enable capital investment to be undertaken in the SEND areas identified with the greatest need.

(b)  Development of the SEMH units will provide an important link in the escalation process for children and young with SEND.  Hopefully reducing the number who eventually progress into specialist provision often out of area.

The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Managing Director providing important information regarding the regulation and management of the Council’s borrowing, investments and cash-flow; treasury management activity; and seeking approval of the Prudential Indicator results for 2018/19 in accordance with the Prudential Code.

It was reported that for the financial year 2018/19 presented similar circumstances to 2017/18 with regard to treasury management and the main implications of this for the Council were included in the submitted report.

The submitted report summarised the capital expenditure and financing for 2018/19; the Council’s underlying borrowing need; the Treasury position as at 31 March 2019; prudential indicators and compliance issues; the economic background for 2018/19; treasury management activity during 2018/19; and performance and risk benchmarking.

It was also reported that the Council’s treasury management activity during 2018/19 had been carried out in accordance with the Council policy and within legal limits; financing costs had been reduced during the year; and a saving of £0.661m had been achieved from the original Medium-Term Financial Plan.

RESOLVED – (a)  The outturn 2018/19 Prudential Indicators, as detailed within the submitted report and those in Appendix 1 to the submitted report, be noted.

(b)  That the Treasury Management Annual Report for 2018/19, as detailed in the submitted report, be noted.

(c)  That the report be forwarded to Council, in order for the 2018/19 Prudential Indicators to be noted.

REASONS – (a)  In order to comply with the Prudential Code for Capital Finance in Local Authorities.

(b)  To inform members of the Performance of the Treasury Management function.

(c)  To comply with the requirements of the Local Government Act 2003.

Release of capital for the Town Hall Toilet Refurbishment in Block D and essential remedial works to the Bridge Centre for Visual Arts, Hundens Lane.

The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Managing Director (previously circulated)seeking the release of funding allocated in the Capital Medium Term Financial Plan (MTFP) 2019/20 to 2022/23 to undertake Capitalised Repairs in corporate buildings.

The submitted report stated a total allocation of £250,000 was made in the Capital MTFP for capitalised repairs; Cabinet had already agreed to release £200,000 for essential remedial works; and requested the release of the remaining £50,000 for additional essential remedial works to progress.

RESOLVED – That the remaining £50,000 allocated in the Capital Medium Term Financial Plan for Capitalised Repairs, be released.

REASON - To safeguard the condition of the Council’s corporate buildings and to meet statutory and legal obligations.

The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Managing Director (previously circulated) informing Cabinet on the issues relevant to the use of the Regulation of Investigatory Powers Act (RIPA) 2000 and developments that had taken place since the last report to Cabinet in February 2019 (Minute C109/Feb/19 refers).

The submitted report stated that the RIPA 2000 enabled local authorities to carry out certain types of surveillance activity, as long as specified procedures were followed; detailed the RIPA directed surveillance applications and communications data applications, that had been authorised since the last report to Cabinet; and stated that the Investigatory Powers Act (IPA) 2016 had come into force on 11 June 2019, and that this was now the main legislation governing the acquisition of communications data.

RESOLVED – (a)  That the developments that have taken place since February 2019, as detailed in the submitted report, be noted.

(b)  That Cabinet continue to receive further reports on the Council’s use of the Regulation of Investigatory Powers Act 2000 and Investigatory Powers Act 2016 and other associated issues.

REASONS – (a)  In order to ensure that the Council complies with the legal obligations under RIPA, IPA and national guidance.

(b)  To help in giving transparency about the use of RIPA and IPA in this Council.

The Cabinet Member with the Community Safety Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) updating Cabinet on the development of the Public Space Protection Order (PSPO) which was implemented in Darlington Town Centre on 1 March 2019.

The submitted report stated that the update was provided in accordance with a direction made by Cabinet at its meeting held in February 2019, that a report would be provided, following a period of six months, to determine use and effectiveness of the PSPO in Darlington Town Centre; the PSPO provided the appropriate officers with powers to deal effectively with certain types of anti-social behaviour; following its implementation 48 warnings and ten fixed penalty notices had been issued; there had been a significant reduction in anti social behaviour; feedback had been positive; and that the PSPO had been used effectively, proportionately and had contributed to making Darlington a more attractive and safer place to live, work and visit.

RESOLVED – (a)  That the information contained in the submitted report, be noted, and the continued use of the Public Spaces Protection Order in Darlington Town Centre, be supported.

(b)  That a report be brought to Cabinet in six months and thereafter annually, to review the use of the Public Spaces Protection Order.

REASON - The PSPO is being used in a proportionate, justified and necessary manner and is having a positive effect on Darlington Town Centre.

To provide an update on the schemes and projects agreed by Cabinet to be being funded from the £50m investment fund.

The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Managing Director (previously circulated) updating Cabinet on progress against the agreed investments being funded through the Investment Fund.

The submitted report stated that the Council had established an investment fund, to be used for innovative investment opportunities, beyond the traditional Treasury Management Strategy, in order to achieve greater returns given the low returns on investment; returns on current joint ventures was anticipated to be over £4M; and that the fund was currently being used on eight schemes.

Particular reference was made at the meeting to the number of stall holders that were leaving the indoor market and the resultant vacant stalls.  The Cabinet Member with the Efficiency and Resources Portfolio responded thereon.

RESOLVED - That the use of the Investment Fund and the returns achieved through the joint venture vehicles, as detailed in the submitted report, be noted.

REASONS - To keep Cabinet informed of progress made on opportunities undertaken and investment returns.

The Cabinet Member with Efficiency and Resources Portfolio introduced the report of the Managing Director, the Director of Children and Adults Services and the Director of Economic Growth and Neighbourhood Services (previously circulated) providing Members with an update of the outcome of cases which had been determined by the Local Government and Social Care Ombudsman (LGSCO) and the Housing Ombudsman (HO) since the preparation of the previous report to Cabinet on 11 December 2018 (Minute C86/Dec/18 refers).

The submitted report stated that during the second half of 2018/19 the Council received four upheld Maladministration Injustice decisions from the LGSCO, compared to one for the same period in 2017/18; three of the four upheld Maladministration Injustice decisions related to matters associated with the provision of adult social care services (two relating to financial assessments and one to a contracted care service); the upheld Maladministration Injustice decision related to children’s social care services; the most common complaints were policy and procedural issues relating to financial assessments; and that the Council had now implemented the LGSCO’s recommendations which should prevent a re-occurrence.

RESOLVED - That the contents of the report be noted.

REASONS – (a)  It is important that Members are aware of the outcome of complaints made to the LGSCO and the HO in respect of the Council’s activities. 

(b)  The contents of the report do not suggest that further action, other than detailed in the report, is required.

The Cabinet Member with Efficiency and Resources Portfolio introduced the report of the Managing Director, the Director of Children and Adults Services and the Director of Economic Growth and Neighbourhood Services (previously circulated) providing Cabinet with the 2018/19 Complaints, Compliments and Comments Annual Reports for Adult Social Care; Children’s Social Care; Corporate; Housing; and Public Health (all also previously circulated).

The submitted report stated that a total of 825 complaints had been received during 2018/19, a decrease from 871 complaints during 2017/18.

RESOLVED – (a)  That the content of the 2018/19 Complaints, Compliments and Comments Annual Reports for Adult Social Care; Children’s Social Care; Corporate; Housing; and Public Health, as appended to the submitted report, be noted.

(b)  That the further recommendations made in the Adult Social Care, Children Social Care, Corporate and Housing Complaints, Compliments and Comments Annual Reports, as detailed in the submitted report, be endorsed. 

REASONS – (a)  To make Cabinet aware of the number and nature of the complaints, compliments and comments received by the Council and the organisational learning that has taken place as a result.

(b)  To enable the Council to further improve its services as a result of the complaints, compliments and comments received and improve satisfaction with complaints handling.

To support young people in their transition from Year 6 primary school to Year 7/8 secondary school from some of the deprived Wards within the Borough

The Cabinet Member with the Children and Young People Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services and the Director of Children and Adults Services (previously circulated) requesting that consideration be given to committing the remaining budget of £208,000, secured from the capital receipts from Darlington Arts Centre and Eastbourne School, to deliver an inclusive cultural programme working with Darlington schools over three years, entitled the In2 Project.

The submitted report stated that the In2 Project would work with six schools and was informed by a successful pilot which ran from May to July 2019; the pilot worked with a cohort of pupils from Corporation Road Primary School and Longfield Academy; the project would encourage wellbeing and focus on the impact of arts and sports engagement in encouraging a successful transition from primary to secondary schools, which had been identified as a key issue in Darlington; the programme would be managed by this Council working with a variety of organisations and services with expertise of working with children; and stated that the evaluation of the impact on the children participating would continue throughout the programme.

A video of the In2 ten week pilot programme was shown at the meeting.

A member of the public in attendance at the meeting addressed Cabinet in respect of the funding for the project and the number of children that would be involved.  The Cabinet Member with the Children and Young People Portfolio responded thereon.

RESOLVED – (a)  That the allocation of the uncommitted capital receipts from the Darlington Arts Centre of £90,000 and Eastbourne School site of £118,000, be agreed, to support a three-year programme of activity, working with Darlington schools through art and sport to encourage wellbeing and a successful transition from primary to secondary school.

(b)  That Cabinet receive annual update reports throughout the three-year programme.

REASONS – (a)  Over the last decade there has been significant research which demonstrates the health and wellbeing benefits derived from engagement with the arts and sport, including the Arts and Culture in Health and Wellbeing and in the Criminal Justice System, research released by Arts Council England earlier this year, which makes a compelling argument for using the arts and physical activity as tools to tackle mental health and health and wellbeing challenges across the community.

(b)  The proposed three-year programme will focus on work with a small cohort of pupils in depth and seeks to support those children engaged through the transition from Year 6 to Year 8.  This focus has been informed by learning taken from the In2 pilot programme which ran from May to July 2019 and responds to longstanding challenges facing North East schools around the transition from primary to secondary, including scoring poorly on KS4 progress.

The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) requesting that consideration be given to the Schedule of Transactions and seeking approval of the terms negotiated.

RESOLVED - That the schedule, as detailed in the submitted report, be approved and the transactions be completed on the terms and conditions detailed therein.

REASON - Terms negotiated require approval by Cabinet before binding itself contractually to a transaction.

RESOLVED – That Councillor Mrs Culley be appointed Vice Chair of this Scrutiny Committee for the Municipal Year 2019/20.

The Chair of the Task and Finish Review Group submitted a report (previously circulated) updating Members on the work undertaken by a Task and Finish Group established to look at the proposed draft Local Plan 2016-36.

The submitted report stated that a Task and Finish Review Group was held with Members of this Scrutiny Committee to consider the draft Cabinet Report on the proposed draft Local Plan; that Members agreed to the recommendations contained within the draft report; and that these views would be fed back to Cabinet at its meeting on 9 July 2019.

Discussion ensued in respect of the planned access roads for the Skerningham development; a Member in attendance at the meeting questioned how critical the proposed road through Springfield Park was in terms of access to the development and stated that as this had not been modelled there was no evidence that the road was critical; and a member of the public highlighted the importance of Springfield Park to the community. Members queried the use of the existing road, Green Lane, which would minimise impact on the park and requested a formal response from the responsible Officer.

Concern was raised in respect of road classification, particularly in relation to Bishopton Lane which could be used to alleviate pressures on the roads; it was stated that this road was heavily used especially during peak times and that this was a C class road that was not recommended for an upgrade.

A member of the public in attendance at the meeting voiced their concern in respect of the number of access roads to Skerningham garden village and questioned the need for two developments with garden village status in Darlington. It was confirmed that the bidding system for garden village status was open to any developers who wished to apply.

RESOLVED – (a) That the recommendations from the Task and Finish Review Group be noted and agreed by this Scrutiny Committee and that Cabinet be advised of this decision.

(b) That Cabinet be advised of this Scrutiny Committee’s view that, as there was no modelled evidence to suggest the Springfield Park access road was critical, that this should be removed from the Plan and that paragraph 6.10.13 be removed from the Draft Local Plan.

The Head of Strategy, Performance and Communications submitted a report (previously circulated) providing Members with an update on performance against those key performance indicators within the remit of this Scrutiny Committee for the period 2018/19.

The submitted report provided performance information in line with an indicator set and Scrutiny Committee distribution agreed by Monitoring and Coordination Group on 4 June 2018, and subsequently by scrutiny committee chairs. The indicators were aligned with key priorities and the majority used to monitor the Corporate Plan 2017/21.

Members were advised that of the 39 indicators reported to this Scrutiny Committee 17 were reported annually, a further 21 reported quarterly, and one reported six monthly at Quarters 2 and 4.

It was reported that of the 25 indicators which had year-end targets, two of these did not have data available, 11 of these achieved year-end target and 12 did not achieve year-end target. Of the 14 indicators with no year-end targets, 11 of these did not have previous year’s data to compare with, six had exceeded outturn performance and five showed performance worse than outturn performance last year.

In relation to CUL 037 – Number of shows held at the Hippodrome and CUL 038 – Number of individual attendances at Hippodrome theatre shows, it was reported that although the end of year targets were not met, in terms of financial targets it had been a successful year. Members requested that the Hippodrome be referred to as its proper name Darlington Hippodrome.

CUL 065 – Number of physical visits to the library had continued to decline in 2018/19, Members queried as to whether this decline was due to perception of the library closing and if opening Cockerton Library full time would help to address the decline in visits. Members were informed that the decline was a national issue; there was a strong programme of events to increase footfall; discussions were ongoing in respect of library services; and an update would be provided to a future meeting of this Scrutiny Committee. Members made reference to the good work of the book club.

Members highlighted concern in respect of ECI 329 – average annual income - Darlington residents which had seen a decline. It was reported that this was a general trend reflected across the Tees Valley and was being monitored by the Tees Valley Combined Authority.

Discussion ensued in respect of the Town Centre strategy including the consideration of mixed use buildings in Skinnergate and Members highlighted the need to provide support to businesses in the town.

In relation to REG 308 – percentage of premises broadly compliant for food hygiene, Members raised concern regarding the prevalence of online food establishments and delivery services and queried how these were monitored. It was agreed that a presentation in respect of the work of the Environmental Health team be provided at a future meeting.

Members sought clarification in respect of target times for the removal of fly tips and it was agreed that target times would be shared with Members for information.

Members also sought clarification as to which of the underperforming performance indicators should be the main focus of this scrutiny committee and it was confirmed that work was being undertaken to include tolerance levels into the performance reporting and that this would provide context to Members when reviewing the performance indicators.

RESOLVED – That the submitted report be noted.

RESOLVED – That meetings of this Scrutiny Committee be held at 10.00am for the remainder of the 2019/20 Municipal Year.

RESOLVED – That Councillor Brian Jones be appointed Chair of this Scrutiny Committee for the Municipal Year 2019/20.

Submitted – The Minutes (previously circulated) of a meeting of this Scrutiny Committee held on 7 March 2019.

RESOLVED – That the Minutes of the meeting of this Scrutiny Committee held on 7 March 2019 be approved as a correct record.