Decisions

Pursuant to Minute PA66/Feb/19, the Director of Economic Growth and Neighbourhood Services submitted a report (previously circulated) detailing breaches of planning regulations investigated by this Council, as at 6 March 2019.

RESOLVED - That the report be noted.

The Director of Economic Growth and Neighbourhood Services reported that :-

(a)    Mr Paul Gibson had appealed against this Authority’s decision to refuse permission for an application submitted under Section 73 of the Town and Country Planning Act 1990 (as amended) for the removal of conditions 2 (garages to be used incidental to the main dwelling) and 3 (living accommodation not to be occupied, let or otherwise disposed of as a separate dwelling) at The Annexe, Spa Wells, Low Dinsdale, Darlington, DL2 1PL. (18/01064/FUL).

(b)    Mr Jesbir Singh had appealed against this Authority’s decision to refuse permission for Variation of condition 7 (Opening Hours) of planning permission 14/00563/FUL allowed on appeal APP/N1350/A/14/2228133 dated 23 January 2015 (Change of use from shop (Use Class A1) to hot food takeaway (A5) and external alterations) to permit opening hours from 11.30 - 22.00 Friday and Saturday and 12.00 - 21.00 on Sundays and Bank Holidays, at 15 Belvedere Road, Darlington, DL1 5EP. (18/00376/FUL).

(c)    Mr Marcus Nimmo had appealed against this Authority’s decision to refuse permission for the Erection of detached garage at Creebeck House, Roundhill Road, Hurworth Moor, Darlington, DL2 1QD. (18/00765/FUL).

RESOLVED - That the report be received.

The Director of Economic Growth and Neighbourhood Services reported that, Inspectors, appointed by the Secretary of State for the Environment, have dismissed the appeal by Mr J Singh against this Authority’s decision to refuse permission for a change of use of ground floor of dwelling house (Use Class C3) to local convenience store (Use Class A1) with living accommodation above and erection of single storey rear extension to form part of shop and associated internal and external alterations (Revised scheme) at 201 Greenbank Road, Darlington, DL3 6EY (Ref: 18/00672/FUL)

(Copy of Inspector’s decision letter enclosed)

RESOLVED - That the report be received.

The Director of Economic Growth and Neighbourhood Services reported that the Inspectors appointed by the Secretary of State for the Environment had :-

(i)  dismissed the appeal by Mr Allan Mitchell of Specialist Coatings Ltd against this Authority’s decision to refuse permission for variation of condition 11 (Access) attached to planning permission 17/00582/FUL dated 23 October, 2017 (Conversion of Nunnery and Chapel into 10 dwellings and retention of existing gatehouse as a private dwelling with associated internal and external alterations.  Demolition of ground floor lean to building, widen existing driveway to create new vehicular access off Carmel Road North, erection of timber stables, creation of parking areas, horse arena, 3G football pitch (for private use) and associated landscaping works) to permit vehicular and pedestrian access to and from the site onto Cardinal Gardens for the sole use from primary property (Dwelling No. 1) and for the erection of 2 No. brick piers and electronic solid timber gates at St Clare’s Abbey, Carmel Road North, Darlington (Ref. No. 18/00241/FUL); and

(ii)  dismissed the appeal by Mr Ward against this Authority’s non-determination for outline planning permission for residential development of up to 14 dwellings with all matters reserved apart from access (resubmission) (additional and amended information received 31 May 2018) at Field at OSGR E424996 N514158, Low Coniscliffe, Darlington (Ref. No 18/00023/OUT) (copy of Inspectors decision letter enclosed).

RESOLVED – That the report be received.

Field at OSGR E435307 N513463 Yarm Road Middleton St George Darlington.  Outline planning application for the erection of up to 330 residential dwellings with associated landscaping and engineering works, 3 retail units and provision of a new single form Primary School.

That upon satisfactory completion and signing of a Section 106 agreement, planning permission be granted.

Land adjacent Oak Tree Pub off Yarm Road Middleton St George, Darlington.  Erect 12 dwellings and access roads and other infrastructure. Variation of condition 3 (approved plans) attached to planning permission 18/00591/FUL to permit the substitution of house types and minor changes to the layout.

That, subject to the completion of a Deed of Variation of the Section 106 Agreement dated 21^st December 2018 and subject to the obligations contained therein, planning permission be granted.

Field At OSGR E425124 N514093, Gate Lane, Low Coniscliffe. Application submitted under Section 73 of the Town and Country Planning Act 1990 (as amended) for variation of condition 24 (Restriction of Permitted Development Rights); condition 35 (accordance with plans) and removal of condition 11 (visibility splays) of planning permission reference number 16/01231/FUL dated 22 February 2018 (residential development comprising of 37 No. detached dwellings (including seven affordable units) and associated access road, car parking and landscaping) to permit the substitution of house types and revisions to the layout, open space, vehicular access arrangements and landscaping scheme (amended plan received 14 February 2019).

That, to enable further clarification to be soughton the land ownership issues, consideration of this application be deferred.

Mowden Hall, Staindrop Road, Darlington. Proposed residential development consisting of 30 residential units (Additional Geotechnical Report and Phase 1 Ground Investigation Report received 6 and 11 December 2018; amended and additional plans and information received 17 December 2018, 7 January 2019, 10 January 2019, 11 January 2019, 16 January 2019 and 17 January 2019).

That upon satisfactory completion and signing of a Section 106 agreement, planning permission be granted.

Submitted – A report (previously circulated) of the Director of Economic Growth and Neighbourhood Services which had been considered by Cabinet at its meeting held on 11 December, 2018, requesting that this Scrutiny Committee consider Cabinet’s proposals in relation to the revenue budget, rent level and service charges for the Council’s Housing Revenue Account (HRA) for the financial year 2019/20 in the context of the HRA Medium Term Financial Plan 2022/23 and the 30 year Business Plan.

It was reported that the proposals were in line with the Government’s requirements for all social landlords to implement an average weekly rent reduction each year for four years from 2016/17 of one per cent, which would give an average weekly rent for 2019/20 of £70.53.

Discussion also on the decision by the Government to lift the borrowing cap on the HRA and it was reported that, in 2019/20 alone, it would enable the Council to increase its housing capital programme by around £12 million.  This could be supplemented with the Homes England grant to provide more than 1000 much need Council homes at affordable rents over the next ten years.

The Assistant Director Housing and Building Services reported that over 180 households had already benefited from the Council’s current new build programme which had taken place at various locations across the Town and demand for these houses had been exceptionally high.

RESOLVED – That the report be received.

The Chair of the Review Group submitted a report (previously circulated) together with the Final Report (also previously circulated) of the Autism Task and Finish Review Group.

The submitted report outlined the background to the establishment of the Review Group to look at the support and advice service available in Darlington for adults with autism and it was reported that the review group had met on a number of occasions during the course of its review and a number of issues had been discussed and considered.

RESOLVED - That the recommendations contained within the final report be agreed and forwarded to Cabinet for approval.

The Director of Economic Growth and Neighbourhood Services submitted a report (previously circulated) outlining the work being undertaken by the Council in relation to the Syrian Refugees and the Asylum Seeker Project operated by G4S.

It was reported that the Syrian refugee project had been established in 2016 as a result of the Syrian conflict and the Council had agreed to accept and support ten families initially, however this had now increased to 14 to enable families to be reunited, with 54 individuals now being supported through the programme and that, overall, the project had gone well with all the families integrating well into their locality and communities.

The submitted report also outlined the current position in relation to another 92 asylum seekers being supported in Darlington through the Governments contract with G4S and it was reported that, although the Council was not directly involved in this project and only privately rented properties were used to house the individuals, the housing service was becoming involved in offering support and advice.  Where possible, these individuals were signposted back to G4S, however, it was placing an additional pressure on services and an additional Support Volunteer had been employed on a temporary basis to cope with the increased demand and to liaise more closely with G4S and its clients.

RESOLVED – That the report be received.

The Director of Economic Growth and Neighbourhood Services submitted a report (previously circulated) advising Members of the work being undertaken to develop a new Preventing Homelessness Strategy to cover the period 2019-24, which was being developed taking into account the changes that had been introduced through the Homelessness Reduction Act 2017.

It was reported that the Strategy focussed on five key areas which reflected the current national and local policy context of prevention by intervening at an earlier stage and ensuring that there were the right types and levels of housing and support available to reduce the risk of homelessness.  This was an area which was included in the Council’s current strategy and would continue a path that the Council had already adopted with positive results.

The Assistant Director, Housing and Building Services reported that there had been an increase of 94 applicants approaching the Council for assistance between 2016/17 and 2017/18, however the numbers going on to make a homelessness application had reduced and this was attributed to the success of the preventative work undertaken once an applicant had approached the Council for assistance.

Discussion ensued on the number of programmes to ensure that no-one in Darlington needed to sleep rough, including programmes that intervened at an early stage to avoid the crisis of losing a home.

Reference was made to a recent rough sleeper count which found only three people were sleeping rough in Darlington, all of whom refused assistance when approached and it was reported that support would continue to be available to them.

Members expressed concern that begging in the Town Centre was association with homelessness, and were advised that this was not the case.  The Council’s Housing Options Service ensured that anyone who was found to be begging was approached to see what assistance could be given to them and they had found that virtually all those begging in the Town had a home and work was on-going to address the begging issued through a multi-agency approach.

RESOLVED – That the update be noted and that the full draft Strategy be submitted to the next ordinary meeting of this Scrutiny Committee scheduled for 12 March 2019.

The Managing Director submitted a report (previously circulated) together with information on the Quarter 2 performance against those key performance indicators for 2018/19 which were within the remit of this Scrutiny Committee.

RESOLVED – That the report be received.

A representative of the Care Quality Commission, the Independent regulator of health and adult social care in England, gave us a presentation on the purpose and role of that organisation in making sure that health and social care services in England provided people with safe, effective and compassionate, high quality care. 

The presentation covered the Commission’s role in monitoring, inspecting and regulating services to make sure they meet fundamental standards of quality and safety and it was reported that its findings, including performance ratings which help people to choose their care, were published.  Where poor care was identified, it uses its powers to take action against those responsible

It was reported that the service regulates care homes, hospitals, domiciliary care, doctors/GP’s dentists, clinics, community services and mental health services and there were eight inspectors working across the Darlington, Durham and Hartlepool local authority areas. 

Discussion ensued on the Inspection regime and how often inspections were undertaken; work with partners and the public to collate information about service providers and the position in relation to the inspection regime of domiciliary service providers.

RESOLVED – That the presentation be noted and the thanks of this Scrutiny Committee be extended to the CQC representative for attending the meeting.

The Director of Economic Growth and Neighbourhood Services submitted a report (previously circulated) outlining the arrangements in place to review the way in which the Council engaged with its tenants, in accordance with statutory requirements.

It was reported that the Government’s Housing Green Paper which had been published in the Summer had largely focussed on the future role of tenant involvement in the light of the Grenfell Tower Fire, particularly in relation to health and safety and service provision and that this would be taken into account in the review alongside the need for increased use of digital means of engagement as a form of communication.

Reference was made to the way in which the Council currently engages with its tenants through a number of formal panels which were made up of volunteers, however, it was reported that this was becoming increasingly difficult to recruit to the Panel and further work would be undertaken with the Tenant’s Customer and Scrutiny Panels to develop options for how we engage with tenants in the future.

RESOLVED – That the final recommendation from the review be submitted to a joint meeting of this Scrutiny Committee and the Tenants Panel representatives scheduled to be held on 12 March, 2018.

The Managing Director submitted a report (previously circulated) together with information on the Quarter 2 performance against those key performance indicators for 2018/19 which were within the remit of the Scrutiny Committee.

Particular reference was made to the performance information in relation to sickness absence figures within the Authority which were on track at the end of quarter 2 to achieve the year-end target and discussion ensued on the proactive work undertaken by the Human Resources Division in relation to this and the various health and well-being initiatives in place.

RESOLVED – That the report be received.                                               

The Director of Economic Growth and Neighbourhood Services submitted a report (previously circulated) providing an overview of the Council’s Council Tax recovery process and collection performance.

It was reported that the collection of Council Tax, which was a key priority for the Council, had been particularly challenging over the last few years with the difficult economic climate and the introduction of the Council Tax Support Scheme in 2013, however, overall collection performance was good and the collection of arrears was well managed, with dedicated recovery staff actively pursuing the higher debts and those who deliberately avoided paying.

Discussion ensued on the collection of Council tax for those in receipt of support and it was reported that this was generally successful, with in-year collection for these people being around 80 per cent; the income received from Council Tax; and the continual process to chase historic arrears, taking into account the likelihood of recovery in the most economical way, with the resources available.

RESOLVED – That the report be received.

Submitted – A report (previously circulated) of the Chief Officers Executive which had been considered by Cabinet at its meeting held on 11 December 2018, in relation to the Medium-Term Financial Plan (MTFP) 2019-20 to 2022-23 and proposing a 2019/20 to 2022/23 capital programme for consultation.

It was reported that the delivery of the core offer which was agreed in 2016 remained extremely challenging with some significant pressures arising in children’s social care, however, through innovative financial investments and increased income from economic growth, the Council could still deliver the agreed balanced plan, extend the MTFP and a further £0.600 million had also been identified which could be used to bolster the Futures Fund themes or be returned to reserves.

Discussion ensued on the significant work which had been undertaken through the Adult Social Services transformation project to ensure people received the right level of care and were able to stay in their homes longer, which had reduced the reliance on residential care placements and subsequent savings exceed the estimated target for that area.

Reference was also made to the winter pressures funding of 0.501 million which had also been received for adults in 2018/19 and 2019/20, and it was reported that how this funding was utilised must be agreed in a plan with the NHS.

The submitted report outlined a number of risk pressures which had been identified, however, it was not clear at this stage whether they would definitely come to fruition and the Assistant Director Resources reported that if they did, they would be of significant value and, given the potential impact, it had been considered prudent to recognise they in the budget and, following a review of those risks, it had been recommended that a prudent level would be to include 60 per cent of the total value of the risk contingency line.

RESOLVED - That this Scrutiny Committee has no comment to make on the proposed schedule of fees and charges for those services within its remit and supports Cabinet’s proposal in relation to those fees and charges and the proposed Council Tax increase of 2.99 per cent for the next financial year.

Submitted – A report (previously circulated) of the Chief Officers Executive which had been considered by Cabinet at its meeting held on 11 December 2018, in relation to the Medium-Term Financial Plan (MTFP) 2019-20 to 2022-23 and proposing a 2019/20 to 2022/23 capital programme for consultation.

It was reported that the delivery of the core offer which was agreed in 2016 remained extremely challenging with some significant pressures arising in children’s social care, however, through innovative financial investments and increased income from economic growth, the Council could still deliver the agreed balanced plan and extend the MTFP.  A further £0.600 million had also been identified which could be used to bolster the Futures Fund themes or be returned to reserves.

Particular reference was made to a number of risk pressures which had been identified, however, it was reported that it was not clear at this stage whether they would definitely come to fruition.  The Assistant Director Resources advised us that, given the potential impact if they did, it had been considered prudent to recognise them in the budget and, following a review of the risks, it had been recommended that a prudent level would be to include 60 per cent of the total value in the risk contingency line.

Discussion ensued on the savings which had been achieved in Adult Social Care; the current position in relation to school transport which was currently overspending and which was subject to a review with the aim of reducing the current projected overspend; the use of reserves to balance the MTFP; and the risk contingency going forward.

RESOLVED – (a)  That Members notify Officers of specific areas they would like to look at further within the MTFP and a further special meeting be arranged if necessary.

(b)  That a meeting of this Scrutiny Committee be held, prior to Cabinet on 12February, 2019, to formulate a response on behalf of all Scrutiny Committees to Cabinet on its proposals in relation to the MTFP.

Submitted – A report (previously circulated) of the Chief Officers Executive which had been considered by Cabinet at its meeting held on 11 December 2018, in relation to the Medium-Term Financial Plan (MTFP) 2019-20 to 2022-23 and proposing a 2019/20 to 2022/23 capital programme for consultation.

It was reported that the delivery of the core offer which was agreed in 2016 remained extremely challenging with some significant pressures arising in children’s social care, however, through innovative financial investments and increased income from economic growth, the Council could still deliver the agreed balanced plan and extend the MTFP.  A further £0.600 million had also been identified which could be used to bolster the Futures Fund themes or be returned to reserves.

It was noted that the Council had allocated £4.1 million to the futures fund in 2018/19, £2.5 million of which was allocated between the five community themes. To date £1.063 million had been committed to the futures fund themes with a balance of £1.437 million remaining.

Discussion ensued on the significant work which had been undertaken to achieve economic growth within the Borough, particularly in relation to Symmetry Park, which had been rewarded with a positive net increase in the projected National Non-Domestic Rates (NNDR) collected over the coming MTFP. 

It was reported that there were no proposed reductions in service levels within the 2019/20 MTFP and that fees and charges had been reviewed and increased where appropriate.

Members noted the additional monies identified for winter pressures amounting to £501,000 this year and for next year to be divided between residential and domiciliary care and to be agreed with our NHS colleagues.

Members also noted the significant pressures arising in Children’s social care and the demand pressures on external residential placements and independent fostering placements in Children’s Services and additional one off finance to be used to offset some of the pressure on Children and Adult social care.

RESOLVED - That this Scrutiny Committee has no comment to make on the proposed schedule of fees and charges for those services within its remit and supports Cabinet’s proposal in relation to those fees and charges and the proposed Council Tax increase of 2.99 per cent for the next financial year.