Agenda and minutes

Apologies were received on behalf of Councillor T Devine.

To be apprised of any changes to the membership of the Committee in accordance with Council Procedure Rule 4.

In accordance with Council Procedure Rule 4, the Committee noted the termination of Councillor A Sutton and the appointment of Councillor J Witter for this meeting only, thereby giving effect to the wishes of the Political Groups.

The Committee also noted the following changes of Membership:

Councillor P O'Neill no longer a Member of the Committee.

Councillors J Finch and Mrs M Westley permanent Members of the Committee.

Note:  No other business is permitted unless, by reason of special circumstances, which shall be specified at the meeting, the Chairman is of the opinion that the item(s) should be considered as a matter of urgency.

There were no urgent items of business.

If a member requires advice on Declarations of Interest, he/she is advised to contact the Legal and Democratic Services Manager in advance of the meeting.  (For the assistance of members a checklist for use in considering their position on any particular item is included at the end of this agenda sheet.)

There were no declarations of interest.

In accordance with Overview and Scrutiny Committee Procedure Rule 16, Members must declare the existence of any Party Whip, and the nature of it, when considering any matter in the following categories:

-       The review of any decision of the Cabinet or

-       The performance of any Member of the Cabinet

N.B. The Secretary of State believes whipping is incompatible with Overview and Scrutiny.

There were no declarations of Party Whip.

To receive as a correct record the Minutes of the meeting held on 13 January 2022.

RESOLVED: That the Minutes of the meeting held on 13 January 2022 be received as a correct record and signed by the Chairman.

Residents of West Lancashire on giving notice, may address the meeting to make representations on any item on the agenda except where the public and press are to be excluded during consideration of the item.  The deadline for submissions is 10.00am on Friday 18 February 2022.  A copy of the public speaking protocol and form to be completed is attached.

There were no items under this heading.

To scrutinise the Minutes of Cabinet held on 25 January 2022.

Consideration was given to the Minutes of Cabinet held on 25 January 2022 as contained on pages 1493 to 1499 of the Book of Reports.

RESOLVED: That the Minutes of Cabinet held on 25 January 2022 be noted, subject to Minute 71 - Barns Road Allotments & Associated Land (Transfer), to correct the misspelling of 'Barns' to Barnes.

To consider the report of the Corporate Director of Place and Community.

Consideration was given to the report of the Corporate Director of Place and Community as contained on pages 1501 to 1531 of the Book of Reports, which was to consider an updated Local Development Scheme for West Lancashire,

reflecting changes in the timetable for preparing the Local Plan, and the inclusion of two additional planning policy documents in the Local Development Scheme.

The Chairman introduced and welcomed Simon Kirby, Interim Head of Wellbeing and Leisure Services to the meeting.

The Senior Planning Officer responded to points raised by Members.

He explained that the March 2022 LDS also includes two additional elements that were not included in the September 2021 LDS. The first of these is a new Supplementary Planning Document (SPD) on a joint Recreation Mitigation Strategy for West Lancashire and the Liverpool City Region which is being prepared jointly with the six Liverpool City Region Councils and the Liverpool City Region Combined Authority.  The second was a Review of the Community Infrastructure Levy (CIL) Charging Schedule.

He explained that certain Local Plan policies were out of date, and therefore a need for the new Local Plan to proceed at present, he informed that paragraph 33 of the National Planning Policy Framework is relevant in respect of this.  He informed that if there are delays, special measures could be taken and informed that other Local Authorities were likely to be in a similar position.

He advised that the Local Plan timetable will be reviewed again once the team is fully staffed and, if possible, a revised timetable proposed. 

Comments and questions were raised in respect of the following:

·         Concerns with staffing resources within Planning Policy

·         Concerns in respect of consideration / publication of the HEDNA

·         Concerns with timescales / resources to deliver

·         A view was expressed that the proposed Local Development Scheme should not be endorsed

·         Proposals in the Government's Planning for the Future White Paper (August 2020) / Implications of this on the Local Plan

·         Review every five years - legal requirement for all Local Plans

·         Housing supply in current Local Plan/ housing targets

RESOLVED: That the content of the report be noted and that the following agreed comments of Executive Overview & Scrutiny Committee be submitted to Cabinet on 8 March 2022:

1.    There are significant concerns in respect of resource levels of the Planning Policy Team.  This includes concern that one position in the new structure is advertised as 'temporary'.

2.    There is concern that the proposed new Local Plan timescale is difficult to achieve.

3.    That the Local Plan Cabinet Working Group should not consider changes/approval of the HEDNA by e-mail and that a further meeting be held to consider this.

4.    That the request that further and more frequent meetings of the Local Plan Cabinet Working Group take place is reiterated

5.    That the Local Plan Cabinet Working Group be provided with an update on the 2019 PAS report outlining policies on the current Local Plan that are outdated.

To consider the report of the Corporate Director of Place and Community.

Consideration was given to the report of the Corporate Director of Place and Community as contained on pages 1533 to 1538 of the Book of Reports, which was to seek approval for officers to commence work on a review of the Community Infrastructure Levy (CIL) Charging Schedule.

The Senior Planner and Section 106/CIL Officer outlined the report and explained that CIL was adopted in 2014 and informed that the Council has collected almost £15 million of CIL monies from new developments across the Borough.

She explained that an 'in principle' review of the CIL Charging Schedule is sought, to ensure it can be appropriately considered and viability tested against emerging Local Plan policies and growth / infrastructure requirements as the new Plan takes shape.

She explained that with the preparation of a new Local Plan, this provides an appropriate and timely opportunity to review the CIL Charging Schedule. The timing of the CIL Charging Schedule review, in particular the timing of the Examination will need to be determined in future once resources are confirmed at the time.

Comments and questions were raised in respect of the following:

·         Is it necessary to have approval now?

·         Viability evidence – consider and incorporate all other policy requirements

·         CIL Officer post vacant / resource issues

·         25% CIL from Burscough goes to Town Council – what rules apply on how to spend that (Councillor Pope thanked the Senior Planner and Section 106/CIL Officer for her work with Burscough Town Council)

The Chairman and Members of the Committee thanked the Senior Planner and Section 106/CIL Officer in recognition of all her work and huge input in respect of this and wished her well for the future.

RESOLVED: That the Committee note and support the report and that the report be passed to Cabinet for their consideration.

To consider the report of the Head of Finance, Procurement & Commercial Services.

Consideration was given to the report of the Head of Finance, Procurement and Commercial Services as contained on pages 1539 to 1606 of the Book of Reports, which set out details of the operation of the Risk Management Framework over the last twelve months; recommended changes to the current Risk Management Policy & Toolkit and sets out details on the key risks facing the Council and how they are being managed.

The Risk and Insurance Officer outlined the annual report which highlights the positive improvements to risk management that have been made over the last 12 months and further areas for development over the next 12 months.  She explained that the new policy has been renamed 'policy and strategy' as it now included a detailed strategy of how risk management can be further embedded. 

She also explained that there were two new risks added to the key risk report: External Funding Uncertainty and, Recruitment and Retention of Key Staff.

Comments and questions were raised in respect of the following:

·         It would be beneficial to receive a 'tracked change' version of document for future

·         Typographical / contact amendments to be updated

·         Growth and Development Services – delays in preparation of new Local Plan

·         Tawd Valley Developments – revision of risk score

·         Concern in respect of the retention and loss of staff / senior staff

·         Political balance / delivery challenges

·         The Committee are pleased with progress of risk management in the Council

RESOLVED:

A.   That the continuing effective operation of the Risk Management Framework as detailed in the Annual Report 2021 (Appendix A) be noted.

B.   That the proposed amendments to the Risk Management Policy & Strategy (Appendix B) and Toolkit (Appendix C) be considered and noted.

C.   That the progress made in relation to the management of the risks shown in the Key Risk Register (Appendix D) be considered and noted.

D.   That the following agreed comments of Executive Overview and Scrutiny Committee be considered by Cabinet on 8 March 2022:

1.    That the risk owner look again at the ratings of the following key risk areas as contained in the Key Risk Report at Appendix D:

a)    Growth and Development Services – delays in preparation of new Local Plan.

b)    Failure for Tawd Valley Developments to deliver the Business Plan agreed by Council.

c)    Corporate and Customer Services– Recruitment and retention of key staff

To consider the report of the Corporate Director of Transformation and Resources.

Consideration was given to the report of the Corporate Director of Transformation and Resources as contained on pages 1607 to 1620 of the Book of Reports, which was to seek approval for the Corporate Performance Reporting for 2022/23.

The Partnership and Performance Officer outlined the report and explained that the targets for the KPI's have been set following consideration by services based on current expectations and are reported on a quarterly basis.

She outlined the following proposed changes:

· Remove: WL164: Savings within financial year (since no savings

requirement identified in the Medium-Term Financial Strategy)

· Remove NI191: Kerbside residual household waste per household (Kg)

(still to be monitored in-service; promotion but limited Council influence on

outturn)

· Replace: B1: Time taken to process Housing Benefit/Council Tax Support

new claims change events with B5: Time taken to process Housing Benefit

new claims and change events (CTS still to be monitored in-services, but

CTS timescales largely determined by UC process.

She explained that the PI, WL161- Affordable Housing units via Tawd Valley Developments target could not specifically be given a figure ahead of decisions of Council held on 23 February 2022.

She also informed that there were no changes proposed to Appendix B, 'Council Vision and Priorities'.

Comments and questions were raised in respect of the following:

·         Senior Management and Staff turnover

·         Covid / Impact on Leisure Centres

·         New Leisure Facilities data; demand for Services; trends local/National

·         To scrutinise individual performance figures for each Leisure Centre

·         Park and Countryside events such as the 'Green Fayre' may now take place due to lifting of restrictions; figures to be updated to reflect this

·         Potential for 'Park Runs' also to be included - Park and Countryside events

RESOLVED: That the Committee considered and noted the suite of Key Performance Indicators 2022/23 (Appendix A) and that the following agreed comments be passed to Cabinet on 8 March 2022 for their consideration:

1.    That the PI WL108 Average answered waiting time for callers to the Contact Centre (seconds), to change the proposed target for 2022/23 from 145 seconds to 60 seconds.

2.    That PI WL157a No. visits to Leisure Facilities proposed annual target 2022/23 be increased to reflect the new Government guidance in respect of Covid restrictions ending.

3.    That PI WL159 No. attending Parks and Countryside events, proposed annual target 2022/23 be increased to reflect the new Government guidance in respect of Covid restrictions ending and that major events may now take place.

4.    That a proposed new PI be formulated to reflect staff turnover/vacancy levels.

To consider the report of the Corporate Director of Transformation and Resources.

Consideration was given to the report of the Corporate Director of Transformation and Resources as contained on pages 1621 to 1651 of the Book of Reports, which presented the Equality, Diversity & Inclusion Strategy and the Equality Objectives for the period 2022 to 2026.

The Human Resources and Organisational Development Manager outlined the report and explained that as a Public Sector organisation, the Council has a public sector equality duty (PSED) in accordance with the requirements of the Equality Act 2010.  She informed that the Equality Objectives should be refreshed at least every four years and that a new Equality, Diversity & Inclusion Strategy has been developed.  Once adopted, the Equality Objectives will then form part of the Service Action Plans for the relevant Head of Service to be monitored and delivered.  She informed that progress against the objectives will be presented quarterly to CMT and Cabinet.

Comments and questions were raised in respect of the following:

·         Strengthening Older Persons Champion role/ emphasis and recognition of enabling access to services

·         Engaging and supporting young people

·         Council approach to Equality Impact Assessments

·         That the Strategy was an excellent document and a step change improvement from previous versions

RESOLVED: That the Equality, Diversity & Inclusion Strategy for the Council, and the Equality Objectives 2022-2026 be considered and noted and that the report be presented to Cabinet for their consideration.

To consider the report of the Head of Leisure and Wellbeing.

Consideration was given to the report of the Interim Head of Wellbeing and Leisure as contained on pages 1653 to 1657 of the Book of Reports, which was to consider proposals for an event in Coronation Park Ormskirk and Beacon on 2 June 2022 to celebrate Her Majesty's Platinum Jubilee with additional related activities Borough wide.

The Interim Head of Wellbeing and Leisure Services outlined the report which detailed the importance of celebrating the Platinum Jubilee, which provides an opportunity for communities and people throughout the United Kingdom to come together to celebrate this historic milestone.  He informed that details are currently in the early stages of development and that Officers are engaging with and providing support for our local communities.  He informed that interest had been received from some partner organisations who are keen to support activities and gave some examples of these, including a tea dance, dance schools and the possibility of a large outdoor screen at the Beacon showing relevant footage relating to the Jubilee.

Comments and questions were raised in respect of the following:

·         Engagement with CSP/Partners

·         Engagement with Community/Schools/Parish Councils

·         'Queen's Green Canopy' Tree Planting Scheme

·         Lighting of the Beacon

·         Resources and funding opportunities

·         Catering

·         Wet weather contingencies

·         Event Planning Safety Group

·         Ideas welcomed (inform Simon Kirby, Interim Head of Wellbeing and Leisure Services and/or Jill Ryan, Senior Member Services Officer)

RESOLVED: That the Committee noted and gave their support to the Queen's Platinum Jubilee Celebrations report and that the report be passed to Cabinet for their consideration.