Meeting documents

Cabinet
Tuesday, 20 December 2005

CA201205

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________________________________

To Members of the Cabinet

Notice of a Meeting of the Cabinet

Tuesday 20 December 2005 at 2.00 pm

County Hall, Oxford


Derek Bishop
Head of Democratic Services

Contact officer: Kath Coldwell (Tel: 01865 815902; E-mail)

Membership

Councillors

 

 

Keith R Mitchell

-

Leader of the Council

David Robertson

-

Deputy Leader of the Council

Jim Couchman

-

Cabinet Member for Policy Coordination

C.H. Shouler

-

Cabinet Member for Finance

John Howell

-

Cabinet Member for Change Management

David Robertson

-

Cabinet Member for Transport

Roger Belson

-

Cabinet Member for Sustainable Development

Louise Chapman

-

Cabinet Member for Children & Young People

Michael Waine

-

Cabinet Member for Schools Improvement

Don Seale

-

Cabinet Member for Health & Community Services

Ray Jelf

-

Cabinet Member for Community Safety

Decisions taken at the meeting will become effective at the end of the working day on 30 December 2005 unless called in by that date for review by the appropriate Scrutiny Committee.

Copies of this Notice, Agenda and supporting papers are circulated to all Members of the County Council.

If you have any special requirements (such as a large print version of these papers or special access facilities) please contact the officer named on the front page, but please give as much notice as possible before the meeting


AGENDA

  1. Apologies for Absence

  2. Declarations of Interestsee guidance note

  3. Minutes
  4. To confirm the minutes of the meeting held on 6 December 2005 (CA3) and to receive for information any matters arising therefrom.

  5. Petitions and Public Address

  6. Financial Monitoring

Cabinet Member: Finance
Forward Plan Ref: 2005/132
Contact: Sadie Slater, Financial Manager, Mike Petty, Principal Financial Manager (01865 815989/815622)

Report by Head of Finance & Procurement (CA5).

This report covers the period up to the end of October 2005 for both revenue and capital.

The consolidated forecast position to date shows a balance of £10.686m. This is an increase of £0.865m since the last report, which is primarily the result of a reduction of £0.715m in the forecast Directorate overspend.

Action Plans are in place for Directorate overspends which have arisen in year and it is anticipated that the forecast overspend will reduce before the year-end as a result of management actions identified by these plans.

The detail for each Directorate is summarised within the report and individual reports for each Directorate are in the Members’ Resource Centre.

The Cabinet is RECOMMENDED to:

          1. note the report;
          2. agree to increase the level of salary and health and safety recharges to the capital programme as described at paragraph 40;
          3. agree to make a loan of £0.300m to the Oxford Preservation Trust, as discussed at paragraph 45;
          4. give authority to the Head of Finance & Procurement to act on the Council’s behalf in regard to the investments of the Walter Biggs Trust;
          5. approve the adjustments to the capital programme as shown at paragraph 58;
          6. agree that an additional two loans under the Affordable Housing public service agreement be made at a cost of £0.090m.
  1. Revenue Budget and Capital Programme 2006/07 - 2010/11
  2. Cabinet Member: Finance
    Forward Plan Ref: 2005/149
    Contact: Lorna Baxter, Mike Petty, Principal Financial Planning Managers (01865 816087/815622)

    Report by Director for Resources and Chief Executive (CA6).

    (CA6 - download as .doc file)
    (CA6 - Annex 1 - download as .xls file)

    (CA6 - Annex 2 - download as .xls file)
    (CA6 - Annex 3 - download as .xls file)
    (CA6 - Annex 4 - download as .xls file)
    (CA6 - Annex 5 - download as .xls file)

    (CA6 - Supplement - download a .doc file)

    This report is the third in a series informing members on the service and financial planning process and issues for 2006/07 and the medium term. The report sets out the latest information on the Council’s financial position, provides an update on CCMT’s budget management proposals for 2006/07 and outlines areas of uncertainty.

    The Provisional Local Government Finance settlement was announced on 5 December. At the time of writing this report much of the information required to understand the full implications of the settlement was outstanding, therefore these are not covered in the main report. An addendum will be issued for the meeting once all of the details are known which will include effects of specific grants.

    There have been a number of changes this year making this the most complicated settlement since the introduction of the Council Tax in 1993. These changes relate to the implementation of the Dedicated Schools Grant, the introduction of a new grant system, changes in Formula Spending Share and the announcement of figures relating to more than one year.

    The Cabinet is RECOMMENDED, subject to consideration of the further information on the funding implications of the provisional local government settlement to be circulated for the meeting, to note the report.

  3. Review of Property Assets

Cabinet Member: Finance
Forward Plan Ref: 2005/163
Contact: Mark Tailby, Team Leader Strategic Asset Management (01865 816012)

Report by Head of Property (CA7).

This report provides information on progress with the Review of Property Assets – Office Reorganisation Proposals and Central Offices Project. Two options for progressing the projects are identified and the implications of delays in implementation are considered. The two options are:

    1. to progress the review now, based on the proposals previously agreed by the Cabinet (as outlined in the report); or

    2. to delay progression of the review until the implications of the realignment of Adult’s and Children’s services and Shared Service Centre are clear.

If the review is progressed under Option 1, the implementation of the main consolidations of office would be from Autumn 2006. However, there is a risk that the provision would not match the need once the realignment and Shared Service Centre implications are clear. If the review is progressed under option 2 there would be at least a 6 month delay in the implementation of the major consolidations of offices - to commencement in mid 2007. This is the recommended option.

Due to the level of uncertainty relating to the pattern of office provision needed, it has not been possible to prepare a full financial appraisal. For the same reasons it has not been possible to prepare a more detailed business case for the investment necessary into the Cricket Road Centre in East Oxford. However, at this stage it appears that a capital investment will be required to complete the implementation of the Review.

The Cabinet is RECOMMENDED to:

          1. agree the revised timetable set out in the report as Option 2 for implementation of the Review of Property Assets Office and Central Offices Projects; and
          2. note that there is likely to be a need for capital funding for implementation of the Review of Property Assets and request that the Capital Steering Group consider this in relation to other capital priorities.
  1. Children & Young People’s Plan: Resource Implications
  2. Cabinet Member: Children & Young People
    Forward Plan Ref: 2005/188
    Contact: Gillian Tee, Head of Children and Young People’s Services (01865 815125)

    Report by Director for Learning & Culture (CA8).

    The Cabinet on 18 October 2005 approved the draft Children & Young People’s Plan for wide consultation. The Cabinet asked officers to report back on the financial implications of the Plan and how they could be met, in the first instance from existing directorate budgets or otherwise through the budget bidding process.

    In general terms, it is intended that most of the actions in the Plan will be implemented within existing resources. There is much that can be achieved by realigning services, enabling staff to work together more efficiently and effectively and shifting the balance of our resources into prevention, early intervention and direct support for children and families.

    There are some areas, however, where it is clear that additional investment is needed in order to deliver the improvements in outcomes for children and young people detailed in the Children & Young People’s Plan. These include children’s social care, an integrated ICT system, the youth service, locality teams and means of engaging children and young people.

    Additional funding for Children’s Social Care has been allocated in the list of non-discretionary pressures in the current budget setting process. The other items have been included in the Council’s Corporate and Cross Directorate Choice Options.

    The Cabinet is RECOMMENDED to note the resource implications of the Children & Young People’s Plan and that these are included in the Corporate and Cross-Directorate Policy Choice Options under consideration in the current budget process.

  3. Delegation of Statementing Budget

Cabinet Member: Schools Improvement
Forward Plan Ref: 2005/182
Contact: Simon Adams, Senior Education Officer (SEN) (01865 810602)

Report by Director for Learning & Culture (CA9).

On 20 September 2005 the Cabinet authorised officers to carry out a formal consultation with schools on proposals to delegate the statementing budget (a centrally held budget for supporting children in mainstream schools with Statements of Special Educational Needs). The report describes the consultation process, results, and implications if the scheme were to be approved. It also makes recommendations about implementation. The Cabinet is being asked to agree proposals to delegate a significant amount of the statementing budget.

The consultation process also gave schools an opportunity to consider the ‘additional funding’ allocated to some schools and partnerships. A large number of schools felt unable to respond and requested more discussion and information. It is recognised that further work with schools needs to take place before any recommendations can be made on this aspect of the consultation.

The Cabinet is RECOMMENDED to agree to:

          1. the introduction of a scheme of delegation from April 2006 using the SEN Index formula, on the following basis:
            1. all of the statementing budget for secondary schools should be delegated;
            2. for primary schools, funding equivalent to the first 15 hours of provision should be delegated;
            3. introduction should be phased over two years.
            4. exceptional arrangements should be made for the hundred primary schools with the smallest whole school budgets and other exceptional circumstances, on a basis agreed by the Director for Children, Young People & Families;
            5. a contingency fund should be retained for exceptional arrangements, ring-fenced within the school’s block so that any surplus is re-distributed to schools at the end of the year;

          2. the Director for Children, Young People & Families be asked to:
            1. review the implementation within the first year for consideration by the Schools Forum and Cabinet;
            2. produce a full review of the scheme within the first two years, in time for any changes to be made for April 2008;
            3. report to the Cabinet in Summer 2007 on the use of "additional funding" and any proposals for its redistribution from 2008.

  1. Home to School and College Transport

Cabinet Member: Schools Improvement
Forward Plan Ref: 2005/194
Contact: Sandra Bingham, Senior Education Officer - Access and Social Inclusion (01865 816217)

Report by Director for Learning & Culture (CA10).

The County Council provides either free or subsidised transport to over 12,000 young people travelling to school or college. The policy reflects statutory requirements, which are set out in the 1996 Education Act and the 2002 Education Act.

The budget for home to school transport for 2005/06 is £14,197,000 but as at November 2005 the projected total overspend is £590,000. However, the Cabinet has already approved a virement request of £370,000 from other Special Educational Needs (SEN) services to meet the SEN/Post16 transport overspend, thereby reducing the overspend overall to £220,000.

This report sets out the reasons for the projected overspend and reports back on the management actions that have already been taken over the last year to address some of the budget pressures, including a rise in the concessionary fares. The report also identifies options where some of the non-statutory elements of the transport policy may result in savings. However, any changes to policy will need to be phased in, given that parental decisions about choice of school will have been made on the basis of the current policy.

The Cabinet is RECOMMENDED to:

          1. ask officers to consult on a revised transport policy, including the following changes to current practice, and to bring a report back to the Cabinet:
            1. the phased ending of transport to faith schools and/or continuing to provide transport to faith schools but charging for seats on the same terms as those set out in the concessionary scheme;
            2. the phased ending of free travel for non-Oxfordshire residents to Chiltern Edge School;
            3. the introduction of charging for post16 SEN students;
            4. using free school meals and maximum working tax credit as the reasons for exemptions to the concessionary charge for transport.

          2. include as part of the annual consultation on admissions arrangements a review of the designated areas of those secondary schools which have areas that overlap the county boundary, with a view to realigning them with the Oxfordshire boundary;
          3. endorse the establishment of an integrated Transport Management Team in the Children, Young People & Families Directorate by April 2006 as an interim step towards the longer term strategy of developing a centrally managed team for all of the Council’s funded transport arrangements.
  1. Refurbishment of Jointly Used Sports Centres in Cherwell District

Cabinet Member: Schools Improvement
Forward Plan Ref: 2005/195
Contact: Gerald Hales, Education Officer, Planning & Development (01865 816456)

The Director for Learning & Culture reports as follows:

Cherwell District Council is progressing a major project to refurbish and improve the Bicester & Ploughley and Kidlington & Gosford Sports Centres and to rebuild the Spiceball Park Sports Centre. These jointly used centres provide the sports halls for Bicester Community College and Gosford Hill secondary schools and swimming provision for Banbury schools. The overall package is currently estimated to cost £17–18 m. The District Council has requested a contribution of £1,567,500 (inflation proofed) and land from the County Council. This is in respect of the increased educational benefit from the rebuilt and improved Spiceball pools, the traffic management works at Bicester and the replacement of the sports hall and major work to the swimming pool at Kidlington, the old part of which is owned by the County Council.

A Detailed Project Appraisal is attached (CA11) which traces the history of joint investment in these centres, describes the works currently proposed, the method of procurement and the benefits expected from the proposals. The age, suitability and condition of these buildings together with the education benefit are justification for a contribution, especially at Kidlington. Three options for differing levels of contribution based on different assessments are described. The contribution would be funded from within existing capital resources.

The Cabinet is RECOMMENDED:

          1. to approve Project Appraisal ED630;
          2. to agree that, subject as follows, the County Council will make a capital contribution spread over the 2005-06 and following financial year(s) towards the project to modernise the three jointly used Sports Centres in Cherwell;
          3. that the contribution will be capped EITHER
              1. at £1,567,500 (plus interest for payments made in later year(s)) as requested by Cherwell District Council; OR
              2. at £1,493,250 (plus interest for payments made in later year(s)) to reflect the benefits to the County Council from the proposed costs to be shared; OR
              3. at £1,120,750 (plus inflation for payments made in later year(s)) to reflect the Council’s share of costs at the three Sports Centres under the joint use agreements;

          4. that the approved contribution be dependent on County Council officers being satisfied with the details of the new provision at Kidlington and the traffic and pedestrian movement improvement plans at Bicester and Ploughley;
          5. to authorise the Director for Children, Young People & Families in consultation with the Head of Finance & Procurement to determine the phasing of the payments within the available capital funding provision;
          6. to authorise the Director for Children, Young People & Families and Head of Property to agree with Cherwell District Council such changes as are required and are acceptable to all parties in the joint use agreements covering the County Council’s use of these Centres to reflect the changes arising from this project, together with the necessary lease and land use agreements.

  1. Henley Town Centre Traffic Management and Environmental Improvement Schemes

Cabinet Member: Transport
Forward Plan Ref: 2005/180
Contact: Mike Collins, Principal Engineer (01865 815877)

Report by Head of Transport (CA12)

The County Council, South Oxfordshire District Council and Henley Town Council have been working in partnership to develop an Integrated Transport Strategy for Henley on Thames. A Short-Medium Term Strategy covering the period 2005-2011 was identified and endorsed by South Oxfordshire and Henley Town Councils and agreed by the Executive in April 2004.

A major part of this Strategy was the promotion of a traffic management scheme to combat the current traffic problems in the town centre and an environmental improvement scheme to undertake changes to the surroundings on Duke Street and Bell Street to provide a better pedestrian environment.

A public consultation on the proposals has been held to seek comments and to gauge the level of support of Henley. This report describes the proposals, reports on the consultation and seeks a decision on how to proceed with the schemes.

The Cabinet is RECOMMENDED to:

          1. approve Project Appraisal H180;
          2. authorise officers to proceed with the design and implementation of the Traffic Management and Environmental Improvement Scheme subject to (c) below; and
          3. authorise officers to promote any Traffic Regulation Orders necessary for the implementation of the Traffic Management and Environmental Improvement scheme, subject to any objections being reported back to the Transport Implementation Committee for decision.
  1. Banbury Flood Alleviation Scheme

Cabinet Member: Transport
Forward Plan Ref: 2005/179
Contact: Brian Fell, Assistant Head of Transport (01865 815083) and Christina Daniels, Assistant Solciitor (01865 815383)

Report by Head of Transport (CA13).

Banbury has a long history of flooding. In response to local concerns the Environment Agency (EA) is proposing to construct a flood alleviation scheme to reduce the risk of future flooding. Planning permission has been granted for the scheme by Cherwell District Council. This report considers the benefits and disadvantages of the scheme with regard to the public highway and sets out the County Council’s legal responsibilities.

The chosen scheme is the result of a series of studies carried out by consultants for EA between 2001 and 2004. Various options were considered before concluding that a combination of flood storage upstream of Banbury and localised flood defences within the town would provide the "most sustainable, environmentally acceptable, cost effective, socially acceptable and technically feasible of all the flood defence options". The scheme entails the construction of an embankment to contain flood water in the area between M40 and A361, permitting flooding of the A361 roadway and agricultural land to the east.

The report assesses the proposals in the context of the Council’s legal duties in respect of the protection of the highway and the overall risks posed by flooding. It concludes that the proposals are reasonable and could be supported, subject to certain safeguards.

The Cabinet is RECOMMENDED to accept the Environment Agency’s Banbury flood alleviation proposal on the basis set out in the report and agree the withdrawal of the County Council’s objection, subject to the following conditions being met to the satisfaction of the Director for Environment & Economy and the Solicitor to the Council:

    1. the documentation in a separate agreement of any rights to be granted to the Environment Agency by the Council;
    2. the agreement of a management protocol for early warning of flood events and for establishing and removing of diversions;
    3. agreement by the Environment Agency to reimburse the Council’s reasonable costs incurred as a direct consequence of the proposed scheme;
    4. the granting of a full indemnity to the Council by the Environment Agency.

  1. Oxfordshire Minerals and Waste Development Framework

Cabinet Member: Sustainable Development
Forward Plan Ref: 2005/148
Contact: Ian Walker, Community and Spatial Strategy Manager (01865 815544)

Report by Head of Sustainable Development (CA14).

At its 6 September meeting the Cabinet considered a report on the programme for the preparation of the Oxfordshire Minerals and Waste Development Framework and a draft Statement of Community Involvement (SCI). Consultation on the draft SCI took place between 30 September and 11 November. This report outlines responses to the consultation and proposed changes to the draft SCI and recommends the Cabinet to recommend to Council that it agrees submission of a revised SCI and statement of consultation to the Secretary of State.

There was a wide measure of general support for the document both from local council and community representatives and those representing the industry. There were a number of detailed comments and suggestions. Groups and organisations want, in particular, to make sure that they will be consulted and will have the opportunity for early involvement in the process. A number of respondents also emphasise the need to ensure feedback to show how consultations have influenced the preparation of the local development documents.

The Cabinet is RECOMMENDED, subject to consideration of any comments on behalf of the Environment & Economy Scrutiny Committee, to RECOMMEND Council to:

          1. endorse the responses to the representations on the consultation draft Oxfordshire Statement of Community Involvement in Annex 1 to this report;
          2. approve the Oxfordshire Statement of Community Involvement, incorporating changes proposed in Annex 2, and authorise the Head of Sustainable Development, in consultation with the Cabinet Member for Sustainable Development, to finalise the SCI for submission to the Secretary of State; and
          3. authorise the Head of Sustainable Development, in consultation with the Cabinet Member for Sustainable Development, to prepare a pre-submission consultation statement and representations statement (to include the responses referred to in R(a) above) for submission to the Secretary of State as required by the Regulations.

  1. Thornhill Park & Ride Interchange
  2. Cabinet Member: Transport
    Forward Plan Ref: 2005/072
    Contact: Mike Collins (01865 815877)

    Report by Head of Transport, Principal Engineer (CA15).

    A scheme to provide a new bus terminus and building and to upgrade the existing car park was programmed to be constructed in 2005/06. Following production of the final contract documents and a detailed cost estimate the scheme was found to have exceeded the approved project appraisal of £1.97M. A reassessment of the scheme and available funding has been carried out.

    Provision of a new bus terminus layout with a building is considered the priority and a new cost estimate has been prepared together with a revised project and resource appraisal. An upgrade of the remaining part of the original car park would be deferred until a later date when funding becomes available. Some necessary minor repairs will be undertaken to areas of the car park to maintain its serviceability until a major refurbishment is undertaken in the future.

    The Cabinet is RECOMMENDED to approve Project Appraisal H173/1 and the implementation of the amended scheme as described in the report and Appraisal.

  3. Civil Contingencies Act 2004 - Emergency Planning Duties

Cabinet Member: Community Safety
Forward Plan Ref: 2005/161
Contacts:
John Parry, Director for Community Safety & Chief Fire Officer (01865 855205)
John Kelly, Emergency Planning Officer (01865 815341)

Report by Director for Community Safety & Chief Fire Officer (CA16).

The Civil Contingencies Act (CCA) 2004 reflects the move away from a ‘civil defence’ approach to emergency management to one which recognises the modern environment. Consequently it imposes additional statutory obligations in some areas. Implementation has been staged over a year to allow responders to align their plans with the Act including the Business Continuity Regulations for businesses and voluntary organisations (by April 2006).

The CCA 2004 gives the County Council and the District Councils, statutory emergency planning duties as Category 1 responders. Other Category 1 responders include Fire Authorities, the NHS and the Police. Category 1 responders have the following duties: Planning, training and exercising; Risk assessment and risk mitigation; Emergency response and recovery; Business continuity management (BCM) for the authorities’ own business; BCM promotion for the local area; Information sharing; Co-operation in multi agency work.

Much of this is best practice within this authority but there are areas requiring additional work such as BCM within the County Council and community BCM. Action plans are developed and being progressed to meet these needs.

The Cabinet is RECOMMENDED to:

          1. approve the terms of an agreement with the District Councils and incorporated protocols as described in the report and set out in Annex 1;
          2. note the progress on the Business Continuity Management project and ask the Director for Community Safety and Chief Fire Officer to produce any other reports as required on this;
          3. instruct the Director for Community Safety & Chief Fire Officer to report back on any significant additional commitments from the Civil Contingencies Act 2004, when all the Thames Valley and Regional structures are in place.
  1. Joint Working Arrangements with the Department for Work and Pensions

Cabinet Member: Health & Community Services
Forward Plan Ref: 2005/199
Contact: Simon Kearey, Head of Business Support and Performance Management (01865 815565)

Report by Director for Social & Health Care (CA17).

This report describes a proposal to achieve closer working between the Pension Service of the Department for Work and Pensions (DWP) and the County Council as part of a nation-wide drive to improve pension services for older people and forms part of the national drive to develop the Third Age Service. The report seeks agreement in principle to this initiative and to discussions continuing between stakeholders to agree firm proposals for implementation. The report also seeks approval for the initial phase of this project as set out in the proposals.

The Pension Service’s aim is to be working in joint teams with all primary tier local authorities. It seeks to provide improved access to benefit checks particularly for the estimated 20% of vulnerable potential customers not yet engaged with it. The Pension Service has previously identified Oxfordshire as one authority to go earlier than others with the formation of a Joint Team by April 2004. A joint management structure is proposed, including a multi-agency Strategic Management Board to manage the operational joint team. The aim of the Joint Team will be to meet the needs of the partnership organisations fully, including the full range of data capture and verification duties required by all partners. The current aim is to draw in Fairer Charging visiting arrangements with the initial focus on the collection of financial assessment information and pension credit applications for older clients. Future arrangements may extend to disability type benefits and allowances, Housing Benefit and the Supporting People programme. For persons under the age of 60 years, there may be a similar partnership working with Jobcentre Plus.

The Cabinet is RECOMMENDED to:

          1. support in principle the proposal for joint working arrangements between the Council and the Pensions Service local service as described in the report, in order to improve the uptake and processing of benefits by clients and carers.
          2. note that further consultation will be conducted with all stakeholders, including the Pensions Service local service, representatives from the voluntary sector and Primary Care Trusts, on implementation arrangements;
          3. authorise the Director for Social & Community Services, in consultation as he may think appropriate with the Cabinet Member for Social & Community Services, to agree on the part of the County Council the final implementation arrangements to be proposed by the Strategic Management Board following the further consultation with stakeholders.

  1. Forward Plan and Future Business

Cabinet Member: All
Contact Officer: John Leverton, Head of Committee Services (01865 815314)

The Cabinet Procedure Rules provide that the business of each meeting at the Cabinet is to include "updating of the Forward Plan and proposals for business to be conducted at the following meeting". Items from the Forward Plan for the immediately forthcoming meetings of the Cabinet appear in the Schedule at CA18. This includes any updated information relating to the business for those meetings that has already been identified for inclusion in the next Forward Plan update. (Members are reminded that the meeting diarised for 3 January has been cancelled, so the Schedule shows the items listed for the two next meetings, on 17 January and 7 February.)

The Schedule is for noting, but Cabinet Members may also wish to take this opportunity to identify any further changes they would wish to be incorporated in the next Forward Plan update.

The Cabinet is RECOMMENDED to note the items currently identified for forthcoming meetings.

December 2005

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