Agenda and minutes

Members are reminded that at the start of the meeting they should declare any known interests in any matter to be considered, and also during the meeting if it becomes apparent that they have an interest in the matters being discussed.

The Chair reminded Members of the need to declare known interests in any matters to be considered at the meeting. No declarations were made.

To receive the minutes of the meeting held on 15^th November 2023.

Resolved – That the minutes of the meeting held on 15^th November 2023 be confirmed and signed as a correct record.

See the explanatory note below. Please contact the Committee Officer whose details appear at the top of this agenda if you need further guidance.

Those wishing to submit questions are requested to send them to committeeservices@swindon.gov.uk no later than 3.00pm two clear working days before the meeting [Friday 8^th December 2023].

Mr John Ranford had submitted a verbal question concerning the lack of cycle tracks in Highworth which the Chair read out in his absence. Councillor Chris Watts, Cabinet Member for the Environment and Transort, responded at the meeting.

The full details of all submissions under this item and the responses provided can be found in Annex 1.

Certain items are expected to include the consideration of exempt information and the Cabinet is, therefore, recommended to resolve "That, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred to in the items listed below, on the grounds that they involve the likely disclosure of exempt information, as defined in the respective paragraph of Part 1 of Schedule 12A of the Act".

Resolved – That, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during any discussion of the matters referred to in Agenda Item 8 (Capital Monitoring – Quarter 2 2023/24) Appendix 3, on the grounds that they involve the likely disclosure of exempt information, as defined in paragraph 3 of Part 1 of Schedule 12A of the Act. Minute Item 39 refers.

Councillor Kevin Small, Cabinet Member for Finance, along with the Directorof Financeand Audit, submitted a joint report which outlined the outcome of the recent Local Government Association (LGA) FinancePeer Challenge,undertaken on9-10 November2023, and contained a number of recommendations to address areas of development raised by the peer challenge team. The report set out how it is goodpractice forall councilsto participate inLGA peer challenges,and that Swindon Borough Councilis committedto the processof peerassessment and support as an important tool in a process of continuous improvement.

Councillor Small thanked those involved in the Peer Review, introduced the report, and highlighted some key points from it which included: the acknowledgement that both officers and members of the Administration were taking the financial challenges seriously; that the challenges had not been created since May 2023 and were reflected in other local authorities across the country; the number of Councils that had already issued a 114 notice, and those in danger of doing so; the need to plot and communicate the journey for recovery; the concerns expressed over the low reserves position and the need to look at the longer term viability of the Council without relying on reserves; the concerns expressed regarding the Dedicated Schools Grant deficit; the work being undertaken to address the challenges in Children’s Services; the improvements recommended to the quality of financial reporting; the capacity needed in the senior leadership team to implement and deliver change, and; the focus needed on medium term planning for 2025/2026 onwards. 

Councillor Emma Bushell, Deputy Leader of the Council and Cabinet Member for Organisational Oversight, expressed her appreciation for the LGA peer review members and to those colleagues who had participated in the review. She commented on the sobering mood of the feedback session, and emphasised the need to focus on long term transformational work despite the short-term challenges and budget pressures. Councillor Bushell also referred to the confidence expressed by the LGA peer review members in the new Administration having the ability to address the forthcoming financial challenges.

The Chair also expressed his gratitude to the LGA which had provided a lot of support to the new Administration since the election. He noted that the report set out the challenges faced by the Council, and that a number of items on the agenda had been informed by it. 

Resolved: (1) That thekey messagesof theLGA FinancePeer Challengereport set outin paragraph 3.5and the detailed report in Appendix 1 be noted.

(2) That theCouncil’s thanksto the FinancePeer Challengeteam namedat paragraph 3.2 be recorded.

(3) That therecommendations setout insection 2of thePeer Challengereport be accepted.

(4) To note that progressagainst theaction plan willbe broughtback forconsideration by Cabinet in March 2024.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Kevin Small, Cabinet Member for Finance, along with the Directorof Financeand Audit, submitted a joint report which presentedthe current revenueforecast out-turnposition for2023/24 andan update on the outlook for 2024/25. The report set the financial context for the savings proposals and other actions that the Council will need to consider in order to meet the legal requirement to set a balanced budget for the year ahead, and met the requirementto publishinitial proposalsfor theBudgetary and PolicyFramework atleast two monthsbefore the Frameworkmust beadopted.

Councillor Small introduced the report and highlighted some key points from it which included: the serious financial issues being faced by the Council due to pressures on Children’s and Adult’s Services; the expectation that the local government settlement will be announced on the 18^th or 19^th December 2023 but that a large uplift in the amount the Council receives is not expected; the forthcoming announcement of the Council Tax maximums that will be allowed which were expected to be set at 3% for general taxation and 2% for adult services; the reduction in the deficit since the last report to Cabinet for which Councillor Small thanked officers; the areas of savings the Administration is looking at to help balance the budget and address the £14m deficit prior to Cabinet and full Council in February 2024; the fees and charges being proposed; the proposed virements; that the council tax base had gone up slightly to support the budget; the sharing arrangements for any deficit from council tax collections, and; the amounts currently standing in reserves.

Councillor Small referred to the drastic reductions Councils across the country were having to make to services to support their statutory provisions and meet pressures. He expressed the view that the predicted funding for local government for the forthcoming year was another example of austerity cutting in to how local authorities can provide services for local people. He noted that in 2010 nearly 50% of the Council’s funding came from government, and that figure was now around 3%.

Councillor Marina Strinkovsky, Cabinet Member for Heritage, Art and Culture, commented on the government creating  legislation that local authorities have to abide by without providing the necessary funds to allow them to undertake that action.

Resolved: (1) That theCouncil’s seriousfinancial positionand theimmediate requirementfor urgent and clear action to address this be noted.

(2) That the2023/24 forecastout-turn positionfor eachservice area asset outin Table1 and Appendix 1 be noted.

(3) That the virementsset outin Appendix2 be approved.

(4) That the financialrisk associatedwith theDSG deficitand thecouncil’s participationin theDelivering BetterValue programme be noted.

(5) To notethe updateon thefinancial outlookfor 2024/25 andthat theLocal Government Settlement for 2024/25 has yet to be published and therefore the funding position remains uncertain.

(6) To note that the  ...  view the full minutes text for item 38.

Councillor Kevin Small, Cabinet Member for Finance, along with the Director of Finance and Audit, submitted a joint report which presented theyear endmonitoring positionfor theCouncil’s capital programmeand someproposed changesto theprogramme. The report also highlighted how theeffective managementof financialresources throughrobust financialmanagement processesunderpins theCouncil’s abilityto achieveits plansand priorities.

Councillor Small introduced the report and highlighted some key points from it which included: the change in the forecast for the Coroners service from £118k to £92k; the projected overspends on the Nythe Road junction of the Piccadilly roundabout, the White Hart junction, the first area of the Carriage Works, Junction 16 and on the bus stoppers at Fleming Way; the need to review whether the Council takes on the costs of liabilities in future contract procurement; the funding to be approved for Schools and the Children’s Capital Programme; the decision by the Planning Inspector and the Courts not to force the developer to provide primary school provision on the Foxbridge North development which will result in future additional costs to the Council to provide school places; the additional funding for the Great Western Academy, and; the budget for the Swindon Community Hub.

Councillor Small responded at the meeting to a comment from the Chair regarding bringing the Medina nightclub back into operation which had been found to be cost prohibitive. 

Resolved: (1) That the2023/24 projectedyear-end position andfunding sourcesas setout inTables 1 & 2 and as detailed in Appendices 1 and 2 be noted.

(2) That thenew significantbudget variancesset outat paragraph3.4 be noted.

(3) That the amendments and additions to the programme detailed at paragraph 3.7 be approved, noting that the additions can be accommodated within the approved capital financing revenuebudget andprudential indicatorsas setout inthe 2023/24Budget approvedby Council.

(4) That therecommendations, approvalsand delegations regardingthe proposed children’s services capital programme noted in paragraph 3.8 be approved.

(5) That theadditions tothe children’scapital programmeas notedin paragraph 3.9 be approved.

(6) That thesituation regarding theMedina nightclubdetailed inparagraph 3.10 be noted.

(7) That thepublication ofThe InfrastructureFunding Statementand associatedCIL administration charges as detailed in paragraphs 3.11 - 3.15 and Appendix 4 be approved.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Kevin Small, Cabinet Member for Finance, along with the Director of Finance and Audit, submitted a joint report which set out themid-year TreasuryManagement performancefor 2023/24.

Councillor Small introduced the report and advised that bi-annual reporting on this matter was a CIPFA requirement. He noted that the Audit Committee had also considered this report and had been content with it. Councillor Small also stated that the current report was based on the strategy approved by Council on 17^th February 2023, and that the new strategy would form part of the budget papers for 24/25 which would be considered in February 2024.

Resolved: (1) That there were no commentsor recommendationsfrom the AuditCommittee to be noted.

(2) That themid-year TreasuryManagement performance be noted.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Jim Robbins, Leader of the Council, along with the Headof Policy,Campaigns &Communications, submitted a joint report which set out the detailsof the results from the2023 SwindonResident Survey, conductedfrom Augustto September2023. The report also set out how the Council is planning to conduct a programme of public engagement in January 2024 aroundthe SwindonPlan, including anoverview ofthe 2023 ResidentSurvey and how the results have informed the development of the Swindon Plan.

Councillor Robbins introduced the report and highlighted the importance of seeking the views of residents on the services provided by the Council. He advised that views would also be sought in the future to ensure the Council was delivering what residents want, and that improvements in responses over time would be tracked.

Councillor Chris Watts, Cabinet Member for the Environment and Transport, agreed that this was an important body of work which indicated the position the new Administration had inherited. He referred to the difficult job of improving performance which was the challenge faced by the Council moving forward. 

Resolved: That the results of the Swindon Resident Survey attached at Appendix 1 (and that have informedthe developmentof thedraft SwindonPlan) be noted, and that it will beshared anddiscussed with residents as part of planned engagement activity in early 2024.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Emma Bushell, Deputy Leader of the Council and Cabinet Member for Organisational Oversight, along with the Headof Learning& OrganisationalDevelopment, submitted a joint report which provided anoverview ofthe 2023Colleague Engagement Survey, the ensuing results cascade, and action planning process, and the results from which willcontribute tothe Swindon Plan. The report also set out how the last colleagueengagement survey tookplace in 2019 and that theresults of the 2023 survey will be used by the new administration and new corporate management team as a baseline for understanding how colleagues feel about the organisation now. This will inform a realistic organisational engagement action plan supported by Directorate focusedplans builtin collaborationwith colleaguesacross theorganisation. Thepurpose of the plans being to identify and mitigate barriers to colleague engagement andthereby improve organisational performance.

Councillor Bushell introduced the report and highlighted some key points from it which included: how the report will contribute to the development of the Swindon Plan along with the Resident Survey; that it was timely to obtain a snapshot of where staff are given the new Administration, new senior management and the challenges of financial pressures and the recent Ofsted report; how it is helpful to identify key challenges and to give a starting point against which progress can be measured; that how staff feel working for the organisation is important as a barometer as to the efficiency and effectiveness of the Council and mirrors the perceptions of residents; that colleague engagement is important as the commitment of staff will be required to address the financial challenges, transform the organisation and deliver excellent services; that the highest scoring question shows that staff are aware of the Council’s values and behaviours and believes they are demonstrated; that an area of concern was the lack of confidence shown that any action would be taken as a result of the survey demonstrating a lack of perceived accountability, and; that the Corporate Management Team will be drilling down into the data and acting on key learnings, the findings from which will be fed into the staff roadshows in the new year, and the annual surveys commencing in September 2024. Councillor Bushell concluded by inviting Cabinet Members to be mindful of their visibility to frontline staff. 

The Chair echoed the comments from Councillor Bushell regarding the importance of benchmarking the current position, and working over time to transform the Council into a good place to work where employees feel like they are making a positive contribution. He noted that it had been a challenging year, and that this survey had been sent out shortly after the Ofsted announcement. The Chair stated that Cabinet had a role to play in reassuring officers that the Administration take this seriously and will make changes as a result of the survey outcomes. 

Resolved: That the2023 colleagueengagement surveyresults attachedat Appendix1 andfollow-up approach outlined in the report be noted.

The reasons  ...  view the full minutes text for item 42.

Councillor Jim Robbins, Leader of the Council, along with the Chief Executive Officer, submitted a joint report which provided an update following on from the ‘Priorities of the new Administration’ report considered by Cabinet at its meeting on 12^th July 2023. Thereport setout howthe Council will respond to the financial challenges and deliver on the three-decade long missions agreed by the Council through the development of a Swindon Plan which providesdetail behindthe missions,how the Council intends to work with partners and residents, a budget position statement, and an overview of the priority areas for transformation.

Councillor Robbins introduced the report and the draft Swindon Plan which he believed set out what the new Administration wanted to achieve whilst taking into account the Council’s financial position. He referred to the transformational work that needed to be done to address the financial challenges and to deliver quality services. Councillor Robbins also commented on the intention for the draft Plan to eventually be amended to reflect the views of residents which would demonstrate the Administration’s commitment to genuine consultation. 

Resolved: (1) That thedraft SwindonPlan attached atAppendix 1 be noted and to agreeto proceedwith its development.

(2) To agree the proposal to engage on the draft Swindon Plan with residents and other stakeholdersas setout inthe report and to notethat theFinal versionof theSwindon Plan will be presented to Cabinet and full Council before the end of the current Municipal Year.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Paul Dixon, Cabinet Member for Children’s Social Care, along with the Corporate Director for Children’s Services, submitted a joint report which set out theChildren’s Servicestransformation planwhich outlinesin full the Council’s Children’s Services improvement journey.

Councillor Dixon introduced the report and highlighted that the report was essentialfollowing theOfsted Inspectionof LocalAuthority Children’s Services framework which judged Swindon’s Children’s Services to be inadequate in July 2023, and that the plan had remained in “draft” until it was signed off by the Department for Education Improvement Board at its inaugural meeting in early December 2023. Councillor Dixon noted that there were seven priority areas within the improvement plan, and it showed how the issues and concerns were going to be addressed.  Regular monitoring visits will also occur every twelve weeks commencing in February 2024. Councillor Dixon concluded by advising that the Improvement Board will be meeting every six weeks to monitor progress and engage with partners.

Councillor Dixon responded at the meeting to questions and comments from Councillor Bushell and the Chair regarding:

·       The gratitude towards Councillor Dixon and the Corporate Director for their work on this plan, and the importance of driving forward the changes needed to keep children safe in Swindon.

·       The potential involvement from councillors to support the plan which included attending any arranged training sessions on Corporate Parenting, and assisting with the messaging around the foster carer offer.

Resolved: To reviewand endorsethe plan thusfar, so thatthe Departmentfor Education isclear that this plan is supported by the Cabinet, and that there is a clear commitment to the improvement of Children’s Services.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Adorabelle Shaikh, Cabinet Member for Education, along with the Corporate Director for Children’s Services, submitted a joint report which appraisedCabinet ofthe newearly yearsand childcare grantfunding entitlementsthat were announced as part of the Government’s Spring Budget Announcement 2023, to be rolled out commencing April 2024. The report also sought Cabinetapproval forthe CorporateDirector ofChildren’s Servicesto acceptand administer grant funding assigned to Swindon Borough Council attached tothe delivery of the new entitlements.

Councillor Shaikh introduced the report and described how the main aim was not just to support parents to return to employment, training or education, but that it was to help combat inequality as well. She confirmed that grant funding from the spring budget announcement would be rolled out in Quarter 2 of next year, with the full impact being seen from September 2024. Councillor Shaikh also referred to the incremental proposals for support starting in April 2024 and ending from September 2025.  

The Chair indicated his support for these proposals as it was his view that anything which increased the quality of provision and availability of childcare was a positive step.

Resolved: That the CorporateDirector ofChildren’s Services be authorised,in consultationwith theDirector of Finance and Audit and the Chief Legal Officer, to accept S31 grant funding of

£1,064,665assigned toSwindon BoroughCouncil asdetailed insection 3of thereport, and administer this funding in accordance with the grant conditions to support the expansion of early education and childcare provision for children.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Adorabelle Shaikh, Cabinet Member for Education, along with the Corporate Director of Children’s Services, submitted a joint report which sought agreement to bring the Penhill building back into use. There were resource implications forthe service,both short-termfor bringingthe buildingback intouse, and longer-term for the delivery of the service to meet the needs of children and their families across Swindon. The report set out how it will allow for the expansion of the specialist early years provision currently delivered at Saltway, to be delivered across two sites; Saltway and Penhill.

Councillor Shaikh introduced the report and referred to her recent visit to the site which is located in a known area of deprivation. She noted that the building has good indoor and outdoor space, and the proposals would meet the Council’s aspirations to support children, especially in the already over-burdened SEND sector.

Councillor Small commented on the known added value that early years education gives to children, and how getting children earlier specialist educational support gave them a better chance in life.

The Chair welcomed the positive impact from these proposals, which he noted were being delivered despite budget pressures.

Resolved: (1) That the Council owned Penhill site be recommissioned for the purpose of early education and childcare provision for children with special educational needs and disabilitiesand theirfamilies, subjectto approvalof acapital budgetof £250,000funded through borrowingand virementof anexisting budgetof £350,000towards this purpose as set out in the Capital Monitoring Report elsewhere on the agenda.

(2) To notethat £100,000of thefunding atrecommendation 2.1is requiredto refurbishand provide outside equipment for the specialist nursery at the Saltway centre.

(3) That the CorporateDirector of Children’s Services be authorised totake all actionsnecessary to giveeffect tothis decision,with theobjective ofthe facility beingready foropening by September 2024.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Paul Dixon, Cabinet Member for Children’s Social Care, along with the Corporate Director of Children’s Services, submitted a joint report which proposedthe adoption of a scheme togrant fund building extra bedroom spacein fostercarers homes inexchange fora commitmentto offerfoster carefor a greater number of children in care having increased their capacity to do so. The report set out how thescheme would requireapproval todelegate authorityto theCorporate Directorfor Children’sServices toagree grantsto buildthe adaptationsand extensions.

Councillor Dixon introduced the report and drew attention to the improvements in the local sufficiency of foster homes for children in care this scheme would bring, and how it linked specifically to the actions within the recent Ofsted report. He highlighted that other Local Authorities offered this, and explained the funding options for the different types of homeowners / renters that could apply. Councillor Dixon confirmed that there would be protections put in place (a charge on the property over five years) and that each application would be considered on its own merits to ensure value for money to the Council. He concluded by referring to the potential ongoing savings from this proposal, and thanked the officers involved for their work on this.

The Chair commented on how this built on previous work Cabinet had agreed in terms of providing stable placements and the benefits this would bring to those young people in foster care.

Resolved: (1) That the proposedgrant fundingscheme tofacilitate adaptationsand extensionsto qualifying foster carers homes in the Swindon area to add additional residential capacity which will be used for fostering, attached as Appendix 1 to the report, be agreed.

(2) That afunding envelopeof upto £200kper yearto befunded throughcouncil borrowing be approved.

(3) That the CorporateDirector ofChildren’s Services,in consultationwith the Cabinet Member for Children’s Social Care, be given the delegated authority to agree applications for funding grants that fall within the scheme.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Paul Dixon, Cabinet Member for Children’s Social Care, along with the Corporate Director of Children’s Services,  submitted a joint report setting out the proposals to disaggregatesupport services from Adopt Thames Valley to Swindon Borough Council by the end of the financial year.

Councillor Dixon introduced the report and highlighted the SpecialGuardianship Regulations 2005 which determine the way inwhich a Local Authority must assess and support, both financially and practically, Special Guardians. He noted that Special Guardianship is a legal framework introduced to bridge the gap between adoption and a child arrangements order, and provides a safe home environment without the need for the Local Authority to share parental responsibility. Councillor Dixon described how the proposal being put forward will extend the current offer to include therapeutic help, and would increase the number of SpecialGuardianship Ordersas apositive wayfor childrento achieve permanencegoing forward.

Councillor Strinkovsky remarked that the current provider had appeared to have been derelict in their duty until now and applauded the proposal being put forward to make this change. 

Resolved: (1) That thedisaggregation of SpecialGuardianship supportservices fromAdopt Thames Valley be approved and that authority be delegated to the Corporate Director of Children’s Services (in consultation with theChief LegalOfficer) toaddress anycontractual matterswith Adopt Thames Valleyto giveeffect tothis decision, and to arrange replacement support services internally.

(2) That thedraft SpecialGuardianship Orderpolicy attached tothe report atAppendix 1 be approved.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Adorabelle Shaikh, Cabinet Member for Education, along with the Director of Education, Inclusion and Skills, submitted a joint report which sought approval to accept grant funding attached to two Department for Education programmes of work that the local area has committed to deliver: Delivering Better Value in SEND, and the national Special Educational Needs and Disability andAlternative ProvisionChange ProgrammePartnership (CPP).

Councillor Shaikh introduced the report and was pleased to announce that Swindon was one of two areas in the south west chosen to co-lead on a CPP. She expressed her thanks to the officers involved in that application. Councillor Shaikh concluded by advising that Gloucestershire County Council would be the ‘banker’ for this funding and that Swindon would not receive less than £2.4m.

The Chair welcomed this positive news and looked forward to the work that would take place in this area as a result.

Resolved: (1) That the Director of Education, Inclusion and Skills, in consultation with the Directorof Financeand Audit (s151Officer) andthe ChiefLegal Officer, be authorised to acceptgrant funding as detailed in the report.

(2) That theDirector ofEducation, Inclusionand Skills be authorisedto administerthe abovegrant funding in accordance with the grant conditions.

(3) That theChief LegalOfficer be authorised toenter intoany legalagreements necessaryto give effect to the above.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Ray Ballman, Cabinet Member for Adult’s Social Care, along with the Corporate Director of Adult’s, Health and Housing, submitted a joint report which set out the proposals to procure Residential and Nursing Home services using either a ‘Pseudo’ Dynamic Purchasing System (PDPS) or a ‘Pseudo’ Framework approach, that allows the Council to contract with residential and nursing care homes to deliver comprehensive care services to individuals aged 65 and above whilst ensuring value for money and legal compliance.

Councillor Ballman introduced the report and highlighted how thedelivery ofthese arrangementswould support theCouncil’s threeten-year missionsto ‘Combat Inequality’, ‘Build a Better Swindon’ and to ‘Achieve Net Zero’, which aligned to the assurances gained from providers in their submissions to join the PDPS or a ‘Pseudo’ Framework.

Resolved: (1) That the procurement of Residential and Nursing Home services using a ‘Pseudo’ DynamicPurchasing Systemapproach or a‘Pseudo’ Framework be approved,allowing the Council to contract with residential and nursing care homes to deliver comprehensive care services to individuals aged65 and above whilstensuring value formoney and legal compliance. The agreement will be for an initial period of 2 years which is capable of beingextended bytwo furtherperiods of2 years,up toa maximumof 6years, toensure the Council retains flexibility over the future of the service.

(2) That the Corporate Director for Adults, Health and Housing (following consultation withthe ChiefLegal Officer) be authorised toset upeither thePseudo DynamicPurchasing Systemor Pseudo Framework and to award the contracts on completion of the procurement process.

(3) To note that whilst this is a single procurement exercise, the ‘Pseudo’ DynamicPurchasing Systemor Pseudo Framework will also be utilised by Bath and North East Somerset and Swindon and Wiltshire Integrated Care Board as it includes provision for residential andnursing placementsto becommissioned byboth adultsocial careand theIntegrated Care Board. Swindon Borough Council continues to provide a brokerage service for the Integrated Care Board as part of Section 75 National Health Act (2006), sourcing both Residential and Nursing Home provision. This promotes market stability by ensuring that consistent rates are used across providers in the market. The only body to use and call off from the proposed ‘Pseudo’ DynamicPurchasing Systemor a Pseudo Framework is Swindon Borough Council.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Ray Ballman, Cabinet Member for Adult’s Social Care,  along with the Corporate Director of Adult’s, Health and Housing, submitted a joint report which set out the intention to procure supported living services using either a ‘Pseudo’ Dynamic Purchasing system or a ‘Pseudo’ Framework approach, that enablesthe Councilto contractwith supported livingproviders todeliver effectivecare services to people aged 16 and above whilst ensuring value for money and legal compliance.The agreementwill be aninitial period of2 yearswhich iscapable ofbeing extended by two further periods of 2 years, up toa maximum of 6 years, to ensure the Council retains flexibility over the future of the service.

Resolved: (1) That the procurement of Supported Living services using a Pseudo Dynamic Purchasing System or Pseudo Framework approach be approved, to enable the Council to contractwith supportedliving providersto deliver careservices toindividuals whilst ensuringvalue formoney andlegal compliance.The agreementwill bean initialperiod of 2 yearswhich iscapable ofbeing extendedby twofurther periodsof 2years, upto a maximum of 6 years, to ensure the Council retains flexibility over the future of the service.

(2) That the Corporate Director of Adults, Health and Housing (following consultation with the Chief Legal Officer) be authorised to set up the Pseudo Dynamic Purchasing System or PseudoFramework toaward thecontracts oncompletion ofthe procurementprocess.

(3) To note that this is a singleprocurement exercise, the contract in place will also be utilised by Bath and North East Somerset and Swindon and Wiltshire Integrated Care Board as it includes provision for supported living packages to be commissioned by both adult social care and the Integrated Care Board. Swindon Borough Council continue to provide a brokerage service for the Integrated Care Board as part of Section 75 National HealthAct (2006),sourcing supportedliving provision.This promotesmarket stabilityby ensuring that consistent rates are used across providers in the market. Theonly bodyto use and call off from the proposed Pseudo Dynamic Purchasing System or Pseudo Framework is Swindon Borough Council.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Kevin Small, Cabinet Member for Finance, along with the Director of Strategic Development, submitted a joint report which sought agreementfor therevised SwindonBorough LocalDevelopment Scheme 2024, which outlines the work programme for the production of Development Plan Documents. The report set out how updatingthe Local Development Schemewould ensurethat residentsand stakeholders areable tounderstand when future stages in plan preparation are anticipated.

Councillor Small introduced the report and noted that the statutory delivery timetable covers how the Local Plan will be produced over the next 18 months (by 31^st December 2026). Councillor Small also advised that that the former individual plans on mineral and waste will be incorporated into the Local Plan going forward. 

Resolved: (1) That theSwindon BoroughLocal DevelopmentScheme 2024, attachedat Appendix 1, which is to come into effect on 8^th January 2024, be approved and published.

(2) That the Director of Strategic Development, in consultation with the Cabinet Member for Finance, be authorised to make minor non-material changes to the content of the SwindonBorough LocalDevelopment Scheme2024, ifrequired, priorto publication.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Kevin Small, Cabinet Member for Finance, along with the Director of Strategic Development, submitted a joint report which sought agreement to undertake statutory consultation on the revised Statement of Community Involvement 2024. The report set out how the Statement of Community Involvement is a statutory document requiredby law(as perthe Planningand CompulsoryPurchase Act(2004) (asamended)) that outlines how the Planning Service will engage with local communities and key stakeholders on both planning applications and the production of planning documents including the Local Plan.

Councillor Small introduced the report and outlined the consultation required now to determine how the Local Plan will be consulted upon in future. He confirmed that those forms of consultation not widely used during the last consultation on the Local Plan had been removed from current proposals, and that the six week consultation period would run from 8^th January to 19^th February 2024 with final approval of the proposals coming to Cabinet in spring 2024.

Resolved: (1) That thedraft Statementof CommunityInvolvement 2024attached atAppendix 1 be approved for public consultation. The Statementof CommunityInvolvement requires public consultation, which is proposed to run for 6 weeks from 8^th January 2024 to the 19^th February 2024 (inclusive).

(2) To note that, followingthe periodof publicconsultation onthe Statementof CommunityInvolvement, a finalversion ofthe document will come back to Cabinet and then to Council for final ratification as the Statementof CommunityInvolvement is a statutory planning document.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Kevin Small, Cabinet Member for Finance, along with the Director of Strategic Development, submitted a joint report which set outthe approachthe Councilwill taketo ensuringthe requirementsof Schedule 14of theEnvironment Act2021 isimplemented whenit is broughtinto force in January 2024, introducing the need for certain developments to deliverbiodiversity net gain.

Councillor Small introduced the report and explained that the changes to the framework were required to reflect recent government legislation amendments regarding how developer contributions for biodiversity is captured as part of future developments.

Resolved: (1) That theDirector ofStrategic Development be authorised toidentify opportunityareas, asset out in paragraph 3.20 of the report, for the creation of new or enhanced biodiversity habitats, in consultation with the Cabinet Member for Environment and Transport.

(2) That theDirector ofStrategic Development,in consultationwith theHead of Property Assets and the Head of Operations Delivery and Assurance, be authorised:

(i) Toidentify Council-ownedsites, withinthe opportunityareas, forthe creationof new or enhanced biodiversity habitats, where those sites are unsuitable for alternative development.

(ii) Toagree thatsuch sitesbe usedto deliverbiodiversity offsetting,in accordance with the requirements of the Environment Act, and that the sites identified are taken forward in consultation with the Cabinet Member for Environment and Transport and the Cabinet Member for Finance.

(3) That theDirector ofStrategic Development be authorised to commission thedelivery ofbiodiversity offsetting onthe landidentified andapproved for this purpose.

Minutefor Confirmation

Resolved – (4) That Council be recommended to approve the framework for Swindon Borough Council to introduce actionsthat willensure thelegal minimumrequirement of10% BiodiversityNet Gainto be delivered through the planning process on all applicable applications.

(5) That Council be recommended to amend the Scheme of Delegations to authorise delegated powers to the Director of Strategic Development, in consultation with the CabinetMember forEnvironment andTransport andCabinet Memberfor Finance,to implement the requirements of Schedule 14 of the Environment Act on behalf of the Council.

(6) That Council be recommended to authorise the Chief LegalOfficer toundertake the necessary constitutional amendments to give effect to these proposals.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Jim Grant, Cabinet Member for Communities and Joint Working, along with the Head of Environmental Health, submitted a joint report which sought approvalfor v1.1of theKingshill AirQuality ActionPlan, attached at Appendix 1 to the report, and the actions contained within. The report also sought approvalto consult on the Air Quality Action Plan with the Environment Agency, neighbouring Local Authorities,and DEFRAas partof theCouncil’s statutoryduties aroundLocal Air Quality Management contained in the Environment Act 1995, tomodify theAir Quality Action Plan through its lifetimeas appropriate, andto pursueall ofthe actions within the Air Quality Action Plan subject to the availability of funding.

Councillor Grant introduced the report and highlighted that this was a refresh of the previous 2018 Plan, most of the recommendations from which had now been implemented. This decision would resolve the outstanding issues of removing mostheavy vehiclesfrom theroad viaa Traffic Regulation Order, workingwith logisticsconcerns toreduce impactsfrom lightergood vehicles through a Local Logistics Partnership, and promotingactive andsustainable travelfor Swindonresidents, especiallyfor short journeys.

Councillor Grant drew attention to the cost of air pollution to UK residents, estimated to be between £9b and £19b. He emphasised that Swindon has good air quality in general, with the issue being localised to the Kingshill area. He concluded by thanking the Head of Environmental Health for his work on this matter. 

Councillor Watts reflected on the closure of Kingshill around five years ago which had seemingly had no negative impact on town centre traffic. He posited that this decision would have little impact on distribution also, but would provide a massive boost to the quality of life of the residents in the area.

Resolved: (1) That the Head of Environmental Health and the Air Quality Steering Group be authorised to formallyconsult statutoryconsultees onthe Air Quality Action Plan, andto submitthe finalAir Quality Action Plan to DEFRA, enabling Swindon Borough Council to fulfil its statutory duty.

(2) That theHead ofEnvironmental Healthand theAir QualitySteering Group be authorised to make minor adjustments to the Air Quality Action Plan in response to consultation responses received, and to the developing air quality situation within the Air Quality Management Area, as a working document until such time as the Air Quality Management Area Order is revoked.

(3) That the Head of EnvironmentalHealth be authorised totake all actions necessary to implement themeasures containedwithin theplan asquickly aspossible anduntil suchtime asthe Air Quality Management Order for Kingshill is revoked, subject to the availability of funding.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Jim Robbins, Leader of the Council, along with the Chief Legal Officer, submitted a joint report which set out the details of theIndependent RemunerationPanel’s recommendationon how the proposed flat-rate increase in staff salaries may be applied to Councillors’ Allowances. The report also set out how the current scheme, which ends in May 2025, is an index link tying rises in the Councillors’ Basic Allowance to the percentage awarded to staff in the national pay round.The LocalGovernment employer’sproposed flat-rateincrease wouldnot fitinto this scheme.

Councillor Robbins introduced the report and referred to the debate on the matter within his political Group. Though grateful to the Panel for their work on this matter, he described how the decision to not accept the recommendation from them had not been taken lightly. However, given the financial challenges faced by the Council, his Group considered it inappropriate for councillors to receive an allowance increase at this time.  

Minutefor Confirmation

Resolved unanimously: (1) Thatthe IndependentRemuneration Panel bethanked forits workin consideringthe implications of the proposed staff pay award.

(2) That Council be recommended not to approve the Panel’s recommendations given the current unprecedented circumstances, cost of living crisis and imposed budgets cuts, leavingthe Schemeof Allowancesat thecurrent levelsset forthe 2023/2024Municipal Year.

The reasons for the decision and alternative options are as set out in the report to the meeting.