Agenda and decisions

Cabinet
Tuesday, 2nd April, 2019 4.00 pm

Venue: Conference Hall - City Hall, College Green, Bristol, BS1 5TR. View directions

Contact: Oliver Harrison 

Link: Watch Live Webcast

Items
No. Item

1.

Welcome and Safety Information

Members of the public intending to attend the meeting are asked to please note that, in the interests of health, safety and security, bags maybe searched on entry to the building.  Everyone attending this meeting is also asked please to behave with due courtesy and to conduct themselves in a reasonable way.

 

Please note: if the alarm sounds during the meeting, everyone should please exit the building via the way they came in, via the main entrance lobby area, and then the front ramp. Please then assemble on the paved area in front of the building on College Green by the flag poles.

 

If the front entrance cannot be used, alternative exits are available via staircases 2 and 3 to the left and right of the Conference Hall. These exit to the rear of the building. The lifts are not to be used. Then please make your way to the assembly point at the front of the building.  Please do not return to the building until instructed to do so by the fire warden(s).

 

2.

Public Forum

Up to one hour is allowed for this item

 

Any member of the public or Councillor may participate in Public Forum. Petitions, statements and questions received by the deadlines below will be taken at the start of the agenda item to which they relate to.

 

Petitions and statements (must be about matters on the agenda):

• Members of the public and members of the council, provided they give notice in writing or by e-mail (and include their name, address, and ‘details of the wording of the petition, and, in the case of a statement, a copy of the submission) by no later than 12 noon on the working day before the meeting, may present a petition or submit a statement to the Cabinet.

 

• One statement per member of the public and one statement per member of council shall be admissible.

 

• A maximum of one minute shall be allowed to present each petition and statement.

 

• The deadline for receipt of petitions and statements for the 2 April 2019 Cabinet is 12 noon on Monday 1 April 2019. These should be sent, in writing or by e-mail to: Democratic Services, City Hall, College Green, Bristol, BS1 5TR

e-mail: democratic.services@bristol.gov.uk

 

 

Questions (must be about matters on the agenda):

• A question may be asked by a member of the public or a member of Council, provided they give notice in writing or by e-mail (and include their name and address) no later than 3 clear working days before the day of the meeting.

 

• Questions must identify the member of the Cabinet to whom they are put.

 

• A maximum of 2 written questions per person can be asked. At the meeting, a maximum of 2 supplementary questions may be asked. A supplementary question must arise directly out of the original question or reply.

 

• Replies to questions will be given verbally at the meeting. If a reply cannot be given at the meeting (including due to lack of time) or if written confirmation of the verbal reply is requested by the questioner, a written reply will be provided within 10 working days of the meeting.

 

• The deadline for receipt of questions for the 2 April 2019 Cabinet is 5.00 pm on Wednesday 27 March. These should be sent, in writing or by e-mail to: Democratic Services, City Hall, College Green, Bristol BS1 5TR.

Democratic Services e-mail: democratic.services@bristol.gov.uk

 

 

When submitting a question or statement please indicate whether you are planning to attend the meeting to present your statement or receive a verbal reply to your question

 

 

3.

Apologies for Absence

4.

Declarations of Interest

To note any declarations of interest from the Mayor and Councillors.  They are asked to indicate the relevant agenda item, the nature of the interest and in particular whether it is a disclosable pecuniary interest.

 

Any declarations of interest made at the meeting which is not on the register of interests should be notified to the Monitoring Officer for inclusion.

 

5.

Matters referred to the Mayor for reconsideration by a scrutiny commission or by Full Council

(subject to a maximum of three items)

 

 

6.

Reports from scrutiny commission pdf icon PDF 67 KB

7.

Chair's Business

To note any announcements from the Chair

8.

HMO Licensing Scheme Extension pdf icon PDF 128 KB

Additional documents:

Decision:

1. Cabinet approved the additional licensing scheme in the 12 wards specified in the report

2. Cabinet approved the fee structure and discounts as set out in scheme.

9.

HMO New Article 4 Directions pdf icon PDF 1 MB

Decision:

1. Cabinet authorised the Director - Legal and Democratic Services to make non-immediate article 4 directions (at least 12 months in advance of any such directions taking effect) to remove permitted development rights for a change of use from a dwelling house (Use Class C3) to a HMO (Use Class C4) for the areas set out in the plan attached to the report (Appendix A2) and give notice of such directions in accordance with regulations.

2. Cabinet delegated authority to the Director - Development of Place to instruct the Director - Legal and Democratic Services to confirm the above article 4 directions within 12 months of their making subject to the taking into account of any representations made during the period of notice in accordance with regulations.

10.

Affordable Housing Funding Policy pdf icon PDF 130 KB

Additional documents:

Decision:

Cabinet agreed to adopt the revised Affordable Housing Funding Policy

11.

Bath Road West of Totterdown Bridge pdf icon PDF 174 KB

Additional documents:

Decision:

1. Cabinet authorised underwriting the Delivery Partners’ potentially wasted costs up to either the grant of detailed planning consent or confirmation of the Compulsory Purchase Order up to a value of £1,100,000. The figure of £1,100,000 is a budget for fees and surveys that are required to progress the project agreed between the Delivery Partner and the Council.

2. Cabinet authorised the procurement of a specialist contractor to treat and remove the Japanese Knotweed and delegate authority to the Executive Director, Growth & Regeneration to enter into a contract with the winning bidder.

3. Cabinet authorised the Executive Director, Growth & Regeneration in consultation with Cabinet Member for Housing, to progress Compulsory Purchase Order(s) for the acquisition of the CPO Land pursuant to powers under section 226(1)(a) and section 226(3) of the Town and Country Planning Act 1990 ("1990 Act"), and the Acquisition of Land Act 1981 to enable the development and improvement of the CPO Land including (if and when required) as follows:

3.1 Serving of all requisite notices on all persons with an interest in the CPO Land relating to the making, publicising and confirmation of the CPO Order

3.2 Seeking to acquire for the Council by agreement any interest in land wholly or partly within the limits of the CPO Land in respect of which a blight notice has been validly served in parallel to the CPO process;

3.3 Authorising the negotiation and payment of compensation to any person with a legal interest in the CPO Land; subject to independent valuation

3.4 If any part of the CPO Land shall become occupied removing all occupants from the CPO Land subsequent to the CPO Order;

3.5 Authorising the acquisition by agreement of all existing interests in and over the CPO Land under Section 227 of the 1990 Act before and after confirmation of the Order and in respect of any new rights required for the development or use of the CPO Land and/or the Bath Road Site; and

3.6 Authorising the use by the Council of its powers under sections 203-205 of the Housing and Planning Act 2016 to override third party rights and covenants within the Bath Road Site on the basis that the land is required for the Council's planning purposes and is no longer required for its existing purpose.

4. Cabinet authorised the Executive Director, Growth & Regeneration in consultation with Cabinet Member for Housing where necessary, to appropriate for planning purposes under section 122 of the Local Government Act 1972 of all interests in the CPO Land and the Bath Road Site and secure possession of and title to the CPO Land using whatever powers are available and appropriate.

5. Cabinet authorised the sale of the majority of the Bath Road Site and such parts of the CPO Land as officers consider best suited to ensure the optimum development site at market value for best consideration. The site will be disposed of under delegated authority (Scheme of Delegations, GROWTH AND REGENERATION, v7, July  ...  view the full decision text for item 11.

12.

Article 4 Directions pdf icon PDF 116 KB

Decision:

1. Cabinet agreed that the Article 4 directions issued between 2010 and 2011 be ratified;

2. Cabinet agreed that the Director – Legal and Democratic Services be instructed to reissue the directions listed in paragraph 3 of the evidence base.

13.

IT Device Contract Award pdf icon PDF 130 KB

Additional documents:

Decision:

1. Cabinet authorised the award of a 3 year contract with an approved supplier for the purchase of IT hardware devices for a minimum of £2.2m and a maximum of £5m.

2. Cabinet delegated authority to the Director for Digital Transformation to take all necessary steps to enter into the contract

14.

Joint Procured Litho & Digital Printing Framework Agreement pdf icon PDF 131 KB

Additional documents:

Decision:

1. Cabinet approved proposals set out in this report to enter into the proposed new joint framework for litho and digital printing.

2. Cabinet delegated Authority to the Executive Director Resources, in consultation with the Deputy Mayor for Finance, Governance and Performance, to take all required steps to procure (jointly with partner authorities) and enter in to the proposed framework.

15.

Avonmouth Severnside Enterprise Area Infrastructure Phase 2 pdf icon PDF 150 KB

Additional documents:

Decision:

1. Cabinet approved the Council’s involvement in the scheme for the design, construction and maintenance of flood defences and ecology mitigation works within the Avonmouth Severnside Enterprise Area (ASEA) detailed in Appendix A.

2. Cabinet approved the Council’s contribution of up to a maximum of £31.95m for the scheme to be funded initially through borrowing but which will be reimbursed from the West of England Economic Development Fund (EDF) as detailed in the report.

3. Cabinet agreed the Council’s capital programme be amended to incorporate the budget profile as set out in Table 1 to Appendix G of this report and associated funding sources as detailed in this report.

4. Cabinet agreed to reprofile £20m of the EDF to the scheme as referred to in Appendix A paragraph 35c and Appendix G).

5. Cabinet noted that it is intended that £36.6 m grant funding, in total, for the flood defence design build scheme will also be provided by DEFRA (administered by the Environment Agency)- £4m via the Wessex Regional Flood and Coastal Committee (confirmed) and £32.6m via Flood Defence Grant in Aid (business case approved but no allocation yet made – see Appendix A paragraphs 24-28 and Appendix G).

6. Cabinet delegated authority to the Strategic Director for Growth and Regeneration, in consultation with the Cabinet Member for Finance, Governance and Procurement , and the Director of Finance:

a) to agree the completion of the Inter-Authority Legal Agreement between the Council, Environment Agency, and South Gloucestershire Council, and

b) to take programme and financial decisions within the budget envelope and scheme of delegation as the project develops.

7. Cabinet approved the process for the award of the contract for the scheme, which has been procured via the Environment Agency’s Water and Environmental Management Framework (Lot 4), on the basis of the Contract Award Report .

8. Cabinet acknowledged both the economic benefits and the financial and contractual risks associated with the implementation of the scheme, (as detailed in the report) and therefore, requires Officers to utilise the project governance arrangements to identify opportunities to re-programme the scheme as necessary to ensure (so far as practicable) the scheme can be completed within the budget envelope. It is noted that further Cabinet approval will be required to agree any scheme re-programming which has a financial impact on the Council.

16.

City Leap pdf icon PDF 146 KB

Additional documents:

Decision:

1. Cabinet approved proposals for procuring a suitable party for a strategic partnership, with a third party to deliver City Leap in accordance with the recommended joint venture structure set out in the Business Case contained at Appendix A (the “City Leap Energy Partnership Structure”).

2. Cabinet authorised the drawn down of expenditure of up to £2m to fund the procurement activity which will include the project team and professional advisors. This sum will to be funded from the earmarked allocation within the 19/20 budget.

3. Cabinet delegated authority to Executive Director of Growth and Regeneration in consultation with Director of Legal and Democratic Services, Director of Finance (s151 Officer), Cabinet Member for Energy and Deputy Mayor for Finance, Governance and Performance for all matters relating to procurement of the strategic partner via a competitive process.

4. Cabinet authorised the Executive Director of Growth and Regeneration (in consultation with Director of Finance) to procure appropriate professional advisors to be funded from the City Leap procurement budget.

5. Cabinet approved the innovation funds of up to £2m to be utilised as City Leap enabling funds to prepare and demonstrate the opportunities which will arise from City Leap, and delegate the authority to Director of Finance (s151 Officer) in consultation with the Deputy Mayor for Finance for the phasing and draw-down these funds.

6. Cabinet approved in principle the approach of using the Council’s assets and resources outlined in Appendix G (exempt), Appendix H (exempt) and Appendix I (exempt) to drive optimum value during the JV procurement process.

7. Cabinet approved proposals for the creation of such entities (the legal structure to be determined) and the establishment of such governance arrangements as may be required for the City Leap Energy Partnership Structure, further details of which are set out in Appendix G (exempt), Appendix H (exempt), and Appendix I (exempt), and delegate authority to Director of Legal and Democratic Services in consultation with Deputy Mayor for Finance, Governance and Performance to determine the process for and to implement the above.

8. Cabinet noted that further report will be brought back to the Cabinet prior to the final appointment of prospective Strategic Partner(s). This report will include consideration and approval for any investments in, or transfer of assets into, the City Leap Partnership Structure, along with the financial and legal terms therein.

17.

Bristol Credit Union Investment pdf icon PDF 140 KB

Additional documents:

Decision:

1) Cabinet approved the investment of £500,000 into Bristol Credit Union for a term of ten years at an initial coupon rate of 6% - with gateway reviews at years 2(3) and 5.

2) Cabinet delegated authority to the Director of Finance and the Director – Legal & Democratic Services to finalise the terms of the agreement for the investment in BCU

3) Cabinet delegated authority to the Director of Finance to agree a performance monitoring framework with BCU to identify early and mitigate any risk associated with the investment

18.

Bristol Holding Company Limited Business Plan 2019/20 pdf icon PDF 138 KB

Additional documents:

Decision:

1. Cabinet agreed that the 2019/2020 business plan of Bristol Holding Limited (company number 09485669), attached as Appendix A1 - be considered and approved.

19.

Bristol is Open pdf icon PDF 141 KB

Additional documents:

Decision:

1. Cabinet approved the Council’s acquisition of the University of Bristol’s shares in Bristol Is Open Limited (BIO), so that the Council becomes the sole shareholder of BIO, owning 2 ordinary shares and 700,000 redeemable preferences shares of BIO.

2. Cabinet delegated authority to the Service Director – Finance, in consultation with the Deputy Mayor for Finance, Governance and Performance, to approve the terms of such acquisition (taking into account the outputs of the further legal and financial review of BIO) and to enter into all such documents as are necessary to give effect to this decision.

3. Cabinet approved the high-level business plan 2019/2020 in Appendix A2 and Exempt Appendix J2, subject to approval being given to Recommendation 2.

4. Cabinet approved an allocation from the Council’s risk reserve of up to £500k in respect of future business in/with BIO (following the share purchase), as set out in this report, and to delegate authority to the Service Director – Finance in consultation with Deputy Mayor for Finance, Governance and Performance to agree the details of how this funding should be used, and to conclude the necessary contracts and/or appropriate legal arrangements.

5. Cabinet noted that BCC has awarded BIO a contract for the delivery of the ‘Open Programmable City Region’.

20.

Bristol Energy Limited Business Plan 2019/20 - 2023/24 pdf icon PDF 131 KB

Additional documents:

Decision:

1. Cabinet approved the 2019/2020-2023/2024 business plan of Bristol Energy Limited, attached as Appendix A2 and Exempt Appendix J1, including the approval of the following in respect of the business plan period:

A. Increasing the total cash funding envelope available for BE from the previously approved £31.3m to £37.7m, to support the core energy supply business (for the avoidance of doubt, this total cash funding includes any funding provided to BE to date).

B. In respect of the total cash funding envelope, delegating to Director of Finance (s 151 Officer) in consultation with the Deputy Mayor for Finance and the Director of Legal and Democratic Services, authority to: (a) agree any phasing of the draw-down and other details of individual funding arrangements, and (b) negotiate, sign and enter into the necessary contract and agreements (including appropriate loans and guarantees in respect of such funding envelope).

2. Cabinet noted that the limit of the parent guarantees and collateral support will remain at previously approved level of £17.6m.

 

21.

2019/20 BCC Corporate Business Plan and Performance Framework pdf icon PDF 134 KB

Additional documents:

Decision:

1. Cabinet noted and support the Business Plan 2019/20 including feedback from Overview and Scrutiny Management Board (Appendix C).

2. Cabinet noted and support the Performance Framework 2019/20 including feedback from Overview and Scrutiny Management Board (Appendix C).

22.

2018/19 Period 10 Forecast Outturn Report pdf icon PDF 123 KB

Additional documents:

Decision:

1. Cabinet approved the allocation of an additional £1.0m budget to provide for Clean Streets action plan as per the supplementary estimate set out in Appendix B.

2. Cabinet noted the overall forecast outturn position for general funded services is an underspend of (£0.7m) which is 0.2% of the revised budget (Appendix A -Table 1). This will be managed as part of the final accounts by reviewing the planned movements to and from reserves that have been assumed in the forecast.

3. Cabinet noted the forecast underspend position with regard to the Housing Revenue Account has increased by a further (£3.3m) to a forecast year end position of (£9.7m) (Appendix A4).

4. Cabinet noted the movement in the DSG forecast of £0.3m, which reduces the forecast carry forward underspend to (£0.1m) (Appendix A5).

5. Cabinet noted the further reduction in required drawdown from Public Health reserve to £1.7m, from an original plan of £1.8m (Appendix A6).

6. Cabinet noted the current forecast capital spend of £145m against the capital programme budget of £161m (Appendix A – Table 3).

7. Cabinet noted the forecast net drawdown in reserves of £22.6m (Appendix A - Table 4).