Agenda and minutes

The minutes of the Executive meeting, held on 24 November 2020, were submitted and approved as a correct record.

The Executive Member for Adult Social Care and Public Health and the Director of Adult Social Care and Health Integration submitted a report for the Executive’s consideration. The purpose of the report was to provide an update on directions received from the Department of Health and Social Care (DHSC).

On 18 September 2020, the DHSC published a policy paper entitled “Adult Social Care: our COVID-19 winter plan 2020 to 2021”. The paper set out the key elements of national support available for the social care sector for winter 2020 to 2021, as well as the main actions to take for local authorities, NHS organisations, and social care providers.

In support of the health and social care sector, the DHSC described their commitment, details of which were included at paragraph 4 of the submitted report.

The DHSC paper outlined the key actions to be taken by local authorities and NHS organisations in support of collaboration and best practice entering into the winter. The key actions were contained at paragraph 5 of the submitted report.

Staff from Adult Social Care, Public Health and Commissioning had worked throughout the pandemic (to date) in order to deliver effective support to users of social care, their carers and the providers that the Council worked alongside. Considerable learning from the “first wave” had been incorporated into preparations for the winter and confirmation had been provided to the DHSC, as required, that the recommendations of the 18 September 2020 paper would be delivered during winter 2020 to 2021.

On 13 October 2020, the DHSC had written to all Directors of Adult Social Services describing the details of the designation scheme, assured by the Care Quality Commission (CQC), of premises for people leaving hospital who had tested positive for COVID-19 and were transferring to a care home. The requirements of the “Designated Settings” scheme were included at paragraph 9 of the submitted report.

The designated settings process would be operated by the CQC providing assurance that each ‘designated accommodation’ had the policies, procedures, equipment and training in place to maintain infection control and support the care needs of residents.

Local authorities were asked to identify sufficient designated accommodation to meet current and future demand over winter and notify the CQC of those facilities by 16 October 2020. Five care homes within Middlesbrough had volunteered to participate in the scheme and the CQC were duly notified. Based on demand for COVID-19 positive discharges, modelled by James Cook University Hospital, that had been reduced to three potential care homes in Middlesbrough with the focus being on sites where a separate stand-alone unit existed or a setting with separate zoned accommodation.

It was important to note that the CQC had a limited capacity to undertake assurance visits and the option was therefore not available to seek to have all residential care homes approved as “designated settings” (nor do all care homes possess the necessary physical infrastructure). In practice that meant that, for individuals who were COVID-19 positive and in need of  ...  view the full minutes text for item 20/78

The Executive Member for Adult Social Care and Public Health and the Director of Regeneration and Culture submitted a report for the Executive’s consideration. The purpose of the report was to provide an overview of Middlesbrough’s Leisure Indoor Built Facility Strategy, with a view to its adoption by the Council, for use as a point of reference for decisions pertaining to Middlesbrough’s sport/leisure built facilities.

The Leisure Indoor Built Facilities Strategy (IBFS) was intended to provide clear direction to all partners to enable them to plan and develop programmes of activity within modern, efficient and sustainable community-based sport/leisure facilities. The strategy aimed to ensure that Middlesbrough residents had the opportunity to develop their physical, sporting, health and wellbeing ambitions within their local community. The strategy was included at Appendix 2 of the submitted report.

The Middlesbrough IBFS, undertaken by specialist sport and leisure consultants, Knight Kavanagh and Page (KKP), was for the 15-year period 2019 - 2034. The recommendations made within the IBFS were drawn from the IBFS Needs Assessment, also undertaken by KKP.

Central to the IBFS was Sport England’s directive that local authorities should seek to protect, provide and enhance its indoor/built sport/leisure facilities.

The IBFS Needs Assessment was attached at Appendix 1 of the submitted report. The Needs Assessment had identified key points in relation to Middlesbrough’s sport and leisure indoor built facilities and those were identified at paragraph 8 of the report.

Utilising the evidence gained in the IBFS Needs Assessment, KKP had identified a number of key strategic objectives the Council may have wished to consider. Those objectives were detailed at paragraph 9 of the report.

OPTIONS

The Council could have chosen not to adopt the IBFS, however, that approach had not been recommended for the following reasons:

a)     It would have undermined the strategic rationale for decisions pertaining to sport/leisure built facilities.

b)     The lack of a strategic rationale, for decisions pertaining sport/leisure built facilities, would have significantly hampered the capability of the Council to work with partners to attract external investment in projects.

ORDERED

That Middlesbrough Leisure Indoor Built Facility Strategy be adopted for use, as a source of reference, in decisions pertaining to Middlesbrough’s sport/leisure indoor built facilities.

REASONS

To provide the Council with a strategic foundation upon which to make decisions relating to the protection, provision and enhancement of Middlesbrough’s sport/leisure indoor built facilities. The same strategic basis would also increase the Council’s capacity to work with partners to attract investment in projects that protect, provide and enhance the town’s sport/leisure built facilities.

The IBFS had been delivered through consultation with all relevant stakeholders, following the guidelines set out by Sport England.

The Executive Member for Adult Social Care and Public Health and the Director of Regeneration and Culture submitted a report for the Executive’s consideration. The purpose of the report was to provide an overview of Middlesbrough’s Playing Pitch Strategy, with a view to its adoption by the Council, for use as a point of reference for decisions pertaining to Middlesbrough’s playing pitches.

The Playing Pitch Strategy (PPS) was a document that provided an evidence base to enable the Council to maximise the amount of high quality playing pitch surfaces, and playing pitch ancillary facilities, for its residents while understanding the need to meet planning and housing requirements.

Central to the PPS was Sport England’s directive that local authorities should seek to protect, provide and enhance its playing pitches.

The aim of the PPS was to deliver against the following drivers:

a)    providing a critical piece of the evidence base required for the preparation of the Middlesbrough Council Local Plan, through the provision of a clear strategy and action plan with owners and defined timescales for completion;

b)    recognition of the importance of outdoor physical activity and sport and the clear demonstration of how those should be prioritised within any development or regeneration project;

c)     provision of an evidenced based approach and the management of a clear sign-off and governance structure for key stakeholders; and,

d)    evidence to support a wider review into sport and physical activity provision, including housing and population growth projected in neighbouring local authorities.

An outline of the issues or opportunities identified by the PPS, and their accompanying strategic recommendations, could be found at Appendix 1 of the submitted report.

To facilitate the development of sport and physical activity across Middlesbrough, the PPS advised that the Steering Group, set up as part of the Playing Pitch Strategy project, continued to work together to deliver the recommendations defined as part of the strategy.

Attached at Appendix 2 of the submitted report was the needs assessment, which provided an up to date analysis of supply and demand for playing pitches (grass and artificial) in a local authority area. Attached at Appendix 3 was the strategy document, which provided the Council with a clear evidence base and set of recommendations for future outdoor sports facility development.

OPTIONS

The Council could have chosen not to adopt the PPS, however, that approach was not recommended for the following reasons:

a)    It would have undermined the strategic rationale for decisions pertaining to playing pitches and frustrated the Council’s development aspirations and priorities. That may have led to decisions taken by the Council being challenged by Sport England, which may have then had further implications for the planning process, the delivery of the Local Plan, and achieving the Council’s housing targets; and,

b)    The lack of a strategic rationale for decisions pertaining to playing pitches would have significantly hampered the capability of the Council to work with partners to attract external investment in projects.

ORDERED

That the Middlesbrough Playing Pitch Strategy be adopted for  ...  view the full minutes text for item 20/80

The Executive Member for Communities and Education and the Director of Education, Prevention and Partnerships submitted a report for the Executive’s consideration. The purpose of the report was to provide an update on:

·         the progress made by looked after children in school; and

·         recent changes to the way those children were supported by the Virtual School.

The Local Authority’s Virtual School was expected to publish an Annual Report. The Annual Report was usually made available in April of each year, following the final release of validated examination grades and progress measures by the Department of Education. Middlesbrough’s Virtual School published an Interim Annual Report mid-way through the reporting cycle, to provide for greater transparency and to ensure stakeholders could access up to date information.

The Interim Annual Report, which was attached at Appendix A to the submitted report, provided information on the work the Virtual School had undertaken to support children, training that had been delivered, research activities and steps taken during the COVID-19 crisis. The report also provided information on the financing of the service and on how the children had performed in external examinations.

OPTIONS

No other options had been considered. The report set out the strategy which ensured that the Council fulfilled its statutory obligation to prioritise the education of looked after children.

ORDERED

That the content of the report be noted.

REASONS

Middlesbrough Council had a statutory obligation to ensure that the education of looked after children was prioritised. The Interim Annual Report provided assurance that the Council was complying with that duty.

The Executive Member for Environment and the Director of Environment and Community Services submitted a report for the Executive’s consideration. The purpose of the report was to seek approval/endorsement for additional capital investment to carry out principal and general inspections and repairs on the Council’s bridge and structures assets.

The Council, as a Highway Authority, was responsible for the repair and maintenance of a large number of bridges and structures throughout Middlesbrough including 106 bridges, 65 culverts, 8 subways and underpasses, 3 gantries and 27 retaining walls.

Highways England guidance stated that principal inspections should be carried out every six years and the Council currently had 100 structures that required a principal inspection and a further 98 structures that required a general inspection. In addition to those inspections, critical works were required to 5 bridges and structures and general maintenance required to a further 22 bridges and structures, which needed to be programmed for repairs. The cost estimates to undertake those remediation works were far in excess of the Council’s available annual Highway Maintenance Block Funding budgets.

The total estimated cost, for inspections and repair works already identified, was £4.54m in addition to the £400k already committed.

Future years funding requirements, to complete the inspection programme and carry out repairs identified, were included at Table 1 in the submitted report.

OPTIONS

Not approve the capital investment in the highway infrastructure - That had not been recommended as not carrying out the necessary inspection or repair works on the strategic route network, and the A66 in particular, would have had a major impact on the local network, with little resilience available for alternative routes through the urban city centre of Middlesbrough.  It would have eventually led to severe disruption to the highway network and significant additional cost for additional repair works that may have otherwise been avoided with a programmed maintenance regime in place.

ORDERED

That £2.098m of additional capital funding, for highways infrastructure investment, be approved to enable the immediate inspection and repair works identified to be carried out.

REASONS

The majority of the works required were on structures either on, or over, the Council’s strategic route network. When incidents occurred on the strategic network, requiring works that affected the capacity of the routes such as closures of lanes, or whole sections, then the impact on the network was significant. Completion of the principal and general inspections, and carrying out the necessary repair works already identified, would fulfil the Council’s statutory duty to maintain its highway infrastructure, would have beneficial effects and improve the overall highway network. In the event of a partial failure of any of the identified structures, the best scenario would require weight limits to be enforced, lanes closed and unplanned works to be carried out. In the worst case scenario, as an alternative to planned structural repairs, would be structural failure of one or more of structures with consequential sudden closures and chaotic dispersion of traffic, (both private vehicles and HGVs), through the centre of Middlesbrough.  ...  view the full minutes text for item 20/82

The Executive Member for Environment and the Director of Environment and Community Services submitted a report for the Executive’s consideration. The purpose of the report was to consider the approval of a new nature reserve for Middlesbrough and to designate it a new Local Wildlife Site (LWS): The Lower Ormesby Beck Nature Reserve (LOBNR).

The designation of the site supported the Council’s emerging Green Strategy in two main areas:

a)     Sustainably manage and develop green spaces - to increase and improve biodiversity by creating rich and diverse habitats.

b)     Land and Nature - to protect and restore land for the benefit of people and wildlife.

The reason for the designation was due to its rich biodiversity with habitat of urban grassland, reed bed and stream margins with 170 plant species recorded, including three species of orchid. 45 bird species had been seen/heard on-site and 13 species of butterfly had been found, including the increasingly rare Dingy Skipper butterfly (a UK Biodiversity Action Plan Priority Species). In addition, the presence of water voles in the beck corridor and two species of bats had been recorded making it a highly diverse site and qualifying it for designation as a Local Wildlife Site.

The site had been proposed as part of a wider application for a Local Wildlife Site (LWS) by the Tees Valley Nature Partnership (TVNP), which had been submitted to the Council’s planning section and was awaiting a decision.

An image, identifying the two site options, had been attached to the submitted report. The options available were as follows:

·        Option 1: Designate the whole site as a Local Wildlife Site and nature reserve to include both development Site 1 and Site 2, as proposed by the Tees Valley Nature Partnership.

·        Option 2: Designate only Site 1 as a Local Wildlife Site and retain Site 2 for commercial development, whilst retaining the beck corridor with the option to designate that separately as a Local Nature Reserve (LNR).

OPTIONS

To not approve the site in whole or in part as a nature reserve, could have potentially led to the site being used for development, which in turn could have resulted in permanent loss of a valuable habitat. In either case, the Council had a duty to protect valuable habitat and put in place appropriate measures to do so. That could be by providing mitigation, compensation or nett gain in improving habitat in another location. The Local Authority did have an obligation to show due regard to protecting biodiversity as part of its duty under the NERC Act. It could accept the proposal as submitted or modify the boundaries as was deemed fit.

There was a current proposal for an electric re-fuelling station on Site 2, which would be not only be a first for Middlesbrough but a valuable asset for the town as a whole.

Any development on either site would have to give due regard for biodiversity and provide a degree of protection for any valuable habitat, and also seek to offset  ...  view the full minutes text for item 20/83

The Executive Member for Environment and the Director of Environment and Community Services submitted a report for the Executive’s consideration. The purpose of the report was to provide information on the current status of the Transporter Bridge, highlight what works were initially required and to seek approval/endorsement to identify funds and to carry out initial repairs.

A 10 year maintenance plan was required and was included at paragraph 10 of the submitted report.

Future potential options for the future of the Transporter Bridge were detailed in the submitted report in ascending order of structural intervention and depended upon the anticipated use of the bridge. All bridge operating options would still require the implementation of a 10 year maintenance plan, which in addition to the costs identified would require a maintenance/repair and inspection regime. The two options contained in the submitted report were as follows:

·        Option 1: leisure and cultural attraction with gondola suspended from the bridge (retaining lift and high level access) - further details and the cost implications of the 10 year maintenance plan were provided at paragraph 14 of the submitted report.

·        Option 2: continue to use bridge as an operational Transport Bridge and leisure and cultural attraction – further details and the cost implications for 10 year maintenance plan were provided at paragraphs 15 to 21 of the submitted report

The Mayor advised that a Transporter Bridge Working Group was being established and a founding member was a local historian, Tosh Warwick. Those who were passionate about the bridge were encouraged to engage with the group.

OPTIONS

Not approve the capital investment in the Transporter Bridge - that had not been recommended as the bridge in its current condition could not be used for operational or recreational purposes. Not carrying out the necessary inspection or repair works would have had a detrimental effect on the ongoing structural stability of the bridge. Further temporary mitigations to maintain the bridge in a safe condition were not designed to be more than short term temporary solutions.

ORDERED

1.      That the immediate capital funding, to carry out the essential structural repair works required to ensure the Transporter Bridge remains structurally stable, be approved.

2.      That a consultation on the proposed future operating models of the bridge be undertaken.

REASONS

Completion of the inspections, and carrying out the immediate repair works identified, would fulfil the Council’s statutory duty to maintain its infrastructure, and also ensure that the Transporter Bridge could either return to use or remain as a tourist attraction and historic landmark for the foreseeable future.

The Director of Finance and the Executive Member for Finance and Governance submitted a report for the Executive’s consideration. The purpose of the report was to set the Council tax base for the financial year 2021/2022 by the statutory deadline of 31 January 2021.

The starting point for the calculation of the 2021/2022 tax base was the number of dwellings on the Valuation List, provided by the Government’s Valuation Office. The figures were also adjusted for exempt dwellings and for dwellings subject to disabled reduction.

The number of chargeable dwellings in each band was further adjusted for discounts, exemptions, premiums and council tax support.

The resultant figure (line 1 of Appendix A) was the total equivalent number of dwellings which were then converted using ratios (in line 2) into the number of Band D equivalents (line 3), specified in the 1992 Act. For 2021/2022, the equivalent number of Band D properties was calculated at 35,697.9.

The council tax base was finally determined by multiplying the sum of the Band D equivalents by the Local Authority’s estimated collection rate, which had been assumed at 96.6% for 2021/2022. That was the estimate of the percentage of the 2021/2022 Council Tax set which would be collected in total, not the expected in year collection rate in 2021/2022. The rate used was re-considered each year and the rate of 96.6% used for 2021/2022 was a reduction from the 97.4% that had been used for 2020/2021, to reflect reduced assumed collection rates resulting from the effects of COVID-19. The resulting council tax base for 2021/2022 for the whole of Middlesbrough (Appendix A) was 34,484, rounded to a whole number.

Since 2013/14, the Council’s Housing Growth Strategy had delivered an increase in the Council Tax Base of 4,313 Band D Equivalent properties, an increase in Middlesbrough Council’s Tax Base of approximately 14.3%. The cumulative effect was approximately £7.6 million and reduced the need to make further annual savings within Council services by that amount.

The regulations also required a council tax base to be calculated for parishes, and similar calculations had been made for the parishes of Nunthorpe (Appendix B) and Stainton & Thornton (Appendix C). The council tax bases for 2021/2022 were 2,157 and 1,088 respectively, rounded to whole numbers.

The billing authority was required to notify the major precepting authorities (Cleveland Police and Crime Commissioner and Cleveland Fire Authority) of its council tax base within seven days of making the calculation, or no later than 31 January 2021.

OPTIONS

Not applicable to the report, as the Council had no option but to calculate a council tax base as it was a statutory requirement.

ORDERED

a)     That the contents of the report be noted.

b)     That the council tax base for 2021/2022 as 34,484 be endorsed.

c)     That 2,157 and 1,088 be endorsed as the council tax bases for the parishes of Nunthorpe and Stainton & Thornton respectively for 2021/2022.

d)     That the report be presented to Council on 13 January 2021, and that following approval the  ...  view the full minutes text for item 20/85

The Executive Member for Regeneration and the Director of Regeneration and Culture submitted a report for the Executive’s consideration. The purpose of the report was to set out the revised vision for the Stainsby scheme and to seek the approval to conduct consultation with the view of adopting the detailed masterplan as Design Guidance.

The development planned to provide:

·        over 40 hectares of additional green public open space with planting of 18,000 to 25,000 native trees and shrubs;

·        a commitment to the Council’s One Plant Living principles;

·        a new Country Park;

·        community amenities including play and sports provision; and,

·        housing within a landscaped setting.

The Stainsby scheme situated in West Middlesbrough had been allocated for housing in the Local Plan adopted in 2014. The 130 hectare site was designated for a minimum of 1,670 dwellings in a mixed and balanced residential community.

Stainsby North owned by Middlesbrough Council, known locally as Mandale Meadow, formed part of the overall Stainsby scheme and had been originally earmarked for circa 100 dwellings.

As part of the normal process of preparing the Stainsby North site for development, notice of intention to dispose of public space and notice of intention to appropriate open space for planning purposes was required. In response, objections to the development of housing, a spine road and the loss of green space had been received.

Following elections in May, a review of all Greenfield developments, including the Stainsby scheme, was conducted. In respect to the Council owned land at Stainsby North, it was proposed that the area would not be developed for housing.

A final draft of the masterplan was completed in November 2020 and was attached as Appendix 1 of the submitted report.

Taking into account both the public and political views in relation to the scheme, it was proposed that the Stainton Way Western Extension (SWWE) had to proceed but the allocated housing at Stainsby North did not.

The new masterplan aimed to provide a vision of a sustainable, mixed and balanced community set within an outstanding and engaging landscape, which included the creation of a new Green Flag country park with the following features:

·        16ha of new native woodland creation;

·        planting c.18,000-25,000 native trees and shrubs;

·        1.6km of new species rich/native hedgerow;

·        planting c.16,000-24,000 hedging plants;

·        planting 100+ hedgerow trees;

·        planting c.800 ornamental street trees and parkland trees; and,

·        planting c.300 fruit trees as part of public orchards.

The masterplan enhanced and extended existing habitats, such as Blue Bell Beck, Mandale Meadow and West Plantation, and created a wide range of new habitats. Those would interact and flow throughout the development providing a seamless transition between the built environment and the countryside, facilitating the movement of wildlife and people.

Appendix 2 of the submitted report outlined the essential and desirable criteria that needed to be achieved within the Country Park.

A discussion ensued and Members highlighted the progress that had been made since the original proposals were put forward and agreed in early 2019. Specific reference was made  ...  view the full minutes text for item 20/86

The Children and Young People’s Learning Scrutiny Panel had undertaken a review of Addressing Poverty Issues and the Impact on Learning. A copy of the full report was attached.

The scrutiny panel made nine recommendations upon which a response was sought from the relevant service area. The Executive Member for Communities and Education and the Director of Education, Prevention and Partnerships submitted a service response to the recommendations of the Children and Young People’s Learning Scrutiny Panel. A copy of the Action Plan was attached.

The Chair of the Children and Young People’s Learning Scrutiny Panel presented the final report to the Executive. The Executive Member for Communities and Education presented the service response.

ORDERED

That the content of the Children and Young People’s Learning Scrutiny Panel’s Final Report, on Addressing Poverty Issues and the Impact on Learning, be noted.

That the Action Plan, developed in response to the scrutiny panel’s recommendations, be approved.

REASON

It was a requirement that Executive formally considered the Scrutiny Panel's report and confirmed the Service Area's response to the Panel's accompanying plan.

The Mayor had granted approval for an additional item to be considered by the Executive entitled Residual Waste Collections. The report was an urgent item and, following agreement from the Chair of the Overview and Scrutiny Board, was exempt from call in procedures.

The Executive Member for Environment and the Director of Environment and Community Services submitted a report for the Executive’s consideration.

At the previous meeting of the Executive, held on 24 November 2020, the Executive had agreed to introduce fortnightly refuse collections. Following that decision, the Executive had considered further information in respect of the Council’s financial position, which had removed the need to introduce alternate week collections in 2021/22.

It was planned that a report would be presented to the Executive in February 2021, which would outline those initiatives aimed at promoting recycling, including:

·        an education programme promoting recycling in schools and universities;

·        a marketing strategy to increase recycling rates and introduce expanded community roadshows to ensure that participation rates increased;

·        the re-labeling of recycling bins so residents were clear on what could be recycled so that residents recycled a wide range of materials; and

·        encouraging the use of additional recycling bins by residents where required so that recycling material did not enter the residual waste bin.

A communication exercise around recycling would include:

·        refuse vehicle side advertising;

·        recycling roadshows (maximising recycling opportunities);

·        social media updates - including short videos;

·        website updates; and

·        leaflets

OPTIONS

To continue with the introduction of alternate weekly collections - That had been discounted and maintaining weekly collections was considered favourable in the present circumstances.

ORDERED

1.     That alternate weekly collections would not be introduced.

2.     That a report be presented in February 2021, outlining a recycling engagement approach.

REASONS

The Executive have reconsidered their decision around the introduction of fortnightly waste collection.