To approve as a correct record the minutes of Cabinet held on 21 February 2024.

The minutes of the Cabinet meeting held on 21 February 2024 were approved as a correct record.

To receive additional items that the Chair is of the opinion should be considered as a matter of urgency, in accordance with Section 100B (4) (b) of the Local Government Act 1972.

There were no items of urgent business.

No interests were declared.

The Leader confirmed the story that legal action to try and recover losses incurred with dealings with Liam Kavanagh was true and that legal proceedings had commenced but stated those proceedings would take time. The Leader assured residents that once information was available, residents would be told.

The Leader stated the annual budget had been passed where many hard decisions had been made to secure a budget and were able to maintain libraries and school crossing patrols as well as other frontline services which mattered most to residents. The Leader stated although hard decisions had been made the council were committed to make the best decisions for the future of Thurrock.

The Leader announced the disappointing news that the Gravesend to Tilbury Ferry would be pausing for a short period of time as the current contractor had decided not to continue with the service. The Leader reassured residents that the council are doing everything possible to secure an alternative service.

The Leader attended and celebrated International Women’s Day last Friday an event hosted by Councillor Deborah Arnold for local artists, business, council staff and elected members. The Leader stated that a really interesting talk by the local artist, Jackie Burns, was given and urged those interested in space and art to take a look at her work.

The Leader welcomed the return of the much-needed Corringham Post Office and was sure the return of this was welcomed by all in the local community.

Councillor Carter announced some education news that following Olive Academy’s application for a new free school this had been granted by this year’s budget and looked forward to working with them to provide this.

There were no petitions submitted by members of the public.

The Leader informed the chamber that two questions had been received and in the absence of Councillor Johnson, himself and Ewelina Sorbjan would be replying to these this evening.

There were no matters referred to Cabinet for consideration by an Overview and Scrutiny Committee.

Item noted.

Officers presented the report by stating that on 8 November 2023 Cabinet approved the procurement of a single Delivery Partner to consolidate all housing works contracts through a Partnership Delivery Model. This in turn enabled the publication of the formal Contract Notice on the Government Tenders portal on the 15 December. An update report to Housing Overview and Scrutiny Committee and Cabinet had been provided in January 2024 addressing details of the Contract Notice, the term and potential monetary value of the contract. A further update report was provided to Cabinet on 15 February 2024 which provided details of the feedback from the market engagement exercise and the subsequent evolution of the Partnering Model. Following the issuing of the corrigendum and the Tender Briefing detailed in the February update report to Cabinet the timeline for the submission of the selection questionnaire was restarted with the new deadline for submission being 23 February. Cabinet was requested to note that the Council received five submissions for the Selection Questionnaire from the market. The evaluation of the submissions will conclude on 7 March. The bidders shortlisted to proceed to the next stage of the process would be invited to Submit Outline Solutions on 20 March. The deadline for these submissions will be the 24 April. Monthly updates to Cabinet on this procurement exercise will continue. Other than the update provided in the Executive Summary the contents of this report remain the same as the February update report to Cabinet.

No member comments were received.

RESOLVED

Members noted the contents of the report.

Councillor D Arnold presented the report that provided an in-year Quarter 3 position (as at the end of December 2023) in relation to the performance of a suite of service delivery, demand management and organisational health indicators.

Cabinet was given the opportunity to comment on the performance of the key corporate performance indicators and to identify any additional consideration in future corporate performance reports. No member comments were received.

RESOLVED, Cabinet

Noted upon the performance of the key corporate performance indicators.

Councillor Coxshall presented the report that set out the proposed uplifts for adult social care service for 2024/25, the financial impact of which had been reflected in the Medium-Term Financial Strategy. The Leader agreed that it was right to have these increases. Councillor D Arnold also stated her agreement to the increases which she felt were incredibly reasonable. She also acknowledged the hard work being undertaken and the good relationship between officers and providers. Councillor Coxshall summed up by stating the council could not keep paying the same for the same service. Members were asked to note that recommendations 1.1 to 1.7 should read “That Cabinet approved the” and not “That the Committee commented on”.

RESOLVED

1.    That Cabinet approved the proposed 8.87% increase on the weekly rates paid to Thurrock care home providers for older people.

2.    That Cabinet approved the proposed 8.87% increase on the rates paid to CQC regulated domiciliary home care providers.

3.    That Cabinet approved the proposed 8.87% increase on the core fee rates paid to Thurrock care home providers for adults of a working age.
 

4.    That Cabinet approved the proposed 8.87% increase on the core fee rates paid to Thurrock supported living providers.

5.    That Cabinet approved the proposal to negotiate with out of Borough providers for adults of a working age and supported accommodation providers on a case-by-case basis, and to award up to an 8.87% increase to the core fee rates. Final Version ready for Cabinet/ Executive decision.

6.    That the Committee Cabinet approved the proposed 8.87% increase in the Direct Payments rates.

7.    That Cabinet approved the proposal to delegate the decision making for agreeing care provider fee uplifts to the Executive Director of Adults Housing and Health, in consultation with the PFH for Health, Adults Health and Community.

Reason for decision: as outlined in the report.

This decision is subject to call-in.

Councillor Jefferies presented the report that had been prepared to inform Cabinet of a new policy imposing financial penalties for breaches of legislation relating to Letting Agents and Landlords.

No member comments were received.

RESOLVED

1.    Cabinet noted the contents of this report.

2.    Cabinet approved the financial penalties policy for the enforcement of consumer protection legislation relevant to Letting Agents and Landlords, so it can be implemented within our Enforcement Policy.

Reason for decision: as outlined in the report.

This decision is subject to call-in.

Councillor Jefferies presented the report on the Local Enterprise Partnerships that had been set up by Government in 2011 as business-led partnerships bringing together the public, private and education sectors to have a central role in determining local economic priorities and undertaking activities to drive growth and job creation. The South-East LEP was the largest of the 38 English LEPs and had brought together three counties (Kent, Essex & East Sussex) and three Unitary Authority areas (Southend, Thurrock & Medway). On 4 August 2023, Government confirmed that it would withdraw support for Local Enterprise Partnership from April 2024 and transfer responsibilities for functions delivered by the Local Enterprise Partnership to upper tier and combined local authorities. Following a recent South-East LEP Strategic Board Decision, South-East LEP was now working towards its closure in March 2024 with the responsibility for its core functions being transferred to upper tier local authorities.

No member comments were received.

RESOLVED, Cabinet

Noted and agreed the South-East Local Enterprise Partnership (SELEP) proposed integration plan.

Reason for decision: as outlined in the report.

This decision is subject to call-in.

Councillor B Maney presented the report that set out how the Transportation Services team would prioritise the annual funding allocation from the Department for Transport (DfT) Integrated Transport Block Capital Programme (ITB). This funding would be allocated to enable Thurrock Council to deliver identified policy improvements, infrastructure, and service provision within Thurrock in the 2024/25 financial year. The report also sets out how the Highways DfT Maintenance Block Allocation and Pothole Fund for 2024/25 for the Highways Maintenance Service would be prioritised in alignment with Thurrock Council’s Highways Asset Management Strategy and the DfT’s Highways Maintenance Efficiency Programme. The Leader welcomed the report and stated the jet-patching used for potholes was a brilliant machine that would enable more potholes to be filled in the borough. Councillor B Maney stated the Government had awarded the council an increased amount of funding for pothole work which would enable the roads in Thurrock were kept to a serviceable condition. Councillor Coxshall questioned the timelines going forward for electric vehicle charging points within the borough to which Councillor Maney confirmed there was a commitment to providing a suite of electric charging points, that would allow residents to have access to more public charging points in the borough.

RESOLVED

1.    That Cabinet approved the 2024/25 Integrated Transport Block capital programme allocations and proposed prioritisation for the agreed policy areas of Road Safety Engineering, Safer Routes to Schools, Area Intervention Programme and Electric Vehicle Charging programme (as detailed in Appendix A).

2.    That Cabinet approved the 2024/25 Highways Maintenance Block Allocation and Pothole Fund Programme (as detailed in Appendix B).

3.    That Cabinet approved that delegated authority would be given to the Interim Executive Director of Place, in consultation with the Cabinet Member for Regeneration and Highways, to make any required changes to the ITB programme and the Maintenance programme, for 2024/25, within the overall programme budget, as well as other government funding allocations that may arise within the year to ensure delivery of the programme and to ensure the efficient expenditure of the grant allocations.

Reason for decision: as outlined in the report.

This decision is subject to call-in.

Councillor D Arnold presented the report that set out the licence requirements, current engagement details, procurement requirements along with Options to proceed. Councillor Coxshall agreed this was the sensible thing to be undertaken as triaging residents in this way would make life easier in getting their queries solved and freeing up time for council staff to tackle other issues.

No member comments were received.

RESOLVED

1.    Agreed and supported the proposal to conduct a procurement exercise for the commissioning of the contract referred to below.

2.    Approved delegation to the Executive Director of Corporate Services, in consultation with the Portfolio Holder and Section 151 Officer, to award the contract following completion of the procurement process.

Reason for decision: as outlined in the report.

This decision is subject to call-in.

Councillor B Maney presented the report that set out the business case for the development of Thurrock Youth Zone on Anchor Fields. This was a youth focused initiative that was being promoted by the Tilbury Town Fund Board, to be delivered by the national Youth Charity OnSide and funded from a variety of external sources. The report sets out the strategic need for the facility and the benefits that will deliver on improving outcomes for young people in Thurrock through a tried and tested approach. The report set out the unique capital funding structure that would fund the build of the facility and how it would be funded once operational.

The report also set out the proposed delivery mechanism for the project including details of the proposed Funding Agreement, Agreement for Lease and Lease. This Cabinet report follows the Cabinet Report on 13 July 2022 (which set out the development of the programme and projects as at this date) and Cabinet reports dated 13 January 2021 and 7 July 2021, which discussed the initial programme. Planning Committee on 26 October 2023 resolved to grant planning consent for the Youth Zone subject to the completion of a Section 106 agreement. The Leader stated this was an exciting and a transformational project for the whole of the borough. He thanked all parties involved for their support to ensure this project happened. Councillor Carter also agreed how fantastic this site was and how great it would be for the local area. Councillor D Arnold echoed the Leaders and Councillor Carter’s comments and had the privilege of attending this initiative in Barking and Dagenham.

RESOLVED

1.    Cabinet noted progress on the delivery of the Youth Zone project.

2.    Cabinet approved the proposed Heads of Terms for the Thurrock Youth Zone Lease set out in paragraph 3.39 and delegates authority to the Chief Finance Officer in Consultation with the Executive Director of Law & Governance to agree the terms of the Development Agreement, Capital Funding Agreement and Lease.

Reason for decision: as outlined in the report.

This decision is subject to call-in.

Councillor Carter presented the report that sought Cabinet approval on the option proposed within this report including the approval of additional spend that was required for the expansion of Tilbury Pioneer Academy. The report also sought Cabinet approval of £1M to proceed with works to convert a council owned building in Northview Avenue, Tilbury to a secondary SEMH (Social, Emotional, Mental Health provision, which will be run by Olive Academy. The works would be funded from the DfE SEN Capital Grant (not Council general fund), which has sufficient funds available. Additionally, this report provided an update on current capital projects managed by Thurrock Council which form part of the current school capital programme outlining the progress that has been achieved since the last report to Cabinet in March 2023. Councillor Carter stated that there had been unanimous agreement at the Children’s Services Overview and Scrutiny Committee held on the 12 March 2024 to support recommendation 1.2 to Approve a budget of £4.75m and made that recommendation to cabinet.

RESOLVED

1.    Approved a budget of £4.75M budget for the new build works to allow for the expansion of Tilbury Pioneer Academy to be funded from the School’s Basic Need capital funding 2023/24.

2.    Approved the commencement of the procurement process in accordance with Council & UK procurement procedures to vary the appointment and scope of works to be undertaken by the Multi Discipline design team for the Tilbury Pioneer Expansion Project and appoint the Principal Contractors to take forward the proposed desired scheme.

3.    1.3 That authority be delegated to the Director of Children’s Services, in consultation with the Education Portfolio Holder, to enter into any form of agreement following the award of the agreements arising from 1.1 or 1.2 above in compliance with the Council’s procurement regulations.

4.    Approved a £1M budget for alternation works in Northview Avenue, Tilbury to allow for a secondary SEMH provision to be funded from SEN Capital government grant 2023/24.

5.    Noted the recent in-year accommodation works that have commenced and completed in order to ensure sufficient pupil places for 2023/2024.

Reason for decision: as outlined in the report.

This decision is subject to call-in.

Councillor Carter presented the report that as a result of the proposed changes, approval by Cabinet was required. The updated policy would be referred to as the Home to School Travel and Transport Policy “the 2024-25 Policy”. This policy replaced the Home to School Travel and Transport Policy 2021. Councillor Carter provided members with some clarity over the voting that look place at the Children’s Services Overview and Scrutiny Committee on the 12 March 2024. Councillor Carter clarified that the promoting of the independent travel would be in the interest of both children and families but also to the council. Councillor Carter also clarified that the charges being brought in were completely in line with Essex. Councillor Snell questioned whether any alternative plans had been proposed by the children’s services overview and scrutiny committee members who opposed to the recommendation. Councillor Carter stated a suggestion was made by the vice chair for a slider system where the contribution could be reduced for low-income families and confirmed following discussions with officers this would not be viable. Members were asked to note that recommendation 2 should say “each week” not “each year”.

RESOLVED

The proposed recommendations below to commence from 1st April 2024 for the start of the academic year 2024/25 for new families applying for travel assistance.

1.    Cabinet agreed and adopted the new individual SEND and Mainstream Home to School Travel and Transport Policies 2024-2025 for statutory school age pupils aged 5 to 16 years.

2.    Cabinet agreed to implement a weekly parent contribution towards SEND Post 16 travel assistance each year of £23.69, this is reduced to £11.85 for low-income families.

Reason for decision: as outlined in the report.

This decision is subject to call-in.

Officers presented the report that advised Cabinet on a proposed redevelopment of numbers 158 - 228 (evens only) Teviot Avenue and sought approvals related to the redevelopment of the dwellings. The report proposed a site area for redevelopment and sought authority for the vacation of the dwellings and the making of appropriate payments to displaced residents. The report identified the structural defects and repair liability for these flats. It described the options appraisal that concluded that demolition of the existing buildings and development of an increased number of homes on the site was the option presenting the greatest value for money.

RESOLVED, Cabinet approved

1.    The proposed site area for the redevelopment of numbers 158 – 228 (evens) Teviot Avenue.

2.    Commencement of decanting residents from these properties and the treatment of these residents in line with the Council’s allocations policy.

3.    Payment of home loss and disturbance payments as appropriate.

4.    Commencement of negotiation with leaseholders for the repurchase of properties and completing the purchases with such actions delegated to the Executive Director Adults Housing and Health in consultation with the Chief Financial Officer and the Portfolio Holder for Finance, Human Resources and Payroll, and the Portfolio Holder for Children’s Services and Housing.

5.    Subject to further Cabinet approval the use of Compulsory Purchase Powers under s226 Town and Country Planning Act 1990 should this become necessary.

6.    Service of a demolition notice under Section 138B and Schedule 5A of the Housing Act 1985 that will confirm the Council’s intention to demolish the buildings and suspend the obligation on the Council to complete right to buy applications on the dwellings within the agreed site boundary.

7.    Approval to negotiate and settle any statutory compensation claims made by residents as a result of the service of the Initial Demolition Notice with such actions delegated as at Paragraph 1.4 above.

8.    Approval to establish a budget of £1.0m to meet the costs of purchase of leasehold interests.

9.    Subject to Government agreement to borrowing, approval is given to launch a procurement process to obtain a main contractor for detailed design and construction and to delegate to the Corporate Director for Adults Housing and Health in consultation with the Leader, Cabinet Member for Children’s Services and Housing, Commissioners and Section 151 Officer, the decision to make the necessary contract awards.

Reason for decision: as outlined in the report.

This decision is subject to call-in.

Officers presented the report that updated Cabinet on the development of the Business Case for the redevelopment of Blackshots tower blocks and took members through the considerations taken into account. The Leader congratulated Councillor Redsell and Councillor B Maney on their campaign that had been ongoing for nearly 15 years. The Leader allowed Councillor Redsell to speak who praised the work of the Housing Team and raised her concern on the green belt piece of land which officers would look into and stated that the council could do things better such as new developments not having sufficient parking. Councillor B Maney welcomed the decision as this was a step in the right direction but questioned why the area that had been identified as a replacement playing field had not been considered for development rather than leaving the current King George playing as it current was. Councillor D Arnold stated this was an exciting time and asked for reassurance that support was being offered to those homeowners within the tower blocks. Councillor Carter congratulated members on their long campaign which was fully welcomed.

RESOLVED

1.    Cabinet agreed the design developed to date based on consultation and public engagement as a basis for procuring the next stage of the redevelopment.

2.    Cabinet agreed to progress to the next steps as recommended below based on the Business Case developed by the council’s advisers Avison Young.

3.    The council progressed the Blackshots project following the self-delivery approach.

4.    Subject to Government agreement to borrowing, approval was given to launch a procurement process to obtain a main contractor for further design and construction and to delegate to the Corporate Director for Adults Housing and Health in consultation with the Leader, Cabinet Member for Children’s Services and Housing, Commissioners and Section 151 Officer, the decision to make the necessary contract awards.

5.    In accordance with the business case model, agree to establish a budget of £70.385m for the projected estimated cost of the works to be funded by HRA borrowing in accordance with the proposed HRA business and capital programme, subject to DHLUC approval.

6.    Approved the procurement of relevant advisers for the council’s client technical team and delegate to the Corporate Director of Adults, Housing and Health in consultation with the Cabinet member for Children’s Services and Housing the award of contracts.

7.    Noted that a budget of £700,000 has been identified from within the existing Housing Revenue Account General Reserves to support the provision of the necessary advisers which will be accommodated within the existing HRA balance or funded from reserve should it prove necessary.

Reason for decision: as outlined in the report.

This decision is subject to call-in.

Officers presented the report that sought approval for an integrated Total Security Solution Contract for the period 2024/25, combining concierge, static guarding, access control, and intruder alarm response call outs. This procurement exercise allowed for one contract model to be in place of multiple security contractors across the council via a compliant framework agreement. The report reviewed the options considered to continue delivering security services in a more effective and efficient way.

RESOLVED

1.    Approved the procurement for an Integrated Total Security Solution Contract across council departments.

2.    Delegated authority to Corporate Director in consultation with the Portfolio Holder to award this contract following the PCR 2015 and the Council’s contract procedure rules.

3.    Noted that the new security contract will have a term of 3 years with an option to extend for further 2 years making the total contract term 5 years.

Reason for decision: as outlined in the report.

This decision is subject to call-in.

Councillor Jefferies presented the report that Council had consistently opposed National Highway’s current proposals for the crossing as they do not meet National Highways own objectives for the crossing and would create significant issues for Thurrock and Thurrock residents and businesses. The Council had fought hard for changes to the proposals or at the very least for improvements and mitigations that will help to address our concerns. National Highways had consistently failed to address these. The Council’s Lower Thames Crossing team negotiated hard with National Highways last year, to secure an improved agreement with National Highway to ensure that most of the cost of our attending the Examination into the proposal, between June and December last year, would be met by National Highways and not by the Council or Council taxpayers. The Council was as a result able to present our case in the strongest possible terms at the Examination, entering 31 submissions in response to the proposals.

The Council’s response has been praised by the Thames Crossing Action Group in their latest newsletter where they acknowledged ‘What was clear to us, was what a great job the council's LTC team did.’ A decision is now in the hands of the Secretary of State, Michael Gove. It was the Council’s view that his Examiners should either recommend refusal of the proposals as they stand or at the very least, make approval conditional on a range of improvements and mitigation measures that we have put forward being delivered. The Leader reiterated the council was still opposed to the current plan of the Lower Thames Crossing but acknowledged an additional route was needed but not in that particular area. The Leader also stated that until the Secretary of State had made a decision the council would not comment on any additional consultations and stated that Thurrock needed to be given more mitigation that what was currently being offered at this time.

RESOLVED

1.    That Cabinet noted the significant work undertaken by officers and consultants acting on behalf of the Council to present the Council’s position at the Lower Thames Crossing Development Control Order Examination between June and December 2023.

2.    That Cabinet endorsed the Council’s continued position that the proposals submitted by National Highways do not meet their own objectives for the crossing and that they should be recommended for refusal, unless approval was conditional on a range of improvements and mitigation measures as set out by the Council in its submissions to the Examination.

Dr Dave Smith presented the report that Local Government & Social Care Ombudsman had written to the Chief Executive on 12 February 2024 to advise they had completed their investigation into the complaint received by a Thurrock Council Resident citing the Council’s failure to provide a reliable and effective assisted bin collection service. Following its investigation, the LGO had found against the Council for causing injustice and had made several recommendations which the Council must conform with within three months of the decision as well as confirm the actions it had taken or proposed to take. The Council had accepted and actioned all these recommendations.

RESOLVED

That the final report by the Local Government and Social Care Ombudsman had been considered at Cabinet.

Councillor Snell presented the report that set out the estimated forecast revenue outturn position for 2023/24 for the General Fund, Housing Revenue Account (HRA), Dedicated Schools Grant (DSG), Public Health Grant and the capital programme.

Members had the opportunity to comment on the capital budget additions as set out in section 10.

RESOLVED

1.    That Cabinet noted the general fund overall forecast outturn position for Quarter 3 was reliant upon a Capitalisation Direction of £235m for 2023/24.

2.    That Cabinet approved the proposal, based on current projections, the contribution to the Treasury Equalisation Reserve of £9.6m and the Transformation Reserve of £9m (with final figures to be confirmed as part of the final outturn position).

3.    That Cabinet noted the positions set out in respect of the HRA (section 7), DSG (section 8) and Public Health (section 9) which project to deliver the budget within the existing funding envelopes.

4.    That Cabinet noted on the capital programme set out in section 10; the current projected General Fund slippage of £4.7m, the HRA slippage of £1.8m.

A full recording of this meeting can be viewed from the following link:

Cabinet - Wednesday 13 March 2024, 7:00pm - Thurrock Council committee meeting webcasts (public-i.tv)