Agenda and minutes

Apologies were received from Cllr Dr Mark McClelland.

To confirm and sign the minutes of the Cabinet meeting held on 29 November 2022.

The minutes of the meeting held on 29 November 2022 was presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 29 November 2022.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

The Leader declared an interest in agenda item 11 – Disposal Programme as he owned an industrial unit in the vicinity of another unit being considered as part of this agenda item. The Leader left the meeting during Cabinets consideration of this matter and did not speak or vote on the item.

The Leader announced the sad death of Emma Russell, the headteacher at Kennet Valley CofE Aided Primary School. Emma was a wonderful inspiration to her staff, pupils, governors and the whole school community and she will be greatly missed.

The Council welcomes contributions from members of the public. This meeting is open to the public, who may ask a question or make a statement. Questions may also be asked by members of the Council.  Written notice of questions or statements should be given to Stuart Figini of Democratic Services stuart.figini@wiltshire.gov.uk  01225 718221 by 12.00 noon on Wednesday 7 December 2022. Anyone wishing to ask a question or make a statement should contact the officer named above.

General questions were submitted from the following members of public:

• Andrew Nicolson – Active travel and livestock
• Dr Jimmy Walker – Parking outside schools
• Margaret Willmott – Active travel

Cllr Clewer, Leader of the Council and Cabinet Member for MCI, Economic Development, Heritage, Arts, Tourism and Health & Wellbeing explained that the questions had received written responses which were published on the Council’s website prior to the meeting in agenda supplement 2, which can be accessed here.

In addition to the public questions, a number of questions and comments were received from Cllr David Vigar in relation to Homes for Ukraine programme.

The above Councillor questions received written responses which were published on the Council’s website prior to the meeting in the agenda supplement 2, which can be accessed here.

      Report of the Chief Executive

Cllr Laura Mayes, Deputy Leader and Cabinet Member for Children’s Services, Education and Skills, and Cllr Jane Davies, Cabinet Member for Adult Social Care, SEND and Inclusion presented a report detailing proposals to invest in the substantial refurbishment of Silverwood School at the Chippenham and Trowbridge campuses to meet growing demand for special school places.  

The Deputy Leader reminded the Cabinet that they approved the establishment of a new maintained special school with a single leadership team for the existing St Nicholas and Larkrise Schools in November 2019 with the new school being known as Silverwood. Cabinet also approved the expansion of Silverwood to accommodate up to 400 pupils along with appropriate funding.

Cllr Davies commented on the importance of investing in high quality school places at both Chippenham and Trowbridge campuses, the launch of a formal consultation on the changes arising from the campuses proposed redesign and refurbishment, which included both sites becoming Primary phase campuses, and the transition of children and young people to the new site at Rowde.

The Leader confirmed his support for the proposals and noted that forecasting exact numbers was a difficult process, however place planning modelling has indicated that Wiltshire Council required an increase in provision year on year to meet growth. 

Cllr Ian Thorn welcomed the report and paid tribute to the parents, families and carers involved since the establishment of Silverwood. He commented on the following:

·       The Chippenham and Trowbridge campuses becoming primary phase and the impact on families of pupils transitioning to the Rowde site.

·       Welcomed the assurance that parents’ views will be considered and listened to during and following the consultation process.

Resolved:

I.               Cabinet meets its commitments made in November 2019 to consult on the future of the Silverwood School campuses, taking account of the forecast demand for special school places in Wiltshire and the views of  current and future stakeholders and, in particular, children and young people with SEND and their parent carers.

II.             Cabinet approves the use of the statutory processes, (under the ‘Making Significant Changes (Prescribed Alterations) to Maintained Schools’ Guidance November 2018) to launch a formal consultation on the proposed change to Silverwood School pupil numbers and the change in age range on the campuses. The proposal would create 75 Primary school places (Reception to Year 6) at the Chippenham campus and 75 Primary school places (Reception to Year 6) at the Trowbridge campus.

The consultation will be on the change of use of Chippenham and Trowbridge campuses (from all-through to Primary) and a change (reduction) in Silverwood pupil numbers. A consequence of this proposal is Silverwood Rowde would become the sole campus offering Secondary education for Silverwood students.

III.            Following formal consultation, Cabinet considers the proposal to retain and refurbish Silverwood School Chippenham and Trowbridge campuses, funded from pre-approved ‘Silverwood Phase 5’ capital funding.

IV.           Decision-making in respect of implementing the proposals in respect of Silverwood School is delegated to the Director of Education & Skills.

V.             Silverwood Phase 5 capital funds are already  ...  view the full minutes text for item 120.

      Report of the Chief Executive

Cllr Richard Clewer, Leader and Cabinet Member for Climate Change, MCI, Economic Development, Heritage, Arts, Tourism and Health & Wellbeing presented a report providing an update on progress of the Future Chippenham programme since the Cabinet decision in July 2022 to pause design work subject to reaching agreement on the revised Grant Determination Agreement (GDA) with Homes England.  

Cabinet received questions from Mel Boyle, Owen Inskip, Nick Parry, Richard Curr, Stewart Roberts, Helen Stride and Cllr Clare Cape in relation to this report, copies which were available to read in agenda supplement 2 on the Council’s website here.

Supplementary questions were asked by Owen Inskip, Helen Stride and Cllr Clare Cape. In response, the Leader and Cllr Botterill made the following comments, a copy of the recording is available at this link:

·       Emphasised that Future Chippenham and the Local Plan were not to be considered as the same issue.

·       The  response to cabinet questions should have included the Leaders designation alongside Cllr Botterill’s not just Cllr Botterill as was published

·        The allocation of sites for development will be determined as part of the Local Plan process

·       The original scheme was achievable subject to the local plan review and timing of key connectivity, however due to the increase in costs and inflation and lack of guaranteed timelines for connectivity risks for the Council have increased and delivery of the scheme is regrettably no longer within the risk appetite of the Council or affordable

·       As had already been confirmed as part of the Local plan review, the Council would be considering the changes to housing need figures from Government going forward

·       Improving connectivity along the A350 is necessary, especially to relieve congestion in Westbury and Melksham areas

·       Infrastructure led development  is the ambition of the Council as that responds to the concerns of communities as new development can if not properly masterplanned  leave them with necessary infrastructure coming along after residential development has taken place

·       Improvements could be made to the consultation process with communities in Chippenham and it was accepted that with the benefit of hindsight consultation in advance of the HIF application being made would have been beneficial.

The Leader reported that following Cabinet’s decision in July 2021 to seek a revision to the GDA with Homes England to support a southern only road route, and then in July 2022 to pause design work, further discussions have been taking place with Homes England. The Council is now in a position to affect a withdrawal from the HIF programme based on the mutually agreed exit from the GDA with Homes England.

The report detailed a high-level options appraisal of the existing 4 options available to the Council for its land holdings in the southern scheme. In order to comply with Cabinet’s resolution of July 2021 and July 2022 the report suggested option 4 should be pursued to promote the land to the South of Chippenham, as follows:

·       to continue working with landowners adjoining the Council’s land holdings to achieve  ...  view the full minutes text for item 121.

      Report of the Chief Executive

Cllr Jane Davies, Cabinet Member for Adult Social Care, SEND and Inclusion presented a report which outlined the proposals for adults’ home care service to be purchased through a two year Flexible Framework with the possibility of a one year extension.

Cllr Davies highlighted the reasons for a revised approach to the recommissioning of adults’ home care and that this approach would help to support and stabilise the market in the short term, provide an environment to review and pilot different concepts to inform future long term home care developments. The tender approach would take into consideration the challenges currently being faced by the market and be informed by Wiltshire 2022 Cost of Care exercise and Market Sustainability Plan.

Cabinet noted that due to the ongoing challenges being experienced the proposal to purchase adults’ home care through a one year Flexible Framework would be extended to a two year Flexible Framework.

The Deputy Leader indicated her support for the proposals and reported that Cabinet would consider similar proposals for Children’s home care later in the meeting. 

Cllr Christopher Williams, Vice-Chair of the Overview and Scrutiny Management Committee, on behalf of Cllr Johnny Kidney, Chair of the Health Select Committee reported that the Chair and Vice-Chair of the Select Committee received a briefing on 31 October 2022. They were fully satisfied with the proposals, and with the rationale behind them. They were also happy that there were no financial implications that required dedicated financial scrutiny.

Cllr Ian Thorn welcomed the proposals and asked for further information about how the Council would undertake co-production to develop a vision and model, and whether the proposals addressed the current market failures.  In response, Cllr Davies and officers highlighted the work to be undertaken with community groups, Area Boards, providers, voluntary and health sector partners, and confirmed that they would be working with the market as closely as possible to address any failures. 

Resolved:

1.    To agree that adult’s home care services are purchased through a two-year Flexible Framework with the possibility of a one year extension.

2.    To agree that officers continue to undertake to prepare and complete the tender programme, award and implement a new Flexible Framework contract for adult’s home care by 1st April 2023.

3.    To delegate authority to approve the new pricing model and associated uplift mechanisms, award a new contract, extension option and future mini competitions/pilots and all associated documents to the Director Procurement & Commissioning in consultation with the Cabinet Member for Adult Social Care, SEND and Transition and Inclusion, the Corporate Director People and Corporate Director Resources/Deputy Chief Executive.

Reason for decision:

The purpose of this paper is to provide an update to Cabinet on the Wiltshire Council procurement process for adults’ home care and sets out the revised approach that is being taken.

Cabinet is asked to agree:

·       the method outlined to complete a tender process that enables the purchase of adults’ home care provision through a Flexible Framework

·       a two-year Flexible Framework contract with the possibility  ...  view the full minutes text for item 122.

      Report of the Chief Executive

Cllr Jane Davies Cabinet Member for Adult Social Care, SEND, Transition and Inclusion presented a report detailing proposals  for the procurement of Pathway 2 bed capacity on the Wiltshire Care Homes Alliance platform.

Cllr Davies explained the rationale for purchasing new block contracts for the provision of bedding pathway 2 hospital discharge beds and reported that the service will be provided under a new hub model currently being piloted in the south of the county.  It was noted that the number of beds currently available under Pathway 2 are managed through block contracts which will end on 31 March 2023.

Cllr Christopher Williams, Vice-Chairman of the Overview and Scrutiny Management Committee, speaking on behalf of Cllr Johnny Kidney, Chairman of the Health Select Committee, confirmed that a detailed briefing was arranged for the Chair and Vice-Chair of the Select Committee on 30 November 2022. They were fully satisfied with the proposals and the rationale behind them. They were also happy that there were no financial implications that required dedicated financial scrutiny.

Cllr Ian Thorn commented on initial feedback received following the start of the pilot hub model and the number of days involved in the length of stay. In response officers explained that feedback from staff and patients had been positive, and since the pandemic a different criteria was being employed to asses individual needs with teams embedded in hospitals to ensure appropriate care is provided.

Cllr Clare Cape commented on culture change. In response Cllr Davies and the Leader noted how officers were doing more in this area and that each hospital had its own culture. The key aim being patients, when it is appropriate, should be supported at home.   

Resolved:

1. That a competition is conducted under the Wiltshire Care Home Alliance to award contracts for the provision of pathway 2 beds in accordance with the indicative timeline in this report, to establish contacts commencing on 1st April 2023.

2. To delegate authority to make decisions connected with the procurement and award new contracts and all associated documents to the Director Procurement & Commissioning, in consultation with the Cabinet member for Adult Social Care, SEND, Transition and Inclusion.

Reason for decision:

1. The Council’s current arrangements for ‘discharge to assess’ and  ‘intensive rehabilitation’ beds finish on 31st March 2023.

2. The recent pandemic and national changes to hospital discharges has resulted in a model of delivery that is neither the best fit for patients nor financially sustainable.

3. There will continue to be a need for pathway 2 beds, which support residents in gaining their independence following a hospital admission. The ceasing of current contracts provides an opportunity to act on the recent pathway 2 review and create a more efficient, cost-effective and outcomes-based model in Wiltshire.

4. The beds will be funded by an existing Better Care Fund (BCF) budget

Report of the Chief Executive

Cllr Phil Alford Cabinet Member for Housing, Strategic Assets and Asset Transfer presented a report which introduced an Environmental Mitigation Land Asset Management Framework enabling a robust and structured approach to the assessment of Council land for environmental bases schemes.

Cllr Alford reported that the Council has a significant land holding and with an increase in pressures on the use of the land for environmental purposes, a structured approach to the review and potential reuse of land needed to be adopted. He explained that the report provided detail of an Environmental Mitigation Land Asset Management Framework, including an approach to the review of land and governance structure to determine the most effective and

efficient use of the Council’s assets.

Cllr Christopher Williams, Vice-Chairman of the Overview and Scrutiny Management Committee, speaking on behalf of Cllr Graham Wright, Chairman of the Climate Emergency Task Group, confirmed that the report was discussed with the Task Group, who reported into Environmental Select Committee, on 16th September 2022. The Task Group welcomed the development, particularly the creation of a framework to assess the options for using council land for often competing mitigation opportunities. The Task Group would support and encourage the council to work with its tenant farmers to support environmental farming practices and would continue to monitor progress with the implementation of this framework.

Cllr Ian Thorn welcomed the initiative and commented on the following:

·       Parts of the Council estate that were not being utilise to their full extent for example county farms, highways and HRA.

·       Small parcels of Council land where nutrient neutrality exists

·       The need to map mitigating activities

Cllr Jackson commented on the potential for use of hydro-electric alongside wind and solar energy schemes. In response, Cllr Alford and the Leader confirmed that they were not opposed to such schemes if supported by a business plan however previous scheme proposals proved difficult to achieve.

Resolved:

1. That Members agree and adopt the Environmental Mitigation Land Asset Management Framework, as including in Appendix 1.

2. Authorise the Director for Assets and Commercial Development to determine the most appropriate use of assets when considered through the Framework, via the Asset Gateway & Capital Programme Board, after consultation with the Cabinet Member for Housing, Strategic Assets, Asset Transfer.

3. Authorise the Director for Assets and Commercial Development to make any changes to the Framework in circumstances where criteria for assessment, legislation or land ownership changes, via the Asset Gateway & Capital Programme Board and in consultation with the Cabinet Member for Housing, Strategic Assets, Asset Transfer

Reason for decision:

To provide a clear review and governance approach to the assessment and allocation of Council land for environmental mitigation opportunities.

Report of the Chief Executive

Cllr Phil Alford Cabinet Member for Housing, Strategic Assets and Asset Transfer presented a report which provided detail about (i) capital receipts targets for 2022/23; and (ii) confirmed the freehold interest in 6 assets to be declared surplus and reviewed to determine the best financial return for the Council.

Cllr Jon Hubbard asked about the former library site in Melksham and the inclusion of the car park in declaring the site surplus. Cllr Alford and officers confirmed that the car park was included so that  development options  will be able to provide required car parking provision.

Resolved:

1. That Members note the position in respect of completed and projected receipts for the financial year 2022/23.

2. That Members confirm that freehold interest of the 6 assets can be sold to either generate capital receipts in support of the Council’s capital programme or reused to generate income or service delivery, community or strategic outcomes, for the Council.

3. Where the decision is to dispose, authorise the Director for Assets and Commercial Development to dispose of the freehold interest in the assets or in his absence the Corporate Director Resources.

Reason for decision:

To note the current position in respect of capital receipts and the targets for the financial years 2022/23 and confirm the freehold interest in the 6 assets can be sold to generate capital receipts, after a review of the options to determine how the best overall interest of the Council can be achieved.

Report of the Chief Executive

Cllr Phil Alford Cabinet Member for Housing, Strategic Assets and Asset Transfer presented a report detailing proposals for the appropriation of various property assets held in the General Fund into the Housing Revenue Account (HRA) to allow for their development, to meet either sheltered or general need housing requirements. The report also proposed the transfer of property held in the HRA into the General Fund.

Cllr Ian Thorn commented on the transfer of funds from the general account to the HRA and detail in relation to a property transferring from the HRA to the general fund. In response Cllr Alford and officers explained that there would be no transfer of cash for the proposal to transfer the property to the HRA as it was a debt transfer. They also confirmed that consent was required from the Secretary of State as part of the process in transferring the bungalow to the general fund.

Resolved:

1. To appropriate the property assets noted from the General Fund to the Housing Revenue Account.

2. Subject to any necessary authority being obtained by the Secretary of State, to appropriate the assets noted from the Housing Revenue Account to the General Fund

3. That the relevant accounting adjustments are made.

Reason for decision:

The Housing Revenue Account is a ring-fenced fund. Whilst the Council is generally able to transfer property assets in its holdings, between uses, without specific resolution, property assets cannot be moved in or out of the Housing Revenue Account except through appropriation by way of Cabinet resolution.

Report of the Chief Executive

Cllr Nick Botterill, Cabinet member for Finance, Development Management and Strategic Planning introduced a report which sought approval for a revised Local Development Scheme (LDS).

Cabinet received questions from Anne Henshaw, Cllr Ernie Clark and Cllr Clare Cape in relation to this report, copies which were available to read in agenda supplement 2 on the Council’s website here.

Supplementary questions were asked by Anne Henshaw and Cllr Clare Cape. In response, the Leader, and Cllr Botterill made the following comments and a copy of the recording is available at this link:

·       It was acknowledged that further work was required in response to the consultation considered by Cabinet in June 2021. ,

·       Housing need should be associated with the needs of the County

·       The consultation on Regulation 19 will shape the outcomes in the process

·       The Local Transport Plan 4 consultation results would be fed into the LPR process, where possible

·       Use of brownfield land is supported. The development of brownfield sites can be problematic and expensive. There are associated issues not in the control of the Council, although the Council would continue to be proactive in this area, including the ongoing lobbying of MPs.

·       Officers are  analysing earlier consultation results and will consider how best to engage residents at Regulation 19 stage

·       The Council aims to resolve competing interests, it was acknowledged that different views are often made.

Cllr Botterill reported that the LDS was last update in November 2021 and now included revised timelines for both the Gypsies and Travellers Plan and Wiltshire Local Plan Review (LPR) reflecting an updated plan period to 2038. This was in response to the consultation and further work undertaken on housing need and employment evidence following Cabinet in June 2021.

Cabinet noted the next key stage will be publication of draft plans for consultation (Regulation 19 stage), with the LPR consultation scheduled to commence in quarter 3 of 2023 and the Gypsies and Travellers Plan scheduled for quarter 4 of 2023. Additional time is required to ensure that the LPR is underpinned by a robust and sound evidence base prior to it being tested at Public Examination.  

Cllr Christopher Williams, Vice-Chair of the Overview and Scrutiny Management Committee, speaking on behalf of Cllr Jerry Kunkler, Chair of the Environment Select Committee, confirmed that the Select Committee received a presentation on progress with the Wiltshire Local Plan Review and the Gypsies and Travellers Plan on 20 September 2022. The Select Committee sought details on the timelines, the consultation process, and being consistent with national framework policies. Comments were made on alignment with the council’s Climate Strategy and the Local Transport Plan. The Select Committee will continue to monitor the development of the Gypsies and Travellers Plan and Wiltshire Local Plan.

Cllr Thorn commented on the following:

·       The extension of timescales to 2038, as reflected in the revised LDS

·       The hierarchy employed for market towns remaining the same

·       Expectations in relation to the consultation process and the need to reflect any changes  ...  view the full minutes text for item 127.

      Report of the Chief Executive

Cllr Laura Mayes, Deputy Leader and Cabinet Member for Children’s Services, Education and Skills, presented a report detailing proposals for Children’s home care services to be purchased under a two-year Flexible Framework with the option to extend for a further two years.

The Deputy Leader reported that Children’s home care is also referred to as domiciliary care and provides CQC registered home and community-based care and support to children and young people aged 0-25. It supported children and young people to access and participate in activities in the home and in the community and provide respite for family and carers. It also provided personal care support including moving and handling responsibilities.

Cabinet noted that through the recommissioning process and market engagement it has become apparent that there is an urgent need to re-engage with the homecare provider market and deliver a new Flexible Framework for children’s homecare, with the aim to increase capacity in the market and ensure that children have the support they need.

Cabinet took into account the commercially sensitive financial information that was considered at agenda item 17 below, with the press and public excluded in making their decision. 

Resolved:

1. That children’s homecare services are purchased through a two-year Flexible Framework with the option to extend for two years (option c).

2. That officers continue to undertake to prepare and complete the tender programme, award and implement a new contract for children’s home care by 01 April 2023.

3. To delegate authority to approve and award a new contract and future extensions and all associated documents to the Corporate Director of People in consultation with the Deputy Leader and Cabinet Member for Children’s Services, Education and Skills.

Reason for decision:

·       To seek authorisation to purchase children’s home care enabling the opportunity to improve sufficiency of children’s home care provision.

·       Cabinet is asked to authorise the method outlined to complete a tender process that delivers value for money through the new contract.

This is to give further notice in accordance with paragraph 5 (4) and 5 (5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to take the following item in private.

To consider passing the following resolution:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Number 17 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraph 3 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Reason for taking item in private:

Paragraph 3 - information relating to the financial or business affairs of any particular person (including the authority holding that information).

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Number 131 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 3 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

      Report of the Chief Executive

Cllr Laura Mayes – Deputy Leader and Cabinet Member for Children’s Services, Education and Skills presented the appendix to the report at agenda item 14 -Children’s Homecare, which provided commercially sensitive financial information.

Resolved:

To note the commercially sensitive financial information provided in Appendix A to the report at agenda item 14 – Children’s Homecare considered above.   

Reason for Decision:

To provide context to the decision at agenda item 14 – Children’s Homecare.