Agenda and minutes

The Chairperson welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting.

An apology for absence was received from Councillor V J Bell.

To confirm the Minutes of the Performance, Governance and Audit Committee held on 18 January 2024.

RESOLVED that the Minutes of the meeting of the Committee held on 18 January 2024 be approved and confirmed.

To note the Matters Arising from the last meeting.

RESOLVED that the Matters Arising from the Minutes of the last meeting be noted.

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting).

There were none.

To receive the views of members of the public, of which prior notification in writing has been received (no later than noon on the Tuesday prior to the day of the meeting).

Should you wish to submit a question please complete the online form at: www.maldon.gov.uk/publicparticipation.

No requests had been received.

To consider the report of the Interim Chief Finance Officer, (copy enclosed).

The Committee considered the report of the Interim Chief Finance officer and associated Internal Audit reports from BDO LLP, attached on the agenda as follows:

·                7a – Progress report

·                7b - Follow-Up of Recommendations Reports

·                7c – Housing Benefits

·                7d – Homelessness and Temporary Accommodation

·                7e – Climate Change and Sustainability

Mr Aaron Winter (BDO LLP) presented his report to the Committee which summarised the 2023 / 24 audit plan and evidenced solid progress on the 2023 / 24 internal audit plans. Since the last update to this Committee in November 2023 a further three audits had been completed from the 2023 / 24 plan and final reports were being presented as part of this meeting. Members noted the update provide on the remaining audits for the year.

The Chairperson proposed that as per the recommendation on the report, the Committee considers, comments and approves this report. This proposal was duly seconded.

In response to a question regarding the review target relating to the Management of Section 106 Funds not being met, Members were advised that this related to BDO having had a delay in their assurance process and not being able to meet their internal three-week timetable.

The Chairperson moved the recommendation which was duly agreed.

RESOLVED that the Committee considered, commented and approved the Progress report at Agenda Item 7a.

Mr Andrew Billingham (BDO LLP) presented the report and advised that of the four recommendations due to be followed up since the last meeting of this Committee, two recommendations had been completed / closed and updated received for the remaining two outstanding recommendations.  It was noted that good work had been done to progress the outstanding recommendations, but they had not yet been fully implemented.

The Chairperson moved the recommendation as set out in the Officers’ report.  This was duly seconded.

In response to a number of questions raised by Members, the following information was provided:

·                Cyber Security Audit - This recommendation related to Officers and not Members. The Assistant Director – Resources advised that a review of Member training was carried out and the weekly Members’ bulletin contained a reminder for Members to ensure all training was completed.

·                2021 / 22 Management of Property - Mr Billingham advised that the bottom of action c) as detailed on page 25 of the agenda pack was missing and he would provide this information outside of the meeting.

·                2021 / 22 Management of Property Audit - The Commercial Manager provided an update in respect of the Council’s Asset Management Strategy (due to be considered by the Strategy and Resources Committee at its meeting on 14 March 2024) and the ongoing work to collate all information about the Council’s assets. The Assistant Director – Service Delivery explained that the delay had related to resources (staffing) and identification / implementation of suitable software to record and keep the information in a useful way. She reassured Members that a huge amount of work had been undertaken and good progress was being made, however it was expected that this would take six months longer than originally identified and therefore would not be ready by 31 March 2024. Members were informed that the Council was utilising an existing software package which would then feed into other Council systems.

The Chairperson moved the recommendation which was duly agreed.

RESOLVED that the Committee considered, commented and approved the Follow-Up of Recommendations report at Agenda Item 7b.

Mr Aaron Winter (BDO LLP) presented the report detailing the outcome of the recent Housing Benefits audit.  This audit had attained an opinion of substantial on design opinion and moderate on design effectiveness. Members were advised that two minor recommendations had been raised but overall, it was a very positive report.

Members complimented the Housing Team on the results of this audit.

In response to a question regarding the overpayment of housing benefit, the Assistant Director – Service Delivery explained that this related to payments made to a customer incorrectly and could be for a number of reasons. She provided detail of the process followed and reassured the Committee that the Council made every effort to recover these monies, however there were some circumstances where monies could not be recovered. It was explained that the overpayments were not a cost to the Council and reviewed by the Government if they were above a set level which the Council had not reached for a number of years.

The Chairperson moved the recommendation set out in the Officers’ report and this was duly agreed.

RESOLVED that the Committee considered, commented and approved the Housing Benefits report at Agenda Item 7c.

Mr Andrew Billingham (BDO LLP) presented the report detailing the audit recently carried out in respect of Homelessness and Temporary Accommodation. This audit had attained an opinion of moderate on both design opinion and effectiveness. He advised that this was a positive result for an area of high demand and highlighted that three minor recommendations had been raised.

In respect of the recommendation regarding the use of Bed and Breakfast (B&B) accommodation Mr Billingham provided further explanation. The Housing Solutions Manager outlined the process in operation at the time of the audit and the immediate changes implemented following the audit recommendation.

The Chairperson moved the recommendation as set out in the Officer report which was duly agreed.

RESOLVED that the Committee considered, commented, and approved the Homelessness and Temporary Accommodation report at Agenda Item 7d.

Mr Aaron Winter (BDO LLP) presented the report detailing the outcome of the recent Climate Change and Sustainability audit. This audit had attained an opinion of substantial on design opinion and design effectiveness. Members were advised that three observations had been raised but overall, this was an area of well-designed and fully operational control.

Councillor W Stamp declared an interest in this report as she was an Essex County Councillor.

A question was raised regarding the risks to the Council due to it not being aligned with the Essex County Council (ECC) pledge to reach net zero by 2050. In response, the Head of Environmental Health, Waste and Climate Action explained how ECC had several cross-county strategies and the carbon reductions generated by these measures would not be implemented in the Maldon District until the date ECC had detailed. By being out of step from the coordinated approach could lead to an increase in the Council’s challenges to effectively deliver changes. Members were advised that Officers were looking into this, and it would be brought back when the Climate Strategy was brought before Members.

Members asked that their congratulations be passed to Officers and the team for getting substantial assurance in relation to this area of work.

The Chairperson moved the recommendation set out the Officers’ report which was duly agreed.

RESOLVED that the Committee considered, commented, and approved the Climate Change and Sustainability report at Agenda Item 7e.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources that required the Committee to undertake a quarterly review of the Thematic Strategies performance, as assurance that performance was being managed effectively to achieve the corporate outcomes as set out in the Council’s Corporate Plan 2023 - 2027. Appendix 1 to the report provided an overview of performance as at the end of Quarter 3 (Q3) (October to December 2023).

The Chairperson introduced the report and deferred to the Assistant Director – Programmes, Performance and Governance to present the detail. The Assistant Director took the Committee through the report starting with section 3.1.1. which provided an overall delivery picture against each of the corporate priorities. It was noted that as of December 2023 all six priorities were either on track or on track with conditional elements.

The Chairperson proposed that the recommendations as set out in the report be agreed and this was duly seconded.

A debate ensued and in response to questions raised the following information was provided:

·                Develop and launch of Maldon’s youth engagement programme – A Project Officer to deliver Section 106 capital projects for youth facilities had started this week and would be working to a timetable of when projects had to be delivered by in order to reduce any risks to the Council of losing funding. Members were reassured that there would be early engagement with Members as well as stakeholders and the young.

·                Councillor S J Burwood declared an interest in this item of business as he was a Heybridge Parish Councillor.  He expressed an interest in being involved in any items relating to Heybridge. The Committee were advised that Ward Members would be involved.

·                Deliver One Maldon District, multi-agency partnership action plan - Following a question regarding why the Council had only reached 30% and was therefore off its target, the Director of Service Delivery advised he did not have that information to hand and would therefore share it with Members outside of the meeting.

·                Progress of Local Development Plan Review - The Committee were advised that the Nature Conservation Study and Employment Land and Premises Study had been considered by the Planning Policy Working Group (PPWG) and once the related written reports were received these would be made available to all Members via Mod.Gov or SharePoint.

·                Members were advised that the Planning Policy Working Group reported to the Council. Its next report was due to be considered by the Strategy and Resources Committee at its meeting on Thursday 14 March 2024. There was some discussion at this point regarding Working Groups and the Committee were informed that all Working Group papers were available on Mod.Gov.

·                Delivery of Prom Park Management Plan – Members were reminded that the detail contained in the report related to Q3 and there had been progress on this Management Plan as part of Quarter 4 work. In response to a question, the Committee were advised that ‘Gateway Review’ involved looking at all information and work that  ...  view the full minutes text for item 633.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources that required Members to undertake a quarterly review of the Corporate Risk Register as assurance that the Council’s corporate risks were being managed effectively. A table of the Corporate Risk Register, latest ratings and officer commentary was attached as appendix 1 to the report.

The Chairperson introduced the report and deferred to the Assistant Director - Programmes, Performance and Governance to address the detail. The Assistant Director advised that the report covered the Corporate Risks for the third quarter of 2023 / 24, (October - December 2023). Section 3.3 of the report highlighted the changes in risk since quarter two. It was noted that the risk rating for Risk 11 – Failure to Protect Commercially Sensitive Data had reduced. Appendix 1 provided the full Corporate Risk Register as at the end of December 2023 and Appendix 2 showed associated mitigating actions for risks, where relevant.

The Chairperson moved the recommendations set out in the report and these were duly seconded.

A debate ensued and in response to questions and comments raised, the following information was provided by Officers:

·                Members noted that the Corporate Leadership Team (CLT) reviewed risk scoring every quarter.

·                R5 – Damaging to the Council’s reputation associated with delays to planned infrastructure deliver in the District by third parties which is due to support approved development – Members were advised that the description of this risk related to the damage to the Council’s reputation opposed to the delivery of the infrastructure itself.

The Council did not have a policy in respect of triggers for development, however Members were advised that Section 106 Agreements were subject to negotiation and informed by infrastructure providers indicating what / when contributions were needed. The Council was looking to have a Planning Obligation Supplementary Planning Document to support the Local Development Plan (once reviewed) which would stipulate more of the local terms by which planning obligations were to be negotiated.

In response to a further question regarding triggers, the Assistant Director – Planning and Implementation advised that if Officers’ would pick this up as an action and review if there was anything further that other Local Authorities were doing that the Council could implement as well.

The Assistant Director provided further information in response to questions regarding developer viability and triggers relating to the building of schools.

·                R7 – Failure to maintain a five-year supply of Housing Land – The Assistant Director – Planning and Implementation advised that the Five-Year Housing Land Supply (5YHLS) currently reported was 6.35 years. In response to why the risk had not been rescored, given the 5YHLS was over 5 years, he advised that he felt the consequences to the Local Planning Authority and the District if it did not have a 5YHLS were still high and therefore this risk rating was justified. Should the 5YHLS position improve over and above its current position then this may result in a drop in the likelihood level of  ...  view the full minutes text for item 634.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources that covered exceptions to operational service and provided visibility of any identified Balance Scorecard Key Performance Indicators (KPIs) that had met their threshold, supported by an action plan to ensure targets were met.

The Chairperson introduced the report and deferred to the Assistant Director, Programmes, Performance and Governance to present the detail. The Assistant Director drew Members’ attention to the areas of operational performance where exceptions were evident, which included both under and overperformance. Internally, the Senior Management Team monitored this data and discussed it monthly to help address performance issues in real time where possible, with a six-monthly report provided to this Committee to show the exceptions and any areas of under / over performance.

This report covered July to December 2023, section 3.3 contained detail on underperforming areas and the action being taken. Section 3.4 highlighted four indicators where the Council was overperforming and section 3.5 flagged those areas where closer monitoring was taking place. Finally, the Assistant Director advised that further performance data was set out at appendix 1 to the report.

The Chairperson moved the recommendations as set out in the report and this was duly seconded.

During the debate that ensued and in response to issues raised Officers provided the following information:

·                In response to a question regarding the non-compliance relating to ‘monthly service area reporting’, the Assistant Director – Service Delivery advised that this related to a monthly report which had not been submitted to the Corporate Leadership Team in time due to a lack of resources. The Assistant Director reassured Members that these reports were now completed, and performance was being monitored on a monthly basis.

·                The Head of Service – Housing and Community Safety provided the Committee with information in response to a question regarding London Authorities housing homeless people within Essex. It was noted this was not currently a problem for the Maldon District, however, the Director of Service Delivery reported that at a Chief Executive level in Essex the matter had been raised and they were looking to establish a protocol which would involve London authorities notify an authority where they were looking to place a homeless person.

·                It was noted that sickness levels were improving and the Assistant Director – Resources reported that further improvement would be seen in Quarter 4. She advised the Committee of the employee support in place to assist staff, especially those returning to work. On a national average the Council was currently performing better than average. Whilst, mental health was difficult to measure overall, the Council had seen a peak post Covid but again this was managed effectively, with the Council supporting staff well.

·                In response to a question regarding hybrid working, the Director of Service Delivery advised that the Council had always maintained officer accommodation space at the Council offices and a number of teams took the opportunity to come in. He referred to the staff survey, the results of which  ...  view the full minutes text for item 635.

To consider the report of the Director of Service Delivery (copy enclosed).

The Committee considered the report of the Director of Service Delivery that provided an update on Health and Safety statistics and activity during Quarter 3 (Q3) (1 October to 31 December 2023). The Chairperson introduced the report and deferred to the Corporate Health and Safety Manager to present the detail.

The Manager took the Committee through the report advising on the numbers of accidents / incidents, near misses and unacceptable behaviour which were relatively low and dealt with according to Council policies with no particular trends identified during this period. He advised that in section 3.1.1 the incident that took place on 13-12-2023 was to be deleted as this was classified as a near miss elsewhere. The report provided further update in respect of the following areas:

·                Health and Safety Groups – It was noted that the inaugural Health and Safety managers meeting had been scheduled.

·                Staff resources – The Safety Action team for frontline staff had been finalised following receipt of nominations from managers.

·                System resources

·                Fire Risk Assessments

·                Policies and procedures

·                Health and Safety inspections

·                Legionella

·                Training – a number of training events had been undertaken during this quarter, including over 70 staff attending training on dealing with violence and aggression.

·                Accident-near miss reporting

The Chairperson proposed that the recommendations as set out in the report be agreed and this proposal was duly seconded.

During the discussion that followed and in response to questions raised, the following information was provided:

·                Members were advised that the hazard ‘first aid box in the maintenance depot workshop’ related to this first aid box not containing a contents list, resulting in difficultly knowing whether it was complete or not.

·                Feedback was always sought for any training events undertaken. Members were advised that following feedback on the recent violence and aggression training Officers were proposing to change delivery of this training in the future. Two training options would be offered to staff with a fuller session provided for frontline staff.

The Chairperson then moved the recommendation which was duly agreed. 

The Committee thanked the Corporate Health and Safety Officer for his report.

RESOLVED

(i)             That Members considered the accident and incident statistics and incidences of unacceptable behaviour reported;

(ii)            That Members considered progress of key health and safety themes (as set out in section 3.2 of the report).

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources seeking Members’ consideration of the principle of an independent person to the Performance, Governance and Audit Committee.

It was noted that following the Finance Peer Review in July 2023 there was a recommendation for an independent person to be appointed to this Committee. The Performance, Governance and Audit (PGA) Working Group had reviewed the detail set out in the report and agreed it be put forward to the Committee for consideration. The Assistant Director – Programmes, Performance and Governance drew members’ attention to section 3.5 of report which highlighted the suggested benefits of an independent person being appointed to the Committee. It was noted that the Chartered Institute of Public Finance and Accountancy also encouraged an independent person as best practice.

Appendix 1 to the report detailed a suggested person specification and it was noted that a remuneration of £700 per annum was proposed if the appointment was agreed.

The Chairperson proposed that the recommendation be agreed. This was duly seconded and agreed.

RECOMMENDED

(i)             That the principle of co-opting an Independent Person onto the Joint Audit and Governance Committee on a non-voting basis be approved;

(ii)            That the person specification attached at APPENDIX 1 to these Minutes be approved.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resource presenting self-assessment options for review by Committee, following the recent Finance Peer Review.

Following the Council’s referral of the Finance Peer Review action plan to the Finance Working Group several actions had been referred to the Performance, Governance and Audit (PGA) Working Group. One of these actions related to the PGA Committee undertaking an independent self-assessment every five years. The Assistant Director – Programmes, Performance and Governance presented the report and advised that the PGA Working Group had reviewed this matter and suggested that the tool as set out in paragraph 3.6 of the report be used for completing a self-assessment. She advised that if the Committee were mindful to agree completion of a self-assessment that either Members of the Committee be appointed to complete the self-assessment, or it be delegated to the PGA Working Group.

The Chairperson proposed that recommendation (i) as set out in the report be agreed. This proposal was duly seconded and agreed. It was noted that reference to section 3.5 in this recommendation should be 3.6.

Following a brief discussion, Councillor R G Pratt proposed that the Committee Self-Assessment be carried out by the PGA Working Group. This proposal was duly seconded and agreed.

RESOLVED

(i)             That the Performance, Governance and Audit Committee complete and report a self-assessment using a tool such as referenced in paragraph 3.6 of the report;

(ii)            That the Committee Self-Assessment Review should take place at a meeting of the Performance, Governance and Audit Working Group.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources providing an update to Members on the actions identified in the 2023 / 24 Annual Governance Statement (AGS). The Chairperson introduced the report and deferred to the Assistant Director Programmes, Performance and Governance, to present the detail.

The Assistant Director took the Committee through the report that covered the best practice governance actions identified in the 2023 / 24 AGS and an update on progress against these. At the Performance, Governance and Audit (PGA) Committee in June 2023, the AGS for 2022 / 23 was signed off and in addition to commenting on the Council’s governance arrangements for last year, the report provided and update for Quarter 3 (end December 2023).

Section 3.5 of the report provided a table of those actions and an update of progress as of the end of December 2023. Actions highlighted in grey denoted actions completed and a further four actions were ongoing for the year, with updated text provided. The Assistant Director highlighted how the draft AGS for 2023 / 24 was due to be considered as a separate item on the agenda and would continue to build on best practice.

The Chairperson proposed that the recommendation as set out in the report be agreed. This proposal was duly seconded.

In response to a question, the Assistant Director – Planning and Implementation provided the Committee with further information regarding the Council’s engagement with Parish Councils.

A question regarding reviewing Neighbourhood Plans (NHPs) and specific advice given to Burnham-on-Crouch Town Council (BTC) was raised and in response the Assistant Director advised that the five-year review related to strategic policies set out in the Local Development Plan rather than NHPs. However, he would have to speak to the team to determine what advice had been given to BTC.

The Chairperson then put the recommendation which was duly agreed.

RESOLVED that the Committee reviewed the Annual Governance Statement table at paragraph 3.5 and the updates within the report and challenged where necessary.  

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources presenting the Annual Governance Statement (AGS) 2023 / 24 attached at appendix 1 for review and adoption by the Committee.

The Chairperson introduced the report and deferred to the Assistant Director – Programmes, Performance and Governance to present the detail. The Assistant Director advised that the AGS followed the Council’s adopted template to reflect the Chartered Institute of Public Finance and Accountancy (CIPFA) best practice advice. It was noted that the report commented on MDC’s position against the seven principles of good governance identified by CIPFA and the Society of Local Authority Chief Executives and Senior Managers (SOLACE) in 2016. In addition, comments on the Council’s arrangements against the CIPFA financial management code had been provided, particularly standard C, which addressed an action suggested in the recent Local Government Association finance peer review.

The first page of the appendix highlighted the achievements of the 2023 / 24 financial year in terms of governance arrangements. Overall, the Council performed well against the criteria for good governance, which was also highlighted by the internal audit statement from BDO. An action plan was included in the report to address those areas of challenge identified in the BDO report. Members were advised that a comment and question mark had been left in the Appendix in error and would be removed.

The Chairperson proposed that the recommendations set out in the report be agreed. This proposal was duly seconded and agreed.

RESOLVED

(i)             That the Annual Governance Statement (attached at Appendix A to the report) be approved and appended to the Statement of Accounts.

(ii)            That the Performance, Governance and Audit Committee monitors the progress of the action plan identified in the Annual Governance Statement through a quarterly report.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources seeking approval for a one year extension to the Council’s current Contract Procedures Rules (attached at Appendix A to the report).

The Council’s procurement activity was governed by its Contract Procedure Rules. Members were advised that as a result of Brexit, a new Procurement Reform Bill had been introduced, received Royal Assent in October 2023 and was now set in Law as the Procurement Act 2023 (the Act). Implementation of the Act would commence in March 2024 with an expected go live date of October 2024. As the Council’s Contract Procedure Rules would require some revision and updates following implementation of the Act it was requested that Members consider extending the next review date to February 2025.

Following the Officers’ presentation, the Chairperson proposed that the recommendation as set out in the report be agreed. This proposal was duly seconded.

In response to a question regarding events, the Commercial Manager advised that a procurement process would not normally be undertaken for an event or concession coming into the Promenade Park. However, the Council would review applications coming forward and did have very robust Terms and Conditions.

The Chairperson then moved the recommendation which was duly agreed.

RECOMMENDED that the Contract Procedure Rules attached at APPENDIX 2 to these Minutes be extended for a further year.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources seeking a review of the Planning Appeal Protocol (the Protocol) (attached as Appendix A to the report).

The report provided background information regarding the review of the Planning Appeal Protocol which set out the role and involvement of Members in Planning Appeals, as good practice. It was noted that the Protocol should reflect practice advice issued by the Royal Town Planning Institute and further information around this was set out in the report. The Protocol had been considered by the Governance Working Group where it was agreed that the guidance should be strengthened to best protect the position of the Council when involved with Planning Appeals. The Working Group also felt that the Protocol should be raised with Chairpersons of Planning Committees and included in future Member training.

The Chairperson proposed that the recommendation as set out in the report be agreed. This proposal was duly seconded.

Councillor W Stamp raised a number of concerns regarding the Protocol and asked that it be recorded that she did not support this as a way forward.

During the debate that ensued, Members spoke both in favour and against the Protocol. The Chairperson reminded the Committee that it was not proposed to make the Protocol mandatory.

The Corporate Governance Project Officer explained how the current Protocol had not been consistently used and this was the reason why the Overview and Scrutiny Committee, as part of its work on decision making, had carried out a review. He provided some further detail in response to concerns raised regarding Members’ having to give evidence at appeal hearings.

In response to comments, the Assistant Director – Planning and Implementation provided the Committee with detailed information regarding the sign off process for Officer reports (and recommendations on planning applications) coming forward to Planning Committees. He spoke about the planning application appeal process and outlined the guidance of the Royal Town Planning Institute (RTPI) that a chartered Officer, regardless of the view of a Committee, had to uphold their professional view in respect of a planning application. An Officer would be in breach of their professional code of conduct if they were to defend a decision (even a Planning Committee one), if it was so far removed from their professional opinion. In these situations, the Council would search for a third party who was professionally able to support the decision the Planning Committee had made and ensure the decision was adequately articulated to the Planning Inspector at the appeal.

The Chairperson then moved the earlier proposal to accept the Officers’ recommendations to amend the Protocol. Upon a vote being taken this Motion was declared lost. The Chairperson declared that therefore the status quo would remain. The Corporate Governance Project Officer confirmed that no recommendation to the Council was required as no change was proposed.

RESOLVED that no change be made to the Planning Appeal Protocol.

The Chairperson advised that in accordance with Procedure Rule 1(6)ii the meeting would continue past 10:00pm with an aim to finish before 10:30pm.

RESOLVED that the meeting be adjourned at 10:00pm for a short comfort break.

RESOLVED that the meeting of the Performance, Governance and Audit Committee resumes in open session at 10:06pm.

To consider the report of the Director of Service Delivery (copy enclosed).

The Committee considered the report of the Director of Service Delivery seeking approval and recommendation to the Council of proposed changes to the Scheme of Delegation in light of the recent restructuring of the Service Delivery directorate.

The report provided background information regarding the recent restructure of the Service Delivery directorate and the suggestion that delegated powers be redistributed to the Assistant Directors to reflect their functional responsibility. Appendix A to the report outlined the proposed changes to the Scheme of Delegation.

The Corporate Governance Project Officer presented the report and following this the Chairperson proposed that the recommendations as set out in the report be agreed. This proposal was duly seconded.

In response to a question regarding whether this was the appropriate time to be making such changes in light of the ongoing work by the Council to review its organisation, the Director of Service Delivery advised that the changes proposed would not impact because the delegation was at an Assistant Director level. He thanked the Corporate Governance Project Officer for his work on the proposed changes.

The Chairperson moved the recommendation and upon a vote being taken this was duly agreed.

RECOMMENDED

(i)             That the redistribution of the powers currently delegated to the Director of Service Delivery to the Assistant Directors - Service Delivery as proposed and shown at APPENDIX 3 to these Minutes, be agreed;

(ii)            That the consequential changes referred to in paragraphs 3.6 and 3.7 of the report, namely to the list of Proper Officer designations set out in the Scheme of Delegation (General Provisions) document in the Constitution, and the transfer of the delegated powers in relation to Neighbourhood Planning from the Director of Strategy and Resources to the relevant Assistant Director - Planning and Implementation, be agreed.

There were none.

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

RESOLVED that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1of Schedule 12A to the Act, and that this satisfies the public interest test.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources that required this Committee to undertake a quarterly review of the Commercial Strategy performance, as assurance that it was being managed effectively to achieve outcomes set out in the Commercial Strategy 2022-2027. Appendix 1 to the report provided an overview of the Commercial Strategy performance as at the end of Quarter 3 (July to December 2023).

The Chairperson introduced the item and deferred to the Commercial Manager to take the Committee through the report. The Commercial Manager advised that the overall commercial strategy performance continued to progress positively for the projects within the Council’s control. Where negative impacts had been realised, priority and focussed work had taken place, to bring output back on track. He advised that the Asset Management Strategy would be considered by the Strategy and Resources Committee at its meeting on 14 March 2024.

The Chairperson proposed that the recommendations as set out in the report be agreed. This proposal was duly seconded.

In response to a comment, the Director of Service Delivery advised that the Council was delighted to have been provisionally awarded up to £5 million on capital funding to support local culture projects in the district and the Council was awaiting further details from the Government.

In response to questions from Members, the Commercial Manager and Director provided some further updates in respect of current projects.

The Chairperson moved the recommendations which were duly agreed.

RESOLVED

(i)             That Members reviewed the information as set out in this report and Appendix 1 to the report;

(ii)            That Members confirmed they were assured through this review that Commercial performance was being managed effectively.