8Th March 2021

HARBOROUGH DISTRICT COUNCIL

MINUTES OF THE CABINET MEETING

held remotely on

8th March 2021

commencing at 5.30pm

Present:

Cllr King (Chair)

Councillors: Bateman, Dann, Hallam and Whelband

Councillors (guest): Bannister and Knowles

Officers: D. Atkinson, C. Bland, L. Elliott, S. Green, S. Hamilton, C. Mason, N. Proudfoot and J. Smith

INFORMATION EXCHANGE FROM PORTFOLIO HOLDERS

Planning, Environment & Waste

Councillor Bateman reported that in relation to the Green Waste Service the number of subscriptions currently stood at 9,400 compared with 6,834 as of last year, which represented an increase of 37.5%. Of these subscriptions 72% were completed online. Councillor Bateman also congratulated the Communications team for using innovative messages to encourage subscription take-up.

Corporate and Regulatory Services

Councillor Dann reiterated the encouraging number of subscriptions for the Green Waste Service and the use of the Netcall system which has resulted in a quicker service.

Wellbeing, Communities & Housing

Councillor Whelband expressed his thanks to the Community Safety Partnership team and the local police for their work and efforts in tackling dog thefts and reported that a stolen dog had recently been reunited with its owners in Hallaton.

Strategy

Councillor King reported the following : • Chaired a meeting of Scraptoft North Strategic Development Area on the 4th March. • Chaired a meeting of Lutterworth East Strategic Development Area on the 25th February. These aspects have now been handed over to Councillor Bateman. • Attended meetings with MHCLG and the District Council’s Network Board Meeting. • Attended the All Party Parliamentary Group Local Government Finance meeting on the 23rd February.

• Attended the A5 Partnership Meeting. HDC is now chairing this strategic group for two years. The partnership includes representatives from 20 Councils, Police Authorities, County Counties, Highways England and Midlands Connect amongst others on the 12th February. • Attended a meeting with the Market Harborough Chamber of Trade and Commerce on the 24th February. • Attended a meeting with Neil O’Brien MP, the Environment Agency and the owners of the car park at Welland Place to discuss flooding prevention measures of the car park in the future on the 25th February. A further meeting will take place shortly.

TOPICAL ISSUES

There were none.

APOLOGIES FOR ABSENCE There were none.

CHANGE OF AGENDA ORDER

With the agreement of the Committee the order of items on the agenda was changed to consider Report 6 – Leicester and Leicestershire Strategic Growth Plan as the last item, as Councillor Hallam has a declaration of interest in this item.

MINUTES RESOLVED that the minutes of the meeting of the Cabinet held on 8th February 2021 be approved as a correct record.

DECLARATION OF MEMBERS’ INTERESTS Councillor Hallam declared an interest in Report 6: The Leicester and Leicestershire Strategic Growth Plan, as declared previously, as his landlord, Homes England, owns land adjacent to Leicester. Councillor Hallam stated that he would leave the meeting prior to the discussion of this report.

2021 REVENUE AND CAPITAL MONITORING - QUARTER 3

The Cabinet considered the financial forecast for Quarter 2, based on information at the end of December, for revenue and capital. As at 31 December 2020 the revenue budget is forecast to be overspent by £1.333m as shown in Appendix A.1 to the report, the deficit before disposal of capital interests.

Net direct cost of services is a £99k underspend, and when the Covid impact of £475k is removed this shows a net underspend of £574k on services. The forecast outturn for the net direct cost of services, excluding Covid 19 (CV19) expenditure, when compared to the revised budget is showing a net underspend of £574k. Quarter 2 showed a net overspend of £154k (excluding CV19) which is a net movement of £728k compared to Quarter 3, with the main reasons shown in Table 1 to the report.

At the end of Quarter 2 managers were expecting to resume normal operations, but due to going back into lockdown, that didn’t occur, and as lockdown will be in place until at least until the end of Quarter 4, the Quarter 3 position is very different to that at Quarter 2.

Movements over £75,000 are as follows :-

• Car Parking Income: reduction in income due to further lock downs leading to reduced pay & display and permit income. • Symington Building Income: anticipated lower service charge income reflecting the reduced usage of the Symington Building. • Planning Income: One additional major application submitted earning extra Income (£175k). • Recycling Income: The increased income in this area reflects the continued increase in the uptake of green bins during the different lockdown periods. • Leisure Project: this project is now on hold for the rest of the year. Two options were being assessed; one of which was expected to incur revenue expenditure but this will be carried- forward to 2021/22. • Open Spaces: Maintenance work not undertaken due to lower demand as a consequence of further lock downs.

In relation to the Capital Programme, the forecast outturn is an estimated spend of £3.225m in 2020/21. Several schemes are now requiring a re-phasing of their expenditure profiles and this is expected to move £17.481m of expenditure to 2021/22 and details are summarised in Table 2 of the report.

In relation to Revenue, the main financial impacts of CV19 have been met by the Council during 2020/21. However the government is currently indicating that some elements of the local government support/compensation process will be extended into future years. To date, the gross CV-19 expenditure/income losses total £4.806m; this is currently split as follows: £2.394m in respect of services; £2.412m in respect of estimated Collection Fund losses.

In respect of Services; the Council has received direct government support totalling £1.8m (an increase from Quarter 2 of £476k); split as follows: £1.174m Emergency Funding; £83k Town Centre Support; £23k Local Authority Emergency Assistance Grant; £9k Next Steps Accommodation Programme (NSAP) Funding to support rough sleeping; £24k Test & Trace Discretionary Schemes; £31k Covid Marshalls Funding; £100k Self Isolation Payments; £375k Fees and Charges Compensation.

This gives a total net impact on the Council of £575k, (£100k was brought forward from 2019/20 so the 2020/21 impact is £475k).

Councillor Knowles queried the apparent underspend of £75k on Open Spaces and asked how the Council is ensuring that play equipment is maintained and meets the required health and safety standards, following the easing of lockdown restrictions.

The Director of Communities and Wellbeing reported that the saving has occurred as the play equipment hasn’t been in use over the whole year due to Covid, and is confident that when the equipment is able to be used the equipment will be at the safety standard demanded. She also stated that the Council has a good maintenance plan for Open Spaces and parks.

RESOLVED that: (i) as at 31 December 2020 the revenue budget is forecast to be overspent by £1.333m as shown in Appendix A.1 to the report be noted. (ii) the analysis given in Appendix B to the report for cost centre variances over £25k be noted. (iii) the actual expenditure to 31 December 2020 incurred on the Capital Programme as shown in Appendix C to the report be noted.

(iv) as at the 31 December 2020 the Capital Programme is forecast to underspend by £17.481m, as outlined in Appendix C to the report, and that this underspend may be required to be carried forward into 2021/22 as slippage be noted.

Summary of Reasons To provide Cabinet with a forecast outturn position based upon the period 1 October to 31 December 2020.

PERFORMANCE, QUARTER 2 2020/21 YEAR

The Cabinet was presented with details of the performance of the Council against the Corporate Delivery Plan at the end of Quarter 2 of the 2020/21 year. With regards to the status of the 34 Key Activities at the end of Quarter 3, 0 (0%) were completed, 20 (50%) had a status of Green, 3 (14.7%) had Amber status, and 0 (0%) were classed as Red Status. 8 Key Activities are due to start later in the year and 3 (8.8%) Key Activities have been deferred and may be considered for inclusion in the Corporate Delivery Plan at a later date. The following key performance indicators on the Strategic Performance dashboard were Red Status at the end of Quarter 3 of the 2020/21 year : Percentage of all homeless applications owed a duty housed; Increase footfall in town centres; Number of affordable home completions; Number of interventions carried out to encourage owners of empty properties to bring them back into use; and Percentage avoidable contact. Councillor King commented on how much had been achieved and how positive it was to see so much key activity being undertaken, and expressed his congratulations to staff on doing a fantastic job.

RESOLVED that the performance of the Council at the end of Quarter 3 of the 2020/21 year be noted.

Summary of Reasons Performance is monitored and reported to Members on a quarterly basis as part of the Council’s Performance Management Framework.

CORPORATE RISK AND OPPORTUNITY MANAGEMENT: QUARTER 2 2020/21

The Cabinet considered the report on Corporate Risk and Opportunity Management for Quarter 3, 2020/21.

The Corporate Risk and Opportunity Register sets out the Council’s Corporate Risks and Opportunities. Corporate Risks and Opportunities are defined as issues that may have a significant impact on the delivery of the Council’s vision and priorities. They are identified, monitored and managed via the Council’s Risk and Opportunity Strategy Board which meets on a quarterly basis. The Board last met on the 19th January 2021.

At the end of Quarter 3 of the 2020/21 year there were 30 Risks and 3 Opportunities on the Corporate Risk and Opportunity Register. Of the 33 Risks and Opportunities on the Corporate Risk and Opportunity Register, 12 (38.2%) were assessed as Red status, these being : CR 25 The Council

does not have sufficient funding to deliver its current services in the medium term; CR 27 Risk of reduction of failing to deliver housing in a timely way could lead to reduction in receipts of new homes bonus; CR 32 The Council does not meet its budgeted-for Planning fee income targets, particularly in regard to major applications which could have a negative impact on the Council's financial position; CR 33 Costs of planning appeals, and legal challenges, exceed budget; CR 36 Uncertainty following the United Kingdom's imminent departure from the European Union; CR 37 Increase in homeless presentations results in an increased demand in Council support for relief; CV 02 Unforeseen, unfunded financial burdens as a result of responding to the ongoing situation weaken the Council's financial stability; CV 03 Loss of income, as economic activity reduces, weakens the Council's cashflow and financial sustainability; CV 04 The focus on high-priority, short-term needs prevents the medium-term financial planning and decision-making needed to balance the Council's finances in the medium term; CV 07 Increased fatalities leads to increased demand on burial infrastructure including existing cemetery provision and storage of cadavers; CV 08 Additional homeworking requirements leads to increased demand on the Council's ICT infrastructure which subsequently becomes unstable; and CV 09 The ongoing situation leads to multiple, concurrent Emergency Planning situations which the Council does not have the capacity to deal with.

RESOLVED that the items contained within the Council’s Corporate Risk and Opportunity Register (attached at Appendix A to the report) be noted.

Summary of Reasons

Monitoring of the Council’s Corporate Risks and Opportunities is prescribed by the Council’s Risk and Opportunity Management Framework.

MISTERTON WITH WALCOTE NEIGHBOURHOOD PLAN

The Cabinet received a report to consider the recommendations of the Examiner into the Misterton with Walcote Neighbourhood Plan. The final Examiner’s report had been received on the 25th January 2021. The Examiner considered the Plan along with the representations received when the Plan was published by the Council. The Examiner recommends that subject to the modifications proposed as detailed in Appendix A to the report, the Plan should proceed to a referendum.

The Cabinet noted that this would be the Council’s 24th Neighbourhood Plan and the Portfolio Holder thanked the Misterton with Walcote Parish Council for their work in producing the Neighbourhood Plan.

RESOLVED:

(i) That the Independent Examiner’s recommended changes to the Misterton with Walcote Neighbourhood Plan be accepted in full as set out in the schedule at Appendix A to the report and that the recommendation be noted that the amended Misterton with Walcote Neighbourhood Plan should proceed to a referendum of voters within the Parish of Misterton with Walcote to establish whether the Plan should form part of the Development Plan for the Harborough District; and

(ii) That the holding of a referendum relating to the Misterton with Walcote Neighbourhood Plan on 3 June 2021, that will include all of the registered electors in Misterton with Walcote Parish, be approved.

(iii) That consideration of amending the referendum date if Government guidance changes be approved.

Summary of Reasons:

To consider the recommendations of the Examiner into the Misterton with Walcote Plan Neighbourhood Plan and allow the Plan to proceed to public referendum.

MONITORING OF THE LOCAL PLAN

The Cabinet considered the Monitoring of the Local Plan report. Each Local Planning Authority has a duty to prepare an Authority Monitoring Report (AMR). The AMR is the principal way that the delivery of the Development Plan is monitored. The AMR report for the 2019/20 period includes an update on the Local Development Scheme, Neighbourhood Plan preparation, monitoring of housing, employment land, gypsy, traveller and travelling Show-people accommodation, retail uses, heritage and conservation, and the Duty to Cooperate log.

Key findings from the 2019/20 AMR are that: the Council has a 7.74 years supply of housing; housing delivery of 906 units including 87 affordable rented and 120 shared ownership; the council has a 17.32 years supply of gypsy and traveller pitches and 6.68 years supply of travelling Show-people plots; 59.8ha of net additional land was completed for employment uses; 331.9ha of net additional land was committed to employment uses; the largest element of supply is for strategic warehousing and this comprises two sites (1 allocated, 1 other) at Magna Park near Lutterworth.

RESOLVED that publication of the 2019/20 Annual Monitoring Report on the Council’s website be approved.

Summary of Reasons:

To meet the requirements of legislation governing Local Plan monitoring.

BLABY LOCAL PLAN REGULATION 18 CONSULTATION RESPONSE

The Cabinet considered the Response to Blaby District Council’s New Local Plan Options (Regulation 18) Consultation. Responding to the Consultation meets the requirements of the duty to cooperate and enables the Council to influence the policy and site allocations.

Councillor King invited Councillor Bannister to speak on this report. Councillor Bannister stated that he had an interest in this item because one of the suggested sites seen as being suitable in consideration of the Local Plan is the Western Pastures site, and if this were to be developed it would have a significant impact on the villages and settlements on the whole of his ward. Willoughby Waterleys Residents Association has raised a number of points for consideration with Councillor Bannister as follows:-

• Para 3.1 of the Consultation response states that ‘Leicester City confirmed an unmet housing need of 7,800 dwellings to 2036’ however the Leicester City Plan hasn’t undergone any examination, there is no adopted Local Plan and it is likely that the unmet housing need figure will be altered, therefore should the word ‘confirmed’ be altered ? • Para 3.2 refers to 555 dwellings per annum, derived from the Strategic Growth Plan. It would be helpful to show residents in particular when that figure is adopted, how the figure is derived and on what evidence.

• Para 4.2 refers to a report on ‘strategic warehousing and logistics which is expected shortly. When will this report be produced, and should a clearer timescale be provided ? • In relation to Para 5.3, a request was made to specifically mention Willoughby Waterleys in relation to the proposals for the strategic site at Whetstone Pastures, as this will be the nearest village in the settlement hierarchy. • In relation to Para 6.2, HDC may want to give an opinion on whether some of the sites may have more merit than others.

After having spoken for his allotted time, Councillor Bannister agreed to send the remaining points for consideration to the Director of Planning and Regeneration. These are in relation to ensuring that the near settlements, such as Willoughby Waterleys, are protected by areas of separation and a green wedge. Also infrastructure will be needed for large scale settlements and it is a big risk to consider settlements on a piecemeal basis without a holistic approach to the development and infrastructure required.

The Director of Planning and Regeneration prefaced his responses to the questions and points raised by Councillor Bannister, stressing that the Blaby Plan is not yet a fully formed Plan, and there will be a number of stages where the Council can make more detailed comments including Regulation 19 when a draft plan will be in place. The comments made by Councillor Bannister will be considered by Officers.

The Director of Planning and Regeneration replied to the question relating to Para 3.1, that although the Council needs to see clarification and evidence of unmet need figure, Leicester City has declared this figure as an unmet need. Regarding Para 3.2 checking work regarding the evidence base will be undertaken, following the changes in circumstances which have occurred. The study on strategic warehousing and logistics is a partnership study and a more precise timescale will be requested. In reference to Willoughby Waterleys and the strategic site at Whetstone Pastures, if this was adopted the Local Plan would have mitigation for the village, such as proper landscaping adjacent to the village. The Council can make this detailed point at a later stage of the consultation. In relation to sites which may have more merit than others, the Council are still at a very early stage of evaluation and evidence is still coming forward as to which sites are the best.

RESOLVED that the submission of the consultation response, (as set out in Appendix A to the report) to Blaby District Council’s New Local Plan Options (Regulation 18) Consultation 2021 be approved, subject to final agreement between the Portfolio Holder and the Director of Planning and Regeneration.

Summary of Reasons:

To provide a consultation response to Blaby District Council’s New Local Plan Options (Regulation 18) Consultation.

Councillor Hallam left the meeting.

LEICESTER AND LEICESTERSHIRE STRATEGIC GROWTH PLAN

The Cabinet considered the report providing an update of the current programme of strategic planning work in relation to the Leicester and Leicestershire 2050: Our Vision for Growth – Strategic Growth Plan (SGP).

The SGP, as detailed at Appendix C to the report is a non-statutory plan. It sets out the strategic growth strategy for the Leicester and Leicestershire Housing Market Area to 2050. It was finalised and approved by all partner Councils of Leicester and Leicestershire in 2018.

Since preparation of the SGP, Midlands Connect have undertaken further work to investigate the need for the ‘A46 Expressway’ previously proposed and referred to within the SGP. This included modelling the transport implications of the scale and distribution of growth as set out within the SGP, including the A46 priority growth corridor. The Midlands Connect A46 Stage 2 Study summarises the results of this transport modelling work. In broad terms, this report concludes that for drivers travelling long distances using the A46 corridor (which extends from Tewksbury to the Humber) a new grade- separated road of ‘expressway’ standard to the south and east of Leicester would not attract sufficient users to justify its construction. As such, Midlands Connect are not in a position to make a business case to Government for funding for the A46 Expressway to the south and east of Leicester.

In approving the SGP on 10th December 2018, the Council resolved to note a number of caveats to its support and commitment to the SGP, as detailed in Appendix A to the report. The most significant of such caveats is the following:

• If the A46 Expressway is not delivered the SGP will be reviewed and an alternative distribution of growth considered.

This point was reiterated by Cabinet in July 2020 following the review by the Communities Scrutiny Panel, as detailed in Appendix B to the report and resolved the following:

• That if the route of the A46 Expressway as envisaged in the SGP (i.e. around the South and East of Leicester) cannot be delivered then a review of the housing distribution should be instigated.

A programme of work is currently underway to assess the continued appropriateness of the SGP in light of changing circumstances, including publication of the Midlands Connect A46 Stage 2 Study. This is being overseen by the Leicester and Leicestershire Members Advisory Group (MAG) and coordinated by the Leicester and Leicestershire Joint Strategic Planning Manager. This programme of work includes: an updated Housing and Economic Needs Assessment; a Strategic Growth Options Assessment and Constraints Mapping and a Strategic Transport Assessment.

The Strategic Transport Assessment will test both the existing spatial distribution of growth as set out in the SGP as well as alternative distribution strategies, and these work areas are expected to be completed during 2021 and early 2022 and will be reported back to the Members Advisory Group (MAG) for full consideration, together with identifying any resulting actions required, including any future update of the SGP.

Until such time as the programme of work outlined above to assess the continued appropriateness of the SGP has been completed and any actions arising considered by MAG, the recommendation is to support the work programme in line with Cabinet and Council’s previous caveats.

Not supporting the programme of work to assess the ongoing appropriateness of the Leicester and Leicestershire Strategic Growth Plan could have significant negative consequences for the Council and is not recommended.

Councillor Bannister asked in relation to this matter in the Minutes of the Cabinet meeting of the 6th July 2020, where it was agreed that ‘HDC should contact Midlands Connect to seek clarification that alternatives to A46 Expressway South and East of Leicester are being considered and also to

emphasize the importance of improving the A5 corridor’ whether Midlands Connect had responded to the correspondence and if so whether this can be shared.

Councillor Bannister referred to paragraph 5.9 of the report, where a programme of works is mentioned and asked for clarity regarding the strategic options which are being considered. Councillor Bannister had attended a meeting in Willoughby Waterleys with the Leader of Blaby District Council concerning Western Pastures and the number of houses which may be situated there, which resulted in Willoughby Waterleys Residents Association undertaking work on a proposal for a ‘western option’ where housing could be placed. This proposal had been put forward to a number of local authorities, Leicestershire County Council and Members of Parliament and to an HDC Communities Scrutiny Panel, however Councillor Bannister commented that no-one has progressed the option and asked whether that proposal raises the possibility of another route and is worthy of any additional work as an option for the MAG, Midlands Connect or another appropriate body, so that it can be resolved whether or not it is a viable option for discussion in respect of the Strategic Growth Plan review.

Councillor King stated that Midlands Connect were looking at the A46 Expressway from a strategic point of view, whether having a route to the east and south of Leicester would be more cost efficient and have an economic benefit and a transport benefit to through traffic which would be using the trans-Midlands corridor (identified as primarily as the route of the existing A46/M69 between Gloucestershire and Immingham). Midlands Connect issued a report on this in the Autumn of 2020 detailing that this route to the east and south of Leicester was not supported as a through route and was not cost effective, due to its length. Midlands Connect have identified that the traffic flows can be dealt with by modifications to junctions to the north and west of Leicester, at the Hobby Horse roundabout junction, Syston and at the Leicester Forest East area. This will also accommodate the speed up of transfer of traffic from the M69 to the A46, and is being progressed.

Councillor King confirmed that points had been made by the Council to Midlands Connect about the importance of improving the A5 corridor and is an accepted point in Midlands Connect’s strategy.

Councillor King stated that Leicestershire County Council and Leicester City Council have said that some sort of connectivity neds to be developed on the southern and eastern side of Leicester, and the mechanism for doing this is part of their Strategic Transport Assessment, as radial issues also need to be taken into account.

Councillor King reported that on the recent announcement by the government that East Midlands airport is going to be allowed to bid to become a freeport with the potential of many jobs created, resulting in a substantial amount of future growth in the northwest of Leicestershire, which is diametrically opposed to the south east of Leicester.

It has been acknowledged that the government agency will not support a funding bid for a sub- motorway standard dual carriageway to go round the south of Leicester. Councillor King stated that it is not clear as to what the alternatives would be, which he has raised at the MAG meetings. It is crucial that the Council has an update on the Housing and Economic Needs Assessment to understand where homes and employment will be.

Additional factors will need to be considered as a result of coming out of the pandemic, e.g will there be more home working and whether that will have a short or long term effect. The Strategic Transport Assessment will test the existing spatial distribution as indicated by the current SGP as well as alternative distribution strategies being considered.

The Chief Executive commented on the route proposed by the Willoughby Waterleys Residents Association and advise that when the Plan is reviewed it will cover all aspects and there will be an opportunity to consider evidence which has been provided to the Council on alternative routes. If it is demonstrated when the evidence is collated at the end of 2021 that a review is required then the various options will be considered, which may include previously submitted options.

RESOLVED that:

(i) the current programme of strategic planning work in relation to the Leicester and Leicestershire 2050: Our Vision for Growth - Strategic Growth Plan: December 2018 be supported as set out in paragraphs 5.9 and 5.10 to the report.

RECOMMENDED TO COUNCIL:

That the current programme of strategic planning work in relation to the Leicester and Leicestershire 2050: Our Vision for Growth - Strategic Growth Plan: December 2018 be supported as set out in paragraphs 5.9 and 5.10 to the report.

Summary of Reasons

Since the Leicester and Leicestershire 2050: Our Vision for Growth - Strategic Growth Plan (SGP) was published in December 2018, a number of significant issues have emerged, including further transport work and the ongoing implications of the Covid-19 pandemic. As such a programme of strategic planning work covering Leicester and Leicestershire has been prepared.

This programme of work will assess the ongoing appropriateness of the SGP in light of changing circumstances since its preparation and inform any future update of the SGP.

TO CONSIDER MATTERS OF SPECIAL URGENCY

There were none.

The meeting ended at 7.15 pm