COLCHESTER BOROUGH COUNCIL Cabinet Wednesday, 14 June 2017 at 18:00

Cabinet Meeting

Grand Jury Room, Town Hall, High Street, Colchester, CO1 1PJ Wednesday, 14 June 2017 at 18:00

The Cabinet deals with the implementation of all Council services, putting into effect the policies agreed by Full Council and making recommendations to Full Council on policy issues and the budget.

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Information for Members of the Public Access to information and meetings You have the right to attend all meetings of the Council, its Committees and Cabinet. You also have the right to see the agenda, which is usually published 5 working days before the meeting, and minutes once they are published. Dates of the meetings are available at www.colchester.gov.uk or from Democratic Services. Occasionally meetings will need to discuss issues in private. This can only happen on a limited range of issues, which are set by law. When a committee does so, you will be asked to leave the meeting. Have Your Say! The Council values contributions from members of the public. Under the Council's Have Your Say! policy you can ask questions or express a view to most public meetings. If you wish to speak at a meeting or wish to find out more, please refer to Attending Meetings and “Have Your Say” at www.colchester.gov.uk Audio Recording, Filming, Mobile phones and other devices The Council audio records all its public meetings and makes the recordings available on the Council’s website. Audio recording, photography and filming of meetings by members of the public is also permitted. The discreet use of phones, tablets, laptops, cameras and other such devices is permitted at all meetings of the Council. It is not permitted to use voice or camera flash functionality and devices must be kept on silent mode. Councillors are permitted to use devices to receive messages and to access papers and information via the internet and viewing or participation in social media is at the discretion of the Chairman / Mayor presiding at the meeting who may choose to require all devices to be switched off at any time. Access There is wheelchair access to the Town Hall from St Runwald Street. There is an induction loop in all the meeting rooms. If you need help with reading or understanding this document please use one of the contact details at the bottom of this page and we will try to provide a reading service, translation or other formats you may need. Facilities Toilets with lift access, if required, are located on each floor of the Town Hall. A vending machine selling hot and cold drinks is located on the ground floor. Evacuation Procedures Evacuate the building using the nearest available exit. Make your way to the assembly area in the car park in St Runwald Street behind the Town Hall. Do not re-enter the building until the Town Hall staff advise you that it is safe to do so. Library and Community Hub, Colchester Central Library, 21 Trinity Square, Colchester, CO1 1JB telephone (01206) 282222 or textphone 18001 followed by the full number you wish to call e-mail: [email protected] www.colchester.gov.uk

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COLCHESTER BOROUGH COUNCIL Cabinet Wednesday, 14 June 2017 at 18:00

Members:

Leader and Chairman Councillor Paul Smith (Liberal Democrats) Councillor Tina Bourne (Labour) Councillor Mark Cory (Liberal Democrats) Councillor Annie Feltham (Liberal Democrats) Councillor Mike Lilley (Labour) Councillor Beverley Oxford (The Highwoods Group) Councillor Jessica Scott-Boutell (Liberal Democrats) Councillor Tim Young (Labour)

AGENDA - Part A (open to the public including the press)

Members of the public may wish to note that Agenda items 1 to 5 are normally brief.

1 Welcome and Announcements a) The Chairman to welcome members of the public and Councillors and to remind all speakers of the requirement for microphones to be used at all times. (b) At the Chairman's discretion, to announce information on:

• action in the event of an emergency; • mobile phones switched to silent; • the audio-recording of meetings; • location of toilets; • introduction of members of the meeting.

2 Urgent Items To announce any items not on the agenda which the Chairman has agreed to consider because they are urgent, to give reasons for the urgency and to indicate where in the order of business the item will be considered.

3 Declarations of Interest The Chairman to invite Councillors to declare individually any interests they may have in the items on the agenda. Councillors should consult Meetings General Procedure Rule 7 for full guidance

Page 3 of 202 on the registration and declaration of interests. However Councillors may wish to note the following:-

• Where a Councillor has a disclosable pecuniary interest, other pecuniary interest or a non-pecuniary interest in any business of the authority and he/she is present at a meeting of the authority at which the business is considered, the Councillor must disclose to that meeting the existence and nature of that interest, whether or not such interest is registered on his/her register of Interests or if he/she has made a pending notification.

• If a Councillor has a disclosable pecuniary interest in a matter being considered at a meeting, he/she must not participate in any discussion or vote on the matter at the meeting. The Councillor must withdraw from the room where the meeting is being held unless he/she has received a dispensation from the Monitoring Officer.

• Where a Councillor has another pecuniary interest in a matter being considered at a meeting and where the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the Councillor’s judgement of the public interest, the Councillor must disclose the existence and nature of the interest and withdraw from the room where the meeting is being held unless he/she has received a dispensation from the Monitoring Officer.

• Failure to comply with the arrangements regarding disclosable pecuniary interests without reasonable excuse is a criminal offence, with a penalty of up to £5,000 and disqualification from office for up to 5 years.

4 Minutes To confirm as a correct record the minutes of the meeting held on 15 March 2017.

Minutes 15-03-17 9 - 18

5 Call-In Procedure To consider any items referred by the Scrutiny Panel under the call- in procedure. At the time of the publication of this agenda, there were none.

6 Have Your Say! a) The Chairman to invite members of the public to indicate if they wish to speak or present a petition at this meeting – either on an item on the agenda or on a general matter relating to the terms of reference of the Committee/Panel not on this agenda. You

Page 4 of 202 should indicate your wish to speak at this point if your name has not been noted by Council staff.

(b) The Chairman to invite contributions from members of the public who wish to Have Your Say! on a general matter relating to the terms of reference of the Committee/Panel not on this agenda.

7 Commercial Services

7(i) Colchester Housing Development Company 19 - 22 See report by the Head of Commercial Services

7(ii) Creation of New Commercial Companies 23 - 60 See report by the Chief Executive

7(iii) Purchase of Properties in Osborne Street, Colchester 61 - 64 See report by the Strategic Director, Commercial and Place

7(iv) Northern Gateway - Approval of Heads of Terms for Long 65 - 70 Leasehold Disposal of Site at Axial Way See report by the Strategic Director, Commercial and Place

7(v) Trading Board Annual Report 2016-17 71 - 84 See report from the Strategic Director, Commercial and Place

8 Strategy

8(i) Revised Scheme of Delegation to Officers 85 - 112 See report by the Monitoring Officer

9 Housing and Communities

9(i) Grant Funding to Family Mosaic Housing Association to 113 - Provide Additional Affordable Rented Housing 118 See report by the Assistant Chief Executive

9(ii) Request for Delegated Authority to Agree the Award of a 119 - Contract 122 See report by the Assistant Chief Executive

9(iii) Disposal of Gothic House, Wivenhoe 123 - See report by the Head of Commercial Services 130

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10 Business and Culture

10(i) Colchester and Ipswich Museums Service Stage 2 Application 131 - to the Heritage Lottery Fund for Skills for the Future Funding 134 2018-22 See report by the Head of Community Services

10(ii) Mercury Theatre Redevelopment 135 - See report by the Chief Operating Officer 138

11 Resources

11(i) Section 299A Funding and Appointment of the Main 139 - Contractor for the Conversion of the Former Garrison 144 Gymnasium into a Community Centre See report by the Head of Community Services

11(ii) Member Development Group: Annual Report to Cabinet 2016- 145 - 17 156 See report by the Assistant Chief Executive

12 General

12(i) Appointments to Outside Bodies and Council Groups 157 - See report by the Assistant Chief Executive 200

12(ii) Progress of Responses to the Public 201 - To note the contents of the Progress Sheet 202

13 Exclusion of the Public (Cabinet) In accordance with Section 100A(4) of the Local Government Act 1972 and in accordance with The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 to exclude the public, including the press, from the meeting so that any items containing exempt information (for example personal, financial or legal advice), in Part B of this agenda (printed on yellow paper) can be decided. (Exempt information is defined in Section 100I and Schedule 12A of the Local Government Act 1972).

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Part B (not open to the public including the press)

14 Minutes (Part B) To approve the not for publication extract from the minutes of the meeting on 15 March 2017.

Minutes 15-03-17 - not for publication extract

• This report is not for publication by virtue of paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (financial / business affairs of a particular person, including the authority holding information).

15 Commercial Services (Part B)

15(i) Colchester Housing Development Company - Part B See report by the Head of Commercial Services

15(ii) Purchase of Properties in Osborne Street, Colchester - part B See report by the Strategic Director - Commercial and Place

15(iii) Northern Gateway - Approval of Heads of Terms for Long Leasehold Disposal of Site at Axial Way - Part B See report by the Strategic Director, Commercial and Place

16 Housing and Communities (Part B)

16(i) Disposal of Gothic House, Wivenhoe - Part B See report by the Head of Commercial Services

17 Resources (Part B)

17(i) Section 299A Funding and Appointment of the Main Contractor for the Conversion of the former Garrison Gymnasium into a Community Centre - Part B

Page 7 of 202 See appendix to the Head of Community Services report

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CABINET 15 March 2017

Present: - Councillor Smith (Chairman) Councillors Bourne, Cory, Feltham, Graham, Lilley, B. Oxford and T. Young

Also in attendance: - Councillors Davies, Elliott, Goss, G. Oxford, Scott and Willetts

143. Minutes

RESOLVED that the minutes of the meeting held on 1 February 2017 be confirmed as a correct record.

144. Colchester and Ipswich Museums Award

Councillor Smith, Leader of the Council and Portfolio Holder for Strategy, announced that Colchester and Ipswich Museums had won Best Guidebook for a Museum category in the Association of Cultural Enterprises award.

145. Have Your Say!

Councillor Scott addressed the Cabinet pursuant to the provisions of Meetings General Procedure Rule 5(1) to express her concern about air pollution in urban areas, particularly near schools. Dealing with air pollution in partnership with Essex County Council and other district councils should be a priority. It was damaging the health of young people and it was imperative to act now. The problem was exacerbated by the fact too many people drove pupils to school. The Council needed to look at radical measures such as road closures to improve safety and lessen pollution .She asked Cabinet to update on the action it had taken on this issue.

Councillor Bourne, Portfolio Holder for Housing and Public Protection, explained that the number of air quality sensors had been increased. The topography of Colchester meant that it was difficult to change driving habits and the joint initiative to part pedestrianise the High Street had been abandoned. However, the Council had been very successful in bringing in funding to fit improvements to buses which was significantly reducing pollution on bus routes.

Councillor Lilley, Portfolio Holder for Safer Communities and Licensing, explained that he had discussed air quality issues with the Deputy Leader of Essex County Council. They were looking to secure funding and had undertaken to prioritise Colchester, should funding become available. He was also looking at reducing the age of vehicles which could be

Page 9 of 202 used as taxis.

Councillor Goss addressed the Cabinet pursuant to the provisions of Meetings General Procedure Rule 5(1) about his concern about congestion in North Colchester, especially around North Station. North Colchester had a number of facilities which generated traffic, such as the Park and Ride, the hospital and the Community Stadium. It was important to secure the co-operation of Essex County Council. The Leader of the Council should write to the Leader of Essex County Council to see how the authorities could collaborate to deal with the issue. It was also important to work with the bus companies to reduce the cost of public transport. It could be useful to debate congestion at Full Council, possibly at an Extraordinary Council Meeting, or to set up a Task and Finish Group.

Councillor Smith, indicated that he would write to the Leader of Essex County Council on the issue and consider what further action could be taken once a response had been received.

Councillor Graham, Portfolio Holder for Waste and Sustainability, and Councillor Lilley, Portfolio Holder for Safer Communities and Licensing, also responded and stressed the importance of partnership working with Essex County Council. Colchester Borough Council had also brought into a number of initiatives to improve sustainable travel options, such as a car club and the Fixing the Link scheme. It was the view of Essex County Council that it was for Colchester businesses to lead on pedestrianising the High Street.

146. Colchester Northern Gateway Heat Network

The Strategic Director, Commercial and Place, submitted a report a copy of which had been circulated to each Member.

Fiona Duhamel, Economic Growth Manager, and Teresa Hogsbjerg, Interim Economic Development Manager, made a presentation to Cabinet explaining how a heat network worked and how it would make an effective contribution to the United Kingdom’s carbon reduction targets. It highlighted why the Northern Gateway was a suitable site for a Heat network, the preferred option for the heat network and the economic, environmental and social benefits that would result.

Councillor Davies attended and with the consent of the Chairman, addressed the Cabinet to express her surprise that no borehole testing had been undertaken as part of the feasibility study. This should be undertaken before the project was progressed further.

Councillor Smith, Leader of the Council and Portfolio Holder for Strategy, indicated that initial investigations had shown that there was no reason why the area should not be suitable, and that no contracts would be signed until all the testing was complete. The scheme was dependent on grant funding from government. Parallels were drawn with the project to install photovoltaic panels on Council houses, where considerable technical difficulties were overcome to deliver an innovative scheme that benefitted residents and delivered environmental benefits.

Councillor Cory, Portfolio Holder for Resources, thanked officers for their work in bringing forward this innovative scheme, which demonstrated the Council’s commitment to deal with

Page 10 of 202 carbon emissions.

RESOLVED that:-

(a) The recommended proposal to create a Heat Network and supporting infrastructure on sites at Northern Gateway, south of Axial Way be approved subject to the approval of a full business case which was set out in the report on Part B of the agenda.

(b) To note the recommendations in the report on Part B of the Agenda, as follows:-

• To approve the detailed business case set out in the for the proposed development project including the capital and revenue assumptions and implications for the Council’s budget and Medium Term Financial Forecast.

• To include the scheme in the capital programme on the assumption of the figures and funding shown within this report, noting that further commercialisation work would be required prior to appointment of a contractor.

• To approve the proposed set up of a company for the development and management of the network noting that a further report to Revolving Investment Fund Committee with details on the governance arrangements of the company will be brought back prior to the creation of any structure.

• To approve the use of New Homes Bonus monies for initial start-up of the company.

REASONS

To enable the installation of an “infrastructure first” heat network scheme within the new Colchester Northern Gateway destination to provide a sustainable, affordable district heating system to businesses and homes.

To create a new commercial income stream for the Council and to ensure that the financial costs to the council of delivering the scheme over the programme period are clear and accounted for.

To provide the first phase of delivery in a strategy at the Northern Gateway to deliver the heat network infrastructure alongside proposals to create ultrafast broadband and other areas of environmental sustainability enabling delivery of a “best practice” case-study which can be applied to other new business locations and can be considered as an option for the new Garden Communities.

To create developments with a lower Carbon footprint in line with Council Strategic objectives.

ALTERNATIVE OPTIONS

Page 11 of 202 Do nothing. The population of the borough is set to grow from 180,420 to 193,806 residents by 2020. If the Council were to carry on with business as usual, without taking any mitigating action such as implementing low carbon projects such as this, Colchester could see a potential increase in carbon emissions of 11% by 2020 compared to current levels.

Deliver this at a later date. However this would mean that the opportunity would have gone to deliver an infrastructure first scheme, as the wider development would have commenced and there would be no lever and incentive to get businesses and developers to sign up to this form of heat network. The ability to secure external match funding may also be less likely as this project is being viewed as a pilot scheme.

147. Senior Management Restructure

The Chief Executive submitted a report a copy of which had been circulated to each Member.

Adrian Pritchard, Chief Executive, presented the report to Cabinet. The proposals sought to ensure that the Council continued its journey to be ready for the changing face of public services. Public sector austerity measures would continue for the next 5 to 10 years and the Council needed to be ready for the challenges that would result. As well as providing a significant saving, the proposals would put a renewed emphasis on provision of commercial services, with a public service ethos. The Council had already moved towards company structures for some services, but it was now proposed to establish a wholly owned local authority company, Colchester Commercial, which would contain a number of the existing commercial services. Further advice would be sought to ensure that the commercial ventures were set up in the most tax efficient way and a further report on their shape would be submitted to Cabinet in June 2017. However, any companies would be single shareholder companies and the dividends would come back to the Council. If the proposals were agreed, a 30 day consultation with affected officers would begin. The proposals would also be referred to the Scrutiny Panel as part of the consultation.

Councillor Willetts attended and with the consent of the Chairman, addressed the Cabinet. The report addressed two different issues: the restructure of the Council’s senior management team and the introduction of a company structure to deliver commercial services. In terms of the restructure of the senior management, this was welcomed as it would ensure that it was prepared for its future role. However in comparison with other similar sized organisations, it was still top heavy and it was hoped that the structure would continue to be fine-tuned as time progressed. The establishment of a commercial company was also welcomed. This would give a clearer focus and would enable the Council to take advantage of business opportunities and provide more flexible recruitment to ensure the Council had the skills it needed. A wider range of services could be incorporated into the company than was envisaged in the report: services such as Planning and Bereavement Services could also be included. The proposals were in line with the commissioning model that the Conservative group had previously advocated for the Council.

Councillor Smith, Leader of the Council and Portfolio Holder for Strategy, explained that the proposals were different to a commissioning model, where the profits went to shareholders of private companies. What was proposed was single shareholder

Page 12 of 202 companies with dividends returned to the Council. It would be inappropriate for some Council services, such as Planning and Bereavement Services, to be delivered for profit in a commercial environment. In comparison with Essex County Council, Colchester Borough Council’s management structure was lean and responsive. All staff transferred to the commercial ventures would be transferred under TUPE arrangements on existing terms and conditions. Whilst the savings that would accrue were welcome, the key rationale behind the restructure was to ensure that the Council was run in a modern, efficient way to ensure the delivery of good quality services. The views of the Scrutiny Panel would be welcomed, particularly on the governance arrangements around the new company and its relationship with the Council.

Councillor T. Young, Portfolio Holder for Culture and Regeneration, Councillor B. Oxford, Portfolio Holder for Customers and Councillor Bourne, Portfolio Holder for Housing and Public Protection, thanked the Chief Executive and expressed their support for the proposals.

RESOLVED that:-

(a) The senior management restructuring proposals contained in the Chief Executive’s report and its appendices be approved to begin the 30 day consultation period.

(b) The report be referred to the Scrutiny Panel for their comments as part of the consultation process.

(c) Authority be delegated to the Chief Executive, in consultation with the Leader of the Council, to approve any minor structural changes following the formal consultation. Should changes be sought from the proposal to the position of Chief Executive then a formal decision will be taken by the Leader of the Council.

(d) A further report to Cabinet be presented on the most effective Company structure for the commercial ventures together with a relevant business case.

(e) The Chief Executive to implement the new structure applying the normal human resources policies of the Council.

(f) The Chief Executive be allowed to determine the most appropriate arrangement (TUPE or secondment) for existing staff in CBC to work in the new commercial ventures.

(g) The £208k savings in 2018/2019 be included as part of the medium term financial

Page 13 of 202 forecast and to utilise some of the existing ‘redundancy reserve’ for the one off cost of implementation.

REASONS

The Council is progressing a number of commercial type approaches which impinge of the operation of the Senior Management Team. In addition, the Council faces further budget reductions and a more efficient senior management structure can contribute to its savings target.

ALTERNATIVE OPTIONS

To make no changes to the senior management whilst agreeing, on an ad-hoc basis company structures for specific opportunities.

Councillor T. Young (as Chairman of Colne Housing) declared a pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5).

148. Disposal of Maytree Court, Tiptree

The Head of Commercial Services submitted a report a copy of which had been circulated to each Member.

Councillor Elliott attended and, with the consent of the Chairman, addressed the Cabinet. Maytree Court was no longer fit for purpose and he supported the decision to dispose of the property. However, Tiptree’s population was continuing to grow and with the closure of Maytree Court needed further facilities. Some of the proceeds from the sale should be used to develop further facilities in Tiptree.

Councillor Bourne, Portfolio Holder for Housing and Public Protection, thanked Tiptree ward Councillors for their support which had meant that residents of Maytree Court had been helped through the process. The Sheltered Housing review had concluded that the future of Maytree Court be reviewed and it would be very difficult and expensive to redevelop it to meet the Colchester Standard. It would not be possible to reinvest the receipt in Tiptree as it would go to the Housing Revenue Account, but there would be some investment in Tiptree from other sources in the near future.

RESOLVED that:-

(a) The Housing Revenue Account budget project team recommendation that Maytree Court, Tiptree be disposed of on the open market be approved.

(b) Authority be delegated to the Assistant Chief Executive, in conjunction with the Portfolio Holder for Housing and Public Protection, to agree offers made on the property and settle final terms and consequential matters to complete any sale.

Page 14 of 202 Housing Revenue Account (HRA) Estimates report.

REASONS

As previously reported and most recently in the HRA Estimates report that went to Cabinet on 1st February 2017, the current Government introduced a number of changes during 2015 and 2016, including the Housing & Planning Act and the 1% rent reduction announcement, which has changed the viability of the HRA Business Plan. The rent reduction resulted in removing £143million of assumed rental income over the life of the 30 year business plan, significantly impacting our capacity to deliver on the plan’s objectives. At the end of 2015 a joint CBC/CBH project team looked at ways of addressing the loss of income of £9.7 million over the first four years, and it identified and planned a number of ways of increasing income and reducing expenditure, which were included as part of the 2016/17 HRA budget setting cycle and which are currently part way through being delivered.

As part of this joint project team mentioned above a number of projects were reviewed including the Sheltered Housing Programme alongside the Sheltered Housing project team.

In 2011 a review of Council owned sheltered housing was carried out. This review made a number of recommendations about the Council’s sheltered housing. The aim of the review was to improve accommodation for older people in the borough and ensure that our sheltered housing meets the needs of older people now and in the future.

The recommendations from the review were to sell two properties on the open market (to fund improvements to other schemes), fully refurbish four schemes to provide self- contained accommodation and to review the future use of four schemes, one of which is Maytree Court.

ALTERNATIVE OPTIONS

Not to dispose of Maytree Court. This would result in a need to continue to invest in the property in the knowledge that it does not represent value for money in the long term. Significant investment would be needed to ensure that the property remains accessible for residents (the lift needs replacement as does the heating system). There has been an emergency only repair policy at Maytree since 2011 (due to the scheme being part of the future options group) and therefore there is currently a back log of circa £155k of capital works at the scheme. Little could be done to improve the layout of the property

To retain the property and lease it to a registered provider. The investment required to the property would still need to be met in order to comply with the legislation around energy ratings and to maintain the asset. The Council would need to undertake this work, as owner of the asset. If a registered provider were to undertake the work, this would need to be repaid through the rental income. It is highly unlikely that this would produce a rent that would be affordable to prospective tenants, making the work unviable.

149. External Painting and High Level Works Contract

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The Assistant Chief Executive submitted a report a copy of which had been circulated to each Member.

RESOLVED that:-

(a) The contractor named in minute 152 be appointed to deliver the External Painting and High Level Works contract subject to references and following the successful completion of the section 20 process with Leaseholders. This is a requirement in accordance with the Commonhold and Leasehold Reform Act 2002, section 151.

(b) The Council to enter with the successful contractor into a 4 + 2 year Joint Contracts Tribunal (JCT) Standard Form of Measured Term Contract 2011.

REASONS

The original procurement approach agreed by Cabinet on 28 January 2009 was one of a full Official Journal of the European Union (OJEU) process with the Council acting as the awarding body for any contracts placed and Colchester Borough Homes (CBH) acting as the employer’s agent (Contract Administrator). This contract was awarded in 2010 on a 4 + 2 year JCT Standard Form of Measured Term Contract 2006 Edition Revision 2 (2009). The full extension term has been used and this contract expired in July 2016.

A further procurement process was started by the Project Team placing an advert on Contracts Finder and conducting an open procedure utilising a suitability assessment questionnaire. Contracts Finder is the electronic procurement portal for contracts worth over £10,000 with the government of its agencies.

A full section 20 process was followed as the contract would involve working on Leasehold properties. This contract value was below the OJEU threshold so was not required to be compliant to the full OJEU process.

As a result of this exercise seventeen contractors were invited to tender for the works. Tenders were returned and opened by officers on 16 January 2017. An evaluation exercise took place based on the criteria set out in the tender documents which included assessment of price and quality (method statements). As a result of this a final recommendation was concluded.

The procurement approach agreed by Cabinet on 1 December 2010 as part of the Asset Management Strategy is to let a JCT Form of Contract for this and similar types of work.

ALTERNATIVE OPTIONS

There are few alternative options as this programme forms part of the Council Statutory obligations as a Landlord and protects both our customers and the housing asset. The procurement process followed complies with the Public Procurement Regulations 2015.

Page 16 of 202 The principal alternative would be not to complete this work which could result initially in a decline in appearance of the housing stock and estates; longer term the council’s assets falling into disrepair and losing value.

150. Progress of Responses to the Public

The Assistant Chief Executive submitted a progress sheet a copy of which had been circulated to each Member.

RESOLVED that the contents of the Progress Sheet be noted.

REASONS

The progress sheet was a mechanism by which the Cabinet could ensure that public statements and questions were responded to appropriately and promptly.

ALTERNATIVE OPTIONS

No alternative options were presented to the Cabinet.

The Cabinet resolved under Section 100A(4) of the Local Government Act 1972 and the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 to exclude the public from the meeting for the following item as it involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.

151. Colchester Northern Gateway Heat Network – Approval of Full Business Case

This minute is not for publication by virtue of paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (information relating to the financial or business affairs of a particular person, including the authority holding the information).

152. External Painting and High Level Works Contract

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Page 18 of 202

Item Cabinet 7(i) 14 th June 2017

Report of Director of Commercial and Place Author Holly Brett ℡ 508830 Title Colchester Housing Development Company Wards All affected

This report seeks approval of a full business case for the creation of a new Housing Development Company which will be wholly owned by Colchester Borough Council

1. Decision(s) Required

1.1 To note the decisions required in the confidential Part B paper.

2. Reasons for Decision(s)

2.1 The Council has ambitious plans to bring house building to the forefront of its housing aspirations; to build homes year on year that meet the needs of local people and to lead the way in developing levels of affordable homes in line with the emerging Local Plan and that enhance local areas by building sustainable communities

2.2 The creation of the Housing Wholly Owned Company (HWOC) is the first step in developing a business plan that will see the company develop homes now and into the future. The business case contained within Part B of this report outlines the initial pipeline of schemes that will be the building block for future oppourtunites to be delivered

2.3 The model is flexible and adaptable and able to meet market demands and the needs of local people with the ability to bring more sites on stream as the company grows and homes are provided for the community

2.4 The objectives behind creating a (HWOC) to deliver new housing are: • Increase the supply of homes including a high level of affordable homes and the Council maintain influence over the type of housing that is built and where it supports local community needs • The HWOC will look to make best use of Council assets • To set high standards for housebuilding and energy efficiency • To increase the number of construction apprentices • To generate local employment • To control the pace of delivery and the completion of units • The HWOC will generate a commercial return to the Council

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3. Alternative Options

3.1 The Council could decide not to proceed with a Housing Company but this would limit the number of new homes that could be delivered over the programme period. 34 new homes were delivered previously within the HRA in 2015, but plans to carry out further development were halted by government changes to rents which removed borrowing headroom within the HRA.

3.2 The Council would also not benefit from the commercial income opportunity offered by the Company structure.

3.2 If the Council is committed to delivering new build homes the Company structure is currently the most effective way to bring forward development and to provide a commercial return on capital borrowed.

4. Supporting Information

4.1 In 2015 the Council completed the development of the first new Council homes in over twenty years. The Council delivered 34 highly sustainable homes on garage sites across the borough, these were delivered directly by the Council on time and on budget using a local building contractor. Colchester Borough Homes (CBH) were employed by CBC to act as intelligent client on the project; providing advice in areas such as the internal specification of the homes. CBH were responsible for letting the homes upon completion.

4.2 Following the successful completion of the first tranche of units, there were plans for a second phase of units using the HRA borrowing headroom to fund the development as well as some right to buy receipts. However due to the 1% rent reduction, the HRA headroom and therefore borrowing capacity was significantly reduced and therefore this phase was put on hold due to lack of sustainable funding

4.3 Officers were tasked with exploring alternative ways to deliver housing without relying on the HRA headroom. There are many examples of Councils setting up WOC’s to deliver housing and there are many variations to the model depending on the individual Councils’ objective. The Council appointed Ridge Property Consultants to produce a development strategy for Colchester spanning the next ten years. Ridge was appointed as they had recently completed the HRA Asset Management Strategy for the Council and Colchester Borough Homes and had a good understanding of Colchester stock profile. This strategy identified a number of asset opportunities which could be used to bring forward new homes.

4.2 The report that Ridge produced also highlighted that the development of new homes presents a commercial opportunity for the Council should it wish to develop the homes directly and explore future revenue sources e.g. private rented and or generate capital receipts. It also identified that in order to create more affordable homes, private homes would need to be developed in order to cross subsidise at a time when the HRA is under pressure and grants are diminishing.

4.3 As part of this initial feasibility process carried out by Ridge, research was carried out to explore the various delivery vehicles available to the Council should it wish to develop mixed tenure housing. Experiences from other local authorities were reviewed alongside

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legal advice from Pinsent Mason and financial advice from the Chartered Institute of Housing.

4.4 In March 2016 an initial proposal was presented to Cabinet which led to the approval in principle for the creation of a wholly owned company for building new homes. At that time it was acknowledged that further detailed work was required to develop a business case and in late 2016 consultants, Grant Thornton, were engaged by the Council to give specialist legal and financial advice. The early stages in the development of the project sought to integrate:

• The Councils objectives for developing more housing

• Developing a sustainable income to the Council

• Building resilient communities

• Identifying suitable areas for development including underutilised CBC owned land

• Possible company structure and their impacts to the Council

• Legal and financial impacts of setting up a WOC to develop homes

• Best practice from other local authorities

4.5 Grant Thornton have set out the taxation advice, proposed company structures, the financial model for assessing the viability of the sites and advice on the sites themselves. This work has been reviewed and revised in order to generate a financial model that is viable and satisfies the councils housing objectives and formed the basis of the Business Case in Part B.

5. Proposals

5.1 To establish the HWOC as set out in the business case at Part B in order to deliver a pipeline of new homes in the borough

6. Strategic Plan References

6.1 This proposal contributes directly to the following Strategic Plan priority area:-

• Provide opportunities to increase the number of homes available including those that are affordable for local people and to build and refurbish our own Council houses for people in significant need

7. Consultation

7.1 The proposed Housing Company has not been subject to formal consultation at this stage but a report on the principle of such a company has been to Cabinet and been approved (see Background Paper). Once the programme of delivery and associated sites have been agreed then work can commence bringing specific sites forward for

Page 21 of 202

planning applications. Each site brought forward will be consulted on as part of the planning process in the usual way. Some sites form part of the emerging Local Plan and have been subject to consultation through this process.

8. Publicity Considerations

8.1 It is anticipated that there will be significant public interest in the new Housing Company and a Communications Plan which relates to the company but also to specific sites within this first programme of delivery will be completed. It is anticipated that this Communications Plan will form part of the Business Plan of the HWOC which will be approved by the HoldCo.

9. Financial implications

9.1 The full financial implications are set in out in full in Part B of this report

10. Equality, Diversity and Human Rights implications

10.1 http://www.colchester.gov.uk/CHttpHandler.ashx?id=20652&p=0

11. Community Safety Implications

11.1 N/A

12. Health and Safety Implications

12.1 N/A

13. Risk Management Implications

13.1 There is a full risk register relating to this project and is managed to ensure risks are identified and mitigated where possible

13.2 The principle risks are outlined in the business case contained in the exempt Part B paper.

Page 22 of 202 Item Cabinet 7(ii) 14 June 2017

Report of Chief Executive Author Adrian Pritchard ( 282211 Title Creation of N ew Commercial Companies Wards All wards affected

This report request s Cabinet to approve the creation of new commercial companies.

Summary

This report requests authority from the Cabinet to the creation of a holding company and a subsidiary company (Trading Company). Two companies have already been approved by Cabinet (Housing Company and Energy Company) and these companies together with the Trading Company will be subsidiaries of the holding company. This structure is being created in order for the Council to progress its stated social policies in housing and energy provision together with some commercial ambitions.

1. Decisions Required

1.1 Approve the Business Case and the formation of Colchester Commercial (Holdings) Limited (Colchester Commercial) and its group structure.

1.2 Approve the Business Case and formation of a subsidiary company (TradingCo) as part of Colchester Commercial.

1.3 Note that the Business Cases have been approved separately by Cabinet for the Colchester Heat Network Company (EnergyCo) and the Housing Development Company (HouseCo) and will now form subsidiaries of the Holding Company (Colchester Commercial).

1.4 Delegate to the Chief Executive in consultation with the Leader of the Council, authority to finalise the Articles , and the Shareholder Agreement including the associated Reserved Matters for Colchester Commercial and the TradingCo.

1.5 Approve the Board of Directors for Colchester Commercial of up to 5 Directors, comprising 4 Borough Councillors, and the Managing Director of Colchester Commercial.

1.6 Approve the Board of Directors for EnergyCo comprising 3 Directors, being the Managing Director and Assistant Director of Colchester Commercial, and a Colchester Borough Council Senior Officer.

1.7 Approve the Board of Directors for HouseCo comprising 3 Directors, being the Managing Director and Assistant Director of Colchester Commercial, and a Colchester Borough Council Senior Officer.

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1.8 Approve the Board of Directors for TradingCo comprising 3 Directors, being the Managing Director and Assistant Director of Colchester Commercial, and a Colchester Borough Council Senior Officer.

1.9 To note that the Trading Board Terms of Reference will be revised to include their role regarding new trading opportunities, and performance monitoring for Colchester Commercial.

1.10 To note that the existing budget and financial forecasts will be used as the basis of operation for the group structure for this financial year.

1.11 Authorise the Chief Executive to determine the Colchester Commercial and subsidiary company names.

1.12 Authorise the Chief Executive, following consultation with the Leader of the Council to agree the Human Resources policies that will be adopted by Colchester Commercial and its subsidiary companies.

1.13 To note that Service Level Agreements for services between the Council and the company group structure will be based on existing recharge levels for this financial year as set out in the Business Case, and will be reviewed as part of the 2018/2019 Business Plan.

1.14 Authorise the Chief Executive, following consultation with the Leader of the Council to take any other actions that are required to establish the Group Company Structure with its three subsidiaries described in this report and to enable them to commence trading activities.

1.15 To authorise the Monitoring Officer to make any consequential amendments to the Constitution.

1.16 To appoint the Chief Executive of the Borough Council as Managing Director of Colchester Commercial on a one day a week basis on pro rata pay terms to that currently received with effect from 1 July 2017. This will reduce the Chief Executives current contract with the Borough Council to four days a week.

1.17 To note the Chief Executive has the authority to appoint, within the Council restructure, the Assistant Director and Commercial Services Manager posts within the Company.

1.18 To agree to allocate £250k from the New Homes Bonus to meet one off costs in respect of set up and implementation of proposed companies as set out in section 4.

1.2 Reasons for Decision(s)

Following the Cabinet’s decision on 15 March 2017 the proposed company structures will enable the Council to operate in a more commercial culture and environment to address the challenges of further budget reductions. The company structure together with a more efficient senior management structure within the Council will contribute to the Council’s savings targets.

1.3 Alternative Options

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Not to create the company structure but to consider commercial opportunities on an ad hoc case by case basis. This is not considered appropriate and accordingly is not being recommended.

2. Background

2.1 Cabinet at its meeting on 15 March 2017 approved a report regarding the senior management restructure. One of the decisions agreed was that a further report to Cabinet be presented on the most effective Company structure for the social policy responsibilities and commercial opportunities together with a relevant business case. This report deals with those issues.

2.2 As financial constraints on local authorities specifically and the public sector more generally continue over the next 5 to 10 years then local authorities need to look towards more self-sufficiency in generating income and being more efficient in service delivery. This then enables the focus of resources to be on providing services to those in most need in society together with continuation of the more universal local government services provided to all residents within the Borough.

2.3 Therefore there needs to be a renewed emphasis on the delivery of some major policy initiatives (housing and energy supply) and more commercial services to grow business and increase income and resources. Equally important is the use of our assets for income generating purposes and a greater need to concentrate on creating and taking opportunities in the commercial market place. In addition financial borrowing to invest in business and property investments is another area to help generate much needed revenue funding for the Council. Much of this we have been doing to date but a more appropriate company and senior management structure provides for the focus and expertise to deliver even more fully on the Council’s aspirations and commercial aspects of the Council’s financial needs.

2.4 The Borough Council has a well-established company structure in Colchester Borough Homes. It also has a smaller but equally focussed Colchester Community Stadium Company which specifically concentrates its efforts on the Community Stadium activities and both the commercial and community benefits derived from its use.

2.5 Cabinet at its meeting on 15 March 2017 approved the business case for the establishment of a heat network company (Energy Co) subject to a further report being submitted regarding governance arrangements. This report also deals with those issues.

2.6 The establishment of company arrangements and the delivery of services via a company has a number of advantages over continuing within the local authority structure. These include:- • Clear focus on its remit • Quicker decision making processes • Ability to take advantage of business opportunities as they arise • Scope to change the employment package offered • Ability to attract different skills and workforce • Accelerating the different culture required • Better tracking and response to market changes • Integration into the commercial sectors’ networking opportunities

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• Speeding up delivery of redevelopment more generally and affordable homes specifically • Take advantage of other public sector partner aspirations in better utilisation of their land and property assets

2.7 A wholly owned local authority company allows appropriate democratic control retaining a public sector ethos but enables it the freedom to operate more commercially and respond to the needs of its customers and the business sectors in which it operates.

2.8 There are some potential financial implications relating to creating and operating a Company including changes to VAT requirements and corporation tax on profits made. Advice has been sought on these implications from Grant Thornton together with legal advice from Pinsent Mason which have been used to inform the business case for the proposed company structures. These are provided as confidential background papers.

2.8 As part of the senior management restructure it was proposed to place Sport and Leisure within the company structure. This remains an expectation but due to VAT and NNDR issues in particular further work needs to be completed before finally determining if Sport and Leisure makes financial sense to include as a subsidiary of Colchester Commercial. A further report will be provided to Cabinet once that work is complete.

3.0 Proposed Company Structures

3.1 It is proposed that the Council establishes a holding company, Colchester Commercial (Holdings) Limited (Colchester Commercial) which will be wholly owned by the Council, which in turn will own three wholly owned subsidiary companies specialising in housing development (HouseCo) , energy services (EnergyCo) and estates services, regeneration, events, cut and helpline (TradingCo). It is intended that Colchester Commercial will be a non trading company.

3.2 Cabinet at its meeting on 15 March 2017 approved the business case for the establishment of a Heat Network Company and in a separate report to this meeting has been asked to approve a business case for the formation of a Housing Development Company. This report seeks Cabinet approval for the establishment of Colchester Commercial and TradingCo. It is proposed that the three subsidiaries would be overseen by Colchester Commercial which would manage the overarching business of the three subsidiaries. For completeness this report refers to all three subsidiaries for approval even though two have already now been approved.

Proposed Company Structure

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3.3 This proposed structure has the potential to enable a greater degree of flexibility around management and funding and ensures that the Council retains overall strategic control. The Council will exercise its control via:

(a) Nominating councillors to the Colchester Commercial Board; (b) approving an annual Colchester Commercial Business Plan which will govern the over-arching business of the subsidiary companies; and (c) implement a decision making matrix that will ensure certain strategic decisions require Council approval.

3.4 With the formation of any company there will be some legal company documentation that is required to be agreed and completed. This report seeks delegated authority to the Chief Executive to finalise this as set out in the decisions required at paragraph 1 above.

3.5 It is proposed that Colchester Commercial goes live on 1 July 2017 with 4 posts consisting of Managing Director, Assistant Director, Commercial Services Manager, and Finance Manager. The subsidiary companies of HouseCo, EnergyCo, and TradingCo will be established from 1 October 2017.

4. Financial Implications

4.1 This report and attached business case sets out the proposals to create a commercial company structure. It should be read in conjunction with the separate report setting out the housing company business case and with reference to the business case agreed in respect of the Northern Gateway Heat Network company.

4.2 The table below sets out a summary of the Council’ revenue budget position for the proposed Colchester Commercial and TradingCo. The position also includes the senior management review savings and a summary of the estimated revenue impact on the Council of the EnergyCo and proposed HouseCo.

2017/18 2018/19 2019/20 2020/21 £'000 £'000 £'000 £'000 Management Fee / charges for services 1,426 1,216 1,086 1,086 Income re:-support functions (586) (586) (586) (586) Senior Management restructuring (60) (208) (208) (208) Total cost to C olchester Borough Council (CBC) 780 422 292 292

Existing budget - trading services 494 494 494 494 Existing budget - senior management roles 241 241 241 241 Total existing budgets 735 735 735 735

Comparison to existing budget 45 (313) (443) (443)

New business case areas:- Energy Company - CBC position 66 (80) (77) (74) Housing Company - CBC position (4) (26) (103) (286)

Overall Net change compared to 17/18 budget 107 (419) (623) (803)

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4.3 The summary shows a forecast saving to the Council compared to the current budget of £0.8m. It should be noted that this includes some projections already included in the MTFF.

4.4 The business case makes a number of assumptions including:-

• The companies will use support services provided by the Council. • An allowance has been made for additional one-off and recurring costs as a result of the company proposals. • The existing budget plans and forecasts for existing ‘commercial’ services have been included within the business case with an additional uplift reflecting an improvement in financial performance from the company arrangements. • Consideration has been given to taxation implications but further work is required to fully assess the impact for the company in particular in respect of VAT. • At this stage a neutral impact across the Council and companies in respect of employer pensions.

4.5 It should also be noted that the position for 2017/18 shows full budget costs and it will be necessary to apportion costs between the Council and companies when they start. There is also further work required to finalise and agree SLAs (Service Level Agreements) between the Council and companies. This will all be considered as part of the steps to agree the management fee for the companies in 2018/19.

4.6 A detailed business plan will be produced by the companies setting out the 2018/19 budget with projections for later years. This will inform the Council’s 2018/19 budget and MTFF.

4.7 There remains work to conclude the setting up of the Colchester Commercial and TradingCo and to fund one off costs, some of which will require further work to confirm. The Council agreed to allocate £2.036m in the 2018/19 budget from the New Homes Bonus to support a number of objectives. As part of the decision in respect of the EnergyCo it was agreed by the RIF committee that £300k from the New Homes Bonus be earmarked to support the initial set up of the company. Given the forecast costs shown in this report it is proposed that the Council allocates a further £250k from New Homes Bonus in 2017/18 to support the delivery and implementation of the company proposals including those set out within the HousingCo business case.

4.8 In setting up the proposed companies it is important to consider the transfer of risk from the Council to the company. The Council does not include any general contingencies within service budgets with any ‘in year’ budget variances managed corporately as part of the normal budget monitoring process. The Council does though consider financial risks as part of the assessment of the recommended level of balances.

4.9 When the Council setup Colchester Community Stadium Ltd a ‘cashflow’ loan was provided to cover setup costs and initial cashflow. As part of finalising the company arrangements consideration will be given to an appropriate loan facility.

5. Legal Implications

5.1 The result of the proposals contained in this report are that:

(a) the Council would be a shareholder of a holding company (Colchester Commercial) and indirectly through Colchester Commercial own and control

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three subsidiary companies limited by shares TradingCo, HouseCo and EnergyCo. (b) Colchester Commercial would appoint a board to each subsidiary company. (c) the Council will enter into a Shareholder's Agreement with Colchester Commercial through which it would be able to control the company and via Colchester Commercial have control over; HouseCo, EnergyCo and TradingCo.

5.2 The Council will approve a Decision Making Matrix which clearly shows the major decision making powers held by the Council; Colchester Commercial; and the three subsidiaries.

5.3 The Local Government Act 2003 ("2003 Act") enables the Council to borrow (Section1) and/or invest (Section12) money for any purpose relevant to its functions. Accordingly, in order for the Council to have the vires to prudentially borrow and/or lend funds to either HouseCo or EnergyCo, it must be shown that doing so is relevant to the Council's 'functions'.

5.4 There have been no cases under the 2003 Act to assist in the interpretation of 'functions'. However in, relation to the incidental power in Section 111 of the Local Government Act 1972 Act, the Court held that 'functions' refers to the "multiplicity of specific statutory activities that a Council is expressly or implicitly under a duty to perform or has power to perform under any relevant legislation".

5.5 The Council has the following powers that are relevant to the commercial ventures pursued by HouseCo, EnergyCo and TradingCo:-

(a) the power to produce heat, establish and operate generating stations for the purposes of producing heat and the power to sell heat (Section11 of the Local Government Miscellaneous Provisions Act 1976); (b) a multitude of powers and duties in in respect of the development and provision of housing pursuant to the Housing Act 1985 and other relevant legislation; and (c) the power to establish wholly owned companies to carry out trading and commercial activities pursuant to the General Power of Competence (Section1 Localism Act 2011); the incidental powers (pursuant to Section 111 of the Local Government Act 1972); and the trading powers (contained at Section 95 of the Local Government Act 2003).

5.6 Accordingly, the Council has the legal power to carry out the relevant commercial ventures and, as such, these commercial ventures can be said to be 'functions' of the Council. On this basis, it is clear that the powers under Sections 1 and 12 of the 2003 Act can be used as authority for the Council to borrow and invest money to fund capital expenditure required by HouseCo, EnergyCo and TradingCo’s working capital requirements.

5.7 The legal advice confirms that Colchester Commercial and the subsidiaries will be considered Contracting Authorities and be subject to the procurement requirements contained in the Public Contract Regulations 2015. However the advice confirms that the exemption contained in regulation 12 of the Public Contract Regulations 2015 (otherwise known as the Teckal exemption) will permit the Council and each of the subsidiaries to award contracts to each other without the need for a procurement process.

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6. Human Resources Implications

It is proposed that staff currently employed in the areas within the Council where the functions are being transferred to the subsidiary companies will be transferred pursuant to the Transfer of Undertakings Protection of Employees Regulations 1998 (known as TUPE). The staff would transfer into the employment of the relevant Subsidiary on the same terms and conditions that they received in the employment of the Council.

In relation to other support or ad hoc Council staff these would be seconded to the company and paid for by the company or the service bought from the Council again paid for by the company.

7. Risk Management Implications

A risk register has been developed and is included as an appendix to the Business Case.

8. Strategic Plan References

8.1 The strategic plan sets out the direction of the Borough and Council in the medium term. This company structure will ensure implementation of the plan and capacity in the areas of priority.

9. Equality, Diversity and Human Rights, Publicity, Consultation, Community Safety, Health, Safety Implications

9.1 None particularly identified at this stage.

10. Publicity Considerations

10.1 It will be important to inform residents, via our web presence of these changes. In addition, we will inform our public sector partners with whom we provide services to the public and to the private sector, who can take advantage of some of our property development requirements via contract for goods and services.

Exempt Background Papers

Grant Thornton’s report – Council Holding Company Financial, Tax and Legal Advice. Not for publication by virtue of paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (financial / business affairs of a particular person, including the authority holding information)

Pinsent Mason’s report - Colchester Borough Council’s Colchester Commercial Ventures Legal Options Report. Not for publication by virtue of paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (financial / business affairs of a particular person, including the authority holding information)

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Creation of Colchester Commercial (Holdings) Limited and a Trading Company

Business Case

June 2017 Digital Challenge business case – Cabinet 16 March 2016 - 1 - Page 31 of 202 CONTENTS PAGE

1. Executive Summary

1.1 Purpose 1.2 Drivers for Establishing Colchester Commercial (Holdings) Limited 1.3 Benefits for Establishing Colchester Commercial (Holdings) Limited 1.4 Financial Benefits for establishing Colchester Commercial and its subsidiaries

2. Introduction

2.1 Background 2.2 Scope and Structure 2.3 Strategic Fit 2.4 Trading Company 2.5 Housing Company 2.6 Energy Company

3. Process

3.1 Property and Assets 3.2 Intellectual Property 3.3 Policies and Procedures 3.4 Information Sharing 3.5 Data Protection 3.6 Freedom of Information 3.7 Business Development 3.8 Marketing Strategy

4. Governance and Management

4.1 Colchester Commercial Board of Directors 4.2 Colchester Commercial’s Managing Director and Company Secretary 4.3 Management of Subsidiaries 4.4 Trading Board

5. Financial 5.1 Existing Service Budgets 5.2 Support Services / Recharges from the Council 5.3 Charges to the Council / Management Fees 5.4 New Costs – Implementation and recurring costs 5.5 Contingency / risk factor 5.6 Holding Company 5.7 New Areas

Page 32 of 202 5.7.1 Housing Company 5.7.2 Heat Network 5.8 Summary position

6. Human Resources

6.1 Staffing 6.2 Pensions 6.3 Organisational Development/Culture Change 6.4 Apprenticeship Programme

7. Risk Management Plan

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1. EXECUTIVE SUMMARY

1.1 Purpose

This Business Case is designed to provide: • Benefits and advantages of establishing a Holding Company, Colchester Commercial and a subsidiary Trading Company, • Governance structure for Colchester Commercial and the Trading Company • Financial overview of Colchester Commercial’s forecast performance, • Board and management structures

Colchester Commercial (Holdings) Limited (Colchester Commercial) will be a wholly owned local authority company, limited by shares and the Council will be the sole shareholder. Initially Colchester Commercial will be established via its group structure to maximise asset return, deliver on some of the Councils social policy priorities and deliver commercial services. Colchester Commercial will be a non- trading company.

In addition, the business case looks to establish a trading company for certain services together with integrating into the company structure, two further subsidiary companies already established (Energy Company and Housing Company).

1.2 Drivers for Establishing Colchester Commercial Holdings Limited

There are two main drivers for the Council why it is establishing Colchester Commercial and its subsidiary Trading Company: • To meet the objectives of the Council’s Strategic Plan 2015-18 and, • To meet the objectives of the Council’s Medium Term Financial Forecast 2017/18 to 2020/21.

1.3 Benefits of a Trading Company

A wholly owned local authority (trading company) allows appropriate democratic control, retaining a public sector ethos but enables it the freedom to operate more commercially and respond to the needs of its customers and the business sectors in which it operates.

The establishment of company arrangements has a number of advantages over continuing within the local authority structure. These include:- • Creating and embedding commercial culture, • Clear focus on its remit and quicker decision making processes • Scope to change the employment package offered • Ability to attract different skills and workforce

Page 34 of 202 • Better response to market changes taking advantage of opportunities • Integration into the commercial sectors’ networking opportunities • Generate profits to meet the aims of the Council. • Speeding up delivery of redevelopment more generally and affordable homes specifically. • Take advantage of other public sector partner aspirations in better utilisation of their land and property assets.

1.4 Financial Benefits for Establishing Colchester Commercial and its Subsidiaries

The financial benefits of establishing the Company and its Subsidiaries are summarised in the table, below showing a forecast saving to the Council compared to the current budget of £0.8m. It should be noted that this includes some projections already included in the MTFF. Further details can be found in Section 4 of this report and the full business case attached. In addition, the separate business cases for establishing the Energy Company and the Housing Company shows significant financial gains to the Council.

2017/18 2018/19 2019/20 2020/21 £'000 £'000 £'000 £'000 Overall net change compared to 17/18 budget 107 (419) (623) (803)

2. INTRODUCTION

2.1 Background

As financial constraints on local authorities specifically and the public sector more generally continue over the next 5 to 10 years, local authorities need to look towards more self-sufficiency in generating income and being more efficient in service delivery. This then enables the focus of resources to be on providing services to those in most need in society together with continuation of the more universal local government services provided to all residents within the Borough.

Therefore, there needs to be a renewed emphasis on the more commercial services to grow business and increase income and profitability, whilst delivering on some of the Councils social policy objectives of increasing housing supply; reducing energy poverty; and greater environmental sustainability. Equally important is the use of our assets for income generating purposes and a greater need to concentrate on creating and taking opportunities in the commercial market place. In addition, financial borrowing to invest in more lucrative business and property investments is another area to help generate much needed revenue funding for the Council. Much of this we have been doing to date but a more appropriate company and senior management structure provides for the focus and expertise to deliver even more fully 5

Page 35 of 202 on the commercial aspects of the Council’s financial needs.

The Local Government Act 2003 restricts local authorities from making a profit from its services, although they are able to offset on costs. The Localism Act 2011 enables local authorities to undertake activities to make a profit but only if delivered within a company.

A local authority trading company is a company established by the local authority in order to offer its services on a commercial basis. Local authorities can establish local authority trading companies through the powers in Section 95 of the Local Government Act 2003, and the Local Government (Best Value Authorities) (Power to Trade) (England) Order 2009.

The Council is legally able to establish a wholly owned trading company where the Council retains full control over the direction of the local authority trading company, and manages its risks and receives the benefits in full. The Council will be the sole shareholder.

2.2 Scope and Structure

This Business case sets out the plans for, and the benefits of the Council’s establishment of Colchester Commercial (Holdings) Limited known as “Colchester Commercial” and a subsidiary trading company for the provision of community alarms, CCTV monitoring; events; estates and regeneration. Colchester Commercial will be a wholly owned company, and each subsidiary is in turn, established as a wholly owned subsidiary of Colchester Commercial.

Colchester Commercial will be the conduit for governance and business plans for the subsidiaries.

Proposed Structure

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Currently ‘In Scope’ The detailed business plans for the Housing Company (HouseCo) and the Energy Company (EnergyCo) have been independently produced, with the Trading Company (TradingCo) business plans to be developed once the Colchester Commercial has been established.

It is proposed that Colchester Commercial goes live 1 July 2017 with 4 posts consisting of Managing Director (1 day a week), Assistant Director, Commercial Services Manager, and Finance Manager. The subsidiary companies of HouseCo, EnergyCo, and TradingCo will be established from 1 October 2017. HouseCo will comprise of 1or 2 posts, and EnergyCo will initially consist of 1 post.

TradingCo will initially encompass the current Events Service, Helpline, and the CCTV Monitoring Service, along with the Estates and Regeneration functions totaling 105 headcount of staff transferring from the Council, including 61 casuals from the Monitoring and Events services. Service Level Agreements (SLA’s) will be agreed for these business areas in terms of recharges and income targets.

Future Scope It is believed there are advantages to the Sport and Leisure business being set up as a Not for Profit Company and more detailed analysis of this business is to be carried out with further advice to be obtained regarding VAT and NNDR implications. However, the successful candidate appointed to the role of Commercial Services Manager within Colchester Commercial will be asked to manage the Sport and Leisure business on behalf of the council whilst this analysis work is undertaken. This analysis will also be looking at the systems used by this business due to the large number of transactions. The Commercial Services Manager will then produce a detailed Business Plan for the Sport and Leisure Business for 2018/2019 onwards which will either have been incorporated into the company structure or will remain in the service delivery of the Borough Council.

The reason for a manager in Colchester Commercial to manage Sport and Leisure is to continue its transition in cultural and performance terms.

2.3 Strategic Fit

In 2015 the Council adopted the Strategic Plan 2015-18.

The Strategic Plan 2015-18 has a vision statement: "Rich heritage, ambitious future" and strategic descriptions of what we will work towards under:-

Vibrant Promoting our heritage and working hard to shape our

future.

Prosperous Generating opportunities for growth and supporting

infrastructure.

Page 37 of 202 Thriving Attracting business and selling Colchester as a destination. Welcoming A place where people can grow and be proud to live. The establishment of company arrangements has a number of advantages over continuing within the local authority structure. These include:-

• Create a commercial culture • Clear focus on its remit • Quicker decision making processes • Ability to take advantage of business opportunities as they arise • Scope to change the employment package offered • Ability to attract different skills and workforce • Accelerating the different culture required • Better tracking and response to market changes • Integration into the commercial sectors’ networking opportunities. • Generate profits to meet the aims of the Council. • Speeding up delivery of redevelopment more generally and affordable homes specifically. • Take advantage of other public sector partner aspirations in better utilisation of their land and property assets.

The advantages and disadvantages are shown in the table below:

Advantages Disadvantages

Page 38 of 202 Colchester Commercial will provide a Creates an additional administrative layer "strategic anchor" for the subsidiaries which may hav e resource and cost implications Enables the Council to exercise absolute control whilst creating an Creates an additional board for which the appropriate balance of autonomy and Council will need to nominate degree of separation from the Council representatives

Provides a forum for elected members / executives to provide leadership and accountability whilst allowing senior officers to manage and represent the subsidiaries

Its own company decision making process whilst dovetailing into the Council's governance process.

Provides a 'tried and tested' structure that is widely adopted in the private sector

Enables prudential borrowing and external finance solutions to be accommodated at subsidiary level

Colchester Commercial will focus on:-

• Ensuring delivery of some of the Councils social policy responsibilities • Maximising asset return, • Delivering the Council’s commercial services via TradingCo, and • Building further Council properties from the General Fund

2.4 TradingCo

The TradingCo will manage and deliver the future income targets for the following:

• The Events Service, • Helpline and CCTV monitoring. • Sports & Leisure activities across the Borough (subject to further work and a further Cabinet report)

It will also:

• Manage on behalf of the Council, its Estates and Regeneration functions.

Page 39 of 202 • Consider the potential re-alignment of services to provide new income generation • Focus Service Reviews on commercial income opportunities

2.5 Housing Company

The Council has agreed to establish a Housing Company (HouseCo) which will be part of the group of companies, as a subsidiary of Colchester Commercial to ensure it operates in line with Council philosophy and delivers on the Council’s priorities. As the Council has agreed in principle to consider building further properties from the General Fund and for Colchester Borough Homes to manage the rental properties, it seems logical to utilise the expertise and senior management capacity within Colchester Borough Homes.

2.6 Energy Company The Council has agreed to establish the Heat Network Company (EnergyCo) which will be part of the group of companies as a subsidiary of Colchester Commercial to ensure it operates in line with Council philosophy and delivers on the Council’s priorities.

3. Process

The Council will continue to provide support services to Colchester Commercial through Service Level Agreements (SLAs). SLA’s will be based initially on recharges which will be reviewed in line with the Support Services listed below. The remainder of 2017/2018 will be utilised to fully review and implement full SLA’s ready for 2018/2019.

Colchester Commercial will negotiate individual SLAs with each of the Council’s support services to reflect the needs of Colchester Commercial as a whole and each of its subsidiaries. Each SLA will include measurable performance indicators, break clauses and remedies for non-performance.

There will be an annual review process whereby SLAs are refined to more accurately reflect the support required by Colchester Commercial.

Support Services include:

• HR Support, including recruitment and training, • Payroll and Pensions • Finance- transactional finance functions and financial controller activities, • IT- provision of IT equipment and services- including helpdesk support, • Customer Services, • Telephone answering service and taking telephone payments, • Insurance provision (buildings, vehicles, employers and public liability), • Legal Support as and when required. 10

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3.1 Property and Assets

The registered office of Colchester Commercial and its subsidiaries will be Rowan House, 33 Sheepen Road, Colchester, CO3 3WG .

3.2 Intellectual Property

Intellectual property will be purchased from the Council at a nominal value when Colchester Commercial via its subsidiaries starts trading.

3.3 Policies and Procedures

Colchester Commercial will continue to use all relevant Council policies and procedures in the first instance. However pay terms and conditions for newly appointed staff will be reviewed and adopted in line with future needs.

3.4 Information Sharing

An information sharing protocol will be developed during implementation.

3.5 Data Protection

Colchester Commercial will comply with the relevant legislation and guidance concerning Data Protection, including adopting suitable policies and procedures to ensure data is adequately safeguarded.

3.6 Freedom of Information

Colchester Commercial will be subject to requests for the disclosure of information under the Freedom of Information Act 2000 in its own right. As such, Colchester Commercial will maintain a record management system that complies with the relevant guidance concerning the maintenance and management of records.

Colchester Commercial will liaise with the Council as appropriate to ensure consistency in answering Freedom of Information requests and provide such information to the Council as it may require to answer requests it has received.

3.7 Business Development

In line with the Council’s Vision and Values, the Colchester Commercial approach to business development will be:

• Focus on retaining our existing customer base whilst driving up quality and bringing down costs, • Expand our customer base and income streams, • Develop new and innovative services, and 11

Page 41 of 202 • Build key customer relationships from a network of potential clients that will include local land and property owners, Local Authorities, Parish Councils, and Public Sector agencies.

3.8 Marketing Strategy

In line with the Council’s Vision and Values, Colchester Commercial will develop its marketing strategy and an identifiable brand to potential customers.

4. GOVERNANCE AND MANAGEMENT

This Business Case will be delivered in full compliance with the governance requirements set out by the Council. Colchester Commercial will seek to maintain and enhance the Council’s reputation and brand for high standards.

Colchester Commercial will establish and maintain an effective service and financial performance management reporting system which will include effective reports to Colchester Commercial Board and the Council’s Trading Board.

Colchester Commercial will be subject to any audit and inspection requirements of the Council.

4.1 Colchester Commercial Board of Directors

Colchester Commercial’s Board of Directors shall comprise up to five Directors:

(a) Four Borough Councillors and; (b) Colchester Commercial’s Managing Director.

Colchester Commercial and its subsidiaries will deliver on some of the Borough Council's Social Policy objectives whilst retaining a public sector ethos and operating in a commercial environment. One of the four Borough Councillors will be the Council’s Portfolio Holder for Commercial Services.

The quorum for board meetings shall be three and each director shall have one vote.

Board meetings shall be held at least quarterly.

An agenda for the meeting will be prepared and distributed not less than five business days prior to the meeting.

Except where the information is commercially sensitive, minutes of Board meetings will be provided to the Trading Board for noting.

4.2 Colchester Commercial’s Managing Director and Company Secretary

The Managing Director of the Colchester Commercial shall be the Chief Executive of

Page 42 of 202 the Council. The Managing Director will act as the key conduit between Colchester Commercial and the Council, and shall have overall responsibility for ensuring compliance with the Shareholder Agreement.

The Company Secretary function of Colchester Commercial shall be carried out by the Finance Manager.

4.3 Management of the Subsidiaries

The Subsidiaries of Colchester Commercial will be managed by an Assistant Director as set out in the Subsidiaries Business Plans.

TradingCo will be managed by the Commercial Services Manager, who will work up full business plans for Helpline, CCTV, Events, and Sport and Leisure. A review of the management and resources of the Estates Events and Regeneration Function are currently under review and will be implemented prior to staff being transferred to the Company.

4.4 Trading Board

Councillors who are appointed as Colchester Commercial board directors cannot be full members or substitutes of the Trading Board.

The role of the Trading Board of the Council will be reviewed and revised to:

(a) Recommend, where relevant, the constitution and appointment of the Board of Directors, (b) Receive, review and recommend the Colchester Commercial business plans annually, (c) Review the financial performance of Colchester Commercial, and (d) Make recommendations to Full Council on how it should exercise the functions flowing from its ownership of shares.

The Trading Board will still not have decision making powers but will make recommendations to the Cabinet as now.

5. FINANCIAL

5.1 Existing service budgets

The proposals within this report include creating company arrangements for a number of existing Council services. The following table sets out a summary of the 2017/18 direct budgets for these areas:-

CCTV and Events Commercial Estates and Total Helpline Management regeneration

Page 43 of 202 £'000 £'000 £'000 £'000 £'000 Direct Expenditure 844 384 24 810 2,062 Direct income (1,067) (496) 0 (5) (1,568) Net direct cost / (surplus) (223) (112) 24 805 494

The existing budgets include some changes, specifically:-

• Senior management restructuring, including the deletion of the Economic Growth Manager post and changes made in respect of the Commercial Services Manager.

• Review and restructure of Economic Growth team

5.2 Support Services / Recharges from the Council

The above information includes direct budgets. In addition there are a number of support services provided or costs managed centrally for which we are required to charge to service areas to reflect the full cost. The intention is that the Council will continue to provide these support services to the new companies.

As a starting point it is assumed that the Council will continue to provide support services to the commercial companies. Formal Service Level Agreements (SLAs) will be prepared to reflect services provided. Charges made will be invoiced and will be subject to VAT as applicable.

It is proposed that a review of these SLAs and charges is carried out after 6 to 9 months to ensure the content and costs reflect the services carried out.

The summary below sets out an estimate of the current total recharges made with an assessment of those that would be applicable as charges to the company. Some charges relate more to assets which would stay with the Council or reflect an allocation of central costs which would not form part of a cost of the company. The overall position is set out in the following table.

Summary Trading Estates and Total Economic Growth £'000 £'000 £'000 Insurance 13 9 22 Communications, marketing and PR 38 17 55 ICT, systems and telephony 92 60 152

Page 44 of 202 Fleet 22 - 22 Finance, HR, internal audit , PSU & legal 113 102 215 Accommodation and associated facilities 74 47 121 Total Company charges 351 234 586

Recharges remaining with the Council Repairs, PPM etc 40 25 65 Property Insurance - 42 42 Legal (council related) 3 61 64 Other corporate / allocated costs 42 37 79

Total recharges remaining within CBC 85 165 250

Total existing recharges 436 400 836

5.3 Charges to the Council / Management Fees

The proposed company includes functions which would provide services to the Council in addition to those services provided to external customers. These services include:-

• Estates and economic growth team who will deliver management of the Council’s commercial assets, broader asset management and also major investment projects.

• The CCTV service is provided to the Council as part of the community safety arrangements and also provides an out of hour’s service.

• The Events team provide management and resources to deliver community projects in addition to commercial functions

It will be necessary to agree charging methodology with the Council but this business case simply assumes that the current net cost of these functions will become a management fee paid by the Council.

5.4 New costs – implementation and recurring costs.

Consideration has been given to any additional costs to setup and run the proposed companies. These fall into 3 main areas and are set out in summary in the following table:- • Corporate ICT and finance systems. • Company costs (accounts, audit & banking etc) • Culture change / company development

One-off Recurring

Page 45 of 202 £'000 £'000 Systems Costs 95 40 Statement of Accounts, Audit etc. 25 Culture Change / Development 10 Total 105 65

Net income Projections

The income projections shown in the business case reflect those originally set out in the Events and Community Alarms business cases as amended as part of the budget process. These included assessments of the potential for income growth through new business, services and customer numbers.

In addition an initial target of a further growth in income of £100k has been assumed in 2019/20.

Taxation

Advice on taxation (VAT, Stamp Duty Land Tax and Corporation Tax) has been received and is set out in detail within the background papers. The business plans for the subsidiary companies have been reported and reflected in those reports.

Some of the key points to note are:

• Each company will be subject to Corporation Tax on its taxable profits. • Group relief applies through a ‘losses group’ meaning that any losses in one company can be used to offset profits in another company within the company structure. • In terms of VAT the companies can form a VAT group meaning that all members are treated as a single entity. • Support service charges to the companies will be subject to VAT. • In respect of the trading company most charges currently made (such as community alarms) are subject to VAT and this will continue for the company. • There is further work required to ensure that any VAT implications of the events service are fully understood and are managed.

Consideration will be given to taxation issues as part of the final arrangements of the company setup and operating arrangements.

5.5 Contingency / Risk factor

In setting up the proposed companies it is important to consider the transfer of risk from the Council to the company. The Council does not include any general contingencies within service budgets, however, any budget variances are managed corporately as part of the normal budget monitoring process. The Council does though consider financial risks as part of the assessment of the recommended level of balances.

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As part of finalising the company arrangements consideration will also be given to an appropriate loan facility to provide for any setup costs and to provide a cashflow facility for the company.

5.6 Holding Company

As set out in this Business Case it is proposed to setup a holding company; Colchester Commercial (Holdings) Limited (Colchester Commercial). This will predominantly comprise core staff resources for the company structure of: Managing Director, Assistant Director, Commercial Services Manager and Finance Manager. The estimated cost (including on-costs) is c£284k.

The cost of the team can be largely funded by existing Council budgets and was assumed in determining the senior management restructuring savings. The Finance Manager is a new position and reflects the need for additional resources within the company structure to support delivery of major projects, investment and the size of the business. Funding for this role has been identified in part from a review of the existing Economic Growth team and also from the allocation for running costs built into the Housing company and Energy company proposals.

5.7 New areas

5.7.1 Housing company

See separate report on 14 June 2017 Cabinet agenda.

5.7.2 Heat Network

On 15 March 2017 Cabinet approved the detailed business case for the proposed Colchester Northern Gateway Heat Network development (EnergyCo). It has been recommended to full Council that the scheme is included in the RIF capital programme on the assumption of the figures and funding shown within the report (including a capital contribution of £2.5m), noting that further commercialisation work is required and a further report following this phase will be brought back to RIF Committee prior to the appointment of a contractor.

The proposed setup of a company for the development and management of the heat network was agreed and that a further report with details on the governance arrangements of the company will be brought back prior to the creation of any structure. This Cabinet report now deals with the management and governance arrangements.

It was agreed to approve that £300k of New Homes Bonus monies was earmarked to support start-up costs for the Council and Company.

5.8 Summary Position

Page 47 of 202 The following table sets out the summarised financial projections for Colchester Commercial and TradingCo (the table excludes EnergyCo and HouseCo which are subject to separate business cases).

2017/18 2018/19 2019/20 2020/21 £'000 £'000 £'000 £'000 Current trading services expenditure 2,062 2,062 2,062 2,062 Holding Company staff costs 284 284 284 284 Estimated additional costs 105 65 65 65 Estimated charges from CBC 586 586 586 586 Total cost of Holding Company and Trading Company 3,037 2,997 2,997 2,997 Current income (1,568) (1,738) (1,768) (1,768) New net income growth (43) (43) (143) (143) Total external income (1,611) (1,781) (1,911) (1,911) Net implied management fee / charges to CBC 1,426 1,216 1,086 1,086

The table shows an anticipated saving by 2019/20 of £340k.

The full budgetary position for Colchester Borough Council is set out in the table below compared to the existing 2017/18 budget. This includes savings from the senior management restructuring agreed by Cabinet.

Existing budget - trading services 494 494 494 494 Existing budget - senior management roles 241 241 241 241 Total existing budgets 735 735 735 735

Comparison to existing budget 45 (313) (443) (443)

New business case areas:- Energy Company - CBC position 66 (80) (77) (74) Housing Company - CBC position (4) (26) (103) (286)

Overall Net change compared to 17/18 budget 107 (419) (623) (803)

Page 48 of 202 Some of the net additional costs in year can be met from existing budgets, such as an existing allocation for culture change.

Given there remains work to conclude the setting up of the company and to fund one off costs, some of which will require further work to confirm, it is proposed that the Council allocates £250k from New Homes Bonus in 2017/18 to support the delivery and implementation of the company proposals including the Housing company.

In addition, to the impact of these changes on the Council budget it should also be noted that the MTFF also assumes additional income in respect of increased commercial income which would be delivered within the Council. The table below sets out annual increases in income currently within the MTFF.

2018/19 2019/20 £'000 £'000 Commercial assets 395 200 Digital Strategy 40 0 Income projections in MTFF 435 200

6. Human Resources

6.1 Staffing

Services transferring to the company will involve a TUPE transfer of staff transferring to the Colchester Commercial (Holdings) Limited (Colchester Commercial) or one of its three subsidiaries companies on their existing contractual arrangements and terms and conditions.

The following table provides the headcount of services transferring to Colchester Commercial (Holdings) Limited or its subsidiaries.

Colchester Commercial/ Team Permanent Casual Subsidiary Headcount Colchester Commercial Managing Director 3 0 Assistant Director Senior Commercial Manager Subsidiary Regeneration Team and 19 0 Estates Subsidiary Monitoring Centre 20 24 Subsidiary Events 5 37 Total 47 61

It is becoming increasingly difficult to recruit to certain professional roles and attract the people with the required level of skills to deliver significant regeneration within the Borough. The formation of the company does provide an opportunity to review

Page 49 of 202 terms and conditions and salaries and develop a remuneration package which better reflects the external commercial market and address skills gaps.

In addition, the creation of the company will facilitate a re-focus on marketing, sales and income generation and as the company evolves there will be an opportunity to develop incentives to staff to deliver sales targets.

Colchester Borough Council introduced performance-related payments for Commercial Managers in 2014, in recognition of the challenges of attracting staff with commercial, private sector business skills. Commercial Managers at the Council can earn additional payments, up to a maximum bonus, depending on the achievement of income targets and procurement savings. Similar performance- related pay arrangements to building control management and staff will be implemented. In addition, the current Officer Pay Policy allows for the payments of recruitment payments (a golden hello) and retention payments.

Accepting that the terms and conditions for transferring staff are protected, we would be seeking to introduce different contractual arrangements for staff newly appointed to the company. The intention would be to offer different pension arrangements, sickness benefits, annual leave etc. The issues of creating a two tier organisation in terms of equal pay and equity are acknowledged, but this will be kept under review and managed. UNISON will continue to be consulted on the proposals as the company develops.

Colchester Borough Council is a Living Wage organisation and pays at least the living wage of £8.45 to employees. This will extend to Colchester Commercial as per staff working for Colchester Borough Council contractors.

6.2 Pensions

Staff transferring from Colchester Borough Council to the company will retain their Local Government Pension Scheme (LGPS) pensions. The company will close the LGPS pension scheme to new employees once a new set of pay and terms and conditions have been approved and an alternative pension will be provided.

When staff transfer out of the local authority an actuary evaluation has to be calculated to identify the potential impact on the Council’s primary contribution rate if the LGPS members transfer to the Company. The primary contribution rate may increase if transferring members are on average younger than the existing membership at the Council.

Based on the profile of staff transferring, it is not believed that the contribution rate will significantly change. An actuary calculation will also be required to calculate the employer contribution for Colchester Commercial (Holdings) Limited. If the employer contribution for the Council increases this will be balanced by a lower contribution rate for the company and therefore the overall financial impact will be cost neutral.

6.3 Organisational Development/Culture Change

Page 50 of 202 Investment in staffing and learning and development will be central to the success of the company. Further significant cultural shift will be required within the company if it is to be a commercial success. This will involve the establishment of a company vision, goals and new expectations in terms of working practices, clear accountabilities etc. to build some momentum.

Staff will also need to understand the difference between operating commercially within a local authority and operating in the company with an increased focus on commercial delivery and performance. This will require excellent leadership, staff engagement and coaching support.

Outcomes and performance will need to be monitored through real time information for costs, sales and income and this will require new systems and an investment in skills.

A budget of £10k has been identified from existing budgets to support staff through this transition and to ensure the Company’s commercial ambitions and targets are achieved.

6.4 Apprenticeship Programme

The company will be subject to the apprenticeship levy of 0.5% of the total salary bill. The apprenticeship levy can be used to pay for training for a new apprentice or professional and skills development for existing employees.

The transfer of staff from the Council to the company will mean that the apprenticeship levy cost for the Council will reduce by the same amount that the levy will cost the company. As a separate company, Colchester Commercial Holdings Ltd will be eligible to receive the £15k apprenticeship allowance in in its own right.

7. RISK MANAGEMENT PLAN

The Risk Management Plan including the PESTLE and SWOT analysis is provided as an Appendix to this business case.

Page 51 of 202 RISK MANAGEMENT PLAN Appendix

The Localism Act requires a Council to include a risk assessment as part of the business case when establishing a local authority trading company. This risk assessment considers the risks for the proposed holding company structure

In order to properly assess the risks associated with establishing a new company a high level PESTLE Analysis and SWOT Analysis have been prepared to inform the Risk Management Plan.

PESTLE Analysis

The PESTLE is a high level analysis that examines the external environment and identifies the Political, Economic, Social, Technological, Legal and Environmental factors that could impact the Holding Company and its subsidiaries.

Political Economic

• Reform of the planning, housing and • Investment and mortgage finance energy legislation constraints • Economic growth • Status of the housing and commercial • Need to deliver more housing property market and developments • Funding • Interest rates • Changes in national and or local • Taxation political priorities • Market and trade cycles

Social Technological

• Demand for home ownership • Energy infrastructure • Demand for helpline services • Intellectual property • Housing shortage • Innovation in construction • Consumer choice • Telecare developments • Leisure spend

Legal Environmental

• Reform in the planning system • Sustainable building requirements • Banking legislation- impact on lending • Climate change • Environmental legislation and targets • Weather conditions

The biggest impact on the company structure will be felt from fluctuation in the housing market. It will be a priority of the Housing Company to monitor trends in the housing market during its business planning process to ensure that developments respond to the requirements of the local housing market.

Page 52 of 202 This high level analysis does not raise any major concerns which would deter the Holding company structure from entering the competitive market to deliver the proposed services.

SWOT Analysis

A SWOT Analysis examines the Strengths, Weaknesses, Opportunities and Threats that would impact the Holding Company structure.

STRENGTHS OPPORTUNITIES

• Speed of decision making • Benefits from reform of planning • Reputation system • Local market knowledge • Cost reduction via implementation of • Assists Council with delivering the senior management restructure aims of the MTFS • Ability to act as developer of land • Assists the Council with delivering its • Assists the Council with accelerating strategic plan objectives the delivery of re-development and • Established team with skills and affordable homes • expertise to provide early stage Support the culture change across support the Council to a more commercial approach • Immediate access to Council • Work in partnership with partners to portfolio of land and property with ensure mutual benefit potential to create a strong pipeline • of future development projects Contract and Employment • Private sector opportunities • Apprenticeship opportunities

WEAKNESSES THREATS

• Culture of complacency • Shortage of available land • Lack of experience in a commercial • Difficult economic climate environment • Competition from other established • Resistance to change organisations in the market • Economic downturn • Exclusion and/or isolation from • Lack of investment in resources; partnerships website, systems and marketing • Property market can be subject to • Council inexperienced at developing volatility in cost and sales commercial companies working in • Adverse legislative changes. competition

Page 53 of 202 RISK MANAGEMENT PLAN

Holding Company Strategic Objectives

• To maximise on commercial opportunities, • To trade in a manner that, wherever possible, acts in the best interest of the Council and its policy objectives, • To establish the HouseCo as a successful local developer with a reputation for delivering high quality, well-designed property, • To optimise the financial return from Council owned land and property, • To make a positive contribution to the delivery of regeneration across the Borough to meet the Council’s Strategic Plan Objectives, • To recycle surplus funds generated from these projects to support the corporate objectives of Colchester Borough Council and enhance its reputation and financial viability

Commercial risks such as venture failure and financial loss ultimately resides with the Council. Wherever possible the Holding company structure shall put in place measures to mitigate risks. Providing and delivering services in a commercial environment is a new venture for the Council and as such it has not been possible to quantify all of the risks associated with such a venture. This in itself is a risk for the Council. However, proper performance management, monitoring, business planning and financial control at the Holding Company level will reduce and mitigate risk further.

The table below identifies the risks associated with the Holding Company structure and provides an outline of how each risk will be managed. Please note that the list provided below is not exhaustive and will be reviewed on a regular basis. It should also be noted that each subsidiary company in its own business planning process will include a risk register.

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Legislation Identified Risk Management of Risk Risk Score Risk Owner Likelihood 3 Changes in Planning, Housing and The HouseCo will have regard to emerging changes to national planning Impact 2 Assistant Director Energy Policies could have an policy, local planning policy and changes to legislation/regulation during Risk 6 – Commercial impact, for example, changes to the development appraisal process. These matters will be addressed Affordable Housing, Starter Homes, through business planning and the planning application process. and Self-build could impact the profitability of a particular development.

Page 55 of 202 Governance Identified Risk Management of Risk Risk Score Risk Owner Likelihood 3 Monitoring Officer The speed of the decision making In accordance with the Council’s Constitution a Full Council or Cabinet Impact 4 process may have an impact on the meeting can be convened to deal with any urgent business as can a Risk 12 Holding Company’s ability to decision by the Council’s Portfolio Holders. operate effectively in private sector The Decision Matrix will clarify decision making at various levels. markets.

Lack of key skills amongst Board Appointment by the Council of Board Members must ensure they have Likelihood 2 Chair of Members could result in the Holding the necessary skills and/or development to work in a commercial Impact 4 Colchester Company failing to maximise on environment. Risk 8 Commercial commercial opportunities. Board Appointments to the Holding Company management positions have the Likelihood 2 Managing Lack of key skills amongst necessary expertise to work in a commercial environment. Impact 4 Director of management could result in the Risk 8 Colchester Holding Company failing to maximise on commercial Commercial opportunities.

Page 56 of 202 Economic Identified Risk Management of Risk Risk Score Risk Owner The Holding Company cannot In considering an application for a loan from the Council, the Holding Likelihood 3 Chief Financial increase its indebtedness without Company shall engage with the Council’s Chief Financial Officer as early Impact 4 Officer the consent of Full Council, it is as possible to enable the Council to assess its financial position and Risk 12 likely that loans will be provided by appropriately within the MTFF. the Council (subject to Full Council approval of the Business Case for The Council shall make a decision on whether to provide the Holding the loan). Company with a loan as early as practicably possible; if it is not possible this will enable the Holding Company to consider alternative options for

If the Council’s MTFS is not financing. successfully implemented this will reduce availability of loan finance to Likelihood 3 Managing the Holding Company. This means All parties shall have regard to the Council’s decision making processes. Impact 3 Director, the Holding Company would need to borrow from the ‘market’ and as Risk 9 Colchester such will undermine the Holding Commercial

Company’s profitability and cash The Holding Company shall, wherever possible, adhere to the deadline flow as the Holding Company would not be able to benefit from the same requirements of the Council’s Committee and Council meetings. terms and conditions of a loan agreement if it went to the market for such a loan.

Changes in taxation, interest rates At present changes in taxation is not a known risk, however, the Holding Likelihood 3 Chief Financial and build cost inflation could have Company should have regard to the impact of any such changes. Impact 3 Officer an impact on the viability and Risk 9 profitability of the Holding Company. Building cost inflation is the key risk; to minimise the impact of this Assistant Director contracts will be let with costs defined. Colchester Commercial The Chief Financial Officer, and the Assistant Director of Colchester Commercial together with the Board of the Subsidiary, will monitor changes and factor any changes into the business planning process.

Page 57 of 202 Economic downturn could result in A full assessment of the market conditions will be carried out prior to any Likelihood 3 Board of less than anticipated (or even development commencing. In the event that an economic downturn Impact 4 Colchester losses) assumed in the Business occurs once a development has commenced, the Holding Company will Risk 12 Commercial Plan assess the ability to reduce costs and reduce the development.

Inability to repay loans. The Holding Company Board shall inform Full Council as soon as is Likelihood 2 Managing practicably possible of any significant changes that may impact on the Impact Director, 5 repayment of the loans. Risk Colchester

10 Commercial Where relevant the Holding Company Board shall present to Full Council an amendment to the Business Plan or, if necessary, present an Exit Strategy, for approval.

In order to prosper in a commercial The Holding Company shall through the annual review of the Business Likelihood 3 Holding Company environment, cash flow for the Plan ensure that sufficient provision is made to provide cash flow to Impact 4 Board Holding Company will be essential. achieve the aims of the Business Plan. Risk 12

Inability to finance further Should opportunities arise that are outside of the scope of the Business Likelihood 2 Holding Company commercial opportunities identified Plan the Holding Company shall liaise with the Council and prepare a Impact 3 Board or presented. revised Business Proposition, at the earliest opportunity, which will Risk 6 include identifying loan funding (to be approved by Full Council) that would enable commercial opportunities to be realised.

Page 58 of 202 Operational Identified Risk Management of Risk Risk Score Risk Owner Inadequate cost controls on Proper contract management and documentation in place prior to Likelihood 2 Assistant commercial build contracts leading contracts being let. Impact 4 Director, to delays, overspends and Risk 8 Colchester reduced profitability/cash flow for the Commercial company.

Income targets set out in the Robust business plans in place with realistic achievable income targets. Likelihood 2 Subsidiary Board Business Plan are not achieved. Business plans and income streams closely monitored against Impact 4 Directors milestones with significant variations being highlighted early to Risk 8 Colchester Commercial and the Council.

Page 59 of 202 Change and upheaval can, if not The level of resources required is identified in the Business Plan. Likelihood 1 Managing managed properly, impact on the Impact 4 Director, quality of service delivery during a The Council shall provide sufficient resources to the Holding Company to Risk 4 Colchester period of transition and support it until such time it is established as a new entity. Commercial establishment.

Not maintaining the services The Holding Company will enter into a Services Agreement with the Likelihood 1 Strategic Director, currently offered by the Council Council which will set out the minimum requirements for service delivery. Impact 3 Policy and Place could lead to reputational damage Risk 3 for the Council. The Strategic Director, Policy and Place shall oversee the performance of this agreement and report, where necessary, concerns to the Trading Board and make recommendations as to the course of action that is required.

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Item Cabinet 7(iii) 14 June 2017

Report of Strategic Director for Commercial and Author Howard Davies Place ℡ 507885 Title Purchase of Properties in Osborne St , Colchester Wards Castle affected

This report concerns the strategic acquisition of properties in Osborne St, Colchester to facilitate future development.

. 1. Decision(s) Required

1.1 To approve the proposed purchases of a number of properties in Osborne Street, Colchester to facilitate future delivery of a redevelopment scheme in the area.

1.2 To delegate authority to the Strategic Director for Commercial and Place in consultation with the Portfolio Holder for Commercial Services to agree formal terms and conclude the purchases in line with the estimated costs outlined in the confidential appendix.

2. Reasons for Decision(s)

2.1 In a report to Cabinet on 17 March 2014 Cabinet agreed to set aside in the RIF up to £6.1 million to acquire land required for the development of the Vineyard Gate scheme.

2.2 Whilst negotiations with the developer have still to be concluded, the Council is continuing to engage with property owners within the proposed land acquisition boundary. The Council has been very clear that it supports a redevelopment of this area and as such has been talking to owners on Osborne Street, which will form the core of any future development, about purchasing their properties. The ability to secure a greater landholding in this area will assist with the facilitation of this development. .

3. Alternative Options

3.1 The Council could have decided not to make offers for these sites, however, if they were purchased by a third party, who improved them, then this could result in a higher purchase price for the Council when redevelopment and site assembly comes forward.

4. Supporting Information

4.1 Redevelopment in this part of the town centre has been a Council priority and together with sites on Queen Street formed part of the St. Botolph’s Quarter masterplan of 2005.

4.2 Discussions are ongoing to bring forward a development in this part of the town centre.

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4.3 Development of a comprehensive scheme requires a number of strategic acquisitions and the opportunity has arisen recently to buy a number of properties being placed on the market and owners who are interested in transferring their investments in advance of a major redevelopment of the area.

4.4 Council officers have been engaging with owners in the area and identifying available properties.

4.5 Officers have negotiated a range of purchase options with owners in order to secure properties prior to any CPO which might be required in the future.

5. Proposals

5.1 The properties under consideration will form part of any redevelopment in the Osborne St area.

5.2 The Council is proposing to secure properties on Osborne St and terms are likely to range from outright purchase to option agreements with current owners to ensure that the properties remain let or current owners occupy the properties for a period of time to allow the Council to bring forward the development process.

5.3 The options and proposed purchase price estimates under discussion are included in the confidential appendix to this report

5.4 Although the Council will continue to negotiate with property owners for the remaining sites if terms cannot be agreed then a CPO purchase will be considered at the appropriate time The confidential appendix does include an estimated value for these properties for information purposes.

6. Strategic Plan References

6.1 The scheme will “Promote Colchester to attract further inward investment and additional businesses, providing greater and more diverse employment” by investing in an area of the town centre which is currently not benefiting from private sector investment. Purchases by the Council at this stage is key to the commercial practices encouraged within Local authorities

6.2 The preferred development is expected to “Promote Colchester’s heritage and wide ranging tourism attractions to enhance our reputation as a destination” by giving a new extension to the town centre retail offer and in close proximity of the town historic Town Wall.

7. Consultation

7.1 At this point in negotiations no statutory consultation is required however, when development proposals come forward, in the form of a planning application, then full consultation will be carried out in the usual way.

8. Publicity Considerations

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8.1 Development proposals in this area have historically attracted much local interest and as such the Council will work with the developer as a scheme progresses to ensure good communications are maintained.

9. Financial implications

9.1 All of the properties have differing types of leases in place and the Council would look to continue these arrangements as they will provide short term income in the region of £50,000 per annum

9.2 The RIF Committee of 11 November 2015 allocated £6.1m of projected capital receipts for land acquisition in the Vineyard Gate scheme area. However, as the capital receipts identified to fund this expenditure are currently profiled for 2019/20 and 20/21, the purchase of the properties detailed in this report will create a short-term funding shortfall within the RIF medium-term forecast that may require external borrowing during the intervening period. It is hoped that this additional revenue cost can be mitigated by the short term lease income detailed above.

9.3 Of the £6.1m allocated funding, £4.9m was still available at the end of 16/17. If the proposed purchases are approved then it is envisaged that the remainder of the funding will be used to purchase additional properties that might become available in due course. Any purchases will be reported when details are available.

9.4 The Council’s capital receipts forecast will be kept under review to ensure the level and timing of projected receipts remains up to date. An update on the current funding position will be brought to the next meeting of the RIF Committee and Cabinet.

10. Equality, Diversity and Human Rights implications

10.1 http://www.colchester.gov.uk/CHttpHandler.ashx?id=23331&p=0

11. Community Safety Implications

11.1 N/A

12. Health and Safety Implications

12.1 N/A

13. Risk Management Implications

13.1 Risk Description Impact and/or Risk Mitigation/Controls Consequence Tenant ends their lease, No income from property Ensure understanding of resulting in empty property any break clauses in lease. Market property as soon as possible for new tenant. The properties here have rarely been empty

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Value of property Lower property value could Ensure a fair and decreases prior to affect the value of the reasonable price is paid at redevelopment Councils contribution to the outset, but the Council any new development will have no control over the proposal property price market. Purchases are undertaken to ensure Council has a stake in any development coming forward

14 Appendices

Published in Part B of the agenda by virtue of paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (financial / business affairs of a particular person, including the authority holding information).

1. Breakdown of costs and incomes. 2. Plan of area

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Item Cabinet 7(iv) 14 June 2017

Report of Strategic Director for Commercial and Author Stephen Brown Place ℡ 508822

Title Northern Gateway – Approval of Heads of Terms for long leasehold disposal of site at Axial Way

Wards Mile End and Highwoods affected

This report seeks approval of Heads of Terms (which include the key financial terms detailed in the confidential part of this report) between the Council and an extra care provider in respect of a proposed long leasehold disposal of c.5 acres of land at the Northern Gateway

1. Decision(s) Required

1.1 To note the decision required in Part B of this agenda to approve the Heads of Terms which will form the basis of the long leasehold disposal to an extra care provider.

1.2 To note the wider scheme benefits which will be secured from this development and its contribution to the expansion of Northern Gateway as a key growth location in Colchester.

2. Reasons for Decision(s)

2.1 Delivery of the Northern Gateway growth location is well underway, with the disposal to Turnstone for the cinema complex and the proposed development of the sports facilities to the north of the A12. This extra care scheme will further enhance this area and will bring a wealth of wider economic growth benefits.

2.2 The land transaction will bring an important capital receipt to the Council which will help fund the development of the sport facilities and the Northern Gateway proposals as approved by Cabinet in November 2016.

2.3 The proposed land sale will create c. 30 FTE new jobs at Northern Gateway and 70 overall.

3. Alternative Options

3.1 The Council could refuse to accept that the proposed Heads of Terms offer the Council the best possible consideration for this site and could pursue other offers. However the offer received compares very well to other land deals carried out in this area and independent valuations. If we do not progress, the extra care provider may pursue alternative locations within Essex. Additional supporting information is in the confidential section of this report.

3.2 The Council could seek to retain this land until Northern Gateway has been progressed further however the opportunity to secure this extra care provider could be lost to an

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alternative site and there is a need for guaranteed capital receipts. It is very unlikely any higher value would be secured in the future.

4. Supporting Information

4.1 The vision for the development of land at Northern Gateway has been set out in the North Colchester Masterplan document and previous RIF and Cabinet reports which are included as Background Papers. The broad Vision for the Northern Gateway area is to create: • A new gateway for Colchester • A cutting edge destination for sport and leisure • A distinctive place defined by memorable buildings and spaces • An exemplary approach to sustainability • A place for enterprise and employment opportunities

4.2 The development of Northern Gateway as a leisure, sport and business destination is already well underway. A variety of employment uses are already in place along Axial Way including Flakt Woods and the new David Lloyd, which was opened in 2016, with the new cinema and sports facility in the planning stage.

4.3 The next phase of delivery is focused on land to the south of Axial Way which is identified in the emerging local plan as a mix of employment and residential uses. It is proposed that the capital receipt from the disposal of this site will be allocated to form part of the funding package for the sports facility proposed for north of the A12. This was approved by Cabinet in November 2016.

4.4 The Council has recognised the need in Colchester for a number of extra care facilities and this disposal will bring a new provider to the Borough which has a strong record and in particular has a focus on physical activity, sport and leisure which fits well with the vision for the wider area. Further information on the Extra care provider can be found in the Confidential Part B of this Agenda.

5. Proposals

5.1 The Council proposes to dispose of this site on a long leasehold basis for a capital premium as outlined in the confidential section of this report. As part of the disposal the extra care provider will develop a new extra care facility with a range of complementary uses fronting the proposed boulevard.

5.2 The Heads of Terms are attached to the confidential section of this report

5.3 The scheme will create a range of housing tenure types for older people with the facility to provide various stage of care. It will also bring a number of localised and ancillary commercial units which may be open to non-residents and will add to the vibrancy and sustainability of the proposed boulevard area at Northern Gateway.

5.4 The proposals will also bring employment with circa 30 FTE new jobs created.

6. Strategic Plan References

6.1 The Northern Gateway vision with the boulevard will meet the ‘Welcoming’ strategic aim and will create an attractive location where people can grow and be proud to live.

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6.2 By creating up to 260 apartments this will meet the ‘Prosperous’ strategic goals by “increasing the number of homes available” and creating a significant number of jobs for the benefit of the Borough.

6.3 By creating c.30 jobs, this proposal meets both the Thriving and Prosperous strategic aims.

6.4 The site disposal also provides a commercial opportunity for the Council as it strives to make better use of its assets.

7. Consultation

7.1 The wider plans at Northern Gateway have been subject to widespread consultation over the last few years.

7.2 As the scheme progresses it will be subject to consultation at planning application stage in the usual way.

8. Publicity Considerations

8.1 To date, no publicity has been carried out in respect of this site due to commercial confidentiality.

8.2 The Council will publicise the proposal at the appropriate time

9. Financial implications

9.1 The detailed financial proposals associated with this proposed lease are enclosed in the report at part B of this agenda, together with the Heads of Terms.

10. Equality, Diversity and Human Rights implications

10.1 Please see EQIA report here - http://www.colchester.gov.uk/article/12743/Commercial- Services

11. Community Safety Implications

11.1 None identified at this stage

12. Health and Safety Implications

12.1 None identified at this stage

13. Risk Management Implications

13.1 Please see the report in part B of the agenda.

Appendix 1

Site Plan

Background Papers

North Colchester Masterplan – http://www.colchester.gov.uk/CHttpHandler.ashx?id=22911&p=0

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Page 68 of 202 Appendix 1

Page 69 of 202 © Crown copyright and database rights 2017 Ordnance Survey 100023706.

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Item Cabinet 7(v) 14 June 2017

Report of Strategic Director , Commercial and Author Graham Lewis Place ℡ 508960 Title Trading Board Annual Report 2016/17 Wards ALL affected

This report concerns the Trading Board Annual Report 2016/17 .

1. Decision(s) Required

1.1 To receive and note the Trading Board Annual Report 2016/17 and agree that it be published and promoted.

1.2 To note headlines;

° On target ‘profit’ achieved by businesses – Helpline, Bereavement Services, Monitoring Centre, Building Control and Colchester Events ° Progress in relation to Strategic Ambitions

2. Reasons for Decision(s)

2.1 To note the work that the Trading Board has undertaken in the past municipal year as set out in the Annual Report attached as Appendix 1.

3. Alternative Options

3.1 Not to agree publication.

4. Supporting Information

4.1 The Annual Report’s content and layout was endorsed by the Trading Board and approval of the final report was delegated to the Chairman of the Board and Group Spokespersons.

5. Proposals

5.1 That the Trading Board Annual Report 2016/17 be published and promoted after agreement is received from Group spokespersons.

6. Strategic Plan References

6.1 This relates to the key themes of Vibrant, Prosperous and Thriving in the new Strategic Plan for 2015-18.

7. Standard References

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7.1 There are no particular references to consultation considerations, or financial; equality; diversity and human rights; community safety; health and safety or risk management implications.

Appendix 1: Trading Board Annual Report 2016/17

Page 72 of 202 Trading Board Annual Report 2016/2017

Sightline Building Control Colchester

Page 73 of 202 Review from the Chair of Trading Board

The Trading Board is in its fourth year of operation and am delighted to have been Chair the Board in a year in which we have influenced the ‘direction of travel’ for the Council’s commercial businesses and initiatives.

In order to understand our businesses better, many of the Board members have taken the time to visit the businesses and talk to the staff and management delivering exceptional products and services across the borough and beyond. From the delivery of newly created wedding services and packages at the Town Hall and Colchester Castle to our field based Helpline Mobile Response Officers, I am always impressed by the high level of customer care and the degree of product innovation – providing the very best service we can for our customers.

This can perhaps be best illustrated by highlighting some of the key performance indicators for each of the businesses - I would like to highlight some of those, over the next few pages, they tell the real story of the business we oversee.

As well as receiving regular reports on the above businesses the Board have also received reports and updates on Public Sector Reform Commercial Opportunities and the Corporate Asset Management Strategy and I would like to thank Officers, especially those in Commercial Services, particularly Graham Lewis and Rob Hill, for their continued hard work and the members of the Trading Board for their ongoing support and advice – it is their input that has helped us achieve all we have.

• Cllr Lesley Scott-Boutell (Deputy Chair) • Cllr Lewis Barber • Cllr Kevin Bentley • Cllr Robert Davidson • Cllr Martyn Warnes

Councillor Rosalind Scott Chair, Trading Board 2016/2017

Colchester Borough Council Trading Board - Annual Report 2016/2017 2

VIBRANT PROSPEROUS Page 74 of 202 THRIVING WELCOMING 98.5% of calls answered within 60 seconds Member of Answered over 62,000 calls Responded to 5,766 Our Helpline service has helped over 3000 customers recover from call-outs falls, answering over 98.5% of calls within 60 seconds - vulnerable people and their families in and around the Borough can rest assured that professional support is available to them ‘at the touch of a button’. Our mobile responders got over 3000 Customers back on their feet

Installed smoke and CO2 detectors for additional customer protection.

Grew customer numbers by 278 Supported independent living for over 20 years

Colchester Borough Council Trading Board - Annual Report 2016/2017 3

VIBRANT PROSPEROUS Page 75 of 202 THRIVING WELCOMING I have a special affection for the staff and service at Colchester’s Cemetery and Crematorium – this year they have dealt with over 1,500 cremations and 300 burials whilst providing excellent levels of customer service at a very stressful time for family and friends of the deceased.

72 New cemetery extension columbarium Over memorials installed 1,500 Excellent customer cremations Over approval rating 300 140 Burials entries into Close working with 70 acres our book of Funeral Directors of cemetery remembrance ground or memorials installed

Colchester Borough Council Trading Board - Annual Report 2016/2017 4

VIBRANT PROSPEROUS Page 76 of 202 THRIVING WELCOMING Sightline

Our town centre based CCTV Monitoring centre has responded to over 11,000 requests to monitor situations across the town, both day and night. The information recorded by the team has been requested 299 times by the Police – assisting in prosecutions for offences affecting public safety.

Provided Police with evidence to assist prosecution 299 times

Provided 24/7 response for other council services

Invested £24,000 in new night vision cameras

Responded to 11,000 monitoring requests

Colchester Borough Council Trading Board - Annual Report 2016/2017 5

VIBRANT PROSPEROUS Page 77 of 202 THRIVING WELCOMING This is the first year we have centralised events management with theColchester Events Company delivering events across the Council’s unique venues including 380 weddings and ceremonies taking place across the Town Hall and Colchester Castle. Charter Hall has seen an increased usage with the team delivering 63 events from the recording of Radio 4’s ‘I’m Sorry I Haven’t a Clue’ to Robot Wars, the 1200 capacity facility is being utilised fully. Over 80 events take place in our award winning parks and open spaces and we are keen to coordinate these as much as possible, promoting Colchester as an event destination. We have invested in the first year of operation based on a forcast increased income next year.

43 wedding in Colchester 63 Events 3-year plan events at Castle Charter Hall Improved website and customer service 338 wedding in the 87 Town Hall Developing Strategic Partnerships events in Castle Park

Colchester Borough Council Trading Board - Annual Report 2016/2017 6

VIBRANT PROSPEROUS Page 78 of 202 THRIVING WELCOMING Building Control

Last year saw us lead on the development of a shared vision for the delivery of Building Control services across Essex. Despite clear operational advantages to the shared service partners were unable to realise the financial benefits and we, together with the remaining partners, took the decision to suspend activities. It is perhaps a mark of the ambition of the Trading Board that we have gained a reputation for a willingness to lead on visionary projects such as this. We have been left with a legacy from the project that will see us implement new, customer focussed business systems, innovative training and apprenticeship opportunities and will look to develop working partnerships with like-minded local authorities.

Over Dealt Over 7,000 Entered with 20 inspections projects 1,000 dangerous into national applications for new builds structures and extensions awards

Colchester Borough Council Trading Board - Annual Report 2016/2017 7

VIBRANT PROSPEROUS Page 79 of 202 THRIVING WELCOMING Review from the Strategic Director

In 2015 The Trading Board set out its strategic ambitions through to 2018 in reviewing the last 12 months it is worth reflecting our delivery against the ‘six pillars’ of success;

• Customer focus - we deliver a very customer focussed products and services • Professional staff and systems - there has been investment in the support structure, in terms of staff and business systems • Innovation and responsiveness - we have encouraged innovation and new ways developing the products and services we deliver • Sound financial management - all decisions are made based on clear financial forecasting, budgeting and monitoring • Leadership and governance - there are clear Terms of Reference by which we are guided • Continuous improvement - year on year we have seen the services grow in terms of income, surplus and service delivery

We are now in a position to push our commercial ambitions further and consider how we might best deliver more opportunities across the Council. This year the Council will implement further commercialisation based on the experience gained by delivering successful projects led by the Trading Board - it will consider whether to invest in a new Trading Company and which new services to develop commercially, whilst ensuring we are delivering maximum return on investment (RoI) for or residents and service users. The illustrations on the following page highlights our financial position at the end of 2016/17 and our budgets for next year.

Ian Vipond Strategic Director

Colchester Borough Council Trading Board - Annual Report 2016/2017 8

VIBRANT PROSPEROUS Page 80 of 202 THRIVING WELCOMING Surplus / income / cost analysis and 2017/18 budget for Commercial Services

Commercial Services

surplus

income

costs

0 500 1000 1500 2000 2500 3000 3500 4000

16/17 Budget 16/17 Actual 17/18 Budget

Colchester Borough Council Trading Board - Annual Report 2016/2017 9

VIBRANT PROSPEROUS Page 81 of 202 THRIVING WELCOMING Surplus / income / cost analysis and 2017/18 budget for Commercial Services

Helpline/Sightline (CCTV) Colchester Events

surplus surplus

income income

costs costs

0 500 1000 1500 -200 0 200 400 600

15/16 Actual 16/17 Actual 17/18 Budget 16/17 Actual 17/18 Budget

Bereavement Building Control

surplus surplus

income income

costs costs

0 500 1000 1500 2000 0 100 200 300 400 500

15/16 Actual 16/17 Actual 17/18 Budget 16/17 Actual 17/18 Budget

Colchester Borough Council Trading Board - Annual Report 2016/2017 10

VIBRANT PROSPEROUS Page 82 of 202 THRIVING WELCOMING Trading Board - Terms of Reference

a) Consider and review the activities performed by: d) Ensure any Council capital investment and/or assets that are to be transferred to or used by an outside body for • the commercial services arm of the Council commercial purposes is properly specified, protected and used by the outside body and recommended to Cabinet or • those services generating income of approximately Council for approval. £250,000 or above e) Consider any proposed new/transfer or sale/purchase of • any trading arms of the Council company shares and make recommendations on these for approval by Council. • any partly or wholly owned companies of the Council Identify and recommend to Cabinet or Council major b) Identify and develop any new commercial agreements f) strategic opportunities for procurement of services from generating significant income for the Council for approval other companies, organisations, social enterprises and the by Cabinet or Council. voluntary and third sector.

c) Develop the composition of any new body or bodies g) Receive regular reports of procurement agreements created wholly or in part by the Council for commercial entered into including financial and service performance purposes including their purpose; governance; operating measures against those stated in the contract and bring model; business planning function; risk factors; and to any concerns or risks as recommendations to Cabinet. recommend approval for such new arrangements to Cabinet or Council.

Colchester Borough Council Trading Board - Annual Report 2016/2017 11

VIBRANT PROSPEROUS Page 83 of 202 THRIVING WELCOMING Contact details:

Cemetery and Colchester Event Helpline CCTV Building Control Crematorium Company Colchester Town Hall Colchester Town Hall Rowan House Mersea Road, Colchester Colchester Town Hall High Street, Colchester High Street, Colchester 33 Sheepen Road Essex CO2 8RU High Street, Colchester Essex CO1 1PJ Essex CO1 1PJ Colchester Phone: 01206 282950 Essex, CO1 1PJ Phone: 01206 769779 Phone: 01206 769779 Essex, CO3 3WG helplineplus.co.uk [email protected] Phone: 01206 506905 Phone: 01206 282424 colchester-events.co.uk

TRADING BOARD ANNUAL REPORT Colchester 2016-17

VIBRANT PROSPEROUS Page 84 of 202 THRIVING WELCOMING Item Cabinet 8(i) 14 June 2017

Report of Monitoring Officer Author Andrew Weavers ( 282213 Title Revised Scheme of Delegation to Officers Wards Not applicable affected

This report request s Cabinet to approve a revised Scheme of Delegation to Officers.

1. Decision Required

1.1 To approve the revised Scheme of Delegation to Officers from the Cabinet attached to this report and for it to be effective from 1 July 2017.

1.2 To authorise the Monitoring Officer to make any subsequential amendments to the Constitution.

2. Reasons for Decision(s)

2.1 The Scheme of Delegation to Officers from the Cabinet requires revising to ensure that it reflects the new senior management structure which is due to commence from 1 July 2017.

3. Alternative Options

3.1 No alternative options are presented.

2. Background and Proposals

2.1 The Cabinet at its meeting on 15 March 2017 agreed a report by the Chief Executive which authorised him to undertake and implement a senior management restructure. It has been agreed that the new structure will take effect from 1 July 2017.

2.2 In order to ensure that there are appropriate delegations to officers in place for the commencement date of the new structure, Cabinet is to approve the attached Scheme of Delegation to Officers which will take effect from 1 July 2017. This version of the Scheme of Delegation to Officers is the same as the current version but with the new service areas substituted for the existing ones. Any further changes will be submitted back to Cabinet.

2.3 There is a separate report on this meeting agenda dealing with the proposed new commercial structure. The delegation to the Assistant Director –Commercial referred to in the Scheme of Delegation will be in place until the proposed companies are formally constituted. These delegations will then form part of the formal arrangements between the Council and the companies.

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2.4 The Full Council at its meeting on 24 May 2017 approved a report which put in place a revised Scheme of Delegation to Officers from Council, Planning Committee, Local Plan Committee and Licensing Committee which reflected the new service areas.

3. Strategic Plan References

3.1 The manner in which the Council governs its business is an underpinning mechanism in the Council’s Strategic Plan aims to set out the direction and future potential for our Borough.

4. Financial, Equality, Diversity and Human Rights, Consultation, Community Safety, Health, Safety and Risk Management Implications

4.1 None identified.

5. Publicity Considerations

5.1 The new Scheme of Delegation will be publicised by inclusion in the Constitution which is published on the Council’s web site.

June 2017 Part 3 Section D Page of Page 86 of 202

Colchester Borough Council

SCHEME OF DELEGATION TO OFFICERS

June 2017

The Leader of the Council has delegated to individual members of the Cabinet most of the executive powers of implementation within the confines of the Council's budget and policy framework.

In addition, the Council has delegated some of its regulatory powers to the Planning Committee, Local Plan Committee, Licensing Committee and Governance and Audit Committee.

In order to ensure that business is conducted efficiently and that services are provided to the specified standards, the Council, the Leader of the Council, Planning Committee, Local Plan Committee and Licensing Committee has delegated some of their powers to officers.

There are two schemes of delegation which have been approved by the Leader of the Council:

1. Powers delegated to Cabinet Members. 2. Powers delegated to officers.

The following conditions apply to the powers delegated to officers by the Leader of the Council, the Council, Planning Committee, Local Plan Committee and Licensing Committee.

1. Every delegated power shall be exercised in the name of the Council.

2. The exercise of delegated powers shall be subject to the decision not being contrary to any policy of the Council as embodied in a formal resolution and recorded in the minutes of the Council or Cabinet.

3. All Key Decisions taken under this scheme are subject to the Call-in Procedure.

4. No officer shall exercise any delegated power that comprises a Key Decision unless that decision is contained within the Council's Forward Plan and complies with the Forward Plan process.

5. An officer exercising delegated powers shall do so in a manner consistent with the policy of the Council current at the time. The Proper Officer shall be the final arbiter of the interpretation of policy in relation to any matter.

6. In exercising delegated powers, an officer may incur expenditure only if appropriate provision has been made in the approved annual estimates and/or capital programme except as otherwise provided for in Financial Regulations.

7. No action may be taken which is contrary to the Council’s Constitution.

June 2017 Part 3 Section D Page of Page 87 of 202

8. Where powers to acquire or dispose of property or land are being exercised, the delegation is subject to such acquisition or disposal being in accordance with terms approved by the District Valuer or other professional officer.

9. Delegated powers to acquire property shall not include power to acquire property compulsorily and any proposal to make a Compulsory Purchase Order shall be submitted to the Council as a recommendation.

10. Powers delegated to an officer may be exercised by another officer acting on behalf of the named officer, provided the latter has authorised the other officer so to act.

11. The Proper Officer may require that a decision which may be taken by an officer under this scheme shall be referred to the Council, the Leader of the Council or the Committee, as appropriate, for determination.

12. An officer exercising delegated powers in respect of any Key Decision shall record the decision and the reasons for it on the Decision Notice and shall deliver it to the Proper Officer who shall publish the Decision Notice in the approved manner.

Note Any reference to an Act of Parliament or Statutory Instrument shall include any statutory amendment or modification thereof.

June 2017 Part 3 Section D Page of Page 88 of 202

SCHEME OF DELEGATION BY THE LEADER OF THE COUNCIL TO OFFICERS

Delegated to the Chief Executive

GENERAL

1. To act as District Controller in all emergency matters.

2. To implement the electoral registration function.

HUMAN RESOURCES

1. The implementation of locally determined pay awards to the employee group in accordance with the Council's agreed pay strategy for Council employees.

2. To hear and determine all appeals by employees relating to dismissal following the Council’s Disciplinary Procedures.

Delegation to Strategic Directors and Chief Operating Officer

1. Where matters have been delegated in this Scheme to named Assistant Directors, the delegation may also be exercised by a Strategic Director or the Chief Operating Officer.

2. Power to authorise requests in relation to applications for, renewal of and cancellation of covert or directed surveillance in accordance with the Regulation of Investigatory Powers Act 2000. Any application that involves any confidential material (as defined within the Act) must be authorised personally by the Chief Executive.

Delegated to the Chief Executive, Strategic Directors, Chief Operating Officer and all Assistant Directors

FINANCIAL RESOURCES

1. To authorise financial remedies or compensation including; waiver or reduction of fees, ex-gratia or goodwill payments up to £3000 (Chief Executive) or £1000 (Assistant Directors).

2. To incur revenue expenditure and recover revenue income up to the levels contained in the annual estimates of expenditure and income or any other approved revisions thereto.

3. To purchase works, supplies and services included in the approved capital programme.

4. To dispose of surplus or obsolete equipment, plant, vehicles and stock on the most favourable terms in accordance with the Council's Financial Regulations.

June 2017 Part 3 Section D Page of Page 89 of 202

Delegated to the Chief Executive, Strategic Directors, Chief Operating Officer and all Assistant Directors (continued

5. When a contract is won in open competition with another local authority or public body, following acceptance of the tender, power to offer to amend the tender sum if the authority or body is prepared to waive the requirement of a performance bond.

6. To employ such sub-contractors as may be required to fulfil all obligations entered into by the Council.

7. To purchase such works, supplies or services required to fulfil all obligations entered into by the Council.

HUMAN RESOURCES

1. Subject to corporate policies and standards, to determine staffing levels for services within their Services, including variations to meet budgetary and business plan requirements and to maintain efficient and effective services.

2. Subject to corporate policies and standards to determine recruitment, training and dismissal of staff.

3. Subject to corporate policies and standards to approve secondary employment, leave, overtime, training courses, membership of and attendance at professional bodies, granting of ex-gratia payments up to £1000 (Chief Executive) or £500 (Assistant Directors) to staff for damage and/ or destruction of personal items resulting directly from their employment.

GENERAL

1. In respect of every function of the Council, power to serve Notices under section 16 of the Local Government (Miscellaneous Provisions) Act 1976 requiring information on interests in land.

2. To select shortlists of contractors to be invited to tender for contracts with the Council from those available pursuant to the Contract Procedure Rules.

June 2017 Part 3 Section D Page of Page 90 of 202

Delegated to Assistant Director - Customers

CUSTOMERS

1. To manage customers demand for Council services and the availability of multi- channel service delivery via the Council’s on-line processes and customer service centre via the Council’s customer relationship management systems.

2. To manage the Council’s triage function for customers to ensure they receive the level of service their request and need deserves.

3. To manage the Council’s corporate complaint handling process.

TAX COLLECTION

The collection and recovery of any Council Tax, rates or residual community charge payable and to carry out or make appropriate arrangements for the carrying out of all the Council Tax, rating and residual community charge functions of the Council including the following powers in respect of Council Tax, residual community charge and national non- domestic rating:-

Council Tax and Residual Community Charge

• To impose and/or quash penalties. • To take summary proceedings in the Magistrates Court for recovery (including penalties). • To exercise distraint, issue requests for information, apply for attachment of earnings orders, deduction from income support, committal to prison and to issue winding up/bankruptcy proceedings and charging orders. • To select and appoint bailiffs and tracing agents. • To refund all payments and interest where appropriate. • To estimate occupancy level for collective community charge when the landlord has defaulted. • To execute arrest warrants issued by the Magistrates’ Court and to select and appoint suitably qualified contractors if necessary.

National Non-Domestic Rating

• To take summary proceedings in the Magistrates Court for recovery. • To exercise the Council's power of distraint, committal to prison, bankruptcy/winding up proceedings. • To select and appoint bailiffs and tracing agents. • To refund all payments and interest where appropriate. • To grant allowances under section 44A of the Local Government Finance Act 1988. • To grant discretionary relief under section 47 of the Local Government Finance Act 1988 within criteria set down by the Council. • To reduce or remit liability on the grounds of hardship under section 49 of the Local Government Finance Act 1988 within criteria set down by the Council. • To execute arrest warrants issued by the Magistrates’ Court and to select and appoint suitably qualified contractors if necessary.

June 2017 Part 3 Section D Page of Page 91 of 202

Delegated to Assistant Director - Customers (continued)

BENEFITS

1. To operate and administer the Council Tax Support Scheme, including the recovery or waiving of overpayments, and to determine whether to accept late applications (i.e. backdating of support) where appropriate. To also consider topping up payment to vulnerable people who demonstrate exceptional hardship and who are not in receipt of maximum Council Tax Support.

2. To operate and administer the and the Council Tax Benefit Scheme and the recovery of overpayment Council Tax Benefit and including the waiving of recovery of overpayments and to accept late applications (including consideration of backdating of benefit) where appropriate and to top up the benefit payable to the most vulnerable who are not in receipt of maximum benefit.

3. To operate and administer the Housing Benefit Scheme and the recovery of overpayment Housing Benefit and including the waiving of recovery of overpayments and to accept late applications (including consideration of backdating of benefit) where appropriate and to top up the benefit payable to the most vulnerable who are not in receipt of maximum benefit.

4. The use of debt collection agencies to recover Housing Benefit and Council Tax Benefit overpayments.

5. To commence legal proceedings for the recovery of Housing Benefit overpayments and in cases of fraud.

6. To operate the Council’s welfare rights advice service and Macmillan advice service (in accordance with the agreed contractual arrangements).

HUMAN RESOURCES

1. The signing and issuing of all contracts of employment and of any associated terms and conditions.

June 2017 Part 3 Section D Page of Page 92 of 202

Delegated to Assistant Director - Communities

ZONES

1. To manage the Council’s zone teams in order to improve local streets through street cleaning, litter collection, dog fouling and street care including abandoned cars and graffiti. In addition to provide environmental education, support, advice and enforcement to encouraging positive behaviour change and support local communities as part of consultation work and help coordinate and promote community events.

2. Power to serve notices under sections 92 and 93 of the Environmental Protection Act 1990 in relation to Litter Abatement Notices and Street Litter Control Notices subject to report to appropriate Cabinet Member on action taken.

3. Power to take all necessary action under the following sections of the Highways Act 1980:-

Section

25 To respond to consultations concerning creation of footpath or bridleway by agreement 151 Soil washed on to streets 152 Removal of projections from buildings 153 Opening of doors on to streets 154 Cutting or felling trees 164 Removal of barbed wire 165 Dangerous land 166 Forecourt abutting street 174 Execution of street works 179 Control of construction of cellars 293 & 294 Powers of entry 296 Execution of works 297 Information as to ownership of land 305 Recovery of expenses

4. Power to take all necessary action in relation to vehicles for sale on a road and vehicles being repaired on a road under sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005

5. Power to take appropriate action regarding abandoned vehicles under sections 3, 4 and 5 of the Refuse Disposal (Amenity) Act 1978 (as amended by the Clean Neighbourhoods and Environment Act 2005).

6. Power to erect suitable Notices on grass verges etc under section 6 of the Essex Act 1987.

6. Power to arrange for the removal of vehicles on grass verges etc under section 6 of the Essex Act 1987.

June 2017 Part 3 Section D Page of Page 93 of 202

Delegated to Assistant Director - Communities (continued)

COMMUNITY SAFETY

1. To carry out projects on behalf of the community safety partnership and devise and initiate projects that address crime and disorder in the Borough.

ARTS AND CULTURE

1. Power to take action within the approved budget and policy objectives of the Council in relation to management and funding of the Mercury Theatre, Colchester Arts Centre, Firstsite and any similar organisations.

2. Power to take action within the approved budget and policy objectives of the Council in relation to the promotion and encouragement of events of cultural and artistic merit.

PARKS AND RECREATION

1. Power to take action within the approved budget and policy objectives of the Council in relation to the promotion and encouragement of recreational events.

2. Power to take action within the approved budget and policy objectives of the Council in relation to liaison with voluntary organisations and clubs in the development and use of sporting and recreational facilities.

3. The granting of easements, way leaves, licences and sale of small areas of parks and recreation land.

4. Letting of beach hut sites and administration thereof other than fixing of charges.

5. Letting of open spaces, allotments and recreation grounds other than fixing of charges.

6. Granting free use of open spaces and recreation grounds to charitable, voluntary and non-profit making organisations.

7. Refusal of applications for the purchase of land held as open spaces, recreation grounds and allotments.

8. Acceptance or refusal of open space donated to the Council in accordance with the conditions of planning consents.

9. Power to take such action as considered necessary to deal with dangerous trees on land under the operational management of the Council.

10. All matters relating to the enforcement of and prosecution of alleged offenders relating to all leisure relating byelaws made by the Council and in particular:-

(a) The Maldon District and Colchester Borough Byelaws relating to the River Blackwater made by the Maldon District Council and the Council and confirmed on 21 July 1999.

June 2017 Part 3 Section D Page of Page 94 of 202

Delegated to Assistant Director - Communities (continued)

(b) The byelaws for the proper regulation of the speed of pleasure boats within the Harbour of Colchester made by the Council on 7 June 1972 and confirmed on 26 March 1973 (as amended by the byelaws made on 10 June 1985) and confirmed on 19 July 1985.

11. To provide play equipment on play areas.

12. Power to take action under the Wildlife and Countryside Act 1981.

13. Granting and management of mooring rights in the River Colne.

14. Power to take such action as may be necessary to deal with dangerous trees under section 23 of the Local Government (Miscellaneous Provisions) Act 1976 and to appoint other named officers to enter land to ascertain whether action should be taken under section 23 of the Act.

PUBLIC PROTECTION

1. Day to day operation of markets and the granting of Christmas markets.

2. Fixing and levying of charges in accordance with Council policy in relation to street trading.

3. The granting, suspension or revocation of street trading licences.

4. Anti-Social Behaviour, Crime and Policing Act 2014, authority to:

• Issue a Community Protection Notice under Sections 43 and 53 • Carry remedial works in default following the issue of a Community Protection Notice under Section 47 • Issue Fixed Penalty Notices to anyone who has failed to comply with a Community Protection Notice under Section 52 • Make, vary and discharge a Public Spaces Protection Order under sections 59 to 75 • Issue Fixed Penalty Notices to anyone who has committed an offence by failing to comply with a Public Spaces Protection Order under Section 68

COMMUNITY

1. Power to take action within the approved budget and policy objective of the Council in relation to the management and maintenance of Activity Centres for the purpose of providing activities for older people.

June 2017 Part 3 Section D Page of Page 95 of 202

Delegated to Assistant Director - Communities (continued)

COMMUNITY PARTNERSHIPS

1. Power to take action within the approved budget and approved policy objectives of the Council in relation to:

a) the promotion of Community Partnerships

b) the management and maintenance of the Community Partnerships Team

c) the Responsible Authorities Group.

PARTNERSHIP WORKING

1. To represent the Council’s interests on the Members’ Council of Colchester Hospital University NHS Foundation Trust in the absence of the Portfolio Holder.

2. To represent the Council’s interests on the North East Essex Children’s Trust Board and the Health and Wellbeing Board.

3. To represent the Council’s interests on any partnership with which the Council may be involved from time to time.

TOURISM

1. Power to take action within the approved budget and policy objectives of the Council in relation to liaison with other tourist agencies and the development of tourism policies.

2. Power to take action within the approved budget and policy objective of the Council in relation to the management and maintenance of a Visitor Information Centre and the promotion of the Borough for tourism purposes.

MUSEUMS

1. Power to take action within the approved budget and policy objectives of the Council in relation to the museum service.

2. Agreement of reproduction and copyright fees in respect of museum items.

3. Power to take action within the approved budget and policy objectives of the Council in relation to the presentation, conservation and/or restoration of archaeological sites and monuments.

4. Power to take action within the approved budget and policy objectives of the Council in relation to the care of the Council's art collection and artefacts.

June 2017 Part 3 Section D Page of Page 96 of 202

Delegated to Assistant Director - Communities (continued)

5. Power to agree minor amendments to fees and charges relating to museum services in response to changes in market forces after consultation with the appropriate Cabinet Member.

6. To act as lead officer for the Council in accordance with the Colchester and Ipswich Joint Museums Committee Agreement.

SAFEGUARDING

1. To act as the Council’s designated Safeguarding Lead Officer.

2. To act as the Council’s Lead Counter Signatory to the Disclosure and Barring Service.

3. To ensure that the Council complies with its equality and diversity responsibilities.

CEMETERY & CREMATORIUM

1. Power to take action within the approved budget and policy objectives of the Council in relation to the cemetery and crematorium.

2. The granting of Rights of Burial at the cemetery other than the fixing of charges.

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Delegated to Assistant Director – Regulatory

ENVIRONMENTAL PROTECTION

1. Power to agree payments for compensation arising under section 20 of the Public Health (Control of Disease) Act 1984, up to the limit prescribed in the Council's Financial Management Procedures for payments from the Insurance Provision, when satisfied by the Section 151 Officer that the claims are reasonable and justified.

2. To administer relevant environmental protection provisions, give directions, serve notices, enforce, carry out works in default, issue formal cautions and to lay information and complaints to Court in relation to offences in appropriate cases under the following Acts and any Act or Acts extending or amending the same or incorporating them and under any order or regulations made under the said Act or Acts:

Anti-Social Behaviour Act 2003 Building Act 1984 Clean Air Act 1993 Clean Neighbourhoods & Environment Act 2005 Control of Pollution Act 1974 Dogs Act 1871 Dangerous Dogs Act 1991 Dangerous Dogs Act (Amendment) 1997 Dogs (Fouling of Land) Act 1996 Environment Act 1995 Environmental Protection Act 1990 Environmental Damage (Prevention and Remediation) Regulations 2009 Essex Act 1987 Local Government Act 1972 Local Government Miscellaneous Provisions Act 1976 Local Government Miscellaneous Provisions Act 1982 Noise & Statutory Nuisance Act 1993 Pollution, Prevention & Control Act 1999 Prevention of Damage by Pests Act 1949 Private Water Supplies Regulations 2009 Public Health Act 1936 Public Health Act 1961 Water Industries Act 1991

Health and Safety at Work etc Act 1974 Food Safety Act 1990 European Communities Act 1972 and legislation made thereunder Sunday Trading Act 1994 Health Act 2006

3. Power to object to applications for consent to discharge under section 119 of the Water Industry Act 1991.

4. To authorise works being carried out in default up to a maximum cost of £5,000 in cases where a breach of legislation can be remedied by the Council carrying out works in default.

June 2017 Part 3 Section D Page of Page 98 of 202

Delegated to Assistant Director – Regulatory (continued)

5. Control of the drainage of paved areas under section 84 of the Building Act 1984.

6. Power to take appropriate action under the Safety at Sports Grounds Act 1975 (as amended) following consultation with Essex County Council and Essex Police.

7. Service of Notices under section 262 of the Public Health Act 1936 relating to culverting of watercourses and ditches, and the institution of legal proceedings where Notices are not complied with after consultation with the Ward Councillors.

8. Power to reply to consultations from Essex County Council on licences for the disposal of refuse.

9. Arrangements for funerals under the Public Health (Control of Disease) Act 1984.

10. Take all necessary legal action required to enforce the provisions of relevant legislation relating to the following environmental protection functions:

• Air quality • Contaminated land • Culverting of watercourses and ditches • Smoke from bonfires • Determination of applications for the installation of boilers, furnaces and chimneys • Filthy and verminous premises, articles and persons • Houseboats • Noise from construction sites • Noise in the street • Obstructed, blocked or defective drains and private sewers and/or insufficient provision of drainage • Overflowing cesspools and septic tanks • Prescribed processes liable to give rise to air pollution • Prevention of damage by pests • Private Water Supplies • Re-securing empty or unoccupied buildings • Statutory nuisances • Surface water drainage • Water supply • Employment of persons relating to health and safety at work in premises • Sunday trading • Licensing, registration and hygiene standards of food premises and other commercial or domestic premises • Quality, safety and content of food produced, sold or stored within the Borough of Colchester • Control of infectious diseases • Port Health matters • Dog control

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Delegated to Assistant Director – Regulatory (continued)

• Pest control • Sale or keeping of animals

11. To act as lead officer for the Council in accordance with the Essex Countywide Traveller Joint Committee Agreement.

12. Power to serve notices under section 19, commence legal proceedings under section 20 and provide certificates under section 22 of the Criminal Justice and Police Act 2001 in relation to closure orders where there are suspected unauthorised sales of alcohol or breach of licence conditions or unauthorised licensable activities taking place at premises.

13. To work with the NHS and other Health Bodies regarding heath issues for residents in the Borough.

(Delegated to Colchester Borough Homes as part of the Management Agreement dated 9 August 2013 except the agreed client reserved functions)(paragraphs 14 & 15 only).

14. To administer relevant anti-social behaviour provisions, give directions, serve notices, enforce, carry out works in default, issue formal cautions and to lay information and complaints to Court in relation to offences in appropriate cases under the following Acts and any Act or Acts extending or amending the same and under any order of regulations made under the said Act or Acts: • Anti -social Behaviour Act 2003 • Crime & Disorder Act 1998 • Criminal Justice & Police Act 2001 • Criminal Justice & Public Order Act 1994 • Housing Act 1996 • Local Government Act 1972 • Local Government Act 2000 • Police & Justice Act 2006 • Policing and Crime Act 2009 • Protection from Harassment Act 1997 • Serious Organised Crime & Police Act 2005

15. To take all necessary legal action required to enforce the provisions of relevant legislation relating to the following anti-social behaviour control functions:

• Behaviour which causes alarm, distress or harassment to persons not of the same household

16. Anti-Social Behaviour, Crime and Policing Act 2014, authority to:

• Apply for, vary or discharge a civil injunction under sections 1 to 21 • Apply for, vary or discharge a Criminal Behaviour Notice under sections 22 to 33 • Issue a Community Protection Notice under sections 43 and 53

June 2017 Part 3 Section D Page of Page 100 of 202

Delegated to Assistant Director - Regulatory (continued)

• Carry remedial works in default following the issue of a Community Protection Notice under section 47 • Issue Fixed Penalty Notices to anyone who has failed to comply with a Community Protection Notice under section 52 • Make, vary and discharge a Public Spaces Protection Order under sections 59 to 75 • Issue Fixed Penalty Notices to anyone who has committed an offence by failing to comply with a Public Spaces Protection Order under Section 68 • Issue, cancel or vary Closure Notices under sections 76 to 84 • Enforcement of Closure Orders under sections 85 to 93

PRIVATE SECTOR HOUSING

1. To authorise works being carried out in default up to a maximum cost of £5,000 in cases where a breach of legislation can be remedied by the Council carrying out works in default.

2. To exercise the powers available under the provisions of Parts 1, 2, 3 and 4 of the Housing Act 2004 (“the 2004 Act”) and any orders or regulations made in respect of private sector housing and in particular to:

• administer the relevant enforcement provisions and serve notices or orders including taking emergency remedial action in appropriate cases as provided for in Part 1 of the 2004Act • be the Proper Officer for the purposes of section 4(2) of the 2004 Act (dealing with official complaints) • impose reasonable charges for enforcement action as allowed for by Section 49 of the 2004 Act • administer the relevant licensing provisions and determine applications for licences as provided for in Part 2 or Part 3 of the 2004 Act • administer the additional control provisions in relation to residential premises including the application of management orders, empty dwelling management orders and overcrowding notices as provided for in Part 4 of the 2004 Act • approve and enter into such nomination, management and other agreements as shall be necessary for the purpose of implementing management orders or empty dwelling management orders under Part 4 of the 2004 Act. • authorise officers to enter premises in connection with their duties under sections 131, 239, 243(3) and paragraph 3(4) of Schedule 3 and paragraph 25 of Schedule 7 of the Act and to authorise officers to require documents to be produced under section 235 of the 2004 Act • take appropriate enforcement action in accordance with the provisions of the Act to recover any costs, expenses, fees or other monies due to the Council from actions taken under the provisions of the 2004 Act • determine applications for HMO licences under Part 2 of the 2004 Act • grant, revoke or vary such licences and issue any necessary notices or certificates for those purposes • grant temporary exemption from licensing under section 62 of the 2004 Act

June 2017 Part 3 Section D Page of Page 101 of 202

Delegated to Assistant Director - Regulatory (continued)

• determine the conditions that should be attached to HMO licences that are granted or varied • exercise the enforcement provisions in respect of the licensing of HMO’s set out in Part 2 of the 2004 Act • the implementation of the transitional arrangements for HMO licensing under section 76 of the 2004 Act and the issue of any necessary notices or certificates

4. To administer relevant private sector housing provisions, give directions, serve notices, enforce, carry out work in default, issue formal cautions and to lay information and complaints to Court in relation of offences in appropriate cases under the following Acts and any Act or Acts extending or amending the same or incorporating them and under any order of regulations made under the said Act or Acts:

• Public Health Act(s) 1936 and 1961 • Local Government (Miscellaneous Provisions) Acts 1976 and 1982 • Building Act 1984 • Housing Act 1985 • Environmental Protection Act 1990

PRIVATE SECTOR HOUSING

1. The determination of applications for housing advances.

2. To reclaim money recoverable where conditions relating to house renovation grants are not met, subject to a right of appeal to the appropriate Cabinet Member.

3. To administer the provisions of the Council Financial Assistance Policy for Private Sector Housing including Disabled Facilities Grants, Disabled Facilities Assistance, Home Safety Grants, Home Repair assistance, Home Renovation Assistance, Landlord energy Efficiency Grants, HMO Fire Safety Grants, Landlord Renovation Grants and Landlord Empty Property Loans and in particular to determine all applications, authorize payment of grants or loans, issue certificates, reclaim monies where conditions relating to grants or loans are not met or when a property is sold.

GENERAL

1. To make objections to the registration of Goods Vehicle Operating Centres pursuant to the approved policy.

2. To operate the local land charges service.

3. To administer electoral registration and manage the elections function.

June 2017 Part 3 Section D Page of Page 102 of 202

Delegated to Assistant Director - Regulatory (continued)

The determination of the following Scrap Metal Dealers Act 2013 functions:

Matter to be dealt with Delegated to Assistant Director - Regulatory The grant, issue, renewal or variation of a Where the applicant is deemed to Scrap Metal Dealer Licence be a suitable person and no objections are received

The refusal or rejection of an application for a Where no representations are Scrap Metal Dealer Licence received

The revocation of a Scrap Metal Dealer Where no representations are Licence received

To ensure all Scrap Metal Dealer Licences In all instances are reported to the National database

WASTE COLLECTION

1. Power to take action within the approved budget and policy objectives of the Council in relation to domestic refuse collection, trade waste collection, recycling, composting, workshops, fleet and toilets.

2. Service of notices under section 46 of the Environmental Protection Act 1990 for the provision of waste receptacles including the issuing of fixed penalty notices and prosecution if necessary.

3. To negotiate and agree contracts for the sale of material collected for recycling or salvage and from time to time to review the operation of such contracts to determine that best value is being achieved in relation to the Council’s objectives.

TRAFFIC MANAGEMENT & PARKING

1. Temporary road closures under the Town Police Clauses Act 1847 in connection with functions, after consultation with Essex County Council and the Police.

2. To consolidate into a single order any waiting restriction orders currently in force when amendments to waiting restrictions in the villages are proposed.

3. Power to approve and rescind Traffic Regulation Orders relating to disabled parking bays under the Road Traffic Regulation Act 1984.

4. Day to day management of car parks, residents' parking schemes and decriminalised parking including determination of applications from organisations for the short term use of car parking spaces on public car parks which are similar to applications previously agreed by the appropriate Cabinet Member.

June 2017 Part 3 Section D Page of Page 103 of 202

Delegated to Assistant Director - Regulatory (continued)

5. To enable management of parking under appropriate sections of legislation, a power to make or vary Off Street Car Park Orders and Traffic Regulation Orders under either the Road Traffic Regulation Act 1984 or the Traffic Management Act 2004 (as appropriate).

6. To consolidate into a single order any waiting restriction orders currently in force when amendments to waiting restrictions in the villages are proposed.

7. Power to approve and rescind Traffic regulation Orders relating to disabled parking bays under the Road Traffic Regulation Act 1984.

8. To act as lead officer in accordance with the North East Essex Parking Partnership Joint Committee Agreement.

BUILDING REGULATIONS

1. The approval, disapproval or rejection of plans for the purposes of building regulations and power to dispense with or relax building regulations under statutory requirements.

2. Power to take appropriate action under sections 7 and 13 of the Essex Act 1987 relating to building regulations.

3. Power to take appropriate action under section 77 and 78 of the Buildings Act 1984 in respect of dangerous buildings.

4. Power to take appropriate action and to serve counter-notices relating to the demolition of buildings under sections 80 and 81 of the Buildings Act 1984.

5. To act the Appointing Officer under the Party Wall etc Act 1996.

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Delegated to the Assistant Director – Policy and Corporate

ENVIRONMENTAL PROTECTION

1. To apply for an injunction to prevent the occurrence of indoor or outdoor entertainments (or similar events) where, in the opinion of the Assistant Director - Regulatory, there is risk that a nuisance or a hazard to health and/or safety may be created and to give an undertaking in damages to a court if required.

2. Power to institute legal proceedings under the Dogs (Fouling of Land) Act 1996.

3. To prosecute applicants for hackney carriage and private hire licences who give false information on their application forms.

4. Power to institute legal proceedings under the Shops Act 1950 and the Sunday Trading Act 1994.

5. Power to institute legal proceedings under legislation relating to the quality, safety and content of food.

6. Power to institute legal proceedings under the Environmental Protection Act 1990 in relation to litter control subject to a report to appropriate Cabinet Member on action taken.

7. Power to institute legal proceedings in respect of the unauthorised disposal of trade refuse at Civic Amenity Sites.

GENERAL

1. Power to administer and effect changes in Members' Allowances consequent upon Councillors and any co-opted persons appointment changes.

2. Power to institute, defend or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where the Proper Officer considers that such action is necessary to protect the Council's interests.

3. Power to authorise appearances in Court pursuant to section 60(2) of the County Court Act 1984 and section 223 of the Local Government Act 1972 on behalf of the Council.

4. Power to designate officers of the Council or nominated third parties who are performing statutory functions on behalf of the Council as 'authorised officers' for the purposes of carrying out any of the Council's functions under statutory enactments or regulations as may be relevant to that officer including the appointment and authorisation of inspectors under Section 19 of the Health and Safety at Work etc. Act 1974.

5. To institute proceedings where the requirements of Notices under section 16 of the Local Government (Miscellaneous Provisions) Act 1976 requiring information on interests in land are not complied with within the statutory time limits.

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Delegated to Assistant Director – Policy and Corporate (continued)

6. Power to make an application for an Anti- Social Behaviour Order under section 1 of the Crime and Disorder Act 1998.

7. Power to institute proceedings relating to abandoned vehicles under the Refuse Disposal (Amenity) Act 1978 (as amended by the Clean Neighbourhoods and Environment Act 2005).

8. To act as registrar of Local Land Charges.

HIGHWAYS 1. Power to take prosecutions arising out of Section 6 of the Essex Act 1987 (damage to grass verges etc).

2. Power to prosecute offences under Paragraph 10 of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 relating to illegal street trading.

3. Authority to determine house numbering and street names under sections 64 and 65 of the Town Improvement Clauses Act 1847 where there are no objections and power to object to a suggested street name.

4. Authority to alter the names of streets in accordance with section 21 of the Public Health Act Amendment Act 1907.

HUMAN RESOURCES

1. The signing and issuing of all contracts of employment and of any associated terms and conditions.

2. To manage the process in relation to employees grievances and dismissals.

3. To approve regrading following evaluation in accordance with the approved job evaluation scheme.

4. To authorise agreements in respect of applications made to the Advisory Conciliation and Arbitration Services. These agreements to be only used in instances where there are pending employment tribunal claims and with the prior agreement of the relevant Assistant Director. Each agreement must be supported by the appropriate analysis which clearly defines the business benefits of the agreement.

5. To manage and administer the Council’s payroll system.

6. To manage employee health and safety.

PUBLIC SECTOR HOUSING

1. After consultation with the Assistant Director – Regulatory, to commence injunction proceedings against tenants causing nuisance/annoyance to their neighbours where he/she is satisfied upon evidence that it is appropriate to do so.

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Delegated to Assistant Director – Policy and Corporate (continued)

FINANCIAL RESOURCES

1. The operation of the Collection Fund including the power to invest surplus monies and to borrow to cover any shortfall in monies required by the Fund.

2. To implement variations to the interest rates chargeable on all Council mortgages and to determine the date for implementation in accordance with the notifications received from the Secretary of State subject to the appropriate Cabinet Member being informed of the action taken.

3. The Council’s Treasury Management Function in accordance with the approved Treasury Policy Statement.

4. Matters relating to procurement and the Council’s procurement strategy.

5. Authority to exercise discretion to agree such arrangements as are considered appropriate with borrowers in arrears to assist them in meeting their mortgage obligations.

ICT

1. To act as client under the telephony contract with Virgin Media.

2. To manage confidentiality, integrity and availability of ICT systems.

3. To manage and co-ordinate responses in relation to freedom of information and data protection requests.

SPATIAL POLICY

1. Power to take action within the approved budget and approved policy objectives of the Council in relation to:

(a) Local Plan and Neighbourhood Planning functions;

(b) Development of policy for the provision of homes, jobs and places to create sustainable communities;

2. Power to take action under the Conservation (Natural Habitats) Regulations 1994.

June 2017 Part 3 Section D Page of Page 107 of 202

Delegated to Assistant Director – Policy and Corporate (continued)

HOUSING POLICY

1. Power to take action within the approved budget and policy objective of the Council in relation to housing strategies.

2. Power to take action within the approved budget and policy objective of the Council in relation to the dissemination of information regarding all housing matters.

3. To act as lead officer for the Council in accordance with the Management Agreement dated 9 August 2013 between the Council and Colchester Borough Homes (as amended and/or varied from time to time).

4. To manage the Housing Revenue Account budget.

WASTE POLICY

1. Power to take action within the approved budget and approved policy objectives of the Council in relation to development of policy and project implementation with regard to waste.

ENTERPRISE

Power to take action within the approved budget and approved policy objectives of the Council in relation to the promotion of economic development.

TOWN TWINNING

Power to take action within the approved budget and policy objective of the Council in relation to town twinning (except civic aspects).

GENERAL

Power to take appropriate action under Part II of the Land Drainage Act 1991 (facilitating or securing the drainage of land or dealing with flooding).

ASSETS OF COMMUNITY VALUE

To manage and administer the Council’s Register and process in relation to Assets of Community Value under the Localism Act 2011.

June 2017 Part 3 Section D Page of Page 108 of 202

Delegated to Assistant Director – Policy and Corporate (continued)

PUBLIC SECTOR HOUSING

(Delegated to Colchester Borough Homes as part of the Management Agreement dated 9 August 2013 except the agreed client reserved functions)

1. The assessment of housing need of applicants admitted to the Housing Needs Register, the allocation of tenancies of Council dwellings, the nomination of applicants for tenancies of Registered Social Landlord dwellings.

2. To use any Council dwellings within the Housing Revenue Account for the purposes of Part VII of the Housing Act 1996 and to use bed and breakfast accommodation for homeless families in cases of emergency.

3. Determination of applications relating to homelessness under Part VII of the Housing Act 1996.

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Delegated to the Monitoring Officer

GENERAL

1. To respond on behalf of the Council to all enquiries from the Local Government Ombudsman and Housing Ombudsman including the determination of levels of compensation payable in respect of local settlements.

2. To agree with Assistant Directors responsibility for any other Acts or regulations that may be relevant to Assistant Directors’ area and to maintain a written record of such delegations.

3. Power to designate officers of the Council or nominated third parties who are performing statutory functions on behalf of the Council as 'authorised officers' for the purposes of carrying out any of the Council's functions under statutory enactments or regulations as may be relevant to that officer including the appointment and authorisation of inspectors under Section 19 of the Health and Safety at Work etc Act 1974.

4. Power to authorise appearances in Court pursuant to section 60(2) of the County Court Act 1984 and section 223 of the Local Government Act 1972 on behalf of the Council.

5. Power to institute, defend or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where the Proper Officer considers that such action is necessary to protect the Council's interests.

6. To sign on behalf of the Council all Inland Revenue Land Transaction Return Forms, Land Registry declarations and forms and Court declarations and forms and any other legal documentation required.

Delegated to the Section 151 Officer

1. Authority to write-off individual bad Council Tax and Community Charge debts up to £5,000.

2. Authority to write-off individual bad National Non-Domestic Rate debts up to £5,000.

3. Authority to write-off individual irrecoverable Housing Benefit Overpayments up to £5,000.

4. Authority to write-off individual bad debts not exceeding £5,000.

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Delegated to Assistant Director - Commercial

SPORT AND LEISURE - GENERAL

1. Power to take action within the approved budget and approved policy objectives of the Council in relation to the management and maintenance of sport and leisure facilities including Colchester Leisureworld and joint sports use facilities in the Borough

2. Power to agree minor amendments to fees and charges relating to sport and leisure services in response to changes in market forces.

COMMUNITY ALARMS

Power to take action within the approved budget and policy objective of the Council in relation to the management and provision of the Council’s community alarm (Helpline) service for the elderly.

CCTV

Power to take action within the approved budget and policy objective of the Council in relation to the management and provision of the Council’s CCTV system to contribute to the reduction of crime and disorder in Colchester.

REGENERATION

Power to take action within approved programme, budget and policy objectives of the Council in relation to regeneration activities across the Borough as a whole and specifically in the four main regeneration areas: St Botolph’s, East Colchester, North Colchester and the Garrison.

PROPERTY

1. To grant licenses, easements and way leaves and agree the sale of small areas of land and electricity sub-station sites.

2. To manage and let land or property held in advance of the Council's requirements and held for investment purposes.

3. To let and assign leases in respect of shops on Council housing estates.

4. To grant leases on the Council's industrial estates after consultation with the appropriate Cabinet Member.

5. To negotiate and agree rent reviews on the Council’s leasehold properties.

6. Power to take action within the approved budget and approved policy objectives of the Council in relation to the management and maintenance of the Council’s assets.

June 2017 Part 3 Section D Page of Page 111 of 202

Page 112 of 202

Item Cabinet 9(i) 14th June 2017

Report of Assistant Chief Executive Author Tina Hinson ( 506903 Ruth Newcombe ( 505845 Title Grant funding to Family Mosaic Housing Association to provide additional affordable rented housing Wards New Town and Christ Church affected

This report seek s Cabinet approval to grant fund Family Mosaic Housing Association to convert market sale housing to affordable rented housing on their proposed development in Butt Road, Colchester.

1. Decision(s) Required

1.1 To approve grant of up to £1.26 million from the Council’s reserve of Right to Buy Receipts, to Family Mosaic Housing Association to facilitate the development of additional affordable rented housing at Butt Road, Colchester.

1.2 To delegate to the Portfolio Holder for Housing and Communities final agreement of the value of the grant should final procured development costs increase or to agree a decrease in the number of homes that will be grant funded.

2. Reasons for Decision(s)

2.1 Colchester has a severe shortage of affordable rented homes. As at end of March 2017, 204 homeless households were in temporary accommodation waiting for suitable permanent homes to become available. As at April 2017, 4,941 households were registered on the Housing Register.

2.2 Under the agreement the Council signed with the Department of Communities and Local Government regarding retaining a proportion of capital receipts from council properties sold under the right to buy, the Council can provide a grant to a housing association/registered provider to provide affordable housing which must not constitute more than 30% of the total amount invested in providing the homes.

2.3 The payment of grant to Family Mosaic Housing Association will facilitate the provision of 19 affordable rented homes which would otherwise be market sale homes . These will comprise of two and three bedroom houses and will include much needed wheelchair accessible and adaptable homes. In return, the Council will receive nomination rights to these homes through the Choice Based Lettings Scheme.

Page 113 of 202

3. Alternative Options

3.1 The Council can reject the grant application, and the homes will not be converted from market sale, meaning the loss of opportunity for an additional 19 affordable rented homes within the borough.

4. Supporting Information

4.1 The Council has the ability to provide grant funding to Registered Providers to facilitate the delivery of additional affordable rented housing. Additional affordable rented housing is housing which is additional to any affordable housing negotiated as part of the planning process and secured by a legal agreement. Family Mosaic Housing Association have submitted a grant application to enable the provision of additional affordable housing at a site in Butt Road.

4.2 Family Mosaic Housing Association have submitted a Preliminary Enquiry to the Council for pre application advice and are working up a full application in response to advice given. It is anticipated that in total the proposed scheme will deliver 37 new homes, subject to planning permission. It is anticipated that the full application will be submitted in June 2017.

4.3 The Butt Road site is one of the last remaining undeveloped areas of the Garrison, granted planning permission under the overarching outline application. The legal agreement with that application secured affordable housing and there is an obligation under that agreement for 14 affordable homes. Whilst the obligation requires 14 affordable homes, the tenure is not specified so they could be delivered as intermediate homes. Intermediate homes can include shared equity (shared ownership and equity loans), other low cost homes for sale and intermediate rent, but not affordable rented housing. The Council’s grant funding will give certainty of the delivery of affordable rented homes on this site which will be in addition to the affordable housing obligation in the legal agreement.

4.4 Family Mosaic Housing Association do intend to deliver 18 homes as shared ownership to satisfy the existing planning obligation in the legal agreement. These shared ownership homes would not be grant funded by the Council as they are not additional affordable rented provision.

4.5 The other 19 homes will be provided as additional affordable rented housing using the Council’s grant funding to meet 30% of the costs of development with the remaining 70% of the funding being provided by Family Mosaic.

4.6 If the planning application is approved by the Planning Committee, construction is expected to commence by December 2017, with completion anticipated in March 2019. Grant will only be payable if planning is achieved and if there is a build contract in place for the construction of the scheme.

4.7 Once planning consent has been received and the construction has been tendered, the total scheme costs will be determined. But the grant payment will not exceed 30% of the total scheme costs, which is in accordance with DCLG requirements.

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4.8 In the event that total scheme costs are higher than expected and Family Mosaic Housing Association require a higher contribution of Right to Buy Receipts than those approved in this report, it is suggested that the proposal will be presented to the Portfolio Holder for Housing.

4.9 In recent years it has been a challenge to deliver housing which is suitable for the needs of wheelchair users. The potential for Colchester Borough Council grant funding has given the Council the opportunity to work with Family Mosaic Housing Association to seek to provide two 3 bed houses delivered at wheelchair adaptable standard with a level access shower and two 2 bedroom houses at wheelchair adapted standard

4.10 In return for its grant funding, the Council will receive 100% nominations rights for all 19 affordable rented properties. The homes will be let through the Gateway to Homechoice, choice-based lettings scheme and in accordance with the Gateway to Homechoice Allocations Policy. As these are new build homes, only those with households with a local connection to Colchester will be allocated the homes when they are first let.

4.11 There will be a grant agreement in place which will protect the grant for a minimum of 25 years. This means that if Family Mosaic disposed of any of the grant funded properties to a Colchester Borough Council approved Registered Provider, the grant will be transferred. If any of the grant funded homes are sold to a tenant, the grant would be recycled by Family Mosaic and used towards the provision of replacement affordable housing in the borough.

5. Proposals

5.1 The Council to provide funding of up to £1.26 million to Family Mosaic Housing Association to facilitate the development of 19 additional affordable rented homes from its reserve of Right to Buy Receipts.

5.2 Cabinet to delegate to the Portfolio Holder agreement of any grant in excess of £1.26 million or a decrease in the number of homes to be grant funded.

5.3 In return the Council will receive nominations rights for 19 properties.

5.4 The grant will be payable in 2 tranches; 50% at Start on Site and 50% at Practical Completion.

5.5 A grant and nominations agreement will be entered into prior to any payment of grant which will protect the grant for a 25 year period

6. Strategic Plan References

6.1 Prosperous - Provide opportunities to increase the number of homes available including those that are affordable for local people and to build and refurbish our own Council houses for people in significant need

Thriving - Be clear about the major opportunities to work in partnership with public, private and voluntary sectors to achieve more for Colchester than we could on our own

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7. Consultation

7.1 Family Mosaic have consulted with the Planning Team regarding the design and density of the scheme through a formal pre application process. A community consultation will take place as part of the detailed planning submission.

8. Publicity Considerations

8.1 A condition of the grant agreement is that any publicity is jointly agreed between CBC and Family Mosaic Housing Association.

8.2 There will be opportunities to publicise the Council’s financial contribution to enabling the development to happen, including the progress of the building of the scheme and at its completion.

9. Financial Implications

9.1 In August 2012 the Council entered into an agreement with the Government to allow the Council to retain receipts arising from the sale of Council home through the Right to Buy scheme. The agreement requires an undertaking from Colchester Borough Council that right to buy receipts will be spent on replacement affordable homes. Right to buy receipts should not make up more than 30% of total spend on replacement stock. The Council has three years from the time the receipt was received to spend it. Any unused receipts have to be returned to the Secretary of State with interest.

9.2 Using right to buy receipts to provide replacement affordable homes can be accomplished through a number of different means, including; newly built council homes; buying existing homes on the open market; or provision through local authority grants to housing associations. Colchester Borough Council (or the housing association that is grant funded) will be expected to fund the remaining 70% of development costs from its own reserves or through borrowing.

9.3 The Council has sufficient funds within the Right to Buy Receipts reserve to support this grant application of £1.26m

10. Equality, Diversity and Human Rights implications

10.1 Please refer to link below

Provision of affordable housing

11. Community Safety Implications

11.1 This proposal has a positive impact on community safety as it will bring an empty site back into use and in turn reduce the risk of potential anti-social behaviour.

12. Health and Safety Implications

12.1 Family Mosaic Housing Association will be responsible for all health and safety implications associated with the re-development of their site.

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13. Risk Management Implications

13.1 If the Council is unable to approve the grant funding required then:

• The opportunity to increase the supply of affordable housing through the development of this site could be lost. • The Council may be perceived to not be in support of additional affordable housing in the borough. • Unspent Right to Buy receipts may need to be paid back to the government with interest.

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Page 118 of 202

Item Cabinet 9(ii) 14 June 2017

Report of Assistant Chief Executive Author Lynn Thomas ℡ 505863 Title Request for Delegated Authority to Agree the Award of Contract Wards Castle Ward affected This report requests that the Cabinet delegate the responsibility for agreeing the contract award for replacement windows and doors in the Dutch Quarter (phase 2) to the Portfolio Holder for Housing & Public Protection

1. Decision(s) Required

1.1 To delegate the responsibility for approval of the award of contract to the Recommended Bidder for phase 2 of replacement windows within the Dutch Quarter to the Portfolio Holder for Housing and Communities.

1.2 To agree to enter with the successful contractor into a 1 year JCT Standard Form of Measured Term Contract 2011.

2. Reasons for Decision(s)

2.1 Phase 2 of the Dutch Quarter Window and Door programme will include replacement of windows and doors to properties within the Dutch Quarter area. The programme is required as the current elements have reached the end of their notional life. The Dutch Quarter has conservation area status and some listed properties that are therefore subject to specific planning restrictions. We are not able to utilise any existing contracts to undertake this work. The design and specification for the windows and doors has met the required planning regulations, and planning approval has been granted. This tender follows on from Phase 1 which is currently in progress.

3. Alternative Options

3.1 There are few alternative options as this programme forms part of the Council Statutory obligations as a Landlord and protects both our customers and the housing asset. The procurement process followed complies with the Public Procurement Regulations 2015.

4. Supporting Information

4.1 The contract will be procured following a Public Procurement Directive 2105 compliant tender process and in accordance with The Council’s Contract Procedures and Procurement Strategy.

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4.2 The procurement approach agreed by Cabinet on 1 December 2010 as part of the Asset Management Strategy is to let a JCT Form of Contract for this and similar types of work. The price quality split is 70/30 with the 30 spread across: • Proposed working arrangements, • Tenant Liaison • Relevant Experience • Social Value.

4.3 A procurement process will commence with the placement of an advert on Contracts Finder and through conducting an open procedure utilising a suitability assessment. The selected contractors will be invited to tender. A full section 20 process will be followed as the contract will would involve working on Leasehold properties. This is a Works contract and the value is was below the OJEU threshold so will not required to be compliant to the full OJEU process.

4.4 The current robust controls and monitoring arrangements will continue as a minimum standard in the new contract. The formal monthly Capital Monitoring Group (CMG) attended by both the Council (CBC) and Colchester Borough Homes(CBH) include progress against the agreed programme, monitoring of expenditure against agreed budgets, analysis of performance against KPIs, the quality and standard of the services provided to tenants by reviewing customer satisfaction reports and direct liaison with tenants.

4.5 CBH’s role as the Contract Administrator (CA) has been key to the success of existing window and door installation programmes. CBH will continue to manage the contract on behalf of the Council, which will include managing day to day issues/arrangements of the contract and act as the main point of contact for all parties through the nominated representative. The CA through the nominated representative will attend the monthly CMG to report on the contractor’s performance. The role of CA is also clearly defined within the JCT form of contract.

5. Strategic Plan References

5.1 This decision is part of delivering against the Vibrant theme in the Council’s Strategic Plan 2015-18 to ‘Develop a strong sense of community across the Borough by enabling people and groups to take more ownership and responsibility for their quality of life’ and the Welcoming theme to ‘Improve sustainability, cleanliness and health of the place by supporting events that promote fun and wellbeing’

6. Consultation

6.1 CBH will consult with Leaseholder through the Section 20 process in accordance with the Commonhold & Leasehold Reform Act 2002, section 151.

7. Publicity Considerations

7.1 Good communication with tenants is vital and the Council working closely with CBH will need to issue information to our tenants to advise them of new contract arrangements, how it will affect them with ongoing updates as the programme progresses.

8. Financial implications

9.1 The work will be paid by monthly valuations and is based solely on the individual properties completed within that month. The value of the contract is such that it requires approval by Cabinet and will be awarded subject to a competitive tender process.

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10. Equality, Diversity and Human Rights implications

10.1 The relevant Equality Impact Assessment for the CBC Procurement Strategy can be found here or by following the path: www.colchester.gov.uk > Your Council > How the Council Works > Equality and Diversity > Equality Impact Assessments > Commercial Services >

10.2 Through the Housing Procurement Strategy within the Asset Management Strategy, staff ensure that all future procurement and purchasing documentation recognises, understands and supports CBC and CBH policies with regard to equal opportunities, diversity and human rights.

11. Community Safety Implications

11.1 Road closures will be required in some instances in order to install windows safely from scaffolding. Any disruption will be agreed with the Council and Essex County Highways as required and where possible all measures will be taken to minimise disruption by working at off-peak times. Through the procurement process all contractors will be aware of the specific needs of our customers and direct on-site delivery will be managed by CBH to safeguard both customers, local residents and contractors.

12. Health and Safety Implications

12.1 Through the role of Contract Administrator CBH will ensure Health and Safety and Construction Design and Management Regulations 2015 (CDM 2015) requirements are fully complied with.

13. Risk Management Implications

13.1 By following a Public Procurement Directive 2015 compliant tender process and by implementing the controls and recommendations as set out in this report, the Council is seeking to mitigate against any potential risks or challenges.

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Page 122 of 202

Item Cabinet 9(iii) 14 June 2017

Report of Assistant Chief Executive Author Holly Brett Housing Development Officer ℡ 508830 Lynn Thomas Housing Asset Manager ℡ 505863 Title Dis posal of Gothic House, Wivenhoe Wards Wivenhoe affected

This report concerns the freehold sale of residential premises at Gothic House Wivenhoe, Colchester through informal tender

1. Decision(s) Required

1.1 To approve the preferred bidder and terms for the freehold sale of Gothic House, Wivenhoe as set out in the report contained in part B of the agenda.

1.2 To authorise the Assistant Chief Executive, in conjunction with the Portfolio Holder for Housing and Public Protection, to settle final terms and consequential matters to complete any sale.

1.3 To authorise the Assistant Chief Executive in conjunction with the Portfolio Holder for Housing and Public Protection, to agree a sale to the alternative parties that submitted offers, in the event that the purchaser does not proceed to complete the sale.

2. Reasons for Decision(s)

2.1 A review of the Councils temporary accommodation was undertaken in 2008 that made a number of recommendations. Following this a Cabinet report was submitted in 2009 recommending the disposal of several properties including Gothic House. The implementation of the proposals set out in the 2009 report, would deliver the following outcomes:- o Improvement in the stock of temporary accommodation for those in need of short- term o housing through reinvesting funds into refurbishing properties o Improvement in the support provided for the tenants of temporary accommodation o Better outcomes for these tenants o Recurring revenue savings for the Council o The potential for surplus capital receipts

2.2 Gothic House is not fit for purpose to provide the type of accommodation that is required, due to the type of accommodation, the location and the maintenance costs. We are actively seeking alternative accommodation through private sector leasing schemes to provide temporary accommodation in the borough that meets the needs of residents.

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2.3 A marketing exercise was undertaken in January 2017 which resulted in three proposals being received from perspective purchasers for Gothic House (detailed within confidential appendix1).

3. Alternative Options

3.1 The Council could decide not to dispose of the property and continue to use it as temporary accommodation, however this option has been discounted as the property is not fit for purpose and would require significant investment to bring it to the required level. This would result in a need to continue to invest in the property in the knowledge that it does not represent value for money in the long term

3.2 The Council could lease the property and allow the tenants to carry out works to improve the property, maintain nomination rights and at the end of the lease buy back the property. This would result in no capital receipt being generated and therefore the funds not being available to bridge the gap within the HRA Business Plan that the Government’s 1% rent reduction has contributed to as detailed in the Housing Investment Cabinet Paper in February 2017

4. Supporting Information

4.1 In December 2009 a Cabinet report was submitted that set out a number of recommendations following the review of all temporary accommodation in the Borough. Some of these recommendations have now been fulfilled with Family Mosaic refurbishing a number of schemes. The Council Was due to dispose a number of properties and Gothic House was one of those due to the accommodation not being fit for purpose. In 2016 this disposal was reviewed as part of the Housing Futures Programme

4.2 In January 2017 Fenn Wright were instructed to, to provide estate agency services to the Council in the disposal of this property. The marketing particulars in Appendix 2 give more photos and details on the property

4.3 The property was marketed for 6 weeks and offered for sale by informal tender. Initially three offers were received. After a period of renegotiation further offers were received which were unconditional and very close in terms of value so best and final offers were requested.

5. Proposals

5.1 To accept the recommended offer for the property as set out in the confidential part B of this report, with the option to revert to the alternative offers received in the event that the purchaser does not proceed to complete the sale.

6. Strategic Plan References 6.1 This proposal contributes directly to the following Strategic Plan priority area:-

Disposal of this unsuitable property will enable reinvestment to the Councils existing stock through the HRA in line with the Housing Investment Programme

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7. Consultation

7.1 The approved asset management process agreed as part of the Asset Management Strategy has been followed. The process takes advice from numerous feeder groups including housing management staff, finance staff, other relevant Council staff and the recommendations presented through this report are supported by the various stakeholders involved.

8. Publicity Considerations

8.1 To ensure best value was achieved, the property was advertised on the open market.

9. Financial Implications

9.1 The appendix in part B of the agenda sets out the offers received for the property

9.2 By using the capital receipt generated from this disposal to fund the HRA Capital Programme, it would reduce the amount the Council would need to borrow to support the 30 year HRA Business Plan, thus saving further interest costs and maximising the Council’s available borrowing headroom.

Capital Implications

9.3 Under the HRA Self-Financing arrangements, the Government have stated that they want local authorities to be able to undertake effective asset management, in particular to consider what to do with those dwellings where redevelopment might best meet local need, or whether to continue to maintain a particular dwelling given future maintenance costs etc. The regulations governing the pooling of housing capital receipts ensure the greater freedom towards disposals will not inadvertently disadvantage any authority, and that any receipts from the sales of vacant land or empty homes will be retained by local authorities provided they are spent on affordable housing. This includes the repayment of HRA debt, which must be considered given any disposal will reduce the number of dwellings available to service the HRA debt, therefore a proportion of any receipt should be set-aside for this purpose. It is also clear that where consideration is given to fund any HRA investment from disposals that those receipts need to be ring-fenced to the HRA, to safeguard the viability of the HRA business plan and also to avoid the requirement to pay a proportion to the Government under the capital receipts pooling arrangements.

9.4 The disposal of this property will remove the requirement to undertake possible substantial capital works on it over the life of the 30 year Asset Management Strategy and HRA Business Plan.

9.5 The Housing Investment Programme considered by Cabinet on 1st February 2017 included assumptions on receipts from potential disposal of assets, of which this forms a part.

10. Equality, Diversity and Human Rights implications

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10.1 http://www.colchester.gov.uk/CHttpHandler.ashx?id=15007&p=0

11. Community Safety Implications

11.1 None

12. Health and Safety Implications

12.1 None

13. Risk Management Implications

13.1 If the disposal of Gothic House does not proceed it will impact on the Housing Future’s Programme which has been approved to balance the HRA Business Plan along with the social and economic needs of residents given the long term viability of properties.

14. Standard References

14.1 There are no particular references to the Strategic Plan; publicity or consultation considerations; or financial; equality, diversity and human rights; community safety; health and safety or risk management implications.

Appendix 1

Sales Particulars

Page 126 of 202 Commercial - Essex 01206 216 565

Gothic House, 128 High Street, Wivenhoe, Colchester, CO7 9AF

For Sale by Informal Tender

Substantial Victorian Property with Further Development Potential  Freehold land and buildings  500 yard walk to Wivenhoe Train Station  C4-‘HMO’ planning use or single dwelling  0.11 acre site area.  Best written offers are invited by 12:00 hours on Friday 3rd March 2017.

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Details Location Accommodation

The property is prominently situated occupying a central plot Gothic House, 128 High Street, Wivenhoe: off Wivenhoe High Street in a highly sought after residential area due to its short walking distance to Wivenhoe train station Lower Ground Floor providing access to Colchester, Clacton and London Liverpool Ground Floor Street . First Floor Second Floor Wivenhoe lies approximately 3 miles south east of Colchester Approx. Total GIA : 3,350 sq ft (311 sq m) via the A133 Clacton Road and the B1028 Colchester Road. Approx. total Site Coverage: 0.11 Acre

Description Planning The property comprises a Victorian detached house over four floors on a plot of approximately 0.11 acres currently laid out to The house is registered as a House in Multiple Occupation accommodate 7 residential flats. There is parking at the rear of (HMO) and as such falls within Use Class C4. The premises the property which is accessed via Rebow Street and provides are not currently licenced, and any new owner would be 3-4 car parking spaces, with plot for 2-3 further spaces. required to apply for a licence under the Housing Act 2004. The change of use of the HMO back to a single family dwelling The lower ground floor comprises 2 flats, one provides a house is a permitted change under the Use Classes Order bedsit accommodation with a living room/bedroom, kitchen, 1987 (as amended). and bathroom. The other is split over 2 floors to provide a bedroom, living room, kitchen and bathroom. The lower ground The house is located within the Wivenhoe Conservation Area floor also houses a site office, laundry room and store. and as such, the Planning Authority is under a statutory duty to ensure that all development proposals serve to preserve the The ground floor accommodation is split into an two flats; the character and appearance of the conservation area. Given first provides a living room, bedroom, kitchen and bathroom that the building makes a considerable positive contribution to and the other with a bed/ living room, kitchen and bathroom. the character of the area, the replacement of the building The first floor comprises of a further two flats with the same would not be supported in principle (local plan policy DP14 layout as the ground floor; one flat with a living room, refers). bedroom, kitchen and bathroom; the other with a bedroom and The conversion of the building into self-contained flats may be bathroom and the other with a bed/ living room, kitchen and acceptable (refer to Policy DP11 – Flat Conversions) providing bathroom. that the Council’s policy adopted standards are satisfied. The second floor accommodates a further flat; with a living Without prejudice, any scheme must satisfy the requirements room, bedroom, 2 kitchens and 2bathrooms. of the highway authority and provide for adequate parking (DP19) and amenity space (DP16) to serve the proposal in conformity with adopted local plan policies within the Adopted EPC Development Policies DPD (October 2010 Updated July EPC reports for the individual flats are available upon request. 2014). Any application must be accompanied by an arboriculture impact assessment and constraint plan.

Interested parties are advised to contact the Borough Council’s Planning Service to undertake a formal Preliminary Enquiry in order to receive further informal advice regarding the potential for development.

Page 128 of 202 Particulars for Gothic House, 128 High Street, Wivenhoe, Colchester, Essex, CO7 9AF Lower-Ground Floor

Ground Floor

First Floor Second Floor

NOT TO SCALE FOR IDENTIFICATION PURPOSES ONLY Page 129 of 202 Particulars for Gothic House, 128 High Street, Wivenhoe, Colchester, Essex, CO7 9AF Tenure Viewing

Freehold for Sale by Informal Tender Access to the property is available on site at the following times: (Guide Price: Offers in Excess of £600,000) Thursday 2nd February 2017 14:30—15:30 Offers are invited for the property by informal tender. Best Tuesday 14th February 2017 15:00—16:00 written offers are invited by 12:00 hours on Friday 3rd March Friday 24th February 2017 14:00—15:30 2017. Offers should be submitted to our Tollgate office, and Tuesday 28th February 2017 09:30—11:00 clearly identify the prospective purchaser, method of funding and be expressed as a fixed sum. Offers should be submitted When visiting the properties please have consideration for the in a sealed envelope marked; “offer for Gothic House, existing householders in High Street and Rebow Road and Wivenhoe”, if the purchase is subject to any conditions, please do not obstruct the access to existing properties. provisos or requirements for alternative planning consent or further surveys of the site, the offer should clearly indicate the Strictly by prior appointment with the sole agents: extent of these conditions. Fenn Wright Acceptance of an offer to purchase will be subject to contract 1 Tollgate East, Stanway, Colchester, CO3 8RS and subject to no better offer being received prior to exchange 01206 216 565 of contracts. fennwright.co.uk Contact:

James Angel - T. 01206 216558 E. [email protected]

Lewis Chambers - T. 01206 216562 E. [email protected] For further information 01206 216 565 fennwright.co.uk

Fenn Wright for themselves and for the vendors or lessors of this property whose agents they are give notice that: i. The particulars are set out as a general outline for the guidance of intending purchasers or lessees; and do not constitute, nor constitute part of, an offer or contract. ii. All descriptions, dimensions, references to condition and necessary permissions for use and occupation, and other details are given in good faith and are believed to be correct but any intending purchasers or lessees should not rely on them as statements or representations of fact but must satisfy themselves by inspection or otherwise as to the correctness of each of them. iii. The vendor or lessor does not make or give, and neither Fenn Wright nor any person in their employment has the authority to make or give, any representation or warranty whatsoever in relation to this property. iv. All statements contained in these particulars as to this property are made without responsibility on Fenn Wright the part of Fenn Wright or the vendor/lessor. have Essex v. All quoting terms may be subject to VAT at the prevailing rate from time to time. vi. Fenn Wright have not tested any electrical items, appliances, any plumbing or heating systems and and Suffolk therefore, cannot give any warranty or undertaking as regards their operation or efficiency. covered Page 130 of 202

Item Cabinet 10(i) 14th June 2017

Report of Head of Community Services Author Rachel Macfarlane ℡ 01473 433556

Title Colchester and Ipswich Museum Service stage 2 application to the Heritage Lottery Fund for Skills for the Future Funding 2018-2022

Wards 'Not applicable' affected

This report concerns Colchester and Ipswich Museum Service stage 2 application to the Heritage Lottery Fund for Skills for the Future funding 2018-2022

1. Decision(s) Required

1.1 Approve the submission of a Heritage Lottery Fund (HLF) Skills for the Future (SFTF) Stage 2 bid by Colchester Borough Council in respect of our Joint Museum Service with Ipswich Borough Council.

1.2 To delegate authority to the Head of Community Services, in consultation with the Portfolio Holder for Business and Culture to sign off and submit the bid in line with Heritage Lottery Fund deadlines.

2. Reasons for Decision(s)

2.1 The Skills for the Future ‘Transforming People to Transform Museums’ project would support payment for the wages and on-costs of 24 trainees over 3 years with a total award of £570,000 for the programme. Colchester and Ipswich Museum Service (CIMS) would host 4 trainees per year (2 in each town), with our partners each hosting 1 or 2. Learning must be accredited, ideally with a heritage skills based framework. A Project Officer post (0.6FTE) is included in the funding to deliver the project and manage the trainees.

2.2 This project is one of 18 out of 81 to be selected to proceed to stage 2, which HLF have confirmed will be a non-competitive process. The CIMS stage 1 bid is the only application in the East of England to have been invited to proceed to stage 2.

2.3 Colchester and Ipswich Museum Service have participated in previous rounds of Skills for the Future funding, which have bought a number of benefits including increased capacity for the service and our customers, new ideas and new skills for participants.

2.4 If funded, the trainees would have a particular focus on developing business and digital skills and would work alongside museum staff on core activity included in the museums business plan such as the Collections Information Programme informing Ipswich Museum capital development plans.

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2.5 Delegated authority to the Head of Community Services provides the maximum time and opportunity for input and work on the final bid submission which is subject to a tight timescale and online portal process.

3. Alternative Options

3.1 To not proceed with a stage 2 application to HLF for SFTF funding.

4.0 Supporting Information

4.1 Ipswich Borough Council (IBC) and Colchester Borough Council (CBC) formed the Colchester and Ipswich Museums Service (CIMS) in 2007 for a period of 11 years (2007- 2018) under a joint agreement. The joint agreement was renewed in 2015 for a further 6 years (2015-2021).

4.2 IBC and CBC, through their joint Museum’s Service have participated in both the 2 previous rounds of SFTF including a successful partnership with Museum of East Anglian Life. Collaborative approaches between Museums is a key element of HLF aims as it helps to broaden skills and opportunities available.

4.3 In 2015/16 CIMS became a partner to the British Museum on the HLF funded ‘Learning Museum’ project, this included the hosting of one trainee and provided training to the cohort of ten trainees on a ‘partnership’ focused day. This trainee achieved a diploma in Cultural Heritage.

4.4 CIMS has a 100% retention rate of trainees on the SFTF and Training Museum programme. In 2016 Fiona Talbott, Head of Museums, Libraries and Archives for HLF spoke at CIMS’ ‘Transforming People to Transform Museums’ conference. The Training Museum won the LEAP Arts and Culture Suffolk Adult Learner Award and Award for Learning and Access at the Suffolk Museum of the Year. In 2017 it was shortlisted for a Creative and Cultural Skills Creative Choices Award in the Cultural Heritage category.

4.5 HLF encourage consortium bids. This project will see CIMS working in partnership with the Museum of East Anglian Life in Stowmarket, the Long Shop Museum in Leiston and Palace House, the National Heritage Centre for Horseracing and Sporting Art in Newmarket. CIMS would act as the lead museum in any final programme award.

4.6 The deadline for stage 2 bids for HLF SFTF funding is 12pm on Thursday 7 September. A decision is expected within 3 months of submission and by the end of 2017 at the latest. If successful, the CIMS project would commence in January 2018 and run until January 2022.

5. Strategic Plan References

5.1 An application for HLF SFTF funding supports the CBC strategic plan by helping to:

‘Support people to develop skills needed by employers in the future to take advantage of higher paid jobs being created.’

‘Make more of Colchester’s great heritage and culture so that people can enjoy them and draw inspiration for their creative talents’

6. Consultation

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6.1 Consultation to inform the bid will include key partners and reference to audience feedback.

7. Publicity Considerations

7.1 Applicants have been informed they will hear the outcome of their stage 2 bid within 3 months of its submission and at latest, by December 2017.

8. Financial implications

8.2 An application to HLF for SFTF funding will amount to £570,000 to be drawn-down from HLF quarterly between 2018 and 2022, following the submission of interim reports.

9. Equality, Diversity and Human Rights implications

9.1 This report involves a decision to apply for external funding for the museum services and as such does not have any identified negative impacts for persons with protected characteristics within the meaning of the Equality Act 2010

Background Papers

None

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Item Cabinet 10(ii) 14 th June 2017

Report of Chief Operating Officer Author Holly Brett ℡ 508830 Title Mercury Theatre Redevelopment Wards Castle affected

This report concerns the submission of the stage two bid to the Arts Council for the redevelopment of the Mercury Theatre

1. Decision(s) Required

1.1 To submit the stage two bid to the Arts Council for the redevelopment of the Mercury Theatre

1.2 To delegate authority to the Chief Operating Officer in consultation with the Portfolio Holder for Business and Culture to sign off the detailed bid documentation that is to be submitted to the Arts Council for stage two of funding

2. Reasons for Decision(s)

2.1 To enable a bid to be submitted to the Arts Council that seeks to secure part of the funding for the redevelopment phase of the works at the Mercury Theatre

2.2 The funding received by the Council for stage one, feasibility, has been used to work up a viable scheme for the redevelopment and the necessary information to include in the bid package

2.3 The stage two bid of £3.5m will contribute to the overall cost, circa £8.4m, of the redevelopment as well as a direct contribution from Colchester Council of £1m and Essex County of £1m. The Mercury has a fundraising target of £2.9m. Other elements of the project such as the landscaping will be subject to additional bids to available sources of funding

3. Alternative Options

3.1 Not to submit a bid and to fund the redevelopment from an alternative source, this would put the project at significant financial risk and cause delays to the project

3.2 Not to submit a bid and not go forward with the project

4. Supporting Information

4.1 The project was successful in obtaining Stage One funding of £478,730 from the Arts Council to enable the Council to make a detailed bid for additional funding of £3.5m for a redevelopment of the Mercury. This was reported to Cabinet on 8 June 2016 and the use of the grant was agreed.

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4.2 The Mercury Theatre is an important Arts venue not only in Colchester but in the east and nationally. It has an excellent reputation for delivering a diverse programme of shows that appeal to all audiences throughout the year programme including drama, dance, music and family theatre

4.3 The Mercury has operated from its current location since 1972 over which time it has developed a loyal core audience. The Theatre offers both professional and community productions plus an extensive range of learning and participation activities. There have been minor repairs and alterations to the site over the years but no significant investment in the physical infrastructure of the building in over 40 years. The Mercury has now out grown its physical environment. By redeveloping the theatre the Mercury can expand its current offerings and significantly improve the audience experience

4.4 The Mercury is part of our diverse cultural offer in Colchester, supporting tourism. It is an important regional venue for performing arts and draws audiences from across the region. The Theatres turnover is 2014/15 was in excess of £3.5m with audiences of over 100,000 a year. Data indicated that the Mercury generated almost £3m of additional spend by visitors to the locality, by improving the customer experience for those audiences visiting it is envisaged that these numbers would increase, further supporting the local economy and the Theatre.

4.5 The Mercury offers major learning and participation programmes which could be increased in the future with the development of a creative learning suite as part of the redevelopment plans. Currently the programme includes youth theatre, after school workshops summer school and work placements.

4.6 The Mercury has a wide reaching reputation for outstanding work and this has been evident though the support for the project from fundraising activates as well as increasing audience numbers with this seasons panto being the best ever

5. Proposals

5.1 To submit the detailed bid to the Arts Council for stage two in order to secure funding for the much needed redevelopment of the theatre

5.2 The Chief Operating Officer in consultation with the Portfolio Holder for Culture and Regeneration agree the final documentation that will be submitted to the Arts Council

6. Strategic Plan References

6.1 The redevelopment of the Mercury supports a number of areas in the Strategic Plan

• Enhance the diverse retail and leisure mix • Make more of Colchester’s great heritage and culture • Promote Colchester to attract further inward investment • Promote Colchester’s heritage and wide ranging tourism attractions to enhance our reputation as a destination

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7. Consultation

7.1 There has been significant consultation with a wide range of stakeholders and user groups as part of developing the bid for stage two, these will be contained within the bid package

7.2 Further statutory consultation will be carried out when the planning application is submitted

8. Publicity Considerations

8.1 There has been active publicity relating to the work at the Mercury to date through a joint communications plan with the Mercury. There will be continuing communications including consultations as part of stage two

8.2 When stage two funding is received further publicity will be carried out in conjunction with the Mercury and the fundraising team

9. Financial implications

9.1 The stage 1 funding of £479k, of which £431k was received by Colchester Borough Council, has been used to develop the project including producing costed plans.

9.2. The current estimated cost to deliver the project is c£8.4m funded by:-

• Colchester Borough Council - £1million (funding allocations from New Homes Bonus) • Essex County Council - £1million (agreed by Essex County Council) • Fundraising contribution by Mercury Theatre - £2.9million • Arts Council - £3.5million (the Stage 2 bid)

9.3. The Mercury Theatre has a fundraising strategy in place and progress against this is regularly reported to the Council. Good progress is already being made and a number of bids to large trusts and foundations have been submitted alongside local fundraising including a ticket levy.

9.4. At this stage Cabinet is being asked to agree to submit the Stage 2 bid. A further report will be submitted later in the year to agree the final scheme and appoint contractors. This report will include an overview of the overall funding position.

10. Equality, Diversity and Human Rights implications

10.1 The stage two bid documentation will include the Equality Impact Assessment

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11. Community Safety Implications

11.1 N/A

12. Health and Safety Implications

12.1 N/A

13. Risk Management Implications

13.1 There is a full risk register relating to this project and is managed to ensure risks are identified and mitigated where possible

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Item Cabinet 11(i) 14 June 2017

Report of Head of Community Services Author Elizabeth Flood ℡ 507552

Title Section 299A funding and a ppointment of the main contractor for the conversion of the former Garrison Gymnasium into a commuity centre.

Wards Shrub End affected

This report concerns the proposal to use the remaining section 299A funding associated with the former Garrison Gym to undertake works to convert the building into a community centre and the appointment of the main contractor for the conversion works.

1. Decision(s) Required

1.1 To agree to the remaining Section 299A funding associated with the former Garrison Gym to be used to undertake works to convert the building into a community centre.

1.2 To delegate to the Head of Community Services, in consultation with the Portfolio Holder for Resources, the authority to appoint the main contractor for the conversion of the former Garrison Gym to a community centre, in line with the budget available.

2. Reasons for Decision(s)

2.1 As part of the section 299A agreement provided to support the planning application for redevelopment of the Colchester Garrison Site the developer provided funding to the Council to be used to adapt the Garrison Gym and the Medical Reception Suite for Community and Health Uses. Some of this funding was used to create the Abbeyfield and Portland Medical Centres, with the remaining funding available for conversion of the Garrison Gym into a community centre. Due to the amount of Section 299A funding Councillor approval is required to allocate this to the redevelopment of the former Garrison Gym.

2.2 The value of the main contract to undertake works for the conversion works mean this is a key decision and Cabinet approval to appoint the main contractor would be required.

2.3 Waiting until the tenders have been returned and then asking Cabinet to agree to the appointment of the contractor is likely to lead to undesirable delays for the proposed tenants The Mercury Theatre.

3. Alternative Options

3.1 There are limited alternative options as the section 299A monies are required to be used only to adapt the Garrison Gym for community uses. An alternative option would be to find

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a long term tenant who could then use the funding to convert the building to a community building. However finding a suitable tenant will take a significant amount of time, during which the building would remain empty and vulnerable.

3.2 The tender process could be undertaken and then the Cabinet could be asked to make a decision regarding the appointment of the contractor. However given the timings of Cabinet meetings this is likely to lead to significant delays in appointing a contractor. The Mercury Theatre require the building to support the redevelopment of the Mercury Theatre and so any delay to appointing the contractor could have knock on effects to this project. In addition the building has been vacant for a significant amount of time, is vulnerable to vandalism and is an underused resource therefore it is desirable for redevelopment to happen as soon as possible.

4. Supporting Information

4.1 The former Garrison Gym is a building of local historic significance and stands in a conservation area. Ownership of the building was transferred to the Council as part of a Section 299A agreement between Colchester Borough Council, Essex County Council and The Secretary of State for Defence stating the building had to be put to community use. The Council started negotiations with the Abbeyfields Community Church to lease the building to run as a community centre.

4.2 During the negotiations, the building was subject to a severe fire. A decision was made that the rebuilding and redevelopment of the building would be split into two phases, phase one to include a new roof, windows and toilets and phase two which would involve the fitting out of the building as a community centre. The Council would undertake the first phase of works and the Abbeyfield Community Church would undertake the second phase of works having been transferred the remainder of the section 299A funding for the building.

4.3 Shortly before the phase one works were completed Abbeyfields Community Church decided they no longer wanted to take over the lease of the building. The Council therefore started informal discussions with other groups which were interested in using the building.

4.4 The Mercury Theatre have expressed interest in having a short term lease of the building to use as office and rehearsal space during the redevelopment of the Mercury Theatre. They would require the building until early 2020. The use of the building will not be exclusive to the Mercury Theatre who are proposing to hire out spaces within the former Garrison Gym to community groups in the evenings and weekends, which will also be a requirement of the lease so the building would fulfil its function as a community centre.

4.5 If the Mercury Theatre takes the former Garrison Gym on a short term lease the Council will use that time period to identify a suitable long term user of the building, giving time for that user to produce a business plan and apply for any grant funding that they require. It is hoped that the community groups who hire the building while the Mercury Theatre are leaseholders will be able to remain in the building when a long term lease is signed.

4.6 Organisations who expressed an interest at a previous open day viewing will be invited to submit expressions of interest for long term community use of the building. Advertisements will also be prepared to encourage widespread interest in this unique building for community activity. Submissions will then be evaluated to identify the most sustainable and community beneficial proposal. It is the Council’s intent for the community use to be continuous and for the long term tenants to take on use of the building from early 2020.

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4.7 The Council has agreed to undertake the phase 2 works to refurbish the building into a community centre which is suitable for the Mercury Theatre and for the long term use as a community centre. Colchester Borough Homes are currently finalising the design and it is expected that the redevelopment works will go out to tender in July.

5. Proposals

5.1 It is proposed that the Section 299A funding, plus an additional sum from the insurance settlement is used to convert the building into a community centre, which will provide a flexible space which is able to cater for the Mercury’s proposals to use the building as a rehearsal space with community uses but can be easily converted into a different community use once a long term tenant has been identified, the confidential appendix sets out how the cost of the refurbishment would be split between the insurance settlement and Section 299A funding.

5.2 The proposals include the installation of heating and lighting throughout the building, conversion of some of the smaller rooms into an open plan office area, the reintroduction of an internal mezzanine area and the installation of a kitchenette. It is hoped that the main room can be subdivided by the installation of a curtain and that a vehicular delivery area can also be constructed.

5.3 The remaining Section 299A funds are therefore required to pay the contractor for the refurbishment works in additional it is proposed to delegate to the Head of Community Services, in consultation with the Portfolio Holder for Resources the authority to appoint the main contractor for the conversion of the former Garrison Gym to a community centre. This would be subject to the costs being in line with the budget available.

6. Strategic Plan References

6.1 The creation of a new community centre will support the Strategic Plan objective to develop a strong sense of community across the Borough. The refurbishment of a historic building and its use to support the redevelopment of the Mercury Theatre will support the Strategic Plan objective of making more of Colchester's great heritage and culture so that people can enjoy them and draw inspiration for their creative talents.

7. Consultation

7.1 There is no requirement to undertake consultation on the proposed use of the Section 299A funding for the Garrison Gym, as this has already been subject to public consultation during the original planning application. A planning application will be required for the change of use from gymnasium to community centre which will include a public consultation period.

7.1 The Council will consult with the adjacent medical centre to ensure construction work has the lowest possible impact on them. There were no complaints from neighbours during the more intrusive reinstatement works.

7.2 It is proposed to use the area to the rear of the building as a compound which will prevent the need to use the car parking area which has a shared access with the medical centre for contractors parking, this system was effective during the reinstatement works.

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8. Publicity Considerations

8.1 The decision to use the Section 299A funding for the Garrison Gym redevelopment is unlikely to be controversial as the funding has always been allocated for this use. It is proposed to keep the local community informed of the Council’s short and long term proposals for the Garrison Gym through press releases.

8.2 To ensure the successful delivery of the project consideration needs to be given to working with the Mercury Theatre to ensure that they publicise the new facilities that will be available to the community.

9. Financial implications

9.1 It is proposed that the redevelopment will be paid by the Section 299A funding and additional funding from the insurance company either for specific elements on the redevelopment or as a cash settlement. A confidential appendix sets out the full details of the funding.

10. Equality, Diversity and Human Rights implications

10.1 An Initial Equality Impact Assessment has been carried out regarding the rebuilding of the former Garrison Gymnasium and no positive or negative impacts have been identified. Therefore a Full Equality Impact Assessment is not required.

10.2 Please use the link below to view the assessment.

Garrison Gymnasium Initial EqIA

11. Community Safety Implications

11.1 At the present time the site is secure with a wooden hoarding around the perimeter of the site and all external doors and windows boarded up. Reinstating the building will remove the risk of the site being focus for vandalism and anti-social behaviour and promote a greater feeling of security in the local community, therefore it is imperative that the phase two works are undertaking in a timely manner.

12. Health and Safety Implications

12.1 To assist Colchester Borough Council with health and safety matters the NPS Group have been appointed as the Construction Design Management (CDM) Co-ordinator. Their duties include to co-ordinate health and safety aspects of design work, co-operate with others involved with the project, and prepare/update the health and safety file.

13. Risk Management Implications

13.1 The risk register for the project can be found below:

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Risk description Impact and / or Consequences Risk Mitigation / Controls

Costs include 10% contingency. If all Could result in a community centre Budget provided is insufficient to provide the the tenders received are over budget, which is not suitable for the proposed community centre fit out undertake a value engineering exercise tenant or requires further grant funding in conjunction with the Mercury to make it suitable. Theatre. May results in delays while finding a Ensure short as possible timescale for Timescales prevent Mercury from taking the long term tenant - need to consider design/ construction and Mercury kept building security and possible building damage. aware of timescales and progress. Regular checks on the building and any damage to gates/hoardings to be Result in damage to building and Security issues while building is empty repaired immediately. Support the use associated additional costs and delays. of the building for police dog training as a deterrent.

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Item Cabinet 11(ii)

14 June 2017

Report of Assistant Chief Executive Author Richard Clifford ℡ 507832 Title Member Development Group: Annual Report to Cabinet 2016 -17 Wards Not Applicale affected

This report concerns the Annual Report of the Member Development Group on its work in the 2016-17 municipal year.

1. Decision(s) Required

1.1 To receive and note the report of the Member Development Group on the work of the group in the 2016-17 municipal year.

2. Reasons for Decision(s)

2.1 The Member Development Group’s Terms of Reference include a requirement to report to Cabinet on an annual basis. This provides Cabinet with an opportunity to review the work of the Group.

3. Alternative Options

3.1 No alternative option are proposed.

4. Supporting Information

4.1 The Annual Report of the Member Development Group for 2016-17 is attached to this report. This sets out information about the background to the group and its terms of reference and composition. It summarises the main areas of work undertaken by the Group and provides information about the range of development activities undertaken by members of Colchester Borough Council in 2016-17.

4.2. Cabinet are invited to receive and note the report.

5. Strategic Plan References

5.1 The Annual Report looks at how the priorities outlined in the Annual Training Plan have been met. The Plan identifies which of the Strategic Plan priorities development opportunities contributed to.

5.2 Member development supports all the Strategic Plan priorities by promoting the skills and knowledge members need in order to fulfil their roles effectively.

6. Financial Implications

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6.1 There are no direct financial implications arising from the report. The Annual Report sets outs out the expenditure against budget for member development in 2016-17.

7. Equality, Diversity and Human Rights implications

7.1 An EQIA for the councillor development policy has been prepared and can be accessed via the link below. http://www.colchester.gov.uk/CHttpHandler.ashx?id=2290&p=0

8. Standard References

8.1 There are no particular references to publicity or consultation considerations; or community safety; health and safety or risk management implications.

Page 146 of 202 Member Development Group: Report to Cabinet 2016/17

1. Introduction

The purpose of the Member Development Group is to provide a forum where members can advise on the planning, delivery and evaluation of member development activities. The Group is made up of a member of each political group and is chaired by the Portfolio Holder for Resources.

The Group is required to report to Cabinet on an annual basis. This report meets this requirement and summarises the work of the Group during the 2016-17 municipal year.

2. Terms of Reference

The Group’s Terms of Reference are as follows:-

The Member Development Group will advise on the planning, delivery and evaluation of member development activities and make recommendations to Cabinet where appropriate. The Member Development Group will report to Cabinet on an annual basis.

The membership of the Member Development Group will be the relevant Portfolio Holder with responsibility for Member Development and one member from each political group represented on the Council. The Group will be chaired by the Portfolio Holder. Members of the Group will be responsible for the promotion of Member Development within their political group.

The Member Development Group will:-

• oversee the provision of member development opportunities; • advise on policies and procedures relating to member development; and monitor their implementation and effectiveness; • regularly review the level and allocation of the Councillor development budget; • oversee the evaluation of member development opportunities and assess the contribution of member development opportunities towards the Council’s corporate objectives; • ensure that Charter Status for Member Development is maintained and monitor the progress of the implementation of the recommendations from the Charter Assessment.

3. Composition

The membership of the Group in 2016-17 was as follows:-

Councillor Mark Cory, Portfolio for Resources, Chairman Councillor David Harris Councillor Jackie Maclean Councillor Theresa Higgins

Page 147 of 202 Councillor Gerard Oxford

The Group has been supported by Hayley McGrath, Corporate Governance Manager, and Richard Clifford, Lead Democratic Services Officer.

The Group has met on three occasions in 2016 - 17.

4. Main Areas of Work

4.1 The Provision of Member Development

Details of the development sessions held this year and member attendance at these sessions is attached at Appendix 1.

In 2016-17, forty eight councillors have attended one or more development event, either internal or external over the course of the year, with twenty three Councillors number attending five or more sessions. The Group considers that these are attendance figures reflect a healthy interest in member development by Councillors and demonstrate that there is considerable interest in the sessions put on. The Group has also agreed a series of measurable member development objectives, which will be introduced in 2017-18, which will be used to measure the delivery of member development in future.

At the start of the municipal year, following the whole Council elections in May 2016, the Council hosted a New Council Conference. This was a new approach to induction and was aimed at providing Councillors with the information they need about the Council and its services and the support available to them at an early stage. The Conference included sessions for members on:-

• Welcome and Introduction to the Council; • Code of Conduct • Handling Constituents Enquires • Councillor IT and Digital Challenge • Work of Essex County Council

There was also a Market Stalls event for Councillors to obtain information about the Council’s Service Groups and to meet key officers. The Conference was well attended with 32 Councillors attending for all or some of the day, including ten of the eleven newly elected Councillors.

The main themes to the development sessions held this year have been partnership working and community safety. In terms of community safety this has included sessions on:-

Equality and Diversity Gang Violence in Colchester Policing in Colchester Tackling Child Sex Exploitation and Modern Slavery

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This reflects the Council Strategic Plan priorities to ensure Colchester is a welcoming and safe place for residents, visitors and businesses with a friendly feel that embraces tolerance and diversity. It has enabled Councillors to learn more about the work of partners in dealing with community safety issues in Colchester and to help build effective working relationships. The session on Tackling Child Sexual Exploitation and Modern Slavery was delivered alongside key officers and partners, including representatives from Essex Fire, Essex Police and the Probation Service.

A briefing was also provided to members and officers by another partner, the University of Essex, on its future plans. In addition to providing training for Borough Councillors, the Council has also provided training on planning issues for parish councillors.

Councillor Cory attended the LGA Leadership Academy programme.

Feedback provided by Councillors at member development session is collated and reported to the Group. The feedback has largely been positive.

4.2 Member Development Budget and Resources

The member development budget for 2016-17 was set at £10,000. The budget is split into two elements: a core training budget of £4900 which is used to fund core training with a council wide application such as training on licensing, planning and scrutiny. It is also used to fund a place at Leadership Academy. The remainder of the budget is split between the political groups on the basis of £100 per member. In practice, there has been limited spend from the group budgets and a flexible approach has been taken and the funds in the group budgets have also been used to support core training

Where possible the Council seeks to provide training and development in house and most of the training and development in 2016-17 has been provided by partners or by Council’s own officers without charge.

The total spend on the budget was £9225 broken down as follows:-

Equality and Diversity Workshop, 27 £3683 June 2016 Leadership Academy £1340

Licensing Training £1085 Introduction to Scrutiny, 15 £817.5 November 2016 Personal Safety for Councillors, 21 £800 January 2017

Page 149 of 202 Member Charter fee £1500

The Group appreciates the time and effort that officers and partners put into providing development opportunities for Councillors. Member development is supported by the Democratic Services Team. Support was also provided by the Corporate Governance Manager as and when required. Considerable time and efforts is put into providing sessions and development by officers across the organisation.

4.3 Member Charter Status

The Council was originally award Member Charter Status for Elected Member Development in July 2011 and was successful in being reaccredited in January 2015. Charter Status is awarded for a period of three years with an interim reassessment after 18 months. The Council’s interim reassessment was held in June 2016, and was successfully passed.

At its meeting in January 2017, the Group considered whether to recommit to Charter Status for Elected Member Development, and at what level, in line with the Group’s Terms of Reference. After considering the criteria and the resources available to the Council, the Group made a recommendation to Cabinet that the Council seek reaccreditation for Charter Status. However, work should continue towards Charter Plus status in the long term, so that the higher accreditation could be sought in the future. The Cabinet approved this recommendation at its meeting on1 February 2017.

4.4 Work Going Forward

The main focus of the Group’s work going forward will be to manage the bid for reaccreditation for Charter Status, which will be held in January 2018. The main elements of this will be to review the Member Development Policy and to ensure processes are in place to assess the strategic training needs of the Council and individual training needs of Councillors. This information will be used to develop a new Training Plan for the Council on which a Member Development Programme can be based.

5. Conclusion

The Group welcome the successful interim reaccreditation for Charter Status and the commitment to seek a further full reaccreditation in January 2018. This should ensure that the Council member development processes remain up to date and in line with good practice. After reviewing the development delivered in 2016 -17 and the large number of Councillors who have taken advantage of development opportunities the budget and resources the Group put into member development have provided good value.

Page 150 of 202 Attendance at Training and Development Opportunities 2016-17 Municipal Year

Appendix 1

Introduction to New Council Local Government Presentation by the Equality and Training Conference Planning Training Local Plan Briefing Finance University of Essex Diversity Workshop Dates 12-May-16 17-May-16 01-Jun-16 13-Jun-16 20-Jun-16 27-Jun-16 Attendees Arnold Chaplin Buston Chaplin Barlow Barlow Barber* Coleman Chapman Coleman Barton Bourne Barlow* Fox Chillingworth Fox Bourne Cope Barton* Liddy Coleman Scott-Boutell, L Buston Feltham Buston* Lilley Elliott Warnes Chillingworth Fox Chaplin* Scordis Ellis, A Wood Chuah Goss Chapman Scott-Boutell, J Ellis, D Coleman Graham Chuah* Scott-Boutell, L Fox Cory Harris Coleman* Warnes Goss Feltham Hazell Davidson* Young, T Graham Fox Laws Ellis, D* Jarvis Hazell Liddy Feltham* Lilley Laws Lilley Fox* Lissimore Oxford, G Oxford, G Harris* Maclean, J Scott-Boutell, J Pearson Higgins Oxford, B Smith Scordis Hogg* Oxford, G Young, T Scott Liddy* Scordis Scott-Boutell, J Lilley* Scott-Boutell, J Also the following officeScott-Boutell, L Lissimore* Scott-Boutell, L Smith Loveland* Smith Hodgson, T Warnes Maclean, J* Warnes Mooney, J Willetts Moore* Young, T Penny, B Wood Oxford, B* Pritchard, A Young, J Oxford, G* Rathbone, L Young, T Scordis* Swallow, T Scott* Vipond, I Scott-Boutell, J* Young, M

Page 151 of 202 Scott-Boutell, L* Willetts* Wood* Young, J* Young, T*

* attended Governance briefing covering Code of Conduct

Page 152 of 202 Code of Conuct and Managing Welfare Reform, Gang Violence in Statement of Unauthorised Policing in Benefits and Keeping Councillors Colchester Accounts briefing Encampments Scrutiny Training Colchester Colchester Safe 12-Jul-16 21-Jul-16 13-Oct-16 15-Nov-16 06-Dec-16 09-Jan-17 24-Jan-17 Barlow Barlow Bourne Buston Barlow Barton Buston Barton Chaplin Buston Coleman Buston Chapman Coleman Buston Chillingworth Chillingworth Davies Coleman Cope Cope Chillingworth Hazell Fetham Harris Cory Cory Davies Chuah Pearson Harris Hazell Davies Davies Feltham Coleman Willetts Hogg Hogg Feltham Feltham Harris Feltham Scott-Boutell, J* Liddy Pearson Goss Harris Hogg Fox Smith* Lissimore Willetts Harris Scordis Oxford, B Goss Oxford, B Warnes Hazell Scott-Boutell, J Scott-Boutell, J Graham * Statement of AccounPxfprd, G Wood Hogg Scott-Boutell,L Scott-Boutell, L Hogg Scott-Boutell, J Lissimore Smith Smith Liddy Scott-Boutell, L Oxford, B Wiletts Wood Lilley Warnes Oxford, G Young, T Young, T Scott Willetts Pearson Scott-Boutell, J Young, T Scott-Boutell, L Smith Willetts Hayley McGrath Warnes Young, T

Lucie Breadman

Page 153 of 202 Tackling Child Sexual Exploitation Planning training for Bradwell New Sustainable Local Plan Viability Planning Training and Modern Slavery Parish Councillors Nuclear Programme Development Workshop 24-Jan-17 27-Feb-17 23-Mar-17 11 Apil 2017 20-Apr-17 17-May-17 Buston Feltham Alistair McGarry - EightBarlow Barton Barber Chapman Hazell Mick Mead - Great HorBarton Chapman Barlow Chillingwoth Liddy Lance Williams - Great Bourne Chillingworth Chapman Harris Pearson Marian Hamer - Great Chillingworth Hazell Ellis, A Hazell Scott-Boutell, J Elsie Chapman - Layer Feltham Hayes Feltham Jarvis Scott-Boutell, L Hilary Bufton - Eight AsFox Hogg Fox Liddy Liz Gray - Myland Hogg Jarvis Goss Moore Robert Johnstone - MyJarvis Laws Jowers Oxford, G Tracey Brushett Dan Jordan - Stanway Jowers Lilddy Lissimore Willetts Michala Carey, CBH BPeter Thompson - StanLiddy Loveland Smith Barry Clough, Essex P Brian Butcher - West BMoore Maclean, J Warmes Simon Day Murray Harlow - West Scott Sarah Eveleigh Phil Booth - Wivenhoe Scott-Boutell, L Tara Freeley, Essex CSanchia Nash - Wiven Smith Jason Granger Chris Singleton - WivenWarnes Bev Jones Sophie Weaver - West Willetts Karen Loweman Petra Palfreyman - West mersea Lisa Mitson, Essex CouRobert Kean - Winstred Hundered Les Nicoll, Essex Fire Jay Regan Nicky Swainston

Page 154 of 202 Number of development Name sessions attended Christopher Arnold 1 Lewis Barber 2 Nick Barlow 8 Lyn Barton 8 Kevin Bentley Tina Bourne 4 Roger Buston 9 Karen Chaplin 4 Nigel Chapman 6 Peter Chillingworth 7 Helen Chuah 3 Phil Coleman 9 Nick Cope 3 Mark Cory 3 Robert Davidson 1 Beverly Davies 4 John Elliott 1 Andrew Ellis 2 Dan Ellis 2 Annie Feltham 10 Adam Fox 9 Martin Goss 5 Dominic Graham 3 Dave Harris 6 Pauline Hazell 7 Theresa Higgins 2 Mike Hogg 8 Brian Jarvis 4 John Jowers 2 Darius Laws 3 Cyril Liddy 8 Michael Lilley 5 Sue Lissimore 5 Derek Loveland 2 Fiona Maclean Jackie Maclean 3 Patricia Moore 3 Beverley Oxford 7 Gerard Oxford 6 Philip Oxford Chris Pearson 4 Lee Scordis 3 Rosalind Scott 4 Jessica Scott-Boutell 10 Lesley Scott-Boutell 10 Paul Smith 9 Martyn Warnes 9 Dennis Willetts 9 Barbara Wood 5 Julie Young 2 Tim Young 9

Note - those in italics were also members of Essex County Council in 2016-17 and also receive training

Page 155 of 202 g and development through ECC.

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Item Cabinet 12(i) 14 June 2017

Report of Assistant Chief Executive Author Richard Clifford ℡ 507832 Title Appointments to E xternal Organisations and Council G roups Wards Not applicable affected

This report concerns the appointment of representatives to external organisations and Council groups.

1. Decision(s) Required

1.1 To agree representatives for the Municipal Year 2017/2018 to the various external organisations and Council groups listed in Appendix A, such appointments to cease if the representatives cease to be members of the Council during the year.

1.2 To confirm that those Councillors who are not members of the Council groups for the Municipal Year 2017/2018 be confirmed as a pool of members able to act as substitute members on Council groups, in accordance with the normal requirements relating to substitute members set out in the Council’s Constitution.

1.3 To authorise the Leader of the Council to make a determination where a nomination is deemed to be in dispute, if a vacancy occurs or if an appointment needs to be made to a new organisation during the course of the municipal year.

1.4 To note the reports from appointees to external organisation and council groups about the work undertaken in 2016-17, as set out in Appendix B.

2. Reasons for Decision(s)

2.1 It is important for the Council to continue to make formal appointments to certain organisations and council groups such as those with statutory functions, our key strategic and community partners and groups with joint working arrangements. These groups have been identified in Appendix A.

3. Alternative Options

3.1 No alternative options are proposed other than to authorise the Leader of the Council to make a determination where a nomination is deemed to be in dispute.

4. Supporting Information

4.1 Bradwell Local Communities Liaison Council has been added to the the list of Outside Bodies to which appointments are made. It is proposed to appoint the Leader of the Council as the Council’s representative.

4.2 In accordance with the agreed procedure for making appointments to external organisations and council groups, if any seat or vote allocation remains in dispute by the

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after the appointments have been made by Cabinet, the Leader of the Council can determine the matter.

4.3 A review of the Council’s governance arrangements highlighted the need for the work undertaken by the Council’s representative on outside bodies and Council groups to be formally reviewed. Therefore, information about the work of the Council’s representatives on a number of the external organisations and Council groups in the 2016-17 municipal year is attached at Appendix B.

5. Financial implications

5.1 Members are entitled to claim travel allowance in respect of attendance at meetings of the external organisations and Council groups to which they have been appointed.

6. Strategic Plan References

6.1 The particular contribution that each of the external organisations and Council groups makes towards the aims of the Strategic Plan is indicated in in Appendix A.

7. Publicity Considerations

7.1 Members appointed as representatives will be notified accordingly. Confirmation of appointments will be sent to the relevant external organisation and to officer contacts for the various Council groups.

8. Equality, Diversity and Human Rights Implications

8.1 There are no direct implications for Equality and Diversity from these appointments and as such a full EQIA has not been deemed necessary. However the council and all representatives, both officers and members, will encourage and in some cases insist that our partners have the same approach to equality and diversity as we do and ensure that this is implicit within their policies and procedures.

9. Risk Management Implications

9.1 Councillors fulfilling external and partnership appointments need to have regard to the information and advice contained within the ‘Guidance for Members on Outside Bodies’, a copy of which is in the Members' Room for reference. 10. Community Safety and Health and Safety Implications

10.1 None

Page 158 of 202 Appendix A

Organisations / Groups requiring formal appointment

Role of the Compliance with Representative Organisation Representative and Contact Name and Address the Strategic s for 2016/17 Voting Capacity Plan

Local Government Organisations Local Government Association, Leader of the Representative is a Fatima De Abreu, Member Services Relevant to all General Assembly Council (voting member of the Local Government Association strategic priorities member) – Cllr general assembly and Local Government House [Local Government Association Smith has a voting right (if Smith Square dealing with all aspects of local more than one London SW1P 3HZ government] Substitute member is appointed member) – Cllr there remains only [email protected] [Meetings are held in June/July and Feltham one voting right) Tel: 020 7664 3136 December at 2pm. The meeting in Fax: 020 7664 3030 June/July is held at the annual Observers – conference venue and the Cllrs B. Oxford, December meeting in London] Davies and T. Young

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East of England Local Leader of the Cinar Altun, Relevant to most Government Association Council – Cllr Policy and Secretariat Manager strategic priorities Smith East of England Local Government Association Substitute West Suffolk House member – Cllr West Way Feltham Bury St Edmunds Suffolk IP33 3YU

01284 758321 07920 257935

[email protected]

Local Government Information Leader of the The representative is Chris Naylor Relevant to most Unit Council - Cllr a member of the Head of Partnerships strategic priorities Smith Members’ Assembly, Third Floor The LGIU is an independent which meets once a 251 Pentonville Road research and information year, and may stand London organisation. for election to the N1 9NG Executive Board. 020 7554 2800

[email protected]

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Haven Gateway Partnership Portfolio Holder The Chairman is Anita Thornberry • Promote for Commercial appointed annually. Director Colchester to [A sub-regional economic Services – Cllr The Chairman and Unit 1, The Green House attract further partnership] Feltham each partner have Parkside Office Village inward one vote. The Knowledge Gateway investment The purpose of the Partnership is to Cllr Smith Secretary may not Nesfield Road and be a framework through which (substitute vote. Wivenhoe Park additional partner organisations can work member) Colchester businesses, together to promote the economic CO4 3ZL providing opportunities and secure the future greater and prosperity of this major gateway to Tel: 01206 713611 more diverse the East of England Mobile: 07595 415660 employment Main Number: 01206 764778 and tourism [The Management Board meets bi- Email: anita.thornberry@haven- opportunities. monthly around the sub-region gateway.org alternating between Suffolk and Essex] Officer contact - Ian Vipond, tel 282717

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Essex Waste Partnership Leader of the Ian Myers  Improve Council and Senior Committee Officer – Corporate sustainability, Portfolio Holder Law and Governance Democratic cleanliness and for Strategy – Services health of the Cllr Smith Essex County Council place by Chelmsford CM1 1QH supporting Substitute events that member – [email protected] promote fun Portfolio Holder Tel: 01245 430481 033301 34575 and well-being. for Waste and Sustainability – Cllr J. Scott- Boutell Officer Contact: Chris Dowsing Group Manager – Recycling, Waste and Fleet [email protected] Tel: 01206 282752 North Essex Parking Partnership Portfolio Holder To receive reports, Matthew Young • Ensure traffic Joint Committee for Public Safety participate in Head of Operational Services infrastructure and Licensing – discussions and to Street Services keeps pace To develop and implement a joint Cllr Lilley raise issues of with housing parking service for North Essex concern to this [email protected] growth to keep including Braintree, Colchester, Substitute Council, one 01206 282902 the borough Epping Forest, Harlow, Tendring member:- Cllr executive member moving; and Uttlesford. Feltham able to vote. • Ensure Partnership Officer contact:- Colchester is a Richard Walker welcoming and Parking Partnership Group Manager, safe place for Delivery Point 12 residents, 01206 282708 visitors and www.parkingpartnership.org business with a [email protected] friendly feel that embraces tolerance and diversity. 6 Page 162 of 202

Essex County Travellers Unit Portfolio Holder To sit on the ECTU Steve Andrews • Develop a (ECTU) - a partnership with Essex for Public Safety partnership board. If Essex Countywide Traveller Unit strong County Council, Police, Fire and Licensing – action requires a vote Manager sense of Brigade and other local authorities Cllr Lilley then this would be to community The aim of the ECTU is to deliver an determine a telephone: 03330 137854 | mobile: across the efficient, effective and consistent recommendation to 07867 469246 | email: borough by approach to service provision the authorities. The [email protected] enabling across the county. representative will people and The unit fulfils the council’s then take the groups to responsibilities for gypsies/ recommendation take more travellers. through the ownership appropriate decision and making process. responsibilit There is one vote per y for their member authority quality of life.

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Campaign to Protect Rural Essex Cllr Scott Representatives have Ms Angie Jamison, Chairman • Develop a no specific role but Ms Tricia Moxey, Vice Chairman strong (Countryside and environment attend on behalf of the Campaign to Protect Rural Essex sense of organisation) Substitute Council to facilitate RCCE House community member – Cllr two way Threshelfords Park across the [Meetings held six times a year at Chillingworth communications. Inworth Road borough by 10.30am at the Essex Record Representatives are Feering, Colchester enabling Office, Wharf Road, Chelmsford] not able to vote CO5 9SE people and groups to [email protected] take more Tel/Fax: 01376 572023 ownership and responsibilit y for their quality of life. • Cultivate Colchester’s green spaces and opportunitie s for health, wellbeing and the enjoyment of all.

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Colchester Borough Homes Cllrs Chapman, Owen Howell • Provide Board D. Ellis, Hogg Board Assurance Officer opportunitie and Liddy HR & Governance Team s to [Wholly-owned subsidiary company Colchester Borough Homes increase the of the Council. Colchester Borough Tel: (01206) 282518 number of Homes is the Council’s Arms- homes Length Housing Management available Organisation] Officer contact: Gareth Mitchell tel including 506972 those that are affordable for local people and to build and refurbish our own Council houses for people with significant need. • Develop a strong sense of community across the borough by enabling people and groups to take more ownership and responsibilit y for their

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quality of life.

North Essex Children’s Portfolio Holder Lee Bailey • Ensure Partnership for Housing and Lead for Partnership Delivery Colchester Communities – Family Operations is a [To secure the improvement in the Cllr Bourne Head of Locality Commissioning – welcoming well being of children and young North East and safe people in North East Essex as Substitute North East Commissioning Hub, place for defined by section 10 of the member – Essex House, 200 The Crescent, residents, Children Act 2004.] Portfolio Holder Colchester Business Park, visitors and for Public Safety Colchester, Essex CO4 9YQ businesses and Licensing – Essex County Council with a Cllr Lilley Telephone: 03330139085 Mobile: friendly feel 07824867641 that (Plus officer email: [email protected] embraces member – Lucie www.essex.gov.uk tolerance Breadman, and Head of diversity. Community Services) Officer contact – Lucie Breadman Tel: 282726 Delivery Point 4

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Colchester Community Stadium Cllr Graham The Councillor and Chief Executive of the Board, Clive • Develop a Board Council Director sit on Gilham strong sense of Executive the Company Board community The Colchester Community Director – Ian and act as Board [email protected] across the Stadium Board is a company Vipond members. 07903 652510 borough by wholly-owned by the Council to enabling oversee the letting to Tenants of the people and Community Stadium and ensure groups to take they meet the financial and more community yield targets set as part ownership and of the commercial leases. responsibility for their quality of life. • Improve sustainability, cleanliness and health of the place by supporting events that promote fun and wellbeing.

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Safer Colchester Partnership - Portfolio Holder Full voting rights Melanie Rundle, Communities • Ensure Responsible Authority Group for Public Safety Initiative Manager Colchester is a and Licensing – welcoming and Cllr Lilley [email protected] safe place for Tel (01206 282104) residents, Pam Donnelly – visitors and Executive businesses with Director. a friendly feel that embraces tolerance and diversity..

Colchester Hospital University Cllr Chuah Tammy Diles • Be clear about NHS Foundation Trust Deputy Company Secretary the major opportunities to Email: work in [email protected] partnership with .uk public, private Colchester General Hospital | Trust and voluntary Offices | Turner Road | Colchester | sectors to Essex | CO4 5JL achieve more 01206 745338 for Colchester than we could on our own. • Improve sustainability, cleanliness and health of the place by supporting events that promote fun and wellbeing.

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Colchester and Ipswich Joint Portfolio Holder Lucie Breadman • Making more Museums Committee for Business and Head of Community Services of Culture – Cllr T. 01206 282726 Colchester’s To develop and implement a joint Young [email protected] great heritage museum service for Colchester and and culture so Ipswich Portfolio Holder that people for Customers – can enjoy Cllr B. Oxford them and draw Substitute inspiration for member: their creative Portfolio Holder talents. for Commercial • Promote Services – Cllr Colchester’s Feltham heritage and wide ranging tourism attractions to enhance our reputation as a destination.

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Dedham Vale (AONB) and Stour Cllrs Chapman Representatives are AONB Manager, Simon Amstutz • Cultivate Valley Joint Advisory Committee and Arnold involved in steering Address: AONB Office, Dock Lane, Colchester’s the work of the project Melton, Suffolk IP12 1PE green spaces [Partnership project funded by local and in particular Dedham Vale (AONB) and Stour and authorities and DEFRA matters affecting the Valley Project opportunities Area of Outstanding c/o Suffolk County Council for health and [Meetings held 2 or 3 times a year Natural Beauty. Endeavour House wellbeing and at various times and venues Representatives are 8 Russell Road the enjoyment throughout the Stour Valley area. able to vote. Ipswich IP1 2BX of all. Additional meetings and workshops Telephone: 01394 445225 • Promote as necessary.] Colchester’s E:mail heritage and [email protected] wide ranging tourism attractions to Officer contact – enhance our Adam John, Tel: 282472 reputation as a Delivery Point 8 destination.

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Essex Partnership for Flood Portfolio Holder Lucy Shepherd • Improve Management for Resources – Flood Partnerships Manager sustainability, Cllr Cory Environment, Sustainability & cleanliness and The aim of the Partnership is to Highways health of the meet Essex County Council’s Essex County Council place by responsibilities under the Flood 01245 433181 Ex 52181 supporting Management Act. Essex County events that Council recognise the need to work promote fun with borough and district councils [email protected] and wellbeing. on flood management issues They have established the Essex Partnership for Flood Management which is a member group that will receive reports on these issues across Essex and agree actions to alleviate problems.

The Partnership is supported by an officer steering group.

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Colchester Arts Centre Cllr Higgins Anthony Roberts • Make more of Director Colchester’s Colchester Arts Centre great heritage Church Street and culture so Colchester that people Essex can enjoy CO1 1NF them and draw inspiration for [email protected] their creative talents’ Officer contact – • Promote Claire Taylor, Visitor and Cultural Colchester’s Services Team Leader - T 01206 heritage and 282920 wide ranging [email protected] tourism attractions to promote our reputation as a destination

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Firstsite Portfolio Holder Sally Shaw • Make more of for Business Director Colchester’s and Culture - Lewis Gardens great heritage Councillor Tim High Street and culture so Young Colchester that people can CO1 1JH enjoy them and draw inspiration Officer contact – for their Claire Taylor, Visitor and Cultural creative talents’ Services Team Leader - T 01206 • Promote 282920 Colchester’s [email protected] heritage and wide ranging tourism attractions to promote our reputation as a destination Mercury Theatre Limited Cllr Barton Representatives act Steve Mannix • Make more of as Directors who are Interim Executive Director Colchester’s [Limited Company and Charity able to participate fully Mercury Theatre great heritage running an arts repertory company] in the meetings and Balkerne Gate and culture so vote Colchester CO1 1PT that people can [Meetings held every 4-6 weeks at enjoy them and 6pm at the Mercury Theatre] [email protected] draw inspiration for their Officer contact – creative talents’ Claire Taylor, Visitor and Cultural • Promote Services Team Leader - T 01206 Colchester’s 282920 heritage and [email protected] wide ranging tourism attractions to promote our reputation as a destination. 17 Page 173 of 202

Colchester Presents CiC Board Portfolio Holder The Councillor sits on Chief Executive of the Board, Promote Colchester Presents CiC is a for Business the Company Board St Martin's House, 63 West Stockwell Colchester company created by leading and Culture - and votes as a Board Street, Colchester, Essex, CO1 1HE Town Centre to members of the Town Centre Cllr T. Young member. attract further inward community to advance the interests Strategic and prospects of the Town Centre for Director – Ian investment and the benefit of the residents and Vipond additional Businesses of the Borough and businesses,

Town. providing greater and more diverse employment and tourism opportunities. • Improve sustainability, cleanliness and health of the place by supporting events that promote fun and wellbeing.

Member Development Group Portfolio Holder Richard Clifford, • Supports for Resources – Democratic Services Officer. members to Council Group constituted to assist Cllr Cory meet all in the formulation, implementation, Cllrs Harris, [email protected] strategic monitoring and evaluation of Higgins, J. 01206 507832 priorities member development strategies. Maclean, G. Oxford

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Police and Crime Panel Portfolio Holder for Colin Ismay • Ensure Public Safety and Colchester is a The Panel will be responsible for and Licensing – Corporate Law and Assurance welcoming and scrutinising and supporting the work Cllr Lilley Essex County Council County Hall safe place for of the Police and Crime Market Road Chelmsford CM1 1QH resident, visitors Commissioner, who in turn is Substitute [email protected] and businesses responsible for holding the Chief member: Cllr T. with a friendly Constable to account. Young Telephone ddi 01245 430396 Extn feel that 20396 embrace Email: [email protected] tolerance and www.essex.gov.uk diversity.

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Bradwell Local Communities Leader of the Full voting rights Tracey Finn • Ensure Liaison Council Council - Cllr Bradwell LCLC Secretariat Colchester Independent, local community body Smith mailto:[email protected] is a acting as a liaison between with local m welcoming organisations on matters arising from and safe the operation/management of the Tel: 01797 343510 place for Bradwell Power Station site. residents, visitors and businesses with a friendly feel that embraces tolerance and diversity. • Develop a strong sense of community across the borough by enabling people and groups to take more ownership and responsibilit y for their quality of life. • Cultivate Colchester’s green spaces and 20 Page 176 of 202

opportunitie s for health, wellbeing and the enjoyment of all.

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Page 178 of 202 Appendix B

Outside Body Colchester Borough Homes

Representative/s Cllr Nigel Chapman Cllr Daniel Ellis Cllr Mike Hogg Cllr Cyril Liddy

No. of meetings Held in 2016/17 Attended: 91.88% attendance Board Meetings: 6 Board and Committee meetings Finance & Audit Committee: 5 Governance & Remuneration Committee: 4 Operations Committee: 8

Comments Purpose of the Group Colchester Borough Homes (CBH) is an Arm’s Length Management Organisation set up and owned by Colchester Borough Council. Part of the local business community since 2003, CBH is an award-winning organisation providing management and maintenance services to around 7,000 residential, commercial and public buildings in the local area, including the Council's housing stock, Colchester Castle, Leisure World Colchester and Colchester Town Hall.

CBH offers a range of services to the private, public and non-profit sectors, including:

Buildings maintenance, renovations, refurbishments and repairs Lettings, tenancy management and income collection Housing options and advice Asset management Facilities management Health & safety Construction projects Energy efficiency

The Board of Directors provides strategic direction for the Company, approves its policies, approves its expenditure and monitors its financial position and its performance in delivering services. It also ensures compliance with the Management Agreement between the Company and Colchester Borough Council and ensures the Company complies with its legal responsibilities. Board Members are also members of one or more Committees (Finance & Audit, Governance & Remuneration and Operations), which allows for greater scrutiny of specific items and for delegated powers to be bestowed by the Board for certain decisions to be taken at Committee level. Six Board Members sit on the Business Opportunities Panel

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Work in 2016/17

Some of the key work done by the Board in 2016/17 were: • Agreeing the one year extension to the current Medium Term Delivery Plan which will run to the end of 2017/18, • Agreeing the Budget and the Housing Investment Programme for 2017/18 • Approved the Financial Statements for 2015/16 • Approved the appointment of Gareth Mitchell as new CEO • Authorised a new Resident Insight & Engagement Strategy • Received the results from the 2016 Survey of Tenants and Residents (2016) • Scrutinized Equality Strategy and Objectives • Updating the following corporate documents and policies: o Committee Terms of Reference o Contract Procedure Rules o Value for Money Strategy Action Plan o Anti-Fraud and Corruption Policy o Board Member Expenses Scheme o Information & Confidentiality Policy o Code of Governance o Board Member Code of Conduct o Complaints Policy o Board Member Recruitment Policy

As well as the official meetings recorded above, members attended a number of stand-alone meetings, briefings and training events throughout the year. These focussed on ensuring key skills and knowledge are held by Members. They include sessions on recent legislation, mentoring, financial standards/accounting and the responsibilities of being a company director.

Members also liaised with officers and Cabinet of CBC on the efforts being made by CBC to provide future housing in the Borough.

Other members

The Board includes four tenant Members and four independent Members alongside the four Members appointed by CBC.

For more information on other members of the CBH Board, please visit www.cbhomes.org.uk/membership.

Page 180 of 202 Issues arising or There are no specific issues arising or actions required. Action required It is considered by CBH’s Director of Resources and Board Assurance Officer that the Council Members who have sat on the CBH Board make a valuable contribution and provide appropriate constructive challenges to the Management Team at CBH. They have had a substantive role in providing oversight of the Company’s governance, direction and plans for the future.

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Outside Body Colchester Arts Centre Board of Trustees Representative/s Cllr Theresa Higgins

No. of meetings Held in 2016/17 Attended:

4 3 Comments Purpose of the Group

Provide strategic guidance and support to Colchester Arts Centre management and advocacy for the organisation.

Work in 2016/17

• NPO bid. Required difficult staff restructure to deliver the proposals as outlined in our application. Board gave approval to manage this change. • Capital bid to accompany chairs appeal. Agreed to prioritise using chairs fund to lever ACE capital investment in 2017 - 2018 • Contract to deliver two major outside festivals for Chelmsford City Council approved as extra revenue stream • Cllr Higgins chaired an appeal hearing for an employee contesting their dismissal.

Other members

Nigel Hildreth, Stephen Lansley, Anthony Clavane, Elaine Barker, Elizabeth Mullen, Andrew Allen, Louise Goodwin, Eliza O'Toole, Catherine Turner.

Issues arising or Action required

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Outside Body Dedham Vale AONB and Stour Valley Joint Advisory Committee Representative/s Cllr Chapman and Cllr Arnold Officer: Adam John

No. of meetings Held in 2016/17 – 2/3 Attended: all Comments Purpose of the Group

Representatives are involved in steering the work of the project and in particular matters affecting the Area of Outstanding Natural Beauty. Representatives are able to vote.

Meetings held 2 or 3 times a year at various times and venues throughout the Stour Valley area, with additional meetings and workshops as necessary.

Work in 2016/17

Principal areas: • Monitoring 2010-15 Management Plan & draft 2015-20 Management Plan (statutory requirements under CROW Act) • Progress against 2016/17 AONB Business Plan & drafted 2017/18 BP • Commenting on planning applications within & impacting on the Project Area • Administer Stour Valley Environment Fund • Working to Memorandum of Understanding 2015/16 to 2018/19 • Working with wider Partnership Forum championing the AONB

Other members

Partnership project comprising funded partners from local authorities within the Stour Valley and DEFRA, and non-funding partner’s representatives from the NFU, CLA, Environment Agency, Natural England and the Sub-regional Economic Partnership.

Issues arising or Action required

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Outside Body Firstsite Board of Trustees Representative/s Cllr Tim Young No. of meetings Held in 2016/17 Attended:

5 4 Comments Purpose of the Group

Provide strategic guidance and support to the Firstsite management and advocacy for the organisation

Work in 2016/17

The Board’s focus has been on:

• The NPO Application to Art Council England’s NPO programme • Developing organisational vision and strategy • Income generation and sustainability • Diversity and inclusion

Other members

Dr Noorzaman Rashid, Guy Armitage, Helen Organ, Jayne Knowles, Nicky Johnston, Ranil Perera, Robert Surman, Roger Hirst, Julia Obasa, Charlotte Winters, Martin Blackburn

Issues arising or Action required

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Outside Body Mercury Theatre Board Representative/s Cllr Lyn Barton No. of meetings Held in 2016/17 Attended:

4 Board Meetings 4 Board Meetings and 1 Away 1 Away Day Day plus monthly meetings of the Capital Sub Committee overseeing the redevelopment of the building Comments Purpose of the Group

Provide strategic guidance and support to the Mercury Theatre management and advocacy for the organisation

Work in 2016/17

Agreed updated Business Plan2016-18 Agreed RIBA Stage 3 Design for the new building Agreed and submitted Arts Council England NPO Submission for 2018-2022 Reviewed all HR policies Commissioned new financial accounting system (PS Financial) – to be implemented July 2017 Agreed new Memo and Articles of Association (to comply with latest Charitable Regulations)

Other members

Kathleen Hamilton, Bryan Johnston, Reggie Lloyd, Patrick Sandford, Prof. Michael Sherer, Jennie Skingsley, Matthew Swan, Simon Warwick, Robert West. Issues arising or Action required

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Outside Body North East Essex Children & Young People’s Partnership (CYPP) Representative/s Councillor Feltham Officer: Lucie Breadman – Head of Communities Officer: Emma Regan – Public Health Improvement Coordinator No. of meetings Held in 2016/17 Attended: Lucie Breadman , 4 meetings Head of Community Services, regularly attends meetings and ensures that Cllr Feltham, Portfolio Holder for Business, Leisure and Opportunities, is briefed on significant issues. Cllr Feltham will attend dependant on other diary commitments and agenda requirements and relevance Emma Regan has recently begun attending as part of the

Startwell workstream Comments Purpose of the Group

The Children’s Partnership draws together the analysis of need, shared resources, strategic service development and the delivery plans for shared strategic commissioning priorities. It establishes a common framework for our joint working arrangements around children and families.

Partnership arrangements are established to align partners around a broad strategy for children and families ensuring the statutory duty to cooperate and the shared duty to safeguard. They will aim through joint working to increase quality and efficiency, achieve better results and greater impact improving customer access and engagement.

Work in 2016/17

The Children’s Partnership is charged with ensuring that the shared priorities within the Health and Wellbeing Strategy and the wider priorities for children and families are delivered. It has the responsibility to establish governance to our joint working arrangements, including:

• Ensure appropriate prominence of children’s agenda on the Health and Well-Being Board. • Establishing an inter-agency governance arrangement across the wider children’s services arena in particular in relation to the Essex Safeguarding Children’s Board (ESCB).

Page 186 of 202 • Influence and contribute to the Joint Strategic Needs Analysis and informed by the views of children, young people and their families. • Influence from a partnership perspective the development of a Commissioning Strategy for Children and Families. • Establish a collegiate understanding and rationale behind aligned joint resources determining actions based on a shared understanding of priority and need. • Set a framework for the operation of joint working arrangements and support and oversee the activities of the Local Children’s Partnership Arrangements. • Provide strategic overview for locality partnership working and the Local Children’s Partnership Boards. • Development of the Children, Young People and their Families Plan and Strategies Priorities. • Ensure that the voice of the child is central to the development of the partnership priorities and plan.

Other members North East Essex Clinical Commissioning Group Anglian Community Enterprise Colchester Hospital University Foundation Trust Provide Essex Police Essex County Council Tendring District Council Colchester Borough Council Schools Forum Barnardos Tendring Council for Voluntary Services Colchester Council for Voluntary Services Virgin Care

Issues arising or The Startwell Workstream. CBC has developed an action plan of Action required work to tackle inequalities in our most deprived areas by supporting families and children to get the best start in life through a collaborative approach with CYPP partners. This will form an ongoing work stream during 2017/18

Page 187 of 202 Outside Body: Colchester Hospital University NHS Foundation Trust

Representative: Councillor Helen Chuah

Report of Meetings held in 2015/2017

Since September 2016 I have attended the Council of Governors meetings as scheduled.

However, not long into his post as Executive Chief Officer of CHUFT, Frank Sims resigned, followed by Alan Rose who resigned as Chairman of the Board of Governors.

CHUFT has been in special measures for more than 2 years and the NHS Improvement and the Care Quality Commission together with the Chief Inspector of Hospital Sir Mike Richards have no confidence in the present Trust Board to address the issues facing the hospital. They do acknowledged that the Hospital Board has made many improvements for it’s patients, but needed help, and the partnership with Ipswich Hospital was a way of securing long term benefits for the patients.

Mr Nick Hulme was appointed as Executive Chief Officer for Ipswich Hospital and CHUFT, and Mr David White was appointed as Chairman for Ipswich Hospital and CHUFT.

Dr Barbara Buckley was appointed to the role of Managing Director and one of her role would be to deputise for the Chief Executive.

Mr Tim Fenton was appointed as Non-Executive Director to replace Mr Tom Fleetwood who become the Freedom to Speak up Guardian across both Colchester and Ipswich.

There has been joint board meetings with Ipswich Hospital and both were committed to forming partnership.

Sustainability Transformation Plan ( STP) was briefly brought up at the meeting in February by David White – there will be changes to methods of working collaboratively with Primary and social care.mr White assured governors that the plan would be open to public and staff to identify correct ways of working, and that Colchester and Ipswich hospitals needed to work within the STP to establish joint working.

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Outside Body Safer Colchester Partnership – Responsible Authorities Strategic Group

Representative/s Cllr Mike Lilley Officer: Pam Donnelly

No. of meetings Held in 2016/17: Attended:

21st June 2016 Cllr Mike Lilley Pam Donnelly Cllr Anne Turrell (Essex Fire)

13th September 2016 Cllr Mike Lilley Pam Donnelly Cllr Anne Turrell (Essex Fire)

14th December 2016 Cllr Mike Lilley Pam Donnelly

15th March 2017 Cllr Mike Lilley Pam Donnelly Cllr Anne Turrell (Essex Fire) Comments Purpose of the Group

To work in partnership to address the issues of Community Safety across the Colchester Borough.

Work in 2016/17 See attached Annual Partnership Plan

Other members: Anna Hook – Essex County Council Chris Pearson – National Probation Service David Messam – National Probation Service Elliott Judge – Essex Police Gary Smallman – Essex CRC Jo Hall - CCG Karen Loweman – CBH Les Nicoll – Essex Fire Major Jeremy Scott - Garrison Commander MOD Mark Eaglestone -Essex Fire Service Pam Green - CCG Tracy Rudling - CCVS

Issues arising or Action required None

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Safer Colchester Partnership - Annual Partnership Plan 2016-2017

The Safer Colchester Partnership (SCP) work to reduce crime and disorder in Colchester and deliver the key priorities contained in this Annual Partnership plan.

Prepared by: Sonia Carr ( 01206 282978)

KEY PRIORITY 1: TO PROTECT VULNERABLE PEOPLE (KP LEAD: COLCHESTER BOROUGH HOMES) This priority will include raising awareness of issues such as domestic abuse, hate crime and gangs alongside supporting those at risk. It will also enable the partnership to provide support to chaotic families and prevent vulnerable adults becoming victims of crime and exploitation. OBJECTIVE PROGRESS / OUTPUT FUNDING PROJECT END PCC LEAD / DATE PRIORITY AGENCY Deliver a social media campaign aimed at 16-24 Campaign to link in with 16 days of action for DA from TBC CBC Apr 2017 3, 6 age group to promote reporting of Domestic Abuse 25th November 2016. Scott tweeted various da (DA) with the aim of reducing occurrences of DA messages via Safer Colchester Website. Scott also supported and promoted white ribbon campaign in nov 2016 Supporting People With Chaotic Lifestyles - Project went live in Sept 15 and as of Dec 15 had £5000 SCP CBH / Sept 2, 6 Project continues from 15-16 (started Sept 15) received 2 referrals who will receive 4 hours per week (15-16 Catch 22 2016 The project aim is to reduce the incidents of hate intensive support. 4 Referrals from CBH as of March allocation) crime and anti-social behaviour targeted at 2016 – partner agencies encouraged to make vulnerable single people and families who may have referrals. a chaotic life style or be hoardersk Catch 22 have seen 12 referrals so far and 1 pending referral. 6 referrals have come from CBH and 5 Colne housing. As it stands Catch 22 have had no referrals suitable for the 12 week intensive programme, but 9 referrals have required more intensive input or longer intervention. Due to the lack of referrals this scheme 1

Page 190 of 202 took an extra 2-3 months to get underway. Catch 22 have started the vetting process, in order to work within the community hub at the police station. Maintain and extend the Keep Safe scheme across Working with ECC to relaunch the scheme TBC CBC Apr 2017 6 the borough. Also extend the scheme to older people The Keep Safe scheme now has approx. 205 vulnerable adults and approx. 23 venues including a new venue – Highwoods Tesco. The scheme will undergo a relaunch extending to older people and introducing a mobile App. Network Speed Dating Events Network Speed Dating Events to take place 4th April N/A ECFRS Apr 2016 6 Essex County Fire and Rescue Service (ECFRS) and 7th July. Network Speed dating event took place invite 25 people to a networking session where you with, 25 people involved from different structured and meet 24 contacts for 6 minutes a time. charitable organisations. This was a great success for This gives the opportunity to either make up to 24 making new contacts, or renew friendships with old new contacts or renew friendships with old contacts contacts.

Colchester Walk & Talk Event in Colchester to This event happens once every month, and usually N/A ECFRS Apr 2016 6 interact and engage with people with mental health see’s around 10 walkers per walk. A friendly and issues who may be isolated at home or require inclusive group has been organised, with new befriending / support members joining all the time. ECFRS have signposted and also dealt with some issues whilst being on walks.

Dementia Alliance work – further details required via CBC have joined with CCVS for Dementia Action N/A CCVS TBC 6 Tracy Rudling & Pam D Alliance. There is now a new website where various organisations post their commitments and actions. CBC role in the website can be found at http://www.dementiaaction.org.uk/members_and_ac tion_plans/6196-colchester_borough_council

Gangs awareness training (Inc. cuckooing) to be Colchester Community Policing team have these key TBC Police TBC 4, 5, 6 delivered to police areas they work on:- Sexworkers/Brothels, Nail bars, Hand Car washes, Traveller community, Farming community, CSE, Urban street Gangs. Each thematic strand has a lead officer, with all information being captured on a monthly basis. Police are working closely with, HMRC, Border Control Force and other

Page 191 of 202 partners at an operational level to maximise joint operational effectiveness. The police use social media to inform communities of activities within the area, and also LCAP’s to sought community intelligence. Local Assessment Process review to identify extent LAP review took place September 2016, where the £2000 SCP CBC TBC 5 of the gangs issue for Colchester and key areas of interview team spoke to over 60 practitioners from a (15-16 C/F) focus for gangs activity range of Organisations. There were 8 recommendations made which included, Information sharing, Safeguarding and Awareness training. A full copy of LAP review is available upon request. SCP ‘Hidden Harms’ event to deliver awareness on Event took place 30th November 2016 at Town Hall, £5000 SCP CBC Dec 5, 6 emerging themes of gangs, modern slavery, CSE and with 111 professionals from 34 Organisations. (from 16-17 2016 DHR recommendations Subjects that were covered were, Gangs, Modern PCC funds) Slavery, Child sexual exploitation and Domestic homicide reviews. Promote and support the ‘I Didn’t Know’ CSE Work with Licensing to deliver to taxi drivers. Also N/A CBC 5,6,7 campaign promote at Hidden Harms conference. Promote and deliver the J9 campaign in Colchester – J9 training delivered to multi-agency in March 2016 CDAF CBC 3,6 provide DA advice points within shops / premises in hence Colchester has now launched the scheme. funding to Colchester Further training to take place in new financial year to cover cost encourage sign up of further premises. of 1 training session and directories Recruit Community Safety Support Officer (gangs Community Safety Support Worker recruited in DWP CBC 2,5,6 worker) to work with those individuals deemed as January 17 for 12 months to work with vulnerable funded vulnerable / at risk of being coerced into gangs adults at risk of criminal gang exploitation. activity / cuckooing or those wanting to exit gangs

KEY PRIORITY 2: TO REDUCE REOFFENDING 3

Page 192 of 202 (KP LEAD: ESSEX CRC - COMMUNITY REHABILITATION COMPANY LIMITED) This priority will deliver jointly agreed initiatives and interventions to effectively reduce reoffending. It will also support and develop the Integrated Offender Management Scheme to focus activity on those individuals responsible for causing the most harm in communities. OBJECTIVE PROGRESS / OUTPUT FUNDING PROJECT END PCC LEAD / DATE PRIORI AGENCY TY IOM Statutory duty for all CSP’s. IOM provides a fully No 16/17 stats available from Probation N/A CRC / NPS Ongoing integrated, sustainable multi-agency approach to offender management. DRIVE PERPETRATOR PROGRAMME aimed at The DRIVE Domestic Abuse Perpetrator pilot began N/A Drive January 3,6 ‘Priority Perpetrators’ who are not yet part of the CJS. in Colchester in January 2016. The programme is to Steering 2019 This is a behaviour change programme work with priority perpetrators who are not yet part of Group the Criminal Justice System. As of October 2016 the DRIVE project had 40 cases for Colchester.

Page 193 of 202 Improve access to psychological therapies KEYand PRIORITYMeeting to3: TObe ADDRESSarranged ALCOHOLwith MH &services DRUG MISUSEto CCG Ongoing mental health services for people with Drug and understand criteria(KP LEAD: and ESSEX explore CCG) ways that more AlcoholThis priority problems will support projects and initiatives that canpeople address can alcohol be supported and drug abuse (including legal highs) in the borough throughout both the night time and day time economies alongside working in partnership to encourage behaviour change. OBJECTIVE PROGRESS / OUTPUT FUNDING PROJECT END PCC LEAD / DATE PRIORITY AGENCY Working with partners to identify individuals who are High intensity user programme place, we have CCG April 2,6 high intensity users of services and develop recently recruited to a coordinator post. A multi- 2017 packages of care and support around them disciplinary team lead by a local GP meet on a monthly basis and consider data provided by CHUFT and the ambulance service. Evaluation of impact underway.

A more in depth audit is being undertaken into 5 patients that have been HIU’s to establish what each individual had in place to support them and what could have been done to support them more comprehensive. Information is being shared across organisations to establish a clear picture. Outcomes will be fed into the A&E recovery plan Work with primary care to support: Reduction in prescribing TBC CCG April 6 the reduction of individuals addicted to prescription GP education package 2017 drugs Explore options for re launching ‘Benzo clinics’ the reduction of prescription drugs available on the street Working with partners to reduce the number of Benzo clinics are no longer planned however there CCG April 6 people that reach crisis point and come into has been proactive visiting to GP surgeries that are 2017 hospital to detox outlier with the sorts and number so of drugs that they prescribe that have a street value. Data is being shared between health and the police to have an integrated approach. Early indications for reducing prescribing such medicines are positive. A medicines strategy has been developed and was presented to the CCG board on 31. January Work with CSP to engage health and social care in Creating opportunities for positive dialogue and CCG / CRC April 2,6 supporting the terms of probation plan. understanding of partners responsibility in individuals 2017 probation plans

Page 194 of 202 Psychoactive (legal/illegal) Highs Awareness – CCG colleague/s to attend some awareness before CCG Mar campaign / web campaign? agreeing on how to deliver awareness to wider 2017 Reduce street drinking - Street Drinkers Task & Group started in June 2016 to look at tackling the CBC / Ongoing 2 Finish Group set up – lead by Beacon House to tackle issues of street drinking (enforcement, campaigns, Beacon the issue and feed back to SCOG support, and awareness). This group to be extended to House include the remit of begging, rough sleeping and homelessness The additional deployment of the SOS Bus for “A A total of 8 people attended the SOS bus on the 18th £586 SCP CSP/ Open Aug 1,2,7 level Thursday” 18th August (this date has been August, to receive medical treatment and/or support. (15-16 C/F Road 2016 identified as critical due to the increased number of 4 x 18-24 age range and 4 x 25-34 age range, this funds) young people in the town was split to 5 males and 3 females. Treatment / support analysis was 4 – medical reasons, 2 – drink related, 1 – drug related and 1 – mental health issue. As far as we can see, 4 people did not have to attend A&E as a result of medical treatment being provided on the SOS buss. Another 4 people were treated for other reasons for which an ambulance or paramedics would potentially have been called out. It’s likely that these alternatives would have cost substantially more than the overall cost of the SOS bus for the night. Share data to inform focus of which pubs and clubs CBC licensing & public health coordinator is working CCG Ongoing people are known to drink e.g. Police and NHS data with A&E, open road & phoenix trust to maximise to target licencing action from Borough council relevant data collection. KEY PRIORITY 4: TO REDUCE CRIME AND THE FEAR OF CRIME (KP LEAD: ESSEX POLICE) This priority seeks to address the emerging themes of modern slavery, gangs and extremism tackling both the volumes and severity of crimes occurring across the Borough, by promoting positive partnership working alongside engaging with local communities and vulnerable groups to develop and support prevention mechanisms and education of young people and vulnerable adults around issues of community safety. OBJECTIVE PROGRESS / OUTPUT FUNDING PROJECT END PCC LEAD / DATE PRIORITY AGENCY Modern Slavery / Human Trafficking awareness, Series of workshops planned by Essex Police starting N/A Essex Apr 2017 5, 6 education and enforcement programme to be March 2017 – Dec 2017 – further updates to be Police delivered to partners (via anti-slavery coordinator, provided in the 17-18 APP. Police) Gangs awareness programme to be delivered into 3 sessions successfully delivered into Gilberd, Philip TBC TBC Mar 5, 6 schools (i.e. Junior Smart or Paul Hannaford) Morant and NEEAPs in March 2017. 2017 6

Page 195 of 202 Create a multi-agency community safety Multi agency Community Safety Hub opened in £5911 SCP Police Oct 2016 1 partnership hub at Colchester Police Station to September 2016. Currently used by Police, CBC, (16-17 PCC focus on problem solving, crime prevention and mental Health and CBH. More agencies invited to funds) community enabling. work from the premises.

Deliver Crucial Crew event to provide information on Older Peoples Crucial Crew £800 SCP ECFRS Apr 2016 6 community safety issues and preventative activities Event took place 14th April 2016. 150 people funding (15- for older people. attended. 16 C/F funds) Younger Peoples Crucial Crew Event took place 6 – 17 June 1967 year 6 children £6000 SCP CBC June 6 Provide community safety advice and preventative from 61 schools attended Crucial Crew in June 2016. (16-17 PCC 2016 activities for all year 6 Colchester pupils 7 scenarios delivered – Drugs & Alcohol Awareness, funds) Fire Safety, Healthy Relationships, Road Safety, Partners who delivered a scenario were – Health, ECFRS, Colchester & Tendring Women’s Refuge, Essex Highways, Only Cowards Carry, CBH & Essex Police Deliver 2 Community Days Of Action (CDoA) East Donyland CDoA event successfully took place £1000 SCP CBC March 1, 7 events per year (March & Septembers) in areas 7th October 2016, with 23 agencies and over 60 (16-17 PCC 2017 submitted by Community Groups volunteers taking part. Top 4 issues identified funds) highways/speeding, dogs, ASB and street cleanliness. Enforcement operations carried out during the day, alongside community engagement. A second event has not yet taken place due to a review of the CDoA project. 2 Safer Colchester legacy Projects to follow on from Community Safety Projects Assistant was on hand to £1000 SCP CBC June the CDoA events in order to enable the community to offer help, guidance and support on both legacy (from 16-17 2017 areas, following the Community Days of Action events PCC funds) taking place (Greenstead March 2016 and East Donyland October 2016). Secure planting activities took place, in order to assist residents to make their properties less attractive to burglars. Other activities included dog fouling, parking and speeding patrols as well as dog chipping events and community engagement to reduce the fear of crime Local Community Action Panels Support of newly reformed 6 LCAPS from May 2016 £500 SCP CBC Apr 2017 1 – police attendance at 12 meetings per year

Page 196 of 202 Continue to maintain and support 6 L-CAPS across (from 16-17 the Borough and encourage community participation PCC funds) Create a SCP Website to be used as a one stop shop Website launched 30th May 2016 and receives £2650 SCP SCP/CBC May for information and advice for residents, visitors and constant monitoring via SCP Community Safety Team (from 16-17 2016 businesses PCC funds) NTE Licensing Conference aimed at the trade and Essex Police event took Nil cost to Essex Sept key partners, to forge those collaborative place in July 2016. SCP Police 2016 relationships. Tackle the issue of begging / aggressive begging / Week of action from 31/10/16 including multi agency rough sleeping in town centre patrols to approach the beggars/rough sleepers, advise them to move on and offer appropriate support. Patrols to continue to engage/gather information re the rough sleepers. Working group set up to consider future enforcement action (CPN’s) and campaign to make public aware (your kindness kills or alternative begging scheme)

KEY PRIORITY 5: TO ADDRESS EVENING & NIGHT TIME ECONOMY CRIME (KP LEAD: PURPLE FLAG WORKING GROUP) This priority will address five themes affecting the evening and night time economy which are core to Purple Flag accreditation; wellbeing, movement, place, policy envelope – effectively managing these four themes improves the likelihood of the fifth theme; appeal, being achieved by making Colchester a much more attractive place to visit after dark OBJECTIVE PROGRESS / OUTPUT FUNDING PROJECT END PCC LEAD / DATE PRIORITY AGENCY Retain Purple Flag accreditation for the Town Centre Light Touch Assessment took place 14 October 2016. Various CBC Oct 2016 4 Accreditation retained as of February 2017. Officially recognise Purple Flag at strategic level at Incorporated into CSP Plan 2016/17 na CBC Oct 2016 4 RASG Develop a Purple Flag action Developed and ongoing Various PF Working Oct 2016 4 plan Grp SCP to support the Purple Flag Weekend Support secured NHB SCP Oct 2016 4 allocation

Page 197 of 202 Support application to the LAAA (Local Alcohol Area Application submitted 18 Nov 2016 - Colchester N/A CBC Action) Phase 2 – deliver action plan successfully chosen as phase 2 area in February 2017. Operation Lynx - using passive dogs to detect cocaine Delivered in December 2016 – Drug and alcohol N/A Police & 5 – reduce incidents of drug related crime. related violent crime significantly reduced – 1 incident CBC on busiest date of the year Licensing NTE Forum to be held 28/3/17 to raise awareness to Conference was due to take place 28th Match 2017 SCP bid CBC March those working in NTE of current police issues (modern however had to be postponed to June 2017 – update Licensing & 2017 slavery, terrorism, gangs, drug & alcohol linked to to be provided in 17-18 APP CS & violent crime, former legal highs, drink spiking & Pubwatch general compliance to ensure attendees are well informed and have a mechanism to report concerns. Also aimed to build relationships & trust

Page 198 of 202 7 Policing Priority Areas – (draft) Police and Crime Plan 2016 – 2020: Essex Police Plan on a Page (May 2016) Priorities: 1. More local, visible and accessible policing 1. Child abuse and exploitation 2. Crack down on Anti-Social Behaviour 2. Immigration and modern slavery 3. Be tough on domestic abuse 3. Domestic abuse 4. Reverse the trend in serious violence 4. Urban street gangs and related violence / vulnerability 5. Tackle gangs and organised crime 5. OCG Criminality 6. Protect children and vulnerable people from harm 6. Counter terrorism and domestic extremism 7. Improve safety on our roads 7. Digital crime 8. Dwelling burglary 9. Violence with injury 10. Repeat high harm ASB

GLOSSARY Abbreviation Description Abbreviation Description ACE Anglian Community Enterprise ASB Anti-Social Behaviour CBC Colchester Borough Council CBH Colchester Borough Homes CCG Clinical Commissioning Group CCVS Colchester Community Voluntary Services CDoA Community Day of Action CJS Criminal Justice System CRC Community Rehabilitation Company CSE Child Sex Exploitation CSP Community Safety Partnership DA Domestic Abuse DHR Domestic Homicide Review ECFRS Essex County Fire & Rescue Service IOM Integrated Offender Management L-CAPS Local Community Action Panels NPS National Probation Service NTE Night Time Economy OCG Organised Crime Groups PCC Police and Crime Commissioner SCOG Safer Colchester Operational Group SCP Safer Colchester Partnership

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Page 200 of 202 Agenda item 12(ii) PETITIONS, PUBLIC STATEMENTS, QUESTIONS

(i) Have Your Say speakers

Date of Details of Member s of Subject Matter Form of Response Date Meeting the Public Completed

Council Ken Jones Congratulations to the Comments acknowledged at the 24 May 2017 24 May 2017 Mayor meeting

(ii) Petitions

Date petition Date Lead Petitioner Subject Matter Form of Response received Completed

No valid petitions received in this period

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