Committee Ref

COMMITTEE REF:

ADM®C/07/19

NOTICE OF MEETING

COMMITTEE : ADMINISTRATION AND REGULATION COMMITTEE

DATE : WEDNESDAY, 17 JULY 2019

TIME : 18:00

PLACE : COMMITTEE ROOM 3 TOWN HALL, LUTON, LU1 2BQ

COUNCILLORS : AKBAR (CHAIR) LOVELL HOPKINS (VICE-CHAIR) MEAD ABID WYNN ADREES VACANCY

QUORUM : 3 MEMBERS

Contact Officer: Bert Siong (01582 546781)

INFORMATION FOR THE PUBLIC

PURPOSE: Administration functions: the Committee deals with all matters relating to elections and referendums, civic and ceremonial activities, Bye-laws, the Local Government Pension Scheme, any change in the name of the Borough or the Council, conferring the Freedom of the Borough and the appointment of representatives to outside organisations relating to the Committee's work.

Regulation functions: the Committee deals with matters relating to contaminated land, pollution control, statutory nuisances, the control of street litter under the Environmental Protection Act 1990, the registration of births, deaths and marriages, Health and Safety at Work legislation and the formulation of policy guidance on all aspects of the Council's licensing functions.

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This meeting is open to the public and you are welcome to attend.

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IN PERSON, 9 am to 5 pm, Monday to Friday, or

 CALL the Contact Officer (shown above).

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If you would like us to arrange this for you, please call the above Contact Officer.

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AGENDA

Agenda Subject Page Item No.

EMERGENCY EVACUATION PROCEDURE

Committee Rooms 1, 2, 4 & Council Chamber: Turn left, follow the green emergency exit signs to the main town hall entrance and proceed to the assembly point at St George's Square.

Committee Room 3: Proceed straight ahead through the double doors, follow the green emergency exit signs to the main Town Hall entrance and proceed to the assembly point at St George's Square.

1 APOLOGIES FOR ABSENCE

2 MINUTES

1. 19th June 2019 4 - 10

3 SECTION 106, LOCAL GOVERNMENT FINANCE ACT 1992 Those item(s) on the Agenda affected by Section 106 of the Local Government Finance Act 1992 will be identified at the meeting. Any Members so affected is reminded that (s)he should disclose the fact and refrain from voting on those item(s).

4 DISCLOSURES OF INTEREST

Members are reminded that they must disclose both the existence and nature of any disclosable pecuniary interest and any personal interest that they have in any matter to be considered at the meeting unless the interest is a sensitive interest in which event they need not disclose the nature of the interest.

A member with a disclosable pecuniary interest must not further participate in any discussion of, vote on, or take any executive steps in relation to the item of business.

A member with a personal interest, 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 member’s judgment of the public interest, must similarly not participate in any discussion of, vote on, or take any executive steps in relation to the item of business.

Disclosable pecuniary interests and Personal Interests are defined in the Council’s Code of Conduct for Members and Co-opted members.

Page 2 of 126 5 URGENT BUSINESS The Chair to report on any business which is considered to be urgent and which should be discussed at the meeting in accordance with Section 100B(4)(b) of the Local Government Act 1972 and to determine when, during the meeting, any such business should be discussed.

6 REFERENCES FROM COMMITTEES AND OTHER BODIES

REPORTS

7. Addition of a section of path at Langley Place to 11 - 83 the Definitive Map and Statement (Report of the Service Director, Planning & Economic Growth)

8 Re-alignment of Service Director Posts 84 - 112 (Report of the Chief Executive)

9 Catering and Finance Organisational Assessment 113 - 121 (Report of Atika Chowdhury, Senior Accountant)

10 Administration and Regulation Committee Work 122 - 126 Programme 2019 (Report of the Service Director, HR and Monitoring Officer)

11 LOCAL GOVERNMENT ACT 1972, PART VA To consider whether to pass a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting during consideration of any item listed above if it is likely that if members of the public were present during those items there would be disclosure to them of exempt information falling within the Paragraphs of Part 1 of Schedule 12A to the Local Government Act 1972.

Page 3 of 126 AGENDA ITEM

2.1

ADMINISTRATION AND REGULATION COMMITTEE

19th June 2019 AT 6.00 P.M.

PRESENT: Councillors Akbar (Chair), Hopkins (Vice Chair), Abid, Adrees, Lovell, Mead and Wynn.

38. APOLOGIES FOR ABSENCE (REF: 1)

An apology for absence from the meeting was received on behalf of Councillor Garrett.

39 MINUTES (REF: 2.1 & 2.2)

Resolved: That the minutes of the meetings held on the 1st April 2019 and 21st May 2019 be approved as a true and correct record of the meetings and the Chair be authorised to sign them.

40. ADDITION OF A SECTION OF PATH AT LANGLEY PLACE TO THE DEFINITIVE MAP AND STATEMENT (REF: 7)

The Strategic Policy Adviser presented the report (Ref: 7) which sought the Committees authority to proceed with the legislative process in order to add a section of path at Langley Place to the Definitive Map and Statement.

Members were advised that previous reports on 29 November 2018 and 29 January 2019 had been previously considered and deferred due to legal issues identified regarding the possibility of a pre-action protocol for judicial review. A letter had been received on 12th April 2019 from Bevan Brittan lawyers for private and third sectors attached as Appendix B to the report (Ref 7) which sets out the intention for judicial review following actions taken by this Committee. The cost of the pre-action could be costly to the Council and the reason why the report was brought before the Committee.

The Service Director, HR and Monitoring Officer advised the Committee that due to new membership on the committee some background information would be helpful for the Committee.

The Strategic Policy Adviser further advised that the developer received permission under permitted development rights to convert one of the commercial units in Albert Road into residential units and following that permission the developer approached the council to extend the path from the estate up to the hill. Historical records show Langley Path was a public path right of way and paperwork show the Council sold that area of land back in 1939/40 and that information was presented in previous reports to the committee including Page 4 of 126 information on the sale of land. The industrial estate was constructed in late 1970s and there are photos to show this. The key messages from previous report submitted in November 2018 and January 2019 are:

a) Langley Path is a public path right of way and there is no stop-up order that can be found to refute this; b) information obtained from land registry show the land was sold in the late 1930/40s c) No records can be found to show the path was stopped-up when the land was sold or transferred.

Appendix A to the report shows the area referred to and the frontage to the pub is the area where the path use to be. The Pub does not own the land from the existing highway down to the industrial estate.

The Planning Solicitor provided the Committee with the legal perspective adding the area of land referred to in the report is a public right of way and papers submitted to subsequent meeting of the Committee clearly show it as highway land. The land outside the red area in Appendix A was not relevant to the decision in terms of development and land that is deemed as highway cannot be built upon. There is a legal term often referred to which is ‘adverse possession’ but this is not applicant to this; the only way you can remove highway rights is through a stop-up order which there is no paperwork to substantiate one had ever been given therefore the Committee have one option to confirm the path as highways and follow the council procedure in accordance to the definitive map and statement and publish the relevant public notices in the papers.

Members debated the issue at length and;

Resolved: (i)That the report be deferred to the next meeting on 17th July 2019 and the Officer be requested to include previous reports (29th November 2018 and 29th January 2019) and minutes and evidence of the stopped up order mentioned at the meeting (19th June) in order for the Committee to make an informed decision based on all the evidence before them.

[Note: Councillor Hopkins withdrew her personal interest declared at previous meetings stating she has no personal association to anybody in that area.]

41. PUBLIC PROTECTION ADMINISTRATION STAFF RESTRUCTURE (REF: 8)

The Strategic Regulatory Manager Public Protection presented the report (Ref 8) on the public protection administration staff restructure which sought approval to implement the proposed changes to ensure the integrated and efficient deployment of administration and support roles within the division.

Members were informed that all affected staff would transfer within their existing roles limiting the need for redundancies. In January 2019 Public Protection undertook a significant restructure which had been approved by the Committee to re-align and create a new model of working relating to enforcement and regulation. The restructure highlighted the need to restructure the Neighbourhood Regulatory Services.

Page 5 of 126 Public protection carries out a wide range of services such as trading support team, neighbourhood case support team and parking services which require a variety of administration and support roles to facilitate the work of the department.

Following feedback from the consultation with affected staff and stakeholders it became apparent that some existing work relations with trade waste, clinical waste and special collection needed to be continued and the proposals were amended to reflect the continuation of these duties within an ‘internal trading’ arrangement and the job description relating to the business and trading officer role was also amended.

The Committee considered the following proposals:

 Creation of a business & support officer (L6) to provide lead coordination of the trading support unit;  Creation of support officer roles (L3) (2.6 fte) to be allocated within either the trading support team or the neighbourhood case support team dependent on demand levels;  Creation of an additional Neighbourhood Case Support Officer post (L4) to increase staff provision within the case support function;  Creation of an additional Parking Services Officer post (L3-5 career progression) to enable the transfer of processing work relating to abandoned vehicles to the processing team.  The post deletion of the 7.04 posts set out in the OCA

Resolved: (i) That the Committee approved the:

(a) restructure of Public Protection Administration Staff as set out in the OCA attached at Appendix A to the report (Ref 8). (b) deletion of 7.04 posts as detailed in the OCA attached at Appendix A to the report (Ref 8). (c) creation of 5.6 posts as detailed in the OCA attached at Appendix A to the report (Ref 8).

42. APPOINTMENT OF THE ELECTORAL REGISTRATION OFFICER AND RETURNING OFFICER (REF: 9)

The Interim Service Director, Policy Communities and Engagement presented the report (Ref 9) on the appointment of Electoral Registration Officer and Returning Officer for Local Government Elections which sought approval to appoint an Electoral Registration Officer in accordance with Section 8(2)(a) of the Representation of the People Act 1983 and a Returning Officer for Local Government Elections in accordance with Section 35 of the Representation of People Act 1983.

The Committee was advised the Council has duty to appoint an officer as the Electoral Registration Officer (ERO) for each constituencies situated within the Borough. The Electoral Registration Officer for each parliamentary constituency automatically assumes the role of Acting Returning Officer at a Parliamentary Election.

Page 6 of 126 The Council also has a duty to appoint an officer as the Returning Officer for Local Government Elections.

The interim Chief Executive was previously appointed to both roles up to the 31st May 2019 to ensure continuity in delivering the elections held on 2nd and 23rd May 2019. It had now become necessary to appoint the Council’s permanent Chief Executive to these roles.

Resolved: That the appointment of the Chief Executive as the Electoral Registration Officer and the Returning Officer for Local Government Elections with immediate effect be approved.

43. APPOINTMENT OF STATUTORY SCRUTINY OFFICER (REF: 10)

The Interim Service Director, Policy Communities and Engagement presented the report (Ref 10) which sought approval to recommend to Council the temporary appoint of a Statutory Scrutiny Officer in accordance with the requirements of the Local Democracy, Economic Development and Construction Act 2009.

The Committee was advised that the Statutory Scrutiny Officer position was introduced in the 2009 Act as an officer of the council with responsibility for promoting the role of the overview and scrutiny.

The role of Statutory Scrutiny Officer cannot be the authority’s Head of Paid Service, Monitoring Officer or Chief Finance Officer (S. 151).

Other councils take a different approach as to who they designate as their Statutory Scrutiny Officer with some choosing a Chief Officer within the department in which scrutiny resides. Others chose a most senior person in the authority with day to day responsibility for providing support to the scrutiny function. At Luton the Statutory Scrutiny Officer role has been designated to the Service Director, Policy Communities and Engagement who had recently been appointed to the role of Interim Corporate Director, Customer and Commercial and warrants a new appointment to the Statutory Scrutiny Officer position to ensure the role continues to be delivered seamlessly.

The role of Service Director, Policy Communities and Engagement is currently filled on an interim basis and in order to maintain continuity in the scrutiny function and propose that the position be filled on a temporary basis to the Democracy Manager as the most senior person in the authority with day to day responsibility to providing support to the scrutiny function.

Resolved: That Council be recommended at their meeting on 30th July 2019 to appoint the Democracy Manager as the Council’s Statutory Scrutiny Officer on a temporary basis with immediate effect up to 31 March 2020.

Page 7 of 126 44. CREATION OF A POST OF CORPORATE DIRECTOR AIRPORT AND CONSEQUENTIAL TRANSFERS (SENIOR MANAGEMENT STRUCTURE PHASE 1) (REF:11)

The Chief Executive presented the report (Ref 11) which sought approval to amend the Senior Management Structure of the council to include an additional post of Corporate Director, Airport to head up an additional department within the Council to deal with matters relating to the Airport and other consequent matters.

He further advised that LLAL with the support of the Council, and had earmarked on an ambitious multi-million-pound development programme which includes: the LLAL DART to improve customer experience and encourage more people to travel to the airport. The multi-million-pound development programme would create new jobs and opportunities for new businesses at the Century Park and Bartlett Square sites; and the launch of the company’s vision for sustainable growth from 2020 to 2050 to increase passenger capacity at the airport to 38 million per annum. That passenger footfall would make an enormous contribution to the economic regeneration of Luton and achieve the objectives in the Luton Investment Framework.

The proposals are set out below:

 To create a new post of Corporate Director, Airport reporting to the Chief Executive. The job description and person specification is set out at Appendix B to the report (Ref 11).

The reasons for the post creation are:

 London Luton Airport is the single largest asset in which the Council has an interest;  Passenger growth had grown from under 10 million to 17 million since 2012 due mainly to initiatives such as the growth incentive scheme promoted by the LLAL team  Passenger growth has increased the value of the airport to £1.5bn to UK GDP creating 30,800 jobs in 2015

Consultation took place with affected staff, the Leaders of the political group on the council, trade unions and other key stakeholders. No redundancies were proposed and there were no deletions of existing posts except for the post of Commercial Manager (LLAL) graded M7 a post which had remained vacant since 2018 to work within the LLAL managing contacts and other commercial arrangements.

The cost of the post will be fully met by LLAL with no call upon the council’s budget. Provision has already been made for this within the LLAL budget with additional services to be purchased from the Council and it is anticipated that the company will be able to make significant reduction in the amount spent on external advice as a result of the appointment.

Page 8 of 126 Resolved: (i) That the creation of a post of Corporate Director, Airport and the transfer of the existing post of Service Director, LLAL from the department of Place and Infrastructure to that of the Airport be approved.

(ii) That the existing post of Service Director, Transformation and Technology be transferred from the Chief Executive’s Department to that of Customer and Commercial be approved;

(iii) That the report be recommend to Council at its meeting on 30th July 2019 for approval and the Service Director, HR and Monitoring Officer be authorised to amend Part 19 of the Council Constitution (Management Structure) and to make any necessary consequential change thereto.

45. LUTON MUSIC SERVICE YOUTH ORCHESTRA (REF: 12)

The Music Service Manager presented the report (Ref 12) which sought approval to make changes to the out of school orchestral provision to prevent duplication and to deliver budget savings.

The Committee was informed that since 1999 the government’s Music Standards Fund had been set up. Luton music service (LMS) was generously funded by central government and Luton Council and these levels of funding had been maintained with further increases following the 2008 Comprehensive Spending Review. The total outturn budget for LMS in 2010/11 was around £1.34m of which £246k (18%) was earned income leaving LMS 82% dependent on government funding streams.

An OCA of the school provision was carried out in 2013/14 that resulted in the deletion of 6.35 posts which was achieved through redundancy and retirement. A new structure was implemented linking the cost of lessons to the full cost recovery rate for the service and type and length of lesson. A new menu system of choosing out of school activities was implemented in September 2018 to give parents more choice and to allow them the opportunity to pay for the number of sessions attended rather than a blanket fee.

One of the out of school activities on Wednesday evening is no longer financially viable due to the number of children attending the group had fallen significantly over the past five years. The staff ratio to student is now too high. There are four members of staff, three are contracted on another evening during the week and one is not.

It is proposed to offer the same activity at the Saturday morning school where the current students will be able to participate and there will be sufficient contracted staff to cover the session.

The proposal from the music service is to delete the Wednesday evening post and reduce hours of three posts by 2 hours each.

Due to the small number of employees affected and to protect individual confidentiality an IIA was not attached to the report but there were no noticeable impact on people sharing a characteristic.

Page 9 of 126 The three staff affected hours will be reduced by 2 hours per week from their current contract and will receive pay protection and one member of staff would be made redundant. Consultation took place between 23 April and 23 May 2019 and no alternative proposals were put forward.

Resolved: (i) That the reduction in staffing hours and post deletion as outlined in section 5 of the report (Ref 12) be approved.

[Note: Councillor Wynn requested his objection to the recommendation be recorded in the minutes.]

46. ADMINISTRATION AND REGULATION COMMITTEE WORK PROGRAMME 2019-20 (REF: 13) The Service Director HR and Monitoring Officer presented the report (Ref 13) which requested the Committee to plan and determine its work programme for the year.

Resolved: (i) That the items scheduled for the meeting on 17th July 2019 be noted.

(ii) That the Langley Path item (Ref 7) be deferred to next meeting on 17th July 2019 and the Officer be requested to submit a report and presentation to include all previous reports and minutes considered by the committee and information relating to the stopped-up order mentioned at the meeting to enable Members to make an informed decision.

(The meeting ended at 7.10pm)

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AGENDA ITEM

COMMITTEE: Administration & Regulation Committee

DATE: 17th July 2019

SUBJECT: Addition of a section of path at Langley Place to the Definitive Map and Statement

REPORT BY: Service Director, Planning & Economic Growth

CONTACT OFFICER: Keith Dove, Strategic Policy Adviser

IMPLICATIONS:

LEGAL x COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL x CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: South

PURPOSE

1. To request authority to carry out the legislative process in order to add a section of path at Langley Place to the Definitive Map and Statement.

2. Committee is recommended to authorise Legal Services to undertake the process pursuant to the Wildlife and Countryside Act 1981 and all other enabling powers, in order to add a section of path at Langley Place as shown cross hatched on the plan at Appendix 1, to the Definitive Map and Statement

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BACKGROUND

3. At its meeting on 29th November 2018 the Committee considered a report with the same recommendation as above. A copy of that report and the appendices to it are included at Appendix 2 to this report and the advice/recommendation therein remains the same notwithstanding this update.

4. At that meeting, Members allowed the Developer of the site and the landlord of the Sugar Loaf pub to address the Committee. Further details of the issues each of them raised, together with points raised by the Committee, are recorded in the minutes of the meeting (see Appendix 3). Furthermore, as recorded in those Minutes of its meeting on 29th November 2018, Members Resolved: ‘Having considered the officer’s report and the representations made by Cllr Castleman, Barrie Morris, for the Developer and owner of the Telmere Industrial Estate and Gerald Duggan, the Landlord of the Sugar Loaf pub, Committee decided there was insufficient information on which to make a decision and therefore deferred consideration of the matter, pending provision of further information, legal advice, including case law and custom and practice and a site visit.’

5. Consequently, at its meeting on 29th January 2019, the Committee considered a report (see Appendix 4) with the same recommendation as above which, as reflected in the Resolution of the previous meeting, provided legal advice and further information on: - the stopping up of Langley Place; - whether alternative means of access could be provided to the Developer’s site; and - the layout of the pub entrance.

6. There were three appendices to that report: - Appendix 1 included a letter from the Developer’s legal adviser in response to the reasons for the November deferral (note at the time of writing no further information has been received from the landlord or the owners of the pub). - Appendix 2 to that report included ownership information relating to the pub and its garden area. - Appendix 3 to that report included the November report and the same historical evidence on the existence of a path at Langley Place that was presented at the previous meeting held on 29th November 2018.

7. The site visit took place on 22nd January 2019, after the publication of the report to the meeting of 29th January, and was attended by the Chair and Vice-Chair along with representatives of the Developer and the Sugar Loaf pub. Member’s observations on the outcome of the site visit are therefore recorded in the minutes of the meeting on 29th January 2019, along with

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extensive legal advice provided by the Council’s Solicitor at the meeting(see Appendix 5).

8. Legal advice has been consistently provided in all of the previous reports on this matter brought to this Committee in terms of: 1) the Council’s Duty to produce a Definitive Map and Statement (DM&S) of Public Rights of Way (as required by the National Parks & Access to the Countryside Act 1949 Act and Section 55(3) of the Wildlife and Countryside Act 1981), 2) the requirement to keep that DM&S under review (as required by Section 53 of the Wildlife and Countryside Act 1981), and 3) the recommendation to add this section of Langley Place to the DM&S based on the evidence received. This advice was set out in paragraphs 3-11 of the report to the 29th November 2018 meeting (Appendix 2), the “legal advice” heading to the report of 29th January 2019 meeting (Appendix 4) and the bullet points in the penultimate paragraph of the “background” Section paragraph 5 of the 19th June 2019 report (Appendix 6).

9. The Committee decided at the January meeting not to add the section of Langley Place to the DM&S, as it considered that it was not in the spirit of the legislation, in particular as the purpose of Langley Place in question was only to serve the developer’s site (see Appendix 5).

10. The Council’s Solicitor had warned Members, as recorded in the minutes of the meeting on 29th January 2019, that the Developer could issue a High Court Judicial Review Challenge if it refused to add Langley Place to the DM&S. The reason for bringing a report back to the 19th June 2019 meeting of this Committee was because on 12th April 2019, the developer’s legal advisors sent a pre-action protocol letter to the Council as a pre-cursor to a Judicial Review of the Council’s decision of 29th January. A copy of that letter is included at Appendix B to the report of the last meeting (see Appendix 6) and the full reasons for returning to Committee are contained in paragraphs 7-13 to that June report.

th 11. At the last meeting on 19 June, Members of this Committee requested that a comprehensive report was brought back to this meeting, to include all previous reports and minutes, together with a presentation of the evidence concerning Rights of Way on Langley Place.

REPORT

Background to the development proposal

12. In May 2017, the Development Management service received a request for determination as to whether the prior approval of the Local Planning Authority was required under Part 3 Class O of the Town & Country Planning (General Permitted Development) Order 2015) (“GPDO”) to

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convert Unit 4 in the Telmere Industrial Estate in New Town to 12 bedsits. The decision subsequently made on 1st August 2017 was to grant prior approval subject to conditions, which have subsequently been satisfactorily discharged.

13. The Developer’s view is that it would be inappropriate that their development is accessed through the remaining units and circulatory space within the Telmere Industrial Estate. The developer has presented the Council with evidence of an historic path known as Langley Place which ran through the land now occupied by the industrial estate and connected with New Town Street. The path ran alongside the Sugar Loaf pub.

Historic evidence of Langley Place’s existence as a Right of Way

14. As recorded in the minutes of the meeting on 29th November (see Appendix 3), Councillor Castleman had queried why officers had not been able to provide evidence of the extinguishment of highway rights through Langley Place via a formal Stopping Up Order. Further requests have been made to both the Councils Legal and Land Charges administration teams. To date we have been unable to locate the Stopping Up Order and plans.

15. The presentation to this Committee of key historical evidence showing the existence of Langley Place as a right of way is therefore based on information contained in: th - Appendix 2 to the report of 29 November 2018 and th - the report to this Committee on 29 January 2019.

16. The plan on page 133 of Appendix 2 is an extract showing the length of Langley Place (coloured red) that according to the Councils records was extinguished when the industrial estate was built. Before the land was sold, this would have also led to numerous homes in Langley Place.

17. Coupled with, amongst others, the plans on pages 114 and 126 to Appendix 2, which continue to show Langley Place as it exists at the New Town junction; along with the plan on page 193 of the January report excluding from the sale the area of Langley Place in question; it is therefore reasonable to conclude that this section of Langley Place was not formally stopped up and therefore continues to be “highway” even if not currently used as such. If the Stopping Up Order could be found therefore, it is reasonable to assume that the stopping up of Langley Place would not have stopped up the area of Langley Place in question.

18. On the basis of the information contained in the presentation and previous reports on this matter to this Committee, your officers believe the evidence demonstrates the existence of a right of way over Langley Place which on the balance of probability is considered sufficient to fulfil the evidential

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threshold of Section 53 of the Wildlife and Countryside Act 1981. On this basis, irrespective of whether the section of Langley Place is currently in use as such or otherwise, the principle of “once a highway, always a highway” is applicable. Note too for the avoidance of doubt, motive, merit and current use of the area in question is not relevant.

19. The Council’s solicitor agrees with the above and is of the opinion that the previous decision made by this Committee would be quashed and the Council would be liable for the appellant’s costs which could run to tens of thousands of pounds if taken through the High Court process.

20. If quashed by the High Court, the matter would have to return to A&R Committee for a further decision as the Council has a duty to prepare a DM&S for Langley Place amongst other areas of highway within Luton, (referred to in previous reports as the “Excluded Area”), pursuant to section 55(3) of the 1981 Act. Consequently, taking no action to deal with this request is not considered to be an option as the Council could be compelled to act via a further Judicial Review.

21. Consequently, Committee approval is sought to formally add this section of Langley Place to the DM&S. The legislative procedure requires notices of the order to be served on the interests in the land, posted on the route and advertised in a local newspaper. If no objections are received, the order will be confirmed and a new DM&S for Langley Place created. However, if objections are made and not withdrawn, the Council will have to forward the order to the Secretary of State for Environment, Food and Rural Affairs who will determine whether it should be confirmed or not.

PROPOSAL/OPTION

22. Not to progress this based on the evidence supplied and coupled with the duty to prepare a DM&S for the Excluded Area could result in a legal challenge compelling the Council to do so, especially in light of the developer’s interest in developing Unit 4.

HUMAN RIGHTS AND CRIME AND DISORDER ACT - IMPLICATIONS

23. The recommendation notes the rights to respect for private and family life and protection of property but acknowledges and recognises the duties under Section 53 above. In addition there are not considered to be any crime and disorder implications arising but again the Section 53 duty is noted.

EQUALITY ACT 2010

24. There are no disproportionate effects on people with protected characteristics namely: age, sex, gender assignment, sexual orientation,

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disability, marriage/civil partnership, pregnancy/maternity, race, religion or belief, arising from this report.

APPENDICES

Appendix 1 Plan of the area to be added to Definitive Map and Statement

Appendix 2 Report to Administration and Regulation Committee on 29th November 2018

Appendix 3 Extract from Minutes of Administration and Regulation Committee on 29th November 2018

Appendix 4 Report to Administration and Regulation Committee on 29th January 2019

Appendix 5 Extract from Minutes of Administration and Regulation Committee on 29th January 2019

Appendix 6 Report to Administration and Regulation Committee on 19th June 2019

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D None

Page 16 of 126 Appendix 1

Page 17 of 126 Appendix 2

AGENDA ITEM

COMMITTEE: Administration & Regulation Committee

DATE: 29th November 2018

SUBJECT: Addition of a section of path at Langley Place to the Definitive Map and Statement.

REPORT BY: Service Director, Planning & Economic Growth

CONTACT OFFICER: Keith Dove, Strategic Policy Adviser

IMPLICATIONS:

LEGAL x COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL x CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: South

PURPOSE

To request authority to carry out the legislative process in order to add a section of path at Langley Place to the Definitive Map and Statement.

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RECOMMENDATION(S)

Committee is recommended to authorise Legal Services to undertake the process pursuant to the Wildlife and Countryside Act 1981 and all other enabling powers, in order to add a section of path at Langley Place as shown edged red on Figure 1 attached at Appendix A, to the Definitive Map and Statement

BACKGROUND

1. The Definitive Map and Statement for the Borough of Luton is our legal record of public rights of way.

2. The Definitive Map shows the legal status and routes of public footpaths, bridleways, restricted byways and byways open to all traffic (BOATs). The Definitive Map and Statement describes the route of each path, its position and width and any restrictions upon it.

3. The duty to survey and produce a Definitive Map and Statement describing public rights of way was first imposed by the National Parks and Access to the Countryside Act 1949. An ‘exceptions to survey’ was also set out in the 1949 Act which applied where it appeared to the Council that the area was so fully developed that it would be inexpedient to survey.

4. Luton was therefore excluded from the initial survey of public rights of way carried out by Bedfordshire County Council and therefore no Definitive Map was produced in respect of around 70% of (what is now) the Council’s administrative area (“the Excluded Area”). This remains the case today but does not prevent public rights from existing, as they may have been created in the past through legal processes or through long use by the public.

5. Since 1997 the Council has been the surveying authority with responsibility for preparing the Definitive Map and Statement.

6. The Excluded Area has to be surveyed and all rights of way added by the statutory cut-off date. 1st January 2026 has been pencilled in as the proposed cut-off date but will be subject to various exceptions enacted by the Deregulation Act 2015.

7. The Council commissioned a strategy to complete the Definitive Map and Statement published in 2015. (See background papers). The strategy advises that the Definitive Map must be kept under continuous review and that inactivity will not go unchallenged. The strategy sought to set out a methodology for updating the Definitive Map.

8. The Council’s second Rights of Way Improvement Plan (2016) (See background papers) also included a target for updating the Definitive Map.

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9. However the timescale to commence this work set out in the RoWIP Action Plan has slipped due to the significant amount of resource required to undertake this work which is currently unavailable.

10. Consequently the Excluded Area remains largely un-surveyed although some rights of way have been mapped on an ad hoc basis.

11. In the meantime the Council has a duty under Section 53 of the Countryside & Wildlife Act 1981 to keep the Definitive Map and Statement under continuous review, and make such modifications in consequence of the occurrence of, amongst other things, the discovery of evidence which shows that a right of way which is not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates.

REPORT

12. A Developer owns Unit 4 on the Albert Road Industrial Estate in New Town, (also known as Telmere Industrial Estate). The location of the premises is at the north end of the industrial estate and lies within the Excluded Area; its northern boundary is approximately 15 metres to the kerb-line of Newtown Street on the corner of the Sugar Loaf pub. The Council formerly owned the land on which the industrial estate is located but sold it in the 1940s. The industrial estate was developed in the 1980s.

13. In May 2017, the Development Management service received a request for determination as to whether the prior approval of the Local Planning Authority was required under Part 3 Class O of the Town & Country Planning (General Permitted Development) Order 2015) (“GPDO”) to convert Unit 4 to 12 bedsits. The decision subsequently made on 1st August 2017 was to grant prior approval subject to conditions reasonably related to the subject matter of the prior approval. Those conditions have subsequently been satisfactorily discharged and on that basis the commencement of development has been in a position to proceed.

14. In developing proposals for the development of this site, between December 2017 and Spring 2018, the Developer has taken the view that it would be inappropriate that their development is accessed through the remaining units and circulatory space within the Telmere Industrial Estate. A public right of way will improve the local environment for people living in the development.

15. To that end the developer has carried out some historical research and has presented the Council with evidence of an historic path known as Langley Place which ran through the land now occupied by the industrial estate and connected with New Town Street. The path ran alongside the Sugar Loaf pub.

Page 20 of 126

16. A copy of the evidence is appended to this report at Appendix B, and in your officer’s opinion demonstrates that a public right of way over Langley Place exists. Consequently, Committee approval is sought to formally add this section of Langley Place to the Definitive Map and Statement.

17. Meanwhile, the owner/occupier of the Sugar Loaf pub has enclosed a section of the path and are using it for storage and outdoor use, and initially claimed that this area of land is included within the Deeds of the pub

18. Following a conversation with Paul Clarke from a company who manage a portfolio of pubs that includes the Sugar Loaf, together with a subsequent enquiry from Gosschalks, a commercial property agent, about the status of Langley Place outside the pub, verbal confirmation has been received that this area is not identified as belonging to the Sugar Loaf. This is supported by the Land Registry plan and Office Copy entry attached at Appendix C, which shows the area coloured blue and thus falling outside the black boundary of the land owned and enclosed by the publican.

19. Note however, even if the land did fall within the ownership of the pub that such evidence would not be considered to counter the evidence received to date, alleging that the area is and remains a public right of way.

20. Note too the evidence attached has been redacted so as to exclude personal information. However the omitted detail is not considered paramount to the consideration of this report and evidence received.

21. The legislative procedure requires notices of the order to be served on the interests in the land, posted on the route and advertised in a local newspaper. If no objections are received, the order will be confirmed, and a new Definitive Map and Statement for Langley Place created. However, if objections are made and not withdrawn, the Council will have to forward the order to the Secretary of State for Environment, Food and Rural Affairs who will determine whether it should be confirmed or not.

PROPOSAL/OPTION

22. Not to progress this based on the evidence supplied could result in a legal challenge compelling the Council to do so, especially in light of the developer’s interest in developing Unit 4. Progressing this application does however run the risk that further applications will be received to map other areas of the Excluded Area where there are similar circumstances to this case, which will have to be considered by officers.

HUMAN RIGHTS AND CRIME AND DISORDER ACT - IMPLICATIONS

Page 21 of 126

EQUALITY ACT 2010

24. There are no disproportionate effects on people with protected characteristics namely: age, sex, gender assignment, sexual orientation, disability, marriage/civil partnership, pregnancy/maternity, race, religion or belief, arising from this report.

APPENDICES

Appendix A. Red edged plan of proposed land to be added to the Definitive Map and Statement.

Appendix B. Evidence of the historical existence of a path known as Langley Place.

Appendix C. Land Registry Plan and Office Copy Entry

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D

2015 Strategy. Luton Council’s second Rights of Way Improvement Plan (2016).

Page 22 of 126 Appendix 2A

Page 23 of 126 Appendix 2B

Page 24 of 126 Page 25 of 126 Page 26 of 126 Page 27 of 126 Page 28 of 126 Page 29 of 126 Page 30 of 126 Page 31 of 126 1900 map shows Langley Place and junction with New Town Street

Page 32 of 126 1922 map shows Langley Place and the junction with New Town Street

Page 33 of 126 Page 34 of 126 Page 35 of 126 Page 36 of 126 1938 map shows Langley Place and the junction with New Town Street

Page 37 of 126 1946 map shows remainder of Langley Place following sale of land

Page 38 of 126 Page 39 of 126 Roadsign on side of Sugar Loaf pub shows Langley Place

Page 40 of 126 HMLR registry plans of pub and corner land bought in December 1997 and our adjoining land bought in 2009. + extract of HMLR map showing “School Way” opposite

Note: Langley Place runs up to our boundary with no fenced off land shown on any maps but stops at the boundary as it had since 1939 sale Page 41 of 126

Map from council showing extinguised “footpath” within industrial estate (the land the council sold for development)

Also shows the unregistered land fenced off by publicPage house 42 of 126 behind 87a. Title Number : BD138521 This title is dealt with by HM Land Registry, Peterborough Office. The following extract contains information taken from the register of the above title number. A full copy of the register accompanies this document and you should read that in order to be sure that these brief details are complete. Neither this extract nor the full copy is an 'Official Copy' of the register. An official copy of the register is admissible in evidence in a court to the same extent as the original. A person is entitled to be indemnified by the registrar if he or she suffers loss by reason of a mistake in an official copy. This extract shows information current on 15 AUG 2017 at 10:20:24 and so does not take account of any application made after that time even if pending in HM Land Registry when this extract was issued.

Title Number : BD138521

Address of Property : 2 Telmere Industrial Estate, Albert Road, Luton (LU1 3QF)

Price Stated : Not Available

Registered Owner(s) : KOMBI SERVICES LIMITED (Co. Regn. No. 2753713) of Bathurst House, Bathurst Walk, Iver, Bucks.

Lender(s) : NATIONAL WESTMINSTER BANK PLC

Page 43 of 126 1 of 5 Title number BD138521 This is a copy of the register of the title number set out immediately below, showing the entries in the register on 15 AUG 2017 at 10:20:24. This copy does not take account of any application made after that time even if still pending in HM Land Registry when this copy was issued. This copy is not an 'Official Copy' of the register. An official copy of the register is admissible in evidence in a court to the same extent as the original. A person is entitled to be indemnified by the registrar if he or she suffers loss by reason of a mistake in an official copy. If you want to obtain an official copy, the HM Land Registry web site explains how to do this.

A: Property Register This register describes the land and estate comprised in the title. Except as mentioned below, the title includes any legal easements granted by the registered lease but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land. LUTON 1 (01.08.1988) The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being 2 Telmere Industrial Estate, Albert Road, Luton (LU1 3QF). 2 (01.08.1988) Short particulars of the lease(s) (or under-lease(s)) under which the land is held: Date : 21 April 1988 Term : 999 years from 21 April 1988 Rent : As therein mentioned Parties : (1) S.C.R.Limited (2) Herbert Edward Allen and Sheena Allen 3 There are excepted from the effect of registration all estates, rights, interests, powers and remedies arising upon, or by reason of, any dealing made in breach of the prohibition or restriction against dealings therewith inter vivos contained in the Lease. 4 The landlord's title is registered. 5 Unless otherwise mentioned the title includes any legal easements granted by the registered lease(s) but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.

B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 (09.01.1996) PROPRIETOR: KOMBI SERVICES LIMITED (Co. Regn. No. 2753713) of Bathurst House, Bathurst Walk, Iver, Bucks. 2 (09.01.1996) The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof. 3 (09.01.1996) The covenant implied under section 4(1)(b) of the Law of Property (Miscellaneous Provisions) Act 1994 in the disposition to the proprietor is modified.

Page 44 of 126 2 of 5 Title number BD138521 C: Charges Register This register contains any charges and other matters that affect the land. 1 A Conveyance of the freehold estate in the land in this title and other land dated 19 December 1979 made between (1) Roadline UK Limited (Vendor) and (2) The Council of the Borough of Luton (Council) contains covenants details of which are set out in the schedule of restrictive covenants hereto. 2 A Transfer of the freehold estate in the land in this title and other land dated 13 April 1981 made between (1) Luton Borough Council (Original Vendor) (2) Marshalls of Luton (Builders) Limited (Transferor) and (3) S.C.R.Limited (Transferee) contains covenants details of which are set out in the schedule of restrictive covenants hereto. 3 The land is subject to the following rights reserved by the Transfer dated 13 April 1981 referred to above:-

"Exceptions and Reservations

1. ALl rights of support and all other liberties privileges easements and quasi-easements rights benefits and advantages over the property now or hereafter enjoyed or intended to be enjoyed by any other part of the Estate or any nearby or other property now or in the future belonging to the Original Vendor or to the Transferor

2. THE right to the unimpeded access of lght and air over the property to the existing windows and openings on the Estate or any nearby or other property now or in the future belonging to the Original Vendor or to the Transferor

3. THE right of free and uninterrupted passage and running of water soil gas electricity and other services in and through the pipes wires cable ssewers gutters drains watercourses wires cables ducts conduits and other media upon through over or under the property and to the free and uninterrupted use of all water gas electricity telephone and other pipes wires cables sewers gutters drains watercourses ducts conduits and other media upon through over or under the property

4. SUCH rights of access to and entry upon the property as are necessary for the proper observance and performance of the covenants hereunder or under covenants relating to any other part of the Estate or any nearby or other property now or in the future belonging to the Original Vendor or to the Transferor

5. THE right at any time and for any purposes to execute works and erections upon or to build or rebuild or alter the Estate or any nearby or other property now or in the future belonging to the Original Vendor or to the Transferor in any manner whatsoever and to use or let the same for any purpose or otherwise deal therewith notwithstanding that the access of light or air to the property may be obstructed diminshed or interfered with and notwithstanding that the carrying out of such works as aforesaid in a reasonable and proper manner or such use letting or dealing as aofresaid may cause temporary noise obstruction disturbance annoyance or inconvenience to the Transferee in is occupations or use of the property

6. THE right in cases of emergency only of access to and entry into and upon the property (and particularly the land shown coloured yellow on the said plan annexed hereto) in pursuance of the arrangements for escape and access approved from time to time by the Local Fire Authority

7. THE right at all reasonable times and on giving due notice (except in case of emergency) to enter upon the property for the purpose of supporting repairing maintaining cleansing inspecting and renewing any building erected upon any adjoining land now or formerly comprised in the Estate and also if necessary the said pipes wires cables sewers gutters drains watercourses ducts and other media upon through over or under the property the Transferor or other the person or persons exercising such right doing as little damage as possible to the property and immediately making good any damage occasioned thereby" Page 45 of 126 3 of 5 Title number BD138521 C: Charges Register continued

NOTE: The land coloured yellow referred to is coloured yellow on the plan to the lease under which the land is held. 4 (09.01.1996) REGISTERED CHARGE dated 21 December 1995 to secure the moneys including the further advances therein mentioned. 5 (09.01.1996) Proprietor: NATIONAL WESTMINSTER BANK PLC (Co. Regn. No. 929027) of Manchester Securities Centre, P.O. Box 339, Floors 14 & 15, Lowry House, 17 Marble Street, Manchester, M60 2AH.

Schedule of restrictive covenants 1 The following are details of the covenants contained in the Conveyance dated 19 December 1979 referred to in the Charges Register:-

"The Council so as to bind the property hereby conveyed into whosesoever hands the same may come hereby covenants with the Vendor that the Council and those deriving title under it will not at any time during the period of fifty years from the date hereof use the property or any part thereof as a Road Transport Depot." 2 The following are details of the covenants contained in the Transfer dated 13 April 1981 referred to in the Charges Register:-

FOR the benefit and protection of the other Units and property comprised in the Transferor's Albert Road Industrial Estate (hereinafter called "the Estate") and each and every part thereof and with the intent to bind the property into whosesoever hands the same may come the Transferee hereby covenants with the Original Vendor and separately with the Transferor in manner set out in the Third Schedule

THE THIRD SCHEDULE

Covennants by the Transferee

1. TO pay a fair share and proportion (to be determined by the Surveyor for Marshalls (Albert Road) Management Limited) of the cost and expense from time to time of supporting repairing maintaining cleansing inspecting and renewing all such said pipes wires cables sewers gutters drains watercourses ducts conduits and other media the said Estate roadway and all roofs walls fences and other things the use of which is common to the property and the Estate or any nearby or other property

2. NOT to do anything upon the property which may make void or voidable the insurance of the property or any other property on the Estate against the insured perils or to do on the property anything which may render any increased or extra premium payable for such insurance and to comply with all requirements of the insurers of Fire Authorities as to fire precautions relating to the property and the Estate

3. NOT to permit any offensive effluent whatsoever to pass from the property into any sewer drain or watercourse

4. NOT to overload any part of the property or the supplies and services thereto

5. TO observe and perform any reasonable regulations the Transferor or Marshalls (Albert Road) Management Limited may from time to time publish for the efficient management of the Estate

6. NOT knowingly to permit any encroachment upon the propety or the acquisition of any new right to light passage drainage or other easement on over or under the property

......

8. NOT to use the property or any part or parts thereof as a transport depot Page 46 of 126 4 of 5 Title number BD138521 Schedule of restrictive covenants continued

9. NOT at any time to build or erect or permit any building or erection upon the land shown coloured yeloow on the said plan annexed hereto but to keep the same cultivated as garden ground free from weeds and clear of any obstruction that would prevent or hinder the same from being used as an emergency access

10. NOT to grant any Lease of the Property other than in a form previously approved by the Transferor

11. TO pay a fair share and proportion of the reasonable costs of management and other expenses (including the professional charges of Surveyors and Accountants) reasonably incurred from time to time by Marshalls (Albert Road) Management Limited

12. NOT to sell transfer lease or otherwise dispose of the propety or any part thereof without first procuring that such Purchaser Transferee Lessee or other future owner will apply for membership of Marshalls (Albert Road) Management Limited and will enter into a Deed of Covenant with Marshalls (Albert Road) Management Limited that such Purchser Transferee Lessee or other future owner will perform and observe the restictions and covenants in the Property and Charges Retister at H M Land Registry relating to the property"

NOTE: The land coloured yellow referred to in Clause (9) is shown coloured yellow on the plan to the lease under which the land is held.

End of register

Page 47 of 126 5 of 5 This is a copy of the title plan on 15 AUG 2017 at 10:20:24. This copy does not take account of any application made after that time even if still pending in HM Land Registry when this copy was issued.

This copy is not an 'Official Copy' of the title plan. An official copy of the title plan is admissible in evidence in a court to the same extent as the original. A person is entitled to be indemnified by the registrar if he or she suffers loss by reason of a mistake in an official copy. If you want to obtain an official copy, the HM Land Registry web site explains how to do this.

HM Land Registry endeavours to maintain high quality and scale accuracy of title plan images.The quality and accuracy of any print will depend on your printer, your computer and its print settings.This title plan shows the general position, not the exact line, of the boundaries. It may be subject to distortions in scale. Measurements scaled from this plan may not match measurements between the same points on the ground.

This title is dealt with by HM Land Registry, Peterborough Office.

© Crown Copyright. Produced by HM Land Registry. Further reproductionPage in whole 48 or of in 126 part is prohibited without the prior written permission of Ordnance Survey. Licence Number 100026316. This is a copy of the title plan on 11 SEP 2017 at 17:01:12. This copy does not take account of any application made after that time even if still pending in HM Land Registry when this copy was issued.

This title is dealt with by HM Land Registry, Peterborough Office.

© Crown Copyright. Produced by HM Land Registry. Further reproductionPage in whole 49 or of in 126 part is prohibited without the prior written permission of Ordnance Survey. Licence Number 100026316. Appendix 2C HM Land Registry

Official copy Title number BD185122 Edition date 20.05.2009 This official copy shows the entries on the register of title on of register of 14 NOV 2018 at 17:43:59. This date must be quoted as the "search from date" in any title official search application based on this copy. The date at the beginning of an entry is the date on which the entry was made in the register. Issued on 14 Nov 2018. Under s.67 of the Land Registration Act 2002, this copy is admissible in evidence to the same extent as the original. This title is dealt with by HM Land Registry, Peterborough Office.

A: Property Register This register describes the land and estate comprised in the title.

LUTON 1 (20.10.1994) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being 98 New Town Street, Luton (LUl 3ED) . B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 (10.12.1997) PROPRIETOR: WELLINGTON PUB COMPANY PLC (Co. Regn. No. 3406623) care of GOSSCHALKS of Queens Gardens, Hull HUl 3DZ. C: Charges Register This register contains any charges and other matters that affect the land.

1 (02.04.1998) REGISTERED CHARGE dated 2 March 1998 affecting also other titles to secure the moneys including the further advances therein mentioned.

NOTE 1: Original charge issued in a separate cover and should be lodged at the Land Registry on any dealing with the charge

�NOTE 2: Copy filed under HS223935. 2 (02.04.1998) Proprietor: DEUTSCHE TRUSTEE COMPANY LIMITED (Co. Regn. No. 338230) of Winchester House, 1 Great Winchester Street, London EC2N 2DB.

End of register

Page 50 of 126 1 of 1 EXTRACT OF MINUTES 29TH NOVEMBER 2018 APPENDIX 3

73. ADDITION OF A SECTION OF PATH AT LANGLEY PLACE TO THE DEFINITIVE MAP AND STATEMENT (REF: 11)

The Strategic Policy Adviser presented the report (Ref: 11) requesting the committee to authorise the Council’s Legal Services to undertake the legal process to add a section of path at Langley Place to the Definitive Map and Statement.

He emphasised the request was only to authorise the commencement of the legal process and not to approve the addition of the path to the Definitive Map and Statement.

He said background information was included in the report and that the section of path in question was in the excluded area and not on the Definitive Map.

He informed the committee the matter came to notice, when approached by the developers about the section of path outside the Sugar Loaf Pub, after the developers had received planning permission to convert part of the Industrial Estate into residential units. The Developers had provided a lot of historical information, as set out in Appendices A and B, including a letter from a former local resident about the location of the path in that part of the area. They had also provided historical plan, record from the Land Registry and photos.

Information was also obtained for the company managing the site as part of their portfolio.

The Strategic Policy Adviser believed he had received balanced information from the developer and Management Company about the section of path in question. He believed the historical information indicated there had been a public footpath at the location at some point and he had not been able to find any record of any order stopping it from being a public footpath.

He added that Legal advice from the Council’s Solicitor was provided in the report and that Appendix B demonstrated there had been a public footpath at Langley Place, which had never been rescinded.

Cllr Castleman addressed the committee on behalf of the Landlord of the Sugar Loaf Pub and as ward councillor. In summary, he believed the officer had not given sufficient information in the report. He said that 80 years ago there may have been a public footpath at the location, but question why the Council could not find a stopping order. He said the developers’ information showed there may have been a path there 100 years ago, but residents living knew nothing about such a path.

He alluded the developer had found a stopping order in 1992 from the former Bedfordshire County Council, before Luton split from the County, unrelated to Langley Place, and so, question why they could not find one for Langley Place. He passed photos and papers for consideration by the committee.

Page 51 of 126 He said no reference was made in the report to the right of the owner of the Sugar Loaf Pub. He made the point that pubs were few and far between, with 7 in the area having closed down. He said the Sugarloaf was an important community venue and would be in danger of closing if the proposal went ahead. He requested the committee not to endorse the officer’s recommendation.

There being no questions, Cllr Castleman left the room and took no further part in this item.

Mr Barry Morris, the developers’ representative was given the opportunity to address the committee. He said they had been the owner and occupier of the Industrial Estate for the last 25 years and were converting offices into 12 residential units and access for residents would be required by the public footpath by Langley Place. He added that in law he understood that once a highway always a highway. He said he had approached the landlord of the pub to remove a barrier preventing access to the path to allow installation of a gate for residents to use and was refused. As the footpath was not on the definitive map, he had taken actions to get it included and provided the historical planning records and a letter from the resident who lived there 70 years ago and knew Langley Place and asked the council to start the legal process.

There being no questions for Mr Morris, Mr Gerald Duggan, the landlord of the Sugar Loaf Pub was given the opportunity to address the committee. He distributed photos of the locations to members. In summary, he said he had been at the pub since 1984/85 and had drunk there in the 1970s and that nothing had changed at the location since then. He denied putting up the fencing, which was already in situ. He conceded he had tidied up and used part of the area near the pub as a storage place. He said he had also tidied up the rough piece of ground belonging to the council, and used it as a pub garden for smokers up to 11.00 pm. After 11.00 pm smokers used the front of the pub to ensure neighbours were not disturbed by noise. He added the surface of the path in question had a hole in it, was dangerous and would be a safety issue if used by residents.

He said since he had been there in 1985 and drunk there in 70s, there had never been a public footpath there and he had never been asked to remove the fence by the developers. He said the footpath was not maintained and would be too dangerous to be used by residents. He conceded the area was under his controlled but not owned by him and claimed it would cause ‘havoc’ with people if they could not use it.

He believed the path should have been stopped when the Industrial estate was built, which was probably a mistake why it was not.

From questions, Mr Duggan said no planning permission was involved in the provision of the smoking shelter in the garden.

From questions and comments, the Strategic Policy Adviser provided further information as summarised in the below paragraphs.

Page 52 of 126

A definitive map existed, with excluded areas, except Bramingham in the north and Wigmore in the east. The excluded areas needed to be mapped by 2026, which would involve a lot of work.

To a comment that the work on mapping the path would be a small segment in one area to complete, he said the issue came about after an approach by the developers and would need to be dealt with under the excluded area, with the developers providing evidence.

It was commented that the work would need to be done at some point and that a site visit by members of the committee would be needed.

On a question on access to the residential units, the Strategic Policy Adviser said there would be access by residents through the Industrial Estate.

The Vice-Chair commented further information about custom and practice in the town centre on similar issues was needed, as well as a visit to the site. As there was a lot more information needed, she was against the officer’s recommendation at this stage.

Another member agreed and added the committee should also hear legal advice from the Council’ planning Solicitor. He clarified from Mr Duggan, that he as landlord had not erected a fence.

The Chair concurred there was not enough information before the committee and moved that the committee’s decision on this item be deferred pending provision of further information, legal advice, including case law and custom and practice and a site visit, which was agreed.

Resolved: That having considered the report (Ref 11) and the representations made by Cllr Castleman, Barry Morris, for the Developer and owner of the Telmere Industrial Estate and Gerald Duggan, the Landlord of the Sugar Load Pub. The Committee decided there was insufficient information on which to make a decision and deferred the item for consideration to the next meeting of the committee on 29 January 2019, pending provision of further information, legal advice, including case law and custom and practice and a site visit.

Page 53 of 126 Appendix 4

AGENDA ITEM

COMMITTEE: Administration & Regulation Committee

DATE: 29th January 2019

SUBJECT: Addition of a section of path at Langley Place to the Definitive Map and Statement.

REPORT BY: Service Director, Planning & Economic Growth

CONTACT OFFICER: Keith Dove, Strategic Policy Adviser

IMPLICATIONS:

LEGAL x COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL x CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: South

PURPOSE

To request authority to carry out the legislative process in order to add a section of path at Langley Place to the Definitive Map and Statement.

RECOMMENDATION(S)

Committee is recommended to authorise Legal Services to undertake the process pursuant to the Wildlife and Countryside Act 1981 and all other

Page 54 of 126

enabling powers, in order to add a section of path at Langley Place as shown edged red in the plan on page 114 at Appendix 3(A), to the Definitive Map and Statement

BACKGROUND

At its meeting on 29th November 2018 the Committee considered a report with the same recommendation as above. A copy of that report and the appendices to it are included at Appendix 3 to this report and the advice/recommendation therein remains the same notwithstanding this update.

At that meeting, Members allowed the Developer of the site and the landlord of the Sugar Loaf pub to address the Committee. Further details of the issues each of them raised, together with any points raised by the Committee are recorded in the minutes of the meeting (Minute 73 refers), but can be summarised as follows, namely that: - the paving of the walled garden and remaining length of Langley Place has not changed since the 1970s when Mr Duggan first visited the Sugar Loaf pub and subsequently became landlord; - the paved section of Langley Place would be dangerous if used by pedestrians as the pub’s cellar hatch was located in this area; and - Mr Duggan conceded the area was under his control but not owned by him.

Members Resolved: ‘Having considered the officer’s report and the representations made by Cllr Castleman, Barrie Morris, for the Developer and owner of the Telmere Industrial Estate and Gerald Duggan, the Landlord of the Sugar Loaf pub, Committee decided there was insufficient information on which to make a decision and therefore deferred consideration of the matter, pending provision of further information, legal advice, including case law and custom and practice and a site visit.’

The site visit took place on 22nd January, and Members will discuss the outcome of that at the meeting. The remainder of this report therefore sets out: a) provision of further information, and b) legal advice. With regard to the further information, attached at Appendix 1 is a letter from the Developer’s legal adviser; to date no further information has been received from the landlord or the owners of the pub.

REPORT

Background to the development proposal In May 2017, the Development Management service received a request for determination as to whether the prior approval of the Local Planning Authority

Page 55 of 126

was required under Part 3 Class O of the Town & Country Planning (General Permitted Development) Order 2015) (“GPDO”) to convert Unit 4 in the Telmere Industrial Estate in New Town to 12 bedsits. The decision subsequently made on 1st August 2017 was to grant prior approval subject to conditions, which have subsequently been satisfactorily discharged.

The Developer’s view is that it would be inappropriate that their development is accessed through the remaining units and circulatory space within the Telmere Industrial Estate. The developer has presented the Council with evidence of an historic path known as Langley Place which ran through the land now occupied by the industrial estate and connected with New Town Street. The path ran alongside the Sugar Loaf pub. That evidence was included as Appendix B to the report to the last meeting of this Committee.

Additional information not previously presented

Alternative means of access to the site Since the last meeting, the Council became aware that two planning applications (16/01960 and 18/00082) had been submitted to convert an industrial unit at 14- 16 Chase Street (shaded yellow on the plan below), which backs on to the Telmere industrial estate and could provide an alternative way of accessing the Unit 4. Both applications, for three 2 bed terraced properties, were refused and the 2018 application was dismissed on appeal. Notwithstanding this, the opportunity of creating a path in this area was explored further with the developer, but the site on Chase Street adjoins Unit 2 (outlined red on the plan below). Unfortunately this would therefore be of no benefit to the Developer at Unit 4, who has stated that they can easily install concrete stairs and /or ramp to retain the land and overcome the 1m change in levels at the boundary to the side of the Sugar Loaf pub.

Page 56 of 126

Stopping up of Langley Place As recorded in the minutes of the last meeting, Councillor Castleman had queried why officers had not been able to provide evidence of any Stopping Up Order. Further requests have been made to both the Councils Legal and Land Charges administration teams. To date we have been unable to locate the Stopping Up Order and plans. However we have found further information on the Council’s microfiche records relating to the site that is presented below.

A Compulsory Purchase Order Plan published in connection with the Borough of Luton Housing Act 1930 confirms the existence of Langley Place, an extract of which is shown below.

We have also found a plan of land sold by the Council in 1939 that was subsequently developed as the Telmere industrial estate in 1980.

Page 57 of 126

The plan on page 133 of Appendix 3(B), the report and appendices to the last meeting, also shows the length of Langley Place that was extinguished when the industrial estate was built. Before the land was sold, this would have also led to numerous homes in Langley Place. That plan is also consistent with our records of Rights of Way within the Excluded Area.

Based on the above and aforementioned plans, together with the plan on page 114 of Appendix 3(A), the one thing that is consistent on all of those is that they all exclude the same area at the New Town Road end of Langley Place.

It is reasonable to conclude therefore that this section of Langley Place was not formally stopped up. It is unfortunate that we cannot find the Stopping Up Order for the section of Langley Place referred to as ‘extinguished’ on page 133 of Appendix 3(B), which encompasses the area of the Telmere industrial estate. However, again if it could be found, it is reasonable to assume that it would not have stopped up the area of Langley Place in question.

Layout of the pub entrance The photo of the Sugar Loaf pub included on page 130 of Appendix 3(B) of the report to the last meeting pre-dates the construction of the industrial estate, as it shows no building behind the pub. It also shows the entrance door to the pub is on the splayed corner of the building. The subsequent photo on page 131 of Appendix 3(B) of the same report shows the location of the entrance door to the pub has been re-positioned, which would have been taken after the Telmere industrial estate was completed as part of the unit behind the pub is clearly visible.

The former waste land between the pub and Albert Road, which fronts onto New Town Street, is bordered by a brick wall which forms the northern boundary of 87 Albert Road. As evidenced in the Her Majesty’s Land Registry records of the Title Deeds at Appendix, 2 that area of land is now in the ownership of the Wellington Pub Company PLC and has been developed into a paved walled garden.

Langley Place continued to be used to give access to the Sugar Loaf side door (in the area with the lower roof), presumably then leading to staff accommodation / non-public areas.

The following photos show the existing layout of the side entrance.

Page 58 of 126

Comparing photo A with that in Appendix 3(B) of the report to the previous meeting shows that the pub has changed the position of its public entrance door and have also built steps to that new entrance and a short wall at the same time. It is likely from the appearance of the paving (photos A, D and E) that the paved walled garden and remaining parts of Langley Place were all paved by the pub at the same time. As recorded in the minutes of the last meeting, Mr Duggan stated that he had been at the pub since 1984/85 and had drunk there in the 1970s and that nothing had changed at the location since then. On this basis it is likely that this area was paved in the late 1970s.

Page 59 of 126

The pub has chosen to hard landscape and build steps and a wall on the highway part that clearly isn’t within the demise of either the pub (Title Number 185122 at Appendix 2 refers) or the walled garden (Title Number 185122). Even if acquired by adverse possession, the public right of way over the land still exists as “once a highway always a highway”. However, the fenced and gated off part by the old side door needs to be opened up for access to the boundary through the end of the highway.

Photos D and E show the location of the existing draymen’s delivery hatch, which is at a slightly higher level to the surrounding area, and photo C shows the location of the former delivery hatch in New Town Road. Mr Morris contends that even if the draymen’s hatch is open, there is sufficient space to the right hand side to pass along into Langley Place, and that in any case the draymen’s deliveries last quite a short time.

Legal advice Paragraphs 3 to 13 of the report to the last meeting of this Committee (see pages 110-111 of Appendix 3 to this report) summarise the legal requirements of the Definitive Map and Statement (DM&S). The key points can be summarised as follows, namely that: - the Duty to produce a DM&S of Public Rights of Way (RoW) was first required by the National Parks & Access to the Countryside Act 1949, which included ‘exceptions to survey’ where the area was so fully developed it would be inexpedient to do so (the case in much of Luton); - the Duty under Section 53 of the Wildlife and Countryside Act 1981 to review the DM&S, making modifications resulting from, amongst other things, evidence of the existence of a RoW not shown on the current DM&S; - since 1997 the Council has been the surveying authority with responsibility for preparing the DM&S; - the Excluded Area in Luton remains largely un-surveyed but all rights of way in that area need to be added to the DMS by 1st January 2026.

Based on evidence presented in the report to the last meeting of this Committee, along with the additional information presented above, in your officer’s opinion this reasonably demonstrates that a public right of way over Langley Place exists, as the section of Langley Place in question is not in the ownership of the Public House (although even if it was, this would not be conclusive as “once a highway always a highway”) and has never been stopped up.

Consequently, Committee approval is sought to formally add this section of Langley Place to the Definitive Map and Statement. The legislative procedure requires notices of the order to be served on the interests in the land, posted on the route and advertised in a local newspaper. If no objections are received, the order will be confirmed, and a new Definitive Map and Statement for Langley

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Place created. However, if objections are made and not withdrawn, the Council will have to forward the order to the Secretary of State for Environment, Food and Rural Affairs who will determine whether it should be confirmed or not.

PROPOSAL/OPTION

Not to progress this based on the evidence supplied could result in a legal challenge compelling the Council to do so, especially in light of the developer’s interest in developing Unit 4. Progressing this application does however run the risk that further applications will be received to map other areas of the excluded area where there are similar circumstances to this case, which will have to be considered by officers.

HUMAN RIGHTS AND CRIME AND DISORDER ACT - IMPLICATIONS

The recommendation notes the rights to respect for private and family life and protection of property but acknowledges and recognises the duties under Section 53 above. In addition there are not considered to be any crime and disorder implications arising but again the Section 53 duty is noted.

EQUALITY ACT 2010

There are no disproportionate effects on people with protected characteristics namely: age, sex, gender assignment, sexual orientation, disability, marriage/civil partnership, pregnancy/maternity, race, religion or belief, arising from this report.

APPENDICES

Appendix 1 Letter from Bevan Brittan (acting on behalf of the Developer)

Appendix 2 Title Deed for land at the junction of New Town St and Albert Rd.

Appendix 3 Report to Administration & Regulation Committee on 29 November 2018

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D

None

Page 61 of 126 Appendix 4A

FAO Steven Sparshott Date 15 January 2019 Luton Borough Council Your ref Legal Services, Our ref MT\MT\137496\1 Town Hall, Direct Line +44 (0) 370 194 1343 Luton, Bedfordshire, Direct Fax +44 (0) 370 194 1001 LU1 2BQ [email protected]

By e-mail only

Dear Sirs

Langley Place, Luton

We write further to our previous letters of 24 July 2018 and 24 April 2018. You will recall that we act on behalf of Chalmor Limited in relation to this matter. We understand that the matter is to be considered by the Administration and Regulation Committee of 29 January 2019.

The officer report to the Committee dated 29 November 2018 clearly sets out and delineates the reasons why, in the view of the Council’s officers, a public right of way is considered to exist over Langley Place. The proposition set out in that report is supported by detailed evidence which demonstrates conclusively the existence of a historic highway1.

The legal question for the Council2 is whether evidence has been discovered which shows that a right of way either subsists or is reasonably alleged to subsist. There is a very substantial body of information which supports the existence of a right of way.

If the Council accepts that the right of way existed historically, no combination of actions by the current landlord or any representations about the current status of the land are capable of undermining that designation. We have previously referred the Council to the common law rule of ‘once a highway, always a highway’ – legal authority confirms that a highway continues to exist even if it is blocked, not physically apparent, or not used for a number of years. Accordingly the highway and its associated right of way subsist.

We are instructed that at the meeting of 29 November 2018, a number of points were raised which do not relate to right of way or highway status. These points include land ownership, use of the land at present, whether a highway is appropriate, control of drinkers, planning permission, health and safety concerns, differences in levels, the effectiveness of the historic stopping-up order, whether a new stopping-up order should be made, and other points. We would encourage the Council to confine its considerations to matters which are relevant to the specific legal question before it.

Stopping-up Order

1 The evidence supplied to date which supports this proposition includes the Council’s own plans from 1888 and 1938, the 1900, 1938 and 1946 Ordnance Survey plans, the historic map dated 1922, the previously- supplied witness statement, pictures of the Sugar Loaf, the plans from 1842 and 1924, the Street Index extracts, the extract from a WWI diary, Index of Drawings, the informal Facebook post relating to passing Langley Place and the content of the book ‘World’s End’. 2 As set out in section 53 of the Wildlife and Countryside Act 1981. M-22488441-1

Kings Orchard | 1 Queen Street | Bristol BS2 0HQ T 0370 194 1000 | F 0370 194 1001 | DX 7828 Bristol 1 www.bevanbrittan.com

Bevan Brittan LLP is a limited liability partnership registered in England and Wales: number OC309219. Registered office: Kings Orchard 1 Queen Street Bristol BS2 0HQ. A list of members is available from our principal offices in London, Leeds, BristolPage and Birmingham 62 of and 126on our website (which has other regulatory information). Authorised and regulated by the Solicitors Regulation Authority: number 406315. Any reference to a partner in relation to Bevan Brittan LLP means a member, consultant or employee of the firm who is a lawyer.

We have been asked if our clients hold further information about the stopping-up order referred to in previous correspondence with reference DX159. My clients have supplied a photograph of a map within the Council’s records which puts DX159 in context.

There are some errors associated with this map – particularly if you look at LX127 to the north, this has been displaced from its actual location, and in actuality the LX127 path is directly across New Town Street from Langley Place.

The stopping-up status of DX159 is relevant to the point which is being considered by the Council but it is not determinative. In circumstances where the Council’s records do not confirm the existence of a stopping-up order, the highway identified by evidence continues to subsist across its entire length. In circumstances where the Council’s records confirm that the highway has been partially stopped-up, this stopping-up was only partial in nature. In either event, we would respectfully submit that the evidence confirms that a right of way subsists.

Yours faithfully

Matthew Tucker Solicitor for Bevan Brittan LLP Enc: Plan

Page 63 of 126

Appendix 4B

Page 64 of 126 Page 65 of 126 Page 66 of 126 Page 67 of 126 Page 68 of 126 Page 69 of 126 Appendix 5

AGENDA ITEM 2.1

ADMINISTRATION AND REGULATION COMMITTEE

29TH JANUARY 2019 AT 6.00 P.M.

PRESENT: Councillors J. Taylor (Chair), Hopkins (Vice Chair), Akbar, Castleman Chapman, Chowdhury and Rogers.

01. APOLOGY FOR ABSENCE (REF: 1)

Resolved: An apology for absence from the meeting was received on behalf of Councillor Garrett.

02. MINUTES (REF: 2.1)

Resolved: That the minutes of the meeting held on the 29th November 2018 be approved as true and correct record and the chair be authorised to sign them subject to the following amendment at Minute No. 73, amend Gerald to read “Gerard".

10. ADDITION OF A SECTION OF PATH AT LANGLEY’S PLACE TO THE DEFINITIVE MAP AND STATEMENT (REF: 14)

The Strategic Policy Adviser presented the report (Ref: 14) which requested authority to carry out the legislative process for a section of path at Langley Place clarified as shown on page 214) to be added to the Definitive Map and Statement. He explained that following consideration of this matter at the previous meeting of this committee, members of the committee resolved that the matter be deferred to a future meeting pending further information and legal advice. Members also requested a site visit to take place prior to the matter being heard at the next meeting.

Members were informed that since the previous meeting which took place on 29th November 2018, officers became aware of two planning applications previously submitted for the conversion of the industrial estates of 14-16 Chase Street that could provide an alternative means of foot access to the development site; however further investigation revealed that could not provide access to residents of Unit 4.

In relation to issues expressed at the previous meeting about the evidence of a Stopping Up Order; the Strategic Policy Adviser advised that a further request had been made to both the council’s legal department and land charges administration teams. Unfortunately, no Stopping Up Order had been found; however, more information relating to the site had been located. He said that the consideration of historical record of Langley Place was crucial to the decision of the committee Also on the issue of points of law, the Planning Solicitor would comment and advise members of the committee accordingly.

Page 70 of 126 The chair of the committee stated that during the site visit which took place on 22nd January 2019, it was clear that the area in question had not been used as a public footpath for a number of years.

In response to comments and questions from members in relation to guiding legislation relevant to a Public Right of Way in an urban area, the Strategic Policy Adviser stated that the report sets out the legal background and key points of the council’s responsibility to produce a Definitive Map and Statement (DM&S) and legal requirement to carry out a survey of the Excluded Area. He explained that the council took over this responsibility in 1997 and is required to map all routes in this area by 2026. The Planning Solicitor advised that, in the meantime, the Council has a duty under Section 53 of the Countryside & Wildlife Act 1981 to keep the DM&S under review, which could include discovery that a right of way subsisted on an area of land.

Evidence of a Compulsory Purchase Order plan published in connection with the Borough of Luton Housing Act 1930 confirmed the existence of Langley Place. Also further evidence in the form of a plan regarding land sold by the council in 1939 which was subsequently developed as the Telmere industrial estate in 1980 had also been found. The plan also showed the length of Langley Place that was extinguished when the industrial estate was built. Members were informed that the plan was consistent with the historical records of Rights of Way within the excluded area.

A member of the committee asked for clarity in terms of the officer’s recommendation as stated in the report, whether there was sufficient evidence to trigger to the legal process or whether the committee was being asked to take a decision based on the merits of the development. Officers advised that the merits of the development was not a consideration as prior approval had been granted.

The Planning Solicitor in response to comments and questions from members of the committee advised of the legal implications and possible outcomes ofthe committee’s decision, whether or not they were minded to vote in support or against the officer’s recommendation. Referring to the letter from Bevan Brittan, dated 15th January 2019, attached as appendix 1 to the report, he stated that the issue was whether there was reasonable evidence which showed that a Right of Way subsisted.

He stated that if the council accepted the fact that the Right of Way existed historically then by common law, neither actions by landlords of the Sugar Loaf public house nor representations regarding the current land designation could alter that. Members of the committee would need to consider whether there was sufficient evidence on the balance of probabilities that a Right of Way existed at Langley Place or not. Regardless of it being unused, blocked or no longer physically apparent; the Right of Way remained lawful.

The Planning Solicitor further advised on key points for consideration by the committee in making their decision;

 Consider the recommendation as stated in the report which essentially required the committee’s approval to formally add the excluded section of Langley Place to the Definitive Map and Statement;

 Consider the evidence already presented at this meeting; the previous meeting on 29th November; both oral and written representation received

Page 71 of 126 from the interested parties including advice received from the Planning Solicitor as well as the site visits which took place;

 Consider whether there was evidence which demonstrated on the balance of probability that the public Right of Way over Langley Place exists as the section of Langley Place in question was not in the ownership of the Public House and the principle; “once a highway, always a highway”.

 The fact that the Right of Way or footpath had not been used for years was irrelevant to the committees decision;

 The Legislative process required notices of the Order to be served and posted on site including newspaper advertisement; the Order would be confirmed where no objections were received and a new Definitive Map and Statement for Langley Place would be in place. On the other hand if objections were made and not withdrawn; the application would then progress to inquiry stage and the Order would be forwarded to the Secretary of State for Environment, Food and Rural Affairs who would determine whether it should be confirmed or not;

 If members of the committee took a decision not to progress as recommended in the report; it could result in a legal challenge compelling the council to do so, especially in the light of the developers interest in his proposals to develop Unit 4;

 A highway can be stopped up by the Council pursuant to s116 of the Highways Act 1980 on the basis that it is unnecessary. However, although not a decision for the A&R Committee to make, if a Stopping up Order were made, then an objection from the developer is likely and the Magistrates who decide whether to confirm the Order or not, are, more likely to deem the highway as necessary rather than unnecessary as a result of the developer’s proposals.

 If the committee were to resolve not to support the officers recommendation then the developer could take this matter to the High Court which could compel the council to take action;

 References were made to Secs 55 and 53 of the Wildlife and Countryside Act 1981 and the council’s duty to keep the Definitive Map and Statement under continuous review which should be evidence based.

Following further discussions comments and questions by members of the committee, regarding the lack of use of Langley Place, the merits and the purpose of the use of land and whether the council would be compelled to take action should members of the committee decide not to progress with the application, the Planning Solicitor further explained that ultimately it was up to the Planning Authority to determine the kind of access to be obtained to the industrial unit should it be converted to residential accommodation, depending on potential safety of acess.

In terms of the avenues available if the committee was minded not to progress, the Planning Solicitor stated that it would be up to the High Court to determine if the

Page 72 of 126 council was compelled to take action. He emphasised that merits of the development was not relevant.. The chair called on members of the committee to vote either in favour or against the officer’s recommendation by show of hands.

Members voted to reject the officer’s recommendation.

Resolved: That the recommendation as contained in the report (Ref: 14), for the Administration and Regulation Committee to authorise Legal Services to undertake the process pursuant to the Wildlife and Countryside Act 1981 and all other enabling powers, in order to add a section of path at Langley Place as shown edged red in the plan as contained in the report of the Service Director Planning & Economic Growth to the Definitive Map and Statement be rejected.

Page 73 of 126 Appendix 6

AGENDA ITEM

COMMITTEE: Administration & Regulation Committee

DATE: 19th June 2019

SUBJECT: Addition of a section of path at Langley Place to the Definitive Map and Statement.

REPORT BY: Service Director, Planning & Economic Growth

CONTACT OFFICER: Keith Dove, Strategic Policy Adviser

IMPLICATIONS:

LEGAL x COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL x CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: South

PURPOSE

To request authority to carry out the legislative process in order to add a section of path at Langley Place to the Definitive Map and Statement.

RECOMMENDATION(S)

Committee is recommended to authorise Legal Services to undertake the process pursuant to the Wildlife and Countryside Act 1981 and all other

Page 74 of 126

enabling powers, in order to add a section of path at Langley Place as shown edged red on the plan at Appendix A, to the Definitive Map and Statement.

BACKGROUND

At its meeting on 29th November 2018 and, following the receipt of further information and clarification, a subsequent meeting on 29th January 2019, the Committee considered reports with the recommendation set out above. A copy of those reports and the appendices to them are referred to as Background papers to this report.

The reason for bringing those reports to the Committee was because following a determination from the Council’s Development Management service on 1st August 2017 to grant prior approval for conversion of Unit 4 in the Telmere industrial estate in New Town to 12 bedsits, the developer presented the Council with evidence of an historic path known as Langley Place which ran through the land now occupied by the industrial estate and connected with New Town Street running alongside the Sugar Loaf pub for a distance of approximately 11.25 metres. That evidence was included as Appendix B to the report to the 29th January 2019 meeting of this Committee (See background papers).

The key points of the advice previously given are as follows:

- the Duty to produce a Definitive Map and Statement (DM&S) of Public Rights of Way (RoW) was first required by the National Parks & Access to the Countryside Act 1949, which included ‘exceptions to survey’ where the area was so fully developed it would be inexpedient to do so (the case in much of Luton);

- this “Excluded Area” in Luton remains largely un-surveyed but all rights of way in that area need to be added to the DM&S by 1st January 2026.

- Section 55(3) provides a duty upon the Council to prepare a definitive map and statement for ROW’s within the Excluded Area. The duty has been in force since February 1983. Following receipt of the evidence from the developer, the Council took Counsel’s advice who advised that the Council could be compelled to take action to map the excluded area via High Court action as little meaningful action to do so has taken place. Hence the reports were prepared for the committee’s attention.

- the Council has a duty under Section 53 of the Countryside & Wildlife Act 1981 to keep the DM&S under continuous review, and make such modifications in consequence of the occurrence of, amongst other things, the discovery of evidence which shows that a right of way which is

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not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates.

- the section 53 evidential test of RoW’s to consider in fulfilling the section 55(3) duty to prepare a DM&S for the excluded area, is whether there is sufficient evidence which demonstrates on the balance of probability that a public RoW over Langley Place subsists.

- The evidence provided is considered to fulfil the section 53 evidential threshold.

- The principle; “once a highway, always a highway” is applicable.

The Committee decided to refuse the officer’s recommendation, as they considered that it was not in the spirit of the legislation, in particular as the purpose of Langley Place in question was only to serve the developer’s site.

REPORT

Background to the development proposal The justification for bringing this matter back to this Committee is because on 12th April 2019, the developer’s legal advisors sent a pre-action protocol letter to the Council as a pre-cursor to a Judicial Review of the Council’s decision of 29th January. A copy of this letter is included at Appendix B to this report.

In particular, the letter sets out that the Council has misdirected itself in law, as the duty pursuant to section 53 of the Countryside & Wildlife Act 1981 as set out above has not been engaged with and the decision reached is outside of its scope.

The Council’s solicitor agrees with the above and is of the opinion that the previous decision made by this committee would be quashed and the Council would be liable for the appellant’s costs which could run to tens of thousands of pounds if taken through the High Court process.

If quashed by the High Court, the matter would have to return to A&R Committee for a further decision as the Council has a duty to prepare a DM&S for the Excluded Area pursuant to section 55(3) of the 1981 Act. Consequently, taking no action to deal with this request is not considered to be an option as the Council could be compelled to act via a further Judicial Review.

In addition, the evidence received is considered to be compelling to satisfy the Section 53 test and so to make a decision on the basis that the evidence is not sufficient to show a RoW subsists could also be challenged through the High Court.

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Note too for the avoidance of doubt, motive, merit and current use of the area in question is not relevant. If the area of land is shown to be a RoW as a result of the historical evidence received, whether currently in use as such or otherwise, then it remains as such as: “once a highway, always a highway”.

Consequently, Committee approval is sought to formally add this section of Langley Place to the DM&S. The legislative procedure requires notices of the order to be served on the interests in the land, posted on the route and advertised in a local newspaper. If no objections are received, the order will be confirmed and a new DM&S for Langley Place created. However, if objections are made and not withdrawn, the Council will have to forward the order to the Secretary of State for Environment, Food and Rural Affairs who will determine whether it should be confirmed or not.

PROPOSAL/OPTION

Not to progress this based on the evidence supplied and coupled with the duty to prepare a DM&S could result in a legal challenge compelling the Council to do so, especially in light of the developer’s interest in developing Unit 4.

HUMAN RIGHTS AND CRIME AND DISORDER ACT - IMPLICATIONS

EQUALITY ACT 2010

APPENDICES

Appendix A Plan of the area to be added to Definitive Map and Statement.

Appendix B Pre Application Protocol letter received from Bevan Brittan

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D

Report to Administration and Regulation Committee on 29th November 2018 Report to Administration and Regulation Committee on 29th January 2019

Page 77 of 126 Appendix 6A

•

Page 78 of 126 Appendix 6B

Page 79 of 126 Page 80 of 126 Page 81 of 126 Page 82 of 126 Page 83 of 126 AGENDA ITEM

COMMITTEE: ADMINISTRATION AND REGULATION COMMITTEE

DATE: 17th JULY 2019

SUBJECT: RE-ALIGNMENT OF SERVICE DIRECTOR POSTS

REPORT BY: CHIEF EXECUTIVE

CONTACT OFFICER: ROBIN PORTER, CHIEF EXECUTIVE

IMPLICATIONS:

LEGAL COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL  CONSULTATIONS

STAFFING  OTHER

WARDS AFFECTED: NONE

PURPOSE

1. The purpose of this report is to seek approval from Administration and Regulation Committee to amend the Senior Management Structure of the Council by re-aligning the Service Directors currently reporting to the Corporate Director People, Corporate Director Public Health, Commissioning & Procurement and Corporate Director Place & Infrastructure.

RECOMMENDATION(S)

2. Administration and Regulation Committee is recommended to: a. approve the newly named Service Director posts; Service Director Inclusive Growth post (previously Quality and Corporate Procurement), Service Director Quality, Improvement & Practice Innovation (previously Prevention & Early Intervention), Service

Page 84 of 126 Director Operations, Statutory Social Work Services, Early Help & Prevention (previously Children & Families Social Work) and Service Director Planning & Transport (previously Planning & Economic Growth). b. Approve the re-alignments of the Service Director Inclusive Growth from Public Health Commissioning & Procurement to Place & Infrastructure and of the Service Director Adult Social Care from People to Public Health Commissioning & Procurement (as was). c. Approve the move of the DASS (Director of Adult Social Services) role and associated statutory duties currently held substantively by the Corporate Director People, and temporarily by the Service Director Adult Social Care permanently to the Corporate Director Wellbeing & Public Health. The DASS has responsibilities for professional leadership and operational delivery of adult social services, including for people when they are most disadvantaged and vulnerable, and their families and carers. d. Approve the renaming of the Corporate Director Public Health Commissioning & Procurement to become the Corporate Director of Wellbeing and Public Health. e. Recommend to Full Council at its meeting on 30th July 2019 to amend Part 19 of the Council Constitution (Management Structure) in accordance with the resolution of this Committee; and f. To authorise the Service Director, Human Resources and Monitoring Officer to amend Part 19 of the Constitution and to make any necessary consequential changes thereto.

BACKGROUND

3. This organisational change assessment (OCA) builds upon the introduction of a fifth Corporate Director post and realignment of the Service Director, Technology & Transformation that were the subject of an earlier OCA.

4. The Council is committed to ensuring a One Council approach and developing closer links between interconnected service areas whilst maintaining our focus on meeting the needs of the people of Luton. A fundamental principle underpinning this review is the need to sustain sufficient senior management capacity to lead and manage services and to ensure the range of corporate responsibilities and activity is delivered.

REPORT

5. The drivers behind this consultation were: ensuring improvements in Children’s Social Care and the need for more leadership capacity, to increase the pace of improvement following the May 2019 Ofsted report; re-focusing resources to eradicate poverty led by the Service Director Inclusive Growth; realignment of procurement around a Local Wealth Building approach and balancing out the responsibilities of Corporate Directors.

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6. The proposed changes will ensure that the council’s activities are strongly co- ordinated and focussed on the achievement of its key priorities with organisational capacity created in the right areas

PROPOSALS

7. The proposals are set out in the Organisational Change Assessment attached at Appendix A. • Approve the re-alignment of the Service Director Quality and Corporate Procurement from Public Health Commissioning & Procurement to Place & Infrastructure. • Additionally, that the Economic Growth and Skills team move from the SD Planning and Development to the newly created Service Director - Inclusive Growth. Under a Local Wealth Building approach the engagement of businesses from the Procurement Team closely aligns with the activities of the Economic Development Team. • Approve the realignment of the Service Director Adult Social Care from People to Public Health Commissioning & Procurement (renamed Wellbeing & Public Health). The rationale for the move is that central to the Care Act 2014, is the relationship to Public Health with regards to prevention and wellbeing. • As part of the moves it is proposed that the Quality Assurance and Care Placement team moves from the Service Director – Quality and Corporate Procurement to the Service Director – Adult Social Care role. • Additionally, that the Commissioning Support team moves to the Service Directors Healthcare and Adults Commissioning and Healthy Lives and Commissioning. This will be subject to a separate OCA. • Approve the move of the DASS (Director of Adult Social Services) role and associated statutory duties currently held substantively by the Corporate Director People, and temporarily by the Service Director Adult Social Care permanently to the Corporate Director Wellbeing & Public Health. The DASS has responsibilities for professional leadership and operational delivery of adult social services, including for people when they are most disadvantaged and vulnerable, and their families and carers. Guidance is clear that it is important that the DASS role is carried out by someone with a solid social care background in Adult Social Care. • To rename the Corporate Director Public Health Commissioning & Procurement the Corporate Director of Wellbeing and Public Health.

8. It is proposed to approve the newly named Service Director posts; Service Director Inclusive Growth post (previously Quality and Corporate Procurement); Service Director Quality, Improvement & Practice Innovation (previously Prevention & Early Intervention); and Service Director Operations, Statutory Social Work Services, Early Help & Prevention (previously Children & Families Social Work). The changes also mean that the title of the Service Director Planning and Economic Growth becomes the Service Director Planning and Transport.

Page 86 of 126 9. A further OCA will be forthcoming that seeks to realign and amend the commissioning arrangements for Children’s Social Care.

CONSULTATIONS

10. Consultation has taken place with the staff directly affected, the Leaders of the political groups represented on the Council, Trades Unions and other key stakeholders.

11. Other options were suggested by stakeholders through the Consultation: a. First that the Service Director Adult Social Care & Commissioning, Service Director Customer Service, Revenues and Benefits and the Service Director Housing were brought together under a Corporate Director. This suggestion was not taken forward at this time because the Service Director Customer Service, Revenues and Benefits more naturally fits with a Corporate Director of Resources due to the large financial nature of the Revenue and Benefits function. b. Second that the Service Director Adult Social Care, Service Director Housing and the 2 Public Health Service Directors were brought together under a Corporate Director. This suggestion has some merit, but needs further consideration and discussion. The proposed structure recommended in this report does not cut across this option. c. Third that the Corporate Director Customer & Commercial is replaced with Corporate Director Resources and Housing moving to Corporate Director Place and Customer Services, Revenues and Benefits reporting directly to the CE. This suggestion was not taken forward at this time because the Service Director Customer Service, Revenues and Benefits more naturally fits with a Corporate Director of Resources due to the large financial nature of the Revenue and Benefits function.

FINANCIAL IMPLICATIONS

12. There are no financial implications. Some job descriptions have slight changes to the portfolio of service areas or a change in reporting lines and these minor changes can be agreed with the current post holders. This report has been cleared by Dev Gopal on 01.07.19.

STAFFING IMPLICATIONS

13. No redundancies are proposed, and there are no deletions of existing posts. This restructure was not subject to the Organisational Change Procedure but was conducted in the spirit of it. The TU’s were consulted with. Affected employees were consulted between 4th June and 3rd July. All were offered a 1-2-1 meeting and the opportunity to submit alternative proposals. This report has been cleared by Angela Claridge on 01.07.19.

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LEGAL IMPLICATIONS

14. There are no legal implications arising from this report. This report has been cleared by Jasbir Josen on 01.07.19.

APPENDICES

Appendix A - Organisation Change Assessment

Appendix B - Job description and person specification for the role of Service Director, Inclusive Growth

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D

None

Page 88 of 126 APPENDIX A

Handling Organisational Change Organisational Change Assessment

Realignment of three Service Director Posts

1. Purpose

• To set out proposals to make changes to the organisation of the Council’s Senior Management to improve services. • To outline the timetable for formal consultation with affected employees and stakeholders and to confirm the date of Full Council when the final proposals for the changes will be considered. • CLMT have given their support for the proposals to be considered for consultation. • At this time other options to achieve the goals of the OCA will be positively welcomed and considered, where they build upon a One Council approach. It may be that only part of the proposal is taken forward. No changes will be implemented before discussions with Members.

1.1 Background and context

This organisational change assessment (OCA) builds upon the introduction of a fifth Corporate Director post and realignment of the Service Director, Technology & Transformation that were the subject of an earlier OCA.

The Council is committed to ensuring a One Council approach and developing closer links between interconnected service areas whilst maintaining our focus on meeting the needs of the people of Luton. A fundamental principle underpinning this review is the need to sustain sufficient senior management capacity to lead and manage services and to ensure the range of corporate responsibilities and activity is delivered.

1.2 Scope

The scope of this employee brief is: • To realign two of the eighteen Service Director Posts, with the remaining sixteen continuing to report to their current Corporate Director Post. • The proposed transfer to Public Health & Commissioning from People of the Service Director – Adult Social Care role and connected DASS responsibility, the proposed Transfer to Place & Infrastructure from Public Health & Commissioning of the Service Director – Quality and Corporate Procurement and the revision of the role with a proposed new remit of Service Director - Inclusive Growth. • As part of the moves it is proposed that the Quality Assurance and Care Placement team moves from the Service Director – Quality and Corporate Procurement to the Service Director – Adult Social Care role and the Commissioning Support team to the Service Directors Healthcare and Adults Commissioning and Healthy Lives and

Page 89 of 126 Commissioning. This will be subject to a separate OCA. Additionally that the Economic Growth and Skills team move from the SD Planning and Development to the newly created Service Director - Inclusive Growth.

1.3 The Current Position

The organisation is currently shaped around the following Directorates:

• Chief Executives • [Airport –proposed to be in place at the end of July, following Full Council through a separate OCA] • Customer & Commercial Services • People • Place & Infrastructure • Public Health, Commissioning & Procurement

2. Proposal (s)

We need your feedback about the proposal(s) set out in this document. This is your opportunity to shape the future of the service that we know is of enormous importance and significance to you.

Please remember that these are initial proposals only and that the final proposals will only be known once the formal consultation period has ended.

The proposals are outlined below.

Due to the proposed introduction of a fifth Corporate Director post there is no existing Corporate Director role that remains entirely the same.

There continues to be the same number of Service Directors as at present – 18 – however portfolios of service areas have changed for some roles.

The Place and Infrastructure directorate will continue with 5 Service Directors. The added Service Manager post is the Service Director – Inclusive Growth (formerly Service Director – Quality & Corporate Procurement). There are changes the Service Director Planning and Development- which becomes the Service Director Planning and Sustainability. The removed Service Director post is the Service Director – LLAL.

The Public Health directorate will continue with 3 Service Directors. The added Service Director post is the Service Director – Adult Social Care. There are changes to the Service Director – Adult Social Care role, with the addition of the Quality team. The removed Service Director post is the Service Director – Quality & Corporate Procurement. It is proposed that the Corporate Director title change to Corporate Director of Wellbeing and Public Health.

The DASS role can either sit at either CD, or SD level, and proposals for both options will be considered. The DASS is currently held on a temporary basis by the Service Page 90 of 126 Director for Adult Social Care. It is not proposed that the holding of the DASS role attracts an additional payment–which is different to the current temporary arrangements.

The People directorate decreases to 3 Service Directors with the removal of the Service Director - Adult Social Care post.

For the purposes of clarity, the changes in the recent OCA referred above were as follows:

The proposed newly created Airport directorate has 1 Service Director. The Service Director – LLAL post. There is no change to the Service Director – LLAL role.

The Customer and Commercial directorate has increased from 4 to 5 Service Directors. The added Service Director post is the Service Director – Transformation & Technology. There is no change to any of the five Service Director roles in this area.

The Chief Executive’s directorate decreases to 1 Service Director – Policy, Communities & Engagement. There is no change to the Service Director – Policy, Communities & Engagement role. The Chief Executives responsibilities increase from 4 Corporate Directors to 5.

2.1 Vision for the Organisation and its services The Vision for this OCA is to enable a refocusing of organisational capacity on our current Strategic Issues.

The drivers behind this OCA are: • Children’s Social Care improvement and the need for more leadership capacity to increase the pace of improvement- as confirmed by the Ofsted review of 9/10th May. • A refocusing of all of the activities of the organisation on eradicating poverty- with a corporate lead for driving inclusive growth, being the Service Director Inclusive Growth. • Having more corporate focus on the Environment and Sustainability through making the SD Planning and Sustainability the Corporate Lead. • Delivering more capacity to the Service Director Planning and Sustainability to drive the quality improvements within the Planning Team. • Realignment of the Procurement team around a Local Wealth Building approach. Local Wealth Building involves proactive and detailed engagement of local businesses so more closely aligns with Economic Growth and Skills under an Inclusive Growth banner. • A need to balance out the responsibilities of the Corporate Directors: • Opportunity to benefit from closer working of Health and Adult Social Care • Parity of remuneration between the Service Directors

Page 91 of 126 2.2 Agile Working All posts need to be able to operate remotely and flexibly to work effectively. This includes the ability to work from home and from other Council offices. All employees affected by this review are responsible for visible leadership in connection with the Council’s move towards reducing its estate and increasing agile working.

3. Existing Structures

The existing Senior Management structure can be seen at Appendix 2.

4. Proposed structures

The proposed Senior Management structure can be seen at Appendix 3.

5. Employees affected by the proposal(s)

The employees affected by the proposals are listed below:

Grade Current Propose Current Post Title FTE d FTE Corporate Director People Corp Dir 1.00 1.00 Corporate Director Place & Infrastructure Corp Dir 1.00 1.00 Corporate Director Public Health, Commissioning & Corp Dir 1.00 1.00 Procurement (becoming the Corporate Director Corporate Director of Wellbeing and Public Health) People Service Director, Adult Social Care HoS 1 1.00 1.00

PHC&P Service Director, Quality & Procurement HoS 1 1.00 0

Place Service Director Inclusive Growth HoS1 1.00 Place Service Director Planning and Development (becoming HoS 1 1.00 1.00 the Service Director Planning and Sustainability) PHC&P Service Manager Quality Assurance and Care Placement M5 1.00 1.00 PHC&P Service Manager Commissioning Support Team M3 Vacant 1.00 Place Service Manager Economic Growth and Skills M7 1.00 1.00

TOTALS 8 FTEs 8FTEs

The Council’s Organisational Change Procedure does not apply to Service Directors or Corporate Directors. However, it is intended to use the broad principles of the Council’s Organisational Change Procedure throughout this process

The format for senior management job descriptions / person specifications was thoroughly reviewed during the previous re-organisation in 2011/12 and is considered largely fit for purpose. Page 92 of 126

The Corporate Director – Airport role was evaluated at a JE panel on 7th May. The Service Director - Inclusive Growth role will be evaluated at a JE panel during the consultation period.

A few roles in the proposed structure show slight changes to the portfolio of service areas for existing post holders or a change to reporting lines but are otherwise unchanged. In these circumstances, subject to the finalised new job description / person specification and the extent of the changes, it is hoped that minor changes of this nature can be agreed with post holders. Member approval for the new structure, including these changes will be required at Full Council.

Changes to job descriptions / person specifications – job matching A role in the proposed structure shows clear changes to the portfolio of service areas for the existing post holder that cannot be regarded as ‘minor’. In these circumstances, subject to the finalised new job description / person specification and the extent of the changes, interviews may not be required. A process of ‘job matching’ will be undertaken by the Chief Executive, assisted by Human Resources. This process will be conducted in line with the broad principles of the Council’s Organisational Change Procedure. Agreed ‘job matches’ will result in a ‘Slot-in’ process, again in line with the broad principles of the Council’s Organisational Change Procedure. Member approval for the new structure, including ‘Slot-ins’ will be required at Full Council.

Post deletions / Post creations The proposals contain sufficient roles for all existing Corporate Directors and Service Directors to be accommodated. It is not anticipated that any redundancies will arise.

6. Risks

It is expected that good service delivery will be maintained throughout this review.

Any risks to service delivery, resulting from employees’ uncertainty around their employment will be mitigated by clear and regular communication to the affected group and through 1 to 1 meetings with those affected.

Failure to implement a new management structure will restrict the Council’s ability to rise to future challenges and to tackle its priorities for the local community.

Training, Development and support for the CD PH,ASC & C may be required to enable the postholder to step into DASS role, if this is the outcome of the consultation.

7. Consultation and next steps

The broad principles of the Council’s Handling Organisational Change procedure will be used throughout the process.

Page 93 of 126 Formal consultation start date 4th June 2019

Formal consultation end date 3rd July 2019

During the period of formal consultation:

. All affected employees will have a one-to-one meeting.

. Continual and open dialogue on further suggestions and ideas to arrive at the best proposals for change given the circumstances in which the Council finds itself are encouraged.

. Comments / suggestions during consultation can be sent to the Chief Executive. Each email received will be logged and a response provided.

. The new Job Description for Service Director, Inclusive Growth will be made available during consultation

. Trades Unions will be involved throughout

. Consultation will include opportunities for key stakeholders to give their comments on the proposal(s).

. We will report to Full Council on 30th July 2019 (Admin & Regulation on 17th July 2019) with the final service proposals. Subject to Full Council’s decision the implementation of changes will commence immediately thereafter.

8. Implementation

Implementation will be in line with the broad principles of the Council’s Handling Organisational Change procedure, as outlined above.

A draft implementation plan will be developed towards the end of formal consultation, once the final proposal(s) likely to be presented to Committee become clear. The draft plan can be amended at any point, as a result of formal consultation or Committee decision.

The final implementation plan will be circulated following the publication of Full Council’s decision. In general, implementation will commence immediately.

Human Resources will advise on technical/procedural aspects of implementation plans.

9. Employee Support

Changing times can often be difficult. A confidential advice service is available for all council employees and provided by Health Assured. This service is entirely

Page 94 of 126 independent and offers information, counselling and life management support on a range of matters including employment, legal and financial. You can contact the helpline 24 hours a day, 7 days a week on:

0800 030 5182

Support is also available from the Luton Town Centre Chaplaincy. The Town Chaplaincy Team offers a confidential, independent, non-judgemental listening ear to anyone regardless of faith or no faith. The Town Chaplains are available between 12-2pm Monday, Tuesday and Thursday at Luton Town Hall. The Team can also be contacted on the following numbers:

01582 545037 07528 498677 07557 686218

Further information from www.lutontcc.org.uk or email [email protected]

Appendices

1. Existing Structure 2. Proposed Structure 3. Service Director, Inclusive Growth Job Description and Person Specification

Page 95 of 126 Draft for Conversation

Proposed Organisational Chart –Phase 2

Chief Executive Claire Astbury LBC and LLAL Service Director, Policy , Communities & Engagement

Email : [email protected] Email : [email protected]

Laura Church Amanda Lewis Nicola Monk Proposed Gerry Taylor Corporate Director Corporate Director, Interim Corporate Director Corporate Director Airport Corporate Director Place and Infrastructure People Customer & Commercial Public Health, Commissioning Email : [email protected] and Adult Social Care [email protected] [email protected] [email protected] [email protected]

Page 96 of 126 03/07/2019 Proposed Phase 2 Top Tiers charts by department 31 05 19 Amanda Lewis Corporate Director, People Tel : 01582 548400 Email : [email protected] PA : Georgia Jeycock 01582 548204 Email : [email protected]

Adesua Osime Gerard Jones John Wrigglesworth Interim Service Director, Operations, Interim Service Director, Quality, Service Director, Education, Support, Statutory Social Work Services and Early Improvement and Practice Innovation Challenge & Intervention Help and Prevention Tel : 01582 547502 Tel : 01582 548007 Tel : 01582 548006 Email: [email protected] Email : Email : [email protected] [email protected]

Denise Goodwin Steph Cash Senior School Improvement Adviser Family Safeguarding Service Manager Flying Start & Healthy Child Programme Caroline Dawes Service Manager

Nick Chamberlain Senor Education Officer Early Help Service Manager David Collins Debbie Craig Youth Offending Service Manager

Kate Burchell Senior Education Welfare Officers SEN & Disability Service Manager Glen Denham Head of Strategic Safeguarding, QA & Practice Development SEN Manager Dharmesh Vyas Davina Stubbs MASH Interim Service Manager

Teresa Gallagher Corporate Parenting Service Manager

03/07/2019 Page 97 of 126 Proposed Phase 2 Top Tiers charts by department 31 05 19 Gerry Taylor Corporate Director, Public Health, Commissioning and Procurement Tel : 01582 548448 Email : [email protected] PA : Jane Glenister 01582 548440 Email : [email protected]

Stephen Gunther Lucy Hubber Maud O’Leary Service Director, Healthcare & Adults’ Service Director, Healthy Lives and Service Director, Adult Social Care Commissioning Children’s Integrated Commissioning Tel : 01582 547503 Tel : 01582 548450 Tel : 01582 548439 Email : [email protected] Email : [email protected] Email : [email protected]

Susan Carter Catherine Barrett (secondment) Vamsi Pelluri Commissioning Service Manager Commissioning Manager Assessment Enablement & Support Care Service Manager Matthew Hudson Suliman Rafiq (secondment) Integrated Commissioning Manager Ian Hillsden Senior Public Health Manager Learning Disability & Autism Service Patsy Richards Manager Senior Public Health Manager Suzette Alleyne Vacant Vacant Reablement & Support in the Commissioning Support Manager Early Help Programme & Community Service Manager Partnership Manager Marilyn George Integrated Operations Manager

Sam Parker Strategic Safeguarding Manager

Danielle Davies Principal Social Worker

Darren Lelliott Quality Assurance & Care Placement Manager

Page 98 of 126 03/07/2019 Proposed Phase 2 Top Tiers charts by department 31 05 19 Laura Church Corporate Director Place and Infrastructure Tel : 01582 546433 [email protected] PA : Carol Quinn 01582 546025 [email protected]

Sue Frost Roger Kirk Sarah Hall Dale Phillipson Alex Constantinides Service Director Service Director, Service Director, Service Director Inclusive Service Director, Public Realm Planning and Development Property & Construction Public Protection Growth [email protected] [email protected] [email protected] [email protected] Tel : 01582 546201 Ext: 7282 Ext: 6329 Ext: 8268 Ext: 7283 [email protected]

Karen Amos Laurence Pratt TBC Vicky Hawkes Catharine Southern Business Development & Service Highways Development Control Strategic Regulatory Manager – Corporate Procurement Service Improvement [email protected] @luton.gov.uk Neighbourhood Delivery Manager [email protected] Ext: 6047 Ext: 6499 [email protected] [email protected]. Ext: 6153 Ext: 6159 uk Shaun Askins Steve Lain Mark Davie Strategic Waste & Passenger Tony Ireland Debbie Poole-Hunt Interim Strategy & Sustainability Strategic & Commercial Assets Transport Strategic Regulatory Manager - Economic Growth & Skills [email protected] [email protected] [email protected] Authorisations Debbie.poole- Ext: 6992 Ext: 6342 Ext: 6807 [email protected] [email protected] Ext: 6416 Ext: 8419 Alex Greene Toby Maloy Operational Street Scene & Dave Stevenson Project Design & Delivery Bereavement Services Strategic Regulatory Manager – [email protected] [email protected] Specialist Operations Ext: 7148 Ext: 6888 [email protected] Ext: 6186 Neil O’Connor Paul Hutchings Facilities Management & Fleet Transport Unit Compliance Services [email protected] Neil.o’[email protected] Ext: 6879 Ext: 6348

Richard Morgan Property Investment & Acquisition [email protected] Ext: 7074

Manoj Dave Interim Building Control Manager [email protected] Ext: 6333 Page 99 of 126 03/07/2019 Proposed Phase 2 Top Tiers charts by department 31 05 19 Corporate Director, Customer & Paul Brogan Commercial Commercial Development Manager Tel : 01582 548205 Tel : 07712 696511 Email : Email: [email protected] PA : Claudia Young 01582 547399 Email : [email protected]

Angela Claridge Anne Davies Andrew Williams Sharon Harte-Andrews Service Director HR , and Monitoring HR Business Mgr.., Strategy HR Business Manager, (Business Support HR Business Mgr., HR Operations Officer Tel : 01582 546291 Legal : Property Group Legal : Social Services Group Legal : Litigation Group Email : [email protected] Kemi Onakoya Parveen Begum Rajesh Popat

Dev Gopal Service Director Finance & Audit and S151 Officer Tim Lee Atif Iqbal Darren Lambert Scott Walker Mark Turner Kanchan Vasisht Tel : 01582 546087 Principal Accountant Finance Business Finance Business Email : [email protected] Partner Partner Chief Accountant Airport Client Manager Audit Manager

Nikki Middleton Interim Service Director, Revenues, Benefits, and Customer Service Clive Jones Michael Loughran Tel : 01582 547094 Email : [email protected] Income Manager Customer Services Manager

Patrick Odling-Smee Service Director, Housing Tel : 01582 546202 Claire Astbury Darren Alexander Tim Keogh Sarah Markham Email : Patrick.odling- Head of Housing Strategy & [email protected] Development Head of Housing Needs Head of BTS Head of Housing Operation

Proposed Aidan Wilkie Service Director, Transformation & Technology Leigh Jolly Adam Divney Zoe Bulmer Victoria Keogh Shaj Chowdhury Tel : 01582 547952 Strategic Technology ICT Performance and Business Intelligence Strategic Digital Transformation Email : [email protected] Manager Contracts Manager Manager Services Manager Programme Manager

Page 100 of 126 03/07/2019 Proposed Phase 2 Top Tiers charts by department 31 05 19 Proposed Corporate Director, Airport Tel : 01582 xxxxxxxx Email : [email protected]

Anita Gackowska Service Director, LLAL Tel : 01582 548769 Email : [email protected]

Gary Collins Ian Otter Antony Aldridge Michelle Griffith LLAL Strategic Development Manager Strategic Development Manager LLAL Strategic Development Manager Business Development & Service (East) Improvement Manager

Page 101 of 126 03/07/2019 Proposed Phase 2 Top Tiers charts by department 31 05 19 Chief Executive LBC and LLAL Tel : 01582 546015 Email : [email protected] PA : Sara Farr 01582 546025 Email : [email protected]

Claire Astbury Service Director, Policy , Communities & Engagement

Sinead McNamara Partnership & Programme Manager Luton Investment Framework

Ann Loeffler Business & Member Support Manager

Debbie Janes Democracy Manager

Adam Kearney Strategic Communications and Marketing Manager

Sandra Hayes Service Manager, Strategic Community Services

Sarah Pinnock Prevent Coordinator

Page 102 of 126 03/07/2019 Proposed Phase 2 Top Tiers charts by department 31 05 19 *may be direct reports to Adam Kearney APPENDIX B

JOB DESCRIPTION

TITLE: Service Director - Inclusive Growth

POST NO:

DEPARTMENT: Place and Infrastructure

RESPONSIBLE TO: Corporate Director–Place &

Infrastructure

Service Director Grade: SD1

MISSION: Enabling Luton to be proud, vibrant, ambitious and innovative.

PORTFOLIO; • Corporate Procurement • Economic Development • Skills Development and Community Learning • Inclusive Growth

Key areas of focus will be:

Better Work & Jobs — ensuring more Luton work is good work, paying a living wage, supporting people in unstable temporary work to progress, and ensuring more jobs offer quality, fairness, flexibility and equality - with key anchor institutions leading the way;

Increasing the impact of local investment and economic growth on social and environmental well-being, civic pride and opportunities for local people. This includes channelling more and more of the ‘Luton pound’ spent by anchor institutions directly into our local economy and growing the social economy.

ORGANISATION CHART:

Service Director, Inclusive Growth

Service Manger Service Manager Corporate Economic Growth and Procurement Z:\Jayne\Org\HOS\Revised SD Jan16\Feb Revisions\CPH SD Community Living Feb16.doc Skills Date JD last reviewed: April 2011 & Mar 16: JE Panel date:09/03/16 : Page 103 of 126

KEY ROLE OF LUTON SERVICE DIRECTORS

Leader: As a member of Luton Borough Council’s Senior Management Team you are responsible for the visible leadership of the Council’s staff, with particular focus on those areas under your direct control. You will contribute to the delivery of the Council’s objectives through your systems and thought leadership, acting at all times in an exemplary fashion consistent with the Council’s core values and ethos.

Management: As a member of Luton Borough Council’s Senior Management Team you are responsible for the active management of resources assigned to you, ensuring that at all times you manage the people, finance and assets under your control consistent with the expeditious delivery of the Council’s Corporate Plan, and with delivery of best value for the residents of Luton.

Performance: As a member of Luton Borough Council’s Senior Management Team, you are to relentlessly drive performance within the areas under your direct control, to deliver optimum balance between performance, quality, cost and productivity consistent with the Council’s agreed performance standards and Corporate Plan.

KEY OBJECTIVES:

To support the Corporate Management Team and the Council in formulating and delivering the Borough Council’s strategic policy agenda for fulfilling its Community leadership role.

To provide the leadership and vision for the activities as defined in that attached portfolio and deliver service outcomes. Motivate staff to deliver high levels of performance and to develop their full potential.

Advise the Corporate Director, Executive and Council on all aspects of the services the post holder is responsible for and support the administration in the delivery of its priorities.

From time to time, the areas under your direct control may vary on a temporary or permanent basis. When this occurs, the relative job size will remain within the parameters of the grade for your role, as assessed through the Council’s job evaluation scheme for Service Directors/Corporate Directors. Any changes will be subject to consultation with you, in the usual way and in line with the Council’s constitution for appointment to Service Director / Corporate Director roles.

To commission the delivery of integrated, accessible, high quality services to local people and to bring about continuous improvement year on year.

To act as a champion and lead on one or more specified themes within the Z:\Jayne\Org\HOS\Revised SD Jan16\Feb Revisions\CPH SD Community Living Feb16.doc Date JD last reviewed: April 2011 & Mar 16: JE Panel date:09/03/16 : Page 104 of 126 Council’s Corporate Plan, to ensure their development across all aspects of the Council’s services.

As required, to work in partnership with Elected Members and a variety of stakeholders to secure joined up working and look after local interests.

To act as an “ambassador” for and to promote the Council locally, regionally and nationally.

To ensure the Council meets its statutory obligations and that the highest standards of probity and good conduct are maintained at all times.

KEY ACCOUNTABILITIES

Strategic Management

To make an active and positive contribution to the Council’s strategic plans and policies, as well as to the process of implementing cultural change and organisational development and facilitate the creation of a common purpose across the organisation, by working across cross cutting areas collaboratively as a member of the Senior Management team.

To take collective and strategic responsibility for ensuring that the Council’s decisions and policies are implemented.

To implement the Council’s modernisation agenda, by providing support at all levels and by promoting the active participation of local people in the Council’s affairs.

To seek innovative and creative solutions to meeting the Council’s need to bring about change and improvement within finite resources.

To promote equality of opportunity and access in service delivery and in the employment of staff.

To communicate the Borough’s vision, the Council’s mission, priorities, objectives, and processes effectively, both internally to staff and externally to partners, agencies and the public.

To lead by example by promoting at all times the Council’s ethos and values. Service, Quality and Performance Management

To ensure a strong vision for the service areas under your control which delivers ambitious, innovative and forward thinking approaches. Ensure the work of services is high quality and achieves its objectives, by effective performance and risk management, and strong operational and strategic financial management.

To ensure the formulation, implementation, monitoring and evidence based evaluation of statutory and non-statutory service and business plans for each of your service areas, developing innovative strategies that will ensure the achievement of planned outcomes. Identify, analyse and respond to changing trends, patterns of demand and performance

Z:\Jayne\Org\HOS\Revised SD Jan16\Feb Revisions\CPH SD Community Living Feb16.doc Date JD last reviewed: April 2011 & Mar 16: JE Panel date:09/03/16 : Page 105 of 126 issues, as required.

To ensure that service delivery and planning takes account of, and is benchmarked against, national and local performance indicators and contributes to the objectives and targets set out in the Council’s Corporate Plan and your Service Plan.

Ensure the embedding of a digital focus applied across the whole of the way we work, in service plans and outcomes.

To put in place effective arrangements for agreeing personal targets for all staff within your service area and for regularly appraising and reporting on their performance as required by the Council’s Personal Performance Appraisal (PPA).

Contribute to the leadership of the organisation, ensuring a high calibre, motivated and effective and empowered workforce, and one that is nurturing the leaders of the future. Acknowledge good performance and tackle poor performance positively and effectively.

To identify and provide opportunities for meeting the professional development needs of senior managers within the Directorate.

To be accountable for personal performance, through meeting agreed personal targets and through undertaking planned programmes of professional development.

To be accountable for ensuring the highest standards of health and safety across the Council and, more specifically, within areas under your direct control.

Resource Management

To regularly review and evaluate the resource requirements of your services, in terms of both maintaining essential service delivery and proactively bringing about improvement, development and efficiency.

To ensure the efficient and imaginative management of all resources within budget (staff, finance, property and information), in support of the Council’s agreed targets for service delivery, outcomes and improvement for cost reduction and service efficiency.

To demonstrate an entrepreneurial approach to identifying and pursuing as appropriate, all additional sources of funding or other resources, which could be used to augment those provided by the Council, ensuring that any special accounting or evaluation requirements involved are complied with, and are fully compliant with the Council’s financial regulations.

To work closely with other agencies and partners to improve the impact of the way in which budgets are spent and resources are allocated.

Represent the Council by promoting its image and reputation on a National and Regional stage, helping to influence national and regional policies and strategies in the post holders’ area and across the Council areas. Z:\Jayne\Org\HOS\Revised SD Jan16\Feb Revisions\CPH SD Community Living Feb16.doc Date JD last reviewed: April 2011 & Mar 16: JE Panel date:09/03/16 : Page 106 of 126

Lead by example in championing and furthering equality and diversity within the workplace and in the delivery of service outcomes.

Partnership Working and Communication

To develop and maintain the wider networks and partnerships the Council needs to deliver its community leadership.

To actively foster and develop positive relationships with all local agencies and partners, including the voluntary sector and local business, as well as with other statutory bodies at regional and national levels.

To develop and implement effective arrangements for formal consultation, with local agencies and partners and with the public, on service planning and delivery issues to ensure a strong and effective voice for residents and service users in the shaping and improvement of services and strategies.

To contribute to the Council’s Corporate Communication Strategy, which includes maintaining positive relationships with the media, dealing with and responding to enquiries and taking advantage of public relations and media opportunities as appropriate.

Z:\Jayne\Org\HOS\Revised SD Jan16\Feb Revisions\CPH SD Community Living Feb16.doc Date JD last reviewed: April 2011 & Mar 16: JE Panel date:09/03/16 : Page 107 of 126 PRINCIPAL SPECIFIC RESPONSIBILITIES: ANNEX A

• Corporate Procurement • Economic Development • Inclusive Growth • Skills and Community Learning

This role is pivotal to the Council’s ambitions to build wealth and prosperity to eradicate poverty and its causes in Luton.

Bringing together resources for economic development, inclusive growth, skills, and harnessing the leverage of the Council’s procurement activities, this post will drive forward strategies to stimulate sustainable growth and prosperity.

The postholder will:

• Identify opportunities for all aspects of economic development in Luton and the wider geographical area; • develop and maintain key strategic partnerships across public and private sector organisations to secure inward investment and growth and wider community outcomes; • take a leading role in the development and delivery of major programmes and projects to deliver the Inclusive Growth Commission and related economic development aspirations; • encourage the increase of local suppliers to tender for contracts with the Council and employ local people wherever possible; • champion approaches to maximise social value through the Council’s procurement activities; and • ensure the Council’s visible community leadership in economic development and the achievement of a prosperous town.

DIMENSIONS:

Supervisory Management: Resources: c.63 ftes.

Financial Resources: TBC

Other: Physical Effort; n/a. Working Environment; n/a

Z:\Jayne\Org\HOS\Revised SD Jan16\Feb Revisions\CPH SD Community Living Feb16.doc Date JD last reviewed: April 2011 & Mar 16: JE Panel date:09/03/16 : Page 108 of 126 Person Specification (including key competencies) ANNEX B

This acts as selection criteria and gives an outline of the types of person and the characteristics required to do the job. Essential (E) :- without which candidate would be rejected Desirable (D):- useful for choosing between two good candidates.

Please make sure, when completing your application form, you give clear examples of how you meet the essential and desirable criteria. Attributes Essential Criteria and Competencies How Desirable How Measure Measur d ed Experience Successful track record and background 1,2 In-depth experience of 1, 2 of consistent achievement as a senior working within a complex manager including strategic management people centered of transformation programmes, organisation preferably a operational performance and financial large part of experience budgets. being within an urban, multi-ethnic community Demonstrable experience of effective working with a broad range of partners 1,2 and stakeholders from the community, Government and businesses.

Substantial experience of 1,2 working within local government with demonstrable knowledge of and empathy with the legislative impact of government policy, professional disciplines and of taking responsibility for adult safeguarding practices and quality standards particularly in procured services.

Substantial experience of 1,2 developing and managing multi-disciplinary projects in partnership with others

Experience of developing 1,2 and engaging the community in consultation on strategy and project development with demonstrable high quality outcomes.

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Extensive experience of developing strategic and 1,2 local policies to procure and deliver cost effective, quality solutions to the wellbeing needs of the population.

Key Partnership & Community Working 2 Understanding of political Competences Able to work effectively with partners and perspectives, the ability to the community demonstrating drive and work with members. Skills/ passion to understand and achieve joint Demonstrate a national and Abilities goals and objectives, sharing information local political awareness and and valuing others experience and knowledge. expertise.

People Management 2 Able to manage and develop individuals and teams, including recruitment and selection, work planning, work allocation, appraisal and development, performance, motivation and leadership.

Visible Leadership 2 Able to provide visible and visionary leadership that inspires employee’s to meet organisational challenges and maximises employee’s personal potential.

Problem Solving & Decision Making 2 Able to grasp and comprehend a situation, it’s component parts and implications, and find and organise practical and effective resolutions by making and acting on sound decisions.

Vision setting Strategic thinking and 2 planning Able to stand back and consider the strategic ‘bigger picture’ including setting the long term plan and delivering the vision for the way forward.

Leading Change and Driving 2 Performance Able to lead and manage change through all levels of the organisation to achieve improved performance.

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Commissioning Procurement 2 Able to procure and commission products, equipment, services, systems and facilities.

Financial Management 2 Able to undertake (non-professional) financial/budget/cost centre management including, at the highest level, divisional/departmental/strategic financial management. 2 Commercial Awareness Able to understand and apply business and commercial principles to the service, considering costs, profits, markets and added value.

Equality Demonstrable knowledge and 1, 2 Issues understanding of equality issues and legislation and, in particular, how they impact on work with communities - able to integrate equality policies into business plans, strategies, service delivery and employment practices.

Specialist Understanding of the complex factors 1,2 Knowledge and experience 1,2 Knowledge underpinning poverty and deprivation and of economic development strategies for effective interventions. strategies

Education Educated to post Graduate level or and Training equivalent. Professionally qualified in 1,2,4 a relevant discipline.

Evidence of continued professional managerial 1, 2, 4 and personal development Other Able to attend meetings outside office 1, 2 Requirements hours and work in other activities at weekends and in the evening.

(1 = Application0 Form 2 = Interview 3 = Test 4 = Proof of Qualification 5 = Practical Exercise)

Z:\Jayne\Org\HOS\Revised SD Jan16\Feb Revisions\CPH SD Community Living Feb16.doc Date JD last reviewed: April 2011 & Mar 16: JE Panel date:09/03/16 : Page 111 of 126 We will consider any reasonable adjustments under the terms of the Equality Act 2010 to enable an applicant with a disability (as defined under the Act) to meet the requirements of the post.

The Job-holder will ensure that Luton Borough Council’s policies are reflected in all aspects of his/her work, in particular those relating to; (i) Equal Opportunities (ii) Health and Safety (iii) GDPR 2018

Luton Borough Council - Competency Framework ANNEX C (available on request from HR)

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AGENDA ITEM

9 COMMITTEE: Administration & Regulation

DATE: 17th July 2019

SUBJECT: Catering and Finance Organisational Assessment

REPORT BY: Atika Chowdhury

CONTACT OFFICER: Donna Obembe

IMPLICATIONS:

LEGAL X

EQUALITIES X

FINANCIAL X

STAFFING X

WARDS AFFECTED: NONE

PURPOSE

1. This report seeks the approval of the Administration & Regulation Committee to implement the proposals to make changes to the Accounts Payable Team in the Customer & Commercial Directorate Finance and Catering Services in the People Directorate.

RECOMMENDATION

2. Administration & Regulation Committee is recommended to approve the outcomes of the Organisational Change Assessment (OCA) outlined in this report.

BACKGROUND

3. Supplier invoices for Catering Services are currently processed manually within the service by an L3 Admin Assistant. This volume of work represents approximately 70% of the job role in question.

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4. The current IT provider for the Council’s accounts payable software, CIVICA financials, is moving to a web based product with the next upgrade of the software. This will have significant implications for the current catering services method of paying invoices as the web based system will not support the current process of inputting invoices manually. The system requires all invoices to be scanned via an intelligent scanner; therefore, for catering to still process their invoices directly they would need to invest in a scanner, a dedicated desktop computer and training as they would no longer be able to input the invoices.

5. A recent internal audit report identified that catering are the only area outside of accounts payable that have direct access to input their own invoices for payment. The report identified that this created a level of risk. The risk would be increased via scanning as the catering employee would be able to release the batches scanned without AP input; this would mean that the required corporate controls such as checking and validating VAT may not be undertaken correctly.

6. Therefore, the proposal is to align all payments through accounts payable. This will allow all catering invoices to be processed by Accounts Payable and to be scanned on to the system for payment, as is the case for all other invoices paid by Luton Council. This will ensure for the first time that all invoices across the Council are processed through the Accounts Payable team.

7. This will also ensure compliance with audit directions and improve the accuracy of the information. It should also help to minimize the risk in terms of incorrect VAT treatment and also reduce the risk of invoices being paid late.

8. In order to facilitate this additional work, Accounts Payable will require an additional full time generic Accounts Payable Officer (L4).

REPORT

9. The proposal consulted on was to delete the existing Administration Assistant L3 post within the Catering team and transfer and move this work, which will then be undertaken by an additional Accounts Payable Officer L4, within the Payments team in Corporate Finance.

10. The consultation was undertaken during the period 13th June through to 11th July 2019, with the staff outlined below.

Post title Grade FTE Headcount Vacant Administration Assistant, L3 1.00 1.00 0 Catering Total 1.00 1.00 0

PROPOSAL / OPTION

11. The proposal is to delete the existing Administration Assistant L3 post within the Catering team and transfer and move this work, which will then be undertaken by an additional Accounts Payable Officer L4, within the Payments team in Corporate Finance, Customer & Commercial, who are based in Apex House. This will allow

Page 114 of 126 greater flexibility and provide appropriate cover as this work will be undertaken in a different way going forward.

12. The employee directly affected will have a Ring-Fenced interview for the L4 Accounts Payable Officer post and be interviewed against the Critical criteria only. If successful the employee will be subject to a 4-week trial or if they were unsuccessful the employee would be at risk of redundancy, but would be placed on the Council’s Redeployment list for the duration of their notice period.

Post to be Deleted Post title Grade FTE Headcount Vacant Administration Assistant, L3 1.00 1.00 0 Catering Total 1.00 1.00 0

Posts to be created Post title Grade FTE Accounts Payable Officer L4 1.00

Total 1.00

13. The post needs to be office based as they need access to a printer, to the intelligent scanner, and the post. The Accounts Payable team also administer the Council’s petty cash and the employee will therefore also have access to the safe as they will be jointly responsible for the council’s petty cash.

EQUALITIES IMPLICATIONS / INTEGRATED IMPACT ASSESSMENT

14. Due to one employee being affected and to protect individual confidentiality an Integrated Impact Assessment has not been attached to this report.

15. Any reasonable adjustments under the Equality Act 2010 will be applied.

16. This report has been cleared by Maureen Drummond, Cohesion and Equalities Adviser on Tuesday 2 July 2019

STAFFING / HR IMPLICATIONS

17. There is 1 employee affected, the consultation commenced on Thursday 13th June 2019 which followed the joint TU/Management meeting on Wednesday 12th June 2019. The employee will be ring fenced for interview for the L4 Accounts Payable officer post. If successful the employee will be subject to a 4-week trial or if they are unsuccessful, the employee would be at risk of redundancy, but would be placed on the Council’s redeployment list for the duration of their notice period where suitable alternative employment elsewhere in the Council will be sought.

18. A formal consultation one to one meeting was held with the affected employee on 21st June 2019, with management from both Catering and Finance and a Trade Union representative in attendance. The proposal was explained and understood by the employee and no changes to the proposal have been put forward. Page 115 of 126

19. This report has been cleared by Angela Claridge, Service Director of HR Monitoring Officer on Tuesday 2 July 2019

FINANCIAL IMPLICATIONS

20. As follows:

Post being deleted Grade Cost Administration Assistant, Catering L3 24,957

Post being Created Accounts Payable Officer L4 2 5,480 Additional costs 523

21. The additional cost will be contained within the overall budget of the finance service.

22. There is a risk of redundancy if the affected employee is unsuccessful at interview for the new Accounts Payable Officer post, or do not find alternative suitable employment through redeployment. Any redundancy cost would be a one-off cost to the Council

23. This report has been cleared by Dev Gopal, Service Director of Finance on Tuesday 2 July 2019

LEGAL IMPLICATIONS

24. Consultation has been carried out in line with corporate guidelines for organisational change assessment procedures. There is the risk of one redundancy which may result in an internal appeal to officers and the Council may also need to deal with any potential Employment Tribunal proceedings.

25. This report has been cleared by Jasbir Josen, Senior Solicitor in Legal Services on Tuesday 2 July 2019

APPENDIX

Appendix 1 – OCA

LIST OF BACKGROUND PAPERS

LOCAL GOVERNMENT ACT 1972, SECTION 100D

None.

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Handling Organisational Change Organisational Change Assessment

Transfer of Catering payments function to the Accounts Payable team, Corporate Finance, Customer & Commercial

1. Purpose

• To set out proposals to make changes to the way payments are made in relation to the LBC Catering department, to move this function to the Accounts Payable team within Corporate Finance department, Customer & Commercial due to technological changes and to improve efficiency. • To outline the timetable for formal consultation with affected employee and stakeholders and confirm the date of the Administration and Regulation Committee when the final proposals for the changes will be considered. • DMT have given their support for the proposals to be considered for consultation

1.1 Background and context

Supplier invoices are currently manually processed by an L3 Admin Assistant. This volume of work represents approximately 70% of the job role in question.

Luton accounts payable current IT provider, CIVICA financials, is moving to a web based product with the next upgrade of the software. This will have significant implications for catering services method of paying invoices. The web based system will not support the current way of inputting invoices manually. The system requires all invoices to be scanned via an intelligent scanner; therefore, for catering to still process their invoices directly they would need to invest in a scanner, a dedicated PC and training as they would no longer be able to input the invoices.

Also it was identified by audit that catering are the only area outside of accounts payable that have direct access to input on Creditors. This comes with a level of risk. The risk is increased via scanning as they would be able to release the batches scanned without AP input.

Therefore, the proposal is to align all payments through accounts payable. This will allow all catering invoices to be processed in AP and these will be scanned on to the system for payment, as is the case for all other invoices paid by Luton Council.

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This will also ensure compliance with audit directions and increase the accuracy of the information.

In order to facilitate this additional work AP will require an additional full time generic Accounts Payable Officer (L4).

The council is legally obliged to inform and consult, at the earliest opportunity, the Trades Unions and all employees whose jobs and/or terms and conditions of employment are affected. This will be carried out by Service Managers, who will be advised by HR.

1.2 Scope

The scope of this employee brief is:

• The Finance/Administration team within the LBC Catering service are affected

• The Administration Assistant L3 is the only employee directly affected, but the Catering Accounts & Administration Manager M2’s role will need to be reviewed, as a result of work diminishing once transferred to the Finance department.

2. Proposal(s)

We need your feedback about the proposal set out in this document. This is your opportunity to shape the future of the service.

Please remember that these are initial proposals only and that the final proposals will only be known once the formal consultation period has ended.

The proposals affecting staff are as follows:

Is to delete the existing Administration Assistant L3 post within the Catering team and transfer and move this work, which will then be undertaken by an additional Accounts Payable Officer L4, within the Payments team in Corporate Finance, Customer & Commercial, who are based in Apex House, town centre. This will allow greater flexibility and provide appropriate cover as this work will be done in a different way going forward.

The employee directly affected will have a Ring-Fenced interview for the L4 Accounts Payable Officer post and be interviewed against the Critical criteria only. If successful the employee will be subject to a 4-week trial or if they were unsuccessful the employee would be at risk of redundancy, but would be placed on the Council’s Redeployment list for the duration of their notice period.

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In addition, the Catering Accounts & Administration Manager M2’s role will need to be reassessed in the light of the removal of this work from the team.

Post to be Deleted Post title Grade FTE Headcount Vacant Administration Assistant, L3 1.00 1.00 0 Catering Total 1.00 1.00 0

Posts to be created Post title Grade FTE Accounts Payable Officer L4 1.00

Total 1.00

The post needs to be office based as they need access to a printer, to the intelligent scanner, and the post. The employee will also have access to the safe as they will be jointly responsible for the council’s petty cash.

3 Integrated Impact Assessment (IIA)

An IIA has been drafted but due to the small number of employees affected (up to 10 employees); this will not be made available to protect individual employees from being identified.

4. Risks

The Risks are Without the change catering could not process the invoices so the risk of non- payment of invoices would be high, which could result in late payment fines and could affect future orders from those companies. This could therefore potentially cause reputational damage to the Council.

The Invoices would then need to come to Accounts Payable and without sufficient resources this would have wider implications for the council and could impact on payments for other service areas. This would in turn lead to late payment fines.

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5. Consultation and next steps

The council’s Organisational Change Procedure will be used throughout the process.

Trade Union Management Meeting: Wednesday 12 June 2019 Formal consultation starts on: Thursday 13 June 2019 1 to 1 Meeting tbc Job Evaluation (if applicable): N/A as existing L4 JD will be used Formal consultation ends on: Thursday 11 July 2019 Administration and Regulation Committee Wednesday 17 July 2019

During the period of formal consultation:

. All affected employees will be offered a one-to-one meeting.

. Continual and open dialogue is encouraged on further suggestions and ideas to arrive at the best proposals for change given the circumstances in which the council finds itself are encouraged.

. Comments/suggestions/queries/views etc. during consultation can be emailed to [email protected] Each e-mail received will be logged and a response provided.

. Detailed documentation (including the new job description will be made available to affected staff during consultation.

. Trades Unions will be involved throughout

. Consultation will include opportunities for key stakeholders to give their comments on the proposal(s).

. We will report to the Administration and Regulation Committee on 17 July 2019 with the final service proposals. Subject to the Committee’s decision the implementation of changes will commence from the end of July 2019 and implementation is scheduled to be complete by the start of September 2019

. If applicable, formal notices of redundancy is likely to be served by the end of July 2019 at the latest.

. If applicable, dismissals are likely take effect by the end of September 2019 at the latest.

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6 Implementation

Implementation will be in line with the council’s Organisational Change Procedure.

An Outcome of Consultation document will be circulated once consultation closes

An Implementation Plan will be circulated following the publication of Committee’s decision. In general, implementation will commence immediately.

HR will advise on technical/procedural aspects of implementation plans.

7. Employee Support

Changing times can often be difficult. A confidential support service is available to staff through Health Assured Limited they can be contacted on 0800 030 5182 OR via www.healthassuredeap.com, Username = Luton, Password = Council.

Careers support, advice and information is available from the National Careers Service. You can contact them on 0800 100 900 or visit their website at nationalcareersservice.direct.gov.uk

01582 545037 07528 498677 07557 686218

Further information from www.lutontcc.org.uk or email [email protected]

Page 121 of 126 AGENDA ITEM

COMMITTEE: ADMINISTRATION AND REGULATION COMMITTEE

DATE: 17 JULY 2019

SUBJECT: ADMINISTRATION & REGULATION COMMITTEE DRAFT WORK PROGRAMME 2019

REPORT BY: SERVICE DIRECTOR HR AND MONITORING OFFICER

CONTACT OFFICER: ANGELA CLARIDGE

IMPLICATIONS:

LEGAL COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: NONE

PURPOSE

1. To enable the Administration & Regulation Committee to plan and determine its work programme for the year 2019.

RECOMMENDATIONS

2. Administration and Regulation Committee is recommended to: (i) Examine and identify possible items for future meetings of the Committee and note the items listed on the work programme; (ii) note any request for additional meetings that may arise for urgent matters which need to be heard before the next calendared meeting.

REPORT

3. The Administration and Regulation Committee is responsible for managing its work programme attached as an Appendix to this report.

APPENDIX

Appendix A – Draft Work Programme 2019

Page 122 of 126 APPENDIX A DRAFT ADMINISTRATION & REGULATION COMMITTEE WORK PROGRAMME 2019 and 2020 (TO MARCH 2020) (Future items for inclusion in the work programme shown at the end of document)

Meeting Date: 9 September 2019 Time: 6.00 pm Reminder Date: 28/8/19 Deadline for Titles: 4/9/19 Deadline for Reports submission: 10/9/19 Democracy & Scrutiny Officer: Matt Hussey

Agenda items Report Author/ Format/ Comments

Polling Districts/ Places/ Stations Review – Sam Freer/ Bert Siong Initial Report Written Report The PTU Management 4 day week proposal Shaun Askins/ Sharon Harte-Andrews/ Paul Cripps Written report Annualised Hours contracts for PTU Shaun Askins/ Paul Cripps Written report

Project Design and Delivery Team Toby Maloy Restructure - OCA Written report Work Programme 2019 Democracy & Scrutiny Officer Written report

(Standing Item)

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Meeting Date: 3 October 2019 Time: 6.00 pm Reminder Date: 5/9/19 Deadline for Titles: 12/9/19 Deadline for Reports submission: 19/9/19 Democracy & Scrutiny Officer:

Agenda items Report Author/ Format/ Comments

Equality Impacts of Redundancies between Angela Claridge/ Paul Cripps - HR April 2018 and March 2019 Written Report Polling Districts/ Places/ Stations Review – Sam Freer/ Bert Siong Final Report (tbc) Written Report (If amendments required after 9th September 2019 meeting) Model Pay Policy for Schools 2019 Nonie Benson Written Report

Work Programme 2019 (Standing Item) Democracy & Scrutiny Officer Written report

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Meeting Date: 4 November 2019 Time: 6.00 pm Reminder Date: 7/10/19 Deadline for Titles: 14/10/19 Deadline for Reports submission: 21/10/19 Democracy & Scrutiny Officer:

Agenda items Report Author/ Format/ Comments

People Plan Annual Report Angela Claridge (Written Report)

Scale of Charges 2020-2021 (TBC) Should be Tim Lee (Written Report) reported in January 2020

Scale of Charges 2020-2021 (TBC) Tim Lee Written Report (May be reported in January 2020) Work Programme 2019 Democracy & Scrutiny Officer Written report (Standing Item)

Meeting Date: 18 December 2019 Time: 6.00 pm Reminder Date: 20/11/19 Deadline for Titles: 27/11/19 Deadline for Reports submission: 4/12/19 Democracy & Scrutiny Officer:

Agenda items Report Author/ Format/ Comments

Market Supplements – Annual Report (tbc) Anne Davies Written Report Work Programme 2019 Democracy & Scrutiny Officer Written report (Standing Item)

Page 125 of 126 Meeting Date: 25 February 2020 Time: 6.00 pm Reminder Date: 28/1/20 Deadline for Titles: 4/2/20 Deadline for Reports submission: 11/2/20 Democracy & Scrutiny Officer:

Agenda items Report Author/ Format/ Comments Pay Policy Statement 2020/21 Anne Davies Written Report Gender Pay Gap Update (Backward view)/ - Anne Davies/ Angela Claridge Gender Pay Gap 2020/21 (Forward view) Written Report (This is one report) Market Supplements – Annual Report (tbc) Anne Davies/ Angela Claridge Written report (if not taken on 18 December 2019)

Scale of charges 2020-21 Tim Lee

Written report

Work Programme Democracy & Scrutiny Officer Written report (Standing Item)

Meeting Date: 31 March 2020 Time: 6.00 pm Reminder Date: 3/3/20 Deadline for Titles: 10/3/20 Deadline for Reports submission: 17/3/20 Democracy & Scrutiny Officer:

Agenda items Report Author/ Format/ Comments

Work Programme Democracy & Scrutiny Officer Written report (Standing Item)

Items to be programmed on the work programme:

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