Agenda and minutes

Apologies for absence were received from Councillor Akhtar.

The Chair agreed to accept an Item of Business, Family Hubs and Start for Life Programme as a matter of urgency in accordance with S.100 B (4) of the Local Government Act 1972; Urgent Cabinet approval was required to enable the Council to ensure the programme could start as soon as possible and the decision could not reasonably wait until the next Cabinet meeting.

The Item was considered at Item 13 of the agenda.

There were no public questions received.

RESOLVED – That the minutes of the Cabinet meeting held on 12^th December 2022 be approved.

Report to follow

Consideration was given to a report of the Executive Director, Place and Economic Growth, which sought to update the Cabinet on the present position of Site A Princes Gate, the current market conditions and future options.

The Council had received notification from Lidl that the changing market conditions in the hotel and leisure sector had resulted in them no longer being able to deliver the contracted agreement at the town centre site.

Subsequently, Lidl and the Council had agreed to progress a mutual surrender and termination of the existing agreement (between Oldham Council and Lidl UK GmbH dated 27th February 2019) reflecting the current market conditions.

Options/ alternatives considered

Option 1- Mutual surrender/termination of the agreement.

Option 2 - Unilateral termination by the Council.

Option 3 - Agree a variation of the existing contract. However, this was not

considered a viable option.

RESOLVED – That the Cabinet would consider the commercially sensitive information at Item 15 before making a decision.

Consideration was given to a report of the Director of Environment which sought approval to award a new bulky waste collection and local welfare provision (LWP) contract to start 1^st April 2023.

It was reported that the new contract was an attempt at combining two Council services, which were currently being operated under separate contracts.

The main aim of the new contract would be to develop financial and resource efficiencies whilst at the same time maximising the flow of bulky collected pre-loved furniture and white good items into the LWP scheme. The new contract would improve the Council’s ability to help and support the needs of vulnerable residents (in furniture poverty) when trying to establish or maintain a home in the borough.

Options/alternatives considered

Option 1 – To approve a new combined bulky collection & LWP contract be entered into with FRC (Bulky Bob’s).

Option 2 – To not award FRC a new contract and undertake a new procurement process with the aim of awarding two new separate contracts. There are no perceived operational benefits to this model.

Option 3 – To not award FRC with a new contract and continue as we are. This is not a viable option as both the current Bulky and LWP contracts require renewal and due to the costs associated, compliant contracts are required.

RESOLVED – That the Cabinet would consider the commercially sensitive information contained at Item 16 before making a decision.

Consideration was given to a report of the Director of Finance which presented to the Cabinet the Council Tax Tax Base and provisional Non-Domestic Rates (NDR) Tax Base forecast for 2023/24 which would underpin the forthcoming Council Budget and Medium-Term Financial Strategy scheduled for consideration at Budget Council on 1 March 2023.

The report also sought delegated authority to finalise the 2023/24 Non-Domestic Rates (Business Rates) forecast to reflect up to date Non-Domestic Rates details to be submitted to Central Government via the annual NNDR 1 return by the statutory deadline of 31 January 2023.

The technical report provided information on the Council Tax Tax Base for 2023/24 using the most up to date valuation list and all other information and estimates available.

The total number of chargeable properties included in the Council Tax Tax Base calculation in Oldham for 2023/24 was 95,980. This figure was reduced to 87,000 after allowing for discounts and exemptions and translated to the equivalent of 69,175.3 Band D properties. After applying adjustments for the Local Council Tax Support scheme offset by the additional charging for empty properties and an anticipated increase in the number of properties to be included in the valuation list over the forthcoming year, the number of Band D equivalent properties reduced to 60,465.1. The final Tax Base after the application of the anticipated collection rate of 96.75% was 58,500 which was an increase of 1,050 when compared to the Council Tax Tax Base for 2022/23 of 57,450.

The 2023/24 Tax Bases for Saddleworth and Shaw and Crompton Parish Councils of 8,952 and 5,615 respectively, had been calculated using the same methodology.

Statute requires local Billing Authorities to prepare and submit to the Department of Levelling Up, Housing and Communities (DLUHC) a locally determined and approved Business Rates forecast through the NNDR 1 return by 31 January each year. This forecast would be used to determine the 2023/24 “demand” and payment schedule for Business Rates between Oldham Council and the Greater Manchester Combined Authority (GMCA). Being a participant in the Greater Manchester 100% Rates Retention Pilot Scheme which was confirmed for the financial year 2023/24 in the Provisional Local Government Finance Settlement (PLGFS) which was announced on 19 December 2022 means the Council no longer pays a share of Business Rates to Central Government. Instead, Oldham currently retains 99% of the income with 1% being paid to the GMCA for Fire and Rescue services.

The estimated rating income for 2023/24 attributable to Oldham Council using the latest information which includes the Business Rates Revaluation was currently £48.499m which was a decrease of £0.106m compared to 2022/23. Delegation is sought to enable the Business Rates forecast to be updated to take account of up-to-date Non-Domestic Rates information, enabling the submission to Central Government of the annual NNDR 1 return by the statutory deadline of 31 January 2023.

As the 100% Business Rates retention regime was continuing, the Council had assumed a benefit of £4.180m from the pilot scheme for 2023/24. The current  ...  view the full minutes text for item 8.

Consideration was given to a report of the Director of Environment which sought a decision on the preferred option for delivery of Wrigley Head Solar Farm.

The Solar Farm project was a 891kW ground mounted solar PV array at a Council-owned former industrial landfill site at Wrigley Head in Failsworth. The solar farm would improve the site, including in terms of biodiversity via wildflower planting and other measures, and would generate a significant amount of renewable energy, potentially contributing to the Council’s 2025 carbon neutrality target and / or the borough 2030 target. The project would save an average of 50 tonnes of CO2 per annum over the lifetime of the scheme and cost around £1.1 million to develop. The specification of the project was set in 2019 when the original feasibility work was done it was possible that with improvements in technology, the scheme could achieve 1MW of generating capacity.

In spring 2020, the impact of the coronavirus pandemic and national lockdown on the economy meant that the long-term outlook for wholesale electricity prices was revised downwards. The change in this assumption underlying the financial model for the solar farm meant that with the new outlook, the solar farm no longer showed a viable business case.

As a consequence, the project was considered by Cabinet in the summer of 2020 in the context of the Creating A Better Place capital programme review. A decision was taken at that time to stop work on the project.

Before work on the project was paused, a fee was paid to Electricity North West to accept a grid connection offer. A further ‘staged payment’ of around £35K was due in 2020 but was not paid as a consequence of the Cabinet decision to pause work on the project. Electricity North West have confirmed that the grid connection offer was still valid and have provided updated details in terms of grid connection costs and timescales.

The solar farm scheme was dependent upon a cable easement across third party owned land. Two adjoining landowners have indicated a willingness to grant a cable easement across their land, however, no terms have been agreed. It is expected that the third-party landowner would want a payment or the transfer of the council’s adjoining land for nil consideration for the grant of the easement.

In July 2019 at Full Council, a new 2025 carbon neutrality target for the Council was announced - to cover Council buildings and street lighting.

The Oldham Green New Deal Strategy (adopted in March 2020) confirmed the Council carbon neutrality target for 2025 and set an additional carbon neutrality target of 2030 for the borough as a whole.

According to methodology from Salix, it was estimated that Wrigley Head Solar Farm could save around 50 tonnes per annum of CO2. The outline financial model also showed that the project could generate an IRR of between 3.5% and 7% from savings on the Council’s energy bill. The expected lifetime of the solar farm is 30 years.  ...  view the full minutes text for item 9.

Consideration was given to a report of the Director of Economy which sought approval to accept a grant of £2,153,354 from the Public Sector Decarbonisation Scheme Phase 3a for energy works at the Spindles, and to commence the works.

The Public Sector Decarbonisation Scheme was a UK Government funded programme, administered by Salix.

The Council has previously bid for  PSDS grant funding (via a GMCA consortium) to the PSDS3a funding round, for decarbonisation works at the Spindles, including the installation of roof and wall insulation, glazing, solar PV and heat pumps. The grant funding was not awarded at that time, due to the overall funding envelope being exceeded by the time Salix received Oldham’s application (via GMCA)

However, in September 2022 Salix approached GMCA asking whether Oldham would still be looking for the funding, as the PSDS3 a programme was underspent after the first 12 months of operation.

The PSDS3a application form for Spindles had been updated to take into account changes to the proposed project over the past 12 months, and had now been approved by Salix, who have signed a Grant Agreement with GMCA for the grant funding. The actual grant amount received by GMCA from Salix will be £2,291,822. However, the GMCA will ‘top-slice’ this grant amount as a management fee (£138,468 or 6%) and the actual grant amount to be received from GMCA by Oldham will be £2,153,354.

The decarbonisation works at the Spindles would contribute to the carbon neutrality targets set out in the Oldham Green New Deal Strategy and would also support the “A Clean and Green Future” priority set out in the Corporate Plan. They are also forecast to save around £45K annually in energy costs at the complex.

The Spindles project had been offered £2,153,354 in grant funding against a total project value of £3,956,223, requiring a match funding element from the Council of £1,802,869. The grant funding has to be utilised by 31^st March 2025.

Options/alternatives considered

Option 1 - Do not accept the grant. Under this option, the grant funding would not be accepted and the additional energy works proposed at the Spindles complex would not be implemented.

Option 2 - Accept the grant and commence works. Under this option, the Council will enter into a partnership agreement with GMCA for disbursal of the grant, and the works will be carried out by the Spindles project team already appointed for the wider renovation programme at the site.

RESOLVED -That the grant funding be accepted and the Council commence the works.

Consideration was given to a report of the Leader of the Council which sought approval and adoption of the Oldham Transport Strategy.

The Oldham Transport Strategy set out how Oldham would meet the ambitions set out in the Greater Manchester Transport Strategy 2040 and sub strategies, whilst ensuring investment was prioritised to ensure Oldham’s Transport and Highways Network support a Healthy, Clean and Thriving borough.

The Vision for Oldham as set out in the strategy is to create a connected borough with increasing use of public transport and active travel that provides all people with safe and inclusive access to opportunities and healthy choices.

The Transport Strategy set out the council's transport and highways ambitions in relation to:

• A Healthy Oldham
• A Clean Oldham
• A Safe Oldham
• An Accessible Olham
• A Connected Oldham and
• A Thriving Oldham

The Oldham Transport Strategy and Delivery Plan aligned with the Greater Manchester Transport Strategy 2040 ‘Right Mix’ ambition for half of all journeys to be made by active and sustainable transport modes by 2040. The aim of Oldham’s Transport Strategy was to reduce carbon emissions from transport, increase cycling, walking and public transport use and enable the borough to become an increasingly attractive place to live, work and visit.

The Delivery Plan set out transport interventions to be delivered over the following time periods:

• short term 0 - 5 years;
• medium term 5 -10 years;
• long term 10 – 20 years (up to 2040); and
• beyond 20 years - 2040 onwards.

The Transport Strategy also included the first proposed sub-strategy - an update to the Oldham Town Centre Parking Strategy. The refreshed Town Centre Parking Strategy was necessary to support the current regeneration proposals for the town centre.

Options/alternatives considered

Option 1 - To adopt and publish the Transport Strategy, Delivery Plan and Town Centre Parking Strategy to support our framework to direct transport investment for all modes going forward to support sustainable growth and development to enable and ensure a healthy, clean, safe and connected.

Option 2 - To not adopt and publish the Transport Strategy, Delivery Plan and Town Centre Parking Strategy, which will weaken the case for transport investment in the borough, as there will not be clear direction on the need and justification for the investment, and links to how it meets the targets set out in the GM2040 Strategy.

RESOLVED – That the Oldham Transport Strategy including the Delivery Plan and Oldham Town Centre parking strategy be adopted to embed meeting the aims of the Greater Manchester Transport Strategy 2040 (GM2040)  in the borough and ensure our transport and highways networks enable the building of homes and the creation of jobs.

Consideration was given to a report of the Managing Director, Children and Young People which sought approval of a revised Local Academy Conversion Policy and Guidance and its application in all cases where maintained schools convert to academy status.

The original Local Authority Policy on Academy Conversion was agreed in 2016. In March 2022 the government released a new white paper ‘Opportunity for All’.  A key aim of the white paper was to enable the conversion of all maintained school to academies by 2030.

In September 2022 the Department of Education also published new guidance on schools causing concern.  In effect this means that schools that are currently meet the Department for Education definition of ‘coasting schools’ would be required to convert to academy status.  The guidance was also clear that this process would be accelerated in areas that are designated as EIA (Priority Education Investment Areas).  Oldham is one of four such areas within GM (Greater Manchester)

Options/alternatives

There are no suggested alternatives.

Academy Conversion Policy and Guidance and its application in all cases where maintained schools convert to academy status. 

The original Local Authority Policy on Academy Conversion was agreed in 2016.  In March 2022 the government released a new white paper ‘Opportunity for All’.  A key aim of the white paper is to enable the conversion of all maintained school to academies by 2030. In September 2022 the Department of Education also published new guidance on schools causing concern. 

RESOLVED – That:

1.    The attached Local Authority policy on Academy Conversion and Guidance for Schools be approved by Cabinet and distributed to all maintained schools within the borough.

2.    Authority be given to the Director of Education and Early Years and the Cabinet Member for Education to authorise all associated agreements in respect of academy conversions and approve any changes to the policy resulting from changes to primary legislation.

The Chair agreed to accept an Item of Business, Family Hubs and Start for Life Programme as a matter of urgency in accordance with S.100 B (4) of the Local Government Act 1972; Urgent Cabinet approval was required to enable the Council to ensure the programme could start as soon as possible and the decision could not reasonably wait until the next Cabinet meeting.

Consideration was given to a report of the Managing Director, Children and Young People which sought approval of the receipt of funding from the Department for Education and Department of Social Care to support transition to a new model of care the principles and objectives of the Government’s Family Hubs and Start for Life Programme.

Authorisation was also sought to delegate authority to agree all spending decisions related to the Family Hubs to the Director of Education and Early Years and the Director of Public Health after consultation with the Cabinet Member for Children & Young People, noting the role of a new Early Years and Early Help strategic partnership and the Children’s Transformation Board in this process.

Oldham was one of seventy-five local authorities pre-selected by the Department for Education (DfE) for the Family Hubs and Start for Life Programme. To enable the project Oldham Council was to receive an indicative allocation of £3.48 million over three financial years of 2022-23, 2023-24 and 2024-25.  The Oldham sign up form attached to this report detailed spending priorities identified for Oldham for this period.

A comprehensive delivery plan detailing indicative costings was completed with partners for submission to the DfE by the 31 December 2022 for final approval.

Options/alternatives considered

Option 1- Approve the recommendations set out in the report

Approve the receipt of the Family Hubs and Start for Life funding to support the transition to more integrated and accessible services that provide support to parents and carers and contribute to a reduction in inequalities in health and education outcomes for babies, children and families

Option 2 - Do nothing. This will result in loss of funding for Oldham to deliver the Family Hub & Start for Life Programme

RESOLVED – That the Cabinet would consider the commercially sensitive information at Item 17 before making a decision.

That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they contain exempt information under paragraph(s) 3 of Part 1 of Schedule 12A of the Act, and it would not, on balance, be in the public interest to disclose the reports.

RESOLVED - That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they contain exempt information under paragraphs 3 of Part 1 of Schedule 12A of the Act, and it would not, on balance, be in the public interest to disclose the reports.

Cabinet gave consideration to the commercially sensitive information in relation to Item 6 Site A – Prince’s Gate Oldham.

RESOLVED – That:

1.    The termination of the contract between Oldham Council and Lidl UK GmbH dated 27^th February 2019, with each party responsible for their own costs be approved.

2.    It be noted, subject to satisfactory termination of the Lidl contract, an options paper was being prepared to consider future uses for the sit, which included potential for more new homes as an alternative to retail, given wider Town Centre regeneration plans.

The Cabinet gave consideration to the commercially sensitive information in relation to Item 7 of the agenda, Bulky Collections and LWP Contract.

RESOLVED – That the new bulky collection and Local Welfare Provision Contract be awarded to FRC group following the outcome of evaluation of bids as a result of the competitive tender process.

The Cabinet gave consideration to the commercially sensitive information in relation to Item 15, Family Hubs and Start for Life Programme.

RESOLVED – That:

1.    Approval be given to accept Family Hubs and Start for Life Programme funding from Government as indicated in para 2.5 of the report.

2.    Authority to make all spending decisions relating to Family Hubs and the Start for Life Programme (including key decisions) be delegated to the Director of Education, Skills and Early Years and the Director of Public Health, after consultation with the Cabinet Member for Children & Young People

3.    Authority be delegated to the Director of Education, Skills and Early Years and the Director of Public Health to award contracts stemming from a compliant procurement process and authority be delegated to the Director of Legal Services to sign/seal such contracts and any necessary incidental and/or ancillary documents.