Agenda and draft minutes

Cabinet
Monday, 25th July, 2022 6.00 pm

Venue: Council Chamber, Civic Centre, Oldham, West Street, Oldham, OL1 1NL. View directions

Contact: Liz Drogan  0161 770 4705

Items
No. Item

1.

Apologies For Absence

Minutes:

Apologies for absence were received from Councillors Ali and Mushtaq.

2.

Urgent Business

Urgent business, if any, introduced by the Chair

Minutes:

There were no items of urgent business received.

3.

Declarations of Interest

To Receive Declarations of Interest in any Contract or matter to be discussed at the meeting.

Minutes:

There were no declarations of interest received.

4.

Public Question Time

To receive Questions from the Public, in accordance with the Council’s Constitution.

Minutes:

A public question was received from Neil Wilby:

"Following the widely condemned scenes of disorder at the last two Council meetings, both in the public galleries and within the Chamber itself, can the Council Leader, on behalf of the Cabinet, please confirm what steps have been, or are being, taken to create a safe working environment for those members of the public not part of the disorderly group whom self-style as 'The Rabble'; paid council officers; security staff; film crews; journalists; elected Members and, of course, the Mayor. Thank you".

 

Councillor Chadderton responded. “Thank you for this question. The behaviours of some of the public in the council chamber at our last meeting were utterly disgraceful and we have acted swiftly to ensure that we keep staff, elected members and members of the public safe.

We have had a number of complaints from elected members, staff and members of the public about both the behaviour of people in the public gallery and the behaviour of a small number of opposition members. These complaints cover incidents where people threw missiles in the chamber, shouted abuse and used foul language, were threatening and aggressive and disrupted the meeting to the point where it was difficult to conduct the business of the council.

We have security cameras in the chamber and were live streaming the meeting so much of this activity was captured.

We welcome and encourage local people attending public meetings because we know that resident input, involvement and reasonable challenge is an essential part of improving what we do. We also know that some of the issues that we discuss or decisions we make aren’t always popular with the public and its right that people have an opportunity to give us feedback and tell us what they think. But that has to be done in a reasonable manner that doesn’t threaten, harass or bully staff or elected members doing their jobs.

The sorts of behaviour we saw at the last two council meetings will not be allowed to continue and will not be tolerated. We are taking action against those small number of people whose actions amounted to criminal and anti-social behaviour.

We are also looking to implement enhanced security measures for future meetings to better protect those taking part in or observing them and to reduce the opportunities for the types of behaviour we saw last time. These include more stringent sign in processes, stricter security checks for people attending and better security camera coverage.

These will apply to all public meetings. These measures are currently being finalised and agreed by key partners including Greater Manchester Police. All four Group Leaders have been briefed on these measures and have agreed to them. 

You’ll see that some additional measures. Including us being here in the Council Chamber, have already been implemented, others will follow over the coming days and weeks.”

5.

Minutes of the Cabinet Meeting held on 17th June 2022 pdf icon PDF 246 KB

Minutes:

RESOLVED – That the minutes of the Cabinet meeting held on 17th June 2022 be approved.

6.

GM Clean Air Plan Update pdf icon PDF 1 MB

Additional documents:

Minutes:

Consideration was given to a report of the Executive Director of Place and Economic Growth which set out the case for a new Greater Manchester Clean Air Plan and Greater Manchester’s annual mean standards for Nitrogen Dioxide in 2021.

Poor air quality was a significant public health issue, causing certain types of disease and in Greater Manchester and contributed to 1,200 deaths a year.

The Government had issued directions to local authorities in the UK, including those in Greater Manchester, to take action to address illegal exceedances of Nitrogen Dioxide (NO2) in the shortest possible time and, initially in the case of Greater Manchester, by 2024 at the latest.

Greater Manchester authorities had kept the original GM Clean Air Plan, agreed in Summer 2021 under constant review; by tracking emerging evidence and listening to GM businesses and residents who said that it would cause them financial hardship. In late 2021 GM authorities commissioned an independent review of emerging global supply chain issues and the impact this could have on the cost and availability of vehicles, particularly vans.

The review illustrated that the previous agreed plan in summer 2021 would cause businesses and residents financial hardship and the Government agreed with Greater Manchester’s assessment that the plan was no longer likely to achieve compliance in 2024 due to the impact of the pandemic and the supply chain issues for compliant vehicles.

The Government revoked the direction requiring the implementation of a category C charging Clean Air Zone so as to achieve compliance with legal limits for NO2 in the shortest possible time and by 2024 at the latest and Greater Manchester was now required by 1st July 2022 to review existing measures, determine if any changes should be made and to submit that review to the Secretary of State.

A new plan must be deliverable and reduce NO2 concentrations to below legal limits in the shortest possible time and by 2026 at the latest, in a way that recognises the cost-of-living crisis and post pandemic economic conditions. This new plan aimed to be both fair to businesses and residents and should not cause financial hardship to people in Greater Manchester.

The new plan would use the £120 million of Clean Air funding that the Government has awarded to Greater Manchester to deliver an investment led approach to invest in vehicle upgrades, rather than imposing daily charges and in particular through the delivery of zero emission buses in the Bee Network (a London-style integrated transport network). The new plan would ensure that the reduction of harmful emissions is at the centre of GM's wider objectives.

The ten GM local authorities had taken a GM-wide approach to producing a Clean Air Plan because air pollution did not respect local authority boundaries, particularly across densely populated urban areas. This enabled a consistent and coordinated approach to maximise air quality benefits for all people living and working in Greater Manchester; whilst minimising the risk of unintended consequences, such as displacing  ...  view the full minutes text for item 6.

7.

Levelling Up Oldham: The Oldham Economic Review of Economic Transformation and Civic Pride pdf icon PDF 260 KB

Additional documents:

Minutes:

Consideration was given to a report of the Chief Executive which sought approval of the recommendations of the Independent Oldham Economic Review Board through the Levelling Up Oldham: The Oldham Economic Review of Economic Transformation and Civic Pride. (March 2022).

It was reported that Alun Francis, the principal at Oldham College was asked to lead a Commission to help to plot a brighter future for the Borough; utilising the great leaders in Oldham and drawing on expertise from Greater Manchester, the wider region and nationally to turn the Government’s Levelling up mantra into a reality for Oldham’s communities.

The review began in September 2021, however the Government’s “Levelling Up” White Paper was delayed and not published until February 2022, which meant that it was not available until the final phase of the review was complete.

At the conclusion of the Commission, the documents were in the public domain, however, it was reported that Cabinet was requested to accept the findings as detailed within the appendices and full report and to embed the recommendations into the work of the refreshed Oldham Partnership.

 

Options/alternatives considered

Option 1 – To accept the recommendations in the report.

Option 2 – Not to accept the recommendations within the report

 

RESOLVED – That:

1.    The findings of the Commission be noted, and the recommendations set out in the review be endorsed, accepted, and approved.

2.    The recommendations were to feed into the work programme/agenda for the refreshed Oldham Partnership to continue with wider partnerships for the accountability of deploying relevant actions and delivering solutions to improve the lives of Oldham’s residents.

8.

Creating a Better Place Update: Spindles Redevelopment pdf icon PDF 322 KB

Minutes:

Consideration was given to a report of the Chief Executive which sought to provide an update on the current position of the Creating a Better Place project and sought approval of an amendment to the contract strategy which has further to the outcome of investigation works undertaken.

Following approval at Cabinet in February 2022, of the Full Business Case and a pre-construction services agreement with Wilmot Dixon Construction for the Spindles redevelopment, it was recommended that the redevelopment was contractually split into two separate project and contract workstreams;

Project/Contract Workstream 1:

·         Demolition of TJ Hughes

·         Construction of the new market and events space

·         Roof improvement works

 

Project/Contract Workstream 2

Redevelopment of internal spaces within the centre (Workspace and Archives).

There were two main benefits to this approach in relation to both the programme for delivery and reduced inflation cost risks caused by the current market conditions which could impact the scheme.

Funding for the Spindles project had already been approved through the Council’s Capital Programme and associated Creating a Better Place Strategic Framework. Town Deal funding had also been secured for two projects which fell within the Spindles remit: Tommyfield Market and a flexible office space.

Following feedback from staff, residents, market traders and business community from engagement exercises throughout the lockdown period, further extensive consultation was taken between October to December 2021.

All procurement exercises had ben undertaken in full compliance with the Public Procurement Law and the Council’s Contract Procedure Rules. The Procure Partnerships Construction Framework was selected for the main redevelopment works with the detail provided in the report Cabinet considered in February 2022.

Since the previous Cabinet report, the appointment of Wilmott Dixon Construction in March 2022 has allowed significant progress to be made on the project and the planning application for the redevelopment received planning approval on the 8th June 2022.

 

Options/alternatives considered

Options to be considered at Item 13 of the agenda.

 

RESOLVED – That the Cabinet would consider the commercially sensitive information at Item 13 of the agenda before making a decision.

 

9.

Old Library Building: Restoration and Refurbishment Phase 2 pdf icon PDF 265 KB

Minutes:

Consideration was given to a report of the Executive Director for Place and Economic Growth which sought approval to proceed to the next stage of the Old Library Building: Restoration and Refurbishment Phase 2.

The report provided details of the work already undertaken at the Old Library site including demotion and strip out, extensive programmes of surveys and investigations and the current position works undertaking the restoration and conservations works to the external fabric of the building.

During February 2021 a priority works schedule addressing the most significant conservation issues affecting the Old Library building capturing the most disruptive structural and fabric interventions requited to present the building for a future fit out was approved.

Approval was given to award the priority works contract to Tilbury Douglas Construction and work started on site in December 2021. During May 2022 approval was given to issue a works contract modification to enable additional works to be undertaken.

The feasibility option assessment set out the following parameters for the Old Library accommodation goals;

·         Public, community space and meeting rooms on the ground floor

·         Enhanced / available space for community groups to collaborate from across arts, culture and performance and who need more space to deliver their activities and services. 

·         Additional gallery space on the upper floor as there is connecting bridge to the existing Gallery

·         Civic space – Council Chamber, mayoral chamber, member rooms, committee meeting rooms and executive office space for officers / support staff.

The Strategic Business Case (SBC) had been developed to understand the value in utilising baseline future use assessments and this document set out the procurement and development strategy for the Old Library restoration and refurbishment phase 2.  The SBC documentation (appended to the part b paper) sets out:

·         What is the rational for the project, case for change and the business need

·         Indicative costs and phasing

·         Procurement and delivery strategy

·         Financial implications

·         Links to corporate strategy/asset management

The lead consultant will be responsible for the co-ordination of the design of the project and for the appointment, coordination, management, and programming of the activities of the Design Team. 

A procurement exercise has also been completed for the external project management team, cost consultant and principal designer.

 

Options/Alternatives considered

Option 1 – proceed to the next stage of project development

·         Note the completed Strategic Business Case (SBC) and agree to its approval as the basis of the delivery of the preferred facility mix for the Old Library restoration and refurbishment Phase 2.

·         Authorise formal agreement and award of the contract(s) in the configuration set out in this report for the next stage of project development.

Option 2 – Carry out further accommodation analysis:to undertake further future uses / accommodation analysis it would be necessary to carry out a further review of the Councils accommodation needs and strategic ambitions.

Objectives would need to be re-set and opportunities to drive programme, design and construction efficiencies would not be realized. Project development would-be put-on hold and the outturn cost for re-development  ...  view the full minutes text for item 9.

10.

Atom Valley Mayoral Development Zone (MDZ)

Minutes:

Consideration was given to a report of the Executive Director of Place and Economic Growth which sought approval of the establishment of a Mayoral Development Zone, within the North East Growth location of Greater Manchester and for it to be named the Atom Valley Mayoral Development Zone.

It was reported that the aim of Growth Locations of which there are six across Greater Manchester was to identify priorities for investment to support new development, improve sustainable transport links, create and retain employment, offer better job opportunities and improve training and skills development for residents.

The North-East Growth Location had a specific opportunity to create significant levels of employment around three key sites, Northern Gateway Site (Bury/Rochdale), Stakehill site (Rochdale/Oldham) and the Kingsway Business Park (Rochdale).

To support transformational economic growth at these locations, all three local authorities were seeking Cabinet approval for the sites in question to be incorporated into a Mayoral Development Zone to ensure a committed focus in delivering these sites at district, regional and national levels.

The Atom Valley MDZ would support inclusive and sustainable growth that would boost and maximise the competitiveness of the northern part of Greater Manchester in relation to its local economy and would provide employment opportunities in those areas, the proposal was also to brand the area as the Atom Valley Mayoral Development Zone.

Governance arrangements including the formation of a Mayoral Development Zone Board would be established as part of the proposals to ensure that the necessary infrastructure and investment was secured to realise the full potential and aspirations of the area.

 

Option/alternatives considered

Option 1 – To approve the recommendations

Option 2 – Not to approve the recommendations

 

RESOLVED – That:

1.    The establishment of the Mayoral Development Zone (MDZ) within the North East Growth Corridor be approved.

2.    That the Mayoral Development Zone be named Atom Valley.

3.    The establishment of the Atom Valley Mayoral Development Board be approved with the delegated authority to develop a strategy for the Mayoral Development Zone and create business case for investment and external funding support with the Greater Manchester Combined Authority.

11.

City Region Sustainable Transport Settlement (CRSTS) - Transport Capital Programme 2022/23 pdf icon PDF 260 KB

Minutes:

Consideration was given to a report of the Executive Director for Place and Economic Growth which sought formal acceptance of the City Region Sustainable Transport Settlement and Integrated Transport Block allocations for 2022/23 and the programmes recommended for delivery.

Funding previously received for Core Highways Maintenance and Integrated Transport Block (ITB) had been ‘consolidated’ into the City Region Sustainable Transport Settlement (CRSTS) funding settlement with effect from 2022/23, for the next 5 financial years.

On 1st April 2022, GM was notified of its final CRSTS allocation of £1.07bn based upon the CRSTS Prospectus, which had been submitted to Government in September 2021 and the draft Programme Case submitted on 31st January 2022.

This allocation included an amount of £175m for core highways maintenance and £82m for ITB funding for the period 2022/23 to 2026/27.

In a report presented to the GM Wider Leadership Team on 13th April 2022 by TfGM/GMCA agreement was gained of the 2022/23 interim allocation of CRSTS funding for the following elements (in advance of final agreement of the full allocations across the CRSTS programme):

·         2022/23 Core Highways Maintenance funding (consolidated highways maintenance block, incentive fund, pothole and challenge funding);

·         2022/23 Integrated Transport Block (ITB) funding.

Core Highways Maintenance Funding

A core highway maintenance allocation of £35m (covering the first year of the £175m) will be made to local authorities based on an allocation process agreed with the GM Delivery Group, the GM Highways Group and the GM Treasurers.

Integrated Transport Block (ITB) Funding

ITB is capital funding granted to local authorities for expenditure on their local transport plans. Following the confirmation of the final CRSTS award by DfT the proposal for allocating ITB in 2022/23, that had been discussed and agreed in principle by the GM Delivery Group and GM Highways Group, was as follows:

·         There is no requirement for ITB to be used as part of the funding strategy for Bus Franchising in 2022/23, and therefore it can be released, in full, for funding local transport. However, the potential requirements for ITB to be applied as a funding mitigation for Bus Franchising will need to be reviewed on an annual basis.

·         For 2022/23, it is proposed that the allocation basis for ITB returns to the ‘historic’ 50:50 between the GM local authorities and public transport investment via GMCA. Therefore, the proposal is that £16.3m of ITB is released on a 50:50 basis between the GM local authorities and GMCA.

Following discussions with local authorities via the GM Delivery Group and the GM Treasurers, it was proposed that the allocations of ITB funding per local authority would follow the same as that used when ITB was last allocated to the GM local authorities in 2010/11.

Oldham’s total settlement for 2022/23 will be £3,774,000 (£707k ITB funding and £3.067m core maintenance funding).

This will be passported, via the Council’s Capital Strategy and Capital Programme 2022/23 - 2026/27 approved by full Council on the 2nd March 2022, for investment in and maintenance of Oldham’s transport network. This is  ...  view the full minutes text for item 11.

12.

Exclusion of the Press and Public

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.

Minutes:

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.

13.

Creating a Better Place Update: Spindles Redevelopment

Minutes:

The Cabinet gave consideration to the commercially sensitive information in relation to Item 8.

 

RESOLVED – That:

1.    The updated contract strategy as set out in this report be noted.

2.    That the Construction company as detailed within the commercially sensitive report be formally appointed to undertake a package of Enabling Works in relation to accelerating a start on site for the Workspace and Archive development (Project 2).

3.    Approval be delegated to the Leader of the Council as Portfolio Holder for Regeneration and Housing, in consultation with the Portfolio Holders for Finance and Culture, Chief Executive, Executive Director for Place and Economic Growth, Directors of Economy, Finance and Legal Services

a.    to review and approve the details associated with finalising the technical details and entering into the design and build contract for the Market, Event space and Roof works (Project 1); and

b.    to review and approve the details associated with finalising the technical details and entering into the design and build contract for the Workspace and Archive (Project 2)

4.    The Borough Solicitor or his nominated representative/s be authorised to negotiate and sign and/or affix the Common Seal of the Council to any documents authorised by and/or  required to give effect to the recommendations in this report.

 

14.

Old Library Building: Restoration and Refurbishment Phase 2

Minutes:

The Cabinet gave consideration to the commercially sensitive information in relation to Item 9.

 

RESOLVED – That:

1.    The completed Strategic Business Case (SBC) for the Design and Build project be noted and approved.

2.    The preferred facility mix / internal fit out arrangement within the Old Library building which comprises redevelopment Phase 2 be noted and approved

3.    Formal agreement and award of the pre-construction services agreement (PCSA) to the Construction Company as detailed within the report be approved.

4.    Formal agreement and award of the contract for professional services for an Architect led multidisciplinary design team to the Architects.as detailed within the report be approved

5.    Formal agreement and award of the contract for project management professional services to the company detailed within the report be approved.

6.    Formal agreement and award of the contract for cost consultancy professional services to the Company detailed within the report be approved.

7.    Formal agreement and award of the contract for Principal Designer to the company as detailed within the report be approved

8.    Formal agreement of the appointment via a call-off  contract using a compliant Framework of solicitors to provide external legal support to the Project be approved.

9.    Approval be delegated to the Cabinet Member for Regeneration and Housing in consultation with the Executive Director for Place & Economic Growth, the Director of Legal Services, the Director of Finance (or their nominees), and the Cabinet Members for Finance and Culture

a)    to appoint any further external technical specialists as required to ensure value for money and timely delivery.

b)    to review and agree the formal agreement of the phase 2 Design and Build construction contract.

10.The Borough Solicitor or his nominated representative be authorised to sign and/or affix the Common Seal of the Council to the contract documents and associated documentation in accordance with this report.

15.

City Region Sustainable Transport Settlement (CRSTS) - Transport Capital Programme 2022/23

Minutes:

Consideration was given to the commercially sensitive information on relation to Item 11.

 

RESOLVED – That:

1.    The proposed programme of works/projects which would fully utilise the expected City Region Sustainable Transport Settlement highway maintenance and Integrated Transport Block (ITB) allocations available for 2022/23 as per the formal grant notification from GMCA be approved.

2.    The 2022/23 Transport Capital programme, based on good practice and ensuring best value for money (Appendix 1) be approved.

3.    The 2022/23 Integrated Transport Block (ITB) programme of highway safety, traffic management and minor works schemes based on accident data analysis and feedback from Councillors and residents across the borough (Appendix 2) be approved.

4.    All tender award decisions relating to delivery of the appended programmes, with a value of over £400,000, be delegated to the Executive Director for Place & Economic Growth in consultation with the relevant Portfolio holder (consistent with previous Cabinet delegations for highways improvement contracts/programmes): this is necessary to meet delivery timescales.

5.    All tender award decisions relating to delivery of the appended programmes (up to £400,000), be delegated to the Executive Director for Place & Economic Growth without the need for further sign-off of individual tender awards (the mechanism for this to be agreed with the Executive Director for Place & Economic Growth).

6.    Any underspend generated as the attached programmes progress (Appendix 1 and 2) be used to deliver additional schemes in priority order (although lower priority schemes may be selected depending on available budget, value for money and type of treatment) until the budget is fully expended in year. This approach to utilising underspend meant that the Highways service did not need to gain further approvals to deliver additional schemes, ensuring they could be delivered as soon as practically possible. Any additional schemes to be delivered would be communicated with the Portfolio Holder in advance and Ward Members as the scheme development progresses. 

7.    It be noted:

·         detailed financial reports and updates will be reported to Corporate Investment Performance Board (CIPB).

·         delivery teams will engage with procurement and legal to ensure that the Council’s Contract Procedure Rules are adhered to in all cases.

·         The Portfolio Holder would be kept up to date on programme delivery overall;  and

·         Ward members would be informed of scheme development (where appropriate) and delivery dates ahead of schemes getting to site. This mechanism would ensure prompt and efficient delivery of schemes and the overall programme.