Agenda and decisions

Apologies were received from

An Apology was received from

No apologies for absence were received.

Members to declare any interests in matters to be discussed at the meeting.

To confirm the minutes of the meetings held on 18 May and 1 June 2022 as a correct record.

To determine whether there are any additional items of business to be considered as a  matter of urgency.

To consider and approve the Homelessness and Rough Sleeping Strategy 2022.

Resolved:-

(1)      That details of the progress made to date in reviewing the

          Homelessness and Rough Sleeper Strategy be received.

(2)      That the refreshed Homelessness and Rough Sleeper Strategy 2022, as set out in the Appendix, be approved.

To consider proposals for using remaining COVID-19 funding to deliver COVID recovery related projects based on our Fairer Sandwell principles.

Resolved:-

(1) That approval be given to the use of the remaining COVID-19 funding to deliver COVID recovery related projects based on our Fairer Sandwell principles, subject to ensuring £2m of funding is retained for a COVID resilience fund in the event of further COVID restrictions.

(2) That approval be given to the use of £8m of COVID funding during 2022/23 to 2024/25 to deliver the proposals set out in Appendix A.

(3) That approval be given to a £1m COVID Community Fund to which the voluntary and community sector can bid for funding to deliver their own COVID recovery projects.

(4) That subject to (3) above, delegated authority be given to the Director ofBusiness Strategy and Change in consultation with the Cabinet Memberfor Finance and Resources to implement the COVID Community Fund scheme

(5) That the Director of Finance, in consultation with the Cabinet Member for Finance and Resources, be authorised to agree further spend proposals from the COVID Recovery earmarked reserve.

To consider proposals for the Towns Fund Programme.

Resolved:-

(1) That approval be given to the Towns Fund Programme of £63.6m to be included in the Capital Programme across 2022-2026 with £26.8m being included for 2022/23.

(2) That details of the roles and responsibilities of the Section 151 Officer and Accountable Body in managing the Towns Fund Programme be received.

(3) That approval be given to the Towns Fund Assurance Framework to enable the Accountable Body to deliver the programme successfully.

(4) That in connection with 1.3 above, the Towns Fund Programme Manager, in consultation with the Director of Regeneration & Growth, Section 151 Officer and Cabinet Member for Regeneration and Growth, be authorised to make any amendments to the Framework subject to updated government guidance or council procedures.

To seek approval to give an additional regulation 18 consultation to include in the Black Country Plan additional Walsall sites.

Resolved:-

(1) That approval be given to an additional Regulation 18 consultation to include in the Black Country Plan the additional Walsall sites.

(2) That approval be given to the approach to the consultation as set out in Appendix A and Sustainability Appraisal Report Appendix B.

(3) That approval be given to update of the Sandwell Local Development Scheme 2021 and updated timeline set out in Appendices C & D.

(4) That the Director for Regeneration and Growth be authorised to make any necessary minor amendments to the Draft Plan and other consultation documents prior to the commencement of the Regulation 18 consultation process.

(5) That the Director for Regeneration and Growth be authorised to make minor changes to the Local Development Scheme that may be required prior to making it available to the Public, in consultation with the Cabinet Member for Regeneration & Growth.

To consider the award of a contract for corporate Hybrid Print and Mail Services.

Resolved:-

(1) That the Director of Business Strategy and Change and the Director of Finance - Section 151 Officer, in consultation with Cabinet Member for Finance and Resources, be authorised to award a contract for corporate Hybrid Print and Mail Services, via the ESPO Framework Agreement RM6017-19 Postal Goods, Services and Solutions for a 5 year period commencing on 1 September 2022 with an option to extend for up to a further 2 years.

(2) That the Director Law and Governance – Monitoring Officer be

authorised to execute any documentation necessary to enable the action referred to in (1) above.

To approve the distribution of Supplemental Substance Misuse Treatment and Recovery Grant.

Resolved:-

(1) That the Director of Public Health be authorised to distribute the Supplemental Substance Misuse Treatment and Recovery Grant (SSMTRG) as required by Office for Health Improvement & Disparities (OHID) grant conditions.

(2) That the Director of Public Health be authorised to have final sign off on the distribution of the funds over the grant period covering the following financial years: 2022/23, 2023/24 and 2024/25.

To approve proposals to undertake public consultation of the Black Country Cycling and Walking Infrastructure Plan.

Resolved:-

That approval be given to approve the public consultation of the Black Country Cycling and Walking Infrastructure Plan.

To declare Grafton Lodge, Grafton Road, Oldbury, former Adult Services led care home, surplus to all council use.

Resolved:-

(1) That approval be given to declare Grafton Lodge, Grafton Road, Oldbury B68 8BJ, as site plan SAM/20100/007, former Adult Services led care home, surplus to all council use.

(2) That the Director of Law and Governance and Monitoring Officer be authorised to dispose of the site, on terms and conditions to be agreed by the Director of Regeneration & Growth, in consultation with the Director of Housing and Director of Finance.

To consider proposals to to develop land at West End Avenue Smethwick with new council housing for affordable rent, subject to planning permission.

Resolved:-

(1) That approval be given to develop approximately 3002.3 m2 of land at West End Avenue Smethwick with new council housing for affordable rent, subject to planning permission, as shown for identification purposes only at Appendix 1.

(2) That the Director of Finance be authorised to allocate adequate

resources from the Council’s Housing Revenue Account to deliver the scheme and to utilise grant funding offered by Homes England, under the extended Homes England Strategic Partnership 1 Programme 2016 to 2021 to assist with the delivery of the project.

1.3 In connection with 1.1 and 1.2 above, approval be given to authorise the necessary steps for the delivery of the proposed project, including:

a) the Director of Regeneration and Growth in consultation with the

Director of Finance and the Director of Housing be authorised to prepare tendering documentation and subsequently procure, in

accordance with any statutory regulations and the Council’s

Procurement and Financial Regulations;

b) execute any requirements in accordance with the Homes England Delivery Partner Dynamic Purchasing System (DPS) framework including appointing a contractor/contractors to develop, on behalf of the Council, the proposed housing scheme; to enter into or execute under seal any financial agreement in relation to the Homes England grant on terms and conditions to be agreed by the Director of Finance;

c) that any necessary exemptions are made to the Council’s

Procurement and Contract Procedure Rules to enable the course

of action referred to b above to proceed;

d) subject to a, b and c above, the Director – Monitoring Officer be

authorised to enter into or execute under seal any documentation

in relation to award of the contract and/or development/partnership

agreement, Homes England developer status, licence,

undertaking, framework joining agreement, any consents or

applications required for Planning or Highways appertaining to the

delivery of the scheme and any other agreements with the

procured contractor(s) and with the Homes England, as may be

deemed necessary to facilitate development of the site with a

housing scheme as described in below on terms and conditions to

be agreed by the Director of Regeneration and Growth;

e) the Director of Regeneration and Growth in consultation with the

Director of Housing and the Director of Finance be authorised to

accept a tender of up to 10% above the approved estimated costs

as a contingency to mitigate uncertain market conditions and

inflationary cost uplifts.

f) Subject to the practical completion of each property, the Director of Housing be authorised to manage and let the properties built in

accordance with the Council’s housing allocation policy.

g) That the following action points identified within the financial

appraisal of the funding application by Strategic Finance, be

implemented to reduce the risk to the Council:

·      That Cabinet consider the alternatives and are satisfied that the

·      proposal to construct the new build homes will meet the Council’s

·      objectives in the most appropriate manner.

·      That a process is developed to prioritise the development of sites

·      against pre-determined criteria and alternative options for

·      achieving the Council’s housing  ...  view the full decision text for item 13.

To consider proposals to develop land at Whitgreave Street, West Bromwich with new council housing for affordable rent, subject to planning permission.

Resolved:-

(1) That approval be given to develop approximately 2355 m2 of land at Whitgreave Street, West Bromwich with new council housing for affordable rent, subject to planning permission, as shown for identification purposes only at Appendix 1.

(2) That the Director of Finance be authorised to allocate adequate

resources from the Council’s Housing Revenue Account to deliver the scheme and to utilise grant funding offered by Homes England, under the extended Homes England Strategic Partnership 1 Programme 2016 to 2021 to assist with the delivery of the project.

1.3 In connection with 1.1 and 1.2 above, approval be given to authorise the necessary steps for the delivery of the proposed project, including:

a) the Director of Regeneration and Growth in consultation with the

Director of Finance and the Director of Housing be authorised to

prepare tendering documentation and subsequently procure, in

accordance with any statutory regulations and the Council’s

Procurement and Financial Regulations;

b) execute any requirements in accordance with the Homes England Delivery Partner Dynamic Purchasing System (DPS) framework including appointing a contractor/contractors to develop, on behalf of the Council, the proposed housing scheme; to enter into or execute under seal any financial agreement in relation to the Homes England grant on terms and conditions to be agreed by the Director of Finance;

c) that any necessary exemptions are made to the Council’s

Procurement and Contract Procedure Rules to enable the course

of action referred to b above to proceed;

d) subject to a, b and c above, the Director – Monitoring Officer be

authorised to enter into or execute under seal any documentation

in relation to award of the contract and/or development/partnership

agreement, Homes England developer status, licence,

undertaking, framework joining agreement, any consents or

applications required for Planning or Highways appertaining to the

delivery of the scheme and any other agreements with the

procured contractor(s) and with the Homes England, as may be

deemed necessary to facilitate development of the site with a

housing scheme as described in below on terms and conditions to

be agreed by the Director of Regeneration and Growth;

e) the Director of Regeneration and Growth in consultation with the

Director of Housing and the Director of Finance be authorised to

accept a tender of up to 10% above the approved estimated costs

as a contingency to mitigate uncertain market conditions and

inflationary cost uplifts.

f) Subject to the practical completion of each property, the Director of Housing be authorised to manage and let the properties built in

accordance with the Council’s housing allocation policy.

g) That the following action points identified within the financial

appraisal of the funding application by Strategic Finance, be

implemented to reduce the risk to the Council:

·      That Cabinet consider the alternatives and are satisfied that the proposal to construct the new build homes will meet the Council’s objectives in the most appropriate manner.

·      That a process is developed to prioritise the development of site against pre-determined criteria and alternative options for achieving the Council’s housing  ...  view the full decision text for item 14.

To seek approval to make representations to the Secretary of State requesting formal abandonment of the West Bromwich Draft Map under section 55 (1) (b) of the Wildlife and Countryside Act 1981.

Resolved:-

(1) That the Director of Regeneration and Growth and the Director Law & Governance & Monitoring Officer be authorised to make representations to the Secretary of State requesting formal abandonment of the West Bromwich Draft Map under section 55 (1) (b) of the Wildlife and Countryside Act 1981.

(2) That the Director of Regeneration and Growth and the Director Law & Governance & Monitoring Officer be authorised to take the necessary steps under section 55 of the Wildlife and Countryside Act 1981 to create the West Bromwich Definitive Map and Statement.

(3) That the Director of Regeneration and Growth be authorised to procure external support to carry out this work as required.

To consider proposals to appropriate land at Higham’s Close, Rowley Regis from the General Fund to the Housing Revenue Account for housing purposes with the accounts being adjusted accordingly and to develop the site with circa 6 new affordable rent council houses, subject to planning permission.

Resolved:-

(1) That approval be given to appropriate approximately 1961.7 m2 of land at Higham’s Close, Rowley Regis from the General Fund to the Housing Revenue Account for housing purposes with the accounts being adjusted accordingly and to develop the site with circa 6 new affordable rent council houses, subject to planning permission, as shown for identification purposes only at Appendix 1.

(2) That the Director of Finance be authorised to allocate adequate

resources from the Council’s Housing Revenue Account and the

Right to Buy one for one receipts to deliver the scheme.

(3) In connection with 1.1 and 1.2 above, approval be given to authorise the necessary steps for the delivery of the proposed project, including:

a) the Director of Regeneration and Growth in consultation with the

Director of Finance and the Director of Housing be authorised to

prepare tendering documentation and subsequently procure, in accordance with any statutory regulations and the Council’s

Procurement and Financial Regulations;

b) execute any requirements in accordance with the Homes England Delivery Partner Dynamic Purchasing System (DPS) framework including appointing a contractor/contractors to develop, on behalf of the Council, the proposed housing scheme; to enter into or execute under seal any financial agreement in relation to the Homes England grant on terms and conditions to be agreed by the Director of Finance;

c) that any necessary exemptions are made to the Council’s

Procurement and Contract Procedure Rules to enable the course of action referred to b above to proceed;

d) subject to a, b and c above, the Director – Monitoring Officer be

authorised to enter into or execute under seal any documentation

in relation to award of the contract and/or development/partnership

agreement, Homes England developer status, licence, undertaking, framework joining agreement, any consents or

applications required for Planning or Highways appertaining to the

delivery of the scheme and any other agreements with the

procured contractor(s) and with the Homes England, as may be

deemed necessary to facilitate development of the site with a

housing scheme as described in below on terms and conditions to

be agreed by the Director of Regeneration and Growth;

e) the Director of Regeneration and Growth in consultation with the

Director of Housing and the Director of Finance be authorised to

accept a tender of up to 10% above the approved estimated costs

as a contingency to mitigate uncertain market conditions and

inflationary cost uplifts.

f) Subject to the practical completion of each property, the Director of Housing be authorised to manage and let the properties built in

accordance with the Council’s housing allocation policy.

g) That the following action points identified within the financial

appraisal of the funding application by Strategic Finance, be

implemented to reduce the risk to the Council:

·      That Cabinet consider the alternatives and are satisfied that the proposal to construct the new build homes will meet the Council’s objectives in the most appropriate manner.

·      That a process is developed to prioritise the development of sites against pre-determined criteria and alternative options for  ...  view the full decision text for item 16.

To enter into a contract for the provision of a Hosted Managed Service for the provision of a Planning, Building Consultancy and Local Land Charges Database, Document Management System and a Public Access module ICT system.

Resolved:-

That the Director of Regeneration and Growth be authorised to enter into a contract with Idox Software Limited for the provision of a Hosted Managed Service for the provision of a Planning, Building Consultancy and Local Land Charges Database, Document Management System and a Public Access module ICT system, for a 5 year period 6th October 2022 to 5th October 2027 at a cost of £133,000 (ex VAT) per annum.

To authorise officers to exercise the statutory provisions of the Birmingham Commonwealth Games Act 2020.

Resolved:-

(1) The Director of Borough Economy be authorised to exercise the statutory provisions of the Birmingham Commonwealth Games Act 2020.

(2) That the Director of Law and Governance be authorised to revise the Scheme of Delegation to Officers (executive side) in the Council’s Constitution with the inclusion of the following within the Director of Borough Economy: -

The Birmingham Commonwealth Games Act 2020

To act and authorise others to act on his/her behalf under the Council’s functions under the provisions of the Commonwealth Games Act 2020.

To approve the allocation of sites for the Council New Build programme for the provision of new Council affordable rent housing accommodation in order to meet the external funding requirements for Homes England grant and Right to Buy 1-4-1 replacement generated from the sale of HRA dwellings under Right to Buy.

Resolved:-

(1) That Cabinet approve the allocation of sites contained within Appendix 1 for the Council New Build programme for the provision of new Council affordable rent housing accommodation in order to meet the external funding requirements for Homes England grant and Right to Buy 1-4-1 replacement generated from the sale of HRA dwellings under Right to Buy.

(2) That Cabinet approve the proposed or amended funding sources and delivery sequence of the remaining development opportunities within the council’s new build programme for the schemes funded utilising Homes England grant and Right to Buy 1-4-1 replacement. Future reports will be presented to Cabinet for those individual schemes where the detailed costs are yet to be established.

(3) That the Director Regeneration and Growth in consultation with the Director of Housing and Director of Finance be authorised to amend funding sources available from the balance of 1-4-1 replacement receipts or Homes England to ensure the most appropriate use of funding for the schemes to ensure expenditure of Homes England funded within the contracted timescales and ensure the use the time limited receipts generated from the sale of properties.

(4) That the Director Regeneration and Growth in consultation with the Director of Housing and Director of Finance be authorised to substitute alternative sites to achieve the required housing/funding outcomes should the schemes contained within Appendix 1 prove not to be viable in terms of value for money or deliverable within the prescribed funding timescales.

(5) That the Director Regeneration and Growth in consultation with the Director of Housing and Director of Finance be authorised to continue to develop a future Council house build pipeline and ascertain feasibility of available sites to ensure availability of sites for future Right to Buy 1-4-1 receipts and other funding opportunities.

To consider and approve the Green Spaces Strategy Implementation and Business Plan 2022-25.

Resolved:-

(1) To approve the Green Spaces Strategy Implementation and Business Plan 2022-25 as set out in Appendix A.

(2) That approval be given to the planned programme of works for 2022/23 as set out in Appendix A.

(3) That approval be given to pilot income generation initiatives in green spaces, as specified within the Green Spaces Strategy.

(4) That approval be given to the Governance Arrangements, as set out within the Green Spaces Strategy.

(5) That approval be given to the proposed new ways of working with Friends Groups, and the Cabinet Member for Leisure and Tourism be authorised to approve the final agreement with Friends Groups following consultation.

(6) That the Director of Borough Economy be authorised to develop additional programme of works for green spaces in-year (2022/23), if funding becomes available for additional works, in consultation with the Cabinet Member.

(7) That the Director of Borough Economy authorise – through the Service Manager – emergency works for green spaces, as required for health and safety reasons.

That the public and press be excluded from the rest of the meeting. This is to avoid the possible disclosure of exempt information under Schedule 12A to the Local Government Act, 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, relating to the financial and business affairs of any person, including the authority holding that information and information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

To approve the development of 3 sites across Sandwell with new affordable rent council housing, subject to planning permission being obtained. (Exempt information relating to the financial or business affairs of any particular person (including the authority holding that information)).

Resolved:-

To approve the development of 3 sites ac

ross  Sandwell with new affordable rent council housing, subject to planning permission being obtained.

To consider proposals to establish an Assurance Panel for the purposes of assuring Levelling Up Fund bid proposals. (Exempt information relating to the financial or business affairs of any particular person (including the authority holding that information)).

To consider proposals to establish an Assurance Panel for the purposes of assuring Levelling Up Fund bid proposals.

To consider management options for the provision of leisure facilities in Sandwell.(Exempt information relating to information relating to the financial or business affairs of any particular person (including the authority holding that information), and exempt information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority).

Resolved:-

That approval be given to:

That the Director of Borough Economy be authorised to undertake

detailed preparation in liaison with the Director of Finance and the

Cabinet Member for Leisure, Culture and Tourism to progress Option 2: ‘Local Authority Trading Company (LATC) for the future operation of this portfolio of the Council’s leisure facilities.