Agenda, decisions and minutes

Apologies for absence were received from Councillors Carmichael and Millard.

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

There were no declarations of interest made.

To confirm the minutes of the meeting held on 6 December 2023 as a correct record.

Resolved that the minutes of the meeting held on 6 December 2023 be approved as a correct record.

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

There were no additional items of business to consider as a matter of urgency. 

The item considering the Sandwell Residential Education Centres: Charges for the period 1 August 2024-31 July 2025 had been withdrawn and would be addressed through a wider corporate report addressing fees and charges that would be progressed as part of the overall budget decision-making process.

To approve the Information Rights Policy which sets out how the council complies with requests for information and corporate compliance with the publication scheme.

(1)          That the updated Information Rights Policy as set out in Appendix 1 be approved;

(2)          That in connection with 1.1 above, the Assistant Director for Legal and Assurance be authorised to make administrative amendments to these policies as required.

Approval was sought for the Review of Information Rights Policy.

In February 2022, the Cabinet had approved the Information Rights Policy which was the public facing policy setting out how the Council complied with requests for information (Data Subject Access Requests and requests under Freedom of Information Act and the Environmental Information Regulations), and corporate compliance with the publication scheme.

Over the last several months the Council had reviewed the policy through consultation with members of the Information Governance Board and key stakeholders in the Governance Team and ICT.

In a response to a question from the Chair of the Budget and Corporate Scrutiny Management Board, the Cabinet Member for Finance and Resources noted that staff across the Council would be updated on the Information Rights Policy and this would be done through internal communications and team briefings. Members of the Information Governance Board would also be asked to share the policy with their colleagues and update their management teams accordingly. The policy would be available on the Council’s internet pages. The policy would remain subject to continuous review, alongside training and development courses on information rights and the Council would continue to focus on ongoing improvement and transformation work to embed excellence in information governance practice.

Reason for Decision

The Council had statutory obligations to comply with requests for information via Subject Access Requests, Freedom of Information Act requests and Environmental Information Regulations.

Having a public policy that sets out how the Council complied with those obligations, assists members of the public to exercise those rights and offered assurance that the Council was meeting its duties.

The policy had been in place since January 2022 and an update was required to ensure it reflected current practices and emergent sector best practice.

Key changes to the Information Right’s Policy were:

i)              Updates in relation to changes in practices within the council;

ii)             Process in relation to other individual rights had been included.

Alternative Options Considered

The alternative option would be to not have a public policy or to retain the existing policy, neither of which would be satisfactory. Whilst the existing policy had provided the relevant information, there were updates that were required to offer the assurance to members of the public that the Council was meeting its statutory obligations.

Resolved:-

(1)          that the updated Information Rights Policy as set out in Appendix 1 is approved;

(2)          that in connection with Resolution (1) above, the Assistant Director for Legal and Assurance is authorised to make administrative amendments to these policies as required.

To consider progress on the Corporate Performance Management Framework and approve the Q2 monitoring reports.

that Cabinet note progress on the further development of the Corporate Performance Management Framework and approve the Q2 monitoring reports

Consideration was given to the Performance Management Framework – Q2 Monitoring report. The Council had approved a Corporate Performance Management Framework (PMF) on 12 April 2022, to address the recommendations of the Governance Value for Money Review by Grant Thornton and as a key element of the Council’s Improvement Plan. The corporate PMF had since been further refined and built into business processes. In June 2023, Cabinet had approved a revised Corporate Plan with a revised set of Corporate Performance Indicators.

In a response to a question from the Chair of the Budget and Corporate Scrutiny Management Board, the Cabinet Member for Finance and Resources confirmed that the PMF was a vital tool in the Council’s focus on becoming brilliant at the basics. An effective performance management framework facilitated increased accountability, learning and improvement. It also provided early warning signals and facilitated decision-making. Since it was first approved, the corporate PMF had been further refined and built into business processes. The corporate PMF included measures under all strategic objectives in the Corporate Plan to monitor progress in key areas. The PMF also included elements that measured the Council’s use of its resources to ensure delivery of the strategic objectives. The performance against the indicators and an update on the delivery of Corporate Plan actions was reported to Leadership Team, Budget and Corporate Scrutiny Management Board and Cabinet on a quarterly basis.

This would allow Senior Managers and Members to understand how effectively its plans were being implemented and whether the strategic outcomes contained in the Corporate Plan were being achieved, as well as better understand the impact of its work on local people and, where necessary, target actions and resources. The PMF also helped the organisation to think about performance issues alongside other key corporate functions such as Strategic Risk Management.

Reason for Decision

An effective performance management framework would facilitate increased accountability, learning and improvement. It also provided early warning signals and facilitated decision-making.

On a quarterly basis, the Council gathered and analysed a wide range of data and information to understand how effectively its plans were being implemented and whether the strategic outcomes contained in the Corporate Plan were being achieved.

Alternative Options Considered

There were no alternative options.

Resolved that Cabinet note progress on the further development of the Corporate Performance Management Framework and approve the Q2 monitoring reports.

That the Council prepare and submit an expression of interest and application for Sandwell to become a UNICEF Child Friendly Borough.

(1)     That Cabinet approves the preparation and submission of an expression of interest and application for Sandwell to become a UNICEF Child Friendly Borough.

(2)     That a Member Working Group is established comprising of members of the Cabinet, scrutiny and the opposition, to oversee both the submission and each of the phases within the application process of the UNICEF Child Friendly Cities programme.

(3)     That lead officers from the following service areas be appointed to sit on the Child Friendly Sandwell Officer Steering Group, to manage both the expression of interest and the application processes for a Child Friendly Sandwell:-

·      Communications

·      Community Partnerships

·      Finance

·      Legal and Governance

·      Housing

·      Regeneration

·      Public Health

·      Borough Economy

(4)     That the following statement is inserted into the Strong Resilient Communities Strategic Outcome of the Council's Corporate Plan:-

“We will work as One Council to lead the way for Sandwell to become a UNICEF Accredited Child Friendly Borough”

Approval was sought for the preparation and submission of an expression of interest and application for Sandwell to become a UNICEF Child Friendly Borough.

A child friendly borough was one that respected and promoted the rights of children and young people and provided them with opportunities to participate in its social, cultural, political and economic life. The development of a child friendly borough involved engaging with children and young people as active citizens, ensuring their safety and well-being and creating inclusive and accessible spaces and services for them.

A child friendly borough was not only beneficial for children and young people, but also for the whole community, as it fostered social cohesion, diversity, sustainability and innovation.

Delivering a child friendly borough would support the Council to deliver its commitment to equality and diversity and key elements of both the Corporate Plan and the Improvement Plan. It would also represent the Council living its values, being ambitious, inclusive, customer focused and accountable.

Whilst the Cabinet were minded to approve the recommendations approval was also sought to include a statement within the Strong Resilient Communities Strategic Outcome of the Council's Corporate Plan to incorporate a Child Friendly Sandwell.

Reason for Decision

A child friendly city was a city, town, community or any system of local governance committed to improving the lives of children within their jurisdiction by realising their rights as articulated in the UN Convention on the Rights of the Child (UNCRC) which was the most widely ratified human rights treaty in history and had helped transform children’s lives.

Delivering a child friendly borough would support the Council to deliver its commitments to equality and diversity and key elements of both the Corporate Plan and the Improvement Plan. It would also represent the Council living its values, being ambitious, inclusive, customer focused and accountable.

From the results of the boroughwide representative Budget Consultation run in 2023, we know that the most important area of Council business to residents are the services delivered to Children and Young People.

Alternative Options Considered

Appendix A set out the alternative option which would be to create a bespoke model by developing a homegrown Sandwell Child Friendly Borough framework. Given that developing and implementing a Council own model would incur similar costs to the UNICEF framework, without any of the training and mentoring support offered by UNICEF, it was felt that the UNICEF route would be better value for money.

Resolved:-

(1)          that approval is given to the preparation and submission of an expression of interest and application for Sandwell to become a UNICEF Child Friendly Borough;

(2)          that a Member Working Group is established comprising of members of the Cabinet, scrutiny and the opposition, to oversee both the submission and each of the phases within the application process of the UNICEF Child Friendly Cities programme;

(3)          that lead officers from the following service areas be appointed to sit on the Child Friendly Sandwell Officer Steering Group, to manage both the expression of interest and the  ...  view the full minutes text for item 8/24

To approve the admission arrangements for community and voluntary controlled schools for 2025-26 academic year.

that in accordance with the School Admissions Code 2021 and School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012 (“Regulations”) the Director of Children’s Services and Education be authorised to publish the Local Authority’s Admission Arrangements for 2025/26 academic year for places in all community and voluntary controlled schools as set out in Appendix 1.

Approval was sought for the Admission Arrangements for Sandwell’s Community and Voluntary Controlled Schools for 2025/26.

The School Admissions Code 2021 published in September 2021 required the Local Authority (as the admissions authority for community and voluntary controlled schools), to formally agree admission arrangements for those schools every year, even if the arrangements had not changed from previous years. Admission authorities must determine admission arrangements for entry in September 2025 by 28 February 2024.

School Admissions Code 2021 also required the local authority to consult governing bodies of community and voluntary controlled schools where it proposed either to increase or keep the same Published Admission Number (PAN).

Reason for Decision

The Local Authority must abide by the requirements of School Admissions Code 2021 and associated Regulations and determine admission arrangements for community and voluntary controlled schools each year. The proposed arrangements to apply for the 2025/26 academic year had fulfilled the Council’s obligation to consult, as some proposed changes had been made to the Policy since the last consultation was undertaken in October/November 2017. The proposed arrangements were in line with the requirements of the Admissions Code.

Alternative Options Considered

There was no alternative option open to the local authority in relation to its responsibilities for agreeing and publishing oversubscription criteria for community and voluntary controlled schools. The Local Authority must abide with the requirements of the Admissions Code. Further, determining the admission arrangements enabled the admission authority, the Local Authority, to meet its duty to provide sufficient school places and to allocate school places within a reasonable distance.

Resolved that in accordance with the School Admissions Code 2021 and School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012 (“Regulations”) the Director of Children’s Services and Education be authorised to publish the Local Authority’s Admission Arrangements for 2025/26 academic year for places in all community and voluntary controlled schools as set out in Appendix 1.

Approval was sought for the Housing and Asset Management Procurement. Approval had previously been given to award contracts for the procurement and contract award of Internal Improvement Works and External Improvement Works.

As part of the procurement review and rationalisation of contracts in

Housing and Asset Management, opportunities had been identified to amalgamate spend from the following contracts, into a single

procurement exercise under a HIP Contract:

·               Internal Improvement Programme

·               External Improvement Programme

·               Windows & Doors

·               Composite Fire Doors

·               Soil Stack Programme

·               Kitchen & Bathroom Replacement

·               Roof Replacement

The benefits to amalgamating the contracts were noted as:

·               Improved Social Value outcomes from amalgamated spend

·               Improved efficiency with one Contract to manage

·               Consistency in our approach to Contract Management

·               Consistent Key Performance Indicators that drive required outcomes

·               Create the opportunity to drive improved value and returns from the Contract

The four year term would be split on a 3+1 year term, meaning that the Council had the option to break the Contract at the end of Year 3, after assessing the requirements of the Authority, changes in legislation for Decency and also the external market pressures.

Reason for Decision

As part of the procurement review and rationalisation of contracts in Housing and Asset Management, opportunities had been identified to amalgamate spend from contracts, into a single procurement exercise under a HIP Contract.

Option 3, had been identified as the best value to the Council, it improved control of the programme, cost and quality and also gave the opportunity to increase the number of properties that could be delivered with the same value of grant funding available, therefore having a positive impact on the lives of more residents of Sandwell.

Alternative Options Considered

Following a review of the delivery and cost model, an Options Appraisal had been conducted with three options considered:

Option 1 - Appointment of a Principal Contractor through a full procurement process.

Option 2 - Appointment of a Principal Contractor through an existing framework.

Option 3 – Sandwell MBC to act as Principal Contractor to deliver the works through a number of approved supply chain partners.

Resolved:-

(1)          that the Interim Director of Housing be authorised to continue procurement for the HIP Programme based on previous Cabinet Approval with increased funding to a total value of £100million;

(2)          that the Interim Director of Housing be authorised to commence the procurement process for the Domestic Gas Appliance contract;

(3)          that approval be given to the alterations to the delivery model for Social Housing Decarbonisation Fund (SHDF) Wave 2.1, for Sandwell MBC to act as Principal Contractor and procure a range of providers for energy efficiency works;

(4)          that the Interim Director of Housing be authorised to award contracts as set out in Resolutions (1) to (3) above to the successful bidders, following a compliant procurement process that meets Public Contract Regulations 2015 and Sandwell Corporate Procurement Procedures.

To seek approval for the site currently designated as Goldicroft Playing Fields to be amended to a Neighbourhood Level Park.

(1)     That approval be given for the site currently designated as Goldicroft Playing Fields to be amended to a Neighbourhood Level Park;

(2)     That the Assistant Director of Borough Economy be authorised to complete voluntarily self-registration under section 15(1) of the Commons Act for Goldicroft Park to be designated as a Village Green.

Approval was sought for the Allocation of Village Green Status and Park Designation at Goldicroft Playing Fields.

The green spaces service had assessed the Village Green Status and Park request and had confirmed that they were satisfied that the green space could be designated as a Village Green and as a Neighbourhood Level Park.

Planning policy officers had been consulted and had confirmed there were no objections for this registration to take place.

Reason for Decision

The Friends of Goldicroft Park had made a request to the Council to consider voluntary registration under the Commons Act (Section 15.1).

Goldicroft Playing Fields was a well-used green space by the local

community, with an active Friends Group in formal partnership with the Council under the Friends Group’s Partnership Agreement.

The Friends Group had developed this space further as a community resource, with community days, informal sport activities, and conservation activities.

Alternative Options Considered

Do nothing – the green space would remain a green space open to the community, but would not be designated as a Village Green.

Resolved:-

(1)        that approval is given for the site currently designated as Goldicroft Playing Fields to be amended to a Neighbourhood Level Park;

(2)        that the Assistant Director of Borough Economy be authorised to complete voluntarily self-registration under section 15(1) of the Commons Act for Goldicroft Park to be designated as a Village Green.

(Councillor Hughes declared that he had been lobbied by local residents on the proposal and did not participate in the decision making.)

To determine the commencement date of Sandwell's new boroughwide Smoke Control Area and associated enforcement procedure.

That Cabinet gives approval to:

(1)     ‘The Borough of Sandwell Smoke Control Order 2022’ coming into operation on 1st July 2024.

(2)     The introduction of an enforcement procedure that includes education, engagement and support, with the option to serve civil financial penalty notices (FPNs) for persistent breaches of the rules, reflecting amendments to the Clean Air Act 1993 brought about by the Environment Act 2021 as set out in Appendix 2.

Approval was sought for determining the  commencement date of Sandwell’s new boroughwide Smoke Control Area and associated enforcement procedure.

The Council had already committed to the creation of a boroughwide smoke control area following a unanimous decision by Council members in November 2022. In February 2023 the ‘Borough of Sandwell Smoke Control Order 2022’ was formally declared.

On 2 August 2023 Thérèse Coffey the Secretary of State for the Environment, Food and Rural Affairs (Defra) revoked Sandwell’s 52

existing smoke control orders and confirmed the creation of Sandwell’s new boroughwide smoke control order. There was an expectation from Defra that as a local authority with a Smoke

Control Order, the Council would enforce the Order.

Defra had confirmed in writing to Sandwell’s Air Quality team on 9 November 2023, that they were not aware of any other local authority with smoke control areas that would not be implementing the new financial penalty notice enforcement regime. They also reiterated that it ‘was important that local authorities use these new powers in order to reduce harmful emissions of PM2.5 from solid fuel burning’.

Reason for Decision

Sandwell Council had committed to the creation of a boroughwide smoke control area following a unanimous decision by Council members in November 2022. In February 2023 the ‘Borough of Sandwell Smoke Control Order 2022’ was formally declared. The Order established the provision to serve civil financial penalty notices for breach of the Order.

Alternative Options Considered

Sandwell Council had undertaken a formal public consultation and committed to the introduction of a boroughwide smoke control area by declaring the ‘Borough of Sandwell Smoke Control Order (SCO) 2022’.

Defra had been awaiting confirmation of the date that the SCO would come into force. The only alternative options were:

·      setting an alternative date for the SCO to come into operation – legally this could not be before 3 February 2024;

·      not using Council powers to serve civil financial penalty notices on those breaching the Order. The decision to recommend the option of using civil FPNs had been determined using an options appraisal;

·      setting an alternative financial penalty regime for breaches of the smoke control area. For example, creating an incremental penalty scheme where fines increase incrementally with subsequent offences.

Resolved:-

(1)          that approval is given to ‘The Borough of Sandwell Smoke Control Order 2022’ coming into operation on 1 July 2024;

(2)          that the introduction of an enforcement procedure that includes education, engagement and support, with the option to serve civil financial penalty notices for persistent breaches of the rules, reflecting amendments to the Clean Air Act 1993 brought about by the Environment Act 2021 as set out in Appendix 2 be approved.

To seek approval to Wednesbury’s Conservation Area Appraisal and Management Plan.

that approval be given to Wednesbury’s Conservation Area Appraisal and Management Plan contained at Appendix A, and that the conservation area’s boundaries are extended in accordance with the recommendations contained in the appraisal.

Approval was sought for the Wednesbury Conservation Area Appraisal, Management Plan and boundary review. The Planning (Listed Buildings and Conservation Areas) Act placed a

duty on local planning authorities to draw up proposals for the

preservation and enhancement of conservation areas and to reappraise them. Local authorities were expected to ensure that an area justified designation as a conservation area because of its special architectural or historic interest, so that the concept of conservation was not devalued through the designation of areas that lacked special interest.

Reason for Decision

Conservation Area Appraisals and Management Plans were a recognised way of putting in place additional planning guidance and a material consideration in determining planning applications, providing a greater level of protection for heritage. The documents should assist both applicants, when making relevant planning applications and the Council in determining them.

The designation of adjacent areas that had been identified as meriting inclusion would promote the conservation of the character and appearance of the area through greater protection for historic features and buildings and resisting inappropriate change/redevelopment.

Alternative Options Considered

The Council could choose not to adopt the Conservation Area Appraisals or Management Plans. Any relevant planning application would continue to be assessed against existing planning policies (including the existing Wednesbury Conservation Area Appraisal). However, this would not allow the Council to provide additional protection to the proposed extension areas nor give enhanced practical guidance or greater clarity to the approach that should be employed applicants and decision makers.

Resolved that approval be given to Wednesbury’s Conservation Area Appraisal and Management Plan contained at Appendix A, and that the conservation area’s boundaries are extended in accordance with the recommendations contained in the appraisal.

To approve Sandwell’s response to Dudley’s  Local Plan.

(1)     That approval be given to Sandwell’s response on the draft local plan consultation for submission to Dudley MBC as set out in Appendix 1.

(2)     That in connection with (1) above, the Director of Regeneration and Growth be authorised to amend the responses as necessary.

Approval was sought for the Council’s response to the draft Dudley Local Plan consultation. The key issue was the impact on the wider housing and employment land supply of Dudley’s decision to remove certain sites from consideration.

Dudley was proposing a reduction in the supply of land for housing in its local plan compared to that proposed in the Black Country Plan. This was a result of their intention to not allocate land that was in Green Belt.

The Black Country Plan proposed that a total of 1,117 net additional homes would be provided in Dudley over the period 2020-39 in the Green Belt. The Dudley local plan proposed 10,876 homes over the period 2023-41 (not including any in the Green Belt). Housing need in Dudley over this period was 11,954 homes (664 homes per year).

The plan stated that this would result in a shortfall of 1,078 homes. If the Green Belt sites identified for housing in the Black Country Plan were brought forward, this would meet their shortfall and create a surplus of 39 homes. This would therefore negate the need to export the shortfall of 1,078 homes to other authorities in the wider area under the Duty to Co-operate.

Until the outcome of the consultation was known Dudley were asked to look to allocate those sites that were previously found suitable and available in the Green Belt to meet their housing need in full.

Reason for Decision

Following the decisions of the four Black Country local authorities to cease work on the Black Country Plan (BCP), each authority was now beginning work on their own local plans.

Sandwell Council was currently consulting on their draft Local Plan and had identified a shortfall of 18,606 homes and 143ha of employment land. The Council was therefore reliant on neighbouring authorities to contribute to meeting our needs through the allocation of land in their respective local plans, that was additional to that required to meet their local needs.

Alternative Options Considered

If Sandwell did not respond to the consultation this would mean that future discussions on assistance with housing shortfalls may be hindered and the Council would not be able to speak at the Examination in Public to address any issues with Dudley’s Local Plan.

Resolved:-

(1)          that approval be given to Sandwell’s response on the draft local plan consultation for submission to Dudley MBC as set out in Appendix 1;

(2)          that in connection with Resolution (1) above, the Director of Regeneration and Growth be authorised to amend the responses as necessary.

To approve the Social Value in Sandwell Policy.

(1)     That Cabinet approve the Social Value in Sandwell Policy that will apply to all Sandwell Metropolitan Borough Council commissioners, all expenditure made on behalf of the council, for all services, goods, and works contracts, and planning officers determining planning applications that are over 10 residential units or exceed 10,000 sqm.

(2)     That Cabinet give approval for a tendering evaluation quality weighting of 10-30% on Social Value for all services, goods and works contracts and Full Council be recommended to approve an update to the existing Contract Procedure Rules to reflect this change, which is currently 5-30%.

(3)     That Cabinet delegate authority to the Head of Procurement to determine if and how the Social Value in Sandwell Policy is applied to contracts to ensure proportionality against Social Value weightings and contract value thresholds.

Approval was sought to the Social Value in Sandwell Policy. In November 2023, the Council approved the Sandwell Business Growth Plan and the economic priority of ‘Social Value in Sandwell’

making a commitment to develop a Social Value Policy along with a framework of support for commissioners, Sandwell’s anchor organisations and contractors to employ and buy locally through embedding good social value practice within all contracts.

The emphasis of the Social Value in Sandwell Policy was to encourage the retainment of wealth within the local economy to ensure economic growth that was inclusive and benefits Sandwell communities. The Social Value in Sandwell Policy was the first step in enshrining the council’s commitment into the Council’s procurement practices and applied to all commissioners and planning officers within the Council.

Reason for Decision

The existing Social Value Policy (2010-2013) for Sandwell was not fit for purpose in that it did not reflect contemporary best practice and did not align with the Social Value in Sandwell priority as set out in the Sandwell Business Growth Plan, approved by Cabinet on 15 November 2023. The policy currently only applied to services and goods contracts, however, the Social Value in Sandwell Policy proposed to go further and include works contracts.

The current tendering evaluation weighting of 5-30% on Social Value for services and goods contracts was not ambitious enough, considering the contact values of services, goods and works the Council as an anchor organisation commissioned, the planning applications it determined and the investment it levers into the borough. Increasing the minimum weighting to 10% with a maximum of 30% demonstrates the Council’s commitment to maximising Social Value outcomes that could be derived due to the Council’s influence as an anchor organisation.

Alternative Options Considered

The Council did not adopt the Social Value in Sandwell Policy and retained the existing weightings and thresholds.

The Council considered alternative weightings and thresholds within a Social Value in Sandwell Policy.

Resolved:-

(1)          that approval is given to the Social Value in Sandwell Policy that will apply to all Sandwell Metropolitan Borough Council commissioners, all expenditure made on behalf of the council, for all services, goods and works contracts, and planning officers determining planning applications that are over 10 residential units or exceed 10,000 sqm;

(2)          approval be given for a tendering evaluation quality weighting of 10-30% on Social Value for all services, goods and works contracts;  

(4)          that the Head of Procurement be authorised to determine if and how the Social Value in Sandwell Policy is applied to contracts to ensure proportionality against Social Value weightings and contract value thresholds.

To seek approval for the updated Local Development Scheme for the period 2023 - 2026.

(1)     That approval be given to the update of the Sandwell Local Development Scheme (LDS) 2022.

(2)     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 and WMCA.

Approval was sought for the Sandwell Local Development Scheme 2023. The Local Development Scheme was the Council’s three-year project plan that identified which local plan documents would be produced by the Council, in what order and by when. Any new documents would be subject to Cabinet and Full Council approval at the relevant stages.

Reason for Decision

The Council needed to review its planning documents at regular intervals to assess whether some or all of them need updating. The Local Development Scheme provided information on the timetabling of several existing approved planning documents that needed to be reviewed.

Local Planning Authorities were required to prepare their Local Development Scheme and make it available to the public; there was no longer a requirement to submit or report on them to the Secretary of State.

Alternative Options Considered

Preparation of a Local Development Scheme was a requirement of the Planning and Compulsory Purchase Act 2004. As such, there was no alternative to its preparation.

Resolved:-

(1)          that approval is given to the update of the Sandwell Local Development Scheme (LDS) 2022;

(2)          that the Director for Regeneration and Growth is 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 and WMCA.

To consider and approve proposals in relation to Smethwick to Birmingham Inclusive Growth Corridor – Initial scheme.

(1)     That approval in principle be given to the proposed sustainable transport and highway improvements that make up the Smethwick to Birmingham Inclusive Growth Corridor Transportation Package as shown on Drawing no. 5216493-ATK-HI-ZZ-DR-D-0113 (attached at Appendix A);

(2)     That the Cabinet Member for Regeneration & WMCA be authorised to approve the carrying out of public consultation in connection with (1) above;

(3)     That any objections received in connection with (2) above be considered by the Cabinet Member for Environment & Highways in conjunction with the Cabinet Member for Regeneration & WMCA at a future Decision Making Session;

(4)     That the Director Regeneration & Growth be authorised to approve the submission an Outline Business Case to the West Midlands Combined Authority;

(5)     That approval be given for the Cabinet Member for Environment & Highways to authorise the Assistant Director-Legal & Assurance in conjunction with Assistant Director-Highways to enter into an agreement with Birmingham City Council under section 8 of the Highways Act 1980;

(6)     That approval be given for the land coloured red on Drawing No. SBIGCIMPLINE-001 (attached at Appendix B) as land comprised within the sites of highways which it is proposed should be constructed, improved or altered for the purposes of Schedule 13, paragraph 15 of the Town and Country Planning Act 1990.

Approval was sought for the initial Smethwick to Birmingham Inclusive Growth Corridor scheme. The Smethwick to Birmingham Inclusive Growth Corridor Transportation Package formed part of the West Midlands City Region Sustainable Transport Settlement (CRSTS) Programme approved by the West Midlands Combined Authority (WMCA) Board on 14 January 2022. The Sandwell elements of this programme had been approved by Cabinet in July 2022. Once detailed design was completed and the Outline Business Case had been assessed by WMCA, further approvals would be necessary to enable the scheme to proceed to Full Business Case and delivery.

Reason for Decision

The project was at the stage where specific approvals were required to enable it to progress through the WMCA Single Assurance Framework Process, be consulted on with the public and stakeholders, and then be taken to the next stages of design and business case preparation.

The proposed scheme would involve construction on land that sat outside of the boundary of the public highway and, in some cases, not in the ownership of the Council. The precise extent of this land would depend on the detailed design of the proposals. However, in order to safeguard the land from development which might otherwise prevent the proposals from being implemented, it was proposed to impose highway improvement lines using powers conferred on the Council through the Town & Country Planning Act, 1990.

Alternative Options Considered

The alternative option was to not deliver a highway improvement scheme at this location using the allocated City Region Sustainable Transport Settlement for this project and for this funding to be used for an alternative project which may not necessarily be in Sandwell. There was therefore a risk of losing significant investment for transport infrastructure improvements in Sandwell.

Resolved:-

(1)          that approval in principle is given to the proposed sustainable transport and highway improvements that make up the Smethwick to Birmingham Inclusive Growth Corridor Transportation Package as shown on Drawing no. 5216493-ATK-HI-ZZ-DR-D-0113 (attached at Appendix A);

(2)          that the Cabinet Member for Regeneration & WMCA be authorised to approve the carrying out of public consultation in connection with Resolution (1) above;

(3)          that any objections received in connection with Resolution (2) above be considered by the Cabinet Member for Environment & Highways in conjunction with the Cabinet Member for Regeneration & WMCA at a future Decision Making Session;

(4)          that the Director Regeneration & Growth is authorised to approve the submission an Outline Business Case to the West Midlands Combined Authority;

(5)          that approval is given for the Cabinet Member for Environment & Highways to authorise the Assistant Director-Legal & Assurance in conjunction with Assistant Director-Highways to enter into an agreement with Birmingham City Council under section 8 of the Highways Act 1980;

(6)          that approval is given for the land coloured red on Drawing No. SBIGCIMPLINE-001 (attached at Appendix B) as land comprised within the sites of highways which it is proposed should be constructed, improved or altered for the purposes of Schedule 13, paragraph 15 of the Town and Country Planning Act 1990.

To consider the adoption of the Single Use Plastic Policy.

that approval be given to adopt the Single Use Plastic Policy as provided in Appendix 1 in order to meet and exceed our requirements under the Government’s Single Use Plastics Ban.

Approval was sought for the Single Use Plastics Policy.

The policy provided the framework to assess, reduce and monitor our use of plastics. Reducing the amount of waste within Council offices would help reduce disposal costs. Reducing plastic waste could lead to fewer carbon dioxide emissions, a safer environment for wildlife and better human health. Implementation of the Single Use Plastics Policy would also contribute towards Council commitments laid out in the Climate Change Strategy.

The Council needed to lead by example to work with communities and businesses in helping them reduce their use of plastics, increase recycling rates and mitigate the impacts of climate change.

Reason for Decision

The adoption of the Policy would ensure the Council were compliant with the Government Single Use Plastics Ban which came into force on 1 October 2023.

The Single Use Plastics Ban only addressed some Single Use Plastics and many others such as packaging, drinks bottles or plastic lined coffee cups were not included.

The policy enabled the Council to exceed the minimum requirements of the ban and take a positive lead in reducing the harmful impact of single use plastics across the borough.

Alternative Options Considered

Rejecting the policy would increase the risk of sites not being compliant with the Single Use Plastic ban and limit compliance with the Climate Change Strategy and the Council’s ability to show leadership on this issue.

Aspects of the policy outside the Single Use Plastics Ban could be removed, limiting compliance with the Climate Change Strategy.

Resolved that approval be given to adopt the Single Use Plastic Policy as provided in Appendix 1 in order to meet and exceed our requirements under the Government’s Single Use Plastics Ban.