Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 18 June 2012

The Minutes (copies of which had been circulated) of the meeting held on 18 June 2012 were approved as a correct record and signed by the Chair.

Councillors and officers to declare any interests which they have in any of the items on the agenda for the meeting.

Councillors and officers were invited to declare any interests which they had in any of the items on the agenda for the meeting.

The following interest was declared:-

Personal Interest

RESOLVED – That in order to prevent the disclosure of information which was not for publication relating to the financial or business affairs of the any particular person (including the authority), the disclosure of which would not be in the public interest, would not be fair and would be in breach of Data Protection principles, the public be excluded from the meeting during consideration of the ‘not for publication’ appendices to Agenda Item 15 – ‘Offerton Precinct’ (see Minute 11 below).

There were no call-in items to consider.

To consider a report of the Corporate Director, Corporate and Support Services.

The purpose of this report is to provide an overview of complaints, as at the 4^th quarter (January - March) 2011/12. The report also compares complaints received in 2011/12 with the complaints received in 2010/11.

The Executive noted the report on 9 July 2012

The Scrutiny Committee is invited to:

·         Review performance information contained in this report, and

·         Comment on the performance measures reported and suggest any additional information that might be collected in future.

Officer contact, Anwar Majothi, Corporate Complaints Manager, telephone number 0161 474 3182, email anwar.majothi@stockport.gov.uk

A representative of the Corporate Director for Corporate and Support Services submitted a report (copies of which had been circulated) providing an overview of complaints, as at the fourth quarter (January - March) 2011/12. The report also compares complaints that had been received in 2011/12 with the complaints received in 2010/11.

The following comments were made/ issues raised:-

·         Further clarification was requested on the outcomes of school appeals where a reappeal had been offered as a local settlement.

·         It was noted that although the number of complaints in respect of Environmental Services had reduced, a significant proportion of all complaints lodged still related to its activities.  

·         A member requested further information in respect of the number of temporary staff within Development Control and the training that they received following the publication of a planning decision notice on the Council’s website in advance of the final decision being made.

RESOLVED – That the report be noted.

To consider a report of the Corporate Director, Corporate and Support Services.

The Annual Corporate Performance and Resource Report was approved by the Executive on 9 July. It reflects the corporate position in delivering the Council’s priorities, revenue budget and capital programme during 2011/12, and highlights progress on implementing key strategic projects and managing corporate risks.

In line with the terms of reference for the Committee, the report provides a corporate overview of Council performance as a whole, rather than on the performance of individual services which is considered through the Portfolio Performance and Resource Reports reported to associated Scrutiny Committees.

This Corporate Report and the individual Portfolio Performance and Resources Reports (PPRRs) considered elsewhere on the agenda reflect the portfolio responsibilities for 2011/12, which have subsequently been refreshed for 2012/13.

Where significant activity or decisions have been made since the end of the last financial year, these have been included to ensure that the report remains timely. These will also be reported within the first update for 2012/13 at the next meeting of the Committee.

The Scrutiny Committee is invited to:

·         Consider the Corporate Performance and Resource Report.

·         Review the out-turn performance and budgets for 2011/12, and progress in delivering Corporate priorities.

Officer contacts, Andrea Stewart, Head of Performance & Information Services andreaj.stewart@stockport.gov.uk (474 3243) or Christine Buxton, Head of Financial Management christine.buxton@stockport.gov.uk (474 4124)

The Corporate Director for Corporate and Support Services submitted a report (copies of which had been circulated) detailing the Annual Corporate Performance and Resource Report which had been approved by the Executive at its meeting on 9 July 2012. The report reflected the corporate position in delivering the Council’s priorities, revenue budget and capital programme during 2011/12, and highlighted progress on implementing key strategic projects and managing corporate risks.

In line with the terms of reference for the Scrutiny Committee, the report provided a corporate overview of Council performance as a whole, rather than on the performance of individual services which would be considered through the Portfolio Performance and Resource Reports reported to associated Scrutiny Committees.

The following comments were made/ issues raised:-

·         Further information was requested on the breakdown of the 1,000 jobs that had been created as a result of the £8.5 million of funding that had been secured to support business and economic development projects.

·         It was clarified that that the £30,000 deficit that was shown within the report in respect of the Corporate Efficiency Plan resulted from a shortfall of £30,000 in achieving a £0.5 million savings target.

·         There would be further legal costs associated with the winding up of the Offerton Park Parish Council in addition to those detailed in the report.

·         A member requested further information on the £30,000 deficit shown in the report in respect of Lyme Park.

RESOLVED – That the report be noted.

To consider a report of the Corporate Director, Corporate and Support Services.

Annual Portfolio Performance and Resource Reports for the Customer Focus and Finance Portfolios, which fall within the remit of this Scrutiny Committee, are presented for consideration by the Committee. These provide an overview of the out-turn position in delivering the portfolio priorities, budgets and capital programmes for 2011/12.

These reports reflect the portfolio responsibilities for 2011/12, which have subsequently been refreshed. New portfolios for 2012/13 are contained within the refreshed Council Plan and Budget, and are considered elsewhere on this agenda.  

Where significant activity or decisions have been made since the end of the last financial year, these have been included to ensure that the report remains timely. These will also be reported within the first update for 2012/13 at the next meeting of the Committee.

The Scrutiny Committee is invited to:

·         Consider the Annual Portfolio Performance and Resource Reports, 

·         Review the out-turn performance and budgets for 2011/12;

·         Highlight key areas of and responsibility for taking forward corrective action to address any existing or forecast performance or resource issues.

·         Identify how areas of strong performance and good practice can be shared in other services.

Officer contacts, Paul James, Business Services Manager paul.james@stockport.gov.uk (474 5430) or Susan Wood, Strategic Accountant (CSS/OCE) susan.wood@stockport.go.uk (218 1032)

The Corporate Director for Corporate and Support Services submitted a report (copies of which had been circulated) detailing the Annual Portfolio Performance and Resource Reports for the Customer Focus and Finance Portfolios, which fell within the remit of the Scrutiny Committee.

RESOLVED – That the report be noted.

To consider a report of the Corporate Director, Corporate and Support Services.

The new Executive portfolio roles and responsibilities were reported to the Council Meeting on 22 May 2012. The 2012/13 Council Plan and Budget, approved at the Council Meeting of 23 February 2012, have therefore been reconfigured to reflect the changes to Portfolio responsibilities.

An updated version of the Council Plan and the Budget were approved by the Executive at its meeting of 9 July 2012. It should be made clear that this does not involve making changes to policies, priorities or budget allocations that have not been otherwise agreed. Rather, the exercise involves re-aligning the existing priorities, performance measures; cash limit budgets and reserves, and the capital programme with the new portfolio responsibilities.

Appendix One restates to the Council Plan. Appendix Two provides details of the revisions necessary to the revenue and capital budgets to accurately reflect the new portfolios and their responsibilities.

As part of the Council’s revised performance and resource management framework individual Portfolio Performance and Resource Agreements (PPRAs) have been prepared. The Agreements for the Portfolios relevant to this Committee are included for more detailed consideration elsewhere on the agenda for this meeting. 

The Scrutiny Committee is invited to consider the restated Council Plan and realigned Budget for 2012/13 as set out in the appendices.

Officer contacts, Steve Skelton, Policy and Partnership Manager (x3174), Peter Owston, Assistant Head of Improvement & Performance (x3274) or Andy Moran, Strategic Accountant - Technical (x4086)

The Corporate Director for Corporate and Support Services submitted a report (copies of which had been circulated) detailing the reconfiguration of the 2012/13 Council Plan and Budget to reflect the changes to the portfolio responsibilities which were reported to the meeting of the Council on 22 May 2012. 

The updated version of the Council Plan and the Budget were approved by the Executive at its meeting on 9 July 2012 and the report details the revisions necessary to the revenue and capital budgets to accurately reflect the new portfolios and their responsibilities.  It was noted that this did not involve making changes to policies, priorities or budget allocations that had not been otherwise agreed but rather re-aligning the existing priorities, performance measures; cash limit budgets and reserves, and the capital programme with the new portfolio responsibilities.

RESOLVED – That the report be noted.

To consider a report of the Corporate Director, Corporate and Support Services.

The reconfigured Council Plan and Budget, considered elsewhere on the agenda, is supported by ten Portfolio Performance and Resource Agreements (PPRAs).  These set out in detail the priority outcomes, measures, budgets, projects and risks that will form the basis for Portfolio reports during 2012/13.

The new Portfolios within the remit of the Corporate, Resource Management and Governance Scrutiny Committee are;

·         Policy, Reform and Finance

·         Governance and Corporate Services

These are attached for consideration by the Scrutiny Committee.

The PPRAs have been approved by Portfolio Holders and published alongside the Executive report of 9 July and are being considered by Scrutiny Committees during the July cycle.

Regular reports will then be presented to provide an update on progress in delivering priorities and budgets, and an opportunity for Scrutiny Committees to consider this in detail. Comprehensive mid-year and annual Corporate and Portfolio Performance and Resource Reports will be supplemented by update reports for the first and third quarters.

The Scrutiny Committee is invited to consider the Portfolio Performance and Resource Agreements.

Officer contacts, Paul James, Business Services Manager paul.james@stockport.gov.uk (474 5430) or Susan Wood, Strategic Accountant (CSS/OCE) susan.wood@stockport.go.uk (218 1032)

The Corporate Director for Corporate and Support Services submitted a report (copies of which had been circulated) detailing the new Executive portfolio roles and responsibilities which had been reported to the Council Meeting on 22 May 2012.

It was reported that the refreshed Council Plan and Budget, approved by the Executive on 9 July 2012, was supported by ten Portfolio Performance and Resource Agreements (PPRAs).  These set out in detail the priority outcomes, measures, budgets, projects and risks that would form the basis for Portfolio reports during 2012/13.

The PPRAs had been approved by Portfolio Holders and published alongside the Executive report of 9 July 2012 and were now being considered by the relevant Scrutiny Committees.

It was stated that the new Portfolios within the remit of the Corporate, Resource Management and Governance Scrutiny Committee were Policy, Reform and Finance; and Governance and Corporate Services.

RESOLVED – That the report be noted.

To consider a joint report of the Corporate Director for Corporate and Support Services and the Service Director (Place Development).

 The report details proposals for the Council to enter into an agreement with Secretary of State to retain additional receipts for the provision of new housing stock in the borough. 

 On 12 March 2012, Ministers announced that the cap on Right to Buy (RTB) discounts would be raised to £75,000 and that receipts from the additional sales this would generate would be used to fund replacement stock on a one-for-one basis.  At the same time Ministers announced that their favoured option of delivering this replacement stock would be through local authorities retaining the additional receipts to spend in their areas.

The Comments of the Adults and Communities Scrutiny Committee on 23 July 2012 will be reported at the meeting.

 The Scrutiny Committee is invited to:-

·         Comment on the report; and,

·         Endorse Stockport entering into an agreement with the Secretary of State in order to utilise these potential receipts for the provision of new housing stock within the Borough. 

 Officer contact: Michael Cullen on 474 4631 or email: michael.cullen@stockport.gov.uk

A representative of the Service Director (Place Development) submitted a report (copies of which had been circulated) detailing proposals for the Council to enter into an agreement with Secretary of State to retain additional receipts for the provision of new housing stock in the borough.

It was reported that on 12 March 2012, Ministers had announced that the cap on Right to Buy discounts would be raised to £75,000 and that receipts from the additional sales this would generate would be used towards funding replacement stock on a one-for-one basis.  At the same time Ministers announced that their favoured option of delivering this replacement stock would be through local authorities retaining the additional receipts to spend in their areas.

It was reported that this item had been considered by the Adults and Communities Scrutiny Committee at its meeting on 23 July 2012 which had recommended that the Executive gave consideration to the concerns expressed by all members of the Scrutiny Committee and with particular regard to the impact of the proposals on the social rented housing stock in Stockport and the potential impact of the additional cost of land acquisition, should that be necessary.

The following comments were made/ issues raised:-

·         The changes to the Right to Buy Scheme gave further incentive to tenants to buy their home.

·         If Stockport did not enter into an agreement with the Secretary of State, the additional receipts raised through the sale of properties under the scheme would go to Homes and Communities Agency and would not be directly reinvested in Stockport.

·         The difference between the new build cost and the use of retained receipts up to 30% of the total amount invested in replacement stock would be funded by borrowing against future rent revenue.  Concern was expressed about the financial liability that would be incurred through funding new development through this model.

·         Any properties sold through the Right to Buy Scheme would be subject to clawback on a sliding scale over a five year period should they be resold.

·         The Executive needed to give full consideration to the financial implications of the revisions to the Right to Buy scheme.

MOVED AND SECONDED – That the Scrutiny Committee not endorse the proposal for Stockport to enter into an agreement with the Secretary of State in order to utilise these potential receipts for the provision of new housing stock within the Borough.

AMENDMENT MOVED AND SECONDED – That the comments of the Scrutiny Committee be forwarded to the Executive for its consideration.

AMENDMENT CARRIED

It was then

RESOLVED - That the comments of the Scrutiny Committee be forwarded to the Executive for its consideration.

To consider a joint report of the Corporate Director, Corporate and Support Services and Service Director Place Development

The purpose of this report is to invite the Scrutiny Committee to comment upon the following recommendations to the meeting of the Executive on 20 August 2012:

·         To amend the existing Development Agreement between the Council and the preferred developer of the Offerton Precinct, Tenbest, to allow the development of the Offerton Precinct site for the benefit of the local community; and

·         To agree that if, despite the proposed amendment to the existing Development Agreement, appropriate progress is not made by the end of November 2012, the Council will need to take over control of the project by serving a General Vesting Declaration (GVD) over the site in accordance with the existing Compulsory Purchase Order (CPO).

The Scrutiny Committee is invited to comment on the recommendations in paragraph 6 of the report.

Officer contact George Perrin on 0161 474 4510 george.perrin@stockport.gov.uk

A representative of the Corporate Director for Corporate and Support Services submitted a joint report of the Corporate Director for Corporate and Support Services and Service Director (Place Development) inviting the Scrutiny Committee to comment upon the proposed recommendations to the meeting of the Executive on 20 August 2012 to:-

·         amend the existing Development Agreement between the Council and the preferred developer of the Offerton Precinct, Tenbest, to allow the development of the Offerton Precinct site for the benefit of the local community; and

·         agree that if, despite the proposed amendment to the existing Development Agreement, appropriate progress is not made by the end of November 2012, the Council will need to take over control of the project by serving a General Vesting Declaration (GVD) over the site in accordance with the existing Compulsory Purchase Order (CPO).

(NOTE: the report included information ‘Not for Publication’ contained within its appendix that had been circulated to members of the Scrutiny Committee only)

RESOLVED - That the Executive be recommended to give approval to the recommendations contained within the report.

To consider a report of the Assistant Chief Executive (Strategy, Policy, Partnerships & Transformation).

The Community Right to Challenge (CRtC) was introduced as part of the Localism Act, and came into force on 27th June.  This means that the Council must consider expressions of interest (EOI) from relevant bodies in providing a service, and where they accept an EOI, must carry out a procurement exercise for the service.

In order to ensure that the Council was compliant by the implementation date a process was developed and presented for an Executive Member decision on the proviso that further consultation be undertaken with both CRMG Scrutiny Committee and Anchorpoint prior to a final report being presented to Executive on 20th August.

This report invites the Scrutiny Committee to comment on the interim scheme prior to consideration by the Executive on 20 August 2012.

The Scrutiny Committee is invited to comment on the interim scheme prior to consideration by the Executive on 20 August 2012.

Officer contact Holly Rae or Annalie Burns, Corporate Policy Officers on 474 3167.

A representative of the Assistant Chief Executive (Strategy, Policy, Partnerships & Transformation) submitted a report (copies of which had been circulated) outlining the implications of the ‘Community Right to Challenge’ which was introduced as part of the Localism Act, and came into force on 27 June 2012.

It was reported that the Right was initially expected to come into force in October, however, at the end of May it was discovered that implementation had been bought forward to June.  In order to ensure that the Council was compliant by the implementation date a process was developed and presented for an Executive Councillor decision on the proviso that further consultation be undertaken with both the Scrutiny Committee and Anchorpoint prior to a final report being presented to Executive Meeting on 20 August 2012.

The following comments were made/ issues raised:-

·         Although there were strict criteria about who could initiate a Community Right to Challenge through an Expression of Interest, the subsequent tendering process was open to all organisation to participate.

·         It was commented that the Community Right to Challenge process did not favour small community groups.

·         Concern was expressed about the potential for the Community Right to Challenge to be exploited by large organisations to open up previously untendered services to private sector enterprises.

RESOLVED – That the report be noted.

To consider a report of the Partnership & Policy Manager

The Scrutiny Committee is recommended to note the résumé of the meeting of the Stockport Partnership Board held on 13 June 2012

Officer contact: Steve Skelton, Policy & Partnership Manager Tel 474 3174; email steve.skelton@stockport.gov.uk

The Scrutiny Committee considered a résumé (copies of which had been circulated) of the meeting of the Stockport Partnership Board held on 13 June 2012.

RESOLVED – That the résumé of the meeting of the Stockport Partnership Board held on 13 June 2012 be noted.

This item has been placed on the agenda at the request of Councillor Philip Harding.

To consider a report of the Head of Democratic Governance

The Electoral Registration and Administration Bill makes provision for the introduction of Individual Electoral Registration (IER) from 2014 onwards. This report outlines the provisions within the bill including the implications for individual electors and the future of the household canvass. It also looks at the possible implications for the size of the electoral register from 2014 onwards

The Scrutiny Committee is invited to:

·         Comment on the report; and

·         Request a further report and action plan providing details of the arrangements for the introduction and implementation of individual electoral registration to ensure levels of registration of Stockport electors are maximised following the publication of secondary legislation.

Officer contact Steve Callender telephone number 0161 474 3184 or e-mail steve.callender@stockport.gov.uk.

The Chair reported that this item had been placed on the agenda at the request of Councillor Harding.

The Head of Democratic Governance submitted a report (copies of which had been circulated) outlining the provisions of the Electoral Registration and Administration Bill as related to the introduction of Individual Electoral Registration from 2014 onwards including the implications for individual electors and the future of the household canvass.  The report also detailed the possible implications for the size of the electoral register from 2014 onwards.

Members expressed concern about the inequality in the distribution of voter registration throughout the Borough and that this had the potential to be exacerbated by the move to Individual Electoral Registration.

RESOLVED – (1) That the report be noted.

(2) That the Head of Democratic Governance be requested to submit a further report to a future meeting of the Scrutiny Committee incorporating an action plan and providing details of the arrangements for the introduction and implementation of individual electoral registration to ensure levels of registration of Stockport electors are maximised following the publication of secondary legislation.

This item has been placed on the agenda at the request of Councillor Philip Harding.

To consider a report of the Head of Democratic Governance

The report invites the Scrutiny Committee to consider the level of electoral turnout in Stockport compared to the national average; to consider the difference in turnout between electoral wards; and to consider the activity being undertaken to encourage participation.

The Scrutiny Committee is invited to comment on the report.

Officer contact Steve Callender telephone number 0161 474 3184 or e-mail steve.callender@stockport.gov.uk

The Chair reported that this item had been placed on the agenda at the request of Councillor Harding.

The Head of Democratic Governance submitted a report (copies of which had been circulated) inviting the Scrutiny Committee to consider the level of electoral turnout in Stockport compared to the national average; to consider the difference in turnout between electoral wards; and to consider the activity being undertaken to encourage participation.

It was commented that further consideration needed to be given to the development of further measures at a local level to support the promotion of electoral participation.

RESOLVED – That the report be noted.

To consider a report of the Corporate Director, Corporate and Support Services.

The Scrutiny Committee are invited to comment on the arrangements (including the shadow arrangements) for the Greater Manchester Police and Crime Panel.

The Scrutiny Committee is invited to make comments about the proposals outlined in the report and recommend that the Executive on 20 August and Council Meeting on 27 September approve the recommendations set out in the report.

Officer contact Steve Callender on 0161 474 3184 or steve.callender@stockport.gov.uk

The Head of Democratic Governance submitted a report (copies of which had been circulated) inviting the Scrutiny Committee to comment on the arrangements (including the shadow arrangements) for the Greater Manchester Police and Crime Panel.

RESOLVED – That the report be noted.

To consider a report of the Corporate Director of Corporate and Support Services.

The report invites the Scrutiny Committee to comment the Asset Management           Plan (AMP) capital programme for 2012/13 and 2013/14 and the funding arrangements to support the programme. The AMP capital programme is used to carry out upgrade and improvements to core operational buildings within the Council’s corporate estate. A bid for Corporate Funding for the Asset Management             Programme is necessary as the capital financing costs of these works cannot be met from the Single Property Budget cash limits.

The Executive on 20 August 2012 are recommended to approve the Asset Management Plan Capital programme for 2012/13 and 2013/14, and the matching of Salix funding capital projects up to the proposed allocation outlined in the report.

The Scrutiny Committee is invited to comment on the report

Officer contact Murray Carr on telephone number 0161 474 3649 or alternatively email murray.carr@stockport.gov.uk.

A representative of the Corporate Director for Corporate and Support Services submitted a report (copies of which had been circulated) detailing the Scrutiny Committee to comment the Asset Management Plan capital programme for 2012/13 and 2013/14 and the funding arrangements to support the programme.

The capital programme would be used to carry out upgrade and improvements to core operational buildings within the Council’s corporate estate. A bid for Corporate Funding for the Asset Management Programme was necessary as the capital financing costs of these works cannot be met from the Single Property Budget cash limits.

The Executive Meeting on 20 August 2012 are recommended to approve the Asset Management Plan Capital programme for 2012/13 and 2013/14, and the matching of Salix funding capital projects up to the proposed allocation outlined in the report.

The following comments were made/ issues raised:-

·         Ongoing maintenance works to buildings which had been identified for future disposal ought to continue to be carried out to ensure that they remain of a standard to be readily sold.

·         The report outlined proposals to make budgetary provision for potential future works and did not presuppose that any decisions had been made in respect of the reconfiguration of any services.

RESOLVED – That the report be noted.

To consider a report of the Service Director (Legal & Democratic Services)

The Council’s Code of Practice for carrying out surveillance under the Regulation of Investigatory Powers Act 2000 (RIPA) specifies that quarterly reports will be taken to this Scrutiny Committee to demonstrate to elected members that the Council is complying with its own Code of Practice when using RIPA. This report covers the fourth quarter of 2011/12 and the first quarter of 2012/13 to bring the reports up-to-date. The Committee is asked to note this report.

The Scrutiny Committee is asked to note this report.

Officer contact: Simon Oldfield – Data Protection and Freedom of Information Officer on simon.oldfield@stockport.gov.uk or 0161 474 4048.

The Service Director (Legal and Democratic Services) submitted a report (copies of which had been circulated) reminding the Scrutiny Committee that the Council’s Code of Practice for carrying out surveillance under the Regulation of Investigatory Powers Act 2000 (RIPA) specified that quarterly reports would be taken to this Scrutiny Committee to demonstrate to elected members that the Council was complying with its own Code of Practice when using RIPA.  There had been no authorisations during the fourth quarter of the financial year 2011/12.

RESOLVED – That the report be noted

To consider a report of the Assistant Chief Executive (Strategy, Policy, Partnerships & Transformation).

The Scrutiny Committee is invited to:

·         Discuss the suggestions outlined below and select and prioritise appropriate issues for inclusion in the 2012/13 Scrutiny Review work programme;

·         Appoint a Scrutiny Review Panel to carry out the first review.

Officer contact: Gaynor Alexander on 474 3186 or email: gaynor.alexander@stockport.gov.uk

The Corporate Director for Corporate and Support Services submitted a report of the Assistant Chief Executive (Strategy, Policy, Partnerships & Transformation) (copies of which had been circulated) requesting the Scrutiny Committee to give consideration to the selection and prioritisation of appropriate topics for inclusion in the 2012/13 Scrutiny Work Programme and to appoint members of the Panels.

RESOLVED – That reviews in respect of the following topics be selected by this Scrutiny Committee for inclusion in the 2012/13 Scrutiny Work Programme:-

To consider a report of the Democratic Services Manager.               

The report sets out planned agenda items for the next meeting of the Committee and Forward Plan items that fall within its remit.

The Scrutiny Committee is invited to consider the information in the report and put forward any agenda items for future meetings.

Officer contact: Craig Ainsworth, Democratic Services Manager, telephone number 474 3204, email: craig.ainsworth@stockport.gov.uk

A representative of the Democratic Services Manager submitted a report (copies of which had been circulated) setting out the planned items for the Scrutiny Committee’s next meeting and Forward Plan items which fell within the remit of the Scrutiny Committee.

RESOLVED – That the report be noted.