Minutes of Meetings of Committees, Sub-Committees and Panels - Cycle 1
North Lanarkshire Council · 30 March 2023
Back to Council — 30 March 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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NORTH LANARKSHIRE COUNCIL Minutes of Meetings of the North Lanarkshire Council, Committees, Sub-Committees and Panels To Be Submitted to the Meeting of The North Lanarkshire Council to be held on THURSDAY, 30 MARCH 2023 The Symbol “C” appearing against any item of business indicates that that particular item is subject to consideration and disposal by the Council. All other items have been delegated in terms of the approved Scheme of Administration and are therefore submitted for information only.
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CONTENTS 1st Last Meeting Date Page Page Minutes of Previous Meetings Special North Lanarkshire Council 15 December 2022 3 4 North Lanarkshire Council 15 December 2022 5 22 Special North Lanarkshire Council 23 February 2023 23 36 Minutes of Meetings of Sub-Committees and Panels previous considered by the appropriate Parent Committee Petitions Sub 2 November 2022 37 40 Audit and Scrutiny Panel 24 November 2022 41 45 Minutes of Meetings of Committees for Approval Planning Hearings 15 December 2022 46 47 Regulatory 10 January 2023 48 50 Local Review Body 19 January 2023 51 51 Regulatory 24 January 2023 52 54 Planning 2 February 2023 55 58 Wellbeing and Tackling Poverty 3 February 2023 59 61 Communities 6 February 2023 62 67 Regulatory 7 February 2023 68 69 Environment and Climate Change 8 February 2023 70 75 Housing 15 February 2023 76 85 Enterprise and Fair Work 17 February 2023 86 88 Regulatory 21 February 2023 89 91 Adult Care and Social Work 21 February 2023 92 95 Local Review Body 22 February 2023 96 100 Education, Children and Families 28 February 2023 101 106 Finance and Resources 1 March 2023 107 116 Planning 2 March 2023 117 120 Policy and Strategy 16 March 2023 121 130 Regulatory 21 March 2023 131 135 Local Review Body 22 March 2023 136 138 NORTH LANARKSHIRE COUNCIL
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SPECIAL NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 3 15 December 2022 at 3.05 pm. A Special Meeting of the NORTH LANARKSHIRE COUNCIL PRESENT Councillor Burgess, Depute Provost; Councillors Ashraf, Ballinger, Barclay, Baudo, Boyd, Brannan-McVey, Brennan, Bustard, Cairns, Campbell, Carragher, Costello, M. Coyle, S. Coyle, Crichton, Currie, Di Mascio, Docherty, Duffy-Lawson, Dunbar, Fisher, Fotheringham, Goldie, Hughes, Hume, Jarvie, D. Johnston, T. Johnston, Jones, Kelly, Khan, Leckie, Linden, Logue, Loughran, MacGregor, Magowan, McBride, B. McCulloch, M. McCulloch, McKay, McKendrick, McLaren, McManus, McNally, McPake, McPhilemy, McVey, Mitchell, Nolan, Patton, Reddin, Roarty, Robb, Robinson, Shevlin, Shields, Smith, Stevenson, A. Stubbs, L. Stubbs, Sullivan, Thomas, Toner, Watson, Williams, Wilson and Woods. CHAIR Councillor Burgess (Depute Provost) presided. IN ATTENDANCE Chief Officer of Place; Planning and Place Manager; Planning Manager (South); Senior Planning Officer, and Principal Democratic Officer. ALSO IN ATTENDANCE In respect of paragraph 2 Representing the Applicant – K. Pearson, K. Russell and C. Smith. Representing the Objectors – F. Morrison and R. O’Donnell, Ravenscraig Community Action Group; B. Davies and S. Van Der Hoek. APOLOGIES Councillors Beveridge, Duffy, Keltie, Larson, Lennon, Masterton, McCluskey and McDade. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor Wilson, declared a connection with agenda item 2 at the Planning Hearings Committee which took place immediately prior to this meeting, by virtue of the location of his home address and subsequently articulating a public opinion in respect of the planning application and left the meeting during consideration of this item. Councillor Bustard, declared a connection with agenda item 2 and retrospectively declared a connection with agenda item 2 of the Planning Hearings Committee which took place immediately prior to this meeting, by virtue of his employment and left the meeting during consideration of this item. Councillor Wilson, having declared a connection in the following item of business at the Planning Hearings Committee which took place immediately prior to this meeting, by virtue of the location of his home and subsequently articulating a public opinion in respect of Planning Application 21/00273/FUL, left the meeting during consideration of this item.
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SPECIAL NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 4 Councillor Bustard, prior to consideration of the following item of business, having declared a connection by virtue of his employment, left the meeting during consideration of this item. Councillors Bustard, Docherty and McVey joined the meeting after the commencement of the Planning Hearing and did not participate in consideration of the planning application. PLANNING APPLICATION 21/00273/FUL – RAIL FREIGHT TERMINAL, DISTRIBUTION CENTRE AND OFFICES WITH ANCILLARY BUILDINGS, CRANES AND ASSOCIATED LANDSCAPING AND INFRASTRUCTURE, LAND ADJACENT TO WISHAW DEVIATION RAILWAY LINE, SITE OF FORMER RAVENSCRAIG STEEL WORKS, ACCESS VIA RAVENSCRAIG SPINE ROAD (A721), MOTHERWELL 2. Following attendance by, and participation of, all members present at the meeting of the Planning Hearings Committee held on 15 December 2022, there was submitted a report by the Chief Officer of Place in relation to Planning Application 21/00273/FUL – Rail Freight Terminal, Distribution Centre and Offices with Ancillary Buildings, Cranes and Associated Landscaping and Infrastructure, Land Adjacent to Wishaw Deviation Railway Line, Site of Former Ravenscraig Steel Works, Access via Ravenscraig Spine Road (A721), Motherwell, following upon which the Council gave consideration to that planning application having regard to the report and all the information including oral submissions provided at the meeting of the Planning Hearings Committee. Councillor Kelly, seconded by Councillor Dunbar, moved that the application be refused. Councillor A. Stubbs, seconded by Councillor McPake, moved as an Amendment, that the application be granted. Thereon, in terms of Standing Order 39, the vote was taken by calling the roll. On the roll being called, 7 Members voted for the Amendment, as follows:- Councillors Ashraf, Ballinger, Baudo, McPake, Robinson, Shields, and A. Stubbs. 58 Members voted for the Motion, as follows:- Barclay, Boyd, Brannan-McVey, Brennan, Burgess, Cairns, Campbell, Carragher, Costello, M. Coyle, S. Coyle, Crichton, Currie, Di Mascio, Duffy-Lawson, Dunbar, Fisher, Fotheringham, Goldie, Hughes, Hume, Jarvie, D. Johnston, T. Johnston, Jones, Kelly, Khan, Leckie, Linden, Logue, Loughran, MacGregor, Magowan, McBride, B. McCulloch, M. McCulloch, McKay, McKendrick, McLaren, McManus, McNally, McPhilemy, Mitchell, Nolan, Patton, Reddin, Roarty, Robb, Shevlin, Smith, Stevenson, L. Stubbs, Sullivan, Thomas, Toner, Watson, Williams and Woods. 7 Members having voted for the Amendment and 58 Members having voted for the Motion, the Motion was accordingly declared carried and the application was refused. Decided: that Planning Application 21/00273/FUL – Rail Freight Terminal, Distribution Centre and Offices with Ancillary Buildings, Cranes and Associated Landscaping and Infrastructure, Land Adjacent to Wishaw Deviation Railway Line, Site of Former Ravenscraig Steel Works, Access via Ravenscraig Spine Road (A721), Motherwell, be refused.
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 5 15 December 2022 at 4 pm. A Meeting of the NORTH LANARKSHIRE COUNCIL PRESENT Councillor Duffy, Provost; Councillor Burgess, Depute Provost; Councillors Ashraf, Ballinger, Barclay, Baudo, Boyd, Brannan-McVey, Brennan, Bustard, Cairns, Campbell, Carragher, Costello, M. Coyle, S. Coyle, Crichton, Currie, Di Mascio, Docherty, Duffy-Lawson, Dunbar, Fisher, Fotheringham, Goldie, Hughes, Hume, Jarvie, D. Johnston, T. Johnston, Jones, Kelly, Keltie, Khan, Larson, Leckie, Linden, Logue, Loughran, MacGregor, Magowan, McBride, McCluskey, B. McCulloch, M. McCulloch, McDade, McKay, McKendrick, McLaren, McManus, McNally, McPake, McPhilemy, McVey, Mitchell, Nolan, Patton, Reddin, Roarty, Robb, Robinson, Shevlin, Smith, Stevenson, A. Stubbs, L. Stubbs, Sullivan, Thomas, Toner, Watson, Williams, Wilson and Woods. CHAIR Councillor Duffy (Provost) presided. IN ATTENDANCE The Chief Executive; Chief Officer (Legal and Democratic); Chief Officer (Finance); Democratic Services Manager, and Principal Democratic Officer. APOLOGIES Councillors Beveridge, Lennon, Masterton and Shields. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The Council noted that there were no declarations of interest. MINUTES OF MEETINGS OF COMMITTEES, SUB-COMMITTEES AND PANELS 2. There was submitted the Volume of Minutes for meetings of Committees, Sub-Committees and Panels for Cycle 4, 2022 for approval in terms of Standing Order 21. Councillor Wilson intimated that, in respect of the Minute of the meeting of the Environment and Climate Change Committee held on 9 November 2022 – paragraph 7 "Litter Bin Strategy", the additional recommendation (5) which had been agreed at the meeting had not been reflected within the Minute and requested that the Minute be updated accordingly, which was agreed. Councillor Sullivan intimated, in respect of the Minute of the meeting of the Council held on 6 October 2022 – paragraph 4 "Membership of Committees, Sub-Committees, Panels, Working Groups and Outside Bodies", that the Minute was inaccurate as no decision had been taken in respect of the changes to the Membership for the Conservative Group and Independent Members and that this is reflected in the recording of the meeting. The Chief Officer (Legal and Democratic) advised that he would review the footage of the meeting together with the text contained within the Minute and advise Members of the Council accordingly.
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 6 Decided: (1) that decision (5) of paragraph 7 – “Litter Bin Strategy” of the Minute of the meeting of the Environment and Climate Change Committee held on 9 November 2022 be updated to reflect the decision taken at the meeting; (2) that, in respect of paragraph (4) “Membership of Committees, Sub-Committees, Panels, Working Groups and Outside Bodies” of the Minute of the meeting of the Council held on 6 October 2022, the Chief Officer (Legal and Democratic) review the recording of the meeting to ensure that the decisions are accurately recorded in the Minute and advise Members of the Council accordingly, and (3) that the Minutes of meetings of Committees, Sub-Committees and Panels for Cycle 4, 2022 be otherwise approved. MEMBERSHIP OF COMMITTEES, SUB-COMMITTEES, PANELS, WORKING GROUPS AND OUTSIDE BODIES 3. There was submitted a document from the Chief Officer (Legal and Democratic) setting out recommendations for appointments to Committees, Sub-Committees, Panels, Working Groups and Outside Bodies, together with lists of changes to the Membership of Committees, Sub-Committees, Panels, Working Groups and Outside Bodies, which was split into two parts (A) and (B) with part (A) reflecting like for like changes by political groups and part (B) the proposals from the Labour Group. The Provost proposed the appointment of members to Committees, Sub-Committees, Panels, Working Groups and Outside Bodies be split into two parts (A) and (B), which was agreed. The changes contained in part (A) were agreed. Councillor Logue, seconded by Councillor Roarty, moved the appointment of Members to Committees, Sub-Committees, Panels, Working Groups and Outside Bodies, as set out in Part (B) of the document. Decided: that the appointment of Members to Committees, Sub-Committees, Panels, Working Groups and Outside Bodies, as detailed in Appendix 1 to this Minute, be implemented. USE OF PROXY VOTES BY ELECTED MEMBERS ABSENT DUE TO FAMILY LEAVE 4. With reference to paragraph 15 of the Minute of the meeting of the Policy and Strategy Committee held on 29 September 2022 when, inter alia, it was agreed that a report be submitted to the Council meeting in December 2022 setting out options on whether Elected Members on parental leave could be entitled to nominate one other Elected Member to act as their proxy for any vote within Council meetings to avoid pressures on parents to attend meetings during paternity/family leave, there was submitted a report by the Chief Officer (Legal and Democratic) (1) providing clarification on the position regarding the use of proxy votes for Elected Members who may be absent due to family leave; (2) advising that paragraph 5 of Schedule 7 of the Local Government (Scotland) Act 1973 states that "all questions coming or arising before a Council shall be decided by a majority of Members of the Council present and voting thereon at the meeting of the Council" and requesting that Members note the word "present" included within that text; (3) advising that legal advice had been sought and it has been confirmed that no Elected Member may participate in a meeting of the Council or one of its Committees unless they are present, and as a result the use of a proxy vote was not considered permissible, and (4) reminding Members that the Council's Standing Orders enable political groups to nominate three Elected Members per Committee who may attend as a substitute should another Member from that same political group be absent.
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 7 Councillor A. Stubbs, seconded by Councillor Brennan, moved as an Amendment:- An additional recommendation be included "This Council agrees that a letter be sent to the Scottish Government, copied to COSLA and Leaders of all other Scottish Councils, requesting that the Local Government (Scotland) Act 1973 be updated to permit proxy voting in certain, locally agreed, circumstances." Following consideration of this Amendment by the Council, consensus was reached to incorporate it within the recommendations contained within the report. Decided: (1) that it be noted that the use of proxy votes for Elected Members was unavailable as this would be in conflict with the terms of the Local Government (Scotland) Act 1973, and (2) that a letter be sent to the Scottish Government, copied to COSLA and leaders of all other Scottish Councils, requesting that the Local Government (Scotland) Act 1973 be amended to permit proxy voting in certain, locally agreed, circumstances. REMIT FROM THE EDUCATION, CHILDREN AND FAMILIES COMMITTEE HELD ON 22 NOVEMBER 2022 - APPOINTMENT OF TEACHER REPRESENTATIVE 5. With reference to paragraph 15 of the Minute of the meeting of the Education, Children and Families Committee held on 22 November 2022, when, it was agreed that the report be remitted to Council for approval, with a recommendation that Megan McCrossan be appointed as the Teacher Representative on the Education, Children and Families Committee for the Primary Sector, there was submitted the said report thereon. Decided: that Megan McCrossan be appointed as the Teacher Representative for the Primary Sector on the Education, Children and Families Committee. HOME TO SCHOOL TRANSPORT PROVISION – REVIEW 6. With reference to paragraph 19 of the Minute of the meeting of the Policy and Strategy Committee held on 29 September 2022 when, inter alia, it was agreed that the outcome of the completed review be submitted for consideration by Council at its meeting in December 2022 and that no options or recommendations be implemented without a decision being made by Elected Members, there was submitted a report by the Head of Education (North) (1) advising that the Council provides free school transport to over 8,000 children and young people under Section 51 of the Education (Scotland) Act 1980, which requires Local Authorities to make such arrangements as they consider necessary for the provision of school transport for pupils attending schools in their area; (2) informing that Strathclyde Partnership for Transport (SPT) contacted the Council on 16 August 2022 to advise that it had failed in it’s obligation to arrange transport for over 1600 children and young people due to attend school the next day; (3) intimating that the impact of this failure was far reaching and led to substantial disruption to learning and other service delivery, significant reputational damage, national media coverage and considerable additional costs to secure internal contingency mitigations via emergency planning procedures; (4) intimating that a preliminary internal review of the current home to school transport policy and practice within North Lanarkshire had been carried out, a copy of which was attached at Appendix 1 to the report; (5) indicating that the internal review by SPT had yet to be finalised and the preliminary joint review by the Council and SPT had been completed and was attached as Appendix 2 to the report; (6) enclosing, in Appendix 4 to the report, a summary of the review recommendations, and (7) detailing, in Section 2.4 of the report, the additional costs associated with the failure of SPT to arrange transport for over 1600 children and young people.
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 8 Decided: (1) that the contents of the preliminary internal review of home to school transport by the Council and the preliminary joint review by the Council and SPT be endorsed; (2) that it be noted that the internal review by SPT had yet to be finalised and published, and a further report on the outcome of the review would be submitted to a future meeting of Council, and (3) that a further detailed report on the key aspects/issues arising from both reviews be submitted to Council in Cycle 2 of 2023. NOTICE OF MOTION BY COUNCILLOR A. STUBBS AND COUNCILLOR LARSON 7. There was submitted the following Motion in the names of Councillor A. Stubbs and Councillor Larson, notice of which appeared on the Agenda, viz:- "This Council agrees to carry out a full consultation to include, but not necessarily limited to, Pupils, Pupil Councils, Parents, Parent Councils, Teachers, Teachers' Unions, Support Staff and Support Staff Unions seeking opinion on the current school holiday cycles. The consultation should seek views on the possibility of reducing the summer break and increasing the October break to two weeks, the February break to one week and/or an extension to the Christmas break, as well as any other proposals from stakeholders. The consultation should be completed, and a report brought to the Council meeting in June 2023. It is acknowledged that any change to school holiday cycles as a result of this consultation would likely not be in place until at least the 2024/25 academic year." Councillor A. Stubbs, seconded by Councillor Larson, moved the terms of the Motion. Councillor Campbell, seconded by Councillor Duffy-Lawson, moved as an Amendment:- “This Council notes that it has been working with the member Councils of the West Partnership to align the present school holiday dates in full consultation with all interested parties including parents, staff, and Trade Unions. At present there is consensus within the West Partnership that the school calendars need to be more aligned. The Trade Unions are taking a leading role in this activity. Prior to any internal consultation it would be advisable to elicit the views of the seven other member Councils wishing to make major changes prior to going to internal consultation owing to the disruption this can cause to families where children attend schools in one authority and parents are employed by another”. Councillor A. Stubbs withdrew his Motion, which had been intimated in accordance with Standing Order 24. Councillor Campbell withdrew her Amendment, which had been intimated in accordance with Standing Order 24. There was submitted the following composite Motion in the names of Councillor A. Stubbs and Councillor Campbell, which had been intimated in accordance with Standing Order 24. “This Council notes that is has been working with the member Councils of the West Partnership on school holiday dates as there is consensus that the school holiday calendars need to be more aligned.
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 9 This Council agrees therefore to carry out a full consultation to include, but not necessarily limited to, Pupils, Pupil Councils, Parents, Parent Councils, Teachers, Teachers’ Unions, Support Staff and Support Staff Unions seeking their opinions on the current school holiday cycles. The consultation should seek views on the possibility of reducing the summer break and increasing the October break to two weeks, the February break to one week and/or an extension to the Christmas break, as well as any other proposals from stakeholders. The consultation should be completed and a report brought to the Education Committee by *June 2023*. The results of the consultation will form the input from this Council to the discussions ongoing with the West Partnership.” Decided: (1) that it be noted that the Council has been working with the Member Councils of The West Partnership on school holiday dates as there was a consensus that the school holiday calendars need to be more aligned; (2) that a full consultation be undertaken on the school holiday calendar to include, but not necessarily limited to, pupils, pupil councils, parents, parent councils, teachers, teachers’ unions, support staff and support staff unions seeking their opinions on the current school holiday cycles; (3) that the consultation should seek views on the possibility of reducing the summer break and increasing the October break to two weeks, extending the February break to one week and/or an extension to the Christmas break, as well as any other proposals from stakeholders; (4) that the consultation be completed and a report brought to the Education, Children and Families Committee by June 2023, and (5) that the results from the consultation will inform the input from the Council to the ongoing discussions with The West Partnership. NOTICE OF MOTION BY COUNCILLOR MITCHELL AND COUNCILLOR TONER 8. There was submitted the following Motion in the names of Councillor Mitchell and Councillor Toner, notice of which appeared on the Agenda, viz: "North Lanarkshire Council recognises that menstruation is a subject that continues to suffer great stigma especially in the workplace, which in turn is damaging to the needs of people who menstruate. This Council further recognises that conditions such as PCOS, endometriosis and other abnormal menstruation conditions with debilitating symptoms are incredibly common but often remain hidden by individuals out of fear or embarrassment. As a major employer, the Council has a duty to ensure that there is sufficient training, guidance, safe spaces and accessible resources to ensure that both employees and users of council services, for example young people in schools, feel supported and ensure their employment or academic performance is not affected. The Council recognises that the majority of their workforce are women, many of whom will menstruate for much of their lives, and so support for those who menstruate should be commonplace. This Council will investigate the feasibility and consequences of implementing a menstruation policy for both workplaces and schools. Such policy should consider suitable training and ample resources be in place for managers and teachers to support those who menstruate without stigma or embarrassment. Further, guidance will be considered which seeks to allow for suitable adjustments to be made for pupils and employees who menstruate, for example, a right to paid leave or time away from education for up to 3 days with prior medical agreement where required. Subsequently, findings
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 10 and recommendations will be brought to the Wellbeing and Tackling Poverty Committee by Autumn 2023. Menstruation and bleeding should not disadvantage any individual, and North Lanarkshire Council commits to supporting those who do so by destigmatising the pain and challenges that often comes with menstruation." Councillor Mitchell, seconded by Councillor Larson, moved the terms of the Motion. Councillor Woods, seconded by Councillor Costello, moved as an Amendment:- "North Lanarkshire Council has a workforce consisting of 77% female employees and as a major employer recognises the importance of ensuring appropriate measures are in place to support women in the workplace in relation to matters surrounding women's health. Indeed, the Council has, and will, continue to develop and implement strategies to provide for its workforce a comprehensive and supportive set of internal policies that recognise the debilitating impact both menstruation and the aforementioned conditions can have. As part of its focus, the Council should aim to have all senior managers trained by the end of 2023 and all line managers trained by the end of 2024 on matters linked to women's health to ensure best practice exists across Council services and delivers effectively for women and removes the stigma that surrounds discussing such topics in the workplace. Moreover, an outline for how the Council will engage with schools to ensure a young person is not disadvantaged academically due to menstruation or indeed other matters related to Women's Health should be set out in early 2023 to the Tackling Poverty and Wellbeing Committee. The Council recognises the very strong and compassionate leave policies which already exist across services and commits services to redouble their efforts to ensure that compassion is shown, and flexible working arrangements are in place where possible to protect those who may experience significant pain as a result of menstruation or indeed other women's health related conditions." Councillor Mitchell withdrew her Motion, which had been intimated in accordance with Standing Order 24. Councillor Woods withdrew her Amendment, which had been intimated in accordance with Standing Order 24. There was submitted the following composite Motion in the names of Councillor Mitchell and Councillor Woods, which had been intimated in accordance with Standing Order 24. “North Lanarkshire Council recognises that menstruation is a subject that continues to suffer great stigma especially in the workplace, which in turn is damaging to the needs of people who menstruate. This Council further recognises that conditions such as PCOS, endometriosis and other abnormal menstruation conditions with debilitating symptoms are incredibly common but often remain hidden by individuals out of fear or embarrassment. As a major employer, the Council has a duty to ensure that there is sufficient training, guidance, safe spaces, and accessible resources to ensure that both employees and users of council services, for example young people in schools, feel supported and ensure their employment or academic performance is not affected. The Council will continue to develop and implement strategies to provide for its workforce a comprehensive and supportive set of internal policies that recognise the debilitating impact both menstruation and the aforementioned conditions can have. This Council will investigate the feasibility and consequences of implementing a menstruation policy for both workplaces and schools. Such policy should consider suitable training and ample resources be in place for managers and teachers to support those who menstruate without stigma or embarrassment. All senior managers will be trained by the end of 2023 and all line managers trained by the end of 2024 on matters linked to reproductive health to ensure best practice exists across
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 11 Council services and delivers effectively for those impacted by menstruation and removes the stigma that surrounds discussing such topics in the workplace. Further guidance, in consultation with Trade Unions, will be considered which seeks to allow for suitable adjustments to be made for pupils and employees who menstruate, for example, a right to paid leave or time away from education for up to 3 days with prior medical agreement where required. Subsequently, findings and recommendations will be brought to the Wellbeing and Tackling Poverty Committee by Spring 2023. The Council recognises the robust and compassionate leave policies which already exist across services and commits such services to redoubling their efforts to ensure that compassion is shown, and flexible working arrangements are in place where possible to protect those who may experience significant pain as a result of menstruation. Menstruation and bleeding should not disadvantage any individual, and North Lanarkshire Council commits to supporting those who do so by destigmatising the pain and challenges that often comes with menstruation”. Decided: (1) that the Council recognises that menstruation is a subject that continues to suffer great stigma especially in the workplace, which in turn is damaging to the those who menstruate; (2) that Council further recognises that conditions such as Polycystic Ovary Syndrome, Endometriosis and other abnormal menstruation conditions with debilitating symptoms are incredibly common but often remain hidden by individuals out of fear or embarrassment and, as a major employer, the Council has a duty of care to ensure that there is sufficient training, guidance, safe spaces, and accessible resources to ensure that both employees and users of Council services, for example young people in schools, feel supported and that employment or academic performance is not affected; (3) that the Council continues to develop and implement strategies to provide for its workforce a comprehensive and supportive set of internal policies that recognise the debilitating impact of both menstruation and the aforementioned conditions; (4) that the feasibility and consequences of implementing a menstruation policy for both workplaces and schools be investigated, with such a policy ensuring that training and ample resources are in place for managers and teachers to support those who menstruate without stigma or embarrassment; (5) that all senior managers be trained by the end of 2023, and all line managers by the end of 2024, on matters linked to reproductive health to ensure best practice exists across Council services and delivers effectively for those impacted by menstruation and removes the stigma that surrounds discussing such topics in the workplace; (6) that further guidance, in consultation with Trade Unions, be considered for appropriate adjustments to be made for pupils and employees who menstruate, for example, a right to paid leave or time away from education for up to three days, with medical confirmation, where required, with the findings and recommendations being submitted to the Wellbeing and Tackling Poverty Committee by September 2023, and (7) that the Council recognises the robust and compassionate leave policies which already exist and commits to ensuring that compassion is shown, and flexible working arrangements are in place, where possible, to protect those who may experience significant pain as a result of menstruation, and that menstruation and bleeding should not disadvantage any individual, and the Council commits to provide support to destigmatising the pain and challenges that often come with menstruation.
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 12 NOTICE OF MOTION BY COUNCILLOR FOTHERINGHAM AND COUNCILLOR TONER 9. There was submitted the following Motion in the names of Councillor Fotheringham and Councillor Toner, notice of which appeared on the agenda, viz:- "North Lanarkshire Council agrees that schools must consider the current cost of living crisis when organising ‘educational’ trips to prevent widening of the attainment gap; organised excursions, particularly abroad, must provide educational benefit and affordability to all families." Councillor Fotheringham, seconded by Councillor Toner, moved the terms of the Motion. Decided: that when organising school trips consideration must be given to the current cost of living crisis to prevent the widening of the attainment gap and organised excursions, particularly abroad, must provide educational benefit and be affordable to all families. NOTICE OF MOTION BY COUNCILLOR SMITH AND COUNCILLOR HUGHES 10. There was submitted the following Motion in the names of Councillor Smith and Councillor Hughes, notice of which appeared on the agenda, viz:- "This Council recognises the impact of the COVID-19 pandemic on individuals, families, workers, and communities throughout North Lanarkshire, with 2,261 people in North Lanarkshire having either died directly from COVID-19 or with COVID-19 as an underlying cause of death between 1st March 2020 and 31 October 2022. This Council reiterates its support for the Remembering Together project, managed by Greenspace Scotland and funded by the Scottish Government, which will result in memorial projects in each local authority across Scotland, aiming to bring together communities and artists in reflection, hope, and healing in commemoration and remembrance. This Council notes the Country Parks for the Future paper presented to the Environment and Transportation Committee meeting on 9 February 2022, where Strathclyde Country Park was “proposed as the location for North Lanarkshire’s Covid Memorial”, however also notes no alternative options were presented to committee. Initial public consultation has taken place throughout North Lanarkshire ahead of design proposals being prepared around March 2023, with a further round of consultation to follow before procurement, and with the intention for the memorial to be installed late summer/autumn 2023. This Council also notes the progress and options being implemented for Covid commemoration in other local authorities, including East Dunbartonshire Council where it has been acknowledged and agreed that one memorial would not be appropriate in representing communities with very different identities and “a trail of smaller memorials that have their own identity but are linked could be one way to have a Covid memorial that represents a wide range of experiences. This Council agrees to utilise the information and feedback from the public consultation work already completed to arrange for the design and installation of one Covid memorial within each Community Board area, to better represent the experiences and identities of communities across North Lanarkshire and to ensure any memorial and acts of remembrance can be more accessible and visible to the wider population. Further information will be presented to the Community Board meetings in quarter 1 of 2023 and to the Environment and Climate Change Committee meeting on 8 February 2023." Councillor Smith, seconded by Councillor Hughes, moved the terms of the Motion. Councillor Loughran, seconded by Councillor McPhilemy, moved as an Amendment:-
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 13 "Council acknowledges the devastating legacy of the Covid 19 pandemic in all North Lanarkshire communities. Council is wholly sensitive and supportive in its commitment to deliver a fitting and lasting memorial that symbolises the collective experiences of all our communities. Council notes the diligence of the North Lanarkshire Greenspaces team to facilitate "Remembering Together". A project in essence that embodies co creation from wide-reaching groups, both diverse in demography and geography. The final design will be a culmination of collective reflection and experiences of those most impacted throughout North Lanarkshire. Council notes the decision of the Environment & Transportation Committee report dated February 2022 to deliver the final design at the Art Park location in Strathclyde Park. Council also recommends that those communities who have not already committed to localised acts of remembrance be supported by the Communities Team to facilitate any localised preferences." Thereon, in terms of Standing Order 39, the vote was taken by calling the roll. On the roll being called 38 Members voted for the Amendment, as follows:- Councillors Boyd, Brannan-McVey, Burgess, Bustard, Campbell, Costello, M. Coyle, S. Coyle, Currie, Docherty, Duffy, Duffy-Lawson, Dunbar, Fisher, Jones, Kelly, Khan, Leckie, Logue, Loughran, McBride, B. McCulloch, M. McCulloch, McKay, McLaren, McNally, McPake, McPhilemy, McVey, Nolan, Patton, Reddin, Roarty, Shevlin, Stevenson, Watson, Wilson and Woods. 34 Members voted for the Motion, as follows:- Councillors Ashraf, Ballinger, Barclay, Baudo, Brennan, Cairns, Carragher, Crichton, Di-Mascio, Fotheringham, Goldie, Hughes, Hume, Jarvie, D. Johnston, T. Johnston, Keltie, Larson, Linden, MacGregor, Magowan, McCluskey, McKendrick, McManus, Mitchell, Robb, Robinson, Smith, A. Stubbs, L. Stubbs, Sullivan, Thomas, Toner and Williams. 38 Members having voted for the Amendment and 34 Members having voted for the Motion, the Amendment was accordingly declared carried. Decided: (1) that the devastating legacy of the Covid 19 pandemic in all North Lanarkshire communities be acknowledged and it be noted that the Council was sensitive and supportive in its commitment to deliver a fitting and lasting memorial that symbolises the collective experience of all our communities; (2) that the Council notes the diligence of its Greenspace team to facilitate "Remembering Together", a project that embodies co-creation from wide-reaching groups, both diverse in demography and geography, with the final design a culmination of collective reflection and experience of those most impacted throughout North Lanarkshire; (3) that the decision of the former Environment and Transportation Committee on 9 February 2022 to deliver the final design at the Art Park location in Strathclyde Park be noted, and (4) that those communities who have not already committed to local acts of remembrance be supported by the Communities Team to facilitate any local preferences. NOTICE OF MOTION BY COUNCILLOR CARRAGHER AND COUNCILLOR KELTIE 11. There was submitted the following Motion in the names of Councillor Carragher and Councillor Keltie, notice of which appeared on the agenda, viz:-
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 14 "This Council agrees that all North Lanarkshire Council tenants will be contacted by letter or email (if email address held) to request any concerns they may have in relation to mould, damp or condensation within their home. This Council agrees the wording of this correspondence will be formulated in consultation with the Leaders of political groups. This Council will investigate all reports and commence immediate works to rectify any issues found. To monitor progress, updates will be submitted to the Housing committee with the aim of this exercise being completed by the summer of 2023." Councillor Carragher, seconded by Councillor Keltie, moved the terms of the Motion. Councillor Brannan-McVey, seconded by Councillor McPake, moved as an Amendment:- "North Lanarkshire Council launches dovetail campaign for tenants in winter safety and cost of living campaigns highlighting essential information. The information promotes guidance to tenants on how to heat and ventilate their homes as well as how to access financial support to maximise their incomes. The Council takes its responsibilities extremely seriously. In the most recent landlord report from the Scottish Housing Regulator, it was found that the council delivered repairs to a very high standard, with 98.5 per cent of reactive repairs completed ‘right first time’ compared with a Scottish average of 88.3 per cent. 94.8 per cent of tenants who had repairs carried out were satisfied as against a Scottish average of 88 per cent and we also complete our emergency and non-emergency repairs faster than the Scottish average. The Council responds immediately to issues which arise within properties and takes any action necessary to ensure homes are safe. North Lanarkshire Council is the biggest council housing landlord and this has enabled us to create support for tenants that other authorities have not, such as the universal credit assistance fund and the rent relief fund. Information for the Councils 36,000 tenants will be circulated using the Councils extensive social media channels, website and direct information drop to tenants. Leaflets will be distributed through direct service contact with housing officers. It will also be circulated during any maintenance visits. The leaflet will also be circulated with the rent setting letter for 2023." Councillor Carragher withdrew her motion which had been intimated in accordance with Standing Order 24. Councillor Brannan-McVey withdrew her amendment, which had been intimated in accordance with Standing Order 24. There was submitted the following composite Motion in the names of Councillor Carragher and Councillor Brannan-McVey, which had been intimated in accordance with Standing Order 24. “North Lanarkshire Council launches dovetail campaign for tenants in winter safety and cost of living campaigns highlighting essential information. The information promotes guidance to tenants on how to heat and ventilate their homes as well as how to access financial support to maximise their incomes. This Council takes its responsibilities extremely seriously and agrees that all North Lanarkshire Council tenants will be provided contact details to report any concerns they may have in relation to mould, damp or condensation within their home. This Council will investigate any reports and take necessary actions as a result of the findings.
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 15 To monitor progress, updates will be submitted to the Housing committee on an ongoing basis”. Decided: (1) that the Council launch a dovetailed campaign for tenants in respect of winter safety and the cost of living crisis, highlighting essential information which will include guidance to tenants on how best to heat and ventilate their homes as well as how to access financial support to maximise their incomes; (2) that it be noted that the Council takes its responsibilities extremely seriously and agrees that all Council tenants be provided with contact details to report any concerns they may have in relation to mould, damp or condensation within their home; (3) that the Council investigates any reports of and takes all necessary action as a result of the findings, and (4) that progress be monitored and updates submitted to the Housing Committee on an ongoing basis. NOTICE OF MOTION BY COUNCILLOR LOGUE AND COUNCILLOR KELLY 12. There was submitted the following Motion in the names of Councillor Logue and Councillor Kelly, notice of which appeared on the agenda, viz:- "Council agrees that standing order 31 be amended, as undernoted:- Any Motion, Amendment or Composite shall be required to meet the criteria of Competency, Relevancy and Affordability. Prior to submission, any of the aforementioned must contain full details of (i) associated costs and (ii) how such costs will be funded. In addition, whilst recognising that the Council has an annual fixed limited budget, any consequential detriment to previously agreed commitments also requires to be highlighted (This to be verified by the Section 95 Officer, or another officer delegated by them for that purpose). Any Motion, Amendment or Composite that fails to demonstrate the above shall be deemed by the Provost as not competent in accordance with Standing Orders 23 and 24." Councillor Logue, seconded by Councillor Kelly, moved the terms of the Motion. Councillor Sullivan, seconded by Councillor Thomas, moved as an Amendment:- "This Council recognises that Standing Orders already provide for motions to be retrospectively costed and, if required, to be reported back to relevant committees with full costing details if the policy has been previously agreed. Any requirement to provide costings prior to submission on motions would be burdensome on council officers as they will be required to prepare costings for every motion that members are considering, even those which may not be submitted or may not have the support of a majority of members. Any requirement to provide costings prior to amendments being submitted would be particularly onerous on officers due to the timescales involved. Staff would be required to prioritise often complex requests to allow amendments to be submitted to motions and recommendations at council or committee in a matter of a few days. The requirement for amendments to be fully costed prior to submission would impact on the full representation of the people of North Lanarkshire as it would effectively ban any amendment that arises out of debate. This Council is disappointed in yet another attempt by the administration to diminish the democratic accountability of its actions and decisions and agrees that the standing orders will remain unchanged." Thereon, in terms of Standing Order 39, the vote was taken by calling the roll.
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 16 On the roll being called 34 Members voted for the Amendment, as follows:- Councillors Ashraf, Ballinger, Barclay, Baudo, Brennan, Cairns, Carragher, Crichton, Di-Mascio, Fotheringham, Goldie, Hughes, Hume, Jarvie, D. Johnston, T. Johnston, Keltie, Larson, Linden, MacGregor, Magowan, McCluskey, McKendrick, McManus, Mitchell, Robb, Robinson, Smith, A. Stubbs, L. Stubbs, Sullivan, Thomas, Toner and Williams. 39 Members voted for the Motion, as follows:- Councillors Boyd, Brannan-McVey, Burgess, Bustard, Campbell, Costello, M. Coyle, S. Coyle, Currie, Docherty, Duffy, Duffy-Lawson, Dunbar, Fisher, Jones, Kelly, Khan, Leckie, Logue, Loughran, McBride, B. McCulloch, M. McCulloch, McDade, McKay, McLaren, McNally, McPake, McPhilemy, McVey, Nolan, Patton, Reddin, Roarty, Shevlin, Stevenson, Watson, Wilson and Woods. 34 Members having voted for the Amendment and 39 Members having voted for the Motion, the Motion was accordingly declared carried. Decided: that Council agrees that Standing Order 31 be amended, as undernoted:- Any Motion, Amendment or Composite Motion shall be required to meet the criteria of Competency, Relevancy and Affordability. Prior to submission, any of the aforementioned must contain full details of (i) associated costs and (ii) how such costs will be funded. In addition, whilst recognising that the Council has an annual fixed limited budget, any consequential detriment to previously agreed commitments also requires to be highlighted (This to be verified by the Section 95 Officer, or another officer delegated by them for that purpose). Any Motion, Amendment or Composite Motion that fails to demonstrate the above shall be deemed by the Provost as not competent in accordance with Standing Orders 23 and 24. QUESTIONS RECEIVED IN TERMS OF STANDING ORDER 51 13. It was noted, in terms of Standing Order 51, three written questions had been submitted:- Question by Councillor Larson "To ask the Leader of the Council what informed the decision to appoint a Conservative Depute Provost in North Lanarkshire Council." Answer by Councillor Logue "It is a matter for Council to appoint the Depute Provost." Question by Councillor T. Johnston “Please state what is the total PFI/PPP ongoing contracted costs expenditure paid by North Lanarkshire Council for each of the previous three financial years, what is currently projected in these same PFI/PPP costs expenditure for the current financial year and list what individual building projects have been constructed under PFI/PPP schemes by North Lanarkshire Council and the PFI/PPP capital cost of each of these building projects.” Answer by Councillor Fisher "The table below highlights the actual unitary charge paid by NLC for the previous 3 financial years and forecast unitary charge for 2022/23. The information is presented for each school that has been procured via the PFI or DBFM delivery models within North Lanarkshire.
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 17 The unitary charge represents in aggregate the construction, financing and lifecycle costs which are charged each year by TSNL (Education 2010) and Hub South West (DBFM). As indicated above the Council does not incur direct capital costs for schools procured under the PFI or DBFM delivery models. PFI/DBFM Programme Annual Unitary Charge 1 Education 2010 Project 2019/20 Actual Expenditure £ 2020/21 Actual Expenditure £ 2021/22 Actual Expenditure £ 2022/23 Projected Expenditure £ Cambusnethan PS 728,611 746,476 751,879 800,595 New Stevenston PS 849,184 870,005 876,303 933,079 Tannochside PS 1,111,132 1,138,375 1,146,616 1,220,907 Wishaw Academy PS 699,460 716,609 721,797 768,565 St Ignatius PS 559,997 573,727 577,880 615,324 St Patricks (New Stevenson PS) 428,488 438,993 442,171 470,820 St Patricks (Kilsyth) PS 949,797 973,084 980,128 1,043,632 Stepps PS 1,176,187 1,205,025 1,213,748 1,292,389 Bargeddie PS 376,963 386,205 389,001 414,205 Chapelhall PS 578,161 592,337 596,625 635,281 Clarkston PS 889,947 911,767 918,367 977,870 Glenboig PS 395,809 405,514 408,449 434,913 Glengowan PS 588,478 602,906 607,271 646,616 Plains PS 325,479 333,460 335,874 357,635 Our Lady & St Josephs PS 561,794 575,568 579,735 617,297 St Aloysius PS 676,091 692,668 697,682 742,885 St Davids PS 699,781 716,938 722,128 768,915 St Kevins PS 525,995 538,891 542,792 577,961 St Marys (Caldercruix) PS 254,630 260,873 262,761 279,786 St Timothys PS 986,227 1,010,408 1,017,722 1,083,662 St John Paul II PS 1,142,358 1,170,367 1,178,839 1,255,218 Airdrie Academy HS 2,893,628 2,964,575 2,986,035 3,179,505 Coatbridge HS 2,878,014 2,948,579 2,969,923 3,162,349 St Andrews HS 3,525,958 3,612,409 3,638,559 3,874,306 23,802,169 24,385,759 24,562,285 26,153,715 2 DBFM Project Greenfaulds HS 3,366,442 3,168,517 3,168,840 3,239,402 Cumbernauld Academy HS 2,756,004 3,257,509 3,336,703 3,401,443 6,122,446 6,426,026 6,505,543 6,640,845 "
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 18 Question by Councillor T. Johnston “Please state the General Fund Revenue Budget approved by North Lanarkshire Council, both for the current financial year for each of the previous ten financial years and also the General Service Capital Programme for the current financial year and for each of the previous ten financial years.” Answer by Councillor Fisher "General Fund Revenue Budget The analysis below summarises the General Fund Revenue Budget for the current financial year and preceding 10 years. Key points to note are: • Since 2016/17 there has been a significant increase in the funding which is ringfenced for specific purposes. This primarily relates to funding for Early Learning & Childcare 1140 hours, Pupil Equity Funding, Criminal Justice • As outlined, the Scottish Government Funding for non-ringfenced services has only increased by 3.3% overall • This funding is required to meet the cost of inflation, pay awards, increasing demand for services, as well as the cost of new responsibilities • During the period, particularly since 2018/19, significant additional responsibilities have had to be funded within Scottish Government grant including (examples if required); Growth in core Early Learning & Childcare services Extension of Free School Meals School Counselling Services Teachers Pay Awards Increased commitment to Adult Social Care Services Carers Act Commitments Increased ASN requirements • As a result of the requirement to meet the additional cost pressures and new commitments, Council funding for core services has materially reduced, resulting in the need for significant budget savings over the same period, to comply with the statutory obligations to set a balanced budget annually 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 Movement 2012/13 to 2022/23 Movement % 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 £m SG Funding (including new responsibilities) * 657.400 583.486 576.813 628.614 604.862 592.807 600.212 600.204 629.043 646.094 679.094 21.694 3.30% Council Tax 122.812 123.212 123.611 124.012 126.153 130.553 135.500 142.295 151.249 152.249 158.049 35.237 28.69% Ring Fenced Funding 0.289 0.289 0.289 0.289 12.808 15.030 18.506 33.501 47.369 51.025 50.126 49.837 17244.64% Other One off Resources 0.000 6.500 18.500 5.400 1.912 14.000 2.502 4.729 Total Budget 780.501 713.487 719.213 758.315 745.735 752.390 756.720 780.729 827.661 849.368 887.269 106.768 13.68%
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 19 General Services Capital Programme The following table highlights the approved capital budget for the current financial year and each of the previous 10 financial years: Financial Year Approved Budget Funded by: General Capital Grant Community Investment Fund Other Grants and Contributions Other Council Borrowing (£m) (£m) % (£m) % (£m) % (£) % 2012/13 66.450 14.226 21% 0.000 0% 5.214 8% 47.010 71% 2013/14 69.100 21.447 31% 0.000 0% 12.353 18% 35.300 51% 2014/15 58.235 30.138 52% 0.000 0% 16.042 28% 12.055 21% 2015/16 81.807 32.138 39% 0.000 0% 16.468 20% 33.201 41% 2016/17 52.481 24.233 46% 0.000 0% 7.210 14% 21.038 40% 2017/18 78.075 32.715 42% 0.000 0% 8.290 11% 37.070 47% 2018/19 41.150 29.763 72% 0.000 0% 5.387 13% 6.000 15% 2019/20 44.793 37.268 83% 0.000 0% 4.525 10% 3.000 7% 2020/21 89.207 23.197 26% 7.000 8% 32.580 37% 26.430 30% 2021/22 98.151 23.380 24% 42.374 43% 6.752 7% 25.645 26% 2022/23 (current year) 177.119 23.380 13% 57.911 33% 33.529 19% 62.299 35% The table highlights the growth in the capital programme over the last three financial years, largely as a result of the introduction of the Community Investment Fund which has accounted for 43% of the capital programme in 2021/22 and 33% in the current financial year. In addition, the table demonstrates the reduced value of funding provided by the General Capital Grant from a high of £37.268m in 2019/20 to the current value of £23.380m. Similarly, the proportion of the capital programme funded by the General Capital Grant has reduced from a high of 83% in 2019/20 to just 13% for the current financial year."
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 20 APPENDIX 1 PART A Amendments to Memberships of Committees, Sub-Committees, Panels, Working Groups and Other Bodies Meeting of North Lanarkshire Council – 15 December 2022 Council is recommended to approve the appointments as detailed below. Committees/Sub- Committees/Panels Proposed Amendment Communities • Replace Cllr McManus with Cllr Barclay Finance and Resources • Replace Cllr Goldie with Cllr Carragher • Replace Cllr Carragher with Cllr Hughes as substitute member Education, Children and Families • Replace Cllr L Stubbs with Cllr Carragher Education Employee Appeals Sub-Committee • Replace Cllr McDade with Cllr Duffy-Lawson Enterprise and Fair Work • Replace Cllr Mitchell with Cllr Robb • Replace Cllr Robb with Cllr Mitchell as substitute member Environment and Climate Change • Replace Cllr Jarvie with Cllr Smith • Replace Cllr Smith with Cllr Barclay as substitute member • Replace Cllr Patton with Cllr Duffy Housing • Replace Cllrs Goldie and Thomas with Cllrs D Johnston and Mitchell • Replace Cllr Mitchell with Cllr Thomas as substitute member • Replace Cllr Duffy with Cllr Patton • Replace Cllr Patton with Cllr Stevenson as substitute member Joint Consultative Committee (JCC) for Local Government Employees • Replace Cllr Thomas with Cllr Smith Petitions Sub • Replace Cllrs Fotheringham and Mitchell with Cllrs Magowan and Sullivan Planning • Replace Cllr MacGregor with Cllr Robinson Policy and Strategy • Replace Cllrs Fotheringham and Jarvie with Cllrs Barclay and Goldie • Replace Cllr Boyd with Cllr Brannan-McVey Regulatory • Replace Cllr B McCulloch with Cllr Fisher • Replace Cllr Smith with Cllr Baudo Wellbeing and Tackling Poverty • Replace Cllrs Carragher and Sullivan with Cllrs Ashraf and Barclay
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 21 Working Groups Proposed Amendment Community Safety Partnership Forum • Replace Cllr Smith with Cllr Thomas Outside Bodies Proposed Appointment Future NL Board • Replace Cllrs Duffy and Fisher with Cllrs Campbell and Costello • Replace Cllr Linden with Cllr Sullivan Strategic Leadership Board • Replace Leader of the Council with Convener of Enterprise and Fair Work Committee (appointment sits with the position and not the individual) Strathclyde Partnership for Transport (SPT) • Replace Cllr Keltie with Cllr Smith • Cllr Keltie to be designated Substitute Member for SNP Group PART B LABOUR GROUP PROPOSALS Amendments to Memberships of Committees, Sub-Committees, Panels, Working Groups and Other Bodies Meeting of North Lanarkshire Council – 15 December 2022 Council is recommended to approve the appointments as detailed below. Committees/Sub- Committees/Panels Proposed Amendment Education Employee Appeals Sub-Committee • Cllr Ballinger to be replaced by Cllr Campbell as Convener • Cllr Larson to be replaced by Cllr Duffy-Lawson as Vice Convener Working Groups Proposed Amendment Community Safety Partnership Forum • Cllr Ashraf to be replaced by Cllr Stevenson as Convener Resettlement and Relocation Working Group • Cllr Thomas to be replaced by Cllr McPake and Cllr McPake to be appointed Convener Outside Bodies Proposed Appointment COSLA Executive Group for Children and Young People • Cllr Mitchell to be replaced by Cllr Campbell Fusion Assets • Either Cllr Crichton or Cllr Sullivan to be replaced by Cllr B McCulloch Glasgow and Clyde Valley Region Education Committee • Cllr Larson to be replaced by Cllr Campbell
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NORTH LANARKSHIRE COUNCIL - 15 DECEMBER 2022 22 Scotland Excel Executive Committee • Cllr Robinson to be replaced by Cllr McPake Stirling Educational Trust • Cllr Ballinger to be replaced by Cllr Duffy-Lawson Clyde Valley Learning and Development Joint Committee • Cllr Campbell to replace Cllr Ballinger COSLA Executive Group Environment and Economy • Cllr Loughran to replace Cllr Di Mascio COSLA Executive Group Health and Social Care • Cllr M McCulloch to replace Cllr Brennan COSLA- Scottish Joint Council for Local Government • Cllr Fisher to replace Cllr Hume Council Champions Proposed Appointment Early Years and Older People Champion • Cllr L Stubbs to be replaced by Cllr Campbell
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 23 23 February 2023 at 2 pm A Special Meeting of the NORTH LANARKSHIRE COUNCIL PRESENT Councillor Duffy, Provost; Councillor Burgess, Depute Provost; Councillors Ashraf, Ballinger, Barclay, Baudo, Beveridge, Boyd, Brannan-McVey, Brennan, Bustard, Cairns, Campbell, Carragher, Costello, M. Coyle, S. Coyle, Crichton, Currie, Di Mascio, Docherty, Duffy-Lawson, Dunbar, Fisher, Fotheringham, Goldie, Hughes, Hume, Jarvie, D. Johnston, T. Johnston, Jones, Kelly, Keltie, Khan, Larson, Leckie, Lennon, Linden, Logue, Loughran, MacGregor, Magowan, Masterton, McBride, McCluskey, B. McCulloch, M. McCulloch, McDade, McKay, McKendrick, McLaren, McManus, McNally, McPake, McPhilemy, McVey, Mitchell, Nolan, Patton, Reddin, Roarty, Robb, Robinson, Shevlin, Shields, Smith, Stevenson, A. Stubbs, L. Stubbs, Sullivan, Thomas, Toner, Watson, Williams, Wilson and Woods. CHAIR Councillor Duffy (Provost) presided. IN ATTENDANCE The Chief Executive; Depute Chief Executive; Chief Officer (Finance); Chief Officer (Legal and Democratic); Chief Officer (Strategic Communication and Engagement); Democratic Services Manager, and Principal Democratic Officer. PROVOST'S REMARKS - SIR CHARLES GRAY The Provost announced that former Councillor Sir Charles Gray had passed away. Sir Charles was elected as a Councillor in 1958 with Lanark County Council. He was subsequently Leader of Strathclyde Region from 1986 to 1992 before transferring to North Lanarkshire Council in 1995 where he was appointed Convener of the Education Committee. In 2007 he was awarded a Knighthood for services to education. The Provost on behalf of the Council, expressed his condolences to the family. Thereafter the Council observed a one minute silence. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor M. Coyle, by virtue of being a Board Member of Mears LLP, declared a connection in respect of paragraph 4 – Revenue Budget 2023/2024 to 2025/2026 and Council Tax 2023/2024, and further declared that he considered the interest so sufficiently remote that it did not preclude his participation in this item. HOUSING REVENUE ACCOUNT – REVENUE ESTIMATES 2023/2024 2. With reference to paragraph 10 of the Minute of the meeting of the Housing Committee held on 15 February 2023 when (1) the Housing Revenue Account cost pressures set out in Appendix 1 to the report were noted; (2) the base budget savings outlined in Appendix 2 to the report were noted; (3) the allocation of the HRA surplus balances as detailed in the report were noted, and (4) it was agreed that the financial assumptions contained within the report be reviewed at the Special Council meeting on 23 February 2023 to allow approval of the HRA revenue estimates for 2023/24, there was submitted the said report.
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 24 Councillor Brannan-McVey, seconded by Councillor McPake, moved:- 1. In setting the 2023/24 budget for the Housing Revenue Account, Council notes the continuing progress made in delivering the ambitious programme for housing, supported by previous budget decisions, including: • Increasing the Council’s target for new supply housing from 2,150 by 2027 to 5,000 by 2035, • Completion of 970 new build homes with a further 421 on site. Sites have been identified and are various stages of progression for a further 1,346 homes, • Expansion of the buy back scheme which will allow around 130 homes to be brought back into use each year. A total of 606 home have already been purchased, • The approval, development and ongoing delivery of plans for investment and re- provisioning of the Council’s tower properties, and • Approval of record investment in a 5 year mainstream capital programme from 2021/22 to 2025/26 that aims to deliver £354m of investment in the Council’s housing stock representing a 20% increase from the previous 5 year period. 2. Note the cost pressures and base budget savings outlined in Section 2 of the ‘Housing Revenue Account – Revenue Estimates 2023/24’ report. 3. Propose a rental increase of 5% for 2023/24 to generate £7.156m. With inflation at 10.5% in December, this below inflation increase will allow for the continuation of high quality and valued service provision by the Housing service and maintenance of plans for record capital investment of over £130m to ensure the Council continues to meet home quality standards, build new homes, buy back properties and reprovision towers. 4. Importantly, a rental rise of 5% will ensure the Council can continue to support tenants on low incomes and on Universal Credit through its Rent Assistance Fund. 5. Propose £1m from the 2022/23 projected surplus is allocated to the Rent Assistance Fund to increase the number of tenants receiving support. 6. Propose one-off utilisation of £3.088m from the Ambition Reserve to support cost pressures during 2023/24. 7. Propose all other charges including for lock-ups, laundries and Sheltered Housing utilities are also increased by 5%. 8. Agree to maintain a core contingency reserve representing 1% of the Housing Revenue Account annual budget (approximately £1.5 million). Decided: (1) that the Housing Revenue Account Budget for 2023/2024 be implemented; (2) that the cost pressures and base budget savings outlined in Section 2 of the Housing Revenue – Revenue Estimates 2023/2024 report be noted. (3) that a below inflation rental increase of 5% for 2023/2024 be approved which will allow for the continuation of high quality and valued service provision by the Housing Service and maintenance of plans for record capital investment of over £130m to ensure that the Council
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 25 continues to meet home quality standards, build new homes, buy back properties and reprovision towers; (4) that it be noted that a rental rise of 5% will ensure that the Council can continue to support tenants on low incomes and on Universal Credit through the Rent Assistance Fund. (5) that £1m from the 2022/23 projected surplus be allocated to the Rent Assistance Fund to increase the number of tenants receiving support. (6) that one-off utilisation of £3.088m from the Ambition Reserve to support cost pressures during 2023/24 be agreed. (7) that all other charges including for lock-ups, laundries and Sheltered Housing utilities be increased by 5%. (8) that the core contingency reserve representing 1% of the Housing Revenue Account annual budget (approximately £1.500 million) be maintained. ACCOUNTING FOR SERVICE CONCESSIONS 3. There was submitted a report by the Chief Officer (Finance) (1) seeking approval to implement a change in accounting for all existing service concession agreements following the publication of new statutory guidance published in September 2022; (2) intimating that the guidance provides a statutory override to the requirements of the accounting code in respect of the Council’s existing service concessions for PPP Schools only and must be adopted no later than financial year 2023/2024; (3) providing details of the key principles of the statutory guidance and the detailed financial implications, including potential associated one-off costs that may require to be managed, subject to future decisions on use of one-off retrospective savings; (4) informing that there was no change to the unitary charge cash payment to school contractors over the period and the change applies only to the accounting treatment in respect of the repayment of debt in the Council’s revenue account; (5) indicating that the change in accounting treatment will see a reduction in annual accounting charges for service concession arrangements in the short to medium term, due to spreading them over the remaining useful life of their asset rather than the shorter contract life which is currently applicable; (6) advising that this will result in a short to medium term financial benefit for the Council and this has been reflected as a base budget adjustment to reduce the Council’s budget gap in 2023/2024; (7) intimating that, based on the analysis shown in Appendix 1 to the report, an annual financial saving of £4m is estimated to be prudent and sustainable over the short to medium term, and (8) informing that future changes in respect of implementing the new accounting standard IFRS16, which was planned to be adopted by the Council in 2024/2025, are also anticipated to give a financial benefit in respect of costs of service concession arrangements only and that this would be given due consideration as part of future budgetary strategies. Decided: (1) that the implementation of the change in accounting for all existing service concession arrangements be approved; (2) that the reduction in annual accounting costs of service concessions over the short to medium term, which has been reflected in the 2023/2024 to 2025/2026 budget report to be considered at this meeting, be acknowledged; (3) that the one-off benefit generated in applying the accounting change retrospectively, and its use, be acknowledged and that it be noted that the use of this benefit will be approved as part of future budget strategies, subject to an affordability review, and
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 26 (4) that it be recognised that further financial benefit may be generated following the implementation of the IFRS16 in 2024/2025. Councillor M. Coyle, prior to consideration of the following item of business, having declared a connection by virtue of being a Board Member of Mears LLP, further declared that he considered the interest so sufficiently remote that it did not preclude his participation in the item. REVENUE BUDGET 2023/2024 TO 2025/2026 AND COUNCIL TAX 2023/2024 4. There was submitted a report by the Chief Officer (Finance) (1) providing information to enable the Council to set its Revenue Budget and Council Tax for 2023/2024 and providing a forecast revenue budget position for financial years 2024/2025 and 2025/2026; (2) intimating that the Council’s Medium Term Financial Plan, approved by the Policy and Strategy Committee on 29 September 2022, identified an envisaged three year budget gap of £74.817m, with an estimated short fall of £37.897m in 2023/2024 and that this forecast had been updated to reflect the 2023/2024 financial settlement contained in the Local Government Finance Settlement Circular and other changes to planning assumptions which result in a net reduction in forecast cost of £9.643m, reducing the 2023/2024 budget gap to £28.254m, as outlined in Appendices 1 and 2 to the report; (3) advising that, to help manage the budget gap in 2023/2024, action totalling £17.210m was proposed through a combination of base budget adjustments and the use of one off resources reducing the gap to £11.044m and as a result the gap for 2024/2025 and 2025/2026 was now estimated at £30.848m and £16.090m respectively; (4) enclosing, in Appendix 2 to the report, the updated financial outlook across the three year period; (5) attaching, in Appendix 3 to the report, details of the base budget adjustments; (6) setting out, in Appendix 4 to the report, the financial projections for the Change Management Fund, and (7) proposing (a) that the general reserve fund of £8m, as set out by the Chief Officer (Finance), be agreed, and (b) the continuation of the treatment of volume discount. Councillor Logue, seconded by Councillor Fisher, moved that the Council increase the level of Council Tax for 2023/2024 by 5%, which was agreed. Councillor Logue, seconded by Councillor Fisher, moved the following budget motion. 1. Whilst noting the update provided by the Chief Officer (Finance) in respect of the Local Government Financial Settlement for 2023/24, we reluctantly accept the wholly inadequate level of funding provided. 2. We endorse COSLA’s Save Our Services campaign asking for Local Government to be fairly funded and empowered to deliver services. We also acknowledge that COSLA advises this settlement represents a £71 million cash increase for the whole of local government after accounting for 2023/24 policy commitments. 3. The Resource Spending Review published in May 2022 set out the anticipated future Scottish Budget spend on Local Government up to and including 2025/26 as being maintained. However, once again the Scottish Government have provided a one-year financial settlement and we endorse COSLA’s call for multi-year settlements as a necessity to properly plan and deliver local services. 4. We note that after accounting for ring fenced funding, funding for new commitments and other directed expenditure, North Lanarkshire Council received a cash increase of £6.143 million (0.87%) to core funding within the Local Government Finance Settlement. 5. Therefore, the Council faces a budget gap of £28.254 million in 2023/24 and further gaps in 2024/25 and 2025/26 of £20.620 million and £16.300 million, respectively, a total of £65.174 million across the three-year planning period.
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 27 6. Whilst this administration remains fully committed to the key principle of the Revenue Resources Budget Strategy to develop budgets covering a three year period, setting a single year budget for 2023/24 is the focus here today. 7. Agree the significant action totalling £17.210 million, already taken by this Council to manage the gap in 2023/24 as outlined Appendix 1 of the Revenue Budget 2023/24 to 2025/26 and Council Tax 2023/24 Report. This includes £7.912m of Base Budget Adjustments over the three-year period, £6.510 million of which will be realised in 2023/24. It also reflects a prudent use of unallocated resources of £10.700 million to support the estimated budget burden in respect of hikes in energy costs, until there is greater certainty over the recurring financial implications for this Council. Such action reduces the budget gap in 2023/24 to £11.044 million. 8. Confirm that Council Tax rates will increase in 2023/24 by 5%, taking a Band D charge to £1,320.78, and recognise that this is estimated to generate additional revenue of £8.000 million, in perpetuity. 9. Reiterate our previous commitment to Community Investment by continuing to set aside the amount equivalent to a 1% Council Tax increase from 2023/24 to support Community Investment, leaving £6.400 million to help manage the 2023/24 budget gap. This brings the budget gap to £4.644 million. 10. Agree savings of £7.614 million which are detailed in Appendix 1. 11. However, in recognition of feedback from our Communities, we agree recurring investment of £2.970 million to; £m • Active & Creative Communities 2.000 Reverse previous savings linked to former Culture and Leisure Services • Environmental Improvement 0.970 Investment in greenspace maintenance across North Lanarkshire’s communities. This will see improved maintenance of cemeteries, reintroduction of grass cutting on verges for A and B Category roads at 40mph and above, enhanced roundabout maintenance and an effective enforcement deterrent from littering, fly tipping and dog fouling. 12. Note that this administration has ensured that Culture and Leisure functions and facilities are saved from closure in financial year 2023/24. However, given the scale of challenges that lie ahead it is recognised that a further review of additional savings options will be required to address significant forecast budget gaps in 2024/25 and 2025/26. Because of this, the Chief Executive should arrange for a full review of facilities to be conducted, the outcome of which should be reported to the Policy & Strategy Committee in due course. 13. Instruct Chief Officer (Education) to immediately commence statutory and non-statutory consultation on the proposal to move distance thresholds for mainstream home to school transport to statutory limits with updates to be reported through future Education Children and Families Committees. 14. Note that the Communities Committee has agreed it will receive a report on the Grant Award Programme, levels of funding and award criteria for voluntary organisations in the third committee cycle of 2023. 15. Note that a detailed report will be presented to Education and Families Committee by June 2023 in respect of ECF10, which will identify current uptake levels and options for alternative delivery
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 28 of the programme reflecting additional funding anticipated from Scottish Government to provide meals during school holidays. 16. Note that this administration has instructed the Chief Executive to consider the process to be undertaken to manage the significant budgetary challenges anticipated from 2024/25, to ensure the Council remains financially sustainable. 17. Note that this administration puts jobs first and has therefore acted to ensure jobs are protected for as long as possible. 18. After providing for the cost of investment a balanced budget 2023/24 is proposed as summarised in Appendix 2. 19. Due to the phasing and the time required to implement the savings detailed in Appendix 1 it is necessary to a agree further use of unallocated balances totalling £10.375 million over financial years 2023/24 and 2024/25 (£6.975 million in 2023/24 & £3.400 million in 2024/25). 20. Approve a Revenue Budget for 2023/24 which recognises available resources of £978.624 million after accounting for the additional Council Tax income of £6.400 million and further use of one-off resources of £6.975 million in 2023/24. Reflecting the action already taken by this Council, the cost of investment and savings outlined, the total expenditure budget is estimated at £978.624 million, resulting in a balanced budget. 21. Agree the level of general fund contingency reserve at £8.000 million as advised by the Chief Officer (Finance). 22. Agree the continuation of the historic practice in respect of the volume discount as set out within section 6 of the Revenue Budget 2023/24 to 2025/26 and Council Tax 2023/24 Report. 23. Recognise that in line with requirements, a total of £5.045 million additional funding will be passed to the IJB for delegated services. 24. Agree that in the event additional undirected funding is made available for 2023/24, it will be held in reserves to mitigate against financial risks and uncertainties, and to support future budget pressures.
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 29 Appendix 1 2023/24 £m 2024/25 £m 2025/26 £m Total £m Review of Early Learning & Childcare; Single Status Employee Resources 0.000 2.000 1.000 3.000 To align staffing resources to previously approved model Review of Devolved School Management 0.639 0.375 0.000 1.014 Review of education resources including budget allocations to schools through the Devolved School Management (DSM) scheme. This review will be supported by DSM working group and in dialogue with Education senior managers, and will give consideration to utilisation of resources and the outcomes for children and young people, whilst remaining mindful of the impact on teacher numbers School Transport Move distance threshold to statutory limits 0.000 1.200 2.400 3.600 Total Savings 0.639 3.575 3.400 7.614 Savings Options Appendix 2 £m Budget Shortfall per the Budget Report 11.044 Managed by; 5% Increase in Council Tax 6.400 Revenue Savings 7.614 Surplus/ (Shortfall) 2.970 New Investment (2.970) Net Budget 0.000
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 30 Councillor Hume, seconded by Councillor Carragher, moved that the Council agree the following budget proposal. The North Lanarkshire SNP Group accept the figures in the latest financial outlook provided by the Finance Team, which covers the figures from the Medium Term Financial Plan and subsequent updates. In keeping with the advice received, we have provided a one year balanced budget that identified future years savings will be temporarily met by reserves, totalling £8.053m (£6.410m in 23/24 and £1.643m in 24/25). This confirmation will also allow Officers to complete the necessary planning to allow the changes to be delivered. Our primary goals in choosing our Budget Options were to ensure: • No NLC colleagues faced compulsory redundancy in 23/24 • minimise any impact on frontline services To that end: • We have accepted the Base Budget Adjustment Savings proposals which are documented in Appendix 3 of the Revenue Budget 2023/24 to 2025/26 and Council Tax 2023/24 report on today’s agenda. We have utilised the year 2 and year 3 savings of £0.682 to contribute to the 23/24 budget gap, thus leaving a budget gap of £31.320m and £16.300m in financial years 24/25 and 25/26 respectively. • We have chosen savings options that balance the Budget and also cover the required £2.000m Active and Creative Communities savings that has not been realised in previous years. Appendix 3 £m £m Expenditure Budget 2023/24 per Budget Report 982.803 Advanced Action; Base Budget Adjustments (6.510) 2023/24 Savings Deliverable (0.639) 2023/24 New Investment 2.970 Revised Net Expenditure 2023/24 978.624 Available Resources: Resources Budget 2023/24 per Budget Report 954.549 5% Council Tax increase 2023/24 6.400 Use of balances per budget report 10.700 Further Use of Balances in 2023/24 to manage timing of savings 6.975 2023/24 Available Resources 978.624 Recurring Budget Shortfall/ (Excess) 0.000 Summary Budget for 2023/24
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 31 • We felt it was more beneficial to our local Communities to minimise the savings to ensure a balanced budget rather than take more substantial savings and propose additional spending options. • We welcome the financial flexibilities made available by the Scottish Government, which allowed alterations to accounting for school PPP Contracts providing scope for expenditure in this and future years. • We propose an increase in Council Tax of 5% which will mean an increase for Band D of £1.21 per week. • We would like to confirm our commitment to utilise 1% of Council Tax increases to support the Community Investment Fund. • The SNP Group notes that there was an increase in the Scottish Government funding this year and can confirm that for a number of years, the overall funding North Lanarkshire has received has increased annually. 23/24 £000 24/25 £000 25/26 £000 Total £000 Budget Shortfall MTFP 37,897 20,620 16,300 74,817 Reversal of 1.25% NI increase (3,500) (3,500) Increase in General Revenue Grant (6,143) (6,143) Revised Budget Gap 28,254 20,620 16,300 65,174 Agreed Action Base Budget Adjustments & Operational decisions 6,510 472 210 7,192 Use of balances - energy costs 10700 -10700 0 Revised Shortfall / (Excess Resource) 11,044 30,848 16,090 57,982 Solutions: Council Tax @ 5% (6,400) Remaining gap to be managed 4,644 30,848 16,090 51,582 Chosen Savings options - SNP Group: 23/24 24/25 25/26 Total £000 £000 £000 £000 EC12 Removal of growth Budget 234 0 0 234 EC19 Brown bin charges 0 1428 0 1428 ECF01 Single Status Employee costs re ELC operating staff 0 2000 1000 3000 ECF11 EC&F clerical review 0 867 433 1300 Total Savings Options 234 4295 1433 5962 Total savings options 5,962
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 32 Excess savings over 23/24 Budget Gap 1,318 Base Budget Adjustments for future years savings 682 Overall savings 2,000 Offset ACC outstanding saving 2,000 Budget/ Savings options gap 0 Councillor Watson, seconded by Councillor Currie, moved the following budget motion. 1. Budget adjustments Service area Saving ref. No Summary Savings Proposal Saving Description 23/24 £000 24/25 £000 25/26 £000 Total £000 Education Children & Families ECF01 Early Years Establishments Re-align the operating model for Early Learning and Childcare employees 0 2,000 1,000 3,000 ECF03 HQ Service Delivery Reduction in transport and plant 0 1,200 2,400 3,600 ECF09 Music Tuition Review the operational model for the Instrumental Music Service 95 45 0 140 ECF13 Schools Review of Devolved School Management whilst being mindful of teacher numbers 664 332 0 996 Total Education Children & Families 7,736 2. Areas for growth Service area Summary Savings Proposal Growth Description Total £000 Enterprise & Communities Environmental enforcement Increase environmental enforcement Wardens 137 Anti-Social Behaviour Extend assistance to all residential properties 111 Grass cutting Re-establish / enhance grass cutting on Council land (including Cemeteries and roads and verges adjacent to roads 794
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 33 with a speed limit of 40mph and above) Coronation Funds to support public participation in the Coronation 50 Offset outstanding saving Reversal of previous savings linked to Culture and Leisure 2,000 Total of additional budget items 3,092 3. Summary Narrative Summary 23/24 (000) Identified savings 7,736 Gap -4,644 Additional items -3,092 Balance 0 Assumption Council tax rise 5% =£6,400 Note: This proposal requires agreement to use one-off resources of £6.977m in year one and £10.377m over the three-year period. This allows time to implement the savings. Councillor Roarty, seconded by Councillor Patton, moved that the meeting be adjourned for one hour. Councillor Carragher, seconded by Councillor Sullivan, moved as an amendment, that the meeting be not adjourned. Thereon, in terms of Standing Order 39, the vote was taken by calling the roll. On the roll being called 35 Members voted for the Amendment, as follows:- Councillors Ashraf, Ballinger, Barclay, Baudo, Brennan, Cairns, Carragher, Crichton, Di-Mascio, Fotheringham, Goldie, Hughes, Hume, Jarvie, D. Johnston, T. Johnston, Keltie, Larson, Lennon, Linden, MacGregor, Magowan, Masterton, McCluskey, McManus, Mitchell, Robb, Robinson, Smith, A. Stubbs, L. Stubbs, Sullivan, Thomas, Toner and Williams. 42 Members voted for the Motion, as follows:- Councillors Beveridge, Boyd, Brannan-McVey, Burgess, Bustard, Campbell, Costello, M. Coyle, S. Coyle, Currie, Docherty, Duffy, Duffy-Lawson, Dunbar, Fisher, Jones, Kelly, Khan, Leckie, Logue, Loughran, McBride, B. McCulloch, M. McCulloch, McDade, McKay, McKendrick, McLaren, McNally, McPake, McPhilemy, McVey, Nolan, Patton, Reddin, Roarty, Shevlin, Shields, Stevenson, Watson, Wilson and Woods. 35 Members having voted for the Amendment and 42 Members having voted for the Motion, the Motion was accordingly declared carried. The meeting was adjourned for one hour. The meeting re-convened at 3.50 pm. Councillor Watson withdrew the Conservative Group budget motion. Councillor Logue, seconded by Councillor Watson, moved a composite adjustment to the Labour Group budget motion.
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 34 Composite Adjustment to Labour Group Motion 2023/24 £m Anti-Social Behaviour; Extend assistance to all residential properties 0.111 Public Holiday 8 May 2023; Provide funding to support community activity in respect of the celebration of the Coronation of King Charles III 0.050 Additional Devolved School Management Saving (0.161) Net Adjustment 0.000 Thereon, in terms of Standing Order 39, the vote was taken by calling the roll. On the roll being called between the Motion (Labour Group Budget Proposal as amended by the Composite Adjustment to Labour Group Budget Proposal) and the Amendment (SNP Group Budget Proposal):- 33 Members voted for the Amendment, as follows:- Councillors Ashraf, Ballinger, Barclay, Baudo, Brennan, Cairns, Carragher, Crichton, Di-Mascio, Fotheringham, Goldie, Hughes, Hume, Jarvie, D. Johnston, T. Johnston, Keltie, Larson, Linden, MacGregor, Magowan, Masterton, McCluskey, McManus, Mitchell, Robb, Robinson, Smith, A. Stubbs, L. Stubbs, Sullivan, Thomas and Toner. 40 Members voted for the Motion, as follows:- Councillors Beveridge, Boyd, Brannan-McVey, Burgess, Bustard, Campbell, Costello, M. Coyle, S. Coyle, Currie, Docherty, Duffy, Duffy-Lawson, Dunbar, Fisher, Jones, Kelly, Khan, Leckie, Logue, Loughran, McBride, B. McCulloch, M. McCulloch, McDade, McKay, McLaren, McNally, McPake, McPhilemy, McVey, Nolan, Patton, Reddin, Roarty, Shevlin, Stevenson, Watson, Wilson and Woods. Councillors Lennon, McKendrick and Williams abstained. 33 Members having voted for the Amendment, 40 Members having voted for the Motion and 3 Members having abstained, the Motion was accordingly declared carried. Decided: that, subject to the composite adjustment to the Labour Group Motion, the Council agreed the following:- 1. that, whilst noting the update provided by the Chief Officer (Finance) in respect of the Local Government Financial Settlement for 2023/24, the Council reluctantly accepts the wholly inadequate level of funding provided. 2. that COSLA’s Save Our Services campaign asking for Local Government to be fairly funded and empowered to deliver services be endorsed and it be acknowledged that COSLA advises this settlement represents a £71 million cash increase for the whole of Local Government after accounting for 2023/24 policy commitments.
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 35 3. that it be noted that the Resource Spending Review published in May 2022 set out the anticipated future Scottish Budget spend on Local Government up to and including 2025/26 as being maintained, and that COSLA’s call for multi-year settlements as a necessity to properly plan and deliver local services be endorsed. 4. that it be noted that after accounting for ring fenced funding, funding for new commitments and other directed expenditure, the Council received a cash increase of £6.143 million (0.87%) to core funding within the Local Government Finance Settlement. 5. that it be noted that the Council faces a budget gap of £28.254 million in 2023/24 and further gaps in 2024/25 and 2025/26 of £20.620 million and £16.300 million, respectively, a total of £65.174 million across the three-year planning period. 6. that it be noted that the administration remains fully committed to the key principle of the Revenue Resources Budget Strategy to develop budgets covering a three year period, setting a single year budget for 2023/24 is the focus here today. 7. that the significant action totalling £17.210 million, already taken by this Council to manage the gap in 2023/24 as outlined Appendix 1 of the Revenue Budget 2023/24 to 2025/26 and Council Tax 2023/24 Report be agreed which includes £7.912m of Base Budget Adjustments over the three-year period, £6.510 million of which will be realised in 2023/24 and reflects a prudent use of unallocated resources of £10.700 million to support the estimated budget burden in respect of hikes in energy costs, until there is greater certainty over the recurring financial implications for this Council which reduces the budget gap in 2023/24 to £11.044 million. 8. that Council Tax rates for 2023/24 be increased by 5%, taking a Band D charge to £1,320.78, estimated to generate additional revenue of £8.000 million, in perpetuity. 9. that the previous commitment to Community Investment by continuing to set aside the amount equivalent to a 1% Council Tax increase from 2023/24 to support Community Investment, leaving £6.400 million to help manage the 2023/24 budget gap be reiterated bringing the budget gap to £4.644 million. 10. that savings of £7.614 million as set out in Appendix 1 be agreed. 11. that, in recognition of feedback from communities, recurring investment of £2.970 million be provided to; £m • Active & Creative Communities 2.000 Reverse previous savings linked to former Culture and Leisure Services • Environmental Improvement 0.970 Investment in greenspace maintenance across North Lanarkshire’s communities. This will see improved maintenance of cemeteries, reintroduction of grass cutting on verges for A and B Category roads at 40mph and above, enhanced roundabout maintenance and an effective enforcement deterrent from littering, fly tipping and dog fouling.
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SPECIAL NORTH LANARKSHIRE COUNCIL - 23 FEBRUARY 2023 36 12. that it be noted that the administration has ensured that Culture and Leisure functions and facilities are saved from closure in financial year 2023/24, but given the scale of challenges that lie ahead it is recognised that a further review of additional savings options will be required to address significant forecast budget gaps in 2024/25 and 2025/26 and the Chief Executive shall arrange for a full review of facilities to be undertaken, the outcome of which should be reported to the Policy and Strategy Committee in due course. 13. that the Chief Officer (Education) immediately commence statutory and non- statutory consultation on the proposal to move distance thresholds for mainstream home to school transport to statutory limits with updates to be reported through future Education, Children and Families Committee. 14. that it be noted that the Communities Committee has agreed it will receive a report on the Grant Award Programme, levels of funding and award criteria for voluntary organisations in the third committee cycle of 2023. 15. that a detailed report be presented to the Education, Children and Families Committee by June 2023 in respect of ECF10, which will identify current uptake levels and options for alternative delivery of the programme reflecting additional funding anticipated from Scottish Government to provide meals during school holidays. 16. that it be noted that the administration has instructed the Chief Executive to consider the process to be undertaken to manage the significant budgetary challenges anticipated from 2024/25, to ensure the Council remains financially sustainable. 17. that it be noted that the administration puts jobs first and has therefore acted to ensure jobs are protected for as long as possible. 18. that it be noted that after providing for the cost of investment, a balanced budget for 2023/24 was proposed as set out in Appendix 2. 19. that, due to the phasing and the time required to implement the savings detailed in Appendix 1, further use of unallocated balances totalling £10.375 million over financial years 2023/24 and 2024/25 (£6.975 million in 2023/24 & £3.400 million in 2024/25) be agreed. 20. that a Revenue Budget for 2023/24 which recognises available resources of £978.624 million after accounting for the additional Council Tax income of £6.400 million and further use of one-off resources of £6.975 million in 2023/24 be approved, reflecting the action already taken by this Council, the cost of investment and savings outlined, the total expenditure budget is estimated at £978.624 million, resulting in a balanced budget. 21. that the level of general fund contingency reserve at £8.000 million be agreed. 22. that the continuation of the historic practice in respect of the volume discount, as set out within section 6 of the Revenue Budget 2023/24 to 2025/26, and Council Tax 2023/24 Report, be agreed. 23. that in line with requirements, a total of £5.045 million additional funding be passed to the IJB for delegated services. 24. that, in the event additional undirected funding is made available for 2023/24, it will be held in reserves to mitigate against financial risks and uncertainties, and to support future budget pressures.
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PETITIONS SUB - 2 NOVEMBER 2022 37 2 November 2022 at 10 am. A Meeting of the PETITIONS SUB-COMMITTEE PRESENT Councillor Stevenson, Convener; Councillor McBride, Vice-Convener; Councillors Docherty, Jarvie, Keltie, Leckie, McLaren, Mitchell and Wilson. ALSO PRESENT In accordance with Standing Order 64(A) Councillors Patton and Crichton attended as substitutes for Councillors Costello and McCluskey respectively. IN ATTENDANCE Roads and Land Maintenance Manager, Area Community Partnership Managers, Transportation Manager, Team Leader, Transportation Engineering (Central area) and Democratic Services Manager. CHAIR Councillor Stevenson (Convener) presided. APOLOGIES Councillors Ashraf, Costello, Fotheringham, McCluskey and L. Stubbs. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillors Leckie and Stevenson, by virtue of previous involvement in the terms of the petition, both declared an interest in agenda item 6 – Torbothie Road Community Garden Proposal – and left the meeting during consideration of this matter. PROCEDURE FOR CONSIDERATION OF PETITIONS 2. There was submitted the proposed procedure for considering petitions by the Sub-Committee. Decided: that the procedure for considering a petition received by the Council be approved. PETITION – GRASS CUTTING, LAMMERMOOR DRIVE AND WAVERLEY DRIVE, CUMBERNAULD 3. There was submitted a report by the Roads and Land Maintenance Manager advising the Sub-Committee of the investigations carried out in response to a petition received for grass cutting at Lammermoor Drive and Waverley Drive (1) informing the Sub-Committee that a petition had been received, containing ten signatures and requesting that the grass be cut at the roadside at Lammermoor Drive and Waverley Drive, Greenfaulds, Cumbernauld; (2) explaining that a review of land ownership of those areas, which had been removed from maintenance as part of the Council’s budget process and agreed by the Council on 21 February 2019 had been undertaken and that the search had confirmed that the areas, as detailed in the Appendix attached to the report, had been sold for the purpose of constructing a residential development; (3) indicating that, in terms of roads, streets and paths, the Council has an obligation under the Road (Scotland) Act 1984 to add new roads to the
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PETITIONS SUB - 2 NOVEMBER 2022 38 list of public roads where they are constructed to the appropriate standard however, no such legislative requirement exists for play areas and recreation, landscaped or ornamental ground; (4) advising that ownership of the areas of land appears to remain with a private company, however, individual properties do appear to have burdens relating to maintenance of open spaces, therefore, it is considered that it would be prudent for the residents to seek legal advice to establish whether they have responsibility for maintenance or if this rests with the land owner, and (5) intimating that where maintenance rests with the residents then information on setting up alternative maintenance arrangements can be obtained from the Council. Decided: (1) that the decision taken by the Council on 21 February 2019 be acknowledged; (2) that the investigations undertaken, and the confirmation that ownership of the areas of land do not rest with the Council, be acknowledged, and (3) that the private areas of grass at Lammermoor Drive and Waverley Drive not be added into the Council’s grass maintenance programme. PETITION – PLAY FACILITY, ROMAN ROAD 4. There was submitted a report by the Community Partnership Manager advising the Sub-Committee of a petition received by the Council requesting the development of a play area at Roman Road, Motherwell and of discussion at the Motherwell Community Board to consider this proposal for delivery as part of the Local Development Programme (LDP) (1) informing the Sub-Committee that, currently, there is no Council play provision in the area although there is another recreational facility at the joint school campus of Cathedral Primary School and Fir Park Primary; (2) recommending that the development of a play area at Roman Road be supported and advising that an indicative allocation of £50,000 from the LDP had been earmarked; (3) informing the Sub-Committee that officers from the Community Partnership Team have previously liaised with the petitioners regarding this matter and advised them that they would be required to establish community support through a play area development, and (4) informing that the proposal to support the development of a play facility at Roman Road had been approved, in principle, at the Motherwell Community Board meeting on 9 June 2022. Decided: (1) that the contents of the report and the petition be noted; (2) that the proposals to support the development of the play area as outlined in the report be supported, and (3) that it be noted that the funding will include an allocation from the Local Development Programme. PETITION – CLOSURE OF A PLAY AREA, AUCHINLEA DRIVE, CLELAND 5. There was submitted a report by the Community Partnership Manager advising of a petition received by the Council objecting to the proposed removal of an existing play area located at Auchinlea Drive, Cleland and the specific actions requested within the petition (1) indicating that a petition had been received by the Council which contained signatures and addresses of 85 local residents and which highlighted their disagreement with the closure of the play area located at Auchinlea Drive, Cleland; (2) intimating that the play area had reached the end of its life and is considered to be no longer economical to repair and that Council officers had inspected the site and advised that it should be closed at the earliest opportunity; (3) highlighting that the play area does not sit on land owned by the
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PETITIONS SUB - 2 NOVEMBER 2022 39 Council and, as such, it is unable to replace and renew existing equipment on the site through its capital budgets; (4) explaining that the Council has alternative play provision in the area located within Cleland Public Park, which is an approximate 460 metres walk away and that this is considered to be an acceptable distance and that, furthermore, the site at Cleland Public Park has already been identified for additional investment through the Local Development Programme to upgrade the local play provision within Cleland; (5) reporting that a new housing development is under construction immediately to the east of Auchinlea Drive on the site of the former Cleland Hospital and that this site will include a play area as a planning condition, and (6) outlining the Council’s obligations and its decision made at its meeting on 21 February 2019 in regards to grass cutting at areas of ground not under Council ownership. Decided: (1) that the content of the petition be acknowledged; (2) that the investigations undertaken to ensure continued play provision within this locality be acknowledged; (3) that it be recognised that local capital investment for play provision has been identified for the area for the sites within Council ownership, and (4) that the play area at Auchlinlea Drive be closed. Councillors Leckie and Stevenson, by virtue of a previous involvement in the terms of the petition, both declared an interest, by virtue of that connection, in the following item of business and left the meeting during its consideration. Councillor McBride assumed the Chair. PETITION – TORBOTHIE ROAD COMMUNITY GARDEN PROPOSAL 6. There was submitted a report by the Head of Strategic Communication advising of a petition received by the Council objecting to the proposed community garden at the Torbothie Greenspace Site (1) informing the Sub-Committee that a petition had been received, which was linked to ongoing engagement around the proposal for the site and which contained 83 signatures; (2) reporting that at the Shotts Community Board meeting in November 2020 Torbothie Greenspace Project had been added to the Local Development Programme (LDP) list as a potential project and approved in principle pending further engagement, feasibility work and receipt of a project proposal; (3) advising that, following initial early receipt of a proposal for a community garden at the site, there was further dialogue with local residents and it had been identified that the site had been declared surplus to requirements by the Council; (4) indicating that it had been clarified to the community at this point that any project on this site would need to be community led with a local community group taking on responsibility and maintenance arrangements and it became apparent through local engagement that whilst there was some support for the development of the site for community use, there was not a local group able to take responsibility for the site to allow the proposal to proceed at that time, and (5) explaining that following further community engagement and feedback from local people it had been agreed that the Council would remove the land from the list of surplus assets so that the Council could retain operational control of the land and that the area would be sown with wildflowers and the existing metal fence removed from the site and, finally, that the Community Partnership Team would continue to work with members of the community with the aim for a group to take on operation of the site in the future. Decided: (1) that the contents of the petition be noted;
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PETITIONS SUB - 2 NOVEMBER 2022 40 (2) that the decision to not proceed with the community garden proposal at this time, and to remove the site from the list of surplus assets so that the Council will retain operational control of the land, be acknowledged; (3) that the plan to sow wildflowers at the site to ensure that it can be retained for community use whilst minimising ongoing maintenance or revenue commitments from the Council’s perspective be acknowledged, and (4) that it be noted that the Community Partnership Team would continue to work with members of the community with the aim of taking on operation of the site in the future. Councillor Stevenson resumed the Chair. PETITION – ROAD SAFETY IMPROVEMENTS – HAMILTON ROAD, BELLSHILL 7. There was submitted a report by the Head of Planning and Regeneration advising of the investigations carried out in response to a petition for road safety improvements on Hamilton Road, Bellshill, adjacent to McGuigan Court (1) informing the Sub-Committee that a petition containing 17 signatures had been received by the Council requesting the installation of speed cameras, pedestrian barrier and traffic signals on Hamilton Road adjacent to the new development at McGuigan Court, Bellshill; (2) explaining that all requests which the Council receives for road safety improvements are carefully considered and evaluated on a priority basis and based on a review of Police Scotland’s Roads Injury Accident Database along with a review of traffic survey data for the location; (3) explaining that the petition had been submitted following an allegation that a dog had been struck by a vehicle on Hamilton Road and that it was unsafe for children living in McGuigan Court to be playing outside; (4) outlining the details of surveys, assessments and information obtained from Police Scotland in relation to the request for road safety improvements at this location, and (5) reporting that, after careful consideration of the accident history and traffic surveys, there was no evidence base to support any engineering interventions at this location. Decided: (1) that the investigations undertaken, and the response provided to the petitioners, be acknowledged, and (2) that there is no evidence base for any engineering interventions at this location.
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AUDIT AND SCRUTINY PANEL - 24 NOVEMBER 2022 41 24 November 2022 at 2 pm. A Meeting of the AUDIT AND SCRUTINY PANEL PRESENT Councillor Watson, Convener; Councillor Dunbar, Vice-Convener; Councillors Fisher, Hume, T. Johnston, Loughran, McNally, Robinson and Stevenson. CHAIR Councillor Watson (Convener) presided. IN ATTENDANCE Head of Audit and Risk; Business Strategy Manager; Strategy and Performance Manager; Corporate Risk Manager; Principal Auditor, and Democratic Services Manager. ALSO IN ATTENDANCE P. Murray (Senior Audit Manager), Audit Scotland. APOLOGIES Councillors D. Johnston and Sullivan. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. There were none. STRATEGIC FRAMEWORKS ANNUAL POSITION STATEMENT 2. There was submitted a report by the Head of Business and Digital (1) referring to the inter-related Strategic Frameworks which are key to addressing the success of the Plan for North Lanarkshire, whilst ensuring each stage of delivery towards achieving the overall vision is appropriately planned, guided, implemented and governed; (2) explaining that the six frameworks focus on ensuring a corporate one Council approach in respect of Policy, Governance, Performance, Self-Evaluation, Project Management and Demonstrating Improved Outcomes for Communities and, to ensure that each framework remains aligned to the Plan for North Lanarkshire, they are on a programme to undergo a regular review and refresh; (3) reminding the Panel that it has previously considered a number of reports in relation to these frameworks in line with its responsibility to provide an independent review of the Council’s Governance, Risk Management, Performance and Control Frameworks, and (4) setting out the corresponding Annual Position Statement for each framework for the information of the Panel in line with its remit. Decided: (1) that the Annual Position Statement for each framework, and the next steps to ensure each remains aligned to the Plan for North Lanarkshire, monitor delivery towards achieving the overall vision and ensuring delivery is appropriately planned, guided, implemented and governed, be acknowledged, and
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AUDIT AND SCRUTINY PANEL - 24 NOVEMBER 2022 42 (2) that it be noted that a Corresponding Review Programme supports each framework which in turn ensures that all relevant matters are kept under review, updated as required and reported to the relevant Committee. ANNUAL REVIEW AND REFRESH OF THE STRATEGIC SELF -EVALUATION FRAMEWORK 3. There was submitted a report by the Head of Business and Digital (1) recalling that, in order to meet the Best Value Duty, the Council must ensure arrangements are in place to secure continuous improvement in performance for all functions and activities undertaken to deliver services and improved outcomes; (2) explaining that a single strategy for improvement is in place through the Strategic Self-Evaluation Framework and the rolling review programme, which had been reported to the Panel in September 2021, and that this framework is specifically designed to be strategic but light touch and consistent but flexible enough to ensure that self-evaluation exercises are tailored to the service, function, project or group being evaluated and designed within the context of that operating environment; (3) reminding the Panel that the Strategic Self-Evaluation Framework is one of six inter- related corporate frameworks and that, to ensure these frameworks remain aligned to the Plan for North Lanarkshire, each is on a programme for regular review and refresh; (4) providing an update to the Panel from the Strategic Self-Evaluation Framework Rolling Review Programme for 2021 to 2022 and presenting a refreshed framework; (5) advising that, as a mechanism that also helps the Council to provide assurances that the services provided represent value for money and are efficient and effective, and able to demonstrate best value, a corporate approach to options appraisal had also been formalised and was included in the Framework and attached as an Appendix to the report, and (6) setting out, as an Appendix to the report, the Rolling Review Programme for 2022 to 2023. Decided: (1) that the refreshed Strategic Self-Evaluation Framework and Rolling Review Programme, and the purpose therein in terms of ensuring that self-evaluation identifies areas for improvement that contribute to achievement of the vision set out in the Plan for North Lanarkshire, be acknowledged, and (2) that the challenge and scrutiny role of the Panel, in line with its responsibility to provide an independent review of the Council’s Governance, Risk Management, Performance and Control Frameworks, be acknowledged. AUDIT AND RISK -RELATED ITEMS: ACTION LOG 4. There was submitted a report by the Head of Audit and Risk enabling the Panel to track implementation of requests and recommendations made by it in respect of Audit and Risk related items in the previous 18 months, with the Action Log, attached as an Appendix to the report, recording those requests and recommendations made by the Panel and detailing when these had been addressed and/or were expected to be addressed. Decided: that the contents of the report be noted. INTERNAL AUDIT PROGRESS REPORT 5. There was submitted a report by the Audit and Risk Manager (1) providing an overview of Internal Audit activity; (2) reporting the results of Internal Audit outputs finalised since the last update to the Panel in September 2022; (3) highlighting the most significant issues arising from the completed audit work; (4) updating the Panel on other aspects of the work of Internal Audit, and (5) attaching, as an Appendix to the report, a brief summary of the scope and key findings of each substantive planned audit, together with a supplementary pack containing copies of those reports.
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AUDIT AND SCRUTINY PANEL - 24 NOVEMBER 2022 43 During consideration of the report the Panel requested that further reports be brought back to a future meeting on progress made by management implementing agreed actions in relation to audit recommendations in respect of (1) Debtors and Debt-Management, and (2) Equalities. Decided: (1) that the findings, conclusions and recommendations of completed Internal Audit Reports, together with the associated management responses, be noted; (2) that reports on progress made by management implementing agreed actions in response to audit recommendations on (1) Debtors and Debt-Management, and (2) Equalities be submitted to a future meeting of the Panel; (3) that Internal Audit provide a report to future meetings of the Panel on progress made by management in implementing agreed management actions in relation to all audit recommendations categorised as “high” or “medium”, and (4) that, otherwise, the contents of the report be noted. INTERNAL AUDIT: FOLLOW UP OF ACTIONS PREVIOUSLY AGREED BY MANAGEMENT IN RESPONSE TO AUDIT RECOMMENDATIONS 6. There was submitted a report by the Head of Audit and Risk (1) detailing the extent to which management had implemented actions previously committed to in response to recommendations contained in Internal Audit reports, where those actions were due to be completed by the end of September 2022; (2) advising that Internal Audit had concluded that 19 of the 24 actions agreed in response to relevant Internal Audit recommendations during the period had been fully completed and 5 had been assessed as partially implemented; (3) reporting that 9 of the 14 actions agreed in respect of External Audit outputs had been completed, 1 had been partially implemented and 4 were no longer considered relevant, and (4) attaching, as an Appendix to the report, commentary from management together with details of proposed management actions and revised target dates for completion of those outstanding audit recommendations where Internal Audit had assessed the residual risk as “high” or “medium”. During consideration of the report, the Panel requested that further update reports be provided by management on a number of matters highlighted by Internal Audit in Appendix 1 of the report namely, (1) Digital NL (quantifying and reporting on non-financial benefits); (2) Managing Strategic Change (reporting on key projects), and (3) Governance of Capital Projects (assessing compliance with the project management framework). The Panel also requested that, where such reports were submitted to meetings of the Panel, an appropriate Senior Officer be in attendance. Decided: (1) that the contents of the report be noted; (2) that the recommendations made by Internal Audit in Appendix 1 to the report be noted, and (3) that reports be submitted to a future meeting of the Panel in respect of progress on (a) Digital NL (quantifying and reporting on non-financial benefits; (b) Managing Strategic Change (reporting on key projects), and (c) Governance of Capital Projects (assessing compliance with the project management framework, and that each report be accompanied by the appropriate Senior Officer in attendance at that meeting.
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AUDIT AND SCRUTINY PANEL - 24 NOVEMBER 2022 44 RISK MANAGEMENT UPDATE 7. There was submitted a report by the Head of Audit and Risk (1) providing an update to the Panel on key risk management developments since the most recent report in September 2022; (2) highlighting a selection of the more significant issues which are of current focus from a risk perspective, and (3) providing a narrative on the justification for additional risks to be added to the Corporate Risk Register. Decided: (1) that the current residual scores for those risks previously agreed for inclusion in the Corporate Risk Register for 2022-23, as indicated in Appendix 1 to the report, be noted; (2) that the addition to the Corporate Risk Register of new risks relating to data migration and school transport, as detailed in the report, be noted; (3) that the references to other topical risk issues, as highlighted in the report, be noted, and (4) that the work ongoing to include key service risks, and an overview of how these risks are being managed, as part of future reporting to the Corporate Management Team and the Panel, be noted. CORPORATE RISK UPDATE – GOVERNANCE, LEADERSHIP AND DECISION MAKING 8. There was submitted a report by the Head of Audit and Risk (1) reminding the Panel that, to support the Council in mitigating risks and uncertainty, the Council operates risk management arrangements which identify, evaluate, manage and control a range of key corporate risks; (2) highlighting that all risks identified and agreed as meriting inclusion in the Corporate Risk Register are subject to regular monitoring and review by relevant Senior Management and periodic review and consideration of individual risks by both the Corporate Management Team and the Panel in line with the Council’s Risk Management Strategy and their respective governance roles; (3) advising that, in line with the previously approved timetable for reporting on corporate risks, this report focused on the deep dive of the ”Governance, Leadership and Decision-Making” corporate risk providing an overview of the current risk environment together with an overview of existing controls and actions taken to date to mitigate against this risk, as well as further actions planned to continue to manage and update this risk, and (4) informing the Panel that, following the most recent review of this risk, the residual risk score had increased from 12 to 16 largely attributable to the Elections in May 2022 and subsequent political events which are assessed as having increased uncertainty in a number of areas. Decided: (1) that it be noted that the updated deep dive, attached as Appendix 1 to the report, highlights that the residual risk score in relation to the “Governance, Leadership and Decision-Making” corporate risk had increased; (2) that the current and planned controls and actions relating to this corporate risk be noted, and (3) that the important role that Elected Members and Chief Officers have in relation to the ongoing management and mitigation of this risk be recognised. CORPORATE RISK UPDATES – SUPPLY CHAIN 9. There was submitted a report by the Head of Audit and Risk (1) reminding the Panel that, to support the Council in mitigating risks and uncertainty, the Council operates risk management arrangements which identify, evaluate, manage and control a range of key corporate risks; (2) advising that, in line
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AUDIT AND SCRUTINY PANEL - 24 NOVEMBER 2022 45 with the previously approved timetable for reporting on corporate risks, this report focused on the deep dive of the ”Supply Chain” corporate risk providing an overview of the current risk environment together with an overview of existing controls and actions taken to date to mitigate against this risk, as well as further actions planned to continue to manage and update this risk; (3) indicating that the increased costs associated with the Supply Chain risk will largely have to be managed within existing budgets which are not expected to increase in line with inflationary pressures and the Council can increasingly expect to see impacts on service provision, projects, Programme of Work items and challenges in delivering the Capital Programme as previously planned, and (4) concluding that there will require to be decisions made to review and update previously approved plans and projects, assessing what will progress and what may need to be delayed or ceased. Decided: (1) that it be noted that the updated deep dive, attached as Appendix 1 to the report, highlights that the residual risk score in relation to the “supply chain and associated inflationary pressures” corporate risk is unchanged and remains high; (2) that the current and planned controls and management actions relating to this corporate risk be noted, and (3) that the important role that short and medium-term financial planning has in allowing the Council to respond to pressures arising from this risk, and a need to ensure that future plans and ambitions are realistic and aligned with available resources, be recognised.
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PLANNING HEARINGS - 15 DECEMBER 2022 46 15 December 2022 at 2 pm. A Meeting of the PLANNING HEARINGS COMMITTEE PRESENT Councillor Shevlin, Convener; Councillor Currie, Vice-Convener; Councillors Ashraf, Ballinger, Barclay, Baudo, Boyd, Brannan-McVey, Brennan, Burgess, Bustard, Cairns, Campbell, Carragher, Costello, M. Coyle, S. Coyle, Crichton, Di Mascio, Docherty, Duffy-Lawson, Dunbar, Fisher, Fotheringham, Goldie, Hughes, Hume, Jarvie, D. Johnston, T. Johnston, Jones, Kelly, Khan, Leckie, Linden, Logue, Loughran, MacGregor, Magowan, McBride, B. McCulloch, M. McCulloch, McKay, McKendrick, McLaren, McManus, McNally, McPake, McPhilemy, McVey, Mitchell, Nolan, Patton, Reddin, Roarty, Robb, Robinson, Shields, Smith, Stevenson, A. Stubbs, L. Stubbs, Sullivan, Thomas, Toner, Watson, Williams, Wilson and Woods. CHAIR Councillor Shevlin (Convener) presided. IN ATTENDANCE Chief Officer of Planning; Planning and Place Manager; Planning Manager (South); Senior Planning Officer, and Principal Democratic Officer. ALSO IN ATTENDANCE In respect of paragraph 2 Representing the Applicant – K. Pearson, K. Russell and C. Smith. Representing the Objectors – F. Morrison and R. O'Donnell, Ravenscraig Community Action Group; B. Davies and S. Van Der Hoek. APOLOGIES Councillors Beveridge, Duffy, Keltie, Larson, Lennon, Masterton, McCluskey and McDade. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor Wilson, by virtue of the location of his home address and subsequently articulating a public opinion in respect of Planning Application 21/00273/FUL, declared a connection with agenda item 2 and left the meeting during consideration of this item. Councillor Bustard, retrospectively declared a connection with agenda item 2 at the Special meeting of the Council which took place immediately following this meeting, by virtue of his employment and left the meeting during consideration of this item. Councillor Wilson, prior to consideration of the following item of business had declared a connection by virtue of the location of his home and subsequently articulating a public opinion in respect of Planning Application 21/00273/FUL, left the meeting during consideration of this item. Councillor Bustard, having retrospectively declared a connection with the following item of business at the Special meeting of the Council which took place immediately following this meeting, by virtue of his employment, left the meeting during consideration of this item.
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PLANNING HEARINGS - 15 DECEMBER 2022 47 Councillors Bustard, Docherty and McVey joined the meeting after the commencement of the Planning Hearing and did not participate in consideration of the planning application. PLANNING APPLICATION 21/00273/FUL - RAIL FREIGHT TERMINAL, DISTRIBUTION CENTRE AND OFFICE WITH ANCILLARY BUILDINGS, CRANES AND ASSOCIATED LANDSCAPING AND INFRASTRUCTURE - LAND ADJACENT TO WISHAW DEVIATION RAILWAY LINE, SITE OF FORMER RAVENSCRAIG STEELWORKS, ACCESS VIA RAVENSCRAIG SPINE ROAD (A721), MOTHERWELL 2. The Committee considered a report by the Chief Officer of Place (a copy of which had been issued with the agenda of the Special meeting of North Lanarkshire Council to be held following conclusion of this meeting) in relation to a planning application by John G. Russell (Transport) Limited for a Rail Freight Terminal, Distribution Centre and Office with Ancillary Buildings, Cranes and Associated Landscaping and Infrastructure - Land Adjacent to Wishaw deviation railway line, site of former Ravenscraig steelworks, access via Ravenscraig spine road (A721), Motherwell. The Committee heard the Senior Planning Officer speak to the report and thereafter afforded the representatives of the applicant, and those who had submitted a representation to the Planning Authority in respect of the application, the opportunity to appear and be heard by the Committee. Having heard K. Pearson, K. Russell and C. Smith on behalf of the applicant, B. Davies, F. Morrison, R. O'Donnell and S. Van Der Hoek on behalf of the objectors, and Members of the Committee, the meeting concluded.
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REGULATORY - 10 JANUARY 2023 48 Motherwell, 10 January 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillors Ballinger, Beveridge, Crichton, Docherty, Dunbar, Fisher, Robb, Thomas and Watson. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Solicitor (Licensing) and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE Inspector Conn, Police Scotland. In respect of paragraph 2 – the Civic Licensing Standards Officer. APOLOGIES Councillors Baudo, Hughes, McVey and Shevlin. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS (1) STREET TRADERS LICENCE - COMPLAINT - M & D TOWN CAR WASH LIMITED 2. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted a complaint received from the Council's Civic Licensing Standards Officer, relative to Annas Konbus, T/A M & D Town Car Wash Limited. The Committee then heard the Civic Licensing Standards Officer outline the complaint, and Annas Konbus speak in respect of the complaint. Thereafter, Annas Konbus, the Civic Licensing Standards Officer and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Annas Konbus, the Civic Licensing Standards Officer and the representative of Police Scotland were then re-admitted to the meeting.
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REGULATORY - 10 JANUARY 2023 49 The Committee, having determined that the complaint by the Civic Licensing Standards Officer, relative to M & D Town Car Wash Limited, be upheld, then heard Annas Konbus in mitigation. Thereafter, Annas Konbus, the Civic Licensing Standards Officer and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Annas Konbus, the Civic Licensing Standards Officer and the representative of Police Scotland were then re-admitted to the meeting. Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, the complaint by the Civic Licensing Standards Officer, relative to M & D Town Car Wash Limited, firstly be upheld, and secondly that the Street Trader's Licence be suspended, with immediate effect, for a period of six weeks. (2) STREET TRADER'S LICENCE (EMPLOYEE) - NEW APPLICATION - MARK SPEIRS 3. There was submitted (1) an application by Mark Speirs for a Street Trader's Licence (Employee), and (2) an objection to the application received from the Chief Constable, Police Scotland. The Committee then heard Inspector Conn outline the Chief Constable's objection to the application, and Mark Speirs speak in support of the application. Thereafter, Mark Speirs and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Mark Speirs and the representative of Police Scotland were then re-admitted to the meeting. Decided: that the application by Mark Speirs for a Street Trader's Licence (Employee) be granted. (3) PRIVATE HIRE DRIVER'S LICENCE AND PRIVATE HIRE CAR OPERATOR LICENCE - COMPLAINT - MIROSLAW SUPRUN 4. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted a complaint received from the Chief Constable, Police Scotland, relative to Miroslaw Suprun, who currently held a Private Hire Driver's Licence and a Private Hire Car Operator Licence. The Committee then heard Inspector Conn outline the Chief Constable's complaint, and Miroslaw Suprun speak in respect of the complaint. Thereafter, Miroslaw Suprun and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Miroslaw Suprun and the representative of Police Scotland were then re-admitted to the meeting. Councillor Watson, seconded by Councillor Dunbar, moved that the complaint received from the Chief Constable, relative to Miroslaw Suprun, in respect of his Private Hire Driver's Licence and his Private Hire Car Operator Licence be not upheld. Councillor Robb, seconded by Councillor Crichton, moved, as an amendment, that the complaint received from the Chief Constable, relative to Miroslaw Suprun, in respect of his Private Hire Driver's Licence and his Private Hire Car Operator Licence be upheld. On a vote being taken, 4 Members voted for the amendment, and 6 Members voted for the motion, which was accordingly declared carried.
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REGULATORY - 10 JANUARY 2023 50 Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, the complaint by the Chief Constable, relative to Miroslaw Suprun, in respect of his Private Hire Driver's Licence and his Private Hire Car Operator Licence be not upheld. (4) PRIVATE HIRE DRIVER'S LICENCE - RENEWAL - STUART CAIRNS 5. There was submitted (1) an application received from Stuart Cairns for the renewal of his Private Hire Driver's Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Committee then heard the Solicitor (Licensing) advise that, for the reasons narrated, that consideration of the application required to be continued until 24 January 2023. The Committee then heard Inspector Conn advise that, given the circumstances, he had no objection to consideration of the application being continued until 24 January 2023. Decided: that consideration of the application by Stuart Cairns for the renewal of his Private Hire Driver's Licence be continued until 24 January 2023.
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LOCAL REVIEW BODY - 19 JANUARY 2023 51 19 January 2023 at 10 am. A Meeting of the LOCAL REVIEW BODY PRESENT Councillor Docherty, Convener; Councillor Bustard, Vice-Convener; Councillors Brennan, Burgess, M. Coyle, Logue, McManus and Shevlin. CHAIR Councillor Docherty (Convener) presided. IN ATTENDANCE The Planning Manager (Strategy and Policy) and Principal Democratic Officer. APOLOGIES Councillors Smith and L. Stubbs. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The meeting noted that there were no declarations of interest. PLANNING APPLICATION NO. 22/00873/FUL - ERECTION OF SIX FOOT FENCE TO THE FRONT AND SIDE (IN RETROSPECT) AT 53 THOMSON DRIVE, AIRDRIE 2. There were submitted (1) a Notice of Review of the decision taken by the former Head of Planning and Regeneration under delegated authority to refuse Planning Application 22/00873/FUL – Erection of Six Foot Fence to the Front and Side (In Retrospect) at 53 Thomson Drive, Airdrie; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) a representation received from an interested party, and (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location and relevant excerpts from the North Lanarkshire Local Development Plan: PP 3 General Urban Area, EDQ 1 Site Appraisal and EDQ 3 Quality of Development. Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure. Thereon, the Local Review Body, having discussed and given consideration to the various submissions and representations, noted that the speed bumps to the north and south of the development would mitigate the pedestrian and road safety issues and determined that planning permission be granted. Decided: that Planning Application 22/00873/FUL – Erection of Six Foot Fence to the Front and Side (In Retrospect) at 53 Thomson Drive, Airdrie be granted.
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REGULATORY - 24 JANUARY 2023 52 Motherwell, 24 January 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillor McVey, Vice-Convener; Councillors Ballinger, Baudo, Docherty, Dunbar, Fisher, Hughes, Robb, Shevlin, Thomas and Watson (paragraph 5 only). CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Solicitor (Licensing) and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE Sergeant Brown, Police Scotland. APOLOGIES Councillors Beveridge and Crichton. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS (1) SECOND HAND DEALERS LICENCE – RENEWAL – CUMBERNAULD CAR SALES 2. There was submitted (1) an application received from Cumbernauld Car Sales for the renewal of its Second Hand Dealers Licence in respect of the second hand car sales premises at 18D Cumbernauld Road, Mollinsburn, and (2) a representation to the application received on behalf of the Head of Regulatory Services and Waste Solutions. The Committee then heard the Solicitor (Licensing) advised that, for the reasons narrated, that consideration of the application required to be continued until a future date. Decided: that consideration of the application by Cumbernauld Car Sales for the renewal of its Second Hand Dealers Licence in respect of the second hand car sales premises at 18D Cumbernauld Road, Mollinsburn be continued until a future date.
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REGULATORY - 24 JANUARY 2023 53 (2) PRIVATE HIRE DRIVER’S LICENCE – NEW APPLICATION – PAUL McCANN 3. There was submitted (1) an application by Paul McCann for a Private Hire Driver’s Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Committee then heard Sergeant Brown outline the Chief Constable’s objection to the application, and Paul McCann speak in support of the application. Thereafter, Paul McCann and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Paul McCann and the representative of Police Scotland were then readmitted to the meeting. Decided: that the application by Paul McCann for a Private Hire Driver’s Licence be granted for a period of one year. (3) PRIVATE HIRE DRIVER’S LICENCE – RENEWAL – STUART CAIRNS 4. In reference to paragraph 5 of the Minute of the meeting of this Committee held on 10 January 2023, there was submitted (1) an application received from Stuart Cairns for the renewal of his Private Hire Driver’s Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Committee then heard Sergeant Brown outline the Chief Constable’s objection to the application, and Stuart Cairns speak in support of the application. Thereafter, Stuart Cairns and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Stuart Cairns and the representative of Police Scotland were then readmitted to the meeting. Decided: that the application by Stuart Cairns for the renewal of his Private Hire Driver’s Licence be refused. (4) PRIVATE HIRE DRIVER’S LICENCE AND PRIVATE HIRE CAR OPERATOR LICENCES – COMPLAINT – WAHEED GHANI 5. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted a complaint received from the Chief Constable, Police Scotland, relative to Waheed Ghani, who currently held a Private Hire Driver’s Licence, a Private Hire Car Operator’s Licence, and jointly held a Private Hire Car Operator Licence with Shamshad Ghani. The Committee then heard Sergeant Brown outline the Chief Constable’s complaint, and Waheed Ghani, who was accompanied by Shamshad Ghani, speak in respect of the complaint. Thereafter, Waheed Ghani, Shamshad Ghani and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Waheed Ghani, Shamshad Ghani and the representative of Police Scotland were then readmitted to the meeting. The Committee, having determined that the complaint by the Chief Constable (1) relative to Waheed Ghani, in respect of his Private Hire Car Operator Licences, be not upheld, and (2) relative to Waheed Ghani, in respect of his Private Hire Driver’s Licence be upheld, then heard Waheed Ghani in mitigation.
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REGULATORY - 24 JANUARY 2023 54 Thereafter, Waheed Ghani, Shamshad Ghani and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Waheed Ghani, Shamshad Ghani and the representative of Police Scotland were then re-admitted to the meeting. Councillor McLaren, seconded by Councillor Fisher, moved that Waheed Ghani’s Private Hire Driver’s Licence be suspended, with immediate effect, for a period of two months. Councillor McVey, seconded by Councillor Robb, moved, as an amendment, that Waheed Ghani’s Private Hire Driver’s Licence be suspended, with immediate effect, for a period of six months. On a vote being taken, 6 Members voted for the amendment, and 6 Members voted for the motion. The vote being equal, the Chair exercised his casting vote in favour of the motion, which was accordingly declared carried. Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982: (1) the complaint by the Chief Constable, relative to Waheed Ghani, in respect of his Private Hire Car Operator Licences, be not upheld, and (2) the complaint by the Chief Constable, relative to Waheed Ghani, in respect of his Private Hire Driver’s Licence, firstly be upheld, and secondly, that his Private Hire Driver’s Licence be suspended, with immediate effect, for a period of two months.
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PLANNING - 2 FEBRUARY 2023 55 2 February 2023 at 10 am. A Meeting of the PLANNING COMMITTEE PRESENT Councillor Shevlin, Convener; Councillor Currie, Vice-Convener; Councillors Baudo, Brennan, Burgess, Bustard, Cairns, Campbell, M. Coyle, S. Coyle, Docherty, Jarvie, T. Johnston, Lennon, Logue, Loughran, McNally, McPake, Robb, Robinson, Smith, L. Stubbs and Woods. ALSO PRESENT In accordance with Standing Order 64(A) Councillor Fisher attended as a substitute for Councillor McDade. CHAIR Councillor Shevlin (Convener) presided. IN ATTENDANCE Chief Officer (Place), Planning and Place Manager, Planning Manager (North), Planning Manager (South), Planning Manager (Strategy and Policy), Communications Officer and Principal Democratic Officer. APOLOGY Councillor McDade. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The meeting noted that there were no declarations of interest. PLANNING APPLICATIONS INDEX 2. There was submitted a report by the Chief Officer (Place) detailing applications for planning consent. In respect of planning application 22/00362/FUL – Erection of 2 No. Industrial Units Including Access Road, Paths, Fences, Yards, Parking and Infrastructure – Land West of Centrum Business Park, Hagmill Road, Shawhead, Coatbridge, Councillor Logue, seconded by Councillor McPake, moved that the application be granted. Councillor Woods, seconded by Councillor Docherty, moved as an Amendment that planning application 22/00362/FUL be continued for a hearing. Thereon, in terms of Standing Order 39, the vote was taken by calling the roll. On the roll being called 8 Members voted for the Amendment, as follows:- Councillors Bustard, Cairns, Docherty, Lennon, McNally, Smith, L. Stubbs and Woods. 16 Members voted in favour of the Motion, as follows:- Councillor Baudo, Brennan, Burgess, Campbell, M. Coyle, S. Coyle, Currie, Fisher, Jarvie, Johnston, Logue, Loughran, McPake, Robb, Robinson and Shevlin.
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PLANNING - 2 FEBRUARY 2023 56 8 Members having voted for the Amendment and 16 Members having voted for the Motion, the Motion was accordingly declared carried and the application was granted. Decided: that the applications be dealt with in accordance with the Annex to this Minute. PLANNING AND ENFORCEMENT NOTICE APPEALS LODGED 3. There was submitted a report by the Chief Officer (Place) advising of two planning and enforcement notice appeals which had been lodged with the Scottish Ministers. Decided: that the report be noted.
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PLANNING - 2 FEBRUARY 2023 57 ANNEX Application No: 22/00364/S42 Applicant: Bellway Homes & Deuchny Properties Development/Locus: Section 42 Application for Variation of Condition 16 'No Build Areas' Attached to Planning Permission In Principle 13/01958/PPP Regarding Residential Development of up to 450 Units, Access and Associated Works - Site at Johnston Road, Gartcosh Decision: Refuse Application No: 21/01460/MSC Applicant: Bellway Homes & Deuchny Properties Development/Locus: Erection of 75 Homes with Associated Works (Phase 3) - Land East of Lochend Road, Gartcosh Decision: Refuse Application No: 22/00326/MSC Applicant: ID Meiklam Trust Development/Locus: Development of Eight Platformed Sites and Site Engineering Works for Industrial/Distribution Uses Comprising Site Access, Site Platforming, Utilities and Landscaping (Phase 3 of Mossend International Railfreight Port App Ref. 13/02079/PPP) - Land North East of Reema Road Industrial Estate, Reema Road, Bellshill Decision: Grant Application No: 22/00362/FUL Applicant: Wemyss Properties Limited Development/Locus: Erection of 2 No. Industrial Units Including Access Road, Paths, Fences, Yards, Parking and Infrastructure - Land West of Centrum Business Park, Hagmill Road, Shawhead, Coatbridge Decision: Grant Application No: 22/00770/S42 Applicant: Greengairs East Wind Farm Limited Development/Locus: Construction of Wind Farm Including Permanent Meteorological Mast, Site Entrance, Access Tracks, Crane Hardstandings, Control Building, Underground Cables and Temporary Construction Compound (Section 42 Application to Vary Condition 1 and Delete Condition 38 of Planning Permission 19/01292/S42 to Extend the Operational Life to 40 Years and Allow 3 Years for Restoration) - Site to North of Easterton, Airdrie Road, Caldercruix Decision: Grant
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PLANNING - 2 FEBRUARY 2023 58 Application No: 22/01138/FUL Applicant: Keel Property Group Development/Locus: Two Industrial Units (Class 5/6 with Ancillary Office Accommodation) and Associated Landscaping, Access, Parking - Land Between Rowantree Avenue and Kirk Road, Newhouse Industrial Estate, Newhouse Decision: Grant Application No: 22/01250/S42 Applicant: Persimmon Homes And Messrs Lamont, Love and Geddes Development/Locus: Variation of Conditions 3(e), 15 and 18 of Permission Ref. 19/00274/PPP for a Residential Development (Circa 750 Units), Incorporating Retail/Community Uses, Open Space, Access, Link Road and Associated Works (Including Demolition of Existing Buildings) – Heathfield Farm, Drumcavel Road, Muirhead Decision: Grant Application No: 22/01363/S42 Applicant: Peter D. Stirling Ltd/ID Meiklam Trust Development/Locus: Application Under Section 42 to Amend Condition 5 and Condition 12 of Consent 19/00002/FUL to Link Each of the Conditions to the Parts of the Approved Development to which they Relate - Mossend Rail Head, Reema Road Industrial Estate, Reema Road, Bellshill Decision: Grant Application No: 22/01425/FUL Applicant: Mrs Kayleigh McIntosh-Lowrie Development/Locus: Part Change of Use to Childminders – 7 Glen Orchy Court, Craigmarloch, Cumbernauld Decision: Grant
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WELLBEING AND TACKLING POVERTY - 3 FEBRUARY 2023 59 3 February 2023 at 10 am. A Meeting of the WELLBEING AND TACKLING POVERTY COMMITTEE PRESENT Councillor Woods, Convener; Councillor Costello, Vice-Convener; Councillors Barclay, Currie, Goldie, Keltie, Khan, Leckie, Linden, Loughran, McBride, McNally, McPhilemy, Mitchell, Nolan, Reddin, Smith, Stevenson, L. Stubbs, Thomas and Williams. CHAIR Councillor Woods (Convener) presided. IN ATTENDANCE Chief Officer (People Resources); Chief Social Work Officer (Education, Families, Justice and Integrated Practice); Business Finance Manager (Resource Solutions); Development Officer (Equalities); Business Manager, Social Inclusion and Wealth, and Democratic Services Manager. APOLOGIES Councillors Ashraf and Jones DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. There were no declarations of interest. DELIVERY FRAMEWORK FOR EQUALITIES 2023/24 2. There was submitted a report by the Chief Officer (People Resources) (1) reminding the Committee that the Council’s current five year Equalities Strategy had been agreed by the former Youth, Equalities and Empowerment Committee in August 2019, covers the years 2019 to 2024, and is underpinned by five corporate objectives which cover both the mainstreaming and workforce related requirements of the Public Sector Equalities Duty; (2) recognising that there is a link between equalities and social economic disadvantage, where evidence identifies that those with protected characteristics are more likely to experience high levels of material deprivation and poverty which will be exacerbated by the ongoing cost of living crisis and associated challenges; (3) reporting that, following the transfer of the Equalities remit to the Chief Officer (People Resources), the Service has undertaken a desktop review of the Equalities Strategy and the current programme of activity underway, which has highlighted that there is a need for the Council to be clear about how the strategy is being delivered and to better set out the significant equalities programmes of work linked to the Council’s ambitions and intentions within The Plan for North Lanarkshire, including support for those who are most disadvantaged; (4) setting out, for consideration and approval, a new delivery framework for equalities which will more clearly outline key areas of focus within the equalities remit and which will be supported by an associated plan of activities and campaigns to support the advancement of the Equalities Strategy in the year ahead, and (5) attaching, as an Appendix to the report, the Equalities Strategy 2019 to 2024. Decided: (1) that the new Delivery Framework for Equalities be approved, and (2) that the work planned and already underway in this area be noted.
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WELLBEING AND TACKLING POVERTY - 3 FEBRUARY 2023 60 THE PLAN FOR ADVANCING RACE EQUALITY IN OUR WORKFORCE, COMMUNITIES AND SCHOOLS 3. There was submitted a report by the Chief Officer (People Resources) (1) providing information on the ongoing work that has continued to progress from the legacy of the Member/Officer Black Lives Matter Working Group to advance race equality in the Council’s workforce, communities and schools; (2) detailing the extensive quantitative and qualitative information gathering that has been undertaken by the Council to understand the experiences of North Lanarkshire’s Black, Asian and Minority Ethnic (BAME) workforce, communities and schools’ environments; (3) summarising the analysis from that information; (4) providing information on activity and outcomes which have been achieved to date; (5) highlighting that action plans were now in place to address the issues which had arisen from this work, and (6) explaining how the plans would be implemented, monitored and reviewed. Decided: (1) that the work as set out within the report be noted; (2) that the action plans and arrangements for monitoring and review be approved, and (3) that progress be reported to Committee through annual reports. CHALLENGE POVERTY WEEK 4. There was submitted a report by the Chief Social Work Officer (Education, Families, Justice and Integrated Practice) (1) informing the Committee that the Council had participated in Challenge Poverty Week which had taken place between 3 to 9 October 2022; (2) advising that the week is co- ordinated by the Poverty Alliance and is an opportunity to highlight what is being done to address poverty and to commit to more action in the future; (3) highlighting the background and themes underpinning Challenge Poverty Week and the activities and messaging undertaken by the Council and its partners during that week and its link to the wider tackling poverty strategy and actions, and (4) attaching, as Appendices to the report, the Challenge Poverty Week Programme and an analysis of interactions undertaken during the week. Decided: (1) that the content of the report, and the intention to incorporate analysis and feedback into ongoing tackling poverty actions, be noted, and (2) that the Council’s future participation in Challenge Poverty Week be endorsed. TACKLING POVERTY FINANCIAL SUPPORT UPDATE REPORT 5. There was submitted a report by the Chief Social Work Officer (Education, Families, Justice and Integrated Practice) (1) reminding the Committee that on 29 September 2022 the Policy and Strategy Committee had approved the use of the Council's Local Authority Covid Economic Recovery Fund, provided by the Scottish Government for assisting residents with financial support from the recovery of Covid and the cost of living crisis; (2) providing details of the financial support provided by the Council to assist residents with the cost of living crisis, via the NL Child Payment, Fuel Hardship Payment and Pensioner Fuel Grant, and (3) providing statistical information on the activity of the cost of living helpline and reporting that the three main reasons for contacting the helpline were for income maximisation, food insecurity and fuel insecurity. Thereon, the Chief Social Work Officer (Education, Families, Justice and Integrated Practice) orally informed the Committee that authority was being sought to provide delegated authority to officers to
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WELLBEING AND TACKLING POVERTY - 3 FEBRUARY 2023 61 realign funding between the various priority strands where this was required to ensure that those in need within communities were able to access the maximum benefits available. Decided: (1) that the outcomes of the financial support provided to residents from the Local Authority Covid Economic Recovery Fund via the Council's NL Child Payment, Fuel Hardship Payment and Pensioner Fuel Grant be noted, and (2) that the approach to realigning funding between priority strands through delegated authority, where required to ensure maximum benefit to those in need in communities, be endorsed. COMMISSIONING OF EXTERNAL ADVICE AND INFORMATION SERVICES 2023-25 6. There was submitted a report by the Chief Social Work Officer (Education, Families, Justice and Integrated Practice) (1) informing of proposals for the continued funding of external advice and information services for the period April 2023 to March 2025; (2) seeking approval for the allocation of grant funding to the recommended applicants as detailed within the report; (3) providing background information on the arrangements made for the commissioning of external advice and information services further to the comprehensive review in this area undertaken by the Council during 2016/17 and the approach to recommissioning for provision of these services from April 2021; (4) explaining that the funding is proposed to continue at the current level and is divided into six pots linked to delivery for each of the main localities within North Lanarkshire, with each pot equating to £61,120 per year; (5) advising that from 2021 NHS Lanarkshire has also provided additional funding for Financial Link Workers, with external information and advice services, to work with local GP practices/primary care as part of a programme to enhance access to financial advice and support as a key influence on health and wellbeing; (6) informing that the additional funding from NHS Lanarkshire provides £100,000 per year which is split and added to each of the six pots of local authority funding allowing support to be commissioned through a single process, and (7) attaching, as Appendices to the report, details of the assessment process and scoring matrix. Decided: that the allocation of funding to the recommended applicants, with the provision of external advice and information services for the period 2023 to 2025, as set out in the report, be approved.
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COMMUNITIES - 6 FEBRUARY 2023 62 6 February 2023 at 10 am. A Meeting of the COMMUNITIES COMMITTEE PRESENT Councillor Stevenson, Convener; Councillor McBride, Vice-Convener; Councillors Ashraf, Barclay, Baudo, Beveridge, Burgess, Campbell, Fisher, Fotheringham, Hughes, Keltie, Khan, McCluskey, B. McCulloch, McLaren, McNally, Mitchell, Nolan, Patton, Robb, Smith, Toner and Williams. ALSO PRESENT In accordance with Standing Order 64(A) Councillor Logue attended as a substitute for Councillor Jones. CHAIR Councillor Stevenson (Convener) presided. IN ATTENDANCE The Chief Officer (Strategic Communication and Engagement); Chief Officer (Education – South); Active and Creative Communities Manager; Business Partnership Manager; Engagement and Communication Lead; Area Community Partnership Managers, and Democratic Services Manager. APOLOGY Councillor Jones. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor Smith, by virtue of being a Director of Cumbernauld Theatre Trust, declared a connection in respect of paragraph 9 – Grants Awards Programme 2023/24 – and left the meeting during consideration of that item. Councillor Williams, by virtue of her involvement with some organisations involved in the delivery of the work detailed in the Appendix to the report, declared a connection in respect of paragraph 6 – North Lanarkshire Partnership Strategic Leadership Board: 2021/22 Annual Oversight and Outcomes Report - and left the meeting during consideration of that item. Councillor Williams, by virtue of historic and present involvement in the Northern Corridor Local Development Programme, declared a connection in respect of paragraph 8 – Community Board Local Development Programme – but further declared that she considered the interest so sufficiently remote that it did not preclude her participation in that item. MINUTE OF MEETING OF THE PETITIONS SUB-COMMITTEE - 2 NOVEMBER 2022 2. There was submitted the Minute of the meeting of the Petitions Sub-Committee which had taken place on 2 November 2022. Decided: that the Minute of the meeting of the Petitions Sub-Committee held on 2 November 2022 be approved.
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COMMUNITIES - 6 FEBRUARY 2023 63 DRIVING DIGITALLY LOCALLY 3. There was submitted a report by the Chief Officer (Business and Digital) (1) explaining that the Council was aware of its responsibility associated with providing secure and accessible online solutions to serve communities across North Lanarkshire; (2) providing an update on the progress to date on the development of the Driving Digitally Locally framework amongst key stakeholders, communities and Elected Members; (3) reporting on the community benefits arising out of the Council's contractual relationship with Comsworld, the appointed contractor for delivery of the framework, and (4) detailing a number of next steps including the progress of the established Driving Digital Locally Digital Sub-Group and the success of progress of the intergenerational project within retirement complexes in conjunction with local primary schools. Decided: (1) that the contents of the report be noted, and (2) that the next steps outlined within the report be endorsed. PO48.1 - INTEGRATION OF ACTIVE AND CREATIVE COMMUNITIES INTO EDUCATION, CHILDREN AND FAMILIES 4. There was submitted a report by the Chief Officer (Education – South) (1) providing an overview of the integration of Active and Creative Communities into the broader Education, Children and Families remit; (2) outlining progress to date and a number of planned next steps; (3) reporting that the integration of services supports the provision of a broad, general education to support health and wellbeing, pride of place and creation of pathways into employment and further education, and (4) outlining the financial position of the funding arrangements which may be coming to an end and confirming that work is ongoing to identify an alternative, more cost effective option, for the Active Team programme. Decided: (1) that the progress to date, and approved planned next steps as outlined in the report, be noted, and (2) that, otherwise, the contents of the report be endorsed. PO48.1 - ACTIVITY TO INCREASE PARTICIPATION AND ENGAGEMENT LEVELS ACROSS NORTH LANARKSHIRE 5. There was submitted a report by the Chief Officer (Education – South) (1) providing an update on recovery within Active and Creative Communities linked to overall efforts to increase participation and engagement through a range of social, cultural and leisure activities; (2) explaining that this activity supports work by Active Scotland, which focusses on a vision where more people are active, more often and in a range of ways which exercise the body and the mind; (3) providing a statistical analysis of attendance and footfall at specific Active and Creative themed venues, and (4) providing a narrative in relation to the financial position for Active and Creative and the impact upon the budget which variances in participation rates have had. Decided: (1) that the attendance/active participant numbers during the recovery period of 2021/22 be noted; (2) that the ongoing plans to increase participation, as noted in the report, be endorsed, and (3) that, otherwise, the contents of the report be endorsed.
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COMMUNITIES - 6 FEBRUARY 2023 64 Councillor Williams, prior to consideration of the following item of business, having declared a connection by virtue of her involvement with organisations involved in the delivery of the work listed in the Appendices, left the meeting during consideration of this item. NORTH LANARKSHIRE PARTNERSHIP STRATEGIC LEADERSHIP BOARD: 2021/22 ANNUAL OVERSIGHT AND OUTCOMES REPORT (PROGRAMMES OF WORK 56.2 and 75.1 PART 6) 6. There was submitted a report by the Chief Officer (Business and Digital) (1) explaining that the Community Empowerment (Scotland) Act 2015 aims to strengthen community engagement and empowerment through a range of statutory duties on public bodies and other organisations which range from increasing levels of community participation in the planning and delivery of public services through to community management or ownership of buildings or land; (2) indicating that the Act requires all public sector bodies to work together, and to engage with local communities on the issues that matter the most to them, so as to improve outcomes with a particular emphasis on addressing inequalities, poverty and social economic disadvantage in local areas; (3) informing that community planning partners have an obligation to report publicly on their progress, including where outcomes have been improved through joint planning, collaboration and effective partnership working; (4) advising that the Oversight and Outcome Report 2021/22 highlights where community planning in North Lanarkshire is making a positive impact in strengthening partnership working and improving outcomes in line with the Plan for North Lanarkshire’s shared ambitions; (5) reporting that self-evaluation activity will be undertaken during early Spring 2023 across community planning structures, including the Strategic Leadership Board, the nine Community Boards and the recently formed Local Partnership Teams and that this exercise would provide an opportunity to reflect on progress to date and, importantly, identify where improvements and targeted action should be undertaken to strengthen Community Planning and joint working arrangements, and (6) attaching, as Appendices to the report, further details on the Community Planning Partnership Working Arrangements in North Lanarkshire and the Oversight and Outcomes Improvement Report 2021/22. Decided: (1) that the North Lanarkshire Partnership Strategic Leadership Annual Oversight and Outcomes Report 2021/22, as attached as an Appendix to the report, be approved, and (2) that the planned self-evaluation activity to be undertaken in early 2023 involving the Strategic Leadership Board, Community Boards and Local Partnership Teams be noted. PO56.2(3) COMMUNITY BOARDS AND PARTNERSHIP COMMUNICATION STRATEGY 7. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) (1) providing an update on key progress linked to supporting the development of the Community Board model including updates on the 9th cycle of Community Board meetings which took place throughout November and December 2022; (2) reporting that the work of the nine Community Boards are provided to the Committee relating to each Committee cycle and that progress is also reported to the North Lanarkshire Community Planning Partnership Strategic Leadership Board to reflect the statutory nature of the Boards in community planning terms in providing local governance for the Local Outcome Improvement Plans (LOIPs), and (3) indicating that the process and focus of reporting on the work of the Community Boards would continue to be reviewed and elements included within the LOIP Monitoring and Management Framework from 2022/23 onwards. Decided: that the work to continue to develop and improve the integrated approach to supporting the Local Community Board model be recognised. Councillor Williams, prior to consideration of the following item of business, having declared a connection by her historic and present involvement in the Northern Corridor Local Development
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COMMUNITIES - 6 FEBRUARY 2023 65 Programme, had further declared that she considered the interest sufficiently remote that it did not preclude her participation in consideration of this item of business. COMMUNITY BOARD LOCAL DEVELOPMENT PROGRAMME 8. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) (1) providing an update on progress with the Community Board Local Development Programme (LDP) projects previously approved by Committee; (2) seeking in-principle approval for new potential projects as proposed by local community groups; (3) providing an outline of the criteria for the LDP application process required to be undertaken by applicants; (4) reporting on a number of challenges in relation to delivery of the LDP including ongoing cost inflation, labour shortages and market capacity and demand, and (5) attaching, as Appendices to the report, details of the Community Board Local Development Programme 2022/23 onwards, budgetary information and a play area development list 2022/23. Decided: (1) that the progress with the remaining 2022/23 programme onwards be recognised; (2) that projects which have potential for delivery in future financial years depending on availability of budget and community support, as detailed in Appendix 1 to the report, be approved; (3) that the capital budget allocated to the Local Development Programme for each Community Board area for the next five financial years, as detailed in Appendix 2 to the report, be recognised; (4) that amendments to existing projects and further project proposals and project criteria be approved, and (5) that the current challenges faced in achieving delivery of the Local Development Programme be acknowledged. Councillor Smith, prior to consideration of the following item of business, having declared a connection by virtue of being a Director of Cumbernauld Theatre Trust, left the meeting during consideration of this item. GRANTS AWARDS PROGRAMME 2023/24 9. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) (1) providing details of applications submitted for funding from the Council's Grant Award Programme 2023/24; (2) explaining that the programme seeks to support community and voluntary organisations' contribution towards achieving outcomes included in The Plan for North Lanarkshire; (3) providing details of the guidance and criteria for the Grant Award Programme which reflect the priorities within The Plan for North Lanarkshire; (4) providing details of the process for allocation of funding based on scoring as outlined within the report, and (5) explaining that ClubsportNL is a North Lanarkshire wide organisation providing a One Stop Shop to support the voluntary sports sector and proposing that the Council allocate £9,856 to this organisation with the Service Level specification to be reviewed in 2023/24. Decided: (1) that the funding recommendations for 2023/24 Grant Awards Programme as outlined in Appendix 1 of the report be approved, and
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COMMUNITIES - 6 FEBRUARY 2023 66 (2) that an allocation of £9,856 to ClubsportNL for its Service Level Agreement with the Council be approved. VOLUNTARY ACTION NORTH LANARKSHIRE (VANL) SERVICE LEVEL AGREEMENT 2023/24 10. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) (1) advising the Committee that Voluntary Action North Lanarkshire (VANL) is the third sector interface organisation operating within North Lanarkshire and operates as an umbrella organisation providing information, advice and support to the third sector including voluntary groups/organisations and volunteers; (2) advising that VANL also represents and facilitates representation from the third sector and community planning and partnership working; (3) providing details of the strategic aims for VANL, and (4) seeking approval of funding for VANL for 2023/24 of £191,532.50 as part of a three year Service Level Agreement until March 2024. Decided: that the proposed allocation of £191,532.50, as the level of funding for 2023/24 for VANL, as set out in the report and as previously approved by the former Community Empowerment Committee as part of the three year Service Level Agreement until March 2024, as detailed in Appendix 1 to the report, be approved. LOIP SIX MONTH PROGRESS REPORT - APRIL TO SEPTEMBER 2022 11. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) (1) reminding the Committee that following the creation of the Local Outcome Improvement Plans (LOIPs) across the nine Community Board areas, a Management and Monitoring Framework and Local Partnership Team was now in place to drive local delivery and reporting; (2) providing a snapshot of progress linked to key priorities for each of the nine areas for the period April to September 2022, and (3) providing an update on progress with implementation of the Framework and work to develop the role of the Local Partnership Teams. Decided: (1) that the progress to date with the delivery of key LOIP priorities be acknowledged; (2) that the work to develop and implement the supporting partnership delivery approaches be noted, and (3) that the future priorities in strengthening and embedding the approach across the partnership, and with local communities, be endorsed. CONTRACT AWARD FOR PANTOMIME PRODUCTION AT MOTHERWELL THEATRE 12. There was submitted a report by the Chief Officer (Education – South) (1) seeking approval for the award of a contract for pantomime production at Motherwell Theatre, and (2) advising that the contract was for an initial period of 36 months, anticipated to commence on 1 March 2023, with the Council reserving the right to extend the contract for additional periods up to a maximum of a further 24 months with the contract value to not exceed £1,564,168.43, exclusive of VAT. Decided: that the award of the contract to Spillers Pantomimes Limited at the maximum value of £1,564,168.43, exclusive of VAT, following the completion of a completed procurement procedure where the tender has been evaluated as providing the most economically advantageous tender in terms of cost and quality for the Council be approved.
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COMMUNITIES - 6 FEBRUARY 2023 67 CONTRACTS AWARDED BELOW COMMITTEE APPROVAL THRESHOLD 13. There was submitted a report by the Chief Officer (Assets and Procurement) notifying the Committee of contracts awarded between 1 October to 31 December 2022 with a value below the financial threshold requiring Committee approval. Decided: that the contracts awarded below Committee approval threshold between 1 October to 31 December 2022, as per the process within the Council's General Contract Standing Orders, be noted.
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REGULATORY - 7 FEBRUARY 2023 68 Motherwell, 7 February 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillor McVey, Vice-Convener; Councillors Ballinger, Baudo, Beveridge, Dunbar, Fisher, Hughes, Robb and Thomas. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Solicitor (Licensing) and Administrative Officer, Legal and Democratic Solutions. APOLOGIES Councillor Crichton, Docherty, Shevlin and Watson. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS (1) TAXI DRIVER'S LICENCE - NEW APPLICATION - JAMES MARTIN 2. There was submitted an application by James Martin for a Taxi Driver's Licence. The Administrative Officer then indicated that James Martin was not in attendance. The Solicitor (Licensing) then advised that attempts to contact James Martin had been unsuccessful. Thereafter, the Committee resumed consideration of the matter in the applicant's absence. Decided: that consideration of the application by James Martin for a Taxi Driver's Licence be continued to allow the applicant a further opportunity to appear before the Committee to speak in respect of the application. (2) RESTRICTED RENEWAL EXTENSIONS - TAXI AND PRIVATE HIRE CARS 3. With reference to paragraph 6 of the Minute of the meeting of this Committee held on 6 September 2022, there was submitted a report by the Chief Officer (Legal and Democratic) (1) detailing, within Appendices 2 and 3 to the report, the North Lanarkshire Council specifications regarding age limits for
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REGULATORY - 7 FEBRUARY 2023 69 vehicles operating as Taxis and Private Hire Cars respectively; (2) advising that, due to the financial effects of the global pandemic, a number of operators of Taxi and Private Hire licences had been unable to present upgraded/age compliant vehicles when renewing their licences; (3) proposing that, to allow the Taxi and Private Hire operators to endeavour to recover to pre pandemic levels, (a) that the licences, numbered 2 to 7 within Appendix 1 to the report, be granted extensions for a period of 18 months from the dates of expiry of the current licences, and (b) that the licences, numbered 8 to 72 within Appendix 1 to the report, be granted extensions for a period of 12 months from the dates of expiry of the current licences; (4) intimating that, should the Committee be minded to grant extensions to the licences, the operators would be reminded of the need to maintain their vehicles in a roadworthy condition, have their vehicles undergo annual inspection tests, and have appropriate insurance in place, and (5) indicating that, towards the end of the 12 and 18 month extended licence periods, operators of Taxi and Private Hire licences, if they wished to remain being licenced, would require, when renewing their licences, to have vehicles that were age limit compliant with the Council's specifications. The Committee having heard the Solicitor (Licensing), in supplement to the report, then determined (1) that the licences, numbered 2 to 7 within Appendix 1 to the report, be granted extensions for a period of 18 months from the dates of expiry of the current licences, and (2) that the licences, numbered 8 to 72 within Appendix 1 to the report, be granted extensions for a period of 12 months from the dates of expiry of the current licences, with the exception of Taxi Operator Licence No. TO1 (North), as that licence holder should appear before the Committee to speak in respect of the renewal extension. Decided: (1) that the renewal applications, in respect of the licences numbered 2 to 7 within Appendix 1 to the report, be granted extensions for a period of 18 months from the dates of expiry of the current licences; (2) that the renewal applications, in respect of the licences numbered 8 to 72 within Appendix 1 to the report, be granted extensions for a period of 12 months from the dates of expiry of the current licences, with the exception of Taxi Operator Licence No. TO1 (North), as that licence holder should appear before the Committee to speak in respect of the renewal extension; (3) that it be noted that the vehicles referred to above will require to remain roadworthy, undergo annual inspections and have appropriate insurance in place, and that when the licences are next due for renewal, the licence holders will require to submit a renewal application, pay the application fee at that time, and will be expected to have acquired an age compliant vehicle, and (4) that it be agreed that, due to the continuing adverse financial consequences of the pandemic, that further restricted licence renewals for other operators with non age limit compliant vehicles be considered.
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ENVIRONMENT AND CLIMATE CHANGE - 8 FEBRUARY 2023 70 8 February 2023 at 2 pm. A Meeting of the ENVIRONMENT AND CLIMATE CHANGE COMMITTEE PRESENT Councillor Loughran, Convener; Councillor McPhilemy, Vice-Convener; Councillors Carragher, Crichton, Di Mascio, Duffy, Goldie, Leckie, Linden, Masterton, McBride, M. McCulloch, McKay, Mitchell, Nolan, Reddin, Roarty, Smith, A. Stubbs, Thomas, Williams and Wilson. CHAIR Councillor Loughran (Convener) presided. IN ATTENDANCE Chief Officer (Community Operations); Chief Officer (Place); Chief Officer (Assets and Procurement); Greenspace and Country Parks Manager; Transportation Manager; Service Delivery Manager and Democratic Services Manager. APOLOGIES Councillors McDade and Woods. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. There were no declarations of interest. The Convener used her discretion to vary the order of business as hereinafter minuted. STRATEGIC PERFORMANCE FRAMEWORK – PUBLIC SECTOR DUTIES CLIMATE CHANGE REPORT 2021/22 2. There was submitted a report by the Chief Officer (Assets and Procurement) (1) summarising the content of the Public Sector report on compliance with Climate Change Duties, submitted on behalf of the Council in November 2022 for 2021/22; (2) informing the Committee that the Council is required to complete an annual submission to demonstrate that, as a public body, it is contributing to the nationally set climate change targets as well as adhering to its other responsibilities in terms of both adaptation and sustainability; (3) providing an overview of progress during the year; (4) outlining and highlighting activity and actions contained within the Climate Plan Action Plan Update, which was attached as an Appendix to the report, with these actions contributing to reducing North Lanarkshire’s emissions as well as encouraging more sustainable practices within the area; (5) detailing the number of next steps such as development of the local heat and energy efficiency strategy and delivery plan which will influence the long term strategy and ongoing commitment to Net Zero Greenhouse Gas Emissions with a finalised version of this plan to be brought before Committee by the end of the year, and (6) attaching, as Appendices to the report, further information in respect of organisational targets, emissions and the Climate Plan Action Plan update.
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ENVIRONMENT AND CLIMATE CHANGE - 8 FEBRUARY 2023 71 Decided: (1) that the review of the performance overview presented within the report, and accompanying Appendices, be noted, and (2) that the good progress made to deliver direct and indirect climate actions, in order to reduce the overall emissions of North Lanarkshire, be acknowledged. UPDATE PAPER – ACTIONS TAKEN RELEVANT TO RODENT COMPLAINTS 3. There was submitted a report by the Chief Officer (Community Operations) (1) explaining to the Committee that, following a motion to Council in August 2020, it had been agreed to record and analyse all reportings of rat sightings made to the Council and to report the data to the relevant Council Committee at regular intervals to help measure the scale and impact of the issue of rodent complaints and to inform the Council’s approach moving forward; (2) reiterating that, when the revenue budget had been set for the 2021/22 financial year, an additional £150,000 had been awarded to Protective Services to treat defined priority areas that experienced high levels of rat infestations in order to address local concerns; (3) advising that, as part of the Recover NL funding provided to services over financial year 2022/23, it had been agreed that there would be a continuation of a free rodent control service delivered by the Council’s Protective Services Division; (4) providing a further update on the steps that continue to be taken in respect of the action plan which had been devised in order to direct the Council’s resources to the areas of most significant concern, co-ordinating response to the best effect and delivering improvement works, and (5) reminding the Committee that the previous update report had been submitted to the former Environment and Place Committee in August 2022. Thereon, the Chief Officer (Community Operations) highlighted that, although the report indicated that this would be the final report regarding rodent complaints, he would bring back a further report in six months time. Decided: that the actions that have been and will continue to be, undertaken to address identified problem areas be supported. POW25 – COUNTRY PARKS FOR THE FUTURE – STRATHCLYDE COUNTRY PARK GREEN GROWTH ACCELERATOR 4. There was submitted a report by the Chief Officer (Community Operations) (1) providing an update on the conclusion of the Green Growth Accelerator (GGA) pathfinder project to develop a proposal to extend and upgrade the current Water Sports Centre at Strathclyde Country Park, including renewable energy generation solutions; (2) outlining next steps for project delivery and highlighting a number of key areas requiring further decision; (3) informing that the GGA pathfinder grant had paid for over 75% of the cost of developing plans through to RIBA Stage 2; (4) intimating that the estimated cost of the project was currently £15m and that the Scottish Government had advised that it would award a Green Growth Accelerator Funding Agreement of £10m in revenue payments over ten years subject to the project delivering successfully, and (5) explaining that the remaining funding would come from the Country Parks for the Future capital allocation, Place Based Investment programme and Shared Prosperity. Decided: (1) that the successful outcome of the GGA pathfinder process be recognised, and (2) that further work to develop and deliver a fully funded project be supported.
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ENVIRONMENT AND CLIMATE CHANGE - 8 FEBRUARY 2023 72 NORTH LANARKSHIRE BIODIVERSITY ACTION PLAN 2023-2027 5. There was submitted a report by the Chief Officer (Community Operations) (1) presenting the current context and an update on the North Lanarkshire Biodiversity Action Plan which will assist in fulfilling the Council's commitment to tackling the twin crisis of biodiversity loss and climate change; (2) setting out the emerging national and international approach to tackling biodiversity loss and considering how conserving and enhancing North Lanarkshire's local biodiversity can contribute to those wider targets and commitments, and (3) attaching, as an Appendix to the report, the North Lanarkshire Biodiversity Action Plan 2023-2027. Decided: (1) that the significance of the Local Biodiversity Action Plan to deliver future targets to contribute to tackling the twin crises of biodiversity loss and climate change be recognised and that the progress shown so far be endorsed, and (2) that the updated North Lanarkshire Biodiversity Action Plan be approved. POWER RESILIENCE STRATEGY 6. There was submitted a report by the Chief Officer (Community Operations) (1) informing the Committee that a Black Start event is the name for the recovery process following a complete or partial shutdown of the UK's electricity system where the planning assumption is that full power restoration could take up to seven days; (2) indicating that the timeframe to a full power cut could be less than two minutes thereby meaning that there would be no preparation time in advance; (3) explaining that the planning arrangements for such a recovery process are described under the term "power resilience" and within the last UK Government's National Risk Assessment, Black Start is rated as a medium likelihood with significant impacts; (4) intimating that, although the Council has well documented and comprehensive business continuity planning measures in place, all of these are based on the assumption that there will be a national power supply available and, as a consequence, the Scottish Government has requested that, in addition to normal business continuity arrangements, all public bodies should also have a stand alone Power Resilience Strategy which would be enacted in the event of any failure of the national grid system; (5) attaching, as Appendices to the report, the proposed Power Resilience Strategy and details of all public assistance areas in North Lanarkshire, and (6) providing further details on the contents of the Strategy. Decided: that the implementation of the Power Resilience Strategy for the Council be supported. REMEMBERING TOGETHER - COVID MEMORIAL 7. There was submitted a report by the Chief Officer (Community Operations) (1) providing an update on progress so far with the community co-creation process to create a Covid memorial in North Lanarkshire through the Scotland wide Remembering Together Programme; (2) outlining the next steps which will take the project through from consultation in 2022 to design and installation in 2023; (3) reminding the Committee that in 2021 a national memorial project had begun in Glasgow and that this highlighted that there was a desire for other kinds of memorial that communities can co-create and that many people need this space and project to process their experience of Covid and, accordingly, the Scottish Government announced that it would fund the Remembering Together programme of co-created community memorial projects in each local authority with Greenspace Scotland co-ordinating the programme nationally; (4) providing details of the process that had been undertaken to identify artists who have a strong track record of working with community groups, including those who are harder to reach; (5) advising that workshops had been arranged with different community groups, which were completed in early December 2022, and that the artists would now work with the Council's Art Park Panel to consider how the community co-creation outputs can be
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ENVIRONMENT AND CLIMATE CHANGE - 8 FEBRUARY 2023 73 converted into a series of feasible options for different permanent pieces in Strathclyde Country Park, with the intention that the options would then be displayed for communities to see and respond to in Spring 2023; (6) confirming that, thereafter, a design would be chosen around the start of the 2023/24 financial year and would go into production around June 2023, with the intention that the memorial would be in place in the park by the end of the year; (7) advising that the cost of running the community co-creation workshops was £15,000, which had been funded by Greenspace Scotland, with the next steps of Remembering Together being resourced through the £100,000 grant to the Council from Scottish Government through Greenspace Scotland, and (8) advising that, although the memorial was to be located within Strathclyde Country Park, should any local community group consider that a more localised active remembrance was required, the Council's Community Partnership Team would support that organisation to determine if external grant funding could be accessed to assist in the delivery of this. Decided: (1) that the progress on developing a Covid memorial co-created with communities be recognised, and (2) that the proposals outlined in the report to take the programme through to completion be endorsed. MEADOWHEAD ROAD ACTIVE TRAVEL AND ROAD SAFETY IMPROVEMENTS CONSULTATION 8. There was submitted a report by the Chief Officer (Place) seeking approval for the implementation of the active travel and road safety improvements proposed for Meadowhead Road, Wishaw. Decided: that the proposed active travel and road safety improvements for Meadowhead Road, Wishaw be approved. TRAFFIC REGULATION ORDERS, ROAD HUBS AND TRAFFIC CALMING DELEGATED POWERS 9. There was submitted a report by the Chief Officer (Place) seeking agreement to proposals to revise the Scheme of Delegation to Officers in relation to the promotion of Traffic Regulation Orders, Traffic Calming and Road Hub Schemes in order to progress delivery of schemes more timeously and to minimise the risk of losing external funding. Decided: (1) that authority be delegated to the Chief Officer (Legal and Democratic), in consultation with the Chief Officer (Place), to approve Traffic Regulation Orders under the terms of the Road Traffic Regulation Act 1984, subject to the exclusions below:- (a) any proposal where the number of objections outnumber those in support by six or more, and (b) any proposal which is referred to the Reporter as set out in Regulation 8 of the Local Authorities’ Traffic Orders (Procedure) (Scotland) Regulations 1999, and (2) that the Scheme of Delegation to Officers be amended to provide authority to the Chief Officer (Place) to implement traffic calming and road hub schemes under the terms of the Roads (Scotland) Act 1984 subject to the exclusion below:- (a) any proposal where the number of objections outnumber those in support by six or more. C
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ENVIRONMENT AND CLIMATE CHANGE - 8 FEBRUARY 2023 74 PRIORITISATION OF ROAD SAFETY IMPROVEMENTS 10. There was submitted a report by the Chief Officer (Place) (1) seeking approval for implementation of a revised policy for prioritising traffic calming and pedestrian crossing requests; (2) informing the Committee that the Council frequently receives requests for a wide range of road safety improvements and that these can typically exceed 200 per annum, predominantly for traffic calming measures or pedestrian crossings, and that it was not possible for the Council to action all requests within available budgets; (3) advising that, in May 2011, the former Planning and Transportation Committee had approved the traffic calming priority list, which included sites with more than five injury accidents over a three year period, however, in the time since the traffic calming priority list had been established, many attributing factors and considerations had changed and that basing the need for road safety improvements on a threshold of five injury accidents over a three year period has its limitations; (4) confirming that, at present, the Council does not have an approved policy for prioritisation pedestrian crossing requests and that for many years the industry standard process to determine the need for pedestrian crossing has been based on the degree of conflict between pedestrians and vehicles known as the PV2 assessment, and that surveys are undertaken to identify the four peak hours with the greatest conflict between pedestrians and vehicles; (5) proposing a new staged assessment and prioritisation methodology which would apply to both traffic calming and pedestrian crossing requests and that thresholds would be applied at each stage to determine whether a request proceeds to the next stage of investigation; (6) confirming that, upon completion of the assessment process, any site meeting the relevant total threshold value would be ranked and prioritised for undertaking feasibility appraisals and, where appropriate, detailed design work; (7) clarifying that triggering the required thresholds would not guarantee that a site progresses to a feasibility assessment and detailed design as the number of sites targeted each year will be dependant on the available budgets, with those locations that are not taken forward to the implementation stage to be retained on a priority list which will be updated each March to determine which schemes are taken forward for implementation during the forthcoming financial year; (8) advising that each year there would be a review of Police Scotland’s accident data across the entire North Lanarkshire road network to allow the Council to identify accident clusters and to inform its own priorities for road safety improvements, and (9) attaching, as Appendices to the report, the proposed scoring matrix and the assessment methodology flow chart. During consideration of this matter, there was consensus that a report reviewing the success, or otherwise, of the policy be brought back to the Committee at an appropriate time. Decided: (1) that the importance of having an updated, fair and transparent assessment process for road safety requests, to ensure the Council’s finite resources are targeted to the areas and communities with the highest risk setting, be recognised, and (2) that the policy for prioritising traffic calming and pedestrian crossing requests, as outlined in Appendices 1 and 2 of the report, be approved. AWARD OF CONTRACT FOR ROUTING AND IN-CAB SOFTWARE 11. There was submitted a report by the Chief Officer (Community Operations) informing the Committee of the award of a contract for optimised Routing and In-Cab Technology to Rubicon Technologies Germany UG for an initial period of 18 months and a value to not exceed £69,083 exclusive of VAT. Decided: that the award of the contract to Rubicon Technologies Germany UG to a maximum value of £69,083, exclusive of VAT, be acknowledged. C
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ENVIRONMENT AND CLIMATE CHANGE - 8 FEBRUARY 2023 75 CONTRACT AWARD FOR PROFESSIONAL AND TECHNICAL SUPPORT AROUND ENVIRONMENTAL IMPROVEMENTS AND COMMUNITY ENGAGEMENT 12. There was submitted a report by the Chief Officer (Community Operations) informing the Committee of his actions towards a negotiated tender for professional and technical support around environmental improvements and community engagement to Keep Scotland Beautiful for an initial period of 18 months, which commenced in November 2022 and for which the Council reserves the right to extend the contract for additional periods up to a maximum of a further 12 months, with the maximum value of the contract not to exceed £80,000 exclusive of VAT. Decided: that the actions of the Chief Officer (Community Operations) towards a negotiated tender to Keep Scotland Beautiful be acknowledged. CONTRACT AWARD FOR PEST CONTROL SERVICES – DOMESTIC AND CORPORATE PREMISES – NLC–CPT–22-035 13. There was submitted a report by the Chief Officer (Community Operations) seeking approval for the award of a contract for pest control services – Domestic and Corporate Premises NLC–CPT–2022- 035 to GP Environmental Limited for an initial period of 36 months, with an anticipated commencement date of 3 April 2023, and with the Council reserving the right to extend the contract for additional periods up to a maximum of a further 24 months to a maximum value of the contract to not exceed £2m exclusive of VAT. Decided: that the award of the contract to GP Environmental Limited, to a maximum value of £2m exclusive of VAT, be approved. CONTRACTS AWARDED BELOW COMMITTEE APPROVAL THRESHOLD 14. There was submitted a report by the Chief Officer (Assets and Procurement) notifying the Committee of contracts awarded between 1 October and 31 December 2022 with a value below the financial threshold requiring Committee approval. Decided: that the contracts awarded below Committee Approval Threshold between 1 October to 31 December 2022, as per the process within the Council’s General Contract Standing Orders, be noted.
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HOUSING - 15 FEBRUARY 2023 76 15 February 2023 at 10 am. A Meeting of the HOUSING COMMITTEE PRESENT Councillor Brannan-McVey, Convener; Councillor McPake, Vice-Convener; Councillors Brennan, Burgess, Carragher, M. Coyle, Di Mascio, Dunbar, Fisher, Fotheringham, Hughes, D. Johnston, Keltie, Leckie, Lennon, MacGregor, McBride, B. McCulloch, M. McCulloch, McDade, McKay, McManus, McNally, McPhilemy, Mitchell, Nolan, Patton, Reddin, Robinson, Smith, A. Stubbs, Sullivan, Toner and Woods. ALSO PRESENT In accordance with Standing Order 64(A) Councillors Barclay, Boyd, Roarty, Stevenson and Thomas attended as substitutes for Councillors McCluskey, McVey, Jones, Logue and Crichton respectively. CHAIR Councillor Brannan-McVey (Convener) presided. IN ATTENDANCE Chief Officer (Housing Property Services); Chief Officer (Housing Management); Chief Officer (Place); Business Finance Manager (Resource Solutions); Communications Officer, and Democratic Services Manager. APOLOGIES Councillors Crichton, Jones , Logue, McCluskey, McKendrick and McVey. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor M. Coyle, by virtue of being a Board Member of Mears LLP, declared a connection amounting to a declarable interest in respect of paragraph 2 – Mears LLP: Operational and Financial Performance Monitoring Report; paragraph 16 – Housing and Property Services – Corporate Maintenance – Measured Term Contract Update, Non-Housing Properties, and paragraph 17 – Housing and Corporate Property Repairs and Maintenance Contracts – Update, and left the meeting during consideration of these items. Councillor McPake, by virtue of being a Board Member of Scotland Excel, declared a connection in respect of paragraph 7 – New Housing Supply Programme – Procurement Report, and paragraph 15 – Provision of Domestic Flooring 2023 to 2027, and further declared that he considered the interest so sufficiently remote that it did not preclude his participation in these items. Councillor Brennan, by virtue of receiving assistance from the Planning Service regarding Future New Build Sites, declared a connection in respect of paragraph 8 – Future New Build Sites, and further declared that he considered the interest so sufficiently remote that it did not preclude his participation in that item. Councillor Leckie, by virtue of previously being a member of Torbothie and Shotts Housing when it had objected to the new build properties at Springhill Road, Shotts, declared a connection amounting to a declarable interest in respect of item 8 – Future New Build Sites, and left the meeting during consideration of the item.
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HOUSING - 15 FEBRUARY 2023 77 Councillor Nolan, by virtue of expressing a view which was on public record regarding the volume of traffic at the junction of Dalzell Drive and surrounding roads, declared a connection amounting to a declarable interest in respect of item 8 – Future New Build Sites, and left the meeting during consideration of the item. Councillor M. Coyle, prior to consideration of the following item of business, having declared a connection by virtue of being a Board Member of Mears LLP, left the meeting during consideration of this item. MEARS LLP: OPERATIONAL AND FINANCIAL PERFORMANCE MONITORING REPORT TO 30 NOVEMBER 2022 2. With reference to paragraph 2 of the Minute of the meeting of this Committee held on 31 August 2022, there was submitted a report by the Chief Officer (Housing Property Services) (1) outlining Mears LLP's (a) operational and financial performance against its business objectives, Council priorities and the Housing and Corporate Repairs and Maintenance Service Delivery contracts; (b) performance for the financial years 2022/23 for both housing repairs and corporate repairs for the period up to 30 November 2022, and (c) financial performance as at 30 September 2022, along with assurance by Finance of its financial standing; (2) highlighting within the report, and the attached Appendices, details of the Performance Indicators for Housing, Property and Projects, and Corporate Property Projects and Performance, together with a comparison of figures from the previous financial year; (3) advising that the customer satisfaction level was 94.27% year-to-date, with the 2021/22 Scottish average being 88.0%, and (4) intimating that performance against targets was submitted to the Audit and Scrutiny Panel on a six monthly basis. Decided: (1) that the operational performance of Mears LLP for Housing Repairs and Corporate Repairs from the period for 1 April to 30 November 2022 be noted; (2) that Mears LLP's financial performance and financial standing for 2022/23 be noted, and (3) that it be noted that a report confirming that the Governance and Risk Management arrangements were suitably robust will be submitted to the Audit and Scrutiny Panel on a six monthly basis. SALTIRE PERFORMANCE REPORT 3. With reference to paragraph 3 of the Minute of the meeting of this Committee held on 31 August 2022, there was submitted a report by the Chief Officer (Housing Property Services) (1) setting out the performance of the Housing Property Central Heating Repairs and Maintenance service delivery contracts for 2022/23; (2) advising (a) of the performance against the Key Performance Indicators (KPIs) for 2022/23 in relation to the Heating Repairs and Maintenance, as set out within Appendix 1 to the report, with Appendix 2 to the report containing the full KPIs set for 2021/22 for comparative purposes, and (b) that Appendix 3 to the report contained the full breakdown of emergency and non-emergency repairs carried out; (3) highlighting the Housing Property and Projects’ performance and developments in Section 2 of the report, and (4) providing details of the Stage 1 and 2 complaints received in 2022/23, together with the number of complaints received in 2021/22 for comparative purposes. Decided: that the report be noted.
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HOUSING - 15 FEBRUARY 2023 78 LOCAL HOUSING STRATEGY 2021-2026 ANNUAL PROGRESS REPORT 4. With reference to paragraph 10 of the Minute of the meeting of the former Housing and Regeneration Committee held on 24 November 2021, when, inter alia, the Local Housing Strategy 2021-2026 was approved, there was submitted a report by the Chief Officer (Housing Management) (1) advising of progress made in delivering the strategic priorities and actions set out in the Local Housing Strategy 2021-2026, and (2) intimating that this was the first annual progress review. Thereon, the Chief Officer (Housing Management) provided an overview of the actions set out in delivering the Local Housing Strategy 2021-2026. Following discussion, it was agreed that a further report be submitted to a future meeting of the Committee providing statistics relating to downsizing, to include details of how many tenants had taken up the offer, how many had been refused, and also a breakdown by locality area. Decided: (1) that the progress made to date in delivering the actions, set out in the Local Housing Strategy 2021-2026, be noted, and (2) that a further report be submitted to a future meeting of the Committee providing statistics relating to downsizing, to include details of how many tenants had taken up the offer, how many had been refused, and a breakdown by locality area. RENT ASSISTANCE FUND 5. There was submitted a report by the Chief Officer (Housing Management) (1) seeking approval to establish a new fund to assist tenants who were falling into rent arrears due to the impact of the cost- of-living crisis; (2) outlining the background to, and the need for, a Rent Assistance Fund, and (3) proposing (a) that a Rent Assistance Fund be established; (b) that the Universal Credit Assistance Fund remain in its current form and be part of the overall new Rent Assistance Fund, with the criteria remaining unchanged, and with the fund continuing to be administered in the same way; (c) that a new fund be established within the Rent Assistance Fund to assist tenants with no benefit entitlement and who were experiencing rent arrears and financial hardship, and (d) that the Rent Relief Fund be reassigned to the Rent Assistance Fund. Decided: (1) that a Rent Assistance Fund be established to assist Council tenants on low incomes and those on Universal Credit to sustain tenancies; (2) that the Universal Credit Assistance Fund be included within the newly established Rent Assistance Fund; (3) that the current Rent Relief Fund be reassigned to the Rent Assistance Fund, and (4) that the report be otherwise noted. UPDATE ON OPEN MARKET PURCHASE SCHEME - PROGRAMME OF WORK PO13(2) 6. With reference to paragraph 11 of the Minute of the meeting of this Committee held on 31 August 2022 when, inter alia, approval had been given (1) to the targeted expansion of the Open Market Purchase Scheme (OMPS) to help prevent homelessness and enable private tenants to remain within their homes as Council tenants, and (2) that a six monthly update report be submitted to future meetings of the Committee, which would include options for the further expansion of the Scheme, there was
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HOUSING - 15 FEBRUARY 2023 79 submitted a report by the Chief Officer (Place) (a) advising that the OMPS had been very popular, with over 2,545 enquiries/applications; (b) indicating that, in 2022/2023, 44 properties had been purchased as at 6 January 2023, with a further 31 at conveyancing stage; (c) detailing, within the report, the locations of the properties purchased, together with the apartment size by area, and (d) intimating that five owners had sold their properties to the Council and that a Compulsory Purchase Order was being progressed for the remaining property within the first phase of the reprovisioning programme. Decided: (1) that the continued success of the Open Market Purchase Scheme, to help increase housing supply and improve stock conditions, be noted; (2) that a six monthly update report be submitted to a future meeting of the Committee, and (3) that the report be otherwise noted. Councillor McPake, prior to consideration of the following item of business, having declared a connection by virtue of being a Board Member of Scotland Excel, further declared that he considered that the interest was so sufficiently remote that it did not preclude his participation in consideration of the matter. NEW HOUSING SUPPLY PROGRAMME – PROCUREMENT REPORT 7. With reference to paragraphs 8 and 10 of the Minutes of the former Housing and Regeneration Committee held on 24 November 2021 and 16 February 2022 respectively, there was submitted a report by the Chief Officer (Place) (1) providing an update on the current procurement activity relating to the New Build Programme; (2) advising that, in line with the Scotland Excel New Build Residential Framework, the contract for the construction of new build housing at Brandon Street, Motherwell, up to 48 units and up to the revised value of £11.527m, including a contingency allowance, had been awarded to CCG (Scotland) Limited, and (3) intimating (a) that the feasibility costs obtained for the projects at King Street, Wishaw; Graham Street, Wishaw, and Laburnum Road, Viewpark were not considered to represent best value, and a value engineering exercise was currently underway, and (b) if it was not possible to agree a final tender price to allow the contract award to proceed, the procurement route be changed to a mini-competition via the Scotland Procurement Alliance (SPA) H2 Framework. Decided: (1) that the award of a call off contract in line with the Scotland Excel New Build Residential Framework for the construction of new build housing at Brandon Street, Motherwell to CCG (Scotland) Limited, up to the revised value of £11.527m, including contingency allowance, be noted; (2) that approval be given that, if best value could not be achieved through the current direct award procurement process, the procurement route be changed to a mini-competition via the Scotland Procurement Alliance (SPA) H2 Framework for the projects at King Street, Wishaw; Graham Street, Wishaw, and Laburnum Road, Viewpark, and (3) that the report be otherwise noted. Councillor Brennan, prior to consideration of the following item of business, having declared a connection by virtue of receiving assistance from the Planning Service regarding future new build sites, further declared that he considered the interest so sufficiently remote that it did not preclude his participation in this item.
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HOUSING - 15 FEBRUARY 2023 80 Councillor Leckie, prior to consideration of the following item of business, having declared a connection by virtue of previously being a member of Torbothie and Shotts Housing which had objected to the new build properties at Springhill Road, Shotts, left the meeting during consideration of this item. Councillor Nolan, prior to consideration of the following item of business, having declared a connection by virtue of expressing a view which was on public record, regarding the volume of traffic at the junction of Dalzell Drive and surrounding roads, left the meeting during consideration of this item. FUTURE NEW BUILD SITES 8. With reference to paragraph 13 of the Minute of the meeting of this Committee held on 31 August 2022, there was submitted a report by the Chief Officer (Place) (1) reminding the Committee that the new supply programme aimed to deliver 5,000 new homes by 2035; (2) informing that, to date, 970 new build houses had been completed, with a further 421 homes under construction; (3) proposing (a) that the sites at Dalzell Drive, Motherwell (former Taggarts car sales, Windmillhill Street) – approximately 24 units, subject to the Council concluding purchase of the site, and the former Thornlie Church Hall site at Caledonian Road, Wishaw – approximately 6 units, be included in the New Build Programme, and (b) that the purchase of "off-the-shelf" new homes be progressed for 23 new homes, (4 x 2 apartment/2 person cottage flat, 4 x 3 apartment/4 person cottage flat, 10 x 3 apartment/4 person terraced house, 5 x 4 apartment/6 person terraced house) at Prospecthill Road, Ravenscraig from O'Brien Properties Limited; six new homes (6 x 4 bed/5 person terraced houses, previously agreed at the Finance and Resources Committee on 30 November 2022) plus the potential purchase of up to eight more homes at Torrance Park, Newarthill from Barratt Homes, and approximately 22 new houses over several phases at Springhill Road, Shotts from Keepmoat; (4) advising that the acquisition price would be subject to agreement by the Finance and Resources Committee; (5) informing that the project at the former Thornlie Church Hall site, Caledonian Road, Wishaw, which was a priority town centre site, would support delivery of the Town Visions as part of the Council's commitment to Town Centre Regeneration, was at an early stage of design development/feasibility, and (6) indicating that a consultation had been undertaken with local Elected Members and the North Lanarkshire Tenants and Residents Association, and that no objections had been received. Decided: (1) that the inclusion of the sites, as set out in Section 2.1 and Appendix 2 to the report, within the new build programme be approved; (2) that the "off-the-shelf" purchase of completed homes at Prospecthill Road, Ravenscraig; Torrance Park, Newarthill, and Springhill Road, Shotts, as set out in Section 2.3 and Appendix 2 of the report, be approved, and (3) that the report be otherwise noted. FORMER TENANT ARREARS WRITE-OFF TO 31 MARCH 2021 9. There was submitted a report by the Chief Officer (Housing Management) (1) proposing that the sum of £2,610,389.37, being the current balance outstanding in respect of former tenant rent arrears prior to 31 March 2021 considered to be irrecoverable, be written-off; (2) intimating (a) that, in accordance with financial guidelines, a provision for expected credit losses had previously been established for the outstanding accounts highlighted within the report, and (b) that the debt written-off related to former tenancies where the tenancy end date was prior to 31 March 2021, and (3) advising that efforts would continue to secure payment of outstanding rent balances from former tenants.
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HOUSING - 15 FEBRUARY 2023 81 Decided: (1) that approval be given for the write-off of former tenant arrears totalling £2,610,389.37 for the period up to 31 March 2021; (2) that the report be remitted to the Finance and Resources Committee for consideration, and (3) that the report be otherwise noted. HOUSING REVENUE ACCOUNT - 2023/24 REVENUE ESTIMATES 10. With reference to paragraph 3 of the Minute of the meeting of North Lanarkshire Council held on 16 December 2021 when, inter alia, approval had been given to implement the Housing Revenue Account Budget for 2022/2023, there was submitted a report by the Chief Officer (Finance) providing information that would enable the Council to set its Housing Revenue Accounts (HRA) budget for 2023/2024 (1) advising (a) that the Council's 30 year Business Plan, which had been included as part of the 2023/2024 budget setting process was attached as Appendix 3 to the report, and that Finance, was working closely with Housing Property and Projects, and the New Supply Team, to confirm future investment targets to support the development and refinement of financial modelling, and (b) that the 30 year Business Plan continued to demonstrate affordability and sustainability of plans based on current assumptions; (2) indicating that 23,400 Council tenants in North Lanarkshire (67%) were in receipt of support for their housing costs, with almost 34% of tenants now in receipt of the housing cost element of Universal Credit and a further 33% in receipt of housing benefit; (3) detailing within the report, and the Appendices to the report, information regarding the HRA Revenue Estimates, Cost Pressures, and Base Budget Savings, and (4) advising (a) that, as part of its long-term HRA budget strategy, the Council's policy was to set aside a core reserve of £1.470m, which represented approximately 1% of the HRA budget, and (b) that, in addition, the HRA reserve balances included a Change Management/Risks and Uncertainty reserve of £5.155m and a reserve balance to support Ambition related activity of £5.054m, excluding the surplus currently projected for 2022/2023 of £1.000m. Decided: (1) that the HRA cost pressures detailed within Appendix 1 to the report be noted; (2) that the base budget savings outlined in Appendix 2 to the report be noted; (3) that the allocation of HRA surplus balances as detailed in paragraphs 2.3, 2.4 and 2.5 of the report be approved; (4) that the financial assumptions contained within the report be reviewed at the Special Council meeting on 23 February 2023 to allow the HRA Revenue Estimates and rent levels for 2023/2024 to be approved, and (5) that the report be otherwise noted. REVENUE BUDGET MONITORING REPORTS (1) HRA REVENUE MONITORING REPORT 11. There was submitted a report by the Chief Officer (Housing Management) (1) providing a summary of the Housing Revenue Account Financial Performance for the period from 1 April 2022 to 6 January 2023 (Period 10); (2) illustrating the projected outturn as at 31 March 2023, with major outturn variances highlighted and explained in accordance with the Council’s approved Financial Regulations, and (3) advising (a) that the Service was currently projecting an underspend of £1.069m for the
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HOUSING - 15 FEBRUARY 2023 82 financial year, and (b) that it was anticipated that £1.849m of savings (100%) would be delivered by the financial year-end. Decided: that the financial position of the HRA Revenue Budget 2022/23 be noted. (2) ENTERPRISE AND COMMUNITIES – REVENUE MONITORING REPORT 12. There was submitted a report by the Depute Chief Executive (1) highlighting the Financial Performance of the Enterprise and Communities Service for the period from 1 April 2022 to 6 January 2023 (Period 10); (2) illustrating the projected outturn as at 31 March 2023, with major outturn variances highlighted and explained as per the Council’s approved Financial Regulations; (3) advising that the Enterprise and Communities Service was currently forecasting an overspend of £3.342m, as a result of (a) inflationary pressures of £2.625m, which would be offset by a corporate contingency, and (b) the re-allocation of DigitalNL savings to Services of £0.783m, and that the Service continued to work with Business and Digital to progress plans for delivery of savings, and (4) intimating that Period 10 figures excluded the impact of the agreed 2022/2023 pay award which would be reported corporately. Decided: that the financial position of the 2022/2023 Enterprise and Communities Revenue Budget be noted. CAPITAL PROGRAMMES MONITORING REPORTS (1) HRA CAPITAL MONITORING REPORT – 1 APRIL 2022 TO 6 JANUARY 2023 13. There was submitted a report by the Chief Officer (Housing Property Services) (1) reviewing progress towards agreed spending plans within the 2022/2023 HRA Capital Programmes; (2) advising that an overspend of £1.233m was projected for the Mainstream programme due to increased material costs, approved contractor uplifts and the acceleration of some programmes, including energy efficiency specific works, to offset contractual risks elsewhere in the programme and to support tenants, due to increasing energy costs, by improving the thermal efficiency of their homes; (3) intimating that the New Build Programme was projecting an overspend of £2.941m, mainly due to the early availability and purchase of land, and off-the-shelve developments not anticipated in this financial year, with this overspend being partially offset by additional Scottish Government Grant, and (4) indicating that, due to a lack of demand within the Council Buy Back, and Mortgage to Rent, Schemes, an underspend of £2.589m was projected. Decided: that the financial position of the 2022/2023 HRA Capital Programmes be noted. (2) ENTERPRISE AND COMMUNITIES – CAPITAL MONITORING REPORT 14. With reference to paragraph 4 of the Minute of the meeting of the Policy and Strategy Committee held on 18 March 2021, when, inter alia, the five year Strategic Capital Investment Programme had been approved, there was submitted a report by the Depute Chief Executive (1) highlighting the financial performance of the 2022/2023 Enterprise and Communities Capital Programme for the period from 1 April 2022 to 6 January 2023 (Period 10); (2) advising that the Service had a total Capital Budget of £159.192m, and that, at this stage in the financial year, the Service was currently reporting a requirement to reprofile £23.053m to future years of the current capital planning period; (3) indicating (a) that the Council’s Strategic Capital Delivery Group had approved the reprofiling requests under delegated powers, and the impact would be reflected in future reports, as highlighted within Appendix B to the report, and (b) that the requirement to reprofile was largely attributable to current market conditions on capital procurement processes, resulting in later than anticipated start dates for projects, and the availability of labour and materials, and (4) providing further explanation of project variances and the action taken by the Service, as set out in the report and the attached Appendices.
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HOUSING - 15 FEBRUARY 2023 83 Decided: that the financial position of the 2022/2023 Enterprise and Communities Capital Programme be noted. Councillor McPake, prior to consideration of the following item of business, having declared a connection by virtue of being a Board Member of Scotland Excel, further declared that he considered that the matter was so sufficiently remote that it did not preclude his participation in consideration of the matter. CONTRACTS FOR APPROVAL (1) PROVISION OF DOMESTIC FLOORING 2023 TO 2027 15. There was submitted a report by the Chief Officer (Housing Management) (1) reporting on the outcome of the tendering process for provision of Domestic Flooring 2023 – 2027; (2) advising that, after checking, the most economically advantageous tender was that submitted by Spruce Carpets Limited, and (3) proposing that the tender submitted by Spruce Carpets Limited be accepted, for a period of 48 months, up to the maximum value of the contract of £800,000. Decided: (1) that the Domestic Flooring 2023-2027 contract be awarded to Spruce Carpets Limited, for a period of 48 months, up to the maximum value of the contract of £800,000, and (2) that the report be otherwise noted. (2) REPLACEMENT OF WINDOWS AND DOORS (2023-2025) 16. There was submitted a report by the Chief Officer (Housing Property Services) (1) reporting on the outcome of the tendering process for the Replacement of Windows and Doors (2023-2025) which was split into two Lots; (2) advising that the most economically advantageous tender received for Lot 1 was Walker Profiles Limited, and for Lot 2 was Belac Group Limited, and (3) proposing that the tender submitted for Lot 1 by Walker Profiles Limited, and for Lot 2 by Belac Group Limited, be accepted for an initial period of nine months, with the option to extend the contract for additional periods up to a maximum of a further 12 months, at the sole discretion of the Council, up to the maximum value of the contract of £15m, comprising £10m for Lot 1, and £5m for Lot 2. Decided: (1) that the contract for Replacement of Windows and Doors (2023-2025) for Lot 1 be awarded to Walker Profiles Limited, and for Lot 2 be awarded to Belac Group Limited, for an initial period of nine months, with an option to extend the contract for additional periods up to a maximum of a further 12 months, at the sole discretion of the Council, up to the maximum value of the contract of £15m, comprising £10m for Lot 1, and £5m for Lot 2, and (2) that the report be otherwise noted. (3) MEASURED TERM CONTRACT FOR BATTERY STORAGE AND PV PANELS (2023-2026) 17. There was submitted a report by the Chief Officer (Housing Property Services) (1) reporting on the outcome of the tendering process for the Measured Term Contract for Battery Storage and PV Panels (2023-2026); (2) advising, after checking, that the most economically advantageous tender was that submitted by Saltire Facilities Management Limited, and (3) proposing that the tender submitted by
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HOUSING - 15 FEBRUARY 2023 84 Saltire Facilities Management Limited be accepted for an initial period of ten months, with an option to extend the contract for additional periods up to a maximum of a further 24 months (8 x 3 months optional extension periods) at the sole discretion of the Council, up to the maximum value of the contract of £9m. Decided: (1) that the Measured Term Contract for Battery Storage and PV Panels (2023-2026) be awarded to Saltire Facilities Management Limited for an initial period of ten months, with an option to extend the contract for additional periods up to a maximum of a further 24 months (8 x 3 months optional extension periods), up to the maximum value of the contract of £9m, and (2) that the report be otherwise noted. (4) GARDEN ASSISTANCE SCHEME 2023-2025 (LOT 1 – MINI-COMPETITION) 18. There was submitted a report by the Chief Officer (Housing Management) seeking homologation of the decision taken to award the Garden Assistance Scheme 2023-2025 (Lot 1) to Id Verdi for a period of 24 months up to the maximum value of the call-off contract of £1,200,000. The Convener proposed that a briefing note be submitted to all Elected Members regarding the Garden Assistance Scheme 2023-2025. Decided: (1) that a briefing note be submitted to all Elected Members regarding the Garden Assistance Scheme 2023-2025, and (2) that the report be homologated. CONTRACTS AWARDED BELOW COMMITTEE APPROVAL THRESHOLD 19. There was submitted a report by the Chief Officer (Assets and Procurement) intimating that the contracts highlighted within Appendix 1 to the report had been awarded by him in accordance with the General Contract Standing Orders during the period from 1 October to 31 December 2022. Decided: (1) that the contracts awarded by the Chief Officer (Assets and Procurement) in the reported period from 1 October to 31 December 2022 be noted, and (2) that the report be otherwise noted. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraph 9 of Part 1 of Schedule 7A of the Act. Councillor M Coyle, prior to consideration of the following item of business, having declared a connection by virtue of being a Board Member of Mears LLP, left the meeting during consideration of this item.
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HOUSING - 15 FEBRUARY 2023 85 HOUSING AND PROPERTY SERVICES - CORPORATE MAINTENANCE MEASURED TERM CONTRACTS UPDATE, NON-HOUSING PROPERTIES 20. With reference to paragraph 8 of the Minute of the meeting of the Policy and Strategy Committee held on 3 December 2020, there was submitted a report by the Chief Officer (Housing Property Services) (1) setting out the current position on a number of Measured Term Contracts utilised by Housing and Property Services in relation to the Council's non-housing property portfolio; (2) intimating the current spend levels on contracts that had expired or were about to expire, and (3) advising that interim measures were being put in place prior to the contracts being re-tendered, in respect of swimming pool plant and maintenance; fire alarm maintenance; ETFE roofing, and temporary heating. Decided: (1) that the interim arrangements being put in place to manage the contracts be approved; (2) that the financial position of the various contracts be noted; (3) that the proposals to retender the contracts be noted, and (4) that the report be otherwise noted. Councillor M Coyle, prior to consideration of the following item of business, having declared a connection by virtue of being a Board Member of Mears LLP, left the meeting during consideration of this item. HOUSING AND CORPORATE PROPERTY REPAIRS AND MAINTENANCE CONTRACT - UPDATE 21. With reference to (1) paragraph 14 of the Minute of the meeting of the former Housing and Regeneration Committee held on 16 February 2022, and (2) paragraph 2 of this Committee held on 31 August 2022, there was submitted a report by the Chief Officer (Housing Property Services) advising that the Service was working within the upper limit of the Housing and Corporate Property Repairs and Maintenance Contract, and not the annual extension limit as previously agreed, due to the impact of inflation on the projections and as highlighted within the report. Decided: (1) that the decision to work within the upper limit of the Housing and Corporate Property Repairs and Maintenance contract be noted, and (2) that the report be otherwise noted.
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ENTERPRISE AND FAIR WORK - 17 FEBRUARY 2023 86 17 February 2023 at 10 am. A Meeting of the ENTERPRISE AND FAIR WORK COMMITTEE PRESENT Councillor Khan, Convener; Councillor Patton, Vice-Convener; Councillors Bustard, Crichton, Di Mascio, Docherty, Duffy, Dunbar, Hume, Leckie, Magowan, Masterton, McNally, McPake, Nolan, Robb, Robinson, Smith, Stevenson, Sullivan, Toner, Watson and Williams. CHAIR Councillor Khan (Convener) presided. IN ATTENDANCE The Chief Officer (Place); Chief Officer (Education – South); City Deal Manager; Business Manager, Employability Support and Skills Development, and Democratic Services Manager. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. There were no declarations. ECONOMIC REGENERATION DELIVERY PLAN 2023-2028 2. There was submitted a report by the Chief Officer (Place) (1) seeking approval for North Lanarkshire's refreshed Economic Regeneration Delivery Plan (ERDP) 2023-2028 and associated Annual ERDP Action Plan for 2023/24; (2) advising that the ERDP is a high level economic development framework, aligned to the Composite Capital Programme; (3) detailing that the aim of the refreshed ERDP would be to ensure that the Council continues to focus on investment and physical regeneration across four inter related themes; (4) providing a summary of each of the four inter related themes namely (a) Housing; (b) Town Centres; (c) Business and Industry, and (d) Connectivity; (5) confirming that the ERDP Action Plan for 2023/24 would be subject to annual monitoring, review and update, and (6) enclosing within the Appendices to the report the refreshed ERDP (2023-2028) and Action Plan (2023/24). Decided: (1) that the refreshed ERDP (2023-2028) and Action Plan (2023/24), as outlined within the Appendices to the report, be approved; (2) that it be noted that the approved ERDP and Action Plan would be subject to final review and consultation, and (3) that it be noted that an annual performance report detailing progress against the 2022/23 Action Plan and wider ERDP performance framework would be submitted to the next meeting of the Committee.
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ENTERPRISE AND FAIR WORK - 17 FEBRUARY 2023 87 CITY DEAL UPDATE REPORT 3. There was submitted a report by the Chief Officer (Place) (1) outlining the North Lanarkshire City Deal programme update, and (2) advising of the current status and recent progress of each of the North Lanarkshire City Deal Infrastructure sub-projects being undertaken by the Council. Decided: that the contents of the report, including the progress made in the North Lanarkshire City Deal Infrastructure sub-projects, be noted. EMPLOYABILITY UPDATE 4. There was submitted a report by the Chief Officer (Education – South) (1) advising that the Scottish Government had approved the request to extend the EU funded Employability Programme for December 2022 until June 2023; (2) informing of the measures in place to ensure the transition from EU funding to the Shared Prosperity Fund, as a key source of external funding allocated to employability, to provide continuity of the services and meets the needs of the community, and (3) providing an update on the current labour market in North Lanarkshire and the forthcoming challenges. Decided: (1) that the outcome of the request to the Scottish Government to extend the current EU funded Employability Programme from December 2022 until June 2023 be noted, and (2) that the information provided on the transition to the UK Shared Prosperity Fund and the labour market in North Lanarkshire be noted. VACANT AND DERELICT LAND FUND 5. There was submitted a report by the Chief Officer (Place) (1) advising that the Council had received funding through the Scottish Government's Vacant and Derelict Land Fund (VDLF) Programme to support remediation and re-use of long term vacant and derelict land sites; (2) reminding the Committee that the Scottish Government had approved the award of £0.656m to allow Scottish Canals to proceed with a restoration project at Craigmarloch Stables however, funding implications had determined that the project could not be taken forward; (3) stating that, following a review of alternative opportunities, the regeneration of the building would not be viable due to the delivery timescales required by the fund; (4) detailing that the Scottish Government had approved the re-allocation of budget to support enabling works for the development of new industrial units at Link Park (Plot 1), Newhouse, thereby ensuring that the funding award is safeguarded; (5) informing that a range of other potential funding sources would be sought for the regeneration of Craigmarloch Stables should a potential viable use for the buildings be identified; (6) confirming that the Council had been allocated £1.841m VDLF for 2023/24 from the Scottish Government subject to the submission and approval of a 2023/24 VDLF Local Delivery Plan (LDP), and (7) seeking approval to submit the projects being assessed for inclusion within the 2023/24 VDLF Delivery Plan. Decided: (1) that the re-allocation of Vacant and Derelict Land Fund monies from the regeneration of Craigmarloch Stables, towards enabling works for a new industrial unit at Link Park, Newhouse Industrial Estate be approved; (2) that the projects being assessed for inclusion within the 2023/24 VDLF Delivery Plan, to be submitted to the Scottish Government by the end of March 2023, be approved, and
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ENTERPRISE AND FAIR WORK - 17 FEBRUARY 2023 88 (3) that it be noted that an update on the proposals for the 2023/24 VDLF funding allocation be reported to the next meeting of the Committee. EXTERNAL FUNDING UPDATE 6. There was submitted a report by the Chief Officer (Place) (1) providing an update on significant recent external funding activity; (2) advising that the Council had been awarded £9,225,000 from the Levelling Up Fund (LUF) to support the delivery of Cumbernauld Town Vision; (3) informing that, by December 2022, the UK Community Renewal Fund Projects had been completed and work would be undertaken to administer funds and evaluate projects; (4) detailing the Council's allocation of the UK Shared Prosperity Fund, which replaces the EU Structural Funds, and intentions for its use; (5) summarising the progress made towards submitting a Final Business Case aimed at securing £10m in revenue support from the Green Growth Accelerator Programme; (6) confirming that round 10 of funding from the Regeneration Capital Grant Fund had been secured for a project with Motherwell FC Community Trust to establish "the Well Hub", and (7) outlining that bids had been submitted to both Historic Environment Scotland and the National Lottery Heritage Fund for the heritage led regeneration project in Airdrie. Decided: (1) that the award of £9,225,000 from the Levelling Up Fund to support the delivery of the Cumbernauld Town Vision be noted; (2) that the completion of UK Community Renewal Fund projects, and the work being undertaken to administer funds and evaluate projects, be noted; (3) that the confirmation of the Council's UK Shared Prosperity Fund allocation, and plans for its use, be noted; (4) that the progress made towards submitting a Final Business Case, aimed at securing £10m in revenue support from the Green Growth Accelerator Programme, be noted; (5) that the award of £215,000 from the Regeneration Capital Grant Fund to support Motherwell FC Community Trust, "the Well Hub" project, be noted, and (6) that the submission of bids to both Historic Environment Scotland and the National Lottery Heritage Fund for the heritage led regeneration in Airdrie be noted. CONTRACT AWARD FOR BRAIDHURST INDUSTRIAL ESTATE DESIGN TEAM 7. There was submitted a report by the Chief Officer (Place) (1) advising of action taken, under delegated authority, to award the contract for Braidhurst Industrial Estate Design Team to Collective Architecture Limited; (2) outlining that the contract value shall not exceed £630,000 exclusive of VAT, and (3) that the contract had commenced on 12 January 2023, for an initial period of 24 months, with the option to extend for additional periods up to a maximum of six months. Decided: that the action taken to award the contract for Braidhurst Industrial Estate Design Team to Collective Architecture Limited, to the maximum value of £630,000, exclusive of VAT, be noted.
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REGULATORY - 21 FEBRUARY 2023 89 Motherwell, 21 February 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillor McVey, Vice-Convener; Councillors Ballinger, Baudo, Beveridge, Crichton, Docherty, Dunbar, Fisher, Hughes and Robb. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Solicitor (Licensing) and Administrative Officer, Legal and Democratic Solutions. APOLOGIES Councillors Thomas and Watson. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor McLaren, by virtue of the applicant being known to him, declared an interest by virtue of a connection in respect of paragraph 4 – Private Hire Car Licence – Renewal – John Harra, and left the meeting during consideration of this item. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS (1) LATE HOURS CATERING LICENCE - NEW APPLICATION - DUNCANSFIELD SERVICE STATION. 3 GLASGOW ROAD, KILSYTH 2. There was submitted an application by Euro Garages Limited for a Late Hours Catering Licence in respect of the premises at Duncansfield Service Station, 3 Glasgow Road, Kilsyth. The Committee then heard (1) the Solicitor (Licensing) outline the background relative thereto, and (2) the applicant's agent, Niall Hassard, TLT LLP, Solicitors, who was accompanied by Elaine Watkins, Area Manager, Euro Garages Limited and Day to Day Manager of Duncansfield Service Station, speak in respect of the application. Thereafter Niall Hassard and Elaine Watkins withdrew from the meeting and the Committee resumed consideration of the matter. Niall Hassard and Elaine Watkins were then re-admitted to the meeting.
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REGULATORY - 21 FEBRUARY 2023 90 Decided: that the application by Euro Garages Limited for a Late Hours Catering Licence in respect of the premises at Duncansfield Service Station, 3 Glasgow Road, Kilsyth be granted. (2) PRIVATE HIRE CAR LICENCE - RENEWALS (a) EXPRESS CARS 3. There was submitted an application by James Gregg, per Express Cars for the renewal of the company's Private Hire Car Operator's Licence. The Solicitor (Licensing) then advised the Committee that Express Cars did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard James Gregg speak in respect of the application for the renewal of the company's Private Hire Car Operator's Licence. Thereafter, James Gregg withdrew from the meeting and the Committee resumed consideration of the matter. James Gregg was then re-admitted to the meeting. Councillor Dunbar, seconded by Councillor Ballinger, moved that the application by James Gregg, per Express Cars for the renewal of the company's Private Hire Car Operator's Licence be granted for a period of 12 months, effective from 31 August 2022. Councillor Robb, seconded by Councillor Crichton, moved, as an amendment, that the application by James Gregg, per Express Cars for the renewal of the company's Private Hire Car Operator's Licence be refused. On a vote being taken, 2 Members voted for the amendment, and 9 Members voted for the motion, which was accordingly declared carried. Decided: that the application by James Gregg, per Express Cars for the renewal of the company's Private Hire Car Operator's Licence be granted for a period of 12 months, effective from 31 August 2022. Councillor McLaren, prior to consideration of the following item of business, having declared a connection by virtue of the applicant being known to him, left the meeting during consideration of this item. Councillor McVey assumed the Chair. (b) JOHN HARRA 4. There was submitted an application by John Harra for the renewal of his Private Hire Car Operator's Licence. The Solicitor (Licensing) then advised the Committee that John Harra did not have an age compliant vehicle in accordance with the Council's specification. The Committee then heard John Harra speak in respect of the application for the renewal of his Private Hire Car Operator's Licence.
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REGULATORY - 21 FEBRUARY 2023 91 Thereafter, John Harra withdrew from the meeting and the Committee resumed consideration of the matter. John Harra was then re-admitted to the meeting. Decided: that the application by John Harra for the renewal of his Private Hire Car Operator's Licence be granted for a period of 18 months, effective from 31 December 2022. Councillor McLaren resumed the Chair. (c) MONITTAN MUTHALALY 5. There was submitted an application by Monittan Muthalaly for the renewal of his Private Hire Car Operator's Licence. The Solicitor (Licensing) then advised the Committee that Monittan Muthalaly did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Monittan Muthalaly speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, Monittan Muthalaly withdrew from the meeting and the Committee resumed consideration of the matter. Monittan Muthalaly was then re-admitted to the meeting. Decided: that the application by Monittan Muthalaly for the renewal of his Private Hire Car Operator's Licence be granted for a period of 12 months, effective from 31 March 2023. (3) TAXI DRIVER'S LICENCE - NEW APPLICATION - JAMES MARTIN 6. With reference to paragraph 2 of the Minute of the meeting of this Committee held on 7 February 2023, there was submitted an application by James Martin for a Taxi Driver's Licence. The Administrative Officer then indicated that James Martin was not in attendance. The Solicitor (Licensing) then advised that attempts to contact James Martin had been unsuccessful. Thereafter, the Committee determined that consideration of the matter should proceed in James Martin's absence. The Committee then heard the Solicitor (Licensing) advise that, despite several attempts to contact James Martin, he had failed to sit the requisite Knowledge Test. Decided: that the application by James Martin for a Taxi Driver's Licence be refused.
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ADULT CARE AND SOCIAL WORK - 21 FEBRUARY 2023 92 21 February 2023 at 2 pm. A Meeting of the ADULT CARE AND SOCIAL WORK COMMITTEE PRESENT Councillor M. McCulloch, Convener; Councillor Boyd, Vice-Convener; Councillors Barclay, Baudo, Brennan, Burgess, Bustard, Cairns, Costello, Goldie, Hughes, Jarvie, Kelly, Keltie, McCluskey, B. McCulloch, McKendrick, McPhilemy, L. Stubbs, Toner, Williams, Wilson and Woods. ALSO PRESENT In accordance with Standing Order 64 Councillor Campbell attended as substitute for Councillor Jones. CHAIR Councillor M. McCulloch (Convener) presided. IN ATTENDANCE Chief Officer, Health and Social Care; Chief Officer/Head of Service (Adult Social Work Services); Chief Social Work Officer (Education, Families, Justice and Integrated Practice); Business Finance Manager; Adult Protection Co-ordinator, and Democratic Services Manager. APOLOGY Councillor Jones. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. There were no declarations. ANNUAL REPORT OF THE CHIEF SOCIAL WORK OFFICER 2021/22 2. There was submitted a report by the Chief Social Work Officer (Education, Families, Justice and Integrated Practice) (1) advising that the Chief Social Work Officer of each local authority is required to provide an annual report; (2) attaching, as an Appendix to the report, the North Lanarkshire Chief Social Work Officer report for 2021/22, providing information on the delivery of statutory functions and performance in improvement activity across the range of social work services over that year; (3) explaining that the report also provides information on the wider governance and planning of social work provision within North Lanarkshire, including its key role in local partnerships, on both the national and local challenges impacting on the delivery of social work service delivery and demand, and (4) highlighting that the report reflects Social Work's contribution to the Programme of Work, underpinning the "Plan for North Lanarkshire" and "Delivering for Communities" framework. Decided: (1) that the annual report for 2021/22 be approved, and (2) that it be noted that approval of the report would also be sought through the Education, Children and Families Committee.
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ADULT CARE AND SOCIAL WORK - 21 FEBRUARY 2023 93 HOME ASSESSMENT TEAM/DISCHARGE WITHOUT DELAY PROGRAMME UPDATE REPORT 3. There was submitted a report by the Chief Officer/Head of Service (Adult Social Work Services) (1) highlighting that, in October 2022, the Scottish Government had made a request to prioritise Home First initiatives and to progress at pace; (2) advising that, to address the request and demand, it had been deemed necessary to accelerate the provision of Home assessment, prioritising University Hospital Wishaw given the pressures at the site; (3) informing that, in order to develop this approach at scale, there had been a substantial redirection of resources to the Home Assessment Team (HAT) within the Service; (4) outlining the objectives of the HAT within North Lanarkshire, along with the progress to date and future plans, and (5) detailing an update on the workforce and recruitment campaigns, with the intention for fully operational teams in Wishaw and Cumbernauld localities to be in place by mid February. Decided: (1) that the strategic direction of HAT and the roll-out of HAT across North Lanarkshire be approved, and (2) that the contents of the report be otherwise noted. EQUIPMENT AND ADAPTATIONS SERVICE 4. There was submitted a report by the Chief Officer/Head of Service (Adult Social Work Services) (1) providing an update on the current position of the Equipment and Adaptations Service (EAS); (2) highlighting several challenges which had been faced by the Service following the pandemic; (3) advising that, despite the challenges, the EAS had continued to prioritise those most at need; (4) setting out a refresh of governance arrangements, including a Service review, to increase the routine monitoring of performance and the offer of increased support to the Service across key partners; (5) informing of the requirement to seek an alternative solution for an IT system following the change of the current electronic stores management system "Managing Integrated Community Equipment Service" (MICES), which would have the identified service requirements, and (6) recommending that future reports be submitted to the Committee entailing any proposed changes to the Service. Decided: (1) that the refreshed governance arrangements be approved; (2) that the Service review, and that any future reports entailing any proposed changes be submitted to this Committee, be approved, and (3) that the change of the current electronic stores management system "Managing Integrated Community Equipment Service" (MICES), previously approved at Enterprise Architecture Governance Group (EAGG), be noted. ADULT SUPPORT AND PROTECTION: SOCIAL WORK ANNUAL REPORT 2021/22 AND THE ADULT PROTECTION COMMITTEE BIENNIAL REPORT 2020/22 5. There was submitted a report by the Chief Officer/Head of Service (Adult Social Work Services) providing an overview of two key Adult Support and Protection Reports, namely (a) Social Work Annual Report 2021/22, and (b) Adult Protection Committee Biennial Report 2020/22 (1) detailing the background relative thereto, and (2) enclosing within the Appendices a copy of each of the reports for information.
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ADULT CARE AND SOCIAL WORK - 21 FEBRUARY 2023 94 Arising from discussion thereon, it was agreed that mental health training be provided for Elected Members on how best to assist constituents seeking assistance. Decided: (1) that the Social Work Annual Report 2021/22 be noted, and (2) that the Adult Protection Committee Biennial Report 2020/22 be noted. MAINTAINING A POSITIVE BALANCE OF CARE 6. There was submitted a report by the Chief Officer/Head of Service (Performance Planning and Quality Assurance) (1) reiterating the Health and Social Care Partnership's commitment to ensure people are supported to live full and active lives in their own homes and localities, minimising the use of hospital and other care settings; (2) advising of a range of key metrics used to compare the Council's performance across other Scottish Local Authorities, and (3) setting out within the report a range of statistical comparisons. Decided: that the balance of care within North Lanarkshire be noted. REVENUE AND CAPITAL BUDGET MONITORING REPORT - ADULT SOCIAL CARE - PERIOD 9: 1 APRIL 2022-9 DECEMBER 2022 7. There was submitted a report by the Chief Officer/Head of Service (Performance Planning and Quality Assurance) providing a summary of the revenue financial performance of the Health and Social Care Partnership, North Lanarkshire (Adult Social Care and Housing) and the capital financial performance of the Social Work programme (1) incorporating the period 1 April to 9 December 2022 (accounting period 9), and (2) including the projected outturn forecast for the financial year ending 31 March 2023, with major outturn variances highlighted and explained as per the Council's approved Financial Regulations. Decided: (1) that the Revenue Financial Outturn position be noted, and (2) that the Capital Financial Outturn position be noted. ADULT SOCIAL CARE PERFORMANCE REPORT - QUARTER 2 2022/23 8. There was submitted a report by the Chief Officer, Health and Social Care providing an update on the performance of key areas of activity within Adult Health and Social Care for the period 1 July to 30 September 2022 (Quarter 2), and (2) highlighting, within Appendix 2 to the report, areas for improvement and planned actions. Thereon, the Chief Officer, Health and Social Care provided a verbal update on Operation Flow, the purpose of which is to create space in hospitals and facilities for commencing upcoming improvement works (1) informing of the "Fire Break" in hospitals which is to enable appropriate discharge across all facilities within the Health Board area; (2) advising that similar operations are being undertaken within other Health Board regions and are showing positive outcomes; (3) noting the focus on the principles of Discharge Without Delay such as ensuring patients have a planned date of discharge from early in their journey to minimise the lengths of stay and reduce deterioration, and (4) intimating that, by maximising the use of the Home Assessment Team and the Re-Ablement Service, there would be a
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ADULT CARE AND SOCIAL WORK - 21 FEBRUARY 2023 95 more co-ordinated approach supporting those who may require a care package in the community, with assessments for ongoing care being completed once the individuals are back in their own home. Decided: (1) that the areas for improvement and planned actions, as detailed within Appendix 2 to the report, be noted; (2) that the performance of key areas of activity, as detailed within Appendix 1 to the report, be noted, and (3) that the oral update by the Chief Officer, Health and Social Care in respect of Operation Flow be noted. CONTRACTS AWARDED BELOW COMMITTEE APPROVAL THRESHOLD 9. There was submitted a report by the Chief Officer (Assets and Procurement) providing, within an Appendix to the report, details of two contracts, which had been awarded by him under delegated authority, for works over £50,000 but less than £500,000 in value during the period 1 October to 31 December 2022. Decided: that the report be noted.
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LOCAL REVIEW BODY - 22 FEBRUARY 2023 96 22 February 2023 at 10 am. A Meeting of the LOCAL REVIEW BODY PRESENT Councillor Docherty, Convener; Councillor Bustard, Vice-Convener; Councillors Brennan, Burgess, M. Coyle, Logue, Smith and L. Stubbs. CHAIR Councillor Docherty (Convener) presided. IN ATTENDANCE The Planning Manager (Strategy and Policy), Senior Planning Officer and Principal Democratic Officer. APOLOGIES Councillors McManus and Shevlin. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The meeting noted that there were no declarations of interest. PLANNING APPLICATION NO. 22/01218/FUL - CONVERSION OF OUTBUILDING TO FORM SINGLE DETACHED DWELLINGHOUSE AT MILLCROFT STABLES, MILLCROFT ROAD, CUMBERNAULD 2. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/01218/FUL – Conversion of Outbuilding to Form Single Detached Dwellinghouse at Millcroft Stables, Millcroft Road, Cumbernauld; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties, and (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location and relevant excerpts from the North Lanarkshire Local Development Plan: PP 4 Green Belt, AD 4 Amount of Development, EDQ 1 Site Appraisal, EDQ 3 Quality of Development, SPG 07 Assessing Development in the Green Belt and National Planning Framework 4. Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure. The Local Review Body determined the application against the North Lanarkshire Local Development Plan which was adopted on 6 July 2022 in conjunction with the National Planning Framework 4 which was adopted by the Scottish Government on 13 February 2023. The Local Review Body having discussed and given consideration to the various submissions determined that the proposed development was in accordance with National Planning Framework 4 Policy 17 - Rural Homes in that the development reuses a redundant unused building and is suitably scaled, sited and designed to be in keeping with the character of the area.
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LOCAL REVIEW BODY - 22 FEBRUARY 2023 97 Decided: that the application be granted, subject to the following condition determined by the Chief Officer (Place), as undernoted:- That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- Location Plan and 9900A/PL/01. PLANNING APPLICATION NO. 22/01276/PPP - ERECTION OF A DWELLINGHOUSE (IN PRINCIPLE) AT LAND WEST OF 1 COBBLETON ROAD, NEW STEVENSTON, MOTHERWELL 3. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/01276/PPP – Erection of a Dwellinghouse (In Principle) at Land West of 1 Cobbleton Road, New Stevenston, Motherwell; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties, and (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location and relevant excerpts from the North Lanarkshire Local Development Plan: PP 4 Green Belt, AD 4 Amount of Development, EDQ 1 Site Appraisal, EDQ 3 Quality of Development, PROT A Category A3, SPG 07 Assessing Development in the Green Belt and National Planning Framework 4. Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure. The Local Review Body determined the application against the North Lanarkshire Local Development Plan which was adopted on 6 July 2022 in conjunction with the National Planning Framework 4 which was adopted by the Scottish Government on 13 February 2023. The Local Review Body having discussed and given consideration to the various submissions determined that the proposed development was in accordance with National Planning Framework 4 Policy 17 – Rural Homes as the development was suitably scaled and sited. Decided: that the application be granted, subject to the following conditions to be determined by the Chief Officer (Place) as undernoted:- 1. That before development starts a further planning application shall be submitted to the Planning Authority in respect of the following matters specified by condition:- a) the siting, design and external appearance of all buildings and other structures; b) the means of access to the site including visibility splays; c) the layout of the site, including all roads, footways, and parking areas; d) the details of, and timetable for, the hard and soft landscaping of the site; e) the details of proposed biodiversity enhancements; f) the design and location of all boundary walls and fences; g) the provision of drainage works;
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LOCAL REVIEW BODY - 22 FEBRUARY 2023 98 h) the disposal of sewage; and i) details of existing and proposed site levels. Reason: To enable the Planning Authority to consider these aspects in detail. 2. That, notwithstanding the requirements of Condition (1) above, the matters specified by conditions application to be submitted shall comply with the following requirements:- (a) a maximum of one dwelling that shall not exceed one and a half storeys in height, and (b) the dwellinghouse shall have its own in-curtilage parking area and shall be provided at the rate of 1-2 bedroom = 2 spaces and 3 bedroom = 3 spaces. Reason: In the interest of the amenity of the site and the general area. 3. That, before any works of any description start on the application site, and unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required. Information on the required format of the report and how it should be submitted to the Planning Authority can be found online:- https://www.northlanarkshire.gov.uk/planning-and-building/planning- applications/how-dischargecontaminated-land-planning-conditions Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 4. That any remediation works identified by the site investigation required, in terms of Condition 3, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 5. That, before any development works start on the application site, an intrusive site investigation shall be undertaken to establish the exact situation regarding the coal mining legacy on site. For avoidance of doubt this shall include the submission of a scheme of intrusive site investigations for mine entry and shallow coal workings, including a layout plan which identifies appropriate zones of influence for the mine entries on site, and the definition of suitable ‘no-build’ zones. The findings of the intrusive site investigation shall be submitted to the Planning Authority in the form of a detailed report for written approval in consultation with the Coal Authority. The remediation works identified for the treatment of mine entries and shallow coal workings, identified by the site investigation deemed necessary to implement this development, shall be outlined in this report.
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LOCAL REVIEW BODY - 22 FEBRUARY 2023 99 Reason: To ensure that matters relating to coal mining risk are adequately addressed. 6. That, before any development works start on the application site, the remediation works identified for the treatment of mine entries and shallow coal workings, identified by the intrusive site investigation required in terms of Condition 5 above, shall be carried out to the satisfaction of the Planning Authority in consultation with the Coal Authority. A certificate (signed by a Chartered Engineer experienced in mining works) shall be submitted to the Planning Authority confirming that the remediation works have been implemented in accordance with the relevant Coal Authority Guidance. Reason: To ensure that matters relating to coal mining risk are adequately addressed. 7. That, unless otherwise agreed in writing by the Planning Authority, before the development hereby permitted is occupied, a 2 metre wide footway shall be constructed along the full frontage of the site, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority. Reason: In the interests of pedestrian safety. 8. That, notwithstanding the generalities of Condition 1, the detailed housing layout for the site shall comply with the approved Council Guidelines in relation to the provision of open space in residential developments. Reason: To ensure the provision of satisfactory amenity space for the dwellinghouse. 9. That, before the dwellinghouse hereby permitted is occupied, unless otherwise agreed in writing with the Planning Authority, all recommendations on mitigation and biodiversity enhancements, as set out in Section 5 of the EP Ecology Ltd report dated 8 April 2022, shall be implemented in full. Reason: In the interests of protecting nature conservation interests. 10. That, should no development commence before February 2024, an updated Preliminary Ecological Appraisal Report shall be provided for the written approval of the Planning Authority before any development starts on site. Reason: In the interests of protecting nature conservation interests. 11. That, before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, an updated protected species survey shall be provided for the written approval of the Planning Authority. Once any updated protected species survey is approved, all recommendations should be implemented in full. Reason: In the interests of protecting nature conservation interests 12. That the development to which this permission in principle relates must be begun not later than the expiration of 5 years beginning with the date on which the permission is granted. If development has not begun at the expiration of this period, the planning permission in principle lapses. Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended.
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LOCAL REVIEW BODY - 22 FEBRUARY 2023 100 13. That an application for approval of all the matters specified above shall be submitted not later than the expiration of 3 years beginning with the date on which this planning permission in principle is granted Reason: So that these matters can all be assessed in full and to allow sufficient time for the development to commence within the duration of this planning permission in principle. PLANNING APPLICATION NO. 22/00913/FUL - CONVERSION OF STABLE COMPLEX FOR USE AS DOG DAY CARE AND SHOP AT 230 MOSSHALL STREET, NEWARTHILL, MOTHERWELL 4. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/00913/FUL – Conversion of Stable Complex for Use as a Dog Day Care and Shop at 230 Mosshall Street, Newarthill, Motherwell; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties, and (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location and relevant excerpts from the North Lanarkshire Local Development Plan: PP 4 Green Belt, AD 4 Amount of Development, EDQ 1 Site Appraisal, EDQ 3 Quality of Development and National Planning Framework 4. Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure. The Local Review Body determined the application against the North Lanarkshire Local Development Plan which was adopted on 6 July 2022, in conjunction with the National Planning Framework 4 which was adopted by the Scottish Government on 13 February 2023. The Local Review Body, having discussed and given consideration to the various submissions, determined that the development was in accordance with National Planning Framer 4 Policy 29 - Rural Development as it constituted a diversification of an existing business that will contribute to the viability, sustainability and diversity of a rural community and the local rural economy. Decided: that the application be granted, subject to the following conditions to be determined by the Chief Officer (Place) as undernoted:- That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. Reason: To clarify the drawings on which this approval of permission is founded. Duration of Permission That the development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted. If development has not begun at the expiration of this period then the planning permission lapses. Reason: To comply with Section 58 The Town and Country Planning (Scotland) Act 1997 as amended.
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EDUCATION, CHILDREN AND FAMILIES - 28 FEBRUARY 2023 101 28 February 2023 at 2 pm. A Meeting of the EDUCATION, CHILDREN AND FAMILIES COMMITTEE PRESENT Councillor Campbell, Convener; Councillor Duffy-Lawson, Vice-Convener; Councillors Ashraf, Ballinger, Barclay, Baudo, Boyd, Brannan-McVey, Bustard, Carragher, Costello, M. Coyle, S. Coyle, Currie, Dunbar, Fotheringham, Hughes, D. Johnston, T. Johnston, Keltie, Khan, Larson, Lennon, Loughran, Magowan, Masterton, McCluskey, B. McCulloch, McKendrick, McManus, McPake, McVey, Mitchell, Stevenson, Toner, Wilson and Woods, and Mr. G. McCormack. ALSO PRESENT In accordance with Standing Order 64(A) Councillors Logue, M. McCulloch and McPhilemy attended as substitutes for Councillors Kelly, Jones and McKay respectively. CHAIR Councillor Campbell (Convener) presided. IN ATTENDANCE The Chief Officer (Education – North); Chief Officer (Education – South); Chief Social Work Officer (Education, Families, Justice and Integrated Practice); Senior Education and Families Manager (Social Work); Business Finance Manager; Education and Families Manager, and Democratic Services Manager. APOLOGIES Councillors Jones, Kelly, McKay, M. McCrossan, G. Paterson and I. Scott. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor Duffy-Lawson, by virtue of his employment, declared a connection with agenda item 9 – Annual Report of the Chief Social Work Officer 2021/22 and further declared that he believed the interest was so sufficiently remote that it did not preclude his participation in the consideration of the item. APPOINTMENT OF REPRESENTATIVE OF THE CHURCH OF SCOTLAND 2. There was submitted a report by the Chief Officer (Legal and Democratic) providing notification of the nomination made by the Church of Scotland for Ms. Margaret Clarkson to be appointed as its statutory representative to the Committee following the resignation of Mr. D. Hannan. Decided: (1) that the nomination made by the Church of Scotland for Ms. M. Clarkson to be its representative on the Committee be noted, and
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EDUCATION, CHILDREN AND FAMILIES - 28 FEBRUARY 2023 102 (2) that the report be remitted to the Council, with a recommendation that Ms. M. Clarkson be appointed as the representative of the Church of Scotland on the Education, Children and Families Committee. 1140 EARLY LEARNING AND CHILDCARE EXPANSION PROGRAMME UPDATE 3. There was submitted a report by the Chief Officer (Education – North) (1) providing an update on the 1140 Hours Early Learning and Childcare (ELC) Expansion Programme; (2) informing of the progress at Craigneuk Family Learning Centre and Heathery Park Family Learning Centre; (3) setting out the position of the ELC Procurement Framework, and (4) summarising the increase in rates for daycare providers in accordance with Scottish Government guidance. Decided: (1) that the 1140 project update be noted; (2) that the progress of Heathery Park ELC be noted; (3) that the position regarding the ELC Procurement Framework be noted, and (4) that the increase in rates for daycare providers be noted. STRATHCLYDE PARK OUTDOOR EDUCATION PROGRAMME 4. There was submitted a report by the Chief Officer (Education – North) (1) providing an update on the Strathclyde Park Outdoor Education Programme; (2) informing of the increased number of participants using the facility; (3) detailing the range of activities and opportunities available to the young people using the facility, and (4) highlighting within the report the assistance available to pupils and schools to ensure all young people may participate within the programme. Decided: (1) that the ongoing development of the programme, as detailed within the report, be approved; (2) that the development of Strathclyde Park Outdoor Education Programme, and the ongoing increase in schools participating, be noted, and (3) that the contents of the report be otherwise noted. GETTING IT RIGHT FOR EVERY CHILD 5. There was submitted a report by the Chief Officer (Education – North) (1) providing an update on the progress of the implementation and development of The Getting It Right For Every Child (GIRFEC) process; (2) summarising new GIRFEC guidance published by the Scottish Government; (3) outlining recent developments linked to the Roadmap to Recovery, and the mental health and wellbeing plan for children in North Lanarkshire; (4) advising that the Council's approach to the GIRFEC pathway in North Lanarkshire would bring the Council closer to the local and national vision, and (5) highlighting that a previously reported online tool had been developed to allow frontline practitioners a simpler access to information. Decided: that the report be noted.
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EDUCATION, CHILDREN AND FAMILIES - 28 FEBRUARY 2023 103 PROPOSALS FOR STATUTORY PUBLIC CONSULTATIONS AND THE PROPOSED NEW BUILD FOR GARTCOSH PRIMARY 6. There was submitted a report by the Chief Officer (Education – North) (1) outlining proposals for a statutory public consultation on the proposed new build for Gartcosh Primary School; (2) informing of the key reasons and benefits for the proposal that offer a wide range of learning opportunities for the children; (3) setting out in Appendix 1 to the report the proposed statutory consultation document, and (4) seeking approval for the timeline for consultation, as detailed within Appendix 2 of the report. Decided: (1) that the formal consultation on the new build proposal for Gartcosh Primary be approved; (2) that the statutory consultation document, as attached at Appendix 1 to the report, be approved, and (3) that the timeline for consultation, as detailed within Appendix 2 to the report, be approved. PROPOSALS FOR STATUTORY PUBLIC CONSULTATIONS ON THE PROPOSED RELOCATION OF MAVISBANK SCHOOL TO THE EXISTING CARNBROE PRIMARY SCHOOL 7. There was submitted a report by the Chief Officer (Education – North) (1) outlining proposals for a statutory public consultation on the proposed relocation of Mavisbank School to the existing Carnbroe Primary School; (2) informing of the key reasons and benefits for the proposal including the reconfiguration of the intensive Additional Support Needs (ASN) systems and services to support children and young people with intensive social and emotional needs, and (3) seeking approval (a) to undertake a statutory consultation on the proposed school relocation, and (b) of the timeline for consultation, as detailed within Appendix 2 to the report. Decided: (1) that the undertaking of a statutory consultation on the proposed relocation of Mavisbank School to the existing Carnbroe Primary School be approved, and (2) that the timeline for consultation, as detailed within Appendix 2 to the report, be approved. PROPOSALS FOR STATUTORY PUBLIC CONSULTATIONS ON THE PROPOSED REZONING OF THE DUNLOP ESTATE 8. There was submitted a report by the Chief Officer (Education – North) (1) outlining proposals for a statutory public consultation on the proposed rezoning of the Dunlop Estate within North Lanarkshire; (2) informing that, following a request from residents, the Local Government Boundary Commission for Scotland agreed to conduct a review of the boundary between Glasgow City and the Council areas at Cardowan, Stepps, and (3) seeking approval (a) to undertake a statutory consultation on the proposed relocation, and (b) of the timeline for consultation, as detailed within Appendix 2 to the report. Decided: (1) that the undertaking of a statutory consultation on the proposed rezoning of the Dunlop Estate within North Lanarkshire be approved, and (2) that the timeline for consultation, as detailed within Appendix 2 to the report, be approved.
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EDUCATION, CHILDREN AND FAMILIES - 28 FEBRUARY 2023 104 Councillor Duffy-Lawson, prior to consideration of the following item of business, having declared a connection by virtue of his employment, further declared that he considered the connection so sufficiently remote that it did not preclude his participation in consideration of the matter. ANNUAL REPORT OF THE CHIEF SOCIAL WORK OFFICER 2021/22 9. There was submitted a report by the Chief Social Work Officer (Education, Families, Justice and Integrated Practice) (1) advising that the Chief Social Work Officer of each local authority is required to provide an annual report; (2) attaching, as an Appendix to the report, the North Lanarkshire Chief Social Work Officer report for 2021/22, providing information on the delivery of statutory functions and performance in improvement activity across the range of Social Work services over that year; (3) explaining that the report also provides information on the wider governance and planning of social work provision within North Lanarkshire, include its key role in local partnerships, on both the national and local challenges impacting on the delivery of Social Work service delivery and demand, and (4) highlighting that the report reflects Social Work's contribution to the Programme of Work, underpinning the "Plan for North Lanarkshire" and "Delivering for Communities" framework. Decided: (1) that the Annual Report for 2021/22 be approved, and (2) that it be noted that approval of the report would also be sought through the Adult Care and Social Work Committee. KEEPING THE PROMISE - CARE EXPERIENCED CHILDREN AND YOUNG PEOPLE 10. There was submitted a report by the Chief Social Work Officer (1) providing an update on the key developments to deliver The Promise: Care Foundation to support care experienced children and young people; (2) detailing a number of key areas on how the Children's Champions Board and Promise Development Team ensure lived experience is central to the change process; (3) advising of planned activity on the critical role of support offered within the Council's Children's Houses to further enhance the Children's Carer Service and the wide ranging work of the virtual school in improving educational opportunities, attainment and wider outcomes, and (4) setting out the next steps and planned actions in delivering the Promise and the Promise Plan 2021-24. Decided: (1) that the next steps and planned actions, as detailed within the report, be approved, and (2) that the contents of the report be otherwise noted. KEEPING THE PROMISE - SUPPORT FOR FAMILIES, CHILDREN AND YOUNG PEOPLE 11. There was submitted a report by the Chief Social Work Officer (1) outlining that a recent report by the former Director of the Children and Young People's Centre for Justice found children in conflict with the law in Scotland experienced stigmatisation, trauma and poor outcomes; (2) intimating that the Scottish Government had published a revised framework "Justice for Children and Young People – A Rights Respecting Approach" for the benefit of upholding the rights of children; (3) detailing that a Youth Justice Steering Group had been established in 2021 to review the approach to supporting young people in conflict with the law in North Lanarkshire to ensure services meet the outcomes and priorities outlined within the Framework; (4) informing that the Council aim is to deliver the specific call to action in the Promise Plan 2021-24 to end the disproportionate criminalisation of care experienced young people; (5) summarising the principal findings from the review and the plans to proceed with a rights respecting approach; (6) setting out plans to integrate Early and Effective Intervention (EEI),
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EDUCATION, CHILDREN AND FAMILIES - 28 FEBRUARY 2023 105 currently provided externally, with the Getting It Right For Every Child (GIRFEC) pathway and empowering clusters approach; (7) proposing not to retender or recommission the externally provided EEI service in line with the options appraisal, subject to the appropriate requirements, and (8) seeking approval to develop an in-house youth work response to EEI that would align with the support and services developed through the Empowering Clusters approach. Councillor Logue, seconded by Councillor Duffy-Lawson proposed that the recommendation contained within the report be approved. Councillor Larson, seconded by Councillor Ballinger, proposed as an amendment:- "Council recognises the impact of the Covid pandemic and declines to make decisions over performance using figures obtained during lockdown periods. Council further agrees to work with Bellshill and Mossend YMCA using an ethos of continuous improvement to produce an agreed framework for enhanced reporting." Thereon, in Standing Order 39, the vote was taken by calling the roll. On the roll being called:- 21 Members voted for the motion as follows:- Councillors Boyd, Brannan-McVey, Bustard, Campbell, Costello, S. Coyle, Currie, Duffy-Lawson, Dunbar, Khan, Logue, Loughran, B. McCulloch, M. McCulloch, McKendrick, McPake, McPhilemy, McVey, Stevenson, Wilson and Woods. 17 Members voted for the amendment as follows:- Councillors Ashraf, Ballinger, Barclay, Baudo, Carragher, Fotheringham, Hughes, D. Johnston, T. Johnston, Keltie, Larson, Magowan, Masterton, McCluskey, McManus, Mitchell and Toner. Councillor Lennon abstained. 21 Members having voted for the motion and 17 Members having voted for the amendment and 1 Member having abstained, the motion was accordingly declared carried. Decided: (1) that the piloting of Early and Effective Intervention (EEI) through the GIRFEC pathway, as part of the empowering clusters approach, be noted; (2) that it be agreed not to retender or recommission an externally provided EEI service, in line with the options appraisal, subject to completion of due diligence and production of a business plan to include consideration of financial, legal and HR implications, and (3) that the proposal to develop an in-house youth work response to EEI, aligned with the support and services being developed through the empowering clusters model, be approved. STRATEGIC PERFORMANCE FRAMEWORK - LATEST PERFORMANCE RESULTS FOR EDUCATION 12. There was submitted a joint report by the Chief Officer (Education – North) and the Chief Officer (Education – South) (1) setting out the process in the Local Government Benchmarking Framework (LGBF) indicators; (2) reminding Committee that the performance information, normally collated through routine HMIE scrutiny processes, had been paused from March 2020 until August 2022, due to the Coronavirus pandemic; (3) highlighting the impact the pandemic had on the exam process across Scotland and therefore the data had been impacted in this context; (4) setting out a summary
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EDUCATION, CHILDREN AND FAMILIES - 28 FEBRUARY 2023 106 of analysis to identify which indicators and service areas had improved performance and those that required improvement, and (5) enclosing within the Appendix to the report a high level performance overview. Decided: that the high level performance overview, as detailed within Appendix 1 to the report, and the supporting data as outlined within the report be approved. REVENUE BUDGET MONITORING REPORT 13. There was submitted a report by the Depute Chief Executive (1) providing a summary of the financial performance of the Education, Children and Families Services for the period 1 April 2022 to 6 January 2023 (Period 10), and (2) illustrating the projected outturn as at 31 March 2023, with major outturn variances highlighted and explained as per the Council's approved Financial Regulations. Decided: (1) that the financial position of the Education, Children and Families Revenue Budget be noted, and (2) that the contents of the report be noted. CONTRACTS AWARDED BELOW COMMITTEE APPROVAL THRESHOLD 14. There was submitted a report by the Chief Officer (Assets and Procurement) notifying the Committee of contracts awarded between 1 October and 31 December 2022 with a value below the financial threshold requiring Committee approval. Decided: that the contracts awarded below Committee approval threshold between 1 October and 31 December 2022, as per the process within the Council's General Contract Standing Orders, be noted.
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FINANCE AND RESOURCES - 1 MARCH 2023 107 1 March 2023 at 10 am. A Meeting of the FINANCE AND RESOURCES COMMITTEE PRESENT Councillor Fisher, Convener; Councillor B. McCulloch, Vice-Convener; Councillors Bustard, Cairns, Campbell, Carragher, Costello, S. Coyle, Crichton, Currie, Duffy, Dunbar, Fotheringham, Hume, D. Johnston, T. Johnston, Jones, Kelly, Keltie, Loughran, MacGregor, McCluskey, McKendrick, McLaren, McNally, McPake, Mitchell, Roarty, Robb, Robinson, Stevenson, A. Stubbs, L. Stubbs and Sullivan. ALSO IN ATTENDANCE In accordance with Standing Order 64(A) Councillors Hughes, Nolan and Smith attended as substitutes for Councillors Linden, Watson and Di Mascio respectively. CHAIR Councillor Fisher (Convener) presided. IN ATTENDANCE The Chief Officer (Finance); Chief Officer (People Resources); Chief Officer (Assets and Procurement); Chief Officer (Legal and Democratic); Chief Officer (Business and Digital); Business Finance Managers (Resource Solutions); Group Manager (Estates), and Democratic Services Manager. APOLOGIES Councillors Beveridge, Di Mascio, Linden, Logue and Watson. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillors Fisher and Duffy, by virtue of being Members of the Board of North Lanarkshire Properties, declared a connection amounting to a declarable interest in respect of paragraph 8 – North Lanarkshire Properties: Re-financing October 2023 - and left the meeting during consideration of that matter. Councillor Crichton, by virtue of a close family member being a teacher, declared a connection in respect of paragraph 3 – Revised F7 Leave of Absence for Teachers and Associated Professional Policy and Accompanying Guidance Notes – and further declared that he considered the interest sufficiently remote that it did not preclude his participation in consideration of that item of business. Councillor Nolan, by virtue of a family member being an employee of the Council, declared a connection in respect of paragraph 2 – Bank Holiday in Honour of the Coronation of His Majesty King Charles III – and further declared that she considered the interest sufficiently remote that it did not preclude her participation in consideration of that matter. Prior to consideration of the following item of business, Councillor Nolan had, by virtue of a family member being an employee of the Council, declared a connection with the matter and had further declared that she considered the interest sufficiently remote that it did not preclude her participation in consideration of the matter.
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FINANCE AND RESOURCES - 1 MARCH 2023 108 BANK HOLIDAY IN HONOUR OF THE CORONATION OF HIS MAJESTY KING CHARLES III 2. There was submitted a report by the Chief Officer (People Resources) (1) informing the Committee that both the UK and Scottish Governments have proclaimed a Bank Holiday in honour of the Coronation of His Majesty King Charles III which will take place on Monday, 8 May 2023 following the Coronation on 6 May; (2) advising that the purpose of the additional Bank Holiday is to allow for a three day weekend that will give families and communities across the country the opportunity to come together to celebrate; (3) confirming that, in relation to schools and early years establishments, Scottish Ministers have confirmed their view that it is important that families in Scotland are able to participate in the Coronation celebrations and are therefore supportive of the additional Bank Holiday becoming a school holiday and that, although there has been no instruction to close schools or any other local authority services, there is an expectation that many workers will be afforded the opportunity to have the day off, and (4) seeking approval for the implications of the additional holiday in regards to service provision and to agree the principles around the application of the additional Bank Holiday as detailed in the report. Decided: (1) that the formal announcement of a Bank Holiday on Monday, 8 May 2023 following the Coronation of King Charles III be noted; (2) that the closure of all schools and nursery establishments on Monday, 8 May 2023 be approved; (3) that the wider extent of closure of the Council on Monday, 8 May 2023 be approved; (4) that it be noted that, to enable this, an application will be made for the statutory schooling days for pupils in the Council to be reduced to 188 days from 190 days in session 2022/23, and (5) that the principles around the application of a Bank Holiday within the Council be approved. Prior to consideration of the following item of business, Councillor Crichton, by virtue of a family member being a teacher, had declared a connection and had further declared that he considered the interest sufficiently remote that it did not preclude his participation in consideration of the matter. REVISED F7 LEAVE OF ABSENCE FOR TEACHERS AND ASSOCIATED PROFESSIONAL POLICY AND ACCOMPANYING GUIDANCE NOTE 3. There was submitted a report by the Chief Officer (People Resources) (1) informing the Committee that, in recognition that the F7 Leave of Absence Policy for Teachers and Associated Professionals had not been reviewed for several years, a sub-group of the Joint Negotiating Committee for Teachers (JNCT) had been created for the purpose of considering existing terms and policy along with any legislative and operational changes that had occurred in the intervening period; (2) reminding the Committee that teachers' terms and conditions of employment are governed by the Scottish Negotiating Committee for Teachers (SNCT) and that, therefore, some aspects of the policy are not negotiable; (3) explaining that, as part of the review, a guidance note was also developed and introduced as it was recognised that some of the provisions within the policy required further detail and instruction on how and when they applied; (4) intimating that both the revised policy and guidance note have been discussed and approved at both the informal JNCT that took place on 6 September 2022 and the formal JNCT that took place on 27 September 2022, and (5) summarising the review of the F7 Leave of Absence Policy for Teachers' and Associated Professionals, and accompanying guidance note, with a number of key areas that have been developed for change being highlighted. C
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FINANCE AND RESOURCES - 1 MARCH 2023 109 Decided: (1) that the contents of the report be noted; (2) that the changes as described within the report and accompanying documents be approved, and (3) that implementation of the revised F7 Leave of Absence Policy for Teachers and Associated Professionals and the guidance note take place at the earliest possible time. ANNUAL DATA PROTECTION REPORT FOR FINANCIAL YEAR 2021-22 4. There was submitted a report by the Chief Officer (Legal and Democratic) providing Committee with information on the Council's data protection compliance and activity in respect of financial year 2021-22. Decided: that the contents of the report be noted. TREASURY MANAGEMENT STRATEGY 2023/24, TREASURY MANAGEMENT AND PRUDENTIAL INDICATORS 2023/24 TO 2025/26 5. There was submitted a report by the Chief Officer (Finance) (1) outlining the Treasury Management Strategy for 2023/24 in accordance with the CIPFA Code of Practice on Treasury Management; (2) reporting on the Treasury and Prudential Indicators as required by the above Code and the CIPFA Prudential Code for Capital Finance in Local Authorities, and (3) reminding the Committee that, as outlined in 2022, the Scottish Government had introduced fiscal flexibilities for local government to help manage the cost of Covid, subject to statutory guidance, and that these flexible options had been reviewed and considered. Decided: (1) that the Treasury Management Strategy 2023/24 be approved; (2) that the Treasury Management and Prudential Indicators for 2023/24 to 2025/26, as set out within Appendix 1 to the report, be adopted, and (3) that the proposed use of specific physical flexibilities as advised by the Scottish Government, in 2022/23 and 2023/24, with the implementation of such managed in line with the principles detailed within the Treasury Management Strategy 2023/24, be acknowledged, and that the Treasury Management Strategy 2023/24 be remitted to the Council for approval. NON-DOMESTIC RATES – EMPTY PROPERTY RELIEF 6. There was submitted a report by the Chief Officer (Finance) (1) informing the Committee that, as part of the Scottish Government’s 2019/20 budget proposals, a commitment had been made to devolve Empty Property Relief to Local Government from 1 April 2023; (2) proposing that, given the short timescales available prior to 1 April 2023, the Council’s Empty Property Relief Policy should mirror the existing reliefs for a period of at least one year to 1 April 2024, and (3) advising that it is the intention of Finance to undertake a review of the Empty Property Relief Policy during 2023, with a view to implementing a revised policy from 1 April 2024 and for the Service to ensure that engagement with key and external stakeholders takes place as part of this policy review. C
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FINANCE AND RESOURCES - 1 MARCH 2023 110 Decided: (1) that the proposed policy in respect of Empty Property Relief be effective from 1 April 2023; (2) that it be recognised that Finance intends to review the Empty Property Relief Policy during 2023 with a view to implementing a revised policy from 1 April 2024 onwards, and (3) that it be recognised that Finance will consult with key stakeholders to inform the revised policy from 1 April 2024. PAYMENT OF LOCAL TAXATION AND BENEFIT UPDATE 7. There was submitted a report by the Chief Officer (Finance) providing an update on performance within the Revenues and Benefits functions of Finance as at 31 December 2022. Decided: that the contents of the report be acknowledged. Prior to consideration of the following item of business, Councillors Fisher and Duffy, by virtue of being Members of the Board of North Lanarkshire Properties, had each declared an interest and left the meeting during its consideration. NORTH LANARKSHIRE PROPERTIES: RE-FINANCING OCTOBER 2023 8. There was submitted a report by the Chief Officer (Finance) (1) informing the Committee that North Lanarkshire Properties LLP's (NLP) current financing borrowing agreement with its lender, Barclays Bank plc, ceases in October 2023 and that a new funding arrangement requires to be put in place to fund the remaining balance of £33m; (2) indicating that NLP had appointed external financial advisors to support the internal project teams and this contract was awarded in December 2022 to Azets; (3) detailing that, as part of the existing loan arrangement, the Council provides an 80% guarantee and that, as part of the scoping documents being issued to lenders, it would be beneficial to include confirmation of this guarantee going forward as this is anticipated to attract more lenders and potentially provide enhanced beneficial rates, and (4) summarising the trading position for NLP over the previous ten years. Decided: (1) that the requirement for NLP to progress a re-financing agreement with an external lender in the region of £33m be acknowledged; (2) that the current financial trading position of NLP be acknowledged, and (3) that the continuation of the 80% guarantee from the Council to NLP be approved. LOCAL TAXATION DEBT WRITE-OFF 2022/23 9. There was submitted a report by the Chief Officer (Finance) presenting a summary of outstanding local taxation accounts which are deemed uncollectable following all attempts at recovery and that, in accordance with financial guidelines, a provision for credit losses had previously been established for the outstanding accounts and that the total recommended for write-off for 2022/23 was £5,350,609.52.
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FINANCE AND RESOURCES - 1 MARCH 2023 111 Decided: (1) that the decision of the Chief Officer (Finance) to write-off £2,028,171.32 for debts under £500 under delegated responsibilities be acknowledged, and (2) that the write-off of all items over £500 to the value of £3,322,438.20 be approved. REMIT FROM HOUSING COMMITTEE OF 15 FEBRUARY 2022 – FORMER TENANT ARREARS WRITE-OFF TO 31 MARCH 2021 10. There was submitted a report by the Chief Officer (Housing Management) which had been considered by the Housing Committee at its meeting held on 15 February 2023 (1) presenting a summary of outstanding debtor accounts which had been deemed uncollectable following all attempts at recovery or considered uneconomically viable to pursue in accordance with financial guidelines; (2) explaining that the debt to be written-off relates to former tenancies where the tenancy end date is prior to 31 March 2021; (3) detailing that the total recommended write-off is £2,610,389.07 which equates to 1.82% of the total rent income of £143,783,000, and (4) remitting the report to the Finance and Resources Committee for final approval. Decided: that the write-off of £2,610,389.07 be approved. REVENUE BUDGET MONITORING REPORT: CHIEF EXECUTIVE'S AND OTHER CORPORATE SERVICES’ 1 APRIL 2022 TO 6 JANUARY 2023 (PERIOD 10) 11. There was submitted a report by the Chief Officer (Finance) (1) summarising the Chief Executive's and other corporate services’ financial performance for the period 1 April 2022 to 6 January 2023 (Period 10), and (2) illustrating the provisional outturn as at 31 March 2023 with major outturn variances highlighted and explained as per the Council’s approved Financial Regulations. Decided: that the financial position of the 2022/23 Chief Executive's and other corporate services’ revenue budget be acknowledged. CHIEF EXECUTIVE SERVICE – CAPITAL MONITORING REPORT 1 APRIL 2022 TO 6 JANUARY 2023 (PERIOD 10) 12. There was submitted a report by the Chief Officer (Finance) highlighting the financial performance and provisional outturn of the 2022/23 Chief Executive Capital Programme for the period ended 6 January 2023 (Period 10). Decided: that the financial position of the 2022/23 Chief Executive Capital Programme be acknowledged. REVENUE MONITORING REPORT COUNCIL SUMMARY – 1 APRIL 2022 TO 6 JANUARY 2023 13. There was submitted a report by the Chief Officer (Finance) (1) providing an update on the overall position for the General Fund Account, Housing Revenue Account and Adult Health and Social Care for the financial year to 31 March 2023; (2) consolidating the budget monitoring position of all services, and (3) highlighting and explaining major variances as per the Council’s approved Financial Regulations.
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FINANCE AND RESOURCES - 1 MARCH 2023 112 Decided: (1) that the financial position of the 2022/23 revenue budget be acknowledged, and (2) that, otherwise, the contents of the report be endorsed. CAPITAL PROGRAMME 2022/23 MONITORING REPORT 14. There was submitted a report by the Chief Officer (Finance) (1) fulfilling the key requirements of the Council's reporting procedures for Treasury Management in accordance with the CIPFA Code of Practice for Treasury Management and the CIPFA Prudential Code for Capital Finance in Local Authorities, and (2) detailing the Quarterly Treasury Management activity for the period 1 October to 31 December 2022 and compliance with the mandatory Treasury and Prudential Indicators. Decided: that the Treasury Management activity for the Quarter ended 31 December 2022, including the positive performance against the key Treasury and Prudential Indicators, be noted. POW11 - REVIEW OF 2022/23 BUDGET SAVINGS 15. There was submitted a report by the Chief Officer (Finance) (1) providing the Committee with an update on the achievements of the approved net savings for financial year 2022/23 of £10.484m; (2) reporting that the Council set aside one-off resources of £3.372m to manage anticipated delays in delivering savings in respect of Active and Creative Communities and the closure of the Muirpark facility, reducing the 2022/23 target to £7.112m, and (3) indicating that it is currently forecast that £5.417m (76%) of the savings would be delivered in year with the remaining balance to be delivered in future years. Decided: that the contents of the report be acknowledged. STRATEGIC PERFORMANCE FRAMEWORK - LATEST PERFORMANCE RESULTS FOR BUSINESS AND DIGITAL 16. There was submitted a report by the Chief Officer (Business and Digital) (1) providing the Committee with an update on the latest results of the strategic performance indicators used by Business and Digital to inform service delivery and underpin operational decisions, and (2) attaching, as an Appendix to the report, a high-level performance overview as at January 2023. Decided: that the high-level performance overview, as presented in Appendix 1 to the report and supporting data contained within a linked document, be acknowledged. STRATEGIC PERFORMANCE FRAMEWORK - LATEST PERFORMANCE RESULTS FOR FINANCE 17. There was submitted a report by the Chief Officer (Finance) (1) providing the Committee with an update on the latest results of the strategic performance indicators used by Finance to inform service delivery and underpin operational decisions, and (2) attaching, as an Appendix to the report, a high-level performance overview as at January 2023. Decided: that the high-level performance overview, as presented in Appendix 1 to the report and supporting data contained within a linked document, be acknowledged.
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FINANCE AND RESOURCES - 1 MARCH 2023 113 STRATEGIC PERFORMANCE FRAMEWORK - LATEST PERFORMANCE RESULTS FOR LEGAL AND DEMOCRATIC 18. There was submitted a report by the Chief Officer (Legal and Democratic) (1) providing the Committee with an update on the latest results of the strategic performance indicators used by Legal and Democratic to inform service delivery and underpin operational decisions, and (2) attaching, as an Appendix to the report, a high-level performance overview as at January 2023. Decided: that the high-level performance overview, as presented in Appendix 1 to the report and supporting data contained within a linked document, be acknowledged. STRATEGIC PERFORMANCE FRAMEWORK - LATEST PERFORMANCE RESULTS FOR ASSETS AND PROCUREMENT 19. There was submitted a report by the Chief Officer (Assets and Procurement) (1) providing the Committee with an update on the latest results of the strategic performance indicators used by Assets and Procurement to inform service delivery and underpin operational decisions, and (2) attaching, as an Appendix to the report, a high-level performance overview as at January 2023. Decided: that the high-level performance overview, as presented in Appendix 1 to the report and supporting data contained within a linked document, be acknowledged. STRATEGIC PERFORMANCE FRAMEWORK - LATEST PERFORMANCE RESULTS FOR PEOPLE RESOURCES 20. There was submitted a report by the Chief Officer (People Resources) (1) providing the Committee with an update on the latest results of the strategic performance indicators used by People Resources to inform service delivery and underpin operational decisions, and (2) attaching, as an Appendix to the report, a high-level performance overview as at January 2023. Decided: that the high-level performance overview, as presented in Appendix 1 to the report and supporting data contained within a linked document, be acknowledged. LAND RE-ALLOCATION FORMER YMCA AND 303 BRANDON STREET, MOTHERWELL, ML1 1RS 21. There was submitted a report by the Chief Officer (Assets and Procurement) seeking approval for the transfer of a building and land held by General Services for inclusion in the New Build Programme incorporating the former YMCA and 303 Brandon Street, Motherwell. Decided: (1) that the land transfer of the former YMCA building and the 303 Brandon Street site from General Services to Place, on the terms as detailed in the report, be approved, and (2) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement).
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FINANCE AND RESOURCES - 1 MARCH 2023 114 LAND RE-ALLOCATION - PETERSBURN PRIMARY SCHOOL SITE, PETERSBURN ROAD, AIRDRIE, ML6 8DX 22. There was submitted a report by the Chief Officer (Assets and Procurement) seeking approval for the transfer of land held by Education and Families for Inclusion in the New Build Programme incorporating Petersburn Primary School Site, Petersburn Road, Airdrie. Decided: (1) that the land transfer of the former Petersburn Primary School site from Education and Families to Place, on the terms as detailed in the report, be approved, and (2) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement). CONTRACT AWARD FOR LAN/SAN AND SERVER HARDWARE SUPPLY AND MAINTENANCE SERVICES 23. There was submitted a report by the Chief Officer (Business and Digital) seeking approval of the award of a contract for the Local Area Network/Storage Area Network (LAN/SAN) and server hardware supplier maintenance to Virgin Media Business Limited for a total period of 36 months anticipated to commence on 1 April 2023 with the value of the contract not to exceed £3,932,110 exclusive of VAT. Decided: (1) that the award of the contract to Virgin Media Business Limited to a maximum value of £3,932,110 exclusive of VAT be approved, and (2) that it be noted that there had been completion of a procurement procedure where the tender recommended for award has been evaluated as providing the most economically advantageous tender in terms of cost and quality for the Council. CONTRACT AWARD HR CASE MANAGEMENT SOLUTION 24. There was submitted a report by the Chief Officer (People Resources) (1) informing the Committee that, in the absence of an appropriate Committee meeting, Chief Executive approval had been sought, in accordance with General Contract Standing Orders 21.3.2, to expedite the contract award for an HR Case Management Solution to CDW Limited and that this approval had been granted on 31 October 2022; (2) reporting that the contract was for an initial period of 12 months commencing on 1 November 2022 with the Council having the opportunity to extend the contract for 12 months plus another extension period of 14 months and 15 days and that this extension period would align this contract with the current ITSM contract with CDW Limited, and (3) detailing that the contract shall not exceed £1,327,200.68 exclusive of VAT. Decided: (1) that the approval by the Chief Executive to award the contract to CDW Limited to a maximum value of £1,327,200.68 exclusive of VAT be noted, and (2) that it be acknowledged that this recommendation follows the completion of the procurement procedure where the tender recommended for award has been evaluated as providing the most economically advantageous tender in terms of cost and quality for the Council.
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FINANCE AND RESOURCES - 1 MARCH 2023 115 CONTRACTS AWARDED BELOW COMMITTEE APPROVAL THRESHOLD 25. There was submitted a report by the Chief Officer (Assets and Procurement) notifying the Committee of contracts awarded between 1 October to 31 December 2022 with a value below the financial threshold requiring Committee approval. Decided: that the contracts awarded below Committee approval threshold between 1 October and 31 December 2022, as per the process within the Council's General Contract Standing Orders, be noted. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following item on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 8 and 9 of Part 1 of Schedule 7A of the Act. DISPOSAL OF FORMER WILLOWBANK SCHOOL, 299 BANK STREET, COATBRIDGE, ML5 1EG 26. There was submitted a report by the Chief Officer (Assets and Procurement) seeking consent to sell the site of the former Willowbank School at 299 Bank Street, Coatbridge to the highest bidder at the closing date following a marketing campaign. Decided: (1) that the sale of the site of the former Willowbank School at 299 Bank Street, Coatbridge, on the terms as detailed within the report, to the highest bidder or their nominees be approved, and (2) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement). PROPOSED PURCHASE OF HOUSES AT BERTRAMFARM, SHOTTS 27. There was submitted a report by the Chief Officer (Assets and Procurement) seeking consent to acquire ten houses at Bertramfarm, Shotts to support the Council’s new housing supply programme. Decided: (1) that the purchase of ten houses at Bertramfarm, Shotts, on the terms as detailed in the report, subject to grant funding approval from the Scottish Government, be approved, and (2) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement). DRUMCAVEL ROAD/LOCHEND ROAD, GARTCOSH – LICENCE FOR OFF-SITE JUNCTION UPGRADE WORKS 28. There was submitted a report by the Chief Officer (Assets and Procurement) seeking approval to amend the terms of the previously approved licence to include additional Council land to allow off-site junction improvement works at the junction of Drumcavel Road with Lochend Road, Gartcosh with the works being associated with a mixed-used private development on Avenuehead Road, Moodiesburn.
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FINANCE AND RESOURCES - 1 MARCH 2023 116 Decided: (1) that the contents of the report be noted, and (2) that the amendments to the original licence terms, as detailed in the report, be approved. PROPOSED PURCHASE OF HOUSES AT TORRANCE PARK, HOLYTOWN 29. There was submitted a report by the Chief Officer (Assets and Procurement) seeking consent to acquire up to eight terraced houses at Torrance Park, Holytown to support the Council’s new housing supply programme. Decided: (1) that the purchase of an initial four terraced houses at Torrance Park, Holytown on the terms as detailed in the report, and subject to grant funding approval from the Scottish Government, be approved; (2) that the purchase of an additional four terraced houses at Torrance Park, Holytown, subject to the local area housing office confirming its requirements for the stock, be approved, and (3) that all other terms and conditions be adjusted by the Chief Officer (Assets and Procurement).
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PLANNING - 2 MARCH 2023 117 2 March 2023 at 10 am A Meeting of the PLANNING COMMITTEE PRESENT Councillor Currie, Vice-Convener; Councillors Baudo, Brennan, Burgess, Bustard, Cairns, Campbell, M. Coyle, S. Coyle, Docherty, Jarvie, T. Johnston, Lennon, Logue, Loughran, McDade, McManus, McNally, McPake, Robb, Robinson, Smith, L. Stubbs and Woods. ALSO PRESENT Councillor Patton. CHAIR In the absence of the Convener, Councillor Currie (Vice-Convener) presided. IN ATTENDANCE Chief Officer (Place), Planning and Place Manager, Planning Manager (North), Planning Manager (South), Planning Manager (Strategy and Policy) and Principal Democratic Officer. APOLOGY Councillor Shevlin. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The meeting noted that there were no declarations of interest. PLANNING APPLICATIONS INDEX 2. There was submitted a report by the Chief Officer (Place) detailing an application for planning consent. In respect of Planning Application 22/00296/MSC, the Chair advised that a new neighbourhood notification process would require to be undertaken and proposed that consideration of the application be continued, which was agreed. Decided: that the application be dealt with in accordance with the Annex to this Minute. NOTICE OF PLANNING AND ENFORCEMENT NOTICE APPEAL DECISIONS 3. There was submitted a report by the Chief Officer (Place) advising of one recent decision in respect of a planning and enforcement notice appeal. Decided: that the report be noted.
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PLANNING - 2 MARCH 2023 118 PLANNING PERFORMANCE FRAMEWORK 2021/2022 4. There was submitted a report by the Chief Officer (Place) (1) informing of the Scottish Government feedback on the performance of the Planning and Place Service for the period from 1 April 2021 to 31 March 2022 based on the Planning Performance Framework; (2) intimating that the Planning Performance Framework was prepared annually and detailed the performance of the Council against the key performance indicators agreed by the Scottish Government; (3) advising that the report sets out the achievements of the Planning Services under four headings, namely the Quality of Outcomes, Quality of Service and Engagement, Governance and Culture of Continuous Improvement; (4) providing details of case studies in the 2021/2022 report, which focused on a range of topics, as set out in Section 2.4 of the report; (5) indicating that, for 2021/2022, the Council received nine green markers, two amber and one red, the rationale for which was set out in Sections 2.5 to 2.11 of the report, and (6) providing details of the Planning Performance Framework: Service Improvement Actions for 2022/2023. Decided: that the terms of the report be noted. NATIONAL PLANNING FRAMEWORK 4 – UPDATE ON IMPLEMENTATION 5. There was submitted a report by the Chief Officer (Place) (1) setting out the implications for the Council as a result of the adoption of the National Planning Framework 4 and the application of the National Planning Policies contained within it; (2) intimating that National Planning Framework 4 became part of the statutory development plan for North Lanarkshire on 13 February 2023, and (3) advising that, from 13 February, there was a requirement to adhere to the National Planning Policies when making decisions on planning applications and that existing Scottish Planning Policy and, notably, the Clydeplan Strategic Development Plan were no longer in force and their provisions were no longer to be considered when making planning decisions. Decided: (1) that the adoption of National Planning Framework 4 as part of the development plan and the subsequent effect on the consideration of applications for planning permission be noted, and (2) that further reports setting out proposals for meeting the new requirements introduced by National Planning Framework 4 and the changes to the planning system be submitted to future meetings of the Committee. DRAFT SUPPLEMENTARY GUIDANCE: AFFORDABLE HOUSING, PLANNING AND NOISE AND ANTONINE WALL – WORLD HERITAGE SITE 6. There was submitted a report by the Chief Officer (Place) (1) seeking approval to undertake external consultation for new statutory Affordable Housing Supplementary Guidance, relating to guidance for developers and landowners on how an identified shortfall in the provision of affordable housing in the Cumbernauld Housing Sub-Market Area would be addressed; (2) proposing that external consultation be undertaken for the Frontiers of the Roman (Antonine Wall) World Heritage Sites Supplementary Guidance July 2022, which was intended for use by developers and landowners, the general public and other agencies when seeking to undertake built development; (3) advising that a consultation on the statutory public guidance note – SPG15A Planning and Noise would be carried out as National Planning Framework 4 had been adopted by the Scottish Government; (4) intimating that a consultation on Airdrie Town Action Plan would deal specifically with a pilot Conservation Area appraisal for Victoria and Town Centre Conservation Area which will inform the Evidence Report that is a requirement of the next Local Development Plan; (5) providing details of the consultation procedure which will be undertaken, and (6) intimating that, following the outcome of the consultations, the documents would be finalised and submitted for Committee approval prior to submission to the Scottish Government;
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PLANNING - 2 MARCH 2023 119 Decided: (1) that the draft Policy Guidance attached in Appendices 1, 2 and 3 to the report and the proposed consultation arrangements be approved; (2) that the final Policy Guidance on the Affordable Housing Supplementary Guidance, the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site Supplementary Guidance July 2022 and the Supplementary Guidance Note – SG 15A Planning and Noise be submitted to a future meeting of the Committee for approval, and (3) that it be noted that the consultation on the Airdrie Town Action Plan will include an element that could become a template for including Conservation Area Appraisals in the Evidence Report for the next North Lanarkshire Local Development Plan.
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PLANNING - 2 MARCH 2023 120 ANNEX Application No: 22/00296/MSC Applicant: Mr W.D. and R.T. Hill Development/Locus: Construction of 401 Houses and Ancillary Infrastructure: MSC Application for development at Wemysshill North in respect of Conditions 1, 3, 4, 5, 6, 7, 8, 9, 10, 18, 21 and 22 of Permission ref: 20/01468/S42 - (Residential Development and Associated Uses, including Community Uses and Retail) - Wemysshill Farm, Castlehill Road Overtown Decision: Contined for further consideration
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POLICY AND STRATEGY - 16 MARCH 2023 121 16 March 2023 at 2 pm. A Meeting of the POLICY AND STRATEGY COMMITTEE PRESENT Councillor Logue, Convener; Councillor Kelly, Vice-Convener; Councillor Roarty, Vice-Convener; Councillors Barclay, Beveridge, Brannan-McVey, Brennan, Campbell, Carragher, Di Mascio, Duffy, Goldie, Jones, Leckie, Loughran, Masterton, McBride, Nolan, Robinson, Stevenson, A. Stubbs, Sullivan and Watson. ALSO PRESENT In accordance with Standing Order 64(A) Councillors Robb and Smith attended as substitutes for Councillors Hume and Larson respectively. CHAIR Councillor Logue (Convener) presided. IN ATTENDANCE The Chief Executive; Depute Chief Officer; Chief Officer (Health and Social Care); Chief Officer (Finance); Chief Officer (Legal and Democratic); Chief Officer (Business and Digital); Chief Officer (Strategic Communication and Engagement); Chief Officer (People Resources); Chief Officer (Education – South); Chief Officer (Place); Chief Officer (Community Operations); Chief Officer (Place); Chief Officer (Audit and Risk); Property Manager (Estate Development) and Democratic Services Manager. ALSO IN ATTENDANCE L. Smith and J. McParland. APOLOGIES` Councillors Hume and Larson. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor Watson, by virtue of being the Convener of the Audit and Scrutiny Panel, declared a connection in respect of agenda item 13 – Risk Management Strategy – and further declared that he considered the interest sufficiently remote that it did not preclude his participation in consideration of that matter. MINUTE OF MEETING OF THE AUDIT AND SCRUTINY PANEL HELD ON 24 NOVEMBER 2022 2. There was submitted a Minute of the meeting of the Audit and Scrutiny Panel held on 24 November 2022. Decided: that the Minute of the meeting of the Audit and Scrutiny Panel held on 24 November 2022 be approved.
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POLICY AND STRATEGY - 16 MARCH 2023 122 PO12.1(1) – STRATEGIC CAPITAL INVESTMENT PROGRAMME 2023/24 TO 2025/26 – UPDATE 3. There was submitted a report by the Depute Chief Executive providing an annual update on the Council’s Strategic Capital Investment Programme including an update on available resources and expected profile of expenditure over the period (1) highlighting the £709m of Capital Investment plans from 2021/22 to 2025/26 in support of the Council’s long-term ambitions for place shaping transformation of towns and communities; (2) providing a narrative on the level of investment in the Council’s Housing provision through the Housing Revenue Account, with the total investment in North Lanarkshire’s communities to be £1.332bn over the current five-year planning period; (3) explaining that the current Strategic Capital Investment Programme demonstrates £159.702m in external funding; (4) advising that the Council carries out ongoing reviews of the Capital Strategy, with the current one due for review in 2022/23 and with a revised Strategy intended to be in place for 1 April 2023, however, given the intention to commence work on the development of a new five-year programme from 1 April 2024, the wider review of the Strategy had been delayed to ensure appropriate alignment with the Council’s updated Programme of Work, and (5) attaching, as Appendices to the report, the Strategic Capital Investment Programme updated programme profile and the updated Terms of Reference and Governance Framework for the Strategic Capital Delivery Group which had been reviewed to ensure that this group properly reflects the Council’s current organisational structure. Decided: (1) that the 2023/24 Strategic Capital Investment Programme, as outlined in Appendix 1 to the report, be approved; (2) that the updated profile of the Strategic Capital Investment Programme from 2024/25 to 2025/25, as outlined in Appendix 1 to the report, be approved; (3) that the extension of the current Capital Strategy to 31 March 2024, as outlined in the report, be approved, and (4) that the updated Terms of Reference and Governance Framework for the Council’s Strategic Capital Delivery Group, as outlined in Appendix 2 to the report, be approved. PROGRAMME OF WORK FOR 2022/23 4. There was submitted a report by the Chief Executive (1) advising that, since the Committee had approved the Council’s first strategic Programme of Work in 2019, an annual review process has ensured its ongoing currency and relevancy; (2) confirming that, traditionally, annual Programme of Work updates to the Committee have covered three related aspects namely (a) looking back at what has been delivered; (b) providing updated results for the 28 Health Check Indicators, and (c) setting out the Programme of Work for the year ahead; (3) indicating that further work has now been undertaken during 2022/23 to reframe the Programme of Work in line with the current North Lanarkshire context presented through the Health Check Indicators and that, following this work, this year’s approach separates these three aspects into three individual reports on the agenda for this Committee; (4) considering what has been delivered to date as part of the Programme of Work; (5) highlighting the key developments that have been achieved in terms of creating the economic, social and community conditions that would enable local people and communities to thrive, and (6) providing focus on the investment to date to establish solid foundations that support the place based ambition, including the provision of high quality housing, hubs at the heart of local communities, transformation of Town Centres and enhancements to active greenspaces to bring physical and health benefits. Decided: (1) that the extent of the achievements to date, as set out in the report, which have been delivered through the Programme of Work to date be recognised, and
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POLICY AND STRATEGY - 16 MARCH 2023 123 (2) that it be recognised that the commitment, made in March 2022, to reframe the future Programme of Work had been fulfilled through the three corresponding reports on the agenda at this Committee namely what had been delivered, the results of the 28 Health Check Indicators and the new Programme of Work for 2023 and beyond. STRATEGIC PERFORMANCE FRAMEWORK – THE NORTH LANARKSHIRE CONTEXT 5. There was submitted a report by the Chief Officer (Business and Digital) (1) explaining that The Plan for North Lanarkshire is supported by a suite of high level Health Check Performance Indicators that collectively provide the context for North Lanarkshire as a place; (2) intimating that the suite of indicators has also played an important role in terms of informing the Council’s Strategic Planning process through the Programme of Work; (3) reporting on a number of data sets which have demonstrated the positive trend; (4) confirming that, although these positive indicators are welcome, a number of challenges remain, and (5) attaching, as an Appendix to the report, the latest results and the North Lanarkshire commentary. Decided: (1) that the key role that the Health Check Indicators play, in providing the evidence base from which progress in delivering on The Plan for North Lanarkshire can be regularly assessed, be noted, and (2) that the latest results, as set out in Appendix 1 to the report, and the successes and challenges summarised in the report, be noted. THE PLAN FOR NORTH LANARKSHIRE – PROGRAMME OF WORK TO 2028 6. There was submitted a report by the Chief Executive (1) reporting that significant and far-reaching progress has been achieved against the ambition to make North Lanarkshire the place to Live, Learn, Work, Invest and Visit with these being delivered against the backdrop of high levels of deprivation, a cost of living crisis and during a global pandemic; (2) explaining that, following a commitment in March 2022 to reframe the future Programme of Work, three linked reports are presented to the Committee at this meeting with two of these relating to the Programme of Work for 2022/23 and the Strategic Performance Framework – The North Lanarkshire Context demonstrating the success of the Programme of Work to date and the evidence base; (3) intimating that clear opportunities remain to further strengthen an approach that concentrates effort and delivers further unified solutions; (4) explaining that it is intended to expand the reach of the impact and to ensure that work has the biggest impact where it is needed most, whilst building evidence that the programmes, projects and activities implemented were having the desired effect on the lives of all who live in North Lanarkshire - both now and in the future; (5) providing an initial overview of the creation of the Programme of Work Development Group and how the original Programme of Work has been enhanced and reframed whilst remaining flexible and adaptable in the face of future challenges; (6) informing the Committee that the revised model would better reflect and inform the Council’s financial strategy, which is pivotal in ensuring that there is strong financial governance and robust, affordable and sustainable financial plans and which is particularly important in the current financial climate where funding is unlikely to keep place with inflationary and service demand pressures, and (7) presenting proposed significant enhancements planned for the new Programme of Work with high-level details for each proposal listed within the report. Thereafter, the Committee received a presentation on the new Programme of Work from L. Smith and J. McParland. Decided: that the Programme of Work, as set out in the report, be approved.
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POLICY AND STRATEGY - 16 MARCH 2023 124 STRATEGIC POLICY FRAMEWORK – ANNUAL REVIEW AND REFRESH 7. There was submitted a report by the Chief Officer (Business and Digital) (1) explaining that, since approval of The Plan for North Lanarkshire, and the alignment of the Strategic Policy Framework, many strategies, policies and plans have been developed, reviewed and updated, approved and implemented to support achievement of the Council’s long-term vision; (2) explaining that, by providing a way to ensure a regular monitoring and review process, the Strategic Policy Framework has ensured that services and activities remain aligned to The Plan for North Lanarkshire as well as the relevant local and national strategy, policy and legislative context; (3) advising that, due to the significant change since the Strategic Policy Framework Review Programme was initially created in 2018, the report to the Committee in March 2022 had represented the outcome of a significant review exercise undertaken at that time and, therefore, the 2023 annual review had been more light touch, with the main changes being reflected in the review programme; (4) confirming that maintenance of this Programme would continue to ensure that each of the strategies, policies and plans within the Strategic Policy Framework remain up to date or are scheduled to be updated at an appropriate interval and reported to the relevant Committee for due consideration and approval by Elected Members, and (5) presenting the refreshed Strategic Policy Framework, attached at Appendix 1 to the report, and explaining that, within this Appendix, sub-Appendix A provides guidance to support future development and monitoring processes while sub-Appendix B sets out the accompanying review programme. Decided: (1) that the role of the Strategic Policy Framework in delivering The Plan for North Lanarkshire, and in ensuring each of the strategies, policies and plans listed therein remains up to date or is scheduled to be updated at an appropriate interval and reported to the relevant Committee, be acknowledged, and (2) that the refreshed Strategic Policy Framework, and the accompanying Review Programme, be approved. COST OF LIVING RESPONSE 8. There was submitted a report by the Chief Officer (Community Operations) providing an update on the measures that were agreed to be introduced by the Council in November 2022 to assist residents with the current cost of living crisis (1) providing information on the impact which the cost of living crisis has had, and is having, on Scottish households; (2) providing detail on the proposed Work Local campaign which would enhance the options for staff to work from various Council buildings to mitigate against the impact of higher fuel bills, both in travelling and in heating homes; (3) advising that the purpose of the “Drop-In Spaces” initiative was to provide accessible locations across the Council area, which residents could access to assist with the current crisis, with the aim being that they were to provide spaces for people to attend so that they did not have to heat their own homes at certain periods of the day, provide a space which allowed social interaction and hot food and drinks, and a point which could be utilised to provide access to a variety of health and wellbeing supports; (4) providing a narrative on the Cost of Living Helpline; (5) outlining the communication strategy that was launched in October 2022, together with supporting materials; (6) outlining the next steps to be followed, including the intention to continue to collect data over the coming months and then to incorporate the findings into an overall tackling poverty strategy for the Council so as to determine whether there is merit in continuing all, some or none of the initiatives going forward; (7) clarifying that it is not proposed to extend the funding for the Drop-In Spaces initiative past 31 March 2023 and that the provision of free tea and coffee at the 58 Work Local premises would also cease and that, instead, a full review of the initiatives would be undertaken by the Community Partnership Team on the levels of uptake and success across all participating organisations, with a further report to then be presented to the Wellbeing and Tackling Poverty Committee during Cycle 3 2023 containing a recommendation as to whether funding should be continued and, if so, at what level and to which organisations; (8) clarifying that, any decision to continue funding will be aligned to the ongoing budgetary considerations for the Council, and (9) attaching, as Appendices to the report, a list of community groups providing drop-in
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POLICY AND STRATEGY - 16 MARCH 2023 125 spaces, the online monitoring form for Community Groups, a user survey for drop-in spaces and a digital analysis of the cost of living campaign. Decided: (1) that the continued actions being taken to provide assistance relevant to the current cost of living crisis be endorsed; (2) that a review of the success of the drop-in spaces initiative be undertaken by the Community Partnership Team following cessation of the current funding on 31 March 2023, and (3) that a report be presented to the Wellbeing and Tackling Poverty Committee during Cycle 3 2023 with a recommendation as to whether funding should be continued and, if so, at what level and to which organisations. FACILITIES TO SUPPORT THE NHS LANARKSHIRE VACCINATION PROGRAMME 9. There was submitted a report by the Chief Officer (Community Operations) providing details of the support that could be offered to NHS Lanarkshire in support of its overall vaccination programme up to and including 31 December 2023. Decided: that the proposals as outlined in the report to allow continued support of the vaccination programme within Lanarkshire be supported. OPEN SPACE STRATEGY - UPDATE 10. There was submitted a report by the Chief Officer (Place) (1) advising that the Planning (Scotland) Act 2019 introduced new statutory duties on councils to prepare and publish an Open Space Strategy (OSS) and Play Sufficiency Assessment (PSA) to assess the sufficiency of play opportunities for children in their area; (2) clarifying that the OSS must contain an audit of existing open space provision and an assessment of current and future requirements; (3) highlighting that the Act also introduces a requirement for planning authorities to carry out a Play Sufficiency Assessment; (4) advising that work is underway on the development of the Council's OSS which will set out a strategic framework for the future development, maintenance and use of open spaces and agreed networks, and (5) providing an update on the progress of the OSS and of the steps taken in developing and operating a framework that will enable the audit to be undertaken. Decided: that the approach being taken to develop an Open Space Strategy, including the arrangements for undertaking the Open Space Audit and Play Sufficiency Assessment, be endorsed. UK SHARED PROSPERITY FUND - UPDATE 11. There was submitted a report by the Chief Officer (Place) providing an update in relation to the North Lanarkshire Investment Plan for the UK Shared Prosperity Fund (1) reminding the Committee that, as previously reported, North Lanarkshire received the conditional allocation of £13,871,047, providing a mix of capital and revenue funding, for projects which meet the UK Shared Prosperity Fund's (UKSPF) three investment priorities – communities and place, support for local businesses and people and skills; (3) detailing that North Lanarkshire's investment priorities, interventions, outputs and outcomes were submitted as part of the Glasgow City Region (GCR) Investment Plan on 1 September 2022 and approved by the UK Government on 5 December 2022, with Glasgow City Council, on behalf of the GCR, signing a Memorandum of Understanding with the UK Government and accepting the Grant Determination Letters in December, with that Council now in receipt of the first year's (2022/23)
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POLICY AND STRATEGY - 16 MARCH 2023 126 allocation of funding, with work being undertaken to develop a pass-down agreement and associated assurance framework to be signed by the eight member authorities of the GCR, which will be followed by the distribution of the initial tranche of funding to each authority; (4) highlighting that, to prepare for the first report to the UK Government during March 2023, officers are reviewing the projected spend and outputs/outcomes set out in the North Lanarkshire Investment Plan with a view to reprofiling spend, outputs and outcomes and with no substantive changes to planned activity foreseen at this stage; (5) indicating that this report would be submitted to the UK Government along with a credible plan to deliver 2022/23 spend during 2023/24 and, once approved, will release the second year's funding allocation; (6) informing the Committee that a UK SPF Project Board had been established, chaired by the Chief Officer (Place) as the Senior Responsible Officer, with the report setting out the main responsibilities of the Board, and (7) attaching, as Appendices, to the report, copies of various UK SPF documents. Decided: (1) that work that is underway to re-profile 2022/23 budget allocations, and the proposal to submit an updated plan to the UK Government in March 2023, be acknowledged; (2) that the proposed governance arrangements and delegated authority requirements as set out in the report be approved, and (3) that the proposal to provide an annual progress report to Committee on the delivery of the Shared Prosperity Fund be endorsed. ABRONHILL COMMUNITY HUB 12. There was submitted a report by the Chief Officer (Assets and Procurement) (1) reminding the Committee that it had previously agreed, on 1 October 2020, that feasibility works associated with Abronhill Community Hub could commence; (2) advising that feasibility work for this project is now complete and it has been determined that it is feasible for a Hub to house two primary schools on a shared campus, a family learning centre, a health centre and community facilities – at the proposed site; (3) reflecting on the ongoing volatility within the market, such as inflation pressures, all of which are placing significant pressure on the Council's capital budget; (4) advising that, due to insufficient availability of funds at this time, this project cannot be taken forward and that the Hub Programme Board had reviewed the overall programme and recommended that future work on the Abronhill Community Hub Project should be deferred to such times as sufficient funding becomes available, and (5) explaining that the project will be evaluated, as a viable project, during the preparation of the next five-year capital plan which will be developed during 2023 for commencement on 1 April 2024. During consideration of this matter, Councillor Barclay sought a commitment that this project would not be left behind or forgotten and that a timetable be developed and it, along with any updates on the project, be communicated to the community on a regular basis. Thereon, the Property Manager (Estate Development), on behalf of the Chief Officer (Assets and Procurement), gave such commitment. Decided: (1) that the pressures on the Council's Capital Programme and the budget associated with the Town and Community Hub Programme be recognised; (2) that it be acknowledged that the Abronhill Community Hub Project will not be progressed at this time, and (3) that it be recognised that this project will be a key consideration as part of the next Capital Programme allocations.
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POLICY AND STRATEGY - 16 MARCH 2023 127 Prior to consideration of the following item of business, Councillor Watson had declared, by virtue of being the Convener of the Audit and Scrutiny Panel, a connection and had further declared that he considered the interest sufficiently remote that it did not preclude his participation in consideration of this matter. PROPOSED RISK MANAGEMENT STRATEGY 2023-2026 13. There was submitted a report by the Chief Officer (Audit and Risk) seeking approval for a revised and updated Risk Management Strategy for the period 2023-2026 (1) presenting, as attached at Appendix 1 to the report, the proposed updated Strategy which was intended to replace the previous version which had been approved by the Committee in March 2020; (2) indicating that the proposed changes to the Strategy are, overall, relatively minor and are designed to deliver incremental improvements to what is assessed as an already sound approach consistent with current risk management good practice; (3) explaining that the revised Strategy reflects the Council's current organisational structures and corporate expectations in respect of risk management; (4) confirming that effective risk management arrangements form an important element of good corporate governance and are designed to ensure that the Council operates systematic and logical processes for managing risks within a comprehensive framework, thereby ensuring that identified risks are managed consistently, effectively, efficiently and coherently across the organisation, and (5) reporting that the Audit and Scrutiny Panel has regular oversight of the Council's risk management arrangements and receives regular reports from senior officers on the operation of the Council's risk management arrangements as well as the management of key corporate risks. Decided: (1) that the revised Risk Management Strategy, and accompanying guidance, attached at Appendix 1 to the report, be approved, and (2) that the role of the Audit and Scrutiny Panel in providing ongoing Elected Member oversight of the adequacy and effectiveness of the Council's risk management arrangements be endorsed. GOLDEN WEDDING RECEPTION 14. There was submitted a report by the Chief Officer (Legal and Democratic) (1) providing a background to the commencements and ongoing holding of Golden Wedding Anniversary celebrations for residents of both North and South Lanarkshire Council areas since 1997; (2) providing information on the costs to the Council for holding these events and the impact this has on the overall Civic Functions budget; (3) proposing that, moving forward, the practice of holding an annual Golden Wedding Reception cease and that the funds which will and released be made available for other civic recognition events for individuals, organisations and charities throughout North Lanarkshire, and (4) confirming that South Lanarkshire Council has been advised of the proposal and that further discussion would be held with officers of that authority subject to the recommendation being approved at the Committee. Decided: that the cessation of the arrangements for holding an annual Lanarkshire Golden Wedding Reception, from 2023 onwards, be approved. ANNUAL REVIEW OF THE WHISTLEBLOWING PROCEDURE 15. There was submitted a report by the Chief Officer (Legal and Democratic) (1) reminding the Committee that the Whistleblowing Policy provides a mechanism for employees of the Council and other workers to report a concern about serious wrong doing within the organisation and to do so with security and in confidence; (2) reporting that the annual review of the Whistleblowing Policy had been undertaken
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POLICY AND STRATEGY - 16 MARCH 2023 128 on its use; (3) confirming that the policy itself had been reviewed and it is proposed that no amendments are required necessary at this time, and (4) attaching, as an Appendix to the report, the Council’s Whistleblowing procedure. Decided: that the contents of the report be noted. WORKFORCE FOR THE FUTURE – ACADEMY MODEL DEVELOPMENT PROGRESS UPDATE 16. There was submitted a report by the Chief Officer (People Resources) (1) reminding the Committee that the Council has a well established Workforce for the Future Strategy, which takes forward the aspirations of The Plan for North Lanarkshire to drive inclusive growth; (2) indicating that, by enabling businesses to grow and develop their workforce, the strategy provides the basis to create jobs and meet employment demand and that engaging with key industry sectors as part of the Academy Model is critical to its future success; (3) providing an update, following a full update on progress with this work to the Committee in December 2022, on further progress towards developing a Built Environment Academy and setting out the proposed Terms of Reference for a formal Sector Skills Board, to be commissioned by the Council for this important industry sector, which includes construction and built environment, and (4) outlining the progress made towards developing a similar Sector Board for Health and Social Care and on the steps taken to align the efforts of the Council, South Lanarkshire Council and NHS Lanarkshire to attract, retain, develop and support a workforce for the future. Decided: (1) that the progress towards developing a Built Environment Academy, and in particular the completion of the options appraisal exercise, be acknowledged; (2) that the progress towards developing and agreeing a Memorandum of Understanding between North Lanarkshire Council, South Lanarkshire Council and NHS Lanarkshire for the Health and Social Care sector be acknowledged; (3) that the commissioning of a Built Environment Sector Board, as detailed within the report, be approved, and (4) that the implementation of a Health and Social Care Sector Board be progressed. OUR FUTURE WORKPLACE – EXTENSION TO THE HYBRID WORKING SCHEME 17. There was submitted a report by the Chief Officer (People Resources) (1) reminding the Committee that the Council has a clear ambition to create a more agile and collaborative workplace environment to enable employees to work digitally, flexibly and in locations which are closer to, and within, communities; (2) highlighting that over the previous two years, and accelerated by the requirements of the pandemic, the Council has been on a journey to develop flexible work spaces and technology that have brought several significant benefits to staff and services; (3) confirming that, following approval by the Committee at its meeting in December 2021, the Council implemented its first Hybrid Working Scheme for an initial period of 12 months, effective from 1 April 2022, that the implementation of this Scheme was based on significant manager, staff and trade union consultation, and that there has been a continuation of staff engagement during the operation of the scheme, and (4) reporting that the first 12 months of the Scheme will expire in March 2023 and seeking approval for the proposed next steps for the Hybrid Working Scheme as the Council responds to the challenges and opportunities presented over the next few years.
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POLICY AND STRATEGY - 16 MARCH 2023 129 Decided: (1) that the extension of the Hybrid Working Scheme for a further 12 months to 31 March 2024 be approved, and (2) that the commitment to explore opportunities for a permanent scheme during this time, to provide increased flexibility for hybrid staff whilst ensuring performance, productivity and staff wellbeing are maintained, be noted. LEADERSHIP AND OPERATING MODEL 18. There was submitted a report by the Chief Officer (Education South) (1) reminding the Committee of approvals it provided in December 2021 to take a three-phased approach to the Leadership and Operating Model over a ten year period which, pragmatically, provides a period of transition as the new Town and Community Hub Infrastructure is established as part of the Council’s place based plans, with hubs fundamentally providing the networks and services that meet the needs of people from across communities and to support improved outcomes; (2) outlining delivery during phase 1 and setting out a two-year plan for phase 2 as an integrated provision that depends on strategic alignment between projects and programmes delivering against The Plan for North Lanarkshire; (3) highlighting the importance of an iterative phased and structured approach to engaging and involving partners, stakeholders and the community and voluntary sector with the new ways of working together, which are required; (4) confirming that, with the economic and financial challenges ahead, it is important that the Council learns and gains confidence as to what works with communities, ensuring that it develops a hub provision that better meets their needs, and will have a greater impact on outcomes, due to the involvement of individuals who will access them; (5) seeking approval of the two-year plan in order to grasp the challenges and opportunities ahead to take North Lanarkshire towards its longer term operating model; (6) detailing the proposed next steps, and (7) attaching, as Appendices to the report, a series of documents providing further information and guidance on the project and model including, at Appendix 7 to the report, a graphical representation of the activity audit of community use of facilities. Decided: (1) that the integrated provision approach taken to the two-year plan, given the dependencies across different areas of work and the requirement to work effectively across teams to align and deliver these efficiently within agreed budget parameters, be approved, and (2) that the activity analysis work, as detailed in Appendix 7 to the report, that has been completed across all nine Community Board areas to form a baseline understanding of current activity across Council assets to help future planning in line with ambition statements 24 and 25, and to support the progression of this work in phase 2 to include community and voluntary organisations to provide a fuller picture across North Lanarkshire, be noted. CONTRACT AWARD FOR POSTAL SERVICES 19. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) (1) explaining that the Council requires provision of a variety of mail services on an ongoing basis in order to meet its statutory obligations across a range of service areas and that mail services require to be continuously available to the Council with no delay or break, and (2) seeking approval of the award of a call off contract for the provision of postal services to Royal Mail Group Limited for the period 1 July to 31 December 2023 with an estimated contract value of £450,000 exclusive of VAT. Decided: that the award of the contract to Royal Mail Group Limited for six months, with a contract value of £450,000, exclusive of VAT, be approved.
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POLICY AND STRATEGY - 16 MARCH 2023 130 It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 8 and 9 of Part 1 of Schedule 7A of the Act. THE CENTRE, CUMBERNAULD 20. There was submitted a report by the Chief Officer (Place) providing an update to the Committee on progress with the planned acquisition and re-development of The Centre, Cumbernauld and seeking endorsement of the acquisition of The Centre at the previously agreed purchase price. Decided: (1) that the progress that is being made in taking forward previously approved proposals for the acquisition of The Centre, Cumbernauld, as outlined in the report, be acknowledged, and (2) that the purchase of The Centre, Cumbernauld, subject to conclusion of any final due diligence, at the previously approved purchase price, as set out in the report, be approved.
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REGULATORY - 21 MARCH 2023 131 Motherwell, 21 March 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillor McVey, Vice-Convener; Councillors Ballinger, Baudo, Beveridge, Crichton, Dunbar, Fisher, Hughes, Robb and Thomas. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Principal Solicitor and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE In respect of paragraphs 1 to 4 – Sergeant Brown, Police Scotland. APOLOGIES Councillors Docherty, Shevlin and Watson. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS (1) PRIVATE HIRE DRIVER’S LICENCE – NEW APPLICATION – SUKHVIR SINGH 2. There was submitted (1) an application by Sukhvir Singh for a Private Hire Driver’s Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Administrative Officer then indicated that Sukhvir Singh was not in attendance. The Committee then heard Sergeant Brown advise that, given the circumstances, she had no objection to consideration of the application being continued. Decided: that consideration of the application by Sukhvir Singh for a Private Hire Driver’s Licence be continued to allow the applicant a further opportunity to appear before the Committee to speak in respect of the application.
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REGULATORY - 21 MARCH 2023 132 (2) PRIVATE HIRE DRIVER’S LICENCE – COMPLAINT – DAVID HANLON 3. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted (1) a complaint received from the Chief Constable, Police Scotland, relative to David Hanlon, who currently held a Private Hire Driver’s Licence, and (2) character references for David Hanlon. The Administrative Officer then indicated that David Hanlon was not in attendance. The Committee then heard Sergeant Brown advise that, given the circumstances, she had no objection to consideration of the matter being continued. Decided: that consideration of the complaint received from the Chief Constable, Police Scotland, relative to David Hanlon, in respect of his Private Hire Driver’s Licence, be continued to allow David Hanlon a further opportunity to appear before the Committee to speak in respect of the matter. (3) PRIVATE HIRE CAR OPERATOR’S LICENCE – RENEWAL – DAVID HANLON 4. There was submitted (1) an application by David Hanlon for the renewal of his Private Hire Car Operator’s Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Administrative Officer then indicated that David Hanlon was not in attendance. The Committee then heard Sergeant Brown advise that, given the circumstances, she had no objection to consideration of the matter being continued. Decided: that consideration of the application by David Hanlon for the renewal of his Private Hire Car Operator’s Licence be continued to allow the applicant a further opportunity to appear before the Committee to speak in respect of the application. (4) TAXI OPERATOR’S LICENCE AND PRIVATE HIRE CAR OPERATOR’S LICENCE – RENEWALS (a) ROBERT JOHN THOMSON 5. There was submitted an application by Robert John Thomson for the renewal of his Taxi Operator’s Licence. The Principal Solicitor then advised the Committee that Robert John Thomson did not have an age compliant vehicle in accordance with the Council’s vehicle specification. The Committee then heard Robert John Thomson speak in respect of the application for the renewal of his Taxi Operator’s Licence. Thereafter, Robert John Thomson withdrew from the meeting and the Committee resumed consideration of the matter. Robert John Thomas was then readmitted to the meeting. Councillor Robb, seconded by Councillor Fisher, moved that the application by Robert John Thomson for the renewal of his Taxi Operator’s Licence be refused. Councillor McVey, seconded by Councillor Dunbar, moved, as an amendment, that the application by Robert John Thomson for the renewal of his Taxi Operator’s Licence be granted for a period of 18 months, effective from 30 June 2022.
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REGULATORY - 21 MARCH 2023 133 On a vote being taken, 4 Members voted for the amendment, 6 Members voted for the motion, and 1 Member abstained. The motion was accordingly declared carried. Decided: that the application by Robert John Thomson for the renewal of his Taxi Operator’s Licence be refused. (b) BRIAN BRYCE AND JOHN BOYLE 6. There was submitted an application by Brian Bryce and John Boyle for the renewal of their Taxi Operator’s Licence. The Principal Solicitor then advised the Committee that Brian Bryce and John Boyle did not have an age compliant vehicle in accordance with the Council’s vehicle specification. The Committee then heard John Boyle speak in respect of the application for the Renewal of his Taxi Operator’s Licence, which he jointly held with Brian Bryce. Thereafter, John Boyle withdrew from the meeting and the Committee resumed consideration of the matter. John Boyle was then re-admitted to the meeting. Councillor Robb, seconded by Councillor Fisher, moved that the application by Brian Bryce and John Boyle for the renewal of their Taxi Operator’s Licence be refused. Councillor Dunbar, seconded by Councillor Beveridge, moved, as an amendment, that the application by Brian Bryce and John Boyle for the renewal of their Taxi Operator’s Licence be granted for a period of 12 months, effective from 31 January 2023. On a vote being taken, 4 Members voted for the amendment, 6 Members voted for the motion, and 1 Member abstained. The motion was accordingly declared carried. Decided: that the application by Brian Bryce and John Boyle for the renewal of their Taxi Operator’s Licence be refused. (c) MARTIN JONES 7. There was submitted an application by Martin Jones for the renewal of his Private Hire Car Operator’s Licence. The Administrative Officer then indicated that Martin Jones was not in attendance. Thereafter, the Committee resumed consideration of the matter in Martin Jones absence. Decided: that consideration of the application by Martin Jones for the renewal of his Private Hire Car Operator’s Licence be continued to allow the applicant a further opportunity to appear before the Committee to speak in respect of the application. (d) KHALID AMIN 8. There was submitted an application by Khalid Amin for the renewal of his Private Hire Car Operator's Licence.
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REGULATORY - 21 MARCH 2023 134 The Principal Solicitor then advised the Committee that Khalid Amin did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Khalid Amin, who was accompanied by his wife, Ewelina Amin, speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, Khalid Amin and Ewelina Amin withdrew from the meeting and the Committee resumed consideration of the matter. Khalid Amin was then re-admitted to the meeting. Decided: that the application by Khalid Amin for the renewal of his Private Hire Car Operator's Licence be granted for a period of 18 months, effective from 28 February 2023. (e) ROBERT RAMSAY AND ROBERT RAMSAY JUNIOR 9. There was submitted an application by Robert Ramsay and Robert Ramsay Junior for the renewal of their Taxi Operator's Licence. The Principal Solicitor then advised the Committee that Robert Ramsay and Robert Ramsay Junior did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Robert Ramsay speak in respect of the application for the renewal of his Taxi Operator's Licence, which he jointly held with his son, Robert Ramsay Junior. Thereafter, Robert Ramsay withdrew from the meeting and the Committee resumed consideration of the matter. Robert Ramsay was then re-admitted to the meeting. Councillor Dunbar, seconded by Councillor Crichton, moved that the application by Robert Ramsay and Robert Ramsay Junior for the renewal of their Taxi Operator's Licence be granted for a period of 18 months, effective from 31 March 2023. Councillor Robb, seconded by Councillor Fisher, moved, as an amendment, that the application by Robert Ramsay and Robert Ramsay Junior for the renewal of their Taxi Operator's Licence be refused. On a vote being taken, 4 Members voted for the amendment, and 7 Members voted for the motion, which was accordingly declared carried. Decided: that the application by Robert Ramsay and Robert Ramsay Junior for the renewal of their Taxi Operator's Licence be granted for a period of 18 months, effective from 31 March 2023. (f) SAMUEL DEVOY 10. There was submitted an application by Samuel Devoy for the renewal of his Private Hire Car Operator's Licence. The Principal Solicitor then advised the Committee that Samuel Devoy did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Samuel Devoy speak in respect of the application for the renewal of his Private Hire Car Operator's Licence.
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REGULATORY - 21 MARCH 2023 135 Thereafter, Samuel Devoy withdrew from the meeting and the Committee resumed consideration of the matter. Samuel Devoy was then re-admitted to the meeting. Decided: that the application by Samuel Devoy for the renewal of his Private Hire Car Operator's Licence be granted for a period of 12 months, effective from 31 January 2023. The Convener, being of the opinion that the following item of business was of an urgent nature, authorised its consideration to enable the Committee to progress the matter timeously. (g) CRAIG STEWART 11. There was submitted an application by Craig Stewart for the renewal of his Private Hire Car Operator's Licence. The Principal Solicitor then advised the Committee that Craig Stewart did not have an age compliant vehicle in accordance with the Council's vehicle specification. The Committee then heard Craig Stewart speak in respect of the application for the renewal of his Private Hire Car Operator's Licence. Thereafter, Craig Stewart withdrew from the meeting and the Committee resumed consideration of the matter. Craig Stewart was then re-admitted to the meeting. Decided: that the application by Craig Stewart for the renewal of his Private Hire Car Operator's Licence be granted for a period of 18 months, effective from 30 November 2022.
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LOCAL REVIEW BODY - 22 MARCH 2023 136 22 March 2023 at 10 am. A Meeting of the LOCAL REVIEW BODY PRESENT Councillor Bustard, Vice-Convener; Councillors Brennan, Burgess, McManus, Shevlin, Smith and L. Stubbs. CHAIR In the absence of the Convener, Councillor Bustard (Vice-Convener) presided. IN ATTENDANCE The Planning Manager (Strategy and Policy); Senior Planning Officer and Principal Democratic Officer. APOLOGIES Councillors M. Coyle, Docherty and Logue. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The meeting noted that there were no declarations of interest. EXTRACT OF RELEVANT POLICY DOCUMENTS 2. There was submitted North Lanarkshire Local Development Plan and National Planning Framework 4 which would be used to determine the undernoted planning applications. Decided: that the contents of North Lanarkshire Local Development Plan and National Planning Framework 4 be noted. PLANNING APPLICATION NO. 22/00232/PPP - DWELLINGHOUSE WITH GARAGE AND ACCESS (IN PRINCIPLE) AT MILL ROAD, ALLANTON 3. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/00232/PPP – Dwellinghouse with Garage and Access (In Principle) at Mill Road, Allanton; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) a representation received from an interested party; (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location, and (5) North Lanarkshire Local Development Plan and National Planning Framework 4: Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure.
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LOCAL REVIEW BODY - 22 MARCH 2023 137 Thereon, the Local Review Body, having discussed and given consideration to the various submissions and representations and in particular, with regard to the policies contained within North Lanarkshire Local Development Plan and National Planning Framework 4, determined that the proposal was contrary to the Local Development Plan as it constituted inappropriate, sporadic and isolated development in the countryside and did not meet the appropriate criteria under Local Development Plan Policy PP 5 Countryside (Purpose of Place) or the standards of Local Development Plan Policy EDQ 1 Environmental and Design Qualities (Site Appraisal) and no justification, special circumstances or material considerations had been demonstrated to merit a departure from the Development Plan. Decided: that the decision by the Chief Officer (Place) to refuse Planning Application 22/00232/PPP for the Erection of a Dwellinghouse with Garage and Access (In Principle) at Mill Road, Allanton be upheld as the proposal was contrary to the Local Development Plan as it constituted inappropriate, sporadic and isolated development in the countryside and did not meet the appropriate criteria under Local Development Plan Policy PP 5 Countryside (Purpose of Place) or the standards of Local Development Plan Policy EDQ 1 Environmental and Design Qualities (Site Appraisal) and no justification, special circumstances or material considerations had been demonstrated to merit a departure from the Development Plan. PLANNING APPLICATION NO. 22/01029/PPP - SUB-DIVISION OF PLOT TO CREATE A SINGLE DWELLINGHOUSE (IN PRINCIPLE) AT 254 BONKLE ROAD, NEWMAINS 4. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/01029/PPP – Sub-Division of Plot to Create a Single Dwellinghouse (In Principle) at 254 Bonkle Road, Newmains; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties; (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location, and (5) North Lanarkshire Local Development Plan and National Planning Framework 4: Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure. Thereon, the Local Review Body, having discussed and given consideration to the various submissions and representations and in particular, with regard to the policies contained within North Lanarkshire Local Development Plan and National Planning Framework 4, determined that the development would introduce an uncharacteristic form of backland development that would be harmful to the semi rural character and visual appearance of the streetscene and general area contrary to Local Development Plan Policies EDQ 1 Environmental and Design Qualities (Site Appraisal) and EDQ 3 Environmental and Design Qualities (Quality of Development) and, in addition, the proposal failed to demonstrate that adequate visibility splays could be achieved in accordance with the speed of the road to the satisfaction of the Planning Authority and the intensification of the access combined with the lack of such visibility would result in an unacceptable degree of hazard to all road users to the detriment of road safety. Decided: that the decision by the Chief Officer (Place) to refuse Planning Application 22/01029/PPP for the Sub-Division of a Plot to Create a Single Dwellinghouse (in principle) at 254 Bonkle Road, Newmains be upheld as the proposed development would introduce an uncharacteristic form of backland development that would be harmful to the semi rural character and visual appearance of the streetscene and general area contrary to Local Development Plan Policies EDQ 1 Environmental and Design Qualities (Site Appraisal) and EDQ 3 Environmental and Design Qualities
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LOCAL REVIEW BODY - 22 MARCH 2023 138 (Quality of Development) and in addition, the proposal failed to demonstrate that adequate visibility splays could be achieved in accordance with the speed of the road to the satisfaction of the Planning Authority and the intensification of the access combined with the lack of such visibility would result in an unacceptable degree of hazard to all road users to the detriment of road safety. PLANNING APPLICATION NO. 22/01150/FUL - CHANGE OF USE OF OPEN SPACE TO GARDEN GROUND AT 87 BLANTYRE GARDENS, BLACKWOOD, CUMBERNAULD 5. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/01150/FUL – Change of Use of Open Space to Garden Ground at 87 Blantyre Gardens, Blackwood, Cumbernauld; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) a representation received from an interested party; (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location, and (5) North Lanarkshire Local Development Plan and National Planning Framework 4: Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure. Thereon, the Local Review Body, having discussed and given consideration to the various submissions and representations and, in particular, with regard to the policies contained within North Lanarkshire Local Development Plan and National Planning Framework 4 noted that the development failed to accord with PP 5 Countryside (Purpose of Place) and EDQ 1 to 3 Environmental and Design Qualities (Site Appraisal), (Specific Features for Consideration) and (Quality of Development) of the North Lanarkshire Local Development Plan as it would erode an area of planned landscaping which contributes to the visual setting of the wider residential area of Blackwood and would fail to integrate successfully with the streetscape to its visual detriment. Councillor Shevlin, seconded by Councillor Bustard, moved that the application be refused. Councillor Smith, seconded by Councillor Brennan, moved as an Amendment that the application be granted. On a vote being taken 2 Members voted for the Amendment and 5 Members voted for the Motion, which was accordingly declared carried. Decided: that the decision by the Chief Officer (Place) to refuse Planning Application 22/01150/FUL for the Change of Use of Open Space to Garden Ground at 87 Blantyre Gardens, Blackwood, Cumbernauld be upheld as the development failed to accord with PP 5 Countryside (Purpose of Place) and EDQ 1 to 3 Environmental and Design Qualities (Site Appraisal), (Specific Features for Consideration) and (Quality of Development) of the North Lanarkshire Local Development Plan as it would erode an area of planned landscaping which contributes to the visual setting of the wider residential area of Blackwood and would fail to integrate successfully with the streetscape to its visual detriment.