Legal and Governance | Harrogate Borough Council | PO Box 787 | Harrogate | HG1 9RW 01423 500600 www.harrogate.gov.uk

CABINET DATE: Wednesday, 12 December 2018 TIME: 5.30 pm VENUE: Council Chamber - Civic Centre, St Luke's Avenue, Harrogate, HG1 2AE Notice is hereby given that the above meeting will take place for the purpose following and, by virtue of Section 100B(4)(b) of the Local Government Act 1972, any other matter(s) which the Chair considers should be dealt with at the meeting as a matter of urgency.

AGENDA

Item Title Page

Number 1. APOLOGIES FOR ABSENCE: 2. DECLARATIONS OF INTEREST:

Members to advise of any declarations of interest.

3. MINUTES:

of the meeting of 14 November 2018. 1 - 4

4. EXEMPT INFORMATION:

To determine whether to exclude the press and public during the consideration of any exempt information items.

MATTERS TO BE DETERMINED BY CABINET 5. LOCAL GOVERNMENT ASSOCIATION CORPORATE PEER

CHALLENGE FINAL REPORT: The Director of Corporate Affairs to submit a written report.

5 - 8

6. CONSTRUCTION OF TEMPORARY ACCOMMODATION FOR

SINGLE HOMELESS PERSONS AT SPA LANE, STARBECK: FORWARD PLAN REF: C68NOV13: The Development Manager (Housing) to submit a written report.

9 - 18

Public Document Pack

Legal and Governance | Harrogate Borough Council | PO Box 787 | Harrogate | HG1 9RW 01423 500600 www.harrogate.gov.uk

MEMBERSHIP: Councillor Richard Cooper (Chair). Councillor Graham Swift, Councillor Rebecca Burnett, Councillor Mike Chambers, MBE, Councillor Phil Ireland, Councillor Stanley Lumley and Councillor Andrew Paraskos. Members are reminded that in order to expedite business at the meeting and enable Officers to adapt their presentations to address areas causing difficulty, they are encouraged to contact Officers prior to the meeting with questions on technical issues in reports. Members of the public are entitled to attend this meeting as observers for all those items taken in open session. The agenda papers may be examined at the Civic Centre, Harrogate and a copy may be purchased for £6.00. Please contact Elizabeth Jackson, Democratic Services Manager, at the Civic Centre, if you have any queries or need further information on this agenda - telephone or email Tel: 01423 500600 Email: democraticservices@harrogate.gov.uk.

EMERGENCY PROCEDURES FOR MEETINGS – FIRE: On hearing the fire evacuation alarm, you should leave the building by the nearest safe fire exit. Once outside the building, please assemble in the corner of the visitor car park at the front of the building opposite the main entrance. Persons should not re-enter the building until authorised to do so by the Fire and Rescue Service or the Emergency Co-ordinator.

CABINET HELD ON 12 DECEMBER 2018 (FROM 5.30 PM TO 5.41 PM)

PRESENT: Councillor Richard Cooper in the Chair. Councillors Rebecca Burnett, Mike Chambers, Phil Ireland, Stan Lumley, Andy Paraskos and Graham Swift.

Late Arrivals: None Early Departures: None 76/18 – APOLOGIES FOR ABSENCE: There were no apologies for absence.

(5.30 pm) 77/18 – DECLARATIONS OF INTEREST: There were no declarations of interest.

(5.30 pm) 78/18 – MINUTES: The Minutes of the meeting of Cabinet held on 14 November 2018 were approved unanimously as a correct record and signed by the Chair.

(5.30 pm) 79/18 – EXEMPT INFORMATION: Appendix C to the report considered under Minute 81/18 was considered to be exempt under paragraph 3 of Schedule 12a to the Local Government Act. Discussion on the item took place in open session.

(5.30 pm)

MATTERS DEALT WITH BY CABINET 80/18 – LOCAL GOVERNMENT ASSOCIATION CORPORATE PEER

CHALLENGE REPORT: The Director of Corporate Affairs submitted a written report which gave details of the Local Government Association (LGA) Corporate Peer Challenge which had taken place on 25 – 27 September 2018. The aim of the peer review was to provide external challenge to the Council’s own self-assessment and a copy of the final feedback report was attached at Appendix A. The report was very positive and stated that:

‘Harrogate Borough Council is a well performing organisation with highly visible and engaging leadership at political and managerial level’.

Paragraph 5.3 of the officer’s report listed the seven key recommendations arising from the review and an Improvement Plan had been drawn up which was attached at Appendix B. A follow up visit to assess the impact of the peer challenge was expected to take place within two years. RESOLVED (UNANIMOUSLY):

Page 1

Agenda Item 3

CABINET

That (1) the LGA Corporate Peer Challenge final feedback report at Appendix A is received;

(2) the improvement plan detailed at Appendix B is agreed; and

(3) the next steps are approved including:

LGA publishing the report on their website

HBC sending the final report to all partners who participated in the peer review process

HBC to communicate the final report and agreed improvement plan to all Members and staff and place the feedback report on our website

To note that the LGA Corporate Peer Challenge process includes a follow up visit that is expected to occur within a 2 year timeframe

Reason for decision: The Council participated in a Corporate Peer Review in September 2018. The Peer Review Team have finalised their feedback report and the Council needed to respond to that feedback and communicate the outcome of the Corporate Peer Review process. Alternative option considered and rejected: Not to respond or accept the Corporate Peer Review feedback, this was not recommended as the Council invited the LGA to conduct the Peer Review process which was recognised nationally and was an established review process.

(5.32 pm – 5.33 pm)

(D) 81/18 – CONSTRUCTION OF TEMPORARY ACCOMMODATION FOR SINGLE

HOMELESS PERSONS AT SPA LANE, STARBECK: FORWARD PLAN REF: C68NOV13: The Head of Housing and Property submitted a written report and sought approval for the transfer of land at Spa Lane, Starbeck from the General Fund to the Housing Revenue Account for the construction of temporary accommodation for single persons considered to be homeless and in priority need. Planning consent had been granted on 14 August 2018 for the development, which would contain 19 self-contained bedsit units, to be made available under specific duties contained in Part II of the Housing Act 1985. The building would also contain a space capable of providing emergency accommodation for rough sleepers to meet the Council’s requirements under the Severe Weather Emergency Protocol (SWEP).

Appendix A contained a location plan for the site, Appendix B provided detailed plans of the proposed accommodation and exempt Appendix C outlined the proposed development costs of the proposed facility. Further to this the Director of Community advised that an updated valuation of the land had been received which was lower than had previously been budgeted for. Paragraph 5.10 of the report set out the proposed project timetable which would involve a procurement exercise to identify the best framework for a design and build project of this nature.

Page 2

CABINET

RESOLVED (UNANIMOUSLY): That (1) the transfer of land at Spa Lane, Starbeck (attached at Appendix A) from the General Fund to the Housing Revenue Account (HRA) for the provision of temporary accommodation for single homeless persons be approved;

(2) the construction of temporary accommodation for single homeless persons on land at Spa Lane, in accordance with the planning permission granted 14 August 2018 be approved;

(3) procurement of the construction be though a Framework, with selection of the winning tender delegated to Cabinet Member (Housing and Safer Communities); and

(4) construction costs be met from a combination of HRA working balance and

Homes England grant, as contained within Exempt Appendix C.

Reason for decision: This facility was essential to ensure that the council had adequate provision of accommodation for single homeless people in priority need in the district, to whom it has a statutory duty, and to enable the provision of emergency accommodation under the SWEP. Alternative options considered and rejected: Two options have been considered and rejected:

1. Continue with current arrangements. There was currently not enough provision for homeless people in priority need in the district. Alternative housing options for single people continued to be limited, existing provision was considered inadequate and the demand for temporary accommodation for this client group would not reduce. The provision of this accommodation would mean that the council could fulfil its social obligations and its requirements under the Homelessness Reduction Act. 2. Continue searching for a site. This was not recommended as an extensive search was undertaken over a twelve-month period in 2015/16. This search did not uncover a suitable alternative site. Conversion of existing homelessness facilities was also considered but found not to be feasible. Planning permission has now been granted for redevelopment of the site at Spa Lane to provide temporary accommodation for single homeless households.

(5.39 pm – 5.41 pm)

(D)

Page 3

This page is intentionally left blank

1

Agenda Item No.

REPORT TO: Management Board

Cabinet DATE: 26 November 2018

12 December 2018 SERVICE AREA: Corporate Affairs REPORTING OFFICER: Director of Corporate Affairs (Rachel Bowles) SUBJECT: Local Government Association Corporate Peer

Challenge Final Report WARDS AFFECTED: All District FORWARD PLAN REF: N/A

1.0 PURPOSE OF REPORT 1.1 To receive the Local Government Association (LGA), feedback report

following the Corporate Peer Challenge that took place on 25-27 September 2018 and to agree the next steps.

2.0 RECOMMENDATIONS 2.1 That the LGA Corporate Peer Challenge final feedback report at Appendix A

is received. 2.2 That the improvement plan detailed at Appendix B is agreed. 2.3 That the next steps are approved including:

LGA publishing the report on their website

HBC sending the final report to all partners who participated in the peer review process

HBC to communicate the final report and agreed improvement plan to all Members and staff and place the feedback report on our website

To note that the LGA Corporate Peer Challenge process includes a follow up visit that is expected to occur within a 2 year timeframe

3.0 RECOMMENDED REASON FOR DECISIONS 3.1 The Council participated in a Corporate Peer Review in September 2018.

The Peer Review Team have finalised their feedback report and the Council needs to respond to that feedback and communicate the outcome of the Corporate Peer Review process.

Page 5

Agenda Item 5

2

4.0 ALTERNATIVE OPTION CONSIDERED AND RECOMMENDED FOR REJECTION

4.1 Not to respond or accept the Corporate Peer Review feedback, this is not

recommended as the Council invited the LGA to conduct the Peer Review process which is recognised nationally and is an established review process.

5.0 THE REPORT 5.1 With the abolition of the inspection and regulatory regime and the national

performance framework, there was a shift to local accountability for performance and self-regulation in local government, with sector led improvement through peer challenge at its heart. The Local Government Association (LGA) can provide a Corporate Peer Challenge to all member councils once every four/five years.

The aim of the peer challenge is to provide external challenge to the council’s

own self-assessment. The peer challenge considers priorities within five key themes:

- Understanding of local context and priority setting

- Leadership of Place - Organisational leadership and governance - Financial planning and viability - Capacity to deliver

Since 2011 the LGA has delivered over 700 Corporate Peer Challenges and

has a target of every Council having participated in the Peer Challenge process by March 2022.

5.2 We invited the LGA to undertake a Corporate Peer Challenge and this took

place between 25 - 27 September 2018. The Peer Team were: Nick Tustian (Chief Executive, Eastleigh BC)

Councillor Linda Robinson (Leader, Wychavon DC)

Kath Marriott (Deputy Chief Executive, Rushcliffe BC)

Paul Barnard (Service Director Strategic Planning & Infrastructure, Plymouth City Council)

Nichola Morris (Project Officer, Bolton MBC)

Satvinder Rana (Programme Manager, LGA) As part of the peer challenge process we also asked for support in two areas: Commercialisation – is the council maximising appropriate ‘commercial

opportunities to enable reinvestment in services and to contribute further to financial sustainability?

Housing Growth & Delivery – are there any further steps that could be taken to break through some of the barriers preventing stalled housing developments?

The peer team prepared for the peer challenge by reviewing a range of

documents and information in order to ensure they were familiar with the Council and its challenges and then spent three days onsite during which time they:

Page 6

3

Spoke to more than 80 people including a range of council staff together with councillors and external partners and stakeholders

Gathered information and views from more than 60 meetings, visits to key sites in the areas and additional research and reading

Collectively spent more than 190 hours to determine their findings, the equivalent of one person spending more than 5 weeks in HBC

5.3 At the end of the 3 days the peer review team presented their findings in the

form of a feedback presentation. This was followed up by a feedback report which details the peer team’s findings. This full feedback report can be found at Appendix A.

The report is very positive and states that:

‘Harrogate Borough Council is a well performing organisation with highly visible and engaging leadership at political and managerial level’.

The report identifies 7 key recommendations, these are: 1. Continue to deliver the 2024 programme and maintaining focus on its

external borough-wide reach 2. Investigate strategic partnering to deliver capital investments and

ambitions 3. Continue to prioritise and align resources to corporate priorities to release

capacity 4. Harness Member and staff talent within the organisation 5. Ensure there is a shared understanding both internally and externally of

the Commercial Strategy 6. Commit to developing a suite of funded initiatives to implement the

Harrogate BC ‘Plan for Homes’ 7. Celebrate successes to date and be proud of what the Council has

achieved so far A Peer Challenge Improvement Plan has been drawn up (Appendix B) for

consideration and subject to Cabinet approval will be managed through the Council’s performance management process.

The LGA Corporate Peer Challenge process includes a follow up visit to

assess the impact of the peer challenge and demonstrate progress. It is expected that this takes place within 2 years.

6.0 REQUIRED ASSESSMENTS AND IMPLICATIONS 6.1 The following were considered: Financial Implications, Human Resources

Implications, Legal Implications and Procurement implications. 7.0 CONCLUSION 7.1 That the recommendations as set out at 2.1 to 2.3 are agreed.

Background papers: Appendix A – LGA Corporate Peer Challenge Feedback Report Appendix B – LGA Corporate Peer Challenge Improvement Report

Page 7

This page is intentionally left blank

1

NOT FOR PUBLICATION: Appendix C contains information considered to be exempt under Paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended

Agenda Item No.6

REPORT TO: Cabinet

DATE: 12 December 2018

SERVICE AREA: Housing & Property

REPORTING OFFICER: Head of Housing and Property

(Jenny Wood – Development Manager - Housing)

SUBJECT: Construction of Temporary Accommodation for Single

Homeless Persons at Spa Lane, Starbeck

WARDS AFFECTED: All

FORWARD PLAN REF: C68NOV13

1.0 PURPOSE OF REPORT

1.1 1 .2 2.0 2.1 2.2

This report seeks approval for the transfer of land at Spa Lane, Starbeck (see Appendix A) from the General Fund to the Housing Revenue Account for the construction of temporary accommodation for single persons considered to be homeless and in priority need. Planning consent was granted on 14 August 2018 for this development, which comprises 19 self-contained bedsit units; two of which are fully-accessible. The units will be provided under specific duties contained in Part II of the Housing Act 1985. Plans are attached at Appendix B. In addition, the building will contain a space capable of providing emergency accommodation for rough sleepers to meet the council’s requirements under the Severe Weather Emergency Protocol (SWEP). RECOMMENDATIONS It is recommended that: Approval is given for the transfer of land at Spa Lane, Starbeck (attached at Appendix A) from the General Fund to the Housing Revenue Account (HRA) for the provision of temporary accommodation for single homeless persons. Approval is given for the construction of temporary accommodation for single homeless persons on land at Spa Lane, in accordance with the planning permission granted 14 August 2018.

Page 9

Agenda Item 6

2

2.3 2.4 3. 3.1

Approval is given for procurement of the construction though a Framework, with selection of the winning tender delegated to Cabinet Member (Housing and Safer Communities). Approval is given for construction costs to be met from a combination of HRA working balance and Homes England grant, as contained within Exempt Appendix C. REASONS FOR RECOMMENDATIONS This facility is essential to ensure that the council has adequate provision of accommodation for single homeless people in priority need in the district, to whom it has a statutory duty, and to enable the provision of emergency accommodation under the SWEP.

4.0 4.1

ALTERNATIVE OPTIONS CONSIDERED AND RECOMMENDED FOR REJECTION Two options have been considered and rejected:

1. Continue with current arrangements. There is currently not enough provision for homeless people in priority need in the district. Alternative housing options for single people continue to be limited, existing provision is considered inadequate and the demand for temporary accommodation for this client group will not reduce. The provision of this accommodation will mean that the council can fulfil its social obligations and its requirements under the Homelessness Reduction Act. 2. Continue searching for a site. This is not recommended as an extensive search was undertaken over a twelve-month period in 2015/16. This search did not uncover a suitable alternative site. Conversion of existing homelessness facilities was also considered but found not to be feasible. Planning permission has now been granted for redevelopment of the site at Spa Lane to provide temporary accommodation for single homeless households.

5.0 5.1 5.2 5.3

THE REPORT Background A report seeking approval to submit a planning application for the development, that included an evidence base for the accommodation, an assessment of options, estimated costs, and a proposed timetable for taking the project forward was approved by Cabinet Member for Housing and Safer Communities on 20th February 2017. Planning approval was granted on 14th August 2018. The management of temporary accommodation is difficult and challenging, particularly when it is spread across the district. A high number of residents present with complex needs and mental health problems which create significant work due to the number of episodes of mental health crisis the service has to deal with. The chaotic and complex nature of the needs of some of the clients using the service precludes the use of B&B accommodation in some cases. The number of people presenting with physical health problems has also increased. Wheelchair users present a particular problem as currently there is no suitable accommodation available. This has led to hotels being used at great expense to the General Fund. Harrogate Homeless Project (HHP) has been commissioned over the last few years to deliver SWEP on behalf of the council. From 2017/18, HHP no longer delivers this service as suitable premises are no longer available. Provision of the new accommodation at Spa Lane will ensure the continued SWEP provision in the

Page 10

3

5.4 5.5 5.6 5.7 5.8 5.9 5.10 6.

district. The Homelessness Reduction Act came into force on 1 April 2018. The council is now required to intervene sooner when a household is at risk of losing its home and offer more support to anyone who is homeless, regardless of priority need. Whilst the Act has forced a shift in focus to homelessness prevention, alternative housing options for single people remain limited. Single people are increasingly unable to find and secure a tenancy in the private rented sector, with affordability a major factor (particularly for those single people claiming benefits under the age of 35 who are limited to the shared Local Housing Allowance rate, currently only £68.35 a week in Harrogate). The number of households accepted as homeless has remained consistently high over the last few years. There are currently 23 single households in temporary accommodation, including six in B&B. From 1 April 2018 to 30 September 2018, 341 single people approached the council for assistance. Whilst 110 successfully received assistance through prevention, the council accepted a duty to 55 people. On a month by month basis over the last two years, the council has had to accommodate an average of nearly 25 single persons in temporary accommodation at any one time. This, compared to the current availability of 17 bedsits, demonstrates the shortfall in suitable temporary accommodation for single households, so highlighting the need for additional, fit for purpose, accommodation. Housing authorities have a duty to take reasonable steps to help prevent any eligible person (regardless of priority need status, intentionality and whether they have a local connection) from becoming homeless. When a person becomes homeless the Local Authority has a duty to provide suitable temporary accommodation for those in priority need. This is becoming increasingly difficult due to cost and the availability of suitable accommodation. Financial considerations Financial information in respect of anticipated running costs and income from the new facility, as well as forecast build costs and proposed funding sources for the build is contained within Exempt Appendix C. Project timetable Subject to the approval of recommendation 2.3 above, it is anticipated that a procurement exercise will be carried out in December 2018/January 2019, with start on site proposed by the end of March 2019. The Construction Manager within Housing and Property is currently working with the council’s Procurement Team to identify the best framework for a Design and Build project of this nature. Provided there is no slippage, the facility should be operational by Winter 2019. REQUIRED ASSESSMENTS AND IMPLICATIONS The following were considered: Financial Implications; Human Resources Implications; Legal Implications; ICT Implications; Strategic Property/Asset Management Considerations; Risk Assessment; Equality and Diversity (the Public Sector Equality Duty and impact upon people with protected characteristics). If applicable, the outcomes of any consultations, assessments, considerations and implications considered necessary during preparation of this report are detailed below. Financial implications

Page 11

4

Background Papers – None

OFFICER CONTACT: Please contact Jenny Wood, Development Manager (Housing), if you require any further information on the contents of this report. The officer can be contacted on 01423-500600 ext. 56891 or by e-mail – jenny.wood@harrogate.gov.uk

6.1 6.2 6.3 7. 7.1 7.2

Funding for the construction will consist of a combination of HRA working balance and Homes England grant. Whilst the level of grant per unit has yet to be confirmed for this development, in principle support has already been given by Homes England. The cost of the new facility will result in a small ongoing cost to the HRA but will result in some revenue savings to the General Fund due to savings on temporary accommodation costs and Minimum Revenue Provision (MRP). A full analysis is given at Exempt Appendix C. This is subject to final scheme costs, following procurement, and grant confirmation. The transfer of the site from the General Fund to the HRA does not generate a capital receipt to the General Fund, but the HRA will take make annual interest payments to the General Fund, based on the land’s value at the date of transfer, which will be determined by an independent RICS valuation. Legal implications Legal advice has been sought and taken throughout the progress of this project and legal comments and implications are contained within the body of the report. SUMMARY The current temporary accommodation provision for single homeless households is not adequate in terms of design and volume to enable the council to meet its statutory homelessness duty. Planning permission has recently been granted for a new purpose built accommodation block for single people on land at Spa Lane, Starbeck, Harrogate. Cabinet is asked to approve the transfer of the site from the General Fund to the HRA, construction of the new facility, funding sources and the development procurement process; delegating approval of the successful tender to Cabinet Member (Housing and Safer Communities).

Page 12

5

Page 13

6

Appendix A

Page 14

7

Page 15

8

Page 16

9

Page 17

This page is intentionally left blank

Document is Restricted

Page 19

By virtue of paragraph(s) 3 of Part 1 of Schedule 12Aof the Local Government Act 1972.

This page is intentionally left blank