Agenda, decisions and minutes

Apologies were received from Councillor P Strachan.

To approve as a correct record the Minutes of the meeting held on 10 May 2022.

RESOLVED –

That the Minutes of the meeting held on 10 May 2022 be approved as a correct record.

There were none.

The following topics were raised:

Leader

The Leader referred to the recent Platinum Jubilee weekend where a hundred street parties were held in Buckinghamshire and the Council had waived the fee for temporary road closures. In addition activity packs had been sent out to schools and care homes, 60 events had been organized by libraries and a schools competition had been held for the best platinum jubilee cake which had been judged by Lorraine Kelly (ambassador for Bucks Swans) and the Chief Executive.

Reference was made to the cost of living crisis including pressures on energy prices from the Ukrainian war. The Government had announced a raft of measures to help with this. In September there would be a one-off disability cost of living payment of £150 to people claiming disability benefits like Personal Independence Payment (PIP), and pensioners would get £300. Households in council tax bands A to D should receive a £150 rebate and the Council was also supporting some households in Bands E to H who were income poor. Energy customers would also receive a £400 grant from October 2022. The government would be giving a £650 one-off payment for those households on means-tested benefits. An additional £2.4 million had also been given through the Household Support Grant which the Helping Hands Team were distributing as quickly as possible and providing support to residents.

Deputy Leader and Cabinet Member for Environment and Climate Change

The Cabinet Member apologised to residents about missed bins, issues with reporting problems with unacceptable call centre waiting times and then no follow up collections in the South of Buckinghamshire. Veolia, inherited from the previous contractors, unbalanced and long rounds that made it difficult to rectify misses and blocked roads leading to higher than expected missed bins over the last year and a half. During May 2022, the introduction of the new rounds had seen a change of bin collection day for 90% of residents.  The Council were aware that these changes would and were causing some disruption as residents and crews got used to the new arrangements. One issue was that the previous contractor had not passed on intelligence to new crews with more complicated collections such as narrow roads, blocks of flats, premises with security codes. To mitigate the forecast impacts of the round reorganisation Veolia were currently operating with 30% more drivers and loaders than business as usual, building extra resilience to support crews if required. This 30% figure includes 6 additional vehicles and crews dedicated to supporting the new rounds and collecting any outstanding work and reported missed collections. The Cabinet Member thanked staff for working so hard over the Bank Holiday weekend.

Cabinet Member for Accessible Housing and Resources

In relation to the above waste issue the Cabinet Member reported that a further six call handlers were taking Southern Waste calls in the Customer Service Centre and a further four in the Waste Team for escalated cases. However due to the high volume of calls and their  ...  view the full minutes text for item 4.

Question from Councillor Stuart Wilson to Councillor Peter Strachan, Cabinet Member for Planning and Regeneration

“Application of Legacy Authority Planning Policies to Former Wycombe Area for Little Marlow Lakes Country Park and Burnham Beeches SAC SPD

Natural England have given late consent to the Slate Meadow Reserved Matters planning application (21/07006/REM) to mitigate Burnham Beeches SAC recreational impacts through a payment due under the Burnham Beeches SAC Strategic Access Management and Monitoring Strategy Supplementary Planning Document (SAMMS), November 2020. This contravenes the application of the SAMMS policy which clearly states: “This Supplementary Planning Document solely applies to the south and east planning areas of Buckinghamshire Council. Whilst the 5.6km zone… takes in part of the western area of Buckinghamshire, the Wycombe Local Plan has its own mitigation strategy for growth in the western planning area. [Paragraph 1.2.1] It does not apply to the former Wycombe District Council area which now forms part of Buckinghamshire Council. This is because the former council agreed its own avoidance and mitigation measures with the government’s conservation advisors”. [Paragraph 2.2.6]

Can the Cabinet Member categorically confirm today that:

a)    the Burnham Beeches SAC SAMMS SPD does not apply in any way to development sites in the former Wycombe Area in accordance with recent mandatory planning training on legacy Local Plan policies?

b)    that Planning Officers have not and will not seek to apply this specific SAMMS SPD to development sites in the former Wycombe Area?

c)    that Natural England will be advised by Planning Officers to withdraw their consent immediately to the Slate Meadow 21/07006/REM application until such time this may be given or refused in accordance with the relevant Wycombe Local Plan policies and its own previously stated preferences?

d)    that the long overdue report on Little Marlow Lakes Country Park will presented to the next Cabinet meeting on July 12^th, 2022?

Question from Councillor Robin Stuchbury to Councillor Peter Strachan, Cabinet Member for Planning and Regeneration

“Buckinghamshire Local Plan

At the Council meeting on 27 April 2022, the Cabinet Member for Planning and Regeneration (Councillor G Williams at that time) informed Members that they would have the opportunity to be involved with the oversight of the Local Plan, which would include Member briefings and scrutiny and oversight from the cross party Growth, Infrastructure and Housing Select Committee.

Could the Cabinet Member please advise whether a separate cross party Working Group, standing Committee or Local Plan Select Committee will be established to enable the wider membership of the Buckinghamshire Council, including local Councillors, to question key and important elements of the development plan as it is being developed?”

Question from Councillor Penny Drayton to Councillor Gareth Williams, Deputy Leader and Cabinet Member for Climate Change and Environment  

“New Household Waste Collection Service

Since the change of contracts for waste services at the start of May 2022 there have been a huge number of complaints from residents across the whole of the South of the County.  This includes missed collections, issues with not  ...  view the full agenda text for item 5.

Question from Councillor Stuart Wilson to Councillor Peter Strachan, Cabinet Member for Planning and Regeneration

“Application of Legacy Authority Planning Policies to Former Wycombe Area for Little Marlow Lakes Country Park and Burnham Beeches SAC SPD

Natural England have given late consent to the Slate Meadow Reserved Matters planning application (21/07006/REM) to mitigate Burnham Beeches SAC recreational impacts through a payment due under the Burnham Beeches SAC Strategic Access Management and Monitoring Strategy Supplementary Planning Document (SAMMS), November 2020. This contravenes the application of the SAMMS policy which clearly states: “This Supplementary Planning Document solely applies to the south and east planning areas of Buckinghamshire Council. Whilst the 5.6km zone… takes in part of the western area of Buckinghamshire, the Wycombe Local Plan has its own mitigation strategy for growth in the western planning area. [Paragraph 1.2.1] It does not apply to the former Wycombe District Council area which now forms part of Buckinghamshire Council. This is because the former council agreed its own avoidance and mitigation measures with the government’s conservation advisors”. [Paragraph 2.2.6]

Can the Cabinet Member categorically confirm today that:

a)         the Burnham Beeches SAC SAMMS SPD does not apply in any way to development sites in the former Wycombe Area in accordance with recent mandatory planning training on legacy Local Plan policies?

b)         that Planning Officers have not and will not seek to apply this specific SAMMS SPD to development sites in the former Wycombe Area?

c)          that Natural England will be advised by Planning Officers to withdraw their consent immediately to the Slate Meadow 21/07006/REM application until such time this may be given or refused in accordance with the relevant Wycombe Local Plan policies and its own previously stated preferences?

d)         that the long overdue report on Little Marlow Lakes Country Park will presented to the next Cabinet meeting on July 12^th, 2022?

RESPONSE from Councillor Strachan (provided at the meeting by Councillor G Hall)

a)      Habitats Regulations Assessment needs to consider the most up to date evidence at each stage of decision making. Whilst the Burnham Beeches Supplementary Planning Document [BB SPD] expressly does not apply to the Wycombe (west) area, that does not prevent contributions towards the Burnham Beeches Strategic Access Management and Monitoring Strategy [BB SAMMS] being secured in relation to planning applications in the Wycombe (west) area.

All that it means is that the council cannot use the BB SPD as justification for the contribution. Nothing in the BB SPD seeks to preclude a contribution from other parts of the council’s administrative area. Instead, the BB SPD is merely making clear which areas its supplementary planning guidance applies to.

The council’s appropriate assessment identifies the need for mitigation and there is no reason why the council cannot (irrespective of the BB SPD) conclude that a contribution towards the BB SAMMS would constitute appropriate mitigation. In particular, the Council is obliged to take into account any change of circumstances since the BB SPD was prepared.  Given that all the funding  ...  view the full minutes text for item 5.

The Leader introduced the Forward Plan and commended it to all Members of the Council and the public, as a document that gave forewarning of what Cabinet would be discussing at forthcoming meetings.

RESOLVED –

That the Cabinet Forward Plan be noted.

Following vesting day the new Council had inherited a significant number of statutory duties, together with the five former Council’s existing strategies, policies, plans, reviews, schemes and statements. These were key to service delivery or to provide clarity to residents, Members, staff or other stakeholders by outlining what we will do, how and why.

The Government’s transitional regulations stipulated three key dates by which 15 of the new council’s statutory policies had to be harmonised and implemented by 1 April 2022, although the Homelessness Strategy had not been agreed until 27 April 2022.  These were detailed in Appendix A to the Cabinet report together with the statutory deadline set for harmonisation.  All other policies including any statutory ones not listed in Appendix A continued to have effect (over the geographical area they previously applied) as if made by Buckinghamshire Council, until they are substituted/replaced.

There were no timescales set by the regulations for the new Council to prepare substitutes/replacements for these.  For these policies the council was left to consider the practical impacts on the delivery of services if policies were not harmonised and existing statutory plans continue, although there was also a need to consider whether these existing arrangements complied with any specific legislative requirements of that service.

The Cabinet report also included information:

-                     on the 50 strategies and policies that had been harmonised (Appendix B).

-                     that work was progressing on the local plan development documents under Section 23 of the Planning and Compulsory Purchase Act 2004, which was on track to be harmonised by 1 April 2025.

-                     on work being done to harmonise fees and charges.  Although there was no blanket obligation to do so, legal advice received during the transition had stated the Council should consider if the differential area charges for the same or similar service could pose a reputational and legal risk of residents raising lawsuits especially if there was a prolonged continuation of differential charges after vesting day.  Some charges would remain different if there were specific and valid reasons, for example, the council cemeteries operated differently with different arrangements in place for the services that were provided.

-                     at Appendix C on fees and charges yet to be harmonised and the current expected timescales for harmonisation, where this was known.

-                     at Appendix D on a further 70 strategies and policies the council was planning to harmonise or update by April 2023.

RESOLVED –

That the strategies, policies, and charges that have been harmonised since 1 April 2020, and those expected to be reviewed before April 2023, be NOTED.

Following vesting day the new Council had inherited a significant number of statutory duties, together with the five former Council’s existing strategies, policies, plans, reviews, schemes and statements. These were key to service delivery or to provide clarity to residents, Members, staff or other stakeholders by outlining what the Council would do, how and why.

The Government’s transitional regulations stipulated three key dates by which 15 of the new council’s statutory policies had to be harmonised and implemented by 1 April 2022, although the Homelessness Strategy had not been agreed until 27 April 2022.  These were detailed in Appendix A to the Cabinet report together with the statutory deadline set for harmonisation.  All other policies including any statutory ones not listed in Appendix A continued to have effect (over the geographical area they previously applied) as if made by Buckinghamshire Council, until they are substituted/replaced.

There were no timescales set by the regulations for the new Council to prepare substitutes/replacements for these.  For these policies the council was left to consider the practical impacts on the delivery of services if policies were not harmonised and existing statutory plans continue, although there was also a need to consider whether these existing arrangements complied with any specific legislative requirements of that service.

The Cabinet report also included information:

-                     on the 50 strategies and policies that had been harmonised (Appendix B).

-                     that work was progressing on the local plan development documents under Section 23 of the Planning and Compulsory Purchase Act 2004, which was on track to be harmonised by 1 April 2025.

-                     on work being done to harmonise fees and charges.  Although there was no blanket obligation to do so, legal advice received during the transition had stated the Council should consider if the differential area charges for the same or similar service could pose a reputational and legal risk of residents raising lawsuits especially if there was a prolonged continuation of differential charges after vesting day.  Some charges would remain different if there were specific and valid reasons, for example, the council cemeteries operated differently with different arrangements in place for the services that were provided.

-                     at Appendix C on fees and charges yet to be harmonised and the current expected timescales for harmonisation, where this was known.

-                     at Appendix D on a further 70 strategies and policies the council was planning to harmonise or update by April 2023.

The Cabinet Member for Homelessness and Regulatory Services reported that the body piercing and skin colouring report would be split into two reports; one fees and charges and the second one adoption of byelaws, the latter would need to be agreed at Full Council in September 2022. The report relating to stray dogs and pest control would now be taken as a Leader report. Cabinet Members thanked officers for the work undertaken to harmonise policies.

RESOLVED –

That the strategies, policies, and charges that have been harmonised since 1 April 2020, and those expected to be  ...  view the full minutes text for item 7.

A draft Electric Vehicle (EV) Charging Infrastructure Strategy had been initiated in 2020.  Following the COVID pandemic, rapid changes in the electric vehicle market, and the publication of the national EV Infrastructure Strategy in March 2022 the Council had refreshed and extended the scope of this study to also consider the role of electric buses, taxis, the Council’s fleet vehicles, and how to increase the number and type of charge points most efficiently.

The previous work undertaken had been very technical and would be maintained as a standalone background research document known as the ‘Electric Vehicle Study 2022’.  A shorter ‘EV Action Plan’ had been developed from the evidence in the Study, as well as input from Council officers, feedback from Members, and assistance from the Energy Saving Trust who administer the multiple government EV charge point funding streams.

The Study and Action Plan were considered key in supporting the continued uptake in EVs across Buckinghamshire and the delivery of key targets in Climate Change and Air Quality Strategy 2021.

RESOLVED –

That the Buckinghamshire Council’s Electric Vehicle Action Plan (EVAP) 2022-2027 be ADOPTED.

Transportation currently contributed 51% of carbon emissions in Buckinghamshire, with 65% of these generated by cars.  The uptake of EVs in Buckinghamshire was higher than the national average (0.9% of population owned an EV, versus 0.6%), reflecting the relative affluence of the population, and was shown in Appendix 1.

The Government’s Transport Decarbonisation Plan 20203 included ambitious targets for phasing out internal combustion engines across various vehicle types including buses, taxis and fleet. The most challenging being the banning of the sale of new petrol and diesel cars by 2030, vans by 2035, and HGVs by 2040.

In light of the Government’s targets a draft Electric Vehicle (EV) Charging Infrastructure Strategy had been produced for the Council by consultants Jacobs in 2020.  However, progress on adoption of the strategy had been delayed due to the COVID pandemic.  To reflect rapid changes in the EV market, and in order to extend the scope of the original strategy to include buses and the Council’s vehicles in line with the Council’s adopted Climate Change and Air Quality Strategy 2021, an update to the work had been commissioned as the previous work undertaken had been very technical.  That original work would be maintained as a standalone background research document known as the ‘Electric Vehicle Study 2022’.

A shorter ‘EV Action Plan’ had been developed from the evidence in the Study, as well as input from Council officers, feedback from Members, and assistance from the Energy Saving Trust who administer the multiple government EV charge point funding streams.

The Study and Action Plan were considered key in supporting the continued uptake in EVs across Buckinghamshire and the delivery of key targets in Climate Change and Air Quality Strategy 2021.

The Cabinet report also included information on the Action Plan’s objectives, short term actions/objectives (to 2024/25) and on medium term actions/objectives (to 2025/27).  In the short term it was intended to double the number of EV charging spaces across Buckinghamshire, compared to February 2022 (this would equate to 175 new parking bays by 2023/4), focusing on coverage in areas currently without access to a charge point.  In the medium term it was intended to continue to provide and extend a high quality, efficient and comprehensive publicly available EV charging network across the council area, and to support the delivery of 1000 charging spaces across Buckinghamshire by 2027. The Cabinet Member referred to feedback from the Energy Savings Trust who provided feedback to Councils on action plans who had commented that the target was realistic and achievable. The Council had agreed a new capital funding allocation of £200k per annum for four years. There were further funding opportunities from the Local Electric Vehicle Infrastructure Fund (LEVI) to provide innovative trials for on street charging. Other technologies were also being looked at such as hydrogen.

The Cabinet Member for Environment and Climate Change reported that providing the right infrastructure for electric vehicles was critical to achieving the carbon neutrality target for 2050 and reducing vehicle emissions and  ...  view the full minutes text for item 8.

The report set out the Revenue and Capital outturn position for Buckinghamshire Council for the financial year 2021/22. This would be subject to external audit and to continued pre-audit quality checks.

RESOLVED –

(1)               That the outturn for the financial year 2021/22 and the associated risks and opportunities, be NOTED.

(2)               That the transfer of £9.9m arising from the unused contingencies (£7.7m) and a favourable outturn variance (£2.2m) to earmarked reserve be APPROVED, to mitigate heightening risks around the financial implications associated with increased inflationary pressures, global turbulence, Local Government Finance reform and Adult Social Care reforms.

(3)               That the carry-forward of slippage on capital schemes where budget is required on approved capital projects in future financial years be APPROVED.

Cabinet received a report that set out the Revenue and Capital outturn position for Buckinghamshire Council for the financial year 2021/22.  This would be subject to external audit and to continued pre-audit quality checks.  Portfolio revenue and capital entries had been concluded, although work was ongoing to quality assure the final position.  It was anticipated that any movements would be offset by corresponding use of reserves.

The Revenue outturn position for 2021/22 was a favourable variance of £2.2m, 0.5% of Portfolio budgets.  This was an improved position from the Quarter 3 forecast, where a favourable variance of £0.9m (0.2%) had been forecast.  The main drivers for this increase in favourable variance were:

(i)                 an improved position in the Health and Wellbeing portfolio of £0.8m, due to £0.5m additional clawbacks of Direct Payments following successful migration of providers, and £0.3m from maximisation of Covid-19 grants, in particular the workforce and retention grant.

(ii)               An improved position in the Finance, Resources, Property & Asset portfolio with efficiencies realised in travelling expenses and webcasting costs, plus an increase in legal costs recovered.

On 29March 2022, Cabinet had approved the principle of transferring unused contingency budgets at year end to an earmarked reserve to help mitigate heightening risks around inflation from global, political and economic turbulence, the potential impact of future funding reform, reform of Adult Social Care and the ongoing effect of Covid-19.  The forecast at that time was that £6.2m of contingency budgets would not be required.  However, a further £1.5m had been held back in order to mitigate any further risks that might arise during the final quarter. These potential pressures had been managed within the Portfolios and so a further £1.5m was now available to transfer to the proposed new earmarked reserve.

The overall favourable variance of £2.2m was also proposed to be transferred to the reserve, giving a total of £9.9m.  This would considerably help to address the increased financial risks and pressures already being experienced within 2022/23, whilst also providing an opportunity to review the robustness of all budgets from 2023/24 onwards as part of the Medium Term Financial Planning process.

Inflation was a key risk for the Council at the current time and the Cabinet report contained detailed information on how this would impact on the Council, with upward pressure on wates, pressures within the supply chain for particularly housing/property costs and transport costs, risks that suppliers could withdraw from contracts in areas such as Client Transport and Home Care.  Construction inflation was especially concerning as it was currently running at 20% and would affect the Council’s capital programme with increased cost of delivery of capital schemes; which in turn would impact on the level of future financial borrowing required and on revenue budgets in terms of interest payable.  In addition, budgets such as repairs and maintenance expenditure would be impacted by an increase in raw material costs.

Although it was anticipated that the exceptionally high inflation rates would be temporary, HM Treasury estimates for financial year  ...  view the full minutes text for item 9.

The report comprised two items:

-                     The Performance Report – which provided details of the key performance measures reported through the corporate performance framework for 2021/22.  The latest performance outturns and targets were reported alongside trend and benchmarking information, where available. The report also included several indicators without targets for this year, that were being monitored to establish a baseline level of performance and monitor trends. A commentary was provided for each indicator explaining what was being measured, explaining the narrative behind each outturn and detailing improvement actions.

-                     The Performance Scorecard – which provided information on four key elements of performance for the Council covering Finance, Customer Service, Performance and Human Resources indicators.  These were arranged in four quadrants.

Within the performance report and performance scorecard, outturns that were performing at or better than target were classified as Green, those that were within 5% of the target were Amber and those that were more than 5% of the target were Red.  At the end of Quarter 4, 93 indicators had outturns reported with a red, amber or green status. Of these, 66 were Green (71%), 7 were Amber (8%) and 20 were Red (22%).  This compared to Quarter 3 where 62 were Green (69%), 12 were Amber (13%) and 16 were Red (18%).

RESOLVED –

(1)               That the Council’s performance for the Quarter 4 period 2021-22 be NOTED.

(2)               That the actions being taken to improve performance, where required, be NOTED.

The Cabinet Member for Finance, Resources, Property and Assets introduced the report which comprised the following two items:

·                The performance report, which provided details of the key performance measures reported through the corporate performance framework for 2021/22. The report also includes several indicators without targets for this year, that were being monitored to establish a baseline level of performance and monitor trends. Commentary was provided for each indicator explaining what was being measured, explaining the narrative behind each outturn and detailing improvement actions.

·                The performance scorecard, which provided information on four key elements of performance for the Council covering Finance, Customer Service, Performance and Human Resources indicators. These were arranged in four quadrants.

Within the performance report and performance scorecard, outturns that were performing at or better than target were classified as Green, those which are within 5% of the target are Amber and those which are more than 5% of the target are Red.  At the end of Quarter 4, 93 indicators had outturns reported with a Red, Amber or Green status. Of these, 66 were Green (71%), 7 were Amber (8%) and 20 were Red (22%).  This compared to Quarter 3 where 62 are Green (69%), 12 are Amber (13%) and 16 are Red (18%).

Cabinet Members then provided comprehensive explanations for the performance marked as red where performance was more than 5% off the target for each of their portfolio’s, these were as follows:

Leader

·                Unemployment Claimant Rate – The indicator compared the Buckinghamshire Claimant Rate with the National Claimant Rate of those claiming 'out-of-work' benefits as a proportion of the working age population. Pre-Covid-19, Buckinghamshire's Claimant Rate tracked at 55% of the National Rate and this had been set as the target for this measure.  Buckinghamshire's Claimant Count Rate was 2.9%, which was lower than the National Claimant Count Rate of 4.3%.  This equated to 67% of the national rate but was above the 55% target. Buckinghamshire’s claimant count rate was one of the lowest in the country (7th lowest of all 38 LEP areas), however, the Wycombe Parliamentary Constituency area had a rate that exceeds the national average (4.4%).  The report included information on the initiatives underway (both nationally led and locally led) to help move people off the claimant count and into work. There was a shortage of labour at the moment in particular social workers and planners for local government, film industry and the hospitality sector.

Cabinet Member for Climate Change and Environment

·                % of waste collected for recycling, reuse, composting or anaerobic digestion from household sources (household collection and Household Recycling Centres) – target of 60% against a current value of 44.12%.  Performance for Q3 2021/22 showed a drop from Q2 and was lower than the same period in 2020/21.  This was due to a marked drop in organic material (food waste) sent for anaerobic digestion or composting affecting Q2-3, due to disruptions to kerbside collections arising from driver shortages.  While Buckinghamshire’s performance had fallen and was below the South East average  ...  view the full minutes text for item 10.

The Aylesbury Vale Enterprise Zone (AVEZ) had been established in 2016 under the government’s Enterprise Zone policy to attract and develop new business investment and promote growth in three key locations in the Aylesbury Vale area. It had begun as a partnership between 4 parties (Ministry of Housing, Communities and Local Government, Buckinghamshire Local Enterprise Partnership, Aylesbury Vale District Council and Buckinghamshire County Council).

A Year 5 evaluation of the EZ had been undertaken in early 2021 and a new Implementation Plan had been prepared for the period 2021-26. The first 5 years (2016-21) had focused on EZ set up and establishment of development within the zone. The next period would focus on accelerating site development and providing greater business, skills, and inward investment support.

AVEZ had been set up as an informal partnership under a Memorandum of Understanding (Appendix 1) that was signed in 2017 and lasted for 4 years. In December 2021 it had changed its name to Buckinghamshire Enterprise Zone following agreement with government.

A MOU was a statement of serious intent that was entered into voluntarily by the respective parties. It had moral force but did not create legal obligations, unless it was expressly stated that it was to be a legally binding document. Now expired, the original MoU held little weight and the EZ relied on the goodwill of the parties to continue working together, as they had done. The absence of a MoU could be problematic if there was an issue or disagreement between partners.

Given the passage of time and new local government and policy context since the original MoU it was important to refresh it with a new agreement to govern the EZ. Buckinghamshire Council officers had worked with EZ/LEP staff to review the MoU to identify the main provisions to be retained, updated, or removed in creating a new MoU.

RESOLVED –

That the recommendations that have been agreed by the Aylesbury Vale Enterprise Zone Board be SUPPORTED, to:

(i)                Refresh the Memorandum of Understanding to reflect changes in governance since the EZ’s inception.

(ii)               Change the split of surplus income generated by the EZ from 70:30 (Bucks LEP : Bucks Council) to 50:50 to reflect the Council’s 50% share of uplift on business rates.

(iii)            Not activate the EZ MoU provision for distribution of ‘Surplus’ income in the period up to March 2026 to enable the EZ to maximise use of funding to maintain momentum and accelerate development of the EZ sites and support other relevant initiatives for the recovery and growth of the Buckinghamshire economy.

The Aylesbury Vale Enterprise Zone (AVEZ) had been established in 2016 under the government’s Enterprise Zone policy to attract and develop new business investment and promote growth in three key locations in the Aylesbury Vale area. It had begun as a partnership between 4 parties (Ministry of Housing, Communities and Local Government, Buckinghamshire Local Enterprise Partnership, Aylesbury Vale District Council and Buckinghamshire County Council).

A Year 5 evaluation of the EZ had been undertaken in early 2021 and a new Implementation Plan had been prepared for the period 2021-26. The first 5 years (2016-21) had focused on EZ set up and establishment of development within the zone. The next period would focus on accelerating site development and providing greater business, skills, and inward investment support.

AVEZ had been set up as an informal partnership under a Memorandum of Understanding (Appendix 1) that was signed in 2017 and lasted for 4 years. In December 2021 it had changed its name to Buckinghamshire Enterprise Zone following agreement with government.

A MOU was a statement of serious intent that was entered into voluntarily by the respective parties. It had moral force but did not create legal obligations, unless it was expressly stated that it was to be a legally binding document. Now expired, the original MoU held little weight and the EZ relied on the goodwill of the parties to continue working together, as they had done. The absence of a MoU could be problematic if there was an issue or disagreement between partners.

Given the passage of time and new local government and policy context since the original MoU it was important to refresh it with a new agreement to govern the EZ. Buckinghamshire Council officers had worked with EZ/LEP staff to review the MoU to identify the main provisions to be retained, updated, or removed in creating a new MoU.

The Cabinet report at paragraphs 2.6 to 2.14 the financial provisions of the MOU including the basic principle that the Council should not be made financially worse off by loss of business rates receipts under the EZ arrangements than without the EZ designation.  This included information on business rates including from new developments, and ‘ringfencing’ , income retention and sharing ‘surplus’ income (proposing to change this from a 70:30 split in favour of the EZ to a 50:50 split with the Council), when surplus income would be drawn and the priority order for investment of retained business rates.  The MoU’s intent was that a ‘Surplus’ payment to BC or BLEP would arise only once EZ priority infrastructure interventions/commitments identified in the Implementation Plan, or other priority interventions approved by the EZ Board, had been funded.

The EZ Board supported the view that neither the LEP nor Council should take out a ‘Surplus’ payment at this time, enabling the EZ to continue investing in projects to maximise the potential to generate additional business rates, floorspace, jobs and GVA growth.  It was recommended that during the next 5-year EZ Implementation Plan period there  ...  view the full minutes text for item 11.

The former Bucks CC Sports and Social Club was located off Lower Road in Stoke Mandeville.  It was approximately 3.7 hectares in size. The Site currently comprised a closed club house surrounded by open land which had formerly been used as sports pitches and tennis courts. The former Sports and Social Club Land had remained unused for some years and as it currently stood represented a drain on the Council’s resources in ensuring public safety while enforcing security.

The proposal was for the demolition of all existing structures and the Outline Planning Application set the scene for the future development in seeking consent for the construction of up to approximately 100 residential units with a re-provision for open space for day-to-day use and includes the LPA’s statutory requirement that 30% of that number be affordable accommodation. Consent was also sought for improving the main access road and extending the main estate road to provide Booker Park School with a second vehicular access point that would greatly relieve congestion adjacent to the existing school entrance.

The scheme had been revised following pre-app advice and then again following consultation with Stoke Mandeville Parish Council and SMPC’s retained architects. There would likely be further detailed refinements, but the hope was that the quantum of development was now fairly settled.  The specific uses of the residential units were not referenced in this application as they would be dealt with as reserved matters once the mix of accommodation was agreed.

The Stoke Mandeville site was also identified as the preferred location for a new primary electricity substation which was part of Bucks Council’s HIF investment programme and was targeted to bring in substantial HIF funding, that would hugely benefit the Council and Buckinghamshire residents and supported the future growth of Aylesbury by alleviating any existing grid capacity constraints. A separate planning application would be submitted soon by UK Power Networks.

An Outline Planning Application was intended to preserve the flexibility of future design and composition of the development and represents a good opportunity to provide mainly affordable and key worker homes in an ideal location due to the proximity with Stoke Mandeville Hospital.  This same specific location provided a rare prospect to include a provision for bespoke and adaptable housing for the special exigent needs of clients of both adults and children’s services.

RESOLVED –

That approval to submit an Outline Planning Application for the proposed residential development at the site of the former Buckinghamshire County Council Community Sports and Social Club land be AGREED.

The former Bucks CC Sports and Social Club was located off Lower Road in Stoke Mandeville.  It was approximately 3.7 hectares in size. The Site currently comprised a closed club house surrounded by open land which had formerly been used as sports pitches and tennis courts. The former Sports and Social Club Land had remained unused for some years and as it currently stood represented a drain on the Council’s resources in ensuring public safety while enforcing security.

The proposal was for the demolition of all existing structures and the Outline Planning Application set the scene for the future development in seeking consent for the construction of up to approximately 100 residential units with a re-provision for open space for day-to-day use and included in excess of the LPA’s statutory requirement that 30% of that number be affordable accommodation. Consent was also sought for improving the main access to lower road and extending the main estate road to provide Booker Park School with a new second vehicular access point that would greatly relieve congestion adjacent to the existing school entrance.

The scheme had been revised following pre-app advice and then again following consultation with Stoke Mandeville Parish Council and SMPC’s retained architects. There would likely be further detailed refinements, but the hope was that the quantum of development was now fairly settled.  The specific uses of the residential units were not referenced in this application as they would be dealt with as reserved matters once the mix of accommodation was agreed.

The Stoke Mandeville site was also identified as the preferred location for a new primary electricity substation which was part of Bucks Council’s HIF investment programme and was targeted to bring in substantial HIF funding, that would hugely benefit the Council and Buckinghamshire residents and supported the future growth of Aylesbury by alleviating any existing grid capacity constraints. A separate planning application to deal with this would be submitted soon by UK Power Networks.

An Outline Planning Application was intended to preserve the flexibility of future design and composition of the development and represents a good opportunity to provide mainly affordable and key worker homes in an ideal location due to the proximity with Stoke Mandeville Hospital.  This same specific location provided a rare prospect to include a provision for bespoke and adaptable housing for the special exigent needs of clients of both adults and children’s services.

The Cabinet agenda also included a confidential appendix on the indicative financial implications of the development.  The Cabinet Member referred to the pre-planning public consultation and although the report was not yet finalised sufficiently to attach as an appendix to the report it was clear that there was local resistance to the loss of open green space. This was considered by the meeting and it was important to emphasise that there had been no public right of access and these plans would bring the site back into community use with over 40% of open green space. This could include a full size  ...  view the full minutes text for item 12.

The report provided details of a linked transaction that would provide the Council with the opportunity to procure a major development and employment project on this key regeneration site in accordance with Wycombe District Local Plan.  Key elements of the development proposal included a major film studio on a 24-acre site owned freehold by the Council and an employment development on an 18-acre site within WAP.

The overall transaction would generate rental income for the Council that would support the Council’s Medium-Term Financial Plan.  In addition, the Council would receive a significant capital receipt that would contribute to the capital receipts target to fund priority capital projects of the Council.  Aside from the financial and economic benefits of the transaction to the Council, it would also provide a capital receipt to AAA; enable the return of Booker Gliding Club (“BGC”) to Wycombe Air Park and a cessation of legal proceedings between AAA and the Council without further costs.

RESOLVED –

That, subject to the necessary planning permission being granted, authority be delegated to the Service Director for Property and Assets, in consultation with the Cabinet Member for Accessible Housing and Resources, the Service Director for Legal and Democratic Services and the Section 151 Officer to:

(i)                 Authorise and undertake necessary outstanding due diligence, agree final terms for both a lease re-gear with AAA and a Collaboration Agreement for the disposal of Site B (“the principal transaction”) and exchange and complete relevant legal documentation for the reasons detailed in the Cabinet report and in the confidential appendix.

(ii)                Authorise and undertake necessary outstanding due diligence, agree final terms for the sale of Site B to the current proposed investor/developer or an alternative party (“the associated transaction”),and to exchange and complete relevant legal documentation for the reasons set out in the Cabinet report and the confidential appendix.

The report provided details of a linked transaction that would provide the Council with the opportunity to procure a major development and employment project on 24 acres of land (“Area A” in the report) immediately to the south of Wycombe Air Park.  This would enable the development of a comprehensive and permanent film studio scheme subject to receipt of planning and would bring forward employment development on Site B in accordance with the August 2019 adopted Wycombe District Local Plan (“WDLP”), subject to receipt of a satisfactory planning permission and the securing of vacant possession to all the site.

The overall transaction would generate rental income for the Council that would support the Council’s Medium-Term Financial Plan.  In addition, the Council would receive a significant capital receipt that would contribute to the capital receipts target to fund priority capital projects of the Council.  Aside from the financial and economic benefits of the transaction to the Council, it would also provide a capital receipt to AAA; enable the return of Booker Gliding Club (“BGC”) to Wycombe Air Park and a cessation of legal proceedings between AAA and the Council without further costs.

The Cabinet agenda included a confidential appendix on the detailed financial terms of the transaction. 

RESOLVED –

That, subject to the necessary planning permission being granted, authority be delegated to the Service Director for Property and Assets, in consultation with the Cabinet Member for Accessible Housing and Resources, the Service Director for Legal and Democratic Services and the Section 151 Officer to:

(i)                  Authorise and undertake necessary outstanding due diligence, agree final terms for both a lease re-gear with AAA and a Collaboration Agreement for the disposal of Site B (“the principal transaction”) and exchange and complete relevant legal documentation for the reasons detailed in the Cabinet report and in the confidential appendix.

(ii)                Authorise and undertake necessary outstanding due diligence, agree final terms for the sale of Site B to the current proposed investor/developer or an alternative party (“the associated transaction”),and to exchange and complete relevant legal documentation for the reasons set out in the Cabinet report and the confidential appendix.

12 July 2022 at 10am

The next meeting would be held at 10am on Tuesday 12 July 2022.