Cabinet Member decisions

Background

The Cabinet member for Children, Young People and Education will propose a new process to  ensure key decisions would be made at a time when robust information is available.  This includes costs, deliverability, and timescales in addition to the greater understanding of risk associated with each scheme. Any potential reputational risks to KCC should reduce. Implementation dates can be set with greater certainty, reducing situations where the school and KCC are required to admit pupils ahead of the buildings being available.  Importantly schemes which become poor value for money due to high abnormal costs can be reconsidered before KCC is legally committed via a public notice.

The current CYPE Basic Need Programme consists of 79 projects across primary, secondary and special schools ranging from bulge years and expansions through to completely new schools. The current total value of the programme is £302.1m over the period 2018-2021.

The programme has, over the past seven years, been managed such that any cost pressures have been contained within the budget approved by County Council. In order to manage this budget effectively a programme management approach has been adopted which involves CYPE, Infrastructure and GEN2.  The present approval process for capital projects can lead to budgets being set at a stage when full cost details are unavailable.  This can create a situation where some schemes are delivered at a lower cost than originally anticipated, some are withdrawn for a variety of reasons, and others become more expensive as design and planning stages proceed.

Currently, using the mandate of the approved KCP, officers move individual school organisation proposals forward. Initial feasibility work is carried out to move from an identified pressure, i.e. 1FE within a particular planning area to a proposed solution.  Depending upon the point in the annual cycle that this information becomes available, the next iteration of the KCP may name the intended scheme.  The proposal next moves to public consultation.  This is led by KCC if it relates to a maintained school, or by the trust if an academy or free school.  The outcome of consultations, together with estimated capital costs derived from the initial feasibility study, are reported to CYPE Cabinet Committee.  The Cabinet Committee’s views on the proposal are then considered by the Cabinet Member for CYPE, who decides whether to progress the scheme.  In the case of maintained schools this results in a statutory public consultation being issued in the form of a public notice, and in the case of an academy/free school, a decision to make the capital funds available, subject to any decision needed from the Secretary of State.  It is this part of the process we recommend is amended.

The current arrangements result in a decision being made, and public notice issued, based on a high-level budget estimate and an early assessment of timescales for delivery.  When the statutory public notice is issued, a “complete proposal” is also produced and published in line with the requirements of Regulations.  This sets out the County Council’s commitment to make the funding available to deliver the scheme, and sets the implementation date.  The risks of a scheme running over-budget and over-time are significantly greater at this point, than if the key decision was made later in the process. 

Implementing a revised decision-making process,  will ensure that key decisions are made at a time when robust information is available.  This includes costs, deliverability, and timescales in addition to the greater understanding of risk associated with each scheme. Any potential reputational risks to KCC should reduce. Implementation dates can be set with greater certainty, reducing situations where the school and KCC are required to admit pupils ahead of the buildings being available.  Importantly schemes which become poor value for money due to high abnormal costs can be reconsidered before KCC is legally committed via a public notice.

The reasons for needing to adjust the budget allocations for the schemes above will be reported to CYPE Cabinet Committee, and these have been taken in to account in the final decision.

Decision

As Cabinet Member for Children, Young People and Education,I agree to:

1.    Revise the approval process for school organisation proposals.

2.    Reallocate monies within the CYPE capital programme as follows:

a)         Wilmington Academy - allocate a further £2m (original decision number      16/00033(e))

b)        Wilmington Grammar School for Girls - allocate a further £2.8m (original decision number          16/00033(d))

c)         St John’s Catholic Primary School, Gravesend - allocate a further £2.2m (original decision         number 16/00055)

d)        Seal CE Primary School, Sevenoaks – allocate a further £1.72m (original decision number          15/00093(b))

e)        Trinity School, Sevenoaks - allocate a further £1m (original decision number 18/00006)

f)         Craylands Primary School, Dartford – allocate a further £0.55m (original decision number 15/00093(g))

g)        Harrietsham CEPS – allocate a further £0.6m (original decision number 17/00100)

h)        The Judd School – allocate £0.4m (original decision number 18/00019)

i)          Bennett Memorial Diocesan School - allocate a further £1m (original decision number 17/00104)

j)          St Gregory’s Catholic School - allocate a further £0.8m (original decision number 17/00106)

k)         St Peter’s CEPS, Tunbridge Wells – allocate a further £1.0m (original decision number 18/00020)

l)          Chilmington Green PS, Ashford – allocate a further £1.2m (original decision number 17/00056)

m)        River Mill, Dartford Northern Gateway – allocate £1.9m (new decision)

Background:

From June 2019 until November 2020, award a short-term variation of the contract for the operation and management of three additional household Waste recycling Centres to Commercial Services Group (CSG), Sites at Tovil, Maidstone and Swanley.

The incumbent contract expires at its full term in June 2019, it is not possible to extend this arrangement.

This will mean five sites will be operated in West Kent by CSG, these form 1 Lot of the contracted service for the management of Household Waste Recycling Centres and Transfer Stations

There are two further lots, consisting of six sites each, which serve the County, Mid Kent (Lot 2) and East Kent (Lot 3) the initial period of these contracts expires in November 2020.

By awarding a shorty-term contract, this will bring all contracts to a common end date and will allow officers to design a common commissioning for the whole county. The detail of this commissioning plan which will be discussed with Members of the Environment and Transport Cabinet Committee.

As Cabinet Member for Planning, Highways, Transport and Waste I agree to:

a)    Award a short-term variation of the contract for the operation and management of three Household Waste Recycling Centres at Tovil, Maidstone & Swanley, to Commercial Services Group (CSG)from June 2019 until November 2020; and

b)    Note that Officers will prepare a common commissioning plan for the whole County. The detail of the various options within this commissioning plan, will be discussed at a future meeting of the Environment and Transport Cabinet Committee.

There have been recent examples in both Tunbridge Wells Borough and Folkestone & Hythe District where the councils were developing schemes on land within their ownership. This created a potential conflict for both authorities where they were potentially party to the planning obligations in more than one capacity.

Districts are keen to avoid this conflict and have sought legal advice to determine options to resolve it. Recent advice has suggested there are a range of options open to the District. These may include seeking a way of the district only entering into the planning obligation as planning authority not as landowner and leasing their land interest to a third party. There may also be instances where the district’s land need not be not bound by the planning obligation.

However, some of these options are not always preferable particularly where the council wishes to retain control of land within its ownership. An alternative option is for the County Council to take on the enforcing role on behalf of the LPA. KCC would be party to the planning obligation and identified as the local authority by whom the planning obligations are enforceable for the purposes of the s106 agreement.

As Cabinet Member for Economic Development I agree to approve the principle of delegating the authority to act as the enforcement body for District and Borough S106 obligations subject to a range of conditions, to the appropriate officer; the Director of Economic Development.

Background:

Kent County Council (KCC) administers the grant of loans to companies under the terms of the Regional Growth Fund (RGF) and receives the repayments of those loans.  Under the “Tiger” RGF programme companies in Thurrock were eligible to receive loans. KCC is now seeking to transfer recovered loan repayments obtained from Thurrock companies. 

These recovered loan repayments collected by KCC and sourced from Thurrock businesses will then be transferred to Thurrock Council which will then oversee the use of these funds to support local small and medium sized enterprises in their local authority area.

As Cabinet Member for Economic Development I agree:

(a) that administration of and funding-decision authority for the monies previously recovered from companies based in Thurrock and handled via the Tiger Scheme, be transferred to Thurrock Council for management via their own new business loan scheme; and

(b)  that authority be delegated to the Director of Economic Development to take appropriate actions, including but not limited to, entering into legal agreements as necessary to implement this decision.