23/05/2019 - 19/00043 - Basic Need Programme Update and Proposed Process for School Organisation Proposals

Proposed decision

 

As Cabinet Member for Children, Young People and Education,I propose 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

 

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 Maker: Cabinet Member for Children, Young People and Education

Decision due date: Not before 03/06/2019 In order that the proposed decision can be publsihed for a minimum of 28 days, in accordance with statutory requirements

Division affected: Ashford Rural West; Ashford South; Dartford North East; Gravesend East; Maidstone Rural East; Sevenoaks North & Darent Valley; Sevenoaks Town; Swanscombe and Greenhithe; Tonbridge; Tunbridge Wells South; Tunbridge Wells West;

Lead officer: David Adams

Notice of decision: 24/04/2019

Anticipated restriction: Open


20/05/2019 - 19/00042 - Kent County Council Acting as Enforcement Body for Local Planning Authorities

Proposed Decision

 

Delegate the authority for KCC to enter into the planning obligation enforcement arrangements, subject to a range of conditions, to the appropriate KCC officer, the Director of Economic Development.

 

 

Background

 

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.

 

Decision Maker: Cabinet Member for Economic Development

Decision due date: Not before 28/05/2019 In order hat the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: (All Division);

Lead officer: Nigel Smith

Notice of decision: 29/04/2019

Anticipated restriction: Open


20/05/2019 - 19/00041 - Regional Growth Fund administration changes and Transfer of funds to Thurrock Council

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.

Decision Maker: Cabinet Member for Economic Development

Decision due date: Not before 28/05/2019 In order that the proposed decison can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: (All Division);

Lead officer: Martyn Riley

Notice of decision: 29/04/2019

Anticipated restriction: Open


20/05/2019 - 19/00039 - Award of a short-term contract to the Commercial services Group for the operation of three household waste recycling centres

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.

 

 

 

 

 

Decision Maker: Cabinet Member for Planning, Highways, Transport and Waste

Decision due date: Not before 28/05/2019 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: Dartford East; Dartford North East; Dartford Rural; Dartford West; Maidstone Central; Maidstone North East; Maidstone Rural East; Maidstone Rural North; Maidstone Rural South; Maidstone Rural West; Maidstone South; Maidstone South East; Sevenoaks North & Darent Valley; Sevenoaks Rural North East; Sevenoaks Rural South; Sevenoaks Town; Sevenoaks West;

Lead officer: David Beaver

Notice of decision: 29/04/2019

Anticipated restriction: Open


29/04/2019 - 19/00040 - South West Kent Dry Recyclables Processing Contract - SC18061

Proposed Decision:

 

To provide authority to the Head of Waste Services to agree new supply arrangements for processing the South West Kent dry recyclables.

 

 

Background:

 

Due to changes to the mix of co-mingled dry recyclable materials collected by both Tunbridge Wells Borough Council (TWBC) and Tonbridge and Malling Borough Council (TMBC) from 30th September 2019, Kent County Council (KCC) needs to source an alternative supplier to process this waste for recycling and re-processing.

 

The dry recyclable waste collected by the Borough Partnership cannot be incorporated into the existing contract as the composition of the material is different.

 

The Contract will be environmentally beneficial as the materials will be recycled therefore avoiding less desirable environmental impact.

 

Decision Maker: Cabinet Member for Planning, Highways, Transport and Waste

Decision due date: Not before 28/05/2019 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: (All Division);

Lead officer: David Beaver

Notice of decision: 29/04/2019

Anticipated restriction: Open


01/04/2019 - 19/00031 - Increase in the designated number at The Elms School, Dover

Background:

 

The Elms School is a good school designated for 96 pupils with behaviour and learning needs. Currently the school has 130 pupils on roll. This number is expected to increase to 158 from September 2019. It is necessary therefore, to regularise this situation and increase the designated number of the school via a statutory process.

 

Legislation requires that statutory proposals are undertaken where the number of pupils on roll of a special school exceeds its designated number by more than 10%. Therefore, we are proposing to increase the designated number to 158, to regularise the current position and to increase the number of places available. 

 

Proposed decision:

 

Increase the designated number of The Elms School, Dover from 96 to 158 places

 

Decision Maker: Cabinet Member for Children, Young People and Education

Decision due date: Not before 30/04/2019 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: Dover Town;

Lead officer: David Adams

Notice of decision: 01/04/2019

Anticipated restriction: Open


01/04/2019 - 19/00038 - Increase in the age range and the designated number at Oakley School, Tunbridge Wells

Background:

 

Oakley School is the PSCN school for Tunbridge Wells.  Its designated age range is 2-18 years.  All other PSCN schools in Kent are designated up to age 19 years (ie include Year 14 - young people who turn 19 during the academic year).  Oakley School has established a separate company which is an Independent Specialist College (Oakley College) for young adults aged 19-25 years.  This takes young people who are aged 19 (i.e. Year 15).  The anomaly of Oakley being the sole PSCN school without provision for Year 14 and the fact pupils have a one-year gap before they can enter Oakley College needs to be addressed.

 

Proposed Decision:

 

Increase the age range of Oakley School, Tunbridge Wells from 2-18 to 2-19 and increase the designated number from 242-252 places.

 

Decision Maker: Cabinet Member for Children, Young People and Education

Decision due date: Not before 14/05/2019 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: Tunbridge Wells South;

Lead officer: David Adams

Notice of decision: 01/04/2019

Anticipated restriction: Open


19/03/2019 - 19/00028 - Expansion of Palmarsh Primary School

Background Information:

 

In January 2017 permission was agreed to release £2,200,000 from the Education and Young People’s Services Capital budget to enable Palmarsh Primary School to expand to 1FE. It was understood that this would be the first phase of a gradual expansion to 2FE.

 

The first phase of the expansion would provide 3 new classrooms, a new entrance off Jubilee Close, offices and car parking with further classrooms being added in later phases.

 

Planning permission for the first phase of the expansion has been achieved. However, in order to secure the said planning permission significant adaptations needed to be made increasing the capital costs to £2,600,000.

 

Options:

 

Consideration has been given as to how we can scale back the first phase of the expansion plans, ensuring there is: is sufficient high quality classroom space for the school to expand to 1FE; provision of a new entrance off Jubilee Close; increased car parking and the completion of agreed s278 works.

 

Sufficient classroom space could be achieved via the removal of an old mobile classroom and replacing this with a new two classroom mobile unit. The new offices and permanent classrooms could be delivered in a later phases as an when there is a need for second FE of provision. The total costs for the mobile classrooms, new entrance off Jubilee Close, car parking and s278 works would be in the region of £700,000.

 

A variation to the present planning permission will be required if this was to proceed.

 

Proposed decision:

 

The Cabinet Member for Children, Young People and Education is asked to release £625,000 of the £2,200,000 already agreed from the Children, Young People and Education Capital budget to expand Palmarsh Primary School to 1FE.

Decision Maker: Cabinet Member for Children, Young People and Education

Decision due date: Not before 16/04/2019 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: Hythe West;

Lead officer: David Adams

Notice of decision: 19/03/2019

Anticipated restriction: Open


19/03/2019 - 19/00020 - Joint Transportation Board - Revised Agreement

To adopt the revised JTB Agreement.

 

·   Background

 

Joint Transportation Boards between KCC and the District/Borough Councils were established in 2005 to facilitate discussion and co-operation on local highway and transportation issues. Underpinning the JTBs is a legal agreement signed by KCC and each District/Borough.

 

  • Options

 

The current Agreement terms allow for the Agreement to be reviewed every four years or at the instigation of the Kent County Council Corporate Director responsible for Highways and Transportation and amended by agreement between the parties if necessary as a consequence of any review. 

 

Decision Maker: Cabinet Member for Planning, Highways, Transport and Waste

Decision due date: Not before 27/03/2019 In orderthat the the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: (All Division);

Lead officer: Theresa Warford

Notice of decision: 26/02/2019

Anticipated restriction: Open


09/01/2018 - 17/00135 - Pitch Allocation Policy for Gypsy and Traveller Service Change

To revise and update Kent County Council’s (KCC) Gypsy and Traveller Service Allocations Policy and to the introduction of a service charge which will be subject to an  annual increase in line with the Retail Price Index (RPI) for all plots on KCC managed sites, which will be used to maintain and support reasonable living standards for site residents.

Decision Maker: Cabinet Member for Community and Regulatory Services

Decision due date: Not before 18/07/2018 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Lead officer: Palminder Sandher

Notice of decision: 09/01/2018

Anticipated restriction: Open


20/12/2017 - 17/00125 - Healthwatch Kent interim contract

Proposed decision: To agree:-

 

a)    the implementation of an interim contract for the provision of a Local Healthwatch for Kent for the period April 1st 2018 to March 31st 2020, with sufficient break clauses to end earlier where appropriate; and

 

b)    To incorporate the Service User Forum and Mental health Action Groups into the Healthwatch Kent contract

 

How the decision relates to Corporate Objectives

 

·         Commissioning Framework Principle 7:  Customers at the heart of our commissioning approach

·         KCC’s commissioning of a Healthwatch for Kent is required by duties under the Health and Social Care Act 2012, which built upon the Local Government and Public Involvement in Health Act 2007

 

The matter is referred to in the Business Plan/Medium Term Capital Programme.

Decision Maker: Deputy Leader and Cabinet Member for Finance and Traded Services

Decision due date: Not before 17/01/2018 in order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: (All Division);

Lead officer: Emma Hanson

Notice of decision: 20/12/2017

Anticipated restriction: Open


20/09/2017 - 17/00094 - Disposal of Land East of Great Chart Primary School, Singleton

Approval to the Director of Infrastructure to progress with and enter into the necessary documentation to complete the disposal of the aforementioned property in consultation with the Cabinet Member for Corporate and Democratic Services. The Decision will seek legal agreements to be actioned to complete the sale of the relevant properties.

Decision Maker: Cabinet Member for Corporate and Democratic Services

Decision due date: Not before 18/10/2017 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Lead officer: Roderick Lemerle

Notice of decision: 20/09/2017

Anticipated restriction: Part exempt  - view reasons


20/09/2017 - 17/00084 - (Phase 2) A274 Sutton Road, Maidstone at its junction with Willington Street

The Willington Street Junction Improvement Scheme is to help reduce congestion on the Sutton Road corridor on the A274 strategic route. Public engagement on the revised scheme layout will be carried out during August 2017, a report will be presented to advise the feedback and potential amendments including any related mitigation measures.

 

The scheme supports policy objectives of supporting existing businesses and encouraging economic activity with housing growth and job creation by reducing congestion and improving infrastructure and accessibility.

 

Decision Maker: Cabinet Member for Planning, Highways, Transport and Waste

Decision due date: Not before 18/10/2017 In order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements

Division affected: Maidstone Rural North; Maidstone South; Maidstone South East;

Lead officer: Russell Boorman

Notice of decision: 20/09/2017

Anticipated restriction: Open


06/10/2016 - 16/00101 - Proposal to expand Marden Primary School

The Cabinet Member for Children, Young People and Education will be asked to agree to:

 

      i.        Expand Marden Primary School, Goudhurst Road, Marden, Tonbridge, Kent, TN12 9JX, from 280 places to 420 places, increasing the published admission number (PAN) from 40 to 60 for Year R entry in September 2018

     ii.        Allocate the budget from the Basic Needs budget (full details to be provided within the Education and Young People’s Services Cabinet Committee Report)


In accordance with Appendix 4 Part 2 16 (a) of the Council’s constitution, the Council’s Executive Scheme of Officer Delegation provides that “Once a Member-level decision has been taken……the implementation of that decision should be delegated to officers…”  In this instance it is envisaged that the
Director of Infrastructure will inherit the authority to act and will enter into any necessary contracts/ agreements on behalf of the County Council or further delegate responsibilities in accordance with 16 (c) of the same scheme “Senior Managers exercising delegated powers will…be able to sub-delegate…functions to more junior officers”

Decision Maker: Cabinet Member for Children, Young People and Education

Decision due date: Not before 01/01/2018 In order to ensure that the council conforms to statutory and local governance requirements.

Division affected: Maidstone Rural West;

Lead officer: Jared Nehra

Notice of decision: 03/10/2016

Anticipated restriction: Open


26/02/2015 - Lawn Primary School, Gravesend - New Playing Field

Update 01 February 2017:  Officers have confirmed that the decision is still ‘live’ and that KCC continue to work with the landowner regarding use of the land and any consequential s106 arrangements.  The process is expected to be lengthy and is likely to be ongoing for the duration of 2017.

 

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The Cabinet Member will be asked to agree that KCC take a long lease of 99 years at a nominal rent from Lafarge to facilitate expansion of school roll.

Lafarge to create new playing field and to maintain subsoil thereafter.

The Playing Field is being delivered as part of a s106 Agreement being a contribution to mitigate the impact of adjacent development of 510 homes upon Lawn Primary School and free up space on the existing Lawn PS site to enable expansion of the existing school buildings from 1FE to 2FE.

Decision Maker: Cabinet Member for Corporate and Democratic Services

Decision due date: Before 01/01/2018 In order that the decision can be considered by the relevant Cabinet Committee before being taken by the Cabinet Member

Division affected: Northfleet & Gravesend West;

Notice of decision: 23/02/2015

Anticipated restriction: Open