Agenda, decisions and minutes

No apologies for absence were received.

Councillor Linda Leach declared a non-pecuniary interest in item 4 - Council Tax Base and Business Rates (NDR) Net Rate Yield 2022-2023 and Draft Budget Update 2022-2023.   David Pattison, Chief Operating Officer advised that there is a standard dispensation for Councillors in the Constitution namely in relation to members’ allowances, business rates, plus housing matters and rents.

[For approval]

Resolved:

That the minutes of the previous meeting held on 17 November 2021 be approved as a correct record and signed by the Chair.

[To set the estimates for Wolverhampton Collection Fund 2022-2023, which the Council manages on behalf of local precepting bodies and central government and to provide an update on the draft budget for 2022-2023]

1.      That the Collection Fund Council Tax Base for 2022-2023 be set at 64,936.94 Band D equivalents.

2.      That the Collection Fund Business Rates, also referred to as Non-Domestic (NDR), Net Rate Yield for 2022-2023 be set at £65.6 million.

3.      That authority be delegate authority to the Leader of the Council in consultation with the Director of Finance to approve amendments to:

a.      The final Business Rates Net Yield as required as a result of changes to the NNDR 1 form (National Non-Domestic Rates return) by the Department for Levelling Up, Housing and Communities or data revisions and changes in projections;

b.      The Council Tax Base as a result of any data revisions and changes in projections.

4.      That the impact on the draft budget strategy for 2022-2023 including the headlines arising from the Spending Review 2021 be noted.

5.      That it be noted that the final budget report presented to Cabinet in February 2022 would reflect the outcome of the settlement and detailed budget work for 2022-2023, including a review of all budget reduction proposals and the risks associated with their delivery. 

6.  That it be noted that for the purposes of the budget setting process an increase in council tax of 1.99% and a 1% adult social care precept is assumed for 2022-2023, in line with the Spending Review Statement.

Councillor Ian Brookfield presented the report on the estimates for the Wolverhampton Collection Fund 2022-2023, which the Council managed on behalf of local precepting bodies and central government. The report also provided an update on the draft budget strategy 2022-2023 following the headlines arising from the Government’s Spending Review Statement 2021.

Resolved:

1.    That the Collection Fund Council Tax Base for 2022-2023 be set at 64,936.94 Band D equivalents.

2.    That the Collection Fund Business Rates, also referred to as Non-Domestic (NDR), Net Rate Yield for 2022-2023 be set at £65.6 million.

3.    That authority be delegate authority to the Leader of the Council in consultation with the Director of Finance to approve amendments to:

a.      The final Business Rates Net Yield as required as a result of changes to the NNDR 1 form (National Non-Domestic Rates return) by the Department for Levelling Up, Housing and Communities or data revisions and changes in projections;

b.      The Council Tax Base as a result of any data revisions and changes in projections.

4.    That the impact on the draft budget strategy for 2022-2023 including the headlines arising from the Spending Review 2021 be noted.

5.    That it be noted that the final budget report presented to Cabinet in February 2022 would reflect the outcome of the settlement and detailed budget work for 2022-2023, including a review of all budget reduction proposals and the risks associated with their delivery. 

6.    That it be noted that for the purposes of the budget setting process an increase in council tax of 1.99% and a 1% adult social care precept is assumed for 2022-2023, in line with the Spending Review Statement.

[To present the estimated outturn for Council Tax and Business Rates, also referred to as Non-Domestic Rates (NDR), transactions on the Collection Fund in 2021-2022]

1.      That the estimated outturn for Council Tax in 2021-2022 is a cumulative deficit of approximately £3.5 million which includes the carry forward of the in-year 2020-2021 deficit, which the Government confirmed could be spread over three years from 2021-2022 to 2023-2024.

2.      That the estimated outturn for Business Rates, also referred to as Non-Domestic Rates, in 2021-2022 is a cumulative deficit of approximately £15.4 million; this is as a result of a cumulative deficit totalling £6.1 million brought forward from 2020-2021, which the Government confirmed could be spread over three years from 2021-2022 to 2023-2024, and an estimated deficit in 2021-2022 totalling approximately £9.3 million.

3.      That authority be delegated to the Leader of the Council, in consultation with the Director of Finance, to confirm any final changes to the forecast outturn reflecting any further information received ahead of the statutory deadline of 31 January 2022.

4.      That authority be delegated to the Director of Finance to confirm and arrange the final payments to the precepting authorities.

5.      That it be noted that at the point of writing the Council awaits confirmation of the Government’s view regarding the spread of the 2020-2021 deficit. The information provided in this report are therefore estimates at this stage and are subject to change following the publication of guidance as part of the Provisional Local Government Finance Settlement.

Councillor Ian Brookfield presented the report on the estimated outturn for Council Tax and Business Rates, also referred to as Non Domestic Rates (NDR), transactions on the Collection Fund in 2021-2022.  The proposals would inform the budget setting process for 2022-2023 for the Council and precepting bodies.

Resolved:

1.    That the estimated outturn for Council Tax in 2021-2022 is a cumulative deficit of approximately £3.5 million which includes the carry forward of the in-year 2020-2021 deficit, which the Government confirmed could be spread over three years from 2021-2022 to 2023-2024.

2.    That the estimated outturn for Business Rates, also referred to as Non-Domestic Rates, in 2021-2022 is a cumulative deficit of approximately £15.4 million; this is as a result of a cumulative deficit totalling £6.1 million brought forward from 2020-2021, which the Government confirmed could be spread over three years from 2021-2022 to 2023-2024, and an estimated deficit in 2021-2022 totalling approximately £9.3 million.

3.    That authority be delegated to the Leader of the Council, in consultation with the Director of Finance, to confirm any final changes to the forecast outturn reflecting any further information received ahead of the statutory deadline of 31 January 2022.

4.    That authority be delegated to the Director of Finance to confirm and arrange the final payments to the precepting authorities.

5.    That it be noted that at the point of writing the Council awaits confirmation of the Government’s view regarding the spread of the 2020-2021 deficit. The information provided in this report are therefore estimates at this stage and are subject to change following the publication of guidance as part of the Provisional Local Government Finance Settlement.

[To approve the City of Wolverhampton Council response to the South Staffordshire Local Plan Preferred Options consultation]

1.      That the following principles be approved as the basis of the Council’s response to the South Staffordshire Local Plan (SSLP) Preferred Options consultation:

Duty to Cooperate and Statements of Common Ground

a.      Acknowledgment that the Black Country Authorities (BCA) and South Staffordshire District Council (SSDC) have been working together constructively on planning issues of mutual interest and that this is expected to continue.  Going forward, it is essential that the phasing of site delivery and associated infrastructure (including the construction period) is managed in a coordinated manner given the clustering of proposed allocations and the cumulative impact of development.

b.      Expectation that, as the Black Country Plan (BCP) and SSLP both move towards Publication in summer 2022, the BCA and SSDC will aim to reach agreement on all relevant cross-boundary issues and reflect this agreement in draft Statements of Common Ground to support each Plan;

c.      Support for the preferred housing growth option of local housing need plus 4,000 homes to meet Greater Birmingham and Black Country Housing Market Area need up to 2038;

d.      Given detailed evidence provided by the Draft BCP that the Black Country has a very significant housing shortfall up to 2039, and the close geographical, migration and commuting links between the Black Country and South Staffordshire, request that the full 4,000 homes should be specifically allocated to meet Black Country housing needs;

e.      Support the longer term growth aspirations for a new settlement with strong sustainable transport links to the Black Country, which could help meet longer term Black Country housing shortfalls;

f.        Request that the South Staffordshire Housing and Employment Needs Assessment (HEDNA) is completed as soon as possible, with due regard to the Black Country EDNA (2021) and the West Midlands Interchange Apportionment Study, and shared with the BCA as soon as possible to determine how far the SSLP will be able to contribute towards significant unmet employment land needs in the Black Country.

Site allocations and cross-boundary infrastructure

g.      Noting the scale and location of the proposed extensions to the Wolverhampton urban area and to commit to require further work on infrastructure requirements associated with the type, scale, location and phasing of development and assurances that close joint working on all relevant planning issues will continue throughout the Plan preparation process, Supplementary Planning Document (SPD) preparation, pre-application and planning application processes;

h.      Request that a SPD and Infrastructure Delivery Strategy is also prepared for the Langley Road site;

i.        Request that the affordable housing secured on sites proposed in the Plan within the Wolverhampton locality are allocated through nomination rights for Wolverhampton residents, and that this requirement is set out in the Publication Plan;

j.        Request that the combined impact of SSLP and BCP developments on the wider transport network is assessed, that development links effectively to the strategic transport network and avoids excessive pressure on sensitive transport links, that effective sustainable transport solutions are provided to connect essential trips to the local network, and that developments seek to minimise trip  ...  view the full decision text for item 6.

Councillor Stephen Simkins presented the report on a summary of the South Staffordshire Local Plan (SSLP) Preferred Options Consultation, which set out preferred housing and employment site allocations and policy directions. The report detailed the implications of the SSLP for Wolverhampton, together with principles for City of Wolverhampton Council’s response to South Staffordshire’s plans to build on the periphery of the City.

Resolved:

1.    That the following principles be approved as the basis of the Council’s response to the South Staffordshire Local Plan (SSLP) Preferred Options consultation:

 Duty to Cooperate and Statements of Common Ground

a.    Acknowledgment that the Black Country Authorities (BCA) and South Staffordshire District Council (SSDC) have been working together constructively on planning issues of mutual interest and that this is expected to continue.  Going forward, it is essential that the phasing of site delivery and associated infrastructure (including the construction period) is managed in a coordinated manner given the clustering of proposed allocations and the cumulative impact of development.

b.    Expectation that, as the Black Country Plan (BCP) and SSLP both move towards Publication in summer 2022, the BCA and SSDC will aim to reach agreement on all relevant cross-boundary issues and reflect this agreement in draft Statements of Common Ground to support each Plan;

c.     Support for the preferred housing growth option of local housing need plus 4,000 homes to meet Greater Birmingham and Black Country Housing Market Area need up to 2038;

d.    Given detailed evidence provided by the Draft BCP that the Black Country has a very significant housing shortfall up to 2039, and the close geographical, migration and commuting links between the Black Country and South Staffordshire, request that the full 4,000 homes should be specifically allocated to meet Black Country housing needs;

e.    Support the longer term growth aspirations for a new settlement with strong sustainable transport links to the Black Country, which could help meet longer term Black Country housing shortfalls;

f.      Request that the South Staffordshire Housing and Employment Needs Assessment (HEDNA) is completed as soon as possible, with due regard to the Black Country EDNA (2021) and the West Midlands Interchange Apportionment Study, and shared with the BCA as soon as possible to determine how far the SSLP will be able to contribute towards significant unmet employment land needs in the Black Country.

Site allocations and cross-boundary infrastructure

g.      Noting the scale and location of the proposed extensions to the Wolverhampton urban area and to commit to require further work on infrastructure requirements associated with the type, scale, location and phasing of development and assurances that close joint working on all relevant planning issues will continue throughout the Plan preparation process, Supplementary Planning Document (SPD) preparation, pre-application and planning application processes;

8.      Request that a SPD and Infrastructure Delivery Strategy is also prepared for the Langley Road site;

9.      Request that the affordable housing secured on sites proposed in the Plan within the Wolverhampton locality are allocated through nomination rights for Wolverhampton residents, and that this requirement is  ...  view the full minutes text for item 6.

[To report on the future options for the City's Energy from Waste plant]

1.      That the proposed way forward in terms of the short term and contract end requirements for the Energy from Waste Plant identified within the body of the report be approved.

2.      That entering into a formal Energy from Waste partnership arrangement as detailed within the report be endorsed.

3.      That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to sign an initial knowledge sharing formal tripartite arrangement and any additional ancillary agreements.

4.      That Use of Budget Strategy reserve to cover initial Energy from Waste partnership expenditure be approved.

5.      That authority be delegated to the Director of City Housing and Environment, Director of Finance and Chief Operating Officer to proceed with next stage option appraisal work.

6.      That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to procure a new short term operate and maintain contract on final expiry of the current contract. 

7.      That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to agree the terms to extend the current contract if required.

8.      That the contract end issues identified within the report and the proposed way forward be noted.

9.      That the need to undertake further work to determine the future strategic direction in terms of the Energy from Waste Plant be noted.

Councillor Steve Evans presented the report on an update on the contractual arrangements in place for the operation of the Energy from Waste (EfW) Plant. The report outlined the short term implications of the contract end on 11 February 2023 and made recommendations to address issues associated with that end, taking into account the financial implications.  This included an opportunity to enter into a partnership arrangement to deliver the short term requirements for the Wolverhampton EfW Plant.

Resolved:

1.    That the proposed way forward in terms of the short term and contract end requirements for the Energy from Waste Plant identified within the body of the report be approved.

2.    That entering into a formal Energy from Waste partnership arrangement as detailed within the report be endorsed.

3.    That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to sign an initial knowledge sharing formal tripartite arrangement and any additional ancillary agreements.

4.    That Use of Budget Strategy reserve to cover initial Energy from Waste partnership expenditure be approved.

5.    That authority be delegated to the Director of City Housing and Environment, Director of Finance and Chief Operating Officer to proceed with next stage option appraisal work.

6.    That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to procure a new short term operate and maintain contract on final expiry of the current contract. 

7.    That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to agree the terms to extend the current contract if required.

8.    That the contract end issues identified within the report and the proposed way forward be noted.

9.    That the need to undertake further work to determine the future strategic direction in terms of the Energy from Waste Plant be noted.

[To pass the following resolution:

That in accordance with Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business as they involve the likely disclosure of exempt information on the grounds shown below.]

That in accordance with Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business as they involve the likely disclosure of exempt information relating to the financial or business affairs of any particular person (including the authority holding that information)

Resolved:

That in accordance with Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business as it involves the likely disclosure of exempt information relating to the financial or business affairs of any particular person (including the authority holding that information).

The Chair reported that as stated previously the meeting was in confidential session as the information included in the report could, if released into the public domain, prejudice the financial position of the Council or its partners.  As such all present are under a legal duty of confidentiality and must not disclose any confidential information - to do so would not only be a breach of the Council's codes (for councillors and employees) but also a breach of the legal duty of confidentiality.

[To report on the future options for the City's Energy from Waste plant]

1.      That the proposed way forward in terms of the short term and contract end requirements for the Energy from Waste Plant identified within the body of the report be approved.

2.      That the entering into a formal Energy from Waste partnership arrangement as detailed within the report be endorsed.

3.      That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to sign an initial knowledge sharing formal tripartite arrangement and any additional ancillary agreements.

4.      That Use of Budget Strategy reserve to cover initial Energy from Waste partnership expenditure be approved.

5.      That authority be delegated to the Director of City Housing and Environment, Director of Finance and Chief Operating Officer to proceed with next stage option appraisal work.

6.      That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to procure a new short term operate and maintain contract on final expiry of the current contract.  

7.      That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to agree the terms to extend the current contract if required.

8.      That the contract end issues identified within the report and the proposed way forward be noted.

9.      That the need to undertake further work to determine the future strategic direction in terms of the Energy from Waste Plant be noted.

Councillor Steve Evans presented for approval the exempt version of the report on future options for the Energy from Waste (EfW) Plant.

Resolved:

1.    That the proposed way forward in terms of the short term and contract end requirements for the Energy from Waste Plant identified within the body of the report be approved.

2.    That the entering into a formal Energy from Waste partnership arrangement as detailed within the report be endorsed.

3.    That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to sign an initial knowledge sharing formal tripartite arrangement and any additional ancillary agreements.

4.    That Use of Budget Strategy reserve to cover initial Energy from Waste partnership expenditure be approved.

5.    That authority be delegated to the Director of City Housing and Environment, Director of Finance and Chief Operating Officer to proceed with next stage option appraisal work.

6.    That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to procure a new short term operate and maintain contract on final expiry of the current contract. 

7.    That authority be delegated to the Cabinet Member for City Environment and Climate Change in consultation with the Director of City Housing and Environment and the Chief Operating Officer to agree the terms to extend the current contract if required.

8.    That the contract end issues identified within the report and the proposed way forward be noted.

9.    That the need to undertake further work to determine the future strategic direction in terms of the Energy from Waste Plant be noted.