Officer and Portfolio Holder Decisions

To provide an update regarding ongoing work related to 11-12 High Street, Wisbech site.

Agreed that the current position in relation to 11-12 High Street, Wisbech be noted.

To inform Cabinet as to the potential financial and social implications of the Government’s Asylum Seeker Dispersal Programme to the extent that it will relate to Fenland.

Agreed to:

·       note the contents of the report;

·       request officers to provide instructions as to what preparations need to be made by the Council in respect of the Asylum Seeker Dispersal Programme and the assessment of the Council’s revenue budget implications of the scheme; and

·       instruct officers, in conjunction with the Portfolio Holder for Housing, to send letters to Steve Barclay MP and the new Prime Minister to demand:

o   that Government continues and increases its attempts to identify and reduce the number of illegal asylum seekers entering and remaining in the UK

o   that Government significantly improves the asylum processing system so that asylum seekers’ applications are processed in a timely manner

o   that measures to remove from the UK those destitute individuals who have no recourse to public funds be significantly improved

o   that all additional local authority costs resulting from the Asylum Seeker Dispersal Policy should be guaranteed to be reimbursed in full by Government, including those costs which are incurred following an asylum seeker’s application for asylum being refused.

To provide an update on progress related to the 24 High Street, Wisbech redevelopment project.

Agreed that the current position in relation to 24 High Street, Wisbech be noted.

To seek authority to confirm the Article 4 Direction to remove permitted development rights for means of enclosure, formation of accesses, temporary uses and caravans, formation of tracks on land located in the open countryside to the rear of established and unrelated residential properties on the B1098, Horseway, Nr Chatteris, in the interests of the protection and appearance of the countryside.

Agreed that the Article 4 Direction to remove permitted development rights be confirmed.

Not applicable – exempt information which is not for publication by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

The recommendations proposed be agreed.

Not applicable – exempt information which is not for publication by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

The recommendations proposed be agreed.

Not applicable – exempt information which is not for publication by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

That the recommendations proposed be agreed.

To seek authority that an Article 4 Direction to remove permitted development rights for removal and alteration of the mud walls in Whittlesey be approved for public consultation.

Agreed that the Article 4 Direction be approved for public consultation.

The Council’s operational services use diesel fuel in the delivery of public services, which is brought in bulk through national frameworks to ensure that the Council benefits from the economies of scale and has a contingent stock for service and port requirements.  The current framework contract expires 30 September 2022 and, in line with governance and procurement requirements, Cabinet approval is required for the proposal renewal of a contract available through a purchasing framework put in place by ESPO on behalf of the authority.

Agreed to:

·       delegate authority for the Director(s) with responsibility for Environmental Services and the Port to procure diesel fuel through an ESPO tendered framework with immediate effect to ensure continuity of supply for these key services;

·       set a contract term for this provision of 2 years, plus the option of 2 years extension; and

·       delegate power for the Director(s) with responsibility for Environmental Services and the Port in consultation with the relevant Portfolio Holder(s) to extend this contract to its full term of 4 years where it continues to deliver best value.

To seek approval:

·       for the purchase of air quality monitoring equipment to monitor for particulates within the environment known as PM10 and PM2.5

·       to make monitoring data available on a real-time basis

·       for the development of a wider plan of pollution monitoring to consider relevant pollutants for all areas of concern within Fenland, with monitoring to commence in Whittlesey.

Agreed to:

·       approve the purchase of one monitoring sensor unit, to include a SO2 sensor, with associated support services to enable the publication of real-time data with the costs being funded from within existing budgets;

·       approve that the first location of this monitoring equipment being Whittlesey; and

·       officers to give consideration as to the publication of the results of the monitoring undertaken by them and third party monitoring and to report back to Cabinet on the options available.

Members considered the Fenland Future Ltd (FFL) Deed of Indemnity report presented by Peter Catchpole.

Councillor Boden stated that it would not be right to potentially put officers in a position of personal liability when carrying out the requests of the Investment Board, so this is report is welcome. He added that there are three different definitions of who is covered, looking at the deed of indemnity it relates in differing parts of the report to directors, officers of the Company, and

officers and members of Fenland District Council. 

Councillor Boden stated his concern about the position of the Company Secretary and requested clarification about the position of that role and whether they could or should be covered also. Peter Catchpole responded that he had looked at this from a legal perspective and the Company Secretary is covered in a statutory role as an officer of FFL and has the same standing as a director, therefore this term includes the Company Secretary. Councillor Boden stated that he would like this to be made clear in the report recommendations. Peter Catchpole agreed that would be acceptable.

The Investment Board AGREED to approve the form of indemnity agreement attached to the report, ensuring that it will also cover the Company Secretary.

Members considered the Scheme Update report including and transfers presented by Adam Broadway.

Members made comments, asked questions and received responses.

Members AGREED to note the confidential Scheme Briefing Paper, to authorise officers to assess the legal, financial and governance implications and, subject to these, for officers to present a formal case for approval at a future meeting. 

(Members resolved to exclude the public from the meeting for this item of business on the grounds that it involved the disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972).

Members considered the Fenland Future Ltd Service Level Agreement report presented by Peter Catchpole.

Councillor Boden said the agreement anticipates that there will be quarterly charges raised in arrears and he asked if it will be necessary to have a backdated set of invoices going back to beginning of the operation of the company. Peter Catchpole confirmed it will be necessary, there are accruals in both sets of accounts for costs incurred to date by both Fenland District Council (FDC) and FFL so it will be backdated to when FFL was first incorporated.

Councillor Boden queried the VAT status of FFL, the relationship between FDC and FFL and how it relates to service charges. Peter Catchpole responded that FFL is a registered entity for VAT, so FDC will have to charge VAT to FFL on these services, but FFL should be able to reclaim the VAT.  Councillor Boden thanked Peter Catchpole but asked why it was decided to have two separate VAT registrations rather than absorb FFL into FDC’s registration assuming that is legal. Peter Catchpole replied that officers had investigated several options and taken advice, they wanted FFL to be part of a separate VAT group because it is one limited company but depending on how we deliver going forward, this seemed to be the most advantageous way of doing that. 

Councillor Benney said if there was a specific project being looked at where the VAT implications would be different, another company could always be set up to run that project through with a different VAT scheme. Peter Catchpole replied that the most tax efficient way of doing things for any project would certainly be examined, and a number of options for how we deliver things through FFL are currently being looked at.

Councillor Boden asked how often VAT registration for FFL is reported. Mark Saunders replied FFL is reported quarterly and FDC is reported monthly. Councillor Boden asked officers to ensure that we do not end up with a timing difference that is disadvantageous to the entity as a whole.

The Investment Board AGREED to approve the draft Service Level Agreement at Schedule 1 of the report.

Members considered the Fenland Future Ltd Financing report presented by Peter Catchpole.

Peter Catchpole emphasised this is not a request for funding, this is a request to agree a loan agreement which will trigger how the Council funds in the future.

Councillor Boden thanked Peter Catchpole for this report, saying it has been a long time coming and it is good to be at this stage now. However, there are two places within the report with referencing issues that need amending, namely:

1.    Paragraph 11.2.2.2 on page 34 of the agenda pack, and similarly

2.    Paragraph 5, 19.1 on page 49.

The Investment Board AGREED to approve the Loan Agreement as set out at Schedule 1 of the report and to delegate authority to the Section 151 Officer and/or his nominated delegate(s) to authorise drawdown requests in consultation with the Chairman of the Investment Board or, if they are not available, one of the other members of the Investment Board, in accordance with the process outlined in Section 5 of the Loan Agreement itself.  

Members considered the Fenland Future Ltd Business Plan report presented by Adam Broadway, on behalf of FFL.

Councillor Boden said it is accepted that the Financial Plan will not end up correct; it is the best estimate that can be made with all the current uncertainties as to how FFL will pan out, but it is a moving target and will be updated on a quarterly basis. There is no figure for finance charges for 2025/6 but much will depend on cash flow and the speed at which properties can be built and sold. One would hope that the cash flow of the company will mean that it no longer will require any loan by 2025/6 but it is impossible to say. However, it is clear from the outline figures that the Business Plan is coherent and has significant potential for more profit than losses.

Members AGREED to note the Fenland Future Ltd Business Plan report and endorse the adoption of the revised FFL Business Plan (April 2022 to March 2025) and to receive further reports on the progress of FFL projects against the approved Business Plan in accordance with the approved articles of association for FFL.