Officer Decisions

Date of Decision:

16^th April 2024

Title:

Repairs and Maintenance Contract Modifications Post March 2025

Decision Maker:

(Including Job Title)

Ian Spicer, Strategic Director of Adult Care, Housing and Public Health

Details of Specific Cabinet Delegation

or Delegation contained in the relevant Sub-Scheme of Delegation.

SECTION 4C: OFFICER DELEGATION SCHEME (EXECUTIVE FUNCTIONS)

Strategic Directors will be required to maintain a sub-scheme of delegation for their directorate and publish such sub-schemes following the Annual Meeting of the Council.

Sub-scheme of delegation. Strategic Director of Adult Care, Housing and Public Health.

The Strategic Director of Adult Care, Housing and Public Health is authorised1 to discharge executive functions2 through the commissioning and provision of social services for adults and public health services for the whole population and delivery of housing for the Borough, including:-

Housing

(a) Business and Commercial Development

(b) Contract and Service Development

(c) Housing and Estates

(d) Housing Options

(e) Housing Strategy and Investment

The Strategic Director has chosen to delegate a number of functions to groups of officers. Where the same group of officers receive a number of separate delegations, in order to save space within the sub-delegation scheme, those groups of officers have been given a title. The following table sets out the title of each group of officers and lists the officers within each group.

Human Resources functions delegated:

Subject to the next following bullet points, the following HR functions are delegated to Strategic and Assistant Directors:

· Establishment of posts

· Changes to establishment/restructuring

Decision:

The Assistant Director of Housing approves the recommended modifications of the Repairs and Maintenance Contracts.

Reasons for the Decision:

The Council recognises the initial 5-year contract term expires on 31^st March 2025 and Service Providers at that point can choose not to accept automatic extension right. In order to provide stability and certainty to the Council certain modifications to the contract have been agreed that secure automatic extension until 31^st March 2027. This provides sufficient time for the Council to consider all options for the future delivery of the contract. In order to facilitate this extension, and to provide the Council with reassurance concerning contract continuity during this period certain contract modification need to be negotiated to ensure service standards are maintained and high levels of service provision continue.

Details of alternative options considered and rejected:

See attached report.

Conflicts of interest declared by any Cabinet Member consulted by the decision maker which relates to the decision:

None known.

Dispensations Granted:

(If any)

N/A

Reports or parts of reports considered

The report of the Assistant Director of Housing Repairs and Maintenance Contract Modifications Post March 2025.

Date of Decision:

05/04/2024

Title:

Acquisition of 69 Westgate Rotherham

Decision Maker:

(Including Job Title)

Simon Moss, Assistant Director of Planning, Regeneration & Transport

Specific Delegation:

(If any)

Decision taken under the powers granted to the property officer under section 29.12 of the Council’s Financial Procurement Procedure Rules.

Brief Description of Decision:

To seek approval for the acquisition of the property known as 69 Westgate, Rotherham to facilitate Rotherham’s ongoing regeneration further to 28 March 2022, Cabinet Regeneration Programme: Strategic Land Assembly

Reasons for the Decision:

Ambitions to diversify the town centre and bring forward a new residential community were identified in the 2017 Town Centre Masterplan. The proposed development site is known as Riverside Residential Quarter and this property sits within the boundary of the site

Details of alternative options considered and rejected:

The preferred option, as required by Government guidance is to always acquire by agreement. This acquisition will enable the continued redevelopment of the Riverside Residential Quarter to come forward.

A do-nothing option would see the Council unable to deliver on its plans for the regeneration of this part of the town centre

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

No conflicts of interest declared.

Dispensations Granted:

(If any)

Not Applicable

Reports or parts of reports considered

Council’s Strategic Acquisition Fund - Cabinet 19th September 2022.

Date of Decision:

8^th April, 2024

Title:

Garden Waste, Business Waste & Additional Bin Permit Subscription Service

Decision Maker:

(Including Job Title)

 Sam Barstow, Assistant Director of Community Safety and Street Scene, Regeneration and Environment

Specific Delegation:

(If any)

As per the Regeneration and Environment sub-scheme of delegation, the Assistant Director is authorised as follows:

3.       In respect of procurement, contract administration and           best value:

         In accordance with Financial and Procurement           Procedure Rules, matters relating to the specification           for works, goods and services, the seeking of           estimates, quotations and tenders, the evaluation of the     same and acceptance of tenders relating to contracts           for works, goods and services in accordance with           approved budgets or supplementary estimates

7.       Other functions

Any function not otherwise reserved to the full Council, the Cabinet, a committee of the Cabinet, a member of the Cabinet, a joint committee discharging executive functions or another local authority, relevant to the Assistant Director’s portfolio.

Brief Description of Decision:

The Council has sought to identify a Contractor to provide permit packs (including bin stickers) to qualifying residents and manage the information to allow the Council to provide the collection services efficiently. This will effect all Garden Waste, Commercial Waste and Additional Bin collections.

After a thorough tender exercise, evaluation and examination of the Tender Evaluation report, my decision is to award the contract to Permiserv

Reasons for the Decision:

Although Permiserv provided the only bid, it demonstrated a thorough understanding of the requirements of the service and scored very well in all areas in the evaluation process.

Details can be found in the attached Tender Evaluation report.

Details of alternative options considered and rejected:

As Permiserv were the only supplier to bid, there were no other alternatives to be considered within the procurement process. The only alternative would be to not award and the collection service left without the ability to identify containers for collection, leaving the council open to potential financial risk.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

N/A

Dispensations Granted:

(If any)

N/A

Reports or parts of reports considered

Tender Evaluation report - 22-280 Garden & Business Waste and Additional Bin Permit Subscription Service

Date of Decision:

28^th March 2024

Title:

Purchase of seven new homes at Infirmary Road, Parkgate under the Small Sites Homebuilder Initiative.

Decision Maker:

(Including Job Title)

James Clark, Assistant Director of Housing

Details of Specific Cabinet Delegation

or Delegation contained in the relevant Sub-Scheme of Delegation.

Enaction of recommendation 3 of from the latest Housing Delivery Programme Report – 2024/25, approved by Cabinet 22 January 2024:

“That Cabinet approves the purchase of homes from any of the schemes identified in Exempt Appendix 5”.

and further to approval of the subsequent Full Business Case – Infirmary Road, Parkgate (SME Initiative) approved 28 March 2024 in consultation with the Cabinet Member for Housing.

Decision:

Approval to enter into contract with Allert Building and Construction Ltd to purchase seven new homes at Infirmary Road, Parkgate.  Identified in Appendix 5 to the January 2024 Cabinet report.

The Council will purchase:

·       Four no. two-bedroom houses

·       Three no. three-bedroom houses

The homes are scheduled to be handed over August / September 2024 and will be brought into the Council’s existing housing stock and made available to applicants from the Housing Register.

Reasons for the Decision:

The decision has been taken in-line with the Cabinet approval, to ensure that the Council can continue to deliver new council homes to meet residents’ needs.

The financial detail of the acquisitions is set out within the capital business case. It is not included within the decision record on the basis that it is commercially sensitive. This is in-line with the over-arching Cabinet report exemption.

Details of alternative options considered and rejected:

Previous Housing Delivery Programme reports have considered the alternative option not to pursue new acquisition opportunities and this was not recommended because the Council needs to ensure a continuous pipeline to deliver the Council homes needed.

Conflicts of interest declared by any Cabinet Member consulted by the decision maker which relates to the decision:

None declared.

Dispensations Granted:

(If any)

N/A

Reports or parts of reports considered

Report of the Strategic Director of Adult Care, Housing and Public Health – Housing Development Programme Report – 2024/25.

Full Business Case (FBC) – Infirmary Road, Parkgate (SME Initiative)

Date of Decision:

10^th April 2024

Title:

Tree Planting Plan

Decision Maker:

(Including Job Title)

Polly Hamilton

Assistant Director – Culture Sport and Tourism

Details of Specific Cabinet Delegation

or Delegation contained in the relevant Sub-Scheme of Delegation.

As per Sub-Scheme of Delegation:

The development of plans, protocols and strategies for culture, leisure, sports, green spaces, landscape design and tourism.

Decision:

To approve the March 2024 update to the Tree Planting Plan 2021 - 2030

Reasons for the Decision:

The Council committed to several broad aims for tree planting within its Tree Management & Maintenance Protocol which was first adopted in August 2021 and an update subsequently adopted in December 2023. The initial commitment in the protocol was for a minimum number of trees to be planted over a ten-year period from 2021 to 2031, to deliver a net increase in tree numbers and a net growth in woodland cover across the Rotherham borough.

The Tree Planting Plan reports on progress in the delivery against the targets in the plan, sets out the consultation framework, the financial investment, and records the existing and planned locations for future planting.

Details of alternative options considered and rejected:

Not to approve the Tree Planting Plan.  This was rejected because the Plan provides the best way to place on record the information set out above.

Conflicts of interest declared by any Cabinet Member consulted by the decision maker which relates to the decision:

None.

Dispensations Granted:

(If any)

N/A

Reports or parts of reports considered

·       Appendix 1 Tree Planting Plan

·       Appendix 2 Equalities Screening Part A

·       Appendix 3 Carbon Impact Assessment

·       Appendix 4 Tree Safety Management Protocol

The report of Zoe Oxley, Head of Operations and Business Transformation and Andy Lee, Green Spaces Manager on the March 2024 update of the Tree Planting Plan 2021 - 2030

Date of Decision:

04/04/2024

Title:

Riverside House Accommodation and Collaboration with Partner Agencies

Decision Maker:

(Including Job Title)

Simon Moss, Property, Regeneration and Transport Services.

Details of Specific Cabinet Delegation

or Delegation contained in the relevant Sub-Scheme of Delegation.

That the Assistant Director Planning, Regeneration & Transport approves the underlease with NHS South Yorkshire Integrated Care Board in respect of the space at Riverside House, in consultation with the Council’s Section 151 Officer and the Cabinet Member for Jobs and the Local Economy.

Decision taken under the powers granted to the property officer under section 29.12 of the Council’s Financial Procurement Procedure Rules.

Decision:

To seek approval for the grant of a 5-year underlease to the NHS South Yorkshire Integrated Care Board at Riverside House. The proposed details of the underlease are outlined in the exempt Appendix 3.

Reasons for the Decision:

It is good Estate Management practice to regularly review accommodation needs and the way the Council occupies and operates its corporate buildings. The Council’s has carried out this exercise and established that there is spare capacity within Riverside House.

Through the Rotherham Strategic Estates Group and renewed collaboration with public sector partners it has become apparent that other organisations are also looking at ways to rationalise their asset bases and cut revenue costs.

These conversations have led to looking at opportunities to share spaces and work together from a common base.

NHS partners have reviewed their accommodation needs and following review of several options have chosen RSH as their preferred for a Rotherham office base.

Details of alternative options considered and rejected:

Option 1 (Preferred Option) – Health Partners move to Riverside House

Health partners move from their current locations to Riverside House, subject to full due diligence being conducted in respect of IT connectivity and other service needs.

Option 2 – Market the Vacant Spaces

Following the reorganisation of Riverside House there will be at least one wing available for other users to occupy. Discussions have taken place with local commercial property agents, who have advised that the office market is not what it used to be, and they would struggle to sublet accommodation of this nature in Rotherham without dedicated car parking spaces.

Option 3 – Mothball the Vacant Spaces

It has been suggested that, as a short-term cost saving measure, parts of Riverside House could be closed and mothballed. Unfortunately, aside from the inconvenience of temporarily moving teams, the heating and ventilation systems are interconnected and therefore will not yield any real efficiency savings.

Conflicts of interest declared by any Cabinet Member consulted by the decision maker which relates to the decision:

No conflicts of interest declared.

Dispensations Granted:

(If any)

Not Applicable

Reports or parts of reports considered

Report to Staffing Committee 10^th July 2023

Date of Decision:

05/04/2024

Title:

Disposal of 241 Canklow Road

Decision Maker:

(Including Job Title)

Simon Moss, Assistant Director Planning, Regeneration & Transport.

Details of Specific Cabinet Delegation

or Delegation contained in the relevant Sub-Scheme of Delegation.

Decision taken under the powers granted to the property officer under section 29.12 of the Council’s Financial Procurement Procedure Rules.

Decision:

That the Assistant Director for Planning, Regeneration and Transport approves and negotiates the disposal of the property, in consultation with the Council’s Section 151 Officer and the Cabinet Member for Jobs and the Local Economy.

Reasons for the Decision:

241 Canklow Road was formerly used as a neighbourhood housing office and more recently has been used as offices by Sure Start. The property now stands vacant and needs significant investment to bring it back into use.

The property is surplus to the Council’s operational requirements and due to the poor condition of the building, it is recommended that it is sold at the earliest time by public auction.

Details of alternative options considered and rejected:

Option 1 - Disposal

The preferred option is to dispose of 241 Canklow Road by public auction, this will ensure a timely disposal and will mean that best value is obtained through the bidding process

Option 2 – Retain

That 241 Canklow Road is retained as a council asset and a full scheme of refurbishment is carried out. This is not recommended due to the anticipated high costs of refurbishment and the fact there is no operational requirement to retain this building.

Conflicts of interest declared by any Cabinet Member consulted by the decision maker which relates to the decision:

No conflicts of interest declared.

Dispensations Granted:

(If any)

Not Applicable

Reports or parts of reports considered

Date of Decision:

05/04/2024

Title:

Disposal of Falding Street Chapel and Garage Site

Decision Maker:

(Including Job Title)

Simon Moss, Assistant Director Planning, Regeneration & Transport.

Details of Specific Cabinet Delegation

or Delegation contained in the relevant Sub-Scheme of Delegation.

Decision taken under the powers granted to the property officer under section 29.12 of the Council’s Financial Procurement Procedure Rules.

Decision:

That the Assistant Director for Planning, Regeneration and Transport approves and negotiates the vacant possession strategy and onward disposal of the property, in consultation with the Council’s Section 151 Officer and the Cabinet Member for Jobs and the Local Economy.

Reasons for the Decision:

The Rotherham Sea Cadets are leasing Falding Street Chapel from the Council, however significant repairs are due on the building, which has led to the Sea Cadets moving into Masbrough and Thornhill Community Centre.

The Falding Street Chapel is surplus to the Council’s operational requirements and due to the poor condition of the building, it is recommended that the building is sold by public auction at the earliest time.

Details of alternative options considered and rejected:

Option 1 – Disposal

The preferred option is to dispose of the Falding Street Chapel and the garages by public auction. This will ensure a timely disposal and will mean that best consideration is obtained through the bidding process.

Option 2 – Retain

Falding Street Chapel is retained as a Council asset and a full scheme of refurbishment is carried out. This is not recommended due to the anticipated high costs of refurbishment and the fact there is no operational requirement to retain this building.

Conflicts of interest declared by any Cabinet Member consulted by the decision maker which relates to the decision:

No conflicts of interest declared.

Dispensations Granted:

(If any)

Not Applicable

Reports or parts of reports considered

Date of Decision:

04/04/2024

Title:

Rotherham Markets & Library main works award

Decision Maker:

(Including Job Title)

Paul Woodcock

Strategic Director of Regeneration & Environment

Specific Delegation:

(If any)

Delegation to award the main works contract for the Markets and Library redevelopment, in consultation with the Cabinet Member for Jobs and Local Economy and Section 151 Officer.

- Cabinet Report 18th Dec 2023 refers.

Cabinet approved the plans for the Rotherham Markets and Library development at its meeting on the 18th December 2023.

At the same meeting the Cabinet delegated authority to the Strategic Director of Regeneration of Environment, in consultation with the S151 Officer and the Cabinet Member for Jobs and Local Economy, to award contract(s) for the works (Rotherham Markets and Library development) up to the values detailed in Appendix 2 of the relevant Cabinet report.

- Cabinet Report 18th March 2024 refers.

Final costs and associated budgets identified in Appendix 4 that provide final parameters for award of said contract.

Cabinet Member consulted and in support – 03 April 2024

Section 151 Officer consulted and in support – 02 April 2024

Brief Description of Decision:

The Council enters into contract with Henry Boot Construction Ltd for the delivery of the Markets and Libraries project. 

Reasons for the Decision:

To maintain momentum behind the delivery programme of one of the Council’s key regeneration projects and ensure best possible value is secured.

Details of alternative options considered and rejected:

The alternative option is not to sign the main works contract prepared. This option is not recommended, because it will not secure the commitment of Henry Boots Construction Ltd to deliver the scheme to an agreed specification for an agreed price in line with the approach adopted by the Cabinet

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None identified.

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

Cabinet Report 18 December 2023

Cabinet Report 18 March 2024

Date of Decision:

27^th March 2024

Title:

Riverside Gardens, Corporation Street & Upper Millgate approval for Stopping Up application to be implemented.

Decision Maker:

(Including Job Title)

Simon Moss

Assistant Director, Planning, Regeneration & Transport

Regeneration & Environment

Specific Delegation:

(If any)

Power to apply to the Secretary of State for an order stopping up or diverting any highway under the Town and Country Planning Act 1990:-

•         Section 247 Highways affected by development.

Brief Description of Decision:

To support the implementation of the stopping up of two irregular shaped areas of highway bounded by Corporation Street, Domine Lane and the River Don subject to DfT processes.

Reasons for the Decision:

The scheme approved at planning creates a pedestrian walkway from Market St/Domine Lane to the new pedestrian bridge to Forge Island through a tiered landscaped space. Stopping up of the areas mentioned above is required to enhance pedestrian movement in the area.

Details of alternative options considered and rejected:

The alternative option is not to agree to the stopping up of these areas of highway resulting in the Riverside Gardens design approved by planning not being deliverable. Requiring a redesign and amended planning application to be submitted. By removing the areas to be stopped up the scheme would be negatively affected, as there would be less space to enable the accessible to all ramped path access through the site to be installed.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

n/a

Dispensations Granted:

(If any)

n/a

Reports or parts of reports considered

21 June 2021 Cabinet – Town Centre Masterplan Implementation

16 May 2022 Cabinet – Town Deal and Levelling Up Fund: Update and Implementation

Stopping Up Order documents

Y&H-5544-DRAFT ORDER

Y&H-5544-DRAFT PLAN 1

Y&H-5544-DRAFT PLAN 2

Date of Decision:

2^nd April 2024

Title:

Report receipt of objection to proposed traffic calming scheme (speed cushions) – Kilnhurst Road, Rawmarsh

Decision Maker:

(Including Job Title)

 Simon Moss

Assistant Director, Planning, Regeneration and Transport 

Specific Delegation:

(If any)

To promote, consider objections to and implement Traffic Regulation Orders under the Traffic Regulation Act 1984.

Brief Description of Decision:

The purpose of this report is to consider an unwithdrawn objection to a proposal to introduce 2no single speed cushions on Kilnhurst Road (outside Rawmarsh Sandhill Primary School), Rawmarsh. The key recommendation of the report is to not accede to the objection and continue with the proposed scheme to implement the proposed speed cushions.

Reasons for the Decision:

There is a risk that failure to implement the road humps may result in drivers not reducing their speed, to an appropriate level as they travel along this section of Kilnhurst Road, with the potential for a collision to increase. The proposed road hump scheme addresses this.

Details of alternative options considered and rejected:

One option considered was that Kilnhurst Road would be left in its present state i.e. without speed reduction measures, footway buildouts, or any waiting restrictions being introduced. However, due to the requirement to improve the road safety environment in this area, as part of the proposed residential development, then this option was not considered a viable option.

Another option was omitting the speed cushions from the proposed scheme. However, as the scheme includes the provision of a priority working system for drivers by using the footway buildouts to provide give ways, then this may result in drivers speeding up, as they approach the give way, in order to ‘beat’ the vehicle heading toward them. The provision of a speed cushion should therefore reduce this possibility.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

None