Officer Decisions

Date of Decision:

24^th May 2023

Title:

Acquisition of property at Effingham St, Rotherham

Decision Maker:

(Including Job Title)

 Simon Moss

Assistant Director for Planning, Regeneration and Transport

Specific Delegation:

(If any)

1.    That the Assistant Director for Planning, Regeneration and Transport approve the acquisition by agreement of the property interests at exempt Appendix 1, and that the Assistant Director of Legal Services complete the necessary transactions.

Brief Description of Decision:

Completion of the necessary transactions to acquire property at Effingham St

Reasons for the Decision:

To facilitate the continued development of regeneration in Rotherham town centre it is necessary to bring privately owned land into public sector ownership.

Agreement has now been reached with the private sector owner of the relevant land, and this delegation seeks to finalise the necessary transactions.

Details of alternative options considered and rejected:

The preferred option is to always acquire by agreement and negotiation is a mandatory precursor to any CPO action. This acquisition will enable land to come forward without the need to use CPO powers, thus significantly reducing the risk of needing to implement CPO powers.

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

None

Dispensations Granted:

(If any)

Reports or parts of reports considered

Report to Cabinet dated 24^th April 2023 and the attached exempt Report (exempt until completion of land transaction) providing considerations for the Decision.

Date of Decision:

25^th May,2023

Title:

Highways Traffic Management Framework 21 - 242

Decision Maker:

(Including Job Title)

Paul Woodcock

(Strategic Director, Regeneration and Environment)

Specific Delegation:

(If any)

Contract Standing Orders; Section 41.2:

In relation to their Directorates, each Strategic Director has a general power to make council contracts, including the power to determine select lists of tenderers, to accept tenders and to award contracts.  This is subsequently delegated to Assistant Directors in the sub-scheme of delegation.

Brief Description of Decision:

Award of inclusion of Traffic Management companies on to a new framework agreement.

Reasons for the Decision:

The current framework expired in February 2023, and to ensure compliance, budget management and quality are maintained a new framework has been created via an open procurement procedure.

Details of alternative options considered and rejected:

Option one - No capacity to deliver internally.

Option two – Continue with existing suppliers. – Noncompliant spend with no contractual control

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

None

Dispensations Granted:

(If any)

Not applicable

Reports or parts of reports considered

Highways Traffic Management Framework  21-242

Date of Decision:

25^th May, 2023

Title:

Transport Capital Programme – entry of projects for Local Neighbourhood Road Safety (June ’23)

Decision Maker:

(Including Job Title)

Paul Woodcock,

Strategic Director of Regeneration and Environment

Details of Specific Cabinet Delegation

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

Delegation to enter Local Neighbourhood & Road Safety schemes into the Capital Programme, in consultation with the Cabinet Member for Transport and Environment and Section 151 Officer.

Cabinet Report 19^th Dec ‘22 item 90 refers.

Approved by Cabinet Member – 15^th May ‘23

Approved by Section 151 Officer – 15^th May ‘23

Decision:

Entry of LNRS project in Wales ward into the Transport Capital Programme

Reasons for the Decision:

To enable delivery of projects under the LNRS theme within the approvals at Cabinet, 19^th December 2022.

Details of alternative options considered and rejected:

Not approving would hinder the delivery of Cabinet approved priorities.

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

None.

Dispensations Granted: (If any)

None.

Reports or parts of reports considered

Transport Capital Programme – entry of projects for Local Neighbourhood Road Safety (June ’23)

Date of Decision:

24^th May 2023

Title:

Delegated Officer Decision Report – Consultation Update Proposed 40mph Speed Limit at Ravenfield Lane.

Decision Maker:

(Including Job Title)

Simon Moss

Assistant Director – Regeneration & Environment

Details of Specific Cabinet Delegation

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

The scheme was reported to Cabinet Members on 19^th July 2021 as part of the Transportation Capital Investment Programme Report 2021/22 (Additional Scheme Approval). Item 27 – ‘Resolved:- That Cabinet approves the Neighbourhood Road Safety Schemes listed in Appendix 2 for delivery in 2021-22 and delegates the decision on any necessary changes to the programme to the Strategic Director for Regeneration and Environment in consultation with the Cabinet Member for Transport and Environment’.

(The Cabinet Member for Transport & Environment signed off this report on 9^th May 2023)

The sub-scheme of delegation authorises the Assistant Director to promote, consider objections to and implement Traffic Regulation Orders under the Road Traffic Regulation Act 1984.

Decision:

Approval of the proposal to reduce the speed limit at Ravenfield Lane to 40 mph.

Reasons for the Decision:

To enable the implementation of a 40mph speed limit on Ravenfield Lane between Thrybergh Lane and the A630 Doncaster Road. To assist in the reduction the incidence of injury & non injury road traffic collisions taking place.

Details of alternative options considered and rejected:

A 50mph speed limit was originally considered but when compared with the 40mph speed limit proposed, using the DfT speed limit assessment tool, it did not achieve the desired reductions, in casualty/injury severity & speed.

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

None

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

Delegated Officer Decision Report – Consultation Update Proposed 40mph Speed Limit at Ravenfield Lane.

Date of Decision:

26^th May, 2023

Title:

General Enforcement Policy

Decision Maker:

(Including Job Title)

 Sam Barstow, Assistant Director, Community Safety & Street Scene

Specific Delegation:

(If any)

As per the Sub-Scheme of Delegation:

“The discharge of any executive 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…”

Brief Description of Decision:

Adoption of the revised General Enforcement Policy

Reasons for the Decision:

The Council has a statutory duty to have a General Enforcement Policy in Place. This policy is a consulted and reviewed Policy which replaces the previous version.

Details of alternative options considered and rejected:

The Council must have a General Enforcement Policy, consequently there are no alternative options

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

General Enforcement Policy

Strategic Director Regeneration and Environment

Appendix 1   General Enforcement Policy – revised March 2023

Appendix 2   Equalities Screening Assessment

Appendix 3   Carbon and Climate Change Assessment

Appendix 4   Analysis of Consultation Responses

Legislative and Regulatory Reform Act 2006

Legislative and Regulatory Reform (Regulatory Functions) Order 2007

Department for Business Innovation and Skills: Better Regulation Delivery Office, Regulator’s Code (April 2014)

Date of Decision:

24^th May 2023

Title:

Rotherham Integrated (Mainline & Tram Train) Station Outline Business Case funding approval and contractor appointments

Decision Maker:

(Including Job Title)

Paul Woodcock, Strategic Director Regeneration and Environment

Details of Specific Cabinet Delegation

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

24^th April 2023 Cabinet meeting; Minute 157 Transport Capital Programme

Cabinet:

Approved the issue of contracts between the Council and two public service bodies (Network Rail and Transport for the North) to enable timely completion of the Outline Business case as referenced in section 2.13.

Delegated responsibility to the Strategic Director of Regeneration and Environment, in consultation with the Cabinet Member for Transport and Environment, to identify projects described in paragraphs…2.12 Major Projects (CRSTS) and 2.13 (Rotherham Mainline Station) and for the award of contracts relating to design and construction.

Councillor Beck approved the Delegated Officer Decision report - 2 May 2023.

Decision:

That the Strategic Director for Regeneration and Environment:

1.    signs the grant funding agreement for the CRSTS funding to progress the integrated mainline and tram train station OBC from SYMCA.

2.    signs the Development Services Agreement with Network Rail and signs the contract for services with Transport for the North to enable preparation of the integrated mainline and tram train station OBC to commence.

Reasons for the Decision:

Acceptance of the SYMCA grant funding will enable the integrated station OBC to progress.  Award of contracts to Network Rail and Transport for the North will ensure preparation of OBC key workstreams are commenced in May 2023.

Details of alternative options considered and rejected:

Alternative Option:

Consultancy appointments to undertake some of the OBC components required such as the railway design work, timetable modelling, the location of the tram train stop and to update the cost estimate, and the rail modelling work required to inform the OBC.

Alternative rejected: Any consultant work would require detailed review and assurance from Network Rail as the body responsible for the development, operation and maintenance of the rail network in Great Britain and sole provider of some of these services.  This approach would have resulted in additional costs and additional time involved.

Alternative rejected: TfN are the custodians of the Northern Rail Modelling System and having previously undertaken all of the modelling work on the project to date, together with the financial contribution being made by DfT offer the necessary expertise, time efficient and most financially advantageous means of completing this work.   

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

None

Dispensations Granted:

(If any)

Exemption of Appendices: An exemption is sought for Appendices 1, 2 and 3 under Paragraph 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Part I of Schedule 12A of the Local Government Act 1972 is requested, as this report contains financial information relating to the acquisition.

It is considered that the public interest in maintaining the exemption would outweigh the public interest in disclosing the information because all such negotiations and financial information should remain confidential between the parties.

Reports or parts of reports considered

·       Rotherham Integrated (Mainline & Tram Train) Station Outline Business Case funding approval and contractor appointments report

·       Cabinet Meeting 24 April 2023 Minute 157

·       SYMCA Funding agreement

·       Network Rail Development Services Agreement

·       Transport for the North contract for services

Date of Decision:

23 May 2023

Decision Maker:

(Including Job Title)

Sharon Kemp - Chief Executive, in consultation with the Leader of the Council.

Specific Delegation:

(If any)

Delegation to the Chief Executive, in consultation with the Leader of the Council, as determined by the RMBC Constitution - Flag Protocol and Lighting Up of Buildings Policy.

Brief Description of Decision:

To support NHS England to Light-Up Blue (NHS Colour) to celebrate the NHS’s 75^th Birthday on the evening of 5^th July 2023. In support Rotherham Town Hall will be illuminated blue to recognise and celebrate the birthday. 

Reasons for the Decision:

To support and celebrate the NHS’s 75^th Birthday.

Details of Alternative Options Considered and Rejected:

None

Where the decision is made under specific delegation from a decision-making body, the names of any member of the relevant body who has declared a conflict of interest in relation to the decision and name of the body granting the specific delegation and the date when it did so:

None

Background Papers:

None

Date of Decision:

16^th May 2023

Title:

Decision to extend the 19-161 Post CSE Support Contracts for an additional 24 months

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.

Appendix 9 of the Constitution (Responsibility for Functions)

SECTION 4C3: STRATEGIC DIRECTOR OF ADULT CARE, HOUSING AND PUBLIC HEALTH – DELEGATED EXECUTIVE FUNCTIONS

The Strategic Director of Adult Care, Housing and Public Health is authorised 1 to discharge executive functions 2 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:-

4. Strategic Commissioning

Decision:

The decision is to extend the associated contracts for 19-161 Post CSE Support for an additional 24 months, this period will commence the 1^st January 2024 and expire the 31^st December 2025 for each of the following services:

Lot 1 – Practical and Emotional Support Grow

Lot 2 – Counselling - Rothacs

Lot 3 – Practical and Emotional Support and Counselling – Rotherham Rise. ,

Details of the contract extensions will be made available on the Council’s contracts register and Contracts Finder.

Reasons for the Decision:

The extension follows the outcome of a DLT meeting on the 21/03/2023, minute number 6725-23, following a DLT paper.

The extension is utilising the extension clause stated in 22.1 of the original Contracts 19-161.

Details of alternative options considered and rejected:

N/A

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

None

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

DLT Paper on Proposed Extension of Post CSE Services.

Authorised by Ian Spicer, Strategic Director, Adult Care, Housing and Public Health.

Date of Decision:

9^th May 2023

Title:

Tender Award – Award of contract for Painting of Manvers Bridge

Decision Maker:

(Including Job Title)

Simon Moss – Assistant Director

Details of Specific Cabinet Delegation

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

Within the Council’s constitution the Strategic Director for Regeneration and Environment has the following delegated powers: -

Contract Standing Orders; Section 41.2:

In relation to their Directorates, each Strategic Director has a general power to make council contracts, including the power to determine select lists of tenderers, to accept tenders and to award contracts.  This is subsequently delegated to Assistant Directors in the sub-scheme of delegation

Decision:

It is the recommendation of the project team that the Council progresses to issue an award to Breheny Civil Engineering Ltd as per the Tender Evaluation Report:

‘21-210 Manvers to Wath Cycle Route (Manvers Way – Wath Cycle Infrastructure) & 20-338 Repainting of Manvers Bridge’

Reasons for the Decision:

The contractor has submitted a well programmed and developed price for the scheme. It is continuation of their engagement on the Cycle Route scheme hence there are cost savings in terms of set up costs.

Details of alternative options considered and rejected:

Stand alone tender with a different contractor which would be more expensive in terms of price (above cost savings), dependant on the cycle route completion (risk of delayed start penalties).

Conflicts of interest declared by any Cabinet 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

21-210 Manvers to Wath Cycle Route (Manvers Way – Wath Cycle Infrastructure) & 20-338 Repainting of Manvers Bridge

Date of Decision:

16^th May, 2023

Title:

Sheffield Road Cycleway and Maltby Bus Corridor

Decision Maker:

(Including Job Title)

Paul Woodcock

Strategic Director, Regeneration and Environment

Specific Delegation:

(If any)

Contract Standing Orders; Section 41.2:

In relation to their Directorates, each Strategic Director has a general power to make council contracts, including the power to determine select lists of tenderers, to accept tenders and to award contracts.  This is subsequently delegated to Assistant Directors in the sub-scheme of delegation.

Brief Description of Decision:

Award of construction contract to Esh Construction for the start of construction works for Sheffield Road Cycleway and Maltby Bus Corridor (being released as one contract) May 2023

Reasons for the Decision:

To progress the stage 2 award to Esh Construction Ltd to support the Council’s TCF (Transforming Cities Fund) transport infrastructure improvement schemes for Maltby Bus Corridor and Sheffield Road Cycleways phase 2 and 3. 

Details of alternative options considered and rejected:

Option 1: Consideration was given to tendering as a wider package of works but this was unviable due to timescales.

Option 2: Use of the internal works delivery service was considered, but was ruled out due to programming constraints.

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

None

Dispensations Granted:

(If any)

Not applicable

Reports or parts of reports considered

Tender Evaluation Report - 21-255 TCF Sheffield Road phase 2 and 3, and Maltby Bus Corridor Design and Build