Officer Decisions

Date of Decision:

18^th April 2024

Title:

Update to the Anti-Fraud and Corruption Policy for minor amendments

Decision Maker:

(Including Job Title)

Judith Badger, Strategic Director Finance and Customer Services.

Details of Specific Cabinet Delegation

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

In Financial and Procurement Procedure Rules, para 23.2, which states ‘The Chief Finance Officer is responsible for the development and maintenance of an anti-fraud and anti-corruption policy’.

The Monitoring Officer was consulted on the decision making and confirmed that this is in accordance with the Constitution.

Decision:

To amend and update the Anti-Fraud and Corruption Policy after an annual review.

Reasons for the Decision:

To maintain the Policy and ensure it is up to date and remains relevant in accurately reflecting the Council’s position with regards to fraud and corruption.

Details of alternative options considered and rejected:

No alternative options.

The amendments to the policy were presented to the Audit Committee on 26^th September 2023 and the Cabinet Member was briefed on 11 April 2024.

The advice of the Monitoring Officer is that the changes proposed fall within the delegation in 23.2 to maintain the Policy.

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

No conflicts of interest

Dispensations Granted:

(If any)

Not applicable.

Reports or parts of reports considered

The report of the Head of Internal Audit

Anti-Fraud and Corruption Policy, Strategy and Self-assessment against CIPFA Code of Practice.

Report presented to the Audit Committee, 26^th September 2023.

Date of Decision:

24^th April, 2024

Title:

Acceptance of Pathfinder Grant Conditions

Decision Maker:

(Including Job Title)

Simon Moss, Assistant Director Planning, Regeneration & Transport

Specific Delegation:

(If any)

Bidding for external funding and grant aid, special financial packages for economic development/regeneration for both revenue and capital schemes, and their subsequent implementation.

Brief Description of Decision:

To sign the final Memorandum of Understanding to confirm the Council’s participation in the DLUHC Simplification Pathfinder Pilot Scheme, which aggregates funds previously awarded to the Council through Government’s Future High Streets Fund, Levelling Up Fund Round 1 and Town Deal programmes.

Reasons for the Decision:

To confirm the Council’s participation in the above pilot scheme, enabling the realisation of the benefits offered through this initiative in terms of project flexibility and delivery timescales.

Details of alternative options considered and rejected:

Declining to sign the final Memorandum of Understanding.  This option has been rejected as it would preclude the Council from participation in the Pathfinder programme.

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

Cabinet Report May 2022 - Town Deal and Levelling Up Fund: Update and Implementation

Cabinet Report June 2021 - Town Centre Masterplan Implementation Update (re Future High Streets Fund allocation)

Date of Decision:

24^th April 2024

Title:

Purchase of Plot 3, Dinnington, as part of Strategic Land Assembly for the Market Site Regeneration Project

Decision Maker:

(Including Job Title)

Simon Moss, Assistant Director, Regeneration and Environment

Specific Delegation:

(If any)

Cabinet 07/08/2023 – Minute No. 39 / 4 – Approved that the Assistant Director for Planning, Regeneration and Transport be authorised to negotiate and agree the acquisition by agreement of the property interests at exempt Appendix 1, in consultation with the Council’s Section 151 Officer and the Cabinet Member for Jobs and the Local Economy.

Brief Description of Decision:

Assistant Director for Planning, Regeneration, and Transport to approve purchase of Plot 3 as part of strategic land assembly in Dinnington town centre. The delegation of Cabinet on 7^th August 2023, as quoted above, be exercised.

Reasons for the Decision:

Property required for redevelopment scheme.

Details of alternative options considered and rejected:

Option 1, the recommended approach, is to purchase by agreement.

Option 2 pursues compulsory purchase to secure acquisition. Approval to explore the use of compulsory purchase powers was secured at Cabinet in August 2023. However, as required by Government guidance, acquisition by negotiation rather than the use of Compulsory Purchase powers is always preferable. This option can be dismissed in favour of acquisition by agreement.

A do nothing option would see the Council unable to deliver on its ambitious plans for the regeneration of Dinnington town centre.

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

Date of Decision:

26 April 2024

Title:

Rotherham Local Heritage List

Decision Maker:

(Including Job Title)

Nigel Hancock (Head of Planning and Building Control) in consultation with Councillor Lelliott, Cabinet Member for Jobs and the Local Economy

Details of Specific Cabinet Delegation

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

Cabinet Report on Rotherham Local Heritage List (17 October 2022) – Item 61

https://moderngov.rotherham.gov.uk/mgAi.aspx?ID=93613

Resolved Point 3:

That Cabinet approve delegation to the Head of Planning and Building Control, in consultation with the Cabinet Member for Jobs and the Local Economy, to include, amend or delete heritage assets on the Rotherham Local Heritage List.

Decision:

Approve the inclusion of the Rotherham assets in the South Yorkshire Local Heritage List into the Rotherham Local Heritage List.

Agree that the locally significant heritage assets identified in the Borough’s adopted Neighbourhood Plans also form part of the Rotherham Local Heritage List.

Reasons for the Decision:

The local heritage list approval and integration into planning policy would contribute to the robustness of the Local Plan, in line with national guidance and the approach of other South Yorkshire local authorities.

Details of alternative options considered and rejected:

Do not include the Rotherham assets in the South Yorkshire Local Heritage List as part of the Rotherham Local Heritage List

Not including the valued assets would mean a significant gap in what is a South Yorkshire project. These items have been identified by members of the public and agreed by the South Yorkshire Assessment Panel as meriting inclusion. The Council would not be abiding by the relevant central government advice and the previous commitment to maintaining an up-to-date system. The heritage assets identified in the Neighbourhood Plans would be the only assets in the Rotherham Local Heritage List and they are limited to certain neighbourhood areas within the borough.

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

Delegated Decision Report – Rotherham Local Heritage List

Date of Decision:

25 April 2024

Title:

Application for a Definitive Map Modification Order - Claim for Public Footpath at Brookhouse, Parish of Laughton-en-le-Morthen.

Decision Maker:

(Including Job Title)

Sam Barstow, Assistant Director, Community Safety & Street Scene

Specific Delegation:

(If any)

As per the Regeneration and Environment sub scheme of delegation, the Assistant Director is authorised to discharge the relevant aspects of the:

Wildlife and Countryside Act 1981.

Brief Description of Decision:

The Council has considered all the evidence available in relation to a claim to add a path at Brookhouse to the Definitive Map made by a member of the public. Following due process officers have recommended that based on the evidence found the council should make a Definitive Map Modification Order to add the route to the Definitive Map.

Reasons for the Decision:

To ensure the Council complies with its statutory duties relating to the Definitive Map.

Details of alternative options considered and rejected:

If, considering the weight of evidence it has found the council rejected the request to make a Definitive Map Modification Order, the applicant has a right of appeal to the Secretary of State who would question why the authority has not followed due process and legal precedent in making its decision. The Secretary of State has the power to instruct the council to make an order.

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

None.

Dispensations Granted:

(If any)

N/A

Reports or parts of reports considered

Due legal process has been followed.

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:

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:

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.