Agenda and minutes

The Mayor took the opportunity to welcome Members to the remote meeting of Sefton Council and extended a special welcome to members of the public who were viewing the meeting online.  This meeting was being held using Microsoft Teams Live Events software.  A protocol for Members attending remote meetings had been circulated prior to the meeting and Members were respectfully requested to adhere to the protocol.

The Mayor advised all Members who were nominated Spokespersons or Movers and Seconders of Motions to turn their cameras off and mute their microphones when not addressing the meeting. The Mayor also advised that any of the nominated Spokespersons, Movers and Seconders of Motions who would like to address the meeting at any time should indicate by using the chat facility in Microsoft Teams and emphasised that the chat facility should only be used to indicate the wish to speak.

The Mayor further advised that all Members who were not nominated Spokespersons should turn their camera off and mute their microphone, and that they should only un-mute their microphone to confirm their attendance and to state how they wished to vote.  

The Mayor highlighted that during the meeting Members should indicate their agreement to an item in the usual way and in the case of an item not being agreed, a vote would be taken on the item. The vote would be taken by an officer asking each member in alphabetical order to indicate their vote. Members should turn on their microphones when it was their turn to vote but that there was no need to turn on their camera.

Apologies for absence were received from Councillors Maher and Thomas.

Members are requested at a meeting where a disclosable pecuniary interest or personal interest arises, which is not already included in their Register of Members' Interests, todeclare any interests that relate to an item on the agenda.

Where a Member discloses a Disclosable Pecuniary Interest, he/she must withdraw from the meeting by switching their camera and microphone off during the whole consideration of any item of business in which he/she has an interest, except where he/she is permitted to remain as a result of a grant of a dispensation.

Where a Member discloses a personal interest he/she must seek advice from the Monitoring Officer or staff member representing the Monitoring Officer to determine whether the Member should withdraw from the meeting during the whole consideration of any item of business in which he/she has an interest or whether the Member can remain in the meeting or remain in the meeting and vote on the relevant decision.

No declarations of any disclosable pecuniary interests or personal interests were received.

Minutes of the meeting held on 21 January 2021.

RESOLVED:

That the Minutes of the Council Meeting held on 21 January 2021 be approved as a correct record.

Liverpool City Region Culture & Creativity Awards

The Mayor reported on the Liverpool City Region Culture and Creativity Awards that was held virtually on 19 February 2021 and congratulated Claire Morgans of YKids who received the award for the Borough of Culture Star of the Year.  The Mayor also congratulated the Atkinson Centre for their success in winning two awards; The People’s Choice for Outstanding Contribution to Culture and The Impact Award – Covid 19 Creative Response.  The Mayor reported that it was a pleasure to watch the awards and to see the Borough recognised for all its hard work.

The Mayor also thanked the Cabinet Member for Communities and Housing’s speech at the Awards when handing over the Borough of Culture to Halton Borough Council and on behalf of the Council she wished them all the best for their year.

Former Councillor Lord Fearn 

The Mayor reported that former Councillor Lord Fearn had recently celebrated his 90^th Birthday and on behalf of the Council she extended its Best Wishes to him.

To deal with matters raised by members of the public resident within the Borough, of which notice has been given in accordance with the procedures relating to public questions, motions or petitions set out in Paragraph 36 to 47 of the Council and Committee Procedure Rules in Chapter 4 of the Council Constitution.

(Details of any further petitions notified or questions submitted by members of the public will be circulated at the meeting).

The Mayor reported that no matters had been raised by members of the public.

To receive and consider questions to Cabinet Members, Chairs of Committees or Spokespersons for any of the Joint Authorities upon any matter within their portfolio/area of responsibility, of which notice has been given by Members of the Council in accordance with Paragraph 49 to 51 of the Council and Committee Procedure Rules, set out in Chapter 4 of the Council Constitution.

The Mayor reported that the schedule setting out the questions submitted by Members of the Council together with the response by the appropriate Cabinet Member had been e-mailed to all Members of the Council.

The Mayor further reported on the following procedure for the asking of supplementary questions at the remote meeting of Council.

Members would be given the opportunity to ask one supplementary question of the Leader/Cabinet Member and those questions should be e-mailed to the Chief Legal and Democratic Officer by 4 p.m. the following day after the Council Meeting, Friday 5 March 2021.  It was further reported that the answers to the supplementary questions would be e-mailed directly to the Councillor by 4 p.m. on the Monday following the Council meeting, date being 8 March 2021.

The Mayor indicated that the Democratic Services Manager or her colleague would e-mail all Members of the Council with the complete supplementary question and answer schedule the following week after Council.

The Mayor reminded Members when submitting a supplementary question that the question should be a question and not a statement and furthermore must arise directly out of the original question or the reply.

Report of the Executive Director Corporate Resources and Customer Services.

Further to Minute No. 99 of the meeting of the Cabinet held on 11 February 2021 the Council considered the report of the Executive Director of Corporate Resources and Customer Services advising that the CIPFA Prudential Code for Capital Finance in Local Authorities was introduced following the Local Government Act 2003; that it detailed a number of measures / limits / parameters (Prudential Indicators) that were required to be set each financial year; and that the approval of these limits would provide a benchmark to measure actual performance against, to help ensure that the Council complied with relevant legislation, was acting prudently and that its capital expenditure proposals were affordable.

The report indicated that the Council was required to approve Prudential Indicators for the following items:

It was moved by Councillor Fairclough, seconded by Councillor Atkinson and

RESOLVED:     That:

(1)           the Prudential Indicators, as detailed in the report, be approved as the basis for compliance with The Prudential Code for Capital Finance in Local Authorities;

(2)           it be noted that the relevant Prudential Indicators will be revised as required and that any changes will be brought to Cabinet and then to Council for approval;

(3)           it be noted that the estimates of capital expenditure may change as grant allocations are received; and

(4)           delegated authority be granted to the Executive Director for Corporate Resources and Customer Services in conjunction with the Cabinet Member for Regulatory, Compliance and Corporate Services to manage the Authorised Limit and Operational Boundary for external debt as detailed in Section 5 of the report.

Report of the Executive Director Corporate Resources and Customer Services.

Further to Minute No. 100 of the meeting of the Cabinet held on 11 February 2021 the Council considered the report of the Executive Director of Corporate Resources and Customer Services that set out the following proposed policy and strategy documents, namely, the Treasury Management Policy, as set out in Annex A to the report; the Treasury Management Strategy. as set out Annex B to the report and the Minimum Revenue Provision Policy Statement, as set out in Annex C to the report.

The report indicated that the Council had adopted CIPFA’s revised 2017 Code of Practice on Treasury Management in the Public Services which recommended the production of annual Treasury Management Policy and Strategy Documents; and that in addition, the Council had adopted and incorporated into both documents:

It was moved by Councillor Fairclough, seconded by Councillor Lappin and

RESOLVED:     That:

(1)           the Treasury Management Policy Document for 2021/22 be approved;

(2)           the Treasury Management Strategy Document for 2021/22 be approved; and

(3)           the Minimum Revenue Provision Policy Statement 2021/22 be approved.

Report of the Executive Director Corporate Resources and Customer Services.

Further to Minute No. 101 of the meeting of the Cabinet held on 11 February 2021 the Council considered the report of the Executive Director of Corporate Resources and Customer Services indicating that the Capital Strategy set out the long-term context in which capital expenditure and investment decisions were made and considered the impact of these decisions on the priorities within the Council’s Core Purpose and Framework for Change Programme and the promises made in the 2030 Vision for Sefton; that at the heart of the Capital Strategy was the Council’s core objective to continue to deliver financial sustainability; and that as such, a flexible capital investment programme was more important than ever as a method to stimulate and enable economic growth and strategic investment, ensuring best use of existing assets and of generating future income streams to pay for and deliver day to day services.  

The Capital Strategy, attached to the report as Annex A, was a statutory document that the Council was required to have in place and be reviewed on an annual basis.

It was moved by Councillor Fairclough, seconded by Councillor Atkinson and:

RESOLVED:    

That the Capital Strategy as set out in Annex A to the report be approved.

Report of the Executive Director Corporate Resources and Customer Services.

Further to Minute No. 102 of the meeting of the Cabinet held on 11 February 2021 the Council considered the report of the Executive Director of Corporate Resources and Customer Services indicating that to comply with statute, the Chief Financial Officer was required to report to Council prior to the approval of the budget and the setting of the Council Tax, to give assurance that the budget was robust and that there were adequate reserves and balances. 

The report also provided information on the following factors that had been considered:

·       Financial Environment for Local Government and Sefton MBC

·       Impact of previous years’ budget - 2020/21

·       Central Government funding

·       Maintaining service delivery

·       Inflation and annual cost increases

·       Financial management

·       CIPFA Financial Resilience Index and the CIPFA Financial Management Code

·       Management of risk

·       Capital Strategy and Strategic Investment

·       External advice

·       Reserves Strategy for 2021/22 

The report concluded that as a result of considering the issues contained within the report, it was the view that the budget proposed was a robust budget package and the opinion provided was in accordance with Section 25 of the Local Government Act 2003.

It was moved by Councillor Fairclough, seconded by Councillor Lappin and

RESOLVED:     That:

Report of the Executive Director Corporate Resources and Customer Services.

Further to Minute No. 103 of the meeting of the Cabinet held on 11 February 2021 the Council considered the joint report of the Chief Executive and the Executive Director of Corporate Resources and Customer Services that provided:

·       an assessment of the Council’s current financial position and approach to the 2021/22 Budget Plan and preparation for the three-year budget period 2022/23 to 2024/25;

·       an update on the Government’s announcement of resources that were available to the Council for 2021/22;

·       the Council’s current financial position and the assumptions built into the Medium-Term Financial Plan;

·       the proposed Budget for 2021/22; and

·       the proposed Capital Programme for 2021/22.

The report set out the financial strategy of the Council and the national and local financial context within which it was operating and indicated that the Council had a statutory requirement to remain financially sustainable and to balance its budget every year.

The report also indicated that the Council’s Framework for Change Programme was a comprehensive and ambitious programme that sought to support the delivery of the Council’s core purpose; and that as would be expected with a programme of this size and complexity that spanned a number of financial years, the detailed proposals had been and would continue to be the subject of change as they were developed and ultimately implemented. 

It was moved by Councillor Fairclough, seconded by Councillor Hardy 

That:

(A)          in respect of the Budget 2021/22 and Medium-Term Financial Plan from 2022/23 to 2024/25:

(1)           the update of the Medium-Term Financial Plan for the period 2021/22 to 2024/25, be noted;

(2)           the Revenue Budget for 2021/22 and authorisation for officers to undertake all of the necessary actions to implement the budget changes and proposals as detailed within the report, be approved;

(3)           the continuation of the Framework for Change 2020 Programme (as described in Section 3) and agreement to the commencement of all appropriate activity as detailed, including for example, consultation with employees and engagement with partners and contractual changes as the programme develops, be approved;

(4)           the current levels of trade union facility time and associated arrangements for the whole period of the budget plan for 2021/22 – 2024/25, be approved;

(5)           it be noted that officers will comply with agreed HR policies and procedures including relevant consultation with Trade Unions and reports to the Cabinet Member Regulatory, Compliance and Corporate Services as required;

(6)           the Schools’ Forum decisions on the Dedicated Schools Grant and Individual School Budgets (Section 12), be noted;

(7)           the allocation of specific grants as detailed in the report (Section 13), be noted;

(8)           the overall Council Tax resolution for 2021/22 including Police, Fire, Mayoral and Parish Precepts, be approved;

(B)          in respect of the Capital Programme 2021/22 to 2022/23:

(1)           the supplementary capital estimate of £12.750m for the Street Lighting Asset Project detailed in Section 17 of the report be approved; and

(2)           all of the remaining capital schemes as detailed in Section 17 of the report along with the full list of other projects  ...  view the full minutes text for item 69.

Report of the Chief Legal and Democratic Officer.

Further to Minute No. 87 of the meeting of the Cabinet held on 4 February 2021 the Council considered the report of the Chief Legal and Democratic Officer and the Final Report of the Persistent Pupil Absence Working Group.

It was moved by Councillor Carragher, seconded by Councillor Murphy and

RESOLVED:     That the following recommendations be approved:

1.       That the good practice regarding school attendance currently undertaken by the Council and schools, as outlined in the findings of the Final Report, be acknowledged and noted;

2.       That the Interim Head of Education be requested to explore the possibility of:

(a)      a campaign to tackle school attendance across all key stages with a specific emphasis on the early years and foundation stage, the campaign to focus on conveying clear messages about how absence affects attainment, wellbeing and wider outcomes;

(b)      delivering of clear messages about expectations, routines and consequences to new pupils and families through prospectus and admission/transition events;

(c)      ensuring that the attendance of vulnerable children is monitored across the early years stage;

(d)      an aspiration for a post of a dedicated worker for children who are supported by Education, Health and Care Plans, in order to address any barriers for children and young people attending school; this aspiration could be considered in the future as part of the on-going work on school attendance;

(e)      attendance being part of the enhanced transition and not just for children and young people on the Special Educational Needs and disability (SEND) register, as this will address the early identification of any school attendance issues;

(f)       sanctions for non-attendance being applied consistently across primary and secondary schools;

(g)      schools providing an adult mentor to those children who have contact with the school Special Educational Needs Co-ordinator (SENCO) but who are not on the SEND register, with whom the children can have regular access and build up a relationship;

(h)      strongly encourage schools to provide training in SEND and Autism spectrum disorder (ASD) conditions to all staff;

(i)       Extending buddy schemes with older peers to all schools, pupils to be “matched up” to ensure they have something in common;

(j)       Improving communication between primary and secondary schools at transition stage, to ensure children are “understood” by teaching staff in secondary schools and that any good practice is shared; and

3.       That the Senior Democratic Services Officer be requested to liaise with relevant officers in order to ensure that the Overview and Scrutiny Committee (Children’s Services and Safeguarding) receives a six-monthly monitoring report, setting out progress made against each of the recommendations outlined above.

No changes to memberships of Committees were made.

The Council considered the report of the Leader of the Council in relation to a matter that was dealt with in accordance with Rule 46 (waiving call-In) of the Access to Information Procedure Rules of the Council Constitution, whereby “call in” was waived.

It was moved by Councillor Fairclough, seconded by Councillor Hardy and

RESOLVED:

That the report be noted.

Tree Preservation Orders – Legislation

It was moved by Councillor Irving, seconded by Councillor McCann that:

A Tree Preservation Order is an order made by a Local Planning Authority to protect specific trees, groups of trees or woodlands in the interests of amenity. 

At present the Legislation relates to specific trees when in fact all trees play a huge role in reducing climate change, they are essential in the plight to reduce air pollution, control climate change, act as barriers to noise from motorways and public transport routes/links and provide vital shelter and support to our dwindling wildlife.

This Council believes that the Legislation in relation to Tree Preservation Orders is out of date and requires a review to respond to the environmental changes of the 21^st Century and in line with the Climate Change Emergency declaration. 

Individual Local Councils along with Parish Councils should be granted powers to use at their discretion, to approve individual or blanket tree preservation orders on mature trees and not only the specific trees, groups of trees or woodlands currently set out in Legislation.

This Council resolves:

To write to the Secretary of State asking him to review the legislation that covers Tree Preservation Orders in order that they are brought in line with 21^st Century thinking due to climate change, biodiversity loss and unwarranted removal of mature trees that are not protected by present day tree preservation orders with a view to granting powers to allow Local Councils as well as Parish Councils, at their discretion, to approve individual or blanket tree preservation orders on mature trees. 

An amendment was moved by Councillor Veidman, seconded by Councillor O’Brien that the Motion be amended by:

replacing the word “plight” with “fight” in the fourth sentence;

deleting the words “control climate change” in the fifth sentence;

replacing the word “believes” to “notes” in the second paragraph;

replacing the following words “that the Legislation in relation to Tree Preservation Orders is out of date and requires a review to respond to the environmental changes of the 21^st Century and in line with the Climate Change Emergency declaration” with “Sefton Council has declared a climate emergency and trees play an important role in helping us to meet our objectives.  Sefton has hundreds of TPO’s in place covering not just individual trees but wooded areas and is currently developing a Tree Strategy which will inform our future use of TPO’s.  Local authorities”;

adding the word “additional” in between the words “granted” and “powers”;

and replacing the following words in the paragraph that begins “This Council resolves”

“in order that they are brought in line with 21^st Century thinking due to climate change, biodiversity loss and unwarranted removal of mature trees that are not protected by present day tree preservation orders with a view to granting powers to allow Local Councils as well as Parish Councils, at their discretion, to approve individual or blanket tree preservation orders on mature trees”

with the following  ...  view the full minutes text for item 73.

Motion on Declaring a Poverty Emergency

It was moved by Councillor Blackburne, seconded by Councillor Halsall that:

This council notes the increase in food bank use around the country and in Sefton in particular.

Council also notes fuel poverty is also very evident in Sefton with the number of households being fuel poor being higher than the national average.

This council notes that the highest single reason for need is ‘low income’.

Council also notes the success of the progress of the Climate Emergency declaration and that by aligning this with a Poverty Emergency believes that a commitment to a People and Planet approach will aid recovery and renewal.

This council believes it is time for change and that recognising socio-economic deprivation is an equality issue.

Therefore, this council resolves to:-

§  Declare a Poverty Emergency.

§  Ensure that the poverty emergency workstream sits alongside the Climate Emergency Declaration workstream.

§  Develop a poverty emergency strategy which takes a people and planet approach.

§  Take a collaborative and evidence-based approach, working more closely with health, trade unions, further education facilities and community groups.

§  To share our approach with other councils and the LGA as best practice.

Following debate on the Motion the Chief Legal and Democratic Officer officiated a vote and the Mayor declared the Motion was carried by 54 votes to 5 and it was:

RESOLVED: That:

This council notes the increase in food bank use around the country and in Sefton in particular.

Council also notes fuel poverty is also very evident in Sefton with the number of households being fuel poor being higher than the national average.

This council notes that the highest single reason for need is ‘low income’.

Council also notes the success of the progress of the Climate Emergency declaration and that by aligning this with a Poverty Emergency believes that a commitment to a People and Planet approach will aid recovery and renewal.

This council believes it is time for change and that recognising socio-economic deprivation is an equality issue.

Therefore, this council resolves to:-

§  Declare a Poverty Emergency.

§  Ensure that the poverty emergency workstream sits alongside the Climate Emergency Declaration workstream.

§  Develop a poverty emergency strategy which takes a people and planet approach.

§  Take a collaborative and evidence-based approach, working more closely with health, trade unions, further education facilities and community groups.

§  To share our approach with other councils and the LGA as best practice.

Save the Southport to Picadilly Service

It was moved by Councillor Friel, seconded by Councillor Myers that:

This council objects in the strongest of terms to the consultation, namely “Timetable Options to Improve Rail Performance in the North of England.” A consultation stacked against Southport.

The DfT have a full record of this following representation.

Timetable Options to Improve Rail Performance in the North of England.

The above consultation sets out three options which feature a variety of changes to service patterns, planned to be implemented from the May 2022 timetable. The three options affect a number of rail services which run across key city centre stations in Manchester - Victoria, Oxford Road and Manchester Piccadilly.

All 3 options are unacceptable as they remove the route from Southport to Piccadilly which was the subject of a successful campaign across political lines and with rail user groups  to get this service returned, so we object strongly to a flawed consultation that does not retain this Southport to Piccadilly route within the options.

Southport has already lost the link to Manchester airport and another service cut is a blow from central government when many are working to improve the vitality of this resort town.

This Council resolves to:

request the Chief Executive to write to the Secretary of State  for Transport and the Liverpool City Region Metro Mayor to point out that the current Southport to Piccadilly Service would be axed under all 3 of these proposals, despite the fact that this is probably the only line and route to have justified itself with a full business case in the last three years.  Accordingly this Council requests that the Secretary of State for Transport and the Liverpool City Region Metro Mayor use every means possible to ensure retention of service.

An amendment was moved by Councillor Pugh, seconded by Councillor Dawson that the Motion be amended by the following additional paragraph being included at the end:

 Puts on record its gratitude for the work of the Southport Rail Transport Forum (SRTF) and the Ormskirk and Preston’s Passenger Association for their detailed research and consistent and effective non-partisan and cross-party campaigning on this important issue.

Following debate on the amendment the Chief Legal and Democratic Officer officiated a vote and the Mayor declared the amendment was lost by 40 votes to 17 and the Motion was carried unanimously, and it was:

RESOLVED: That:

This council objects in the strongest of terms to the consultation, namely “Timetable Options to Improve Rail Performance in the North of England.” A consultation stacked against Southport.

The DfT have a full record of this following representation.

Timetable Options to Improve Rail Performance in the North of England.

The above consultation sets out three options which feature a variety of changes to service patterns, planned to be implemented from the May 2022 timetable. The three options affect a number of rail services which run across key city centre stations in Manchester - Victoria, Oxford Road and Manchester Piccadilly.

All  ...  view the full minutes text for item 75.

Birkdale Village Cycle Lanes

It was moved by Councillor Shaw, seconded by Councillor Brodie-Browne

That this Council:

(1)      notes that there have been repeated recent claims made in the local Southport media that Sefton Council plans to introduce Cycle Lanes in Birkdale Village (i.e. that part of Liverpool Road between Welbeck Road/Bolton Road and the railway line, and that part of Weld Road between the railway line and York Road)

(2)      notes that a report to the Cabinet Member Locality Services in August 2020 included, in paragraph 4.8 the following statement:

"Phase two proposals, which could be considered as part of Tranche 2, could see this route extended both north and south to serve a wider area of the town, to the south along Alma Road to Birkdale and York Road and Trafalgar Road to Smedley Hydro and to the north along the A565 to connect Churchtown and Crossens to the town centre."

(3)      notes, however, that paragraph 4.8 referred to does not refer to Cycle Lanes (as opposed to "safer cycling routes"), or to Birkdale Village and anyway says "could".

(4)      notes that there have been no further relevant reports or announcements since August 2020 and that, accordingly, there are currently no plans to introduce Cycle Lanes in Birkdale Village.

(5)      believes that, were Cycle Lanes to be proposed in Birkdale Village, this would be wrong for a number of reasons including them being (a) unnecessary, (b) dangerous and (c) damaging.

(a) Unnecessary because motor traffic speeds in Birkdale Village are already low because of driver awareness of the high number of pedestrians crossing at multiple points from one pavement to the other.

(b) Dangerous because the introduction of Cycle Lanes in Birkdale Village would significantly increase the risk of cyclist/pedestrian collisions as pedestrians crossing the road would have no alternative but to also cross the Cycle Lane(s).

(c) Damaging because such Cycle Lanes within Birkdale Village could not be introduced without having profound adverse effects on parking provision.

In the light of the above, this Council states its opposition to any proposal to introduce Cycle Lanes in Birkdale Village.

An amendment was moved by Councillor Watson, seconded by Councillor Brough that the Motion be amended by the inclusion the following sixth paragraph:

(6)      agrees to withdraw for further consideration and consultation the latest set of proposals for cycle lanes in the Birkdale area.

In view of the difficulties caused by the first phase of the programme now agrees to review the first set of cycle lanes as a matter of urgency and not to wait until September in view of the damage that has been done to the commercial and retail sector in parts of the area involved.

Following debate on the amendment the Chief Legal and Democratic Officer officiated a vote and the Mayor declared the amendment was lost by 42 votes to 14 and on the Motion it was lost by 38 votes to 17 with 3 abstentions.

The Mayor reported that she had received notice that Councillor Dawson had requested to withdraw his Motion from the Agenda and it was:

RESOLVED:

That the Motion in relation to the Proposed NHS Changes affecting Principally Southport, Formby and West Lancashire Communities be withdrawn from the Agenda.