Decisions

Decisions published

21/09/2022 - Application for Discretionary Relief for non-profit making organisations ref: 11333    Awaiting Implementation

This report seeks consideration to approve the award of discretionary top-up rate relief to a non-profit making organisation under the provisions of section 47 of the Local Government Finance Act 1988 (as amended by section 69 of the Localism Act 2011).

 

Decision Maker: Cabinet Member - Regulatory, Compliance and Corporate Services

Decision published: 21/09/2022

Effective from: 30/09/2022

Decision:

Decision(s):

 

That the application from Merseyside Expanding Horizons Ltd for 20% discretionary rate relief for the financial year 2022-2023 amounting to £1,894.40 be rejected.

 

 

  Reasons for the Decision(s):

 

Merseyside Expanding Horizons Ltd is an Industrial and Provident Society, registered with the Financial Conduct Authority with registration number 28914R. In line with other registered charities they are entitled to 80% mandatory rate relief in respect of their business rates liability at 116-118 The Palatine, Strand Shopping Centre, Bootle, L20 4SW.

 

The organisation is also already receiving 50% Retail, Hospitality and Leisure relief for the year 1 April 2022 to 31 March 2023; awarded to help businesses and organisations in those sectors recover from the COVID19 pandemic. Therefore its net business rates liability after reliefs is 10% of the total business rates liability of £18,944.00 which equates to £1,894.40 for 1 April 2022 to 31 March 2023.

 

Through their discretionary rate relief application form, Merseyside Expanding Horizons Ltd has advised that, if relief was not awarded, then they would not be able to continue with the provision of the Community Hub, Youth Employment Hub, and enterprise support in Bootle as they do not currently have any specific funding to do this. Instead they would continue to deliver their current services to Sefton residents on an outreach basis.

 

However, through scrutiny of the organisation financial accounts and projections, it is considered that not awarding discretionary rate relief would have no significant impact on the organisation’s finances given its level of reserves and income. Furthermore, no unique or specific service has been identified that justifies the award of additional rate relief.

 

It should be noted that, in a previous discretionary rate relief application for the financial year 2021-2022, Merseyside Expanding Horizons Ltd also stated that the organisation would not be able to continue with the provision of services in Bootle as they did not have any specific funding to do so and would instead deliver their services to Sefton residents on an outreach basis. Discretionary rate relief was not awarded on that occasion however the organisation continues to operate and deliver services from 116-118 The Palatine, Strand Shopping Centre, Bootle, L20 4SW.

 

Under rate retention 99% of discretionary top up rate relief must borne by the Council and 1% by the Fire Authority.

 

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

Merseyside Expanding Horizons Ltd has applied for 20% discretionary rate relief to reduce the business rates liability at 116-118 The Palatine, Strand Shopping Centre, Bootle, L20 4SW for the period 1 April 2022 to 31 March 2023.

 

The discretionary rate relief application can be refused, or a different percentage of relief granted, as shown in the table below: -

 

2022-2023

1% Relief

2% Relief

5% Relief

10% Relief

Reduction in Non-Domestic Rates Income

£189.44

£378.88

£947.20

£1,894.40

 

 

 

 

 

Funded by Sefton Council 99%

£187.55

£375.09

£937.73

£1,875.46

 

 

 

 

 

Funded by Fire Authority 1%

£1.89

£3.79

£9.47

£18.94

 

Lead officer: Mark Barry


21/09/2022 - Application for Discretionary Rate Relief for Non-Profit Making Organisations ref: 11332    Awaiting Implementation

This report seeks consideration to approve an award of discretionary rate relief to a non-profit making organisation under the provisions of section 47 of the Local Government Finance Act 1988 (as amended by section 69 of the Localism Act 2011).

 

Decision Maker: Cabinet Member - Regulatory, Compliance and Corporate Services

Decision published: 21/09/2022

Effective from: 30/09/2022

Decision:

Decision(s):

 

That the the applications from Southport Contemporary Arts for 100% discretionary rate relief for the financial year 2022-2023 amounting to £3,093.80 be rejected.

 

The discretionary rate relief applied for is in respect of the premises 111B Eastbank Street, Southport, PR8 1DG and 65 Eastbank Street, Southport, PR8 1EJ.

 

Reasons for the Decision(s):

 

Southport Contemporary Arts provide affordable art-related classes/activities for Southport residents. They also provide volunteering and work experience opportunities for school and college students.

 

Information provided later in this report details various activities, both planned and already undertaken, and the organisation is now recognised as an important contributor to the Southport community providing a service that is not replicated elsewhere.

 

Clearly this is a valuable Southport resource and worthy of support under normal circumstances. Indeed, Southport Contemporary Arts benefitted from discretionary rate relief in 2017/18, 2018/19 and 2019/20.

 

However, it should be noted that the organisation is already receiving 50% Retail, Hospitality and Leisure relief for the year 1 April 2022 to 31 March 2023; awarded to help businesses and organisations in those sectors recover from the COVID19 pandemic.

 

Furthermore, Southport Contemporary Arts received a retrospective award of 100% Expanded Retail Discount for 65 Eastbank Street in January 2021 for the financial year 1 April 2020 to 31 March 2021. This and the award of 100% Retail Discount for the period 1 April 2021 to 30 June 2021 and 66% Retail Discount for the period 1 July 2021 to 31 March 2022 on both 65 Eastbank Street and 111B Eastbank Street has resulted in the organisation carrying business rates credits of £2,342.80 over to the financial year 1 April 2022 to 31 March 2023. Therefore, from a net liability of £3,093.80, the total business rates that Southport Contemporary Arts are required to pay in the financial year 1 April 2022 to 31 March 2023 is £751.00.

 

Additionally, between April 2020 and June 2021, Southport Contemporary Arts received various COVID19 grants totalling £46,861.00.

 

None of these reliefs, discounts and grants were available before the start of the COVID19 pandemic and when discretionary relief was previously awarded.

 

Financial accounts provided by Southport Contemporary Arts for the financial year ended 31 August 2021 show surplus income of £25,021 and a bank balance of £75,216 with net assets of £31,698.

 

 

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

Southport Contemporary Arts has applied for 100% discretionary rate relief to reduce their business rates liability at 111B Eastbank Street, Southport, PR8 1DG and 65 Eastbank Street, Southport, PR8 1EJ. The gross liability for 111B Eastbank Street is £3,143.70 and the gross liability for 65 Eastbank Street is £3,043.90. However, after

50% Retail, Hospitality and Leisure relief has been applied, the net liability is £1,571.85 and £1,521.95, respectively. Therefore the maximum discretionary rate relief that can be considered is 50% of the gross liability.

 

The discretionary rate relief applications can be refused, or a different percentage of relief granted, as shown in the tables below: -

 

111B Eastbank Street, Southport, PR8 1DG

2022-2023

5% Relief

10% Relief

25% Relief

50% Relief

 

Reduction in Non-Domestic Rates Income

 

 

£157.19

 

 

£314.37

 

 

£785.93

 

 

£1,571.85

 

 

 

 

 

Funded by Sefton Council 99%

 

£155.61

 

£311.23

 

£778.07

 

£1,556.13

 

 

 

 

 

Funded by Fire Authority 1%

 

£1.57

 

£3.14

 

£7.86

 

£15.72

 

65 Eastbank Street, Southport, PR8 1EJ

2022-2023

5% Relief

10% Relief

25% Relief

50% Relief

 

Reduction in Non-Domestic Rates Income

 

 

£152.20

 

 

£304.39

 

 

£760.98

 

 

£1,521.95

 

 

 

 

 

Funded by Sefton Council 99%

 

£150.67

 

£301.35

 

£753.37

 

£1,506.73

 

 

 

 

 

Funded by Fire Authority 1%

 

£1.53

 

£3.04

 

£7.61

 

£15.22

 

111B Eastbank Street and 65 Eastbank Street combined

2022-2023

5% Relief

10% Relief

25% Relief

50% Relief

 

Reduction in Non-Domestic Rates Income

 

 

£309.39

 

 

£618.76

 

 

£1,546.91

 

 

£3,093.80

 

 

 

 

 

Funded by Sefton Council 99%

 

£306.28

 

£612.58

 

£,1,531.44

 

£3,062.86

 

 

 

 

 

Funded by Fire Authority 1%

 

£1.53

 

£6.18

 

£15.47

 

£30.94

 

 

 

 

Wards affected: Dukes;

Lead officer: Mark Barry


21/09/2022 - Agilisys Contract Changes - Service Charges Adjustment for Supported Applications 2022/2023 ref: 11334    Awaiting Implementation

This report outlines a proposed change to the contract between Sefton Council and Agilisys relating to charges for the support of the Council’s ICT applications in the 2022/2023 financial year.

 

Decision Maker: Cabinet Member - Regulatory, Compliance and Corporate Services

Decision published: 21/09/2022

Effective from: 30/09/2022

Decision:

Decision(s):

 

(1) That the proposed changes be agreed

 

(2) That formal approval process for these changes be delegated to the Executive Director of Corporate Resources & Customer Services

 

Reasons for the Decision(s):

 

The proposed changes are to commercially reflect the ICT applications supported by Agilisys and the associated costs of this support.

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

Not applicable.

 

Wards affected: (All Wards);

Lead officer: Stephen O'Brien


16/09/2022 - Draft House Extensions Supplementary Planning Document (2022) ref: 11330    Awaiting Implementation

This report seeks approval of a draft House Extensions Supplementary Planning Document (2022) for public consultation. This will update the current House Extension SPD which was approved in 2018.

 

Decision Maker: Cabinet Member - Planning and Building Control

Decision published: 16/09/2022

Effective from: 27/09/2022

Decision:

Decision:

 

That the draft House Extensions Supplementary Planning Document (2022) be approved for public consultation.

 

Reasons for the Decision(s):

 

To allow the Council to publish the draft House Extensions Supplementary Planning Document for public consultation.

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

Not to update the current House Extensions SPD. However, this is now dated and does not fully reflect the Council’s view on what is considered an acceptable house extension.

 

Wards affected: (All Wards);

Lead officer: James Brockway


16/09/2022 - Draft New Build Homes SPD (2022) ref: 11329    Awaiting Implementation

This report seeks approval of a draft New Build Homes Supplementary Planning Document (2022) for public consultation. This will update the current New Housing SPD which was approved in 2018.

 

Decision Maker: Cabinet Member - Planning and Building Control

Decision published: 16/09/2022

Effective from: 27/09/2022

Decision:

Decision(s):

 

That the draft New Build Homes Supplementary Planning Document (2022) be approved for public consultation.

 

Reasons for the Decision(s):

 

To allow the Council to publish the draft New Build Homes Supplementary Planning Document for public consultation.

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

Not to update the current Housing SPD. However, this is now dated.          

 

Wards affected: (All Wards);

Lead officer: David Robinson


13/09/2022 - Land at Formby Point, Lifeboat Road and Ravenmeols, Formby ref: 11331    Recommendations Approved

To seek approval to a two year extension to the Call Option Agreement Over Land in relation to Land at Formby Point, Lifeboat Road and Ravenmeols between The National Trust for Places of Historic Interest or Natural Beauty and Sefton Council.

 

Decision Maker: Cabinet Member - Regulatory, Compliance and Corporate Services

Decision published: 13/09/2022

Effective from: 13/09/2022

Decision:

Decision(s):

 

(1) That approval be granted to a two year extension to the Call Option Agreement Over Land in relation to Land at Formby Point, Lifeboat Road and Ravenmeols between The National Trust for Places of Historic Interest or Natural Beauty (National Trust) and Sefton Council (the Council), as detailed within this report.

 

(2) That the Chief Legal and Democratic Officer be authorised to complete the necessary legal formalities.

 

(3) It be noted that the Leader of the Council and the Chair of the Overview and Scrutiny Committee (Regulatory, Compliance and Corporate Services) had given their consent under Rule 46 of the Overview and Scrutiny Procedure Rules for this decision to be treated as urgent and not subject to "call in" on the basis that it cannot be reasonably deferred because if call in was to apply, by the time the call in period has ended it would be too late to extend the Call Option Agreement for Land and the Council would either have to purchase back the land on the same terms as the disposal to the National Trust or permanently lose control over the land and securing delivery of the Project by the National Trust.

 

Reasons for the Decision(s):

 

The Call Option Agreement Over Land (the Agreement) specifies a deadline of Wednesday 14 September 2022 for the Gate 2 Approval (which includes: a project team, plans and specification is in place; statutory permissions obtained; procurement strategy in place; funding underway; Project Management Plan; National Trust funds released; and Conservation Management Plan, Community Involvement Plan, Learning Plan, and Marketing Plan in place). The National Trust advised Council Officers in late August that due to Covid and other factors, this deadline cannot be achieved. If the Agreement is extended, the National Trust will be given an additional two years to deliver on the Gate 2 Project and will reserve the Council’s option to buy back the land if it fails to deliver the Project at the expiry of the additional two years.

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

If the deadline lapses, the Council will be forced to either buy back the land or permanently lose the control over the land and securing delivery of the Gate 2 Project by the National Trust.

 

Wards affected: Harington; Ravenmeols;

Lead officer: Suzanne Rimmer


13/09/2022 - Southport Indoor Market - Proposed monthly market on Market Street and King Street, Southport ref: 11327    Awaiting Implementation

To seek approval for the progression of a Temporary Traffic Regulation Order on Market Street and King Street, Southport.

 

Decision Maker: Cabinet Member - Locality Services - Deputy Leader

Decision published: 13/09/2022

Effective from: 22/09/2022

Decision:

Decision(s):

 

(1)           the implementation of a Temporary Traffic Regulation Order be approved, the effect of which will temporarily close King Street, Southport between its junction with Market Street and Eastbank Street and Market Street between its junction with King Street and the indoor Market delivery access for the hosting of an outdoor market on every first Sunday in the month for the next twelve months. The markets will commence on Sunday 2nd October 2022;

 

(2)           the necessary legal procedures, including those of public consultation and advertising the Council’s intention to implement the Order, be approved.

 

Reasons for the Decision(s):

 

The Council has the power to revoke a Traffic Regulation Order (Part IV of Schedule 9 to the Road Traffic Regulation Act 1984) as well as the power to make a new Traffic Regulation Order (Section 1 of that Act). Authorisation to advertise new Traffic Regulation Orders falls under the remit of Cabinet Member Locality Services.

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

None

 

Wards affected: Dukes;

Lead officer: Colin Taylor


13/09/2022 - Section 228 Highways Act 1980 - Peter Mahon Way, Bootle ref: 11326    Awaiting Implementation

To seek approval for the Chief Legal and Democratic Officer, in conjunction with the Assistant Director of Place (Highways & Public Protection), to legally “adopt” an area of highway, as detailed within the report pursuant to section 228 of the Highways Act 1980.

 

Decision Maker: Cabinet Member - Locality Services - Deputy Leader

Decision published: 13/09/2022

Effective from: 22/09/2022

Decision:

Decision(s):

 

The the Assistant Director of Place (Highways and Public Protection), in conjunction with the Chief Legal and Democratic Officer be authorised to adopt an area of highway pursuant to section 228 of the Highways Act 1980, as detailed within the report and shown upon the attached plans: -

 

Peter Mahon Way, Bootle – A section of the existing carriageway and footway on Peter Mahon Way, adjacent to no.46 Peter Mahon Way. As shown on the attached plan DC2185;

 

Reasons for the Decision(s):

 

Cabinet Member authorisation is required in order to allow the Local Authority to legally “adopt” and therefore maintain areas of highway which do not form part of the adopted highway network at the present time, under legislation contained within Section 228 Highways Act 1980.

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

None

 

Wards affected: Linacre;

Lead officer: Brian Goodwin


13/09/2022 - Formby Station Structure Refurbishment - Temporary Footpath Closures ref: 11324    Awaiting Implementation

To seek approval for the temporary closure of the footpath, adjacent to Formby Bridge from the station car park to Freshfield Rd, Formby and the closure of part Duke Street, Formby from outside The Railway public house to the station car park between 2nd October 2022 to 28th October 2022.

 

Closures will only take place overnight when the trains have ceased operating.

 

Decision Maker: Cabinet Member - Locality Services - Deputy Leader

Decision published: 13/09/2022

Effective from: 22/09/2022

Decision:

Decision(s):

 

(1) The temporary closure of the footpath, adjacent to Formby Bridge from the station car park to Freshfield Rd, Formby also part Duke Street, Formby from outside The Railway public house to the station car park be approved.

 

(2) The necessary legal procedures, including those of public consultation and advertising the Council’s intention to implement the Order, be approved.

 

Reasons for the Decision(s):

 

The Council has the power to make temporary Traffic Regulation Orders under (Section 14 of the Road Traffic Regulation Act 1984).

 

 

Alternative Options Considered and Rejected:

 

None

 

Wards affected: Harington;

Lead officer: Julie Leacy


13/09/2022 - Procurement Strategy for Improvements to the cycle and walking routes on A565 Formby By Pass ref: 11325    Awaiting Implementation

To seek Cabinet Member approval to invite tenders through the appropriate procurement route for the provision of improvements to the cycling and walking routes on the A565 Formby By Pass between the junction with the Coastal Road at Woodvale and junction with Southport Road.

 

Decision Maker: Cabinet Member - Locality Services - Deputy Leader

Decision published: 13/09/2022

Effective from: 22/09/2022

Decision:

Decision(s): That

 

(1)    the progress on the scheme to date and the planned delivery programme be noted.

 

(2)   the tender process to procure a contractor for the scheme be approved.

 

(3)    Delegated authority be given to the Assistant Director Place (Highways and Public Protection) to award the Contract resulting from the procurement process.

 

 

Reasons for the Decision(s):

 

The Council received funding from Tranche 2 of the Active Travel Fund via the Liverpool City Region Combined Authority (LCRCA) for the extension of the existing north-south cycle route through Southport. Following the consultation process, it was agreed with the LCRCA, that the funding could be used for an alternative scheme to deliver improvements to the route on the A565, Formby By Pass. It was also agreed that  the timeframe in which the money must be expended could be extended to March 2023.

The Procurement Strategy outlined within the report aims to ensure the engagement of a suitably experienced contractor who has demonstrated compliance with the Council’s statutory requirements, quality criteria and submitted an acceptable tender price, to deliver the construction of the project to meet the revised timeframe.

 

 

Alternative Options Considered and Rejected: (including any Risk Implications)

 

The scheme budget exceeds the financial limits for the Minor Works Term Service Contract and therefore cannot be considered for delivery using this option. The Council has no direct current contractor framework suitable for this type and scope of work.

 

Wards affected: Ainsdale; Harington; Ravenmeols;

Lead officer: Andrew Dunsmore