Agenda item

To consider any questions which may have been received from Elected Members and which are asked pursuant to Standing Order No. 11.

a)    Councillor Fielding

“In February I learned that the Council was seeking advice from legal counsel to resolve a dispute with the contractor at the Penny Pie Park gyratory over the submitted costs of the works. What was the specific nature of the dispute and has it been resolved to both parties satisfaction?”

b)    Councillor Fielding

“What steps are taken by Berneslai Homes to ensure that tenants have sufficient information about asbestos in their homes to ensure their safety?”

c)    Councillor Fielding

“What is the Council doing to prepare for mandatory food waste collections in 2023?”

The Chief Executive reported that she had received a number of questions from Elected Members in accordance with Standing Order No. 11.

“In February I learned that the Council was seeking advice from legal counsel to resolve a dispute with the contractor at the Penny Pie Park gyratory over the submitted costs of the works. What was the specific nature of the dispute and has it been resolved to both parties satisfaction?”

Councillor Frost, Cabinet Spokesperson for Place (Regeneration and Culture) responded by saying that the contract used industry-standard clauses that allow compensation events to be payable to the contractor for unforeseen events that occur or result in changes to works instructions that impact on their costings.  

The Council had sought legal advice on a submission by the contractor for a compensation event to ensure that the council paid only what was due under the contract, and it was highlighted that this was still in the process of being resolved. 

As the contract was still live, Councillor Frost stated that it would be inappropriate to comment on the issue further.

By way of a supplementary question, Councillor Fielding asked, in view of the fact that the Council was in a legal dispute with the contractor, the project was well behind schedule, and that numerous residents had cause to complain about the behaviour of the contractor, resulting in threats of legal action and Ombudsmen complaints, what lessons could the Council learn from this contract?

Councillor Frost, Cabinet Spokesperson for Place (Regeneration and Culture), replied stating that a report on Penny Pie Park and the gyratory would come back to Councillors at an appropriate time when the project was fully completed, and the finances had been reconciled.

b.    Councillor Fielding

“What steps are taken by Berneslai Homes to ensure that tenants have sufficient information about asbestos in their homes to ensure their safety?”

Councillor Frost, Cabinet Spokesperson for Place (Regeneration and Culture) responded by saying that Berneslai Homes’ Asbestos Policy was updated in September 2021 and would be reviewed every 2 years to ensure it remained fully compliant with the Control of Asbestos Regulations 2012 and fulfilled duties under other legislation, including the Health and Safety at Work Act 1974. 

As per the Policy, Berneslai Homes would: 

• Share information clearly and transparently, and ensure that information was available to tenants through leaflets and information on its website. All new tenants were issued with a hard copy of the leaflet. 

• Provide leaseholders and tenants with an asbestos survey report for the property when requested. Tenants and leaseholders may also request a copy of the survey for communal areas of their block of residence. 

• Provide advice about asbestos, including what to do if tenants wish to carry out DIY or employ a contractor to undertake work, including who to contact if asbestos-containing materials are accidentally disturbed.  This was done when tenants request permission to carry out works and when tenants enquire directly. 

Councillor Frost also highlighted that Berneslai Homes were in the process of transferring the Asbestos Register (currently PIMSS) over to another provider (C365).  The new provider has a Tenants Portal, which will allow tenants access to the Asbestos Register for their property online.  

By way of a supplementary question, Councillor Fielding asked, why Berneslai Homes were not making their tenants aware of the findings of asbestos reports carried out on their properties as a matter of course?

Councillor Frost, Cabinet Spokesperson for Place (Regeneration and Culture) replied by saying that the information was available at any time, if requested, and the new system, when implemented, hopefully by the end of the year, would allow this to be accessed at any time.

c.    Councillor Fielding

“What is the Council doing to prepare for mandatory food  waste collections in 2023?

Councillor Higginbottom, Cabinet Spokesperson for Place (Environment and Transportation)  replied  by assuring Councillor Fielding that this was an issue that was very close to his heart. 

He stated that this was a matter that he had personally raised with Councillor Lamb during his time on the Council and something he would be taking a keen interest in as Cabinet Member. 

The Council had been responding to a series of government consultations on prospective amendments to the Environment Bill, including clarification on which elements were in fact mandatory.   While this intent of the legislation was clear, the Council was not yet clear whether the current technological solutions (procured through the Barnsley, Doncaster and Rotherham Waste Partnership) qualified as an exemption. 

The current waste disposal solution delivered the outcomes sought by mandatory food waste collections i.e. it was not sent to landfill and therefore does not contribute in a negative way to greenhouse gas emissions, but instead was processed in a way which creates a gas that powers the waste treatment facility. In short, a win-win solution. 

Having to collect food waste separately at the kerbside and then take it to a dedicated anaerobic digestion facility could be a retrograde step and would, in fact, increase carbon emissions. For example, with more vehicles and travel throughout the process, without making any tangible improvements to the end product. 

The Council was having these discussions with DEFRA and had fed this view into the consultation responses. No response had yet been received but the Council would continue to engage fully with Ministers and officials on this matter and, would fulfil their obligations as required by legislation and guidance. 

In asking a supplementary question Councillor Fielding asked if the Council were doing enough to help people reduce food waste, which would be of help to the new service and to the environment as a whole.  He asked what measures were being taken to encourage residents or to inform them about the reduction of food waste and whether the Council took part in the Food Waste Action week in March?

Councillor Higginbottom, Cabinet Spokeperson for Place (Environment and Transportation) responded by stating that it was important to inform and educate residents about the importance of reducing food waste, and that Barnsley performed very much above the national average with only 2.1% of waste going to landfill, when compared to 7.8%.  He added that the focus of the Environment Bill had many elements, including waste prevention and that the Council would be taking every step to encourage this, including supporting residents.  In relation to Food Waste Action week, as Councillor Higginbottom was new to the role, he did not have this information to hand, but provided assurance that a full and comprehensive response would be provided to Councillor Fielding.