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 Lodge

 

‘What enforcement action can be taken by the Council, against landowners who fail to maintain their land?’

 

b)    Councillor P Fielding

 

‘Given the significantly higher cost of energy for tenants having to use prepayment meters, can the cabinet member please advise how many Berneslai Homes tenants have prepayment meters installed and what is being done to reduce that number?’

 

c)    Councillor Lodge

 

‘Given the varying uses of communal facilities and the variation in tenancies, should a review be undertaken of service charges at ‘sheltered housing’ operated by Berneslai Homes, in order to take away any burdensome costs from tenants during the current cost of living crisis and beyond?’

 

d)    Councillor Hunt

 

‘At the Full Council meeting in February 2022, in response to my question, the Cabinet Support member confirmed that there had been a delay in the project to provide status updates to online requests raised by residents. The response provided stated. “I’m pleased to confirm that the rollout of this functionality is due to start by the beginning of March at the latest, initially providing updates to residents who report fly-tipping issues online. The work to obtain status updates will then be rolled out to other transactions, offering our residents status updates for their online enquiries”. Please can a further update be provided as to my knowledge this functionality promised for March 2022 is still not in place’

 

e)    Councillor Lodge

 

‘A number of tenants in ‘sheltered housing’ have described feeling unsafe and feel this should be a priority of the Council and Berneslai Homes, as such should a review of additional safety measures e.g. CCTV be undertaken?’

 

f)     Councillor W Fielding

 

‘Why does this Council insist on appointing a member of the ruling group to be chair of Overview and Scrutiny contrary to the LGA guidance on best practice?’

 

g)    Councillor P Fielding

 

‘What has the Council done to date to prepare for the 5 year revision of the Local Plan in 2024 and what is the target date for the revised local plan to be adopted?’

 

h)    Councillor Greenhough

 

‘Back in 2018 residents of Fullshaw Cross, between Millhouse Green and Langsett in Penistone West, were promised that a significant chunk of the £1.4m A628 Road Safety Grant would be spent on remodelling that junction. There have been numerous accidents and near misses over the years and myself and my Penistone West colleagues get frequent reports from residents about yet another vehicle ending up in their garden. Initial plans were drawn up which remodelled the junction to clearly define turning priorities on and off the main road to reduce accidents. Since then we have heard nothing, despite frequent emails to the Highways Team to ask for updates. The other planned improvements connected to this grant are moving forward slowly but surely.

 

Could the cabinet member please let us know what is happening with the plans for the Fulshaw Cross junction? This project is already funded, so why the hold up?’

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

 

(a)  Councillor Lodge

 

‘What enforcement action can be taken by the Council, against landowners who fail to maintain their land?’

 

Councillor Makinson, Cabinet Spokesperson for Public Health and Communities thanked Councillor Lodge for his question.  She stated that there were different ways in which ‘a failure to maintain private land’ could be applied. It wasn’t easy to provide a specific response without details, but she would give an overview of the areas officers could look at.

 

1)    If there was a nuisance complaint, it may be appropriate to use powers under anti-social behaviour legislation. To do this, the authority would need to establish:

·         that there was a detrimental impact on people in the surrounding area

·         that the situation was persistent or continuing

·         that the conduct of the landowner was unreasonable.

In these circumstances, the Council could issue a Community Protection Notice. Failing to comply with a Community Protection Notice could lead to a fixed penalty notice or prosecution.

 

2)    If the land contained household waste or other items likely to provide a food source and a home for rats or other vermin, the Council could serve a legal notice on the landowner requiring them to clear the land. If they failed to do this, the Council could enter the land, remove the items, and recharge the landowner.

3)    If the condition of the land was judged to be adversely affecting the surrounding area, it may be more appropriate to consider planning legislation to get the landowner to clear their land. This would also be the case where the land was being used for purposes which were not allowed.

Councillor Lodge stated that despite requests, parcels of land had been left in a dire state in Worsborough for over a decade.  This included land on Cross Street and Park Road.  As such, he asked if the Cabinet Spokesperson could direct officers to investigate these areas and others as a matter of urgency.

Councillor Makinson, in response, stated that now this information about the specific locations had been provided and, if she could discuss this matter further with Councillor Lodge outside the meeting in order to obtain more information, she would contact the relevant officers to see what action could be taken.

(b)  Councillor P Fielding

‘Given the significantly higher cost of energy for tenants having to use prepayment meters, can the cabinet member please advise how many Berneslai Homes tenants have prepayment meters installed and what is being done to reduce that number?’

 

Councillor Frost, Cabinet Spokesperson for Regeneration and Culture thanked Councillor P Fielding for his question.  He stated that this information was not held, as tenants made their own arrangements with their utility supplier. However, the Warm Homes Service had a fund to help families struggling with pre-payment meters, across tenure. This fund covered any costs associated with outstanding debt and the meter swap. Staff within Berneslai Homes Tenancy First Team were aware of this funding and could signpost tenants to information and support.

 

Councillor P Fielding thanked Councillor Frost for the response and, as a supplementary question, asked if Berneslai Homes replaced repayment meters with credit meters before a tenant moved in so that the new tenant could start their tenancy with access to the best energy tariffs and if not, why not?

 

Councillor Frost did not have this information to hand so would provide Councillor P Fielding with the information outside this meeting.

(c)  Councillor Lodge

‘Given the varying uses of communal facilities and the variation in tenancies, should a review be undertaken of service charges at ‘sheltered housing’ operated by Berneslai Homes, in order to take away any burdensome costs from tenants during the current cost of living crisis and beyond?’

 

Councillor Frost, Cabinet Spokesperson for Regeneration and Culture, thanked Councillor Lodge for his question.  He stated that there was no sheltered housing owned by the Council and managed on its behalf by Berneslai Homes.

There were a number of Independent Living Schemes where the properties were under one roof and had some shared facilities such as communal lounges.

The service charge covered costs associated with door entry, communal cleaning, and water, which were essential services for people living in these properties.

There had not been an increase in general service charge costs over the last four years. There was a review of communal heating charges during 2021/22 and this resulted in a reduction in the price of heating for people.

 

Councillor Lodge did not ask a supplementary question.

 

(d)  Councillor Hunt

 

‘At the Full Council meeting in February 2022, in response to my question, the Cabinet Support member confirmed that there had been a delay in the project to provide status updates to online requests raised by residents. The response provided stated. “I’m pleased to confirm that the rollout of this functionality is due to start by the beginning of March at the latest, initially providing updates to residents who report fly-tipping issues online. The work to obtain status updates will then be rolled out to other transactions, offering our residents status updates for their online enquiries”. Please can a further update be provided as to my knowledge this functionality promised for March 2022 is still not in place?’

 

Councillor Gardiner, Cabinet Spokesperson for Core Services thanked Councillor Hunt for his question and stated that the refreshed Fly Tipping tracking capability had been running as a pilot for approximately eight weeks.  People reporting fly-tipping online could now track status updates through the updated pin on a map functionality. A review of the improved system developments would be undertaken over the coming weeks with a view to making any further revisions for the benefit of residents and communities and informing the rollout of the approach to other relevant services and transactions.

 

Councillor Hunt thanked Councillor Gardiner for his response and stated that it was good to see him back in the Chamber.  This was the third time he had asked about this project, and it appeared that some progress had been made.  He was still not confident, however, that the level of service that customers and residents should be receiving was being delivered and he asked, as a supplementary question, if the Cabinet Member would agree to meet him and officers to discuss this project so that they could look at it in more detail together.

 

Councillor Gardiner thanked Councillor Hunt for his supplementary question.  As stated earlier, this project was being examined in depth with the Senior Management Team and with departments and services.  He was, of course prepared to meet Councillor Hunt and anyone else who wished so that this issue could be progressed.

 

(e)  Councillor Lodge

 

‘A number of tenants in ‘sheltered housing’ have described feeling unsafe and feel this should be a priority of the Council and Berneslai Homes, as such should a review of additional safety measures e.g. CCTV be undertaken?’

 

Councillor Frost, Cabinet Spokesperson for Regeneration and Culture, thanked Councillor Lodge for his question and stated that officers were unaware of tenants in the independent living schemes expressing feelings of being unsafe in their properties. If any tenants did feel unsafe, they were encouraged to contact their Scheme Manager or Housing Management Officer so help could be provided.

There was one person who had expressed concerns about wider anti-social behaviour in the area that they lived in.

In this community, the Service had been working closely with local elected members, Berneslai Homes and South Yorkshire Police to take action and tackle issues which had included installing CCTV.

 

Councillor Lodge asked, as a supplementary question, whether the Cabinet Spokesperson would like to attend the ‘Your Community, Your Say’ meeting on the 10 August 2022 for Worsborough residents so that he could understand the feelings from the tenants directly.

 

Councillor Frost stated that he would be happy to attend this meeting subject to other diary commitments.

 

(f)   Councillor W Fielding

 

‘Why does this Council insist on appointing a member of the ruling group to be chair of Overview and Scrutiny contrary to the LGA guidance on best practice?’

 

Councillor Sir Stephen Houghton CBE, Leader of the Council, commented that  the statutory guidance for Overview and Scrutiny in Local and Combined Authorities stated that ‘the method for selecting a Chair was for each authority to decide for itself.’  It also stated that ‘the Chair should also possess the ability to lead and build a sense of teamwork and consensus among Committee members.’  In his view, Councillor Ennis OBE had done an outstanding job in relation to that.  As Members would be aware, it was the Annual Council that decided the Chair of the Committee and again this year Members had voted Councillor Ennis OBE as the Chair.  An appointment that was unopposed.

 

Councillor W Fielding thanked Councillor Sir Steve Houghton CBE for his response and, as a supplementary question, asked if he thought it was right that a member of the ruling group had the sole power to waive the important scrutiny function of calling in key decisions of the ruling party so that other elected Members could not scrutinise that decision, as had happened recently.

 

Councillor Sir Steve Houghton CBE responded by stating that as the Local Government Association had been quoted, he was happy to continue to do that.  The Council prided itself on good governance and it ensured it had an effective Overview and Scrutiny Committee.  He assured Members that the Council did indeed have an effective Overview and Scrutiny Committee, in fact the Local Government Association Peer Challenge in March 2019 commented that ‘The Council’s scrutiny function appears to work well.  Members are knowledgeable about the areas they scrutinise, and they’re appropriately inquisitive about the subject matter, with good working relationships with officers.’

 

It worked well in Barnsley because it was inclusive and non-partisan.  Obviously, the Committee needed to be politically proportionate, which it was, but the Council went above and beyond that.  Two of the Committees were Chaired by opposition members Councillor P Fielding and the other by a Member from the Conservative Group.  So, in terms of proportionality, objectivity both now, in the past and in the future, he felt that Councillor Ennis OBE had done a tremendous objective job and he had his full support.  Indeed, Councillor Ennis OBE had brought him to task on a number of occasions.  The role that Councillor Ennis OBE played in this process and the Scrutiny Committee was as effective as it could be.

 

(g)  Councillor P Fielding

 

‘What has the Council done to date to prepare for the 5-year revision of the Local Plan in 2024 and what is the target date for the revised local plan to be adopted?’

 

Councillor Frost, Cabinet Spokesperson for Regeneration and Culture, thanked Councillor P Fielding for his question.  He stated that Officers within the Planning Service had produced monitoring reports and carried out general research relating to Local Plan Reviews.

 

The Planning Advisory Service had a toolkit which had been populated and would be published alongside the relevant Cabinet report along with a note from the Planning Officer’s Society, who had been appointed as a critical friend. 

 

It was intended to update the Forward Plan shortly to confirm timescales for a report to Cabinet relating to the Local Plan Review.

 

Councillor P Fielding thanked Councillor Frost for his response.  Given the recent census results that showed Barnsley’s population had increased by just 5% in the last 10 years, and was slowing down, and the working age population of Barnsley grew by just 2% in that period he asked, as a supplementary question, if the Local Plan targets of 28,000 new jobs and a 20% increase in the number of houses were correct to meet the needs of the existing Barnsley residents or were they intended to attract new residents and grow the population even further.

 

Councillor Frost stated that the Local Plan covered the period to 2033, it therefore, took into account the type of issues raised by Councillor P Fielding.

 

(h)  Councillor Greenhough

‘Back in 2018 residents of Fullshaw Cross, between Millhouse Green and Langsett in Penistone West, were promised that a significant chunk of the £1.4m A628 Road Safety Grant would be spent on remodelling that junction. There have been numerous accidents and near misses over the years and myself and my Penistone West colleagues get frequent reports from residents about yet another vehicle ending up in their garden. Initial plans were drawn up which remodelled the junction to clearly define turning priorities on and off the main road to reduce accidents. Since then we have heard nothing, despite frequent emails to the Highways Team to ask for updates. The other planned improvements connected to this grant are moving forward slowly but surely.

 

Could the Cabinet Member please let us know what is happening with the plans for the Fulshaw Cross junction? This project is already funded, so why the hold up?’

Councillor Higginbottom, Cabinet Spokesperson for Environment and Highways thanked Councillor Greenhough for his question and stated that the construction of the revised layout for the junction at Fulshaw Cross had been delayed due to difficulties in securing the land purchase necessary to deliver the proposed scheme, which extended beyond the current boundaries of the adopted highway.

 

Regarding the comment about “frequent emails to the Highways Team to ask for updates”, he asked if these could be forwarded to the member enquiries email address, as the Service would like to understand why these had not been responded to.  Upon receipt of these, the Service would endeavour to answer any questions raised.