Agenda and minutes

There were no appeals against refusal of inspection of documents.

There were no exempt items.

There were no late items.

To disclose or draw attention to any interests in accordance with Leeds City Council’s ‘Councillor Code of Conduct’.

There were no declarations of interests.

To receive any apologies for absence and notification of substitutes.

Apologies were received from Cllr A Ali, Cllr M Millar and Cllr S Lay.

Cllr A Maloney attended as a substitute for Cllr A Ali.

Cllr E Thomson attended as a substitute for Cllr M Millar.

To approve as a correct record the minutes of the meeting held on  26 June 2024.

The Chair invited the Principal Scrutiny Advisor to update members on any matters arising.

Minute 9: Christa Jolley has produced proposals for two training sessions on affordable housing delivery, along with a private roundtable discussion with stakeholders. Those sessions are anticipated to take place in September, October and November to inform the scheduled public discussion about the refresh of the Leeds Affordable Housing Growth Partnership Action Plan in January. Dates will follow shortly.

RESOLVED: The minutes of the meeting of 26 June 2024 were agreed as a correct record.

To receive a report from the Chief Officer for Highways and Transportation in relation to the work being carried out to address the highways maintenance backlog in the context of the financial challenges facing the Council.

The individuals in attendance for this item were:

-  Cllr Jonathan Pryor (Executive Member, Economy, Transport & Sustainable Development)

-  Cllr Debra Coupar (Executive Member, Resources)

-  Gary Bartlett (Chief Officer, Highways and Transportation)

-  Oliver Priestly (Head of Engineering and Infrastructure)

-  Simon Swift (Executive Manager, Asset Management)

-  Tony Penniston (Principal Engineer Highways Asset Management)

The Chair welcomed engagement with scrutiny on this issue on a pre-decision basis. 

Gary Bartlett provided introductory comment on the report noting that highways maintenance is regularly identified as a priority in public perception surveys.

Gary highlighted several issues including:

-  Since 2010 the Council has contributed £200m of capital funding to highways maintenance in addition to grants from Government.

-  The level of investment in highways maintenance has not kept pace with the rate of decline in the network condition and inflationary cost pressures.

-  The scale of the network in Leeds – the highway network comprises 2,944km carriageways and approximately 4,687km of footways.

-  High rainfall and severe cold weather have a disproportionate impact on the condition of the highways. Wet conditions have been a particular concern over the last 12 months.

-  The number of potholes on the highway has increased.

-  Government grant funding is spent as it is received. This has included some Network North funding received to date. Prior to the general election there had been indications that the Council should expect details of further funding via Network North but no further information had been received. Clarification of the status of potential Network North funding is awaited post general election.

-  The challenges facing the Council in Leeds reflect national trends. The highways maintenance backlog in England and Wales is estimated to be £16.3bn. The backlog in Leeds is estimated to be £288m.

Members sought clarity regarding RAG ratings for roads in different parts of the city, the process for inspecting the condition of the highway and the anticipated increase in the estimated cost of the backlog in Leeds.

Tony Penniston outlined the process for inspecting carriageways and footways. He also explained how roads and footways are then categorised to inform the planned schedule of works.

Members received an overview of the way in which the backlog is calculated. It is anticipated that the estimated cost of the backlog will increase due to inflationary pressures in the industry.

Further information was provided about the disparity of the scale of the backlog attributable to different wards in the city.  Members were reassured that a change in approach to prioritise funding for roads in the worst condition should see those disparities reduce over time.

The Scrutiny Board was advised that it is difficult to provide comparative data about performance in relation to highways maintenance due to local variations in the definition of acceptability for road conditions.  However, Gary Bartlett noted that feedback from national transportation surveys suggests the approach in Leeds can be regarded positively.

Cllr Scopes queried whether a map could be provided of the RAG ratings of different  ...  view the full minutes text for item 18.

To receive a presentation on a new Community Asset Transfer Policy ahead of consideration by Executive Board on 24 July 2024.

The individuals in attendance for this item were:

-  Cllr Debra Coupar (Executive Member for Resources)

-  Angela Barnicle (Chief Officer Asset Management & Regeneration)

-  Mark Mills (Head of Asset Management)

The Chair invited Mark Mills to deliver a presentation on proposals for an updated Community Asset Transfer (CAT) Policy. The presentation covered the following:

-  The background to community asset transfer following its introduction in the Localism Act 2011.

-  The benefits of community asset transfer including enabling investment in an asset from sources of funding the local authority may not be able to access.

-  Features underpinning a successful community asset transfer including a realistic business plan and well-structured community organisations.

-  Challenges including the complexity of sustaining and maintaining a building over the long term.

-  Drivers for refreshing the policy including incorporating learning from ten years of managing CATs and a desire to make it easier for communities to engage in the process.

-  Proposed changes to the CAT policy including producing a list of properties with potential for CAT to be approved and published.

-  An overview of consultation and engagement with ward members, Leeds Community Anchor Network, and Voluntary Action Leeds.

-  Next steps in the process.

Members welcomed the creation of a new list of assets suitable for community asset transfer. Mark noted that properties will not be available for CAT indefinitely and disposal will be considered if there is no viable interest in a CAT.

Members sought clarity about the implications for both the Council and community groups of changes in requirements relating to EPC ratings. Members were advised that new procedures will be established to provide greater flexibility to community organisations seeking to deliver works to improve the EPC rating of a building so as to enter into a lease.

It was confirmed that Council funding will not be available to carry out improvement works prior to transfer, given the need to invest in the retained estate. However, a time limited opportunity to utilise some UK Shared Prosperity Funding to support community asset transfer in the current year has been identified. Organisations invited to present a business case for a CAT could also therefore be invited to submit a UKSPF application to support the CAT.

Current proposals reflect feedback from previous stakeholders with experience of CAT. For example, a standard head of terms document is proposed given feedback about the legal process being daunting for community groups. This was welcomed by members. 

Angela Barnicle advised members about discussions with voluntary partners regarding their capacity to provide advice, mentoring and signposting to organisations seeking to progress a CAT.

Officers have also worked with colleagues in the ABCD team within Adult Social Care to create a better ‘front door’ to signpost community groups to sources of information and support.

It was noted that the EDCI screening at appendix 2 of the report does not identify any differential impact for different equality characteristics. However, it was suggested that typically the LGBT community is less  ...  view the full minutes text for item 19.

To receive a presentation from the Executive Manager (Flood Risk and Climate Resilience) on proposals relating to the approach to Biodiversity Net Gain in relation to water courses. 

The Chair welcomed the early opportunity to explore the Council’s approach to Biodiversity Net gain units so far as they relate to watercourses. Legislation came into force in February 2024 and the Chair underlined the importance of ensuring the Council acts quickly to make the most of the opportunities it presents.

Those in attendance for this item were:

-  Cllr Jonathan Pryor (Executive Member Economy, Transport & Sustainable Development)

-  Jonathan Moxon (Executive Manager, Flood Risk and Climate Resilience)

Jonathan Moxon set out the background to the legislation that was introduced in February 2024 for major planning applications and April 2024 for other application types. He outlined an aspiration to align the approach to river units  with the approach to terrestrial and hedgerow units.

Jonathan set out the challenges and opportunities of the new requirements, including the need for off-site biodiversity units to be covered by a S106 agreement, be entered onto a National BNG Sites Register and have a fully funded 30-year management plan.

Further information was sought about BNG assessors. Members explored the potential challenge around access to people with the right skills and accreditations. Members sought a view on whether specialist skills could be developed in-house and marketed to other organisations.

Jonathan outlined the possible mechanisms available to enable the development of a Council habitat bank such as establishing a Special Purpose Vehicle. Members noted some concern about the potential costs associated with SPVs and a lack of democratic accountability.

Jonathan informed members that the legislation prioritises delivery of works ‘at source’ wherever possible. However, the Scrutiny Board was advised that work is also underway to identify existing greenspace or locations with aspirations for nature recovery, where units could be used off site to deliver maximum impact.  This may include ‘re naturalising’ highly engineered watercourses such as mill goits.

Jonathan noted that the Council is seeking to engage with the Calder and Colne Rivers Trust which is seen as a leading organisation in relation to river credits.

Members explored the potential opportunities to improve urban watercourses – for example, by engineering more naturally varied flows where watercourses have been straightened. Public access is not part of the stated aims for BNG river units but it was agreed that increasing biodiversity may also improve greenspaces for residents including in inner city areas.

Cllr Wilson left the meeting at 1pm.

RESOLVED:

Members recommended that the successor Scrutiny Board receives an update on progress in early 2025/26.

To consider the Scrutiny Board’s work schedule for the 2024/25 municipal year.

Members were advised that the timetabling of items requested to date is ongoing. 

Members should anticipate invitations for working groups on affordable housing delivery, the Social Progress Index and the budget consultation between September and December. 

Resolved:

Members noted the Scrutiny Board’s work schedule for the 2024/25 municipal year.

The next meeting of the Scrutiny Board (Infrastructure, Investment and Inclusive Growth) will take place on 25 September 2024 at 10.30am. There will be a pre-meeting for all Scrutiny Board members at 10.15am.

The next meeting of the Scrutiny Board will take place on 25 September 2024. Members asked that consideration be given to revising the meeting start time from 10.30am to 10.15am. This will be confirmed in line with notification requirements.

There will be a pre-meeting for all Board members 15 minutes before the public meeting.

The meeting ended at 1.10pm.