Anita Bradley, Monitoring Officer, advised that there should be no discussion on the sites in the Housing Company reports which were the subject of current planning applications to avoid any conflicts of interests.

Access to reports and admission to Shareholder and Joint Venture Group Meetings

A limited company in which a local authority holds an interest, even a 100% interest, falls outside the strict requirements of local government law.

It follows, therefore, that meetings between the shareholder of a private limited company and the directors of such company are essentially private matters, to which the public holds no automatic right of admittance.

While this Council would be entitled, therefore, to treat its shareholder meetings as entirely private matters, in the spirit of transparency it has allowed public access to the “open” parts of the meeting, only going into private session when any matters of a confidential, commercial or financial nature are discussed. 

The agenda lists all reports to be considered and whether access to these is ‘public’ or ‘private’.

The Chair of the SJVG will confirm at the start of the meeting:

·         which reports and parts of the business are to be discussed in public session (to which the public and those not directly involved in the Company can be admitted) and

·         which reports and parts of the business are to be discussed in private (to which only the relevant Company’s directors and their advisers will be admitted).

The Chair at her discretion may decide to move from public to private discussion or vice-versa at any point during the meeting.

The Shareholder group members agreed that all items relating to the individual companies would be discussed in private session.  They agreed to exclude the public and also all directors and officers who were neither their advisers nor had a direct relationship with the company being discussed. 

Purpose of report: to set out the terms of reference and meeting arrangements for this Group.

The Head of Law and Governance will present this report.

Recommendation: to agree the terms of reference and meeting arrangements for the Shareholder and Joint Venture Group.

The Shareholder group considered and agreed to adopt without change the terms of reference and meeting arrangements as set out by the Head of Law and Governance.

The Group is asked to consider any comments and/or recommendations from the Companies’ Scrutiny Panel meeting on 19 September 2019.

Tom Hudson, Scrutiny Officer, reported on the discussions at the Companies Scrutiny Panel.

The Panel had made no formal recommendations but had noted and discussed a number of points.

Those immediately relevant to the discussions at this meeting included:

• The Panel encouraged the Housing Companies to build low carbon/ energy efficient value-for-money housing both in light of the Council’s motion to become carbon neutral by 2030 and to provide good value for the company and tenants.
• The Panel recognised the challenges the Housing Companies faced in securing an adequate supply of land to maintain momentum and fulfil its plans.
• The Panel noted the good progress to date at Barton Park but were concerned about the potential impact of the slowdown in sales and development at Barton Park and asked about facilitating the start of the bus link to the city.

Present for this item only:

Purpose of report: to introduce the first draft of both the OCHL Strategic Plan and 10 year indicative Business Plan and to seek shareholder endorsement.  At this stage the draft Business Plan is provided within the Strategic Plan, to establish an indicative ‘envelope’ within which the OCHL Group may progress to the detailed Business Plan for the Shareholder on 19 November 2019.

Recommendations: the Shareholder and Joint Venture Group is asked to:

1.  Review and endorse the first draft of both the OCHL Strategic Plan and indicative Business Plan at Appendix 1.

2.  Consider the specific points raised in the report, to inform the progress of the Strategic Plan and detailed Business Plan for the Shareholder meeting on 19 November 2019.

The report and appendices are private as they include matters considered to be commercially sensitive and relating to the finance or business affairs of the Council, the company, and other third-parties.

The Group considered a report introducing the first draft of both the OCHL Strategic Plan and 10 year indicative Business Plan and seeking shareholder endorsement before presentation of the detailed Business Plan for the Shareholder on 19 November 2019.

The Shareholder and Joint Venture Group agreed to endorse the first draft of both the OCHL Strategic Plan and indicative Business Plan at Appendix 1 to the report, subject to their comments.

Purpose of report:

This report incorporates and seeks to measure the impact of the most recent changes made to the previous approved development programme within OCHL’s current Business Plan (BP). The Risk Register is undergoing a significant review given the change in strategic development, accelerated programme activity and future partnering arrangements and this will be reported at the next meeting. Furthermore, a series of development Key Performance Indicators (KPI’s) along with several financial performance measures are being identified and collated for reporting in future OCHL performance reports to the Shareholder meetings for review, comment and feedback.

Recommendations: that the Shareholder and Joint Venture Group resolves to:

1.      Note the revised development modelling (dashboards), financial performance and financial position of OCHL’s combined activities.

2.      Note the revised draft Business Plan schedule of projects at Appendix 1.

3.      Note the impact of the proposed 10 year development programme will have on OCHL activity and debt redemption possibilities, OGD social rented dwelling delivery, HRA headroom borrowing, future OCHL MTFP obligations and new build numbers.

The report is public. The three appendices are private as they include matters considered to be commercially sensitive and relating to the finance or business affairs of the Council, the companies, and other third-parties.

Councillor Linda Smith left at the start of this item.

The Group discussed a report and exempt appendices setting out the impact of the most recent changes made to the previous approved development programme within OCHL’s current Business Plan; proposals for Key Performance Indicators (KPI’s); and financial performance measures.

The Shareholder and Joint Venture Group agreed the note the report.

Purpose of report: to provide an update to the SJVG on the status and progress of the Housing Group’s development site delivery programme.

Recommendation: that the Shareholder and Joint Venture Group resolves to note the status of the Housing Group Delivery Programme.

The report is public.

The Group discussed a report setting out the status and progress of the Housing Group’s development site delivery programme. On Warren Crescent development, they noted that the proposal for a footpath diversion was awaiting a decision from the Secretary of State.

The Shareholder and Joint Venture Group agreed to note the status of the Housing Group Delivery Programme, and asked that the next update also include the originally planned completion dates and slippage against that plan.

Purpose of report: to seek approval from the SJVG for an amendment to the Rent and Lettings Policy to include a Furnished Tenancy Scheme.

Recommendation: that the Shareholder and Joint Venture Group resolves to approve an amendment to the Housing Group’s Rent and Lettings Policy to include a Furnished Tenancy Scheme.

The report and the two appendices are public.

The Group discussed a report asking for an amendment to the Rent and Lettings Policy to include a Furnished Tenancy Scheme, and the terms of the proposed scheme.

They noted that the rent for a furnished tenancy would be slightly higher than for an unfurnished tenancy, and that the housing company should offer information about the reason for the difference in cost and whether it was eligible to be covered by benefits.

The Shareholder and Joint Venture Group agreed to approve an amendment to the Housing Group’s Rent and Lettings Policy to include a Furnished Tenancy Scheme as set out in the report and its appendices.

Purpose of report: to seek approval for the proposed governance arrangements.

Recommendations:

that the Shareholder and Joint Venture Group resolves to:

1.  Approve the proposals for the recruitment of two NEDs (Non-Executive Directors) for the OCHL group of companies, the proposed job description and the proposed remuneration;

2.  Agree that two elected members as representatives of the Shareholder, the Chief Executive of the Council and an OCHL Board Director will be included in the recruitment panel;

3.  Agree that formal shareholder consent be obtained on the final selected NED applicants chosen for appointment;

4.  Agree that consideration is given to the need for and recruitment of a permanent MD as part of the outcomes of the current OCHL review.

The report and Appendix 2 are public. Appendix 1 is private as it includes matters considered to be commercially sensitive and relating to the finance or business affairs of the Council, the company, and other third-parties.

The Group discussed a report and appendices asking for approval for the proposed governance arrangements.

The Shareholder and Joint Venture Group agreed the recommendations in the report.

Present for this item only:

City Council’s representatives on the Limited Liability Partnership (LLP):

Stephen Clarke

Jane Winfield

Representatives not present: Caroline Green

Purpose of report: to provide an update into the activities of Barton Oxford LLP (BOLLP) over the quarter and progress of housing delivery at Barton Park.

Recommendation: the Shareholder and Joint Venture Group resolves to note the contents of the report and the appendix.

The report is public. The one appendix is private as it includes matters considered to be commercially sensitive and relating to the finance or business affairs of the Council, the LLP and other third-parties.

The Group considered a report and confidential appendix providing an update into the activities of Barton Oxford LLP (BOLLP) over the previous quarter and progress of housing delivery at Barton Park.

The Group noted:

• The ground-breaking ceremony celebrating the start of construction of the school would take place in early October: the building should be complete by mid-2020.
• Work to fix the pavilion’s snagging issues was nearing completions. Completion of leases would allow the Council to manage the relationships with the football clubs using the pitch and pavilion. Improvements to the pitch’s drainage had created a more usable surface which withstood recent heavy rain.
• More discussions with the community on the proposed public art projects were needed before a satisfactory scheme could be agreed.
• Providing the bus link was not under the council’s control: the operator would be chosen after a tender process by the county council.
• Plans for the next phases of the development.
• The economic factors affecting market sales and hence future completions of both market and social housing.  The joint venture and the Council had limited options for increasing the rate of delivery of social housing.

The Group asked for information in the next report

• about the ‘Healthy New Towns’ programme as it was implemented at Barton Park;
• on progress with opening and  controlling the bus link and on provision of a bus service.

The Shareholder and Joint Venture Group agreed to note the discussion, the contents of the report and the appendix.

Present for this item only:

Purpose of report: to provide the SJVG with an update on the companies’ activities.

Recommendation: that the Shareholder and Joint Venture Group resolves to note the report.

The report is private as it includes matters considered to be commercially sensitive and relating to the finance or business affairs of the Council, the companies, and other third-parties.

The Group considered and noted a report providing an update on the companies’ activities.

The Group noted:

• A third non-executive director had joined the company boards.
• Progress on ongoing contractual work (such as housing repairs) and on large-scale projects.
• The current strategy on purchasing electric vehicles where feasible as part of overall fleet management strategy.

The Group asked to review ODS’s low carbon strategy to ensure this fitted with and enhanced the Council’s overall strategy to reduce carbon use.

The Shareholder and Joint Venture Group agreed to note the report.

Present for this item only:

Gave apologies:

Purpose of report: to provide an update on the company’s activity.

Recommendation: that the Shareholder and Joint Venture Group resolves to note the report and the appendices.

The report is public. There are three appendices to this report: one which is public and two which are private as they include matters considered to be commercially sensitive and relating to the finance or business affairs of the Council, the company, and other third-parties.

Councillor Chapman left the meeting at the start of this item.

The Group considered a report and confidential appendices providing an update on the company’s activity.

They noted an update from the Director and the Development Director setting out progress towards seeking an agreement with a developer to take forward the securing of planning permission and subsequent development of the site, and the proposed basis of the development agreement.

The Shareholder and Joint Venture Group agreed to note the report and the appendices.

Recommendation: to approve the public and private minutes of the Shareholder meeting of 23 July 2019 as a true and correct record.

The Shareholder and Joint Venture Group approved the public and private minutes of the Shareholder meeting of 23 July 2019 as a true and correct record.