Please Contact: Mary Howard Please email: mary.howard@north-norfolk.gov.uk Please Direct Dial on: 01263 516047 10 April 2012 A meeting of the North Norfolk District Council will be held in the Council Chamber at the Council Offices, Holt Road, Cromer on Wednesday 18 April 2012 at 6.00 p.m. There will be an opportunity before the start of the meeting for Members to take part in prayer led by Revd Canon Dr David Court, Vicar, Cromer Parish Church with St Martin’s. Sheila Oxtoby Chief Executive To: All Members of the Council Members of the Management Team, appropriate Officers, Press and Public. If you have any special requirements in order to attend this meeting, please let us know in advance If you would like any document in large print, audio, Braille, alternative format or in a different language please contact us Chief Executive: Sheila Oxtoby Corporate Directors: Nick Baker and Steve Blatch Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005 Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org AGENDA 1. CHAIRMAN’S COMMUNICATIONS To receive the Chairman’s communications, if any. 2. TO RECEIVE DECLARATIONS OF INTERESTS FROM MEMBERS Please indicate whether the interest is a personal one only or one which is also prejudicial. The declaration of a personal interest should indicate the nature of the interest and the agenda item to which it relates. In the case of a personal interest, the member may speak and vote. If it is a prejudicial interest, the member should withdraw from the meeting whilst the matter is discussed. 3. APOLOGIES FOR ABSENCE To receive apologies for absence, if any. 4. MINUTES (attached – page 1) To confirm the minutes of the meeting of the Council held on 22 February 2012. 5. ITEMS OF URGENT BUSINESS To determine any other items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B (4)(b) of the Local Government Act 1972. 6. PUBLIC QUESTIONS To consider any questions received from members of the public. 7. APPOINTMENTS a) TO APPOINT MR S WARD TO REPLACE MR J PUNCHARD ON THE AUDIT COMMITTEE b) TO APPOINT MISS B PALMER AS A SUBSTITUTE FOR THE REVENUES AND BENEFITS PARTNERSHIP COMMITTEE 8. RECOMMENDATIONS FROM CABINET 12 MARCH 2012 Agenda Note The Recommendations at Item 9 were endorsed by the Overview and Scrutiny Committee on 28 March 2012. MINUTE 104: INTRODUCTION OF FEES FOR PRE-APPLICATION ADVICE AND ‘DO I NEED PLANNING PERMISSION?’ ENQUIRIES (See item 14, page 25) RECOMMENDATION TO FULL COUNCIL the adoption of the proposals following consultation with local agents, the development industry , the Overview and Scrutiny Committee and the consideration of the outcome thereof by the Corporate Director and Head of Planning and Building Control in consultation with the Portfolio Holder, prior to implementation with effect from 1 May 2012. MINUTE 105: NORTH NORFOLK DISTRICT COUNCIL TENANCY STRATEGY Summary: Conclusions: Recommendations: The Council is required to have a Tenancy Strategy within 12 months of the enactment of the Localism Act 2011. The Tenancy Strategy is presented for consideration and adoption. The Council is required to have a Tenancy Strategy within 12 months of the enactment of the Localism Act 2011. The Strategy encourages social landlords in North Norfolk through the use of fixed term tenancies, Affordable Rent and Transfers to: • To maintain stable and sustainable communities especially in more rural parts of the district where local community infrastructure such as schools and shops are supported by balanced populations including newly forming households and young families • To make better use of the existing social housing stock through enabling a reduction in under occupation • To ensure that specialist accommodation can be made available to households most in need. To agree the North Norfolk District Council Tenancy Strategy and recommend to Full Council for adoption. Cabinet member(s): All Ward(s) affected: All Contact Officer, telephone number, and e-mail: Karen Hill, Housing Services Manager, 01263 516183 Karen.hill@north-norfolk.gov.uk RECOMMENDATION TO FULL COUNCIL To agree the North Norfolk Tenancy Strategy 9. RECOMMENDATION FROM CABINET 16 APRIL 2012 FIRST ANNUAL ACTION PLAN (See item 13) Recommendation to follow 10. RECOMMENDATION FROM EXTRAORDINARY MEETING OF THE OVERVIEW AND SCRUTINY COMMITTEE 17 APRIL 2012 FIRST ANNUAL ACTION PLAN Recommendation to follow (See item 13) 11. ANNUAL ACTION PLAN 2012-13 (Cabinet Agenda 16 April 2012 – p.15) (Appendix A – electronic only) (Appendix B – Cabinet Agenda 16 April 2012 page17) Summary: This report presents the final Annual Action Plan 201213. Conclusions: The public consultation process engaging with town and parish councils and other local organisations has proved helpful in producing a robust Annual Action Plan 201213. Recommendations: I propose that you recommend that Full Council adopt the Annual Action Plan 2012-13. Cabinet Member(s) Ward(s) affected All All Contact Officer, telephone number and email: Helen Thomas, 01263 516214, Helen.Thomas@north-norfolk.gov.uk 12. INTRODUCTION OF FEES FOR PRE-APPLICATION ADVICE AND “DO I NEED PLANNING PERMISSION” ENQUIRIES (attached – page 25) (Appendix A – page 31) (Appendix B – page 33) Summary: Conclusions: Recommendations: This report seeks authority for the adoption of a schedule of charges covering pre-application advice and “Do I need planning permission?” enquiries That the Council adopts these proposals with effect from 1 May 2012, subject, in the case of major applications, to half of the fees paid at pre-application stage being used to offset the formal application fee. Cabinet member(s): Keith Johnson Contact Officer, telephone number, and e-mail: 13. Ward(s) affected: All Steve Oxenham, 01263 516135 Steve.oxenham@north-norfolk.gov.uk A POLICY POSITION ON SECTION 106 FINANCIAL CONTRIBUTIONS ASSOCIATED WITH RETAIL DEVELOPMENTS (attached – page 36) Summary: At the present time North Norfolk District Council does not have an agreed policy position in respect of negotiating Section 106 contributions from new retail developments in the District. The Council is aware of a number of proposals for new retail developments which might be considered acceptable subject to assessing the impact of the proposals and any mitigating measures on established town centres in the district. The Council therefore needs to agree an interim policy position in respect of such proposals as a matter of some priority. Conclusions: In order to consider the impact of new retail proposals on the vitality and viability of established town centres across the District the Council should develop a clear policy position with regard to such proposals as a matter of priority. Recommendations: Full Council is recommended to:Ask the Cabinet to explore the policy options available to the Council in seeking to secure Section 106 contributions from new retail proposals at its meeting of 14th May 2012 meeting and draft an interim policy for debate and endorsement by Full Council at its meeting of 30th May 2012. Cabinet member(s): Cllr Keith Johnson Contact Officer, telephone number, and e-mail: 14. Ward(s) affected: Wards in North Norfolk’s eight principal settlements Steve Blatch, Corporate Director Steve.blatch@north-norfolk.gov.uk Tel:- 01263 516232 CONSTITUTION WORKING PARTY ANNUAL REVIEW (attached – page 39) (appendix C – page 42, appendix D – page 45) Summary: The Constitution Working Party has identified a number of sections within the Constitution document that require amendments and updates, for which approval is sought. In addition, Members of the Working Party have identified a number of provisions that will need amendment or updating that are contingent on the outcomes of structural review, the publication of regulations and guidance or technical review by other committees or officers of the Council. Conclusions: The Constitution should be amended or updated in accordance with the recommendations of the Constitution Working Party, where those amendments or updates are not contingent on other events or information. Recommendations: It is recommended that Members: (i) approve the Constitution amendments and actions proposed in Appendix C; (ii) note the provisions within the Constitution that will be reviewed after the management restructure is completed, to be reported to the Council for approval at a later meeting (Appendix D); (iii) note those provisions within the Constitution where amendments or updates stand deferred pending publication of relevant regulations and guidance (Appendix D); (iv) note those provisions within the Constitution that are to be referred for review by the relevant committees and/ or officers before amendments or updates are considered by the Constitution Working Party (Appendix D). Cabinet member(s): Ward(s) affected: All All Contact Officer, telephone number, Tony Ing, Strategic Director – Information and e-mail: 01263 516080, tony.ing@northnorfolk.gov.uk 15. SENIOR MANAGEMENT RESTRUCTURE Report to follow. 16. TO RECEIVE THE MINUTES OF THE UNDERMENTIONED COMMITTEES (attached – page 46) To receive the approved minutes of the undermentioned committees: a) b) c) d) e) f) g) h) 17. Licensing and Appeals Committee – 14 November 2011 Audit Committee – 6 December 2011 Overview and Scrutiny Committee – 25 January 2012 Overview and Scrutiny Committee – 31 January 2012 Cabinet – 6 February 2012 Development Committee – 9 February 2012 Overview and Scrutiny Committee – 15 February 2012 Development Committee – 8 March 2012 REPORTS FROM THE CABINET OR MEMBERS OF THE CABINET To receive reports from the Cabinet or Members of the Cabinet. 18. QUESTIONS RECEIVED FROM MEMBERS To receive questions from Members. 19. OPPOSITION BUSINESS None received 20. NOTICE(S) OF MOTION None received 21. SEALED DOCUMENTS Recommendation: (attached – page 113) That the list of sealed documents is received by Members. Contact: Tony Ing 01263 516080 Email: tony.ing@north-norfolk.gov.uk 22. EXCLUSION OF PRESS AND PUBLIC To pass the following resolution – if necessary: “That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item(s) of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph(s) _ of Part 1 of Schedule 12A (as amended) to the Act.” NOT FOR PUBLICATION – BY VIRTUE OF PARAGRAPH 4 OF PART 1 OF SCHEDULE 12A (AS AMENDED) OF THE LOCAL GOVERNMENT ACT 1972 23. PAY AND GRADING (attached – page 114) (Appendix E – page 121, appendix F – page 130, appendix G – page 131, appendix H – page 132, appendix I – page 133, appendix J – page 135) (Source: Julie Cooke, Organisational Development Manager, Ext.6040, julie.cooke@north-norfolk.gov.uk) Agenda Item 4 FULL COUNCIL Minutes of a meeting of North Norfolk District Council held on 22 February 2012 at the Council Offices, Holt Road, Cromer at 6.00 pm. Members Present: Mrs S A Arnold Mr M Baker Mrs L Brettle Mr B Cabbell Manners Mrs A ClaussenReynolds Mr N D Dixon Mrs H Eales Mrs A M Fitch-Tillett Mr T FitzPatrick Ms V Gay Mrs A Green Mrs P Grove-Jones Mr B Hannah Mr P W High Officers in Attendance: Also in Attendance: 107. Mr T Ivory Mr K E Johnson Mr G R Jones Mr J H A Lee Mr N Lloyd Mrs B A McGoun Mrs A Moore Mr P W Moore Mr W J Northam Miss B Palmer Mr S Partridge Mr R Price Mr R Reynolds Mr J D Savory Mr E Seward Mr R Shepherd Mr B Smith Mr N Smith Mr R Smith Mr R Stevens Mr P Terrington Mrs V Uprichard Mrs L Walker Mr S Ward Mr G Williams Mr R Wright Mr J A Wyatt Mr D Young The Chief Executive, the Corporate Directors, the Monitoring Officer, the Organisational Development Manager, the Acting Financial Services Manager, the Democratic Services Team Leader (MMH) and the Democratic Services Officer The press and members of the public. CHAIRMAN’S COMMUNICATIONS Mr J Perry-Warnes was home from hospital and making a good recovery. 108. TO RECEIVE DECLARATION OF INTERESTS FROM MEMBERS Member(s) Minute No. Item Interest Mr B J Hannah 115, 120(d) Appointment of Members to the Big Society Board Personal and nonprejudicial –is a Member of Norfolk County Council and on the Board of the Upcher Partnership Recommendations from Cabinet 6 February 2012, Item 11 Full Council 1 22 February 2012 Member(s) Minute No. Item Interest Mr G R Jones 115, 120(d) Appointment of Members to the Big Society Board Personal and nonprejudicial –is a Member of Norfolk County Council and on the Board of the Griffon Partnership Recommendations from Cabinet 6 February 2012, Item 11 109. APOLOGIES FOR ABSENCE Apologies for absence were received from Mr B Jarvis, Mr R Oliver, Mr J H Perry-Warnes, Mr J Punchard, Mrs A C Sweeney and Mrs H Thompson. 110. MINUTES The Minutes of the meeting of Full Council held on 14 December 2011 and the extraordinary meeting of the Council held on 11 January 2012 were approved as correct records, after the following drafting amendment: 11 January 2012, Minute 105, Items of Urgent Business: The first item should read: “Ms V R Gay to replace Mr P W High as a substitute on the Overview and Scrutiny Committee and Mr P W High to replace Ms V R Gay on the Planning Policy and Built Heritage Working Party This matter was urgent because if the changes weren't formalised until the next scheduled meeting of Full Council on 22 February 2012 it would potentially prevent Ms Gay from substituting at 3 meetings of the Overview and Scrutiny Committee (25 January, 31 January and 15 February 2012) and Mr High from being a Member of the Planning Policy and Built Heritage Working Party on 20 February 2012. RESOLVED 1. That Ms V R Gay replaces Mr P W High as a substitute on the Overview and Scrutiny Committee. 2. That Mr P W High replaces Ms V R Gay on the Planning Policy and Built Heritage Working Party.” 111. ITEMS OF URGENT BUSINESS None received. 112. PUBLIC QUESTIONS Questions had been received from Mrs G Lisher, Mr S Eastwood and Mr N Lee. The questions concerned car park charges. Mr Lee also presented a petition with 1327 signatures on behalf of North Walsham Chamber of Trade. The Chairman advised that, although the questions would be taken, there would be no right of reply as the subject was not on the agenda. However the views of the speakers would be noted and taken into account. Full Council 2 22 February 2012 113. APPOINTMENTS a) MRS V UPRICHARD TO REPLACE MR S PARTRIDGE ON THE DEVELOPMENT COMMITTEE RESOLVED To appoint Mrs V Uprichard to replace Mr S Partridge on the Development Committee. b) APPOINTMENT OF MR N SMITH TO REPLACE MR R WRIGHT ON THE OVERVIEW AND SCRUTINY COMMITTEE RESOLVED To appoint Mr N Smith to replace Mr R Wright on the Overview and Scrutiny Committee. c) TO APPOINT MRS A CLAUSSEN-REYNOLDS TO REPLACE MR R OLIVER ON THE AUDIT COMMITTEE RESOLVED To appoint Mrs A Claussen-Reynolds to replace Mr R Oliver on the Audit Committee. d) TO APPROVE THE APPOINTMENT OF MRS H EALES TO THE SHADOW HEALTH AND WELL BEING BOARD RESOLVED To approve the appointment of Mrs H Eales to the Shadow Health and Well Being Board. e) APPOINTMENT OF MR K E JOHNSON TO THE PATROL ADJUDICATION AND BUS LANE ADJUDICATION JOINT COMMITTEE RESOLVED To appoint Mr K E Johnson to the PATROL Adjudication and Bus Lane Adjudication Committee. f) TO APPOINT MR N SMITH TO A VACANCY ON THE BROADS INTERNAL DRAINAGE BOARD RESOLVED To appoint Mr N Smith to a vacancy on the Broads Internal Drainage Board. 114. PARTNERSHIP COMMITTEE – REVENUES AND BENEFITS SHARED SERVICES – APPOINTMENT OF MEMBERS AND APPROVAL OF TERMS OF REFERENCE RESOLVED to 1. Appoint Mrs H Eales, Mr W J Northam, Mr E Seward and Mrs A Moore (substitute) to the Partnership Committee – Revenues and Benefits Shared Services and to appoint a Conservative Group substitute at the meeting of Full Council on 18 April 2012. 2. Approve the Terms of Reference. Full Council 3 22 February 2012 115. APPOINTMENT OF MEMBERS TO THE BIG SOCIETY BOARD RESOLVED to appoint Mrs H Eales, Mr P W High, Mr T Ivory, Mr B Jarvis and Mr J A Wyatt to the Big Society Board. 116. COMMUNITY COVENANT The Leader was due to sign the Norfolk Armed Forces Community Covenant at a ceremony at County Hall on 7 March 2012. The Cabinet was looking at ways of taking forward some of the areas identified in the Community Covenant action plan. RESOLVED to endorse the Leader’s signing of the Covenant on behalf of North Norfolk District Council. 117. CONSTITUTION ANNUAL REVIEW In accordance with paragraph 14.1 in chapter 1 of the Constitution, the Council needed to undertake a review at least annually. The review was best undertaken by the Constitution Working Party. RESOLVED that 1. The Constitution Working Party should undertake the annual review of the content and operation of the Constitution and that recommendations arising from the review are scheduled to be reported to Full Council on 18 April 2012. 2. The following Members be appointed: Mrs A M Fitch-Tillett, Ms V R Gay, Mr K E Johnson, Mrs A Moore and Mrs H Thompson. 118. REPORT OF THE INDEPENDENT REMUNERATION PANEL The Independent Member Remuneration Panel (IRP) was appointed for a 4 year term with effect from 14 December 2011 and consisted of 3 members: Paddy Seligman, John Wollocombe and Richard Draper. The Chair of the Panel was selected by its members at the start of the meeting where it was agreed that John Wollocombe would be the Chairman. The IRP met on 13 January 2012 to consider the available evidence before making the recommendations being put to the Council and was assisted by the Chief Executive, Corporate Director – Information, and the Democratic Services Team Leader. The Council was required to observe as part of the legislation, the following; ‘before an authority makes or amends a scheme, it shall have regard to the recommendations made in relation to it by an independent remuneration panel’. The findings and recommendations of the Panel were detailed in the report. RESOLVED 1. To adopt a scheme of allowances and amend the Constitution accordingly. 2. That: a) the Basic Allowance should remain at £4,054.88 pa; b) the Scheme should remain index linked to officers’ pay awards; c) the broadband allowance should remain at £180 pa subject to Members agreeing a reduction to reflect the change in market prices since 2008; Full Council 4 22 February 2012 REPORT OF THE INDEPENDENT REMUNERATION PANEL (Continued) d) the Special Responsibility Allowance (SRA) for the Leader of the Council should remain calculated by way of a multiplier of x3 the basic allowance; e) the SRA for Cabinet Members with Portfolio should remain calculated by way of a multiplier of x2.33 the basic allowance; f) the SRA for Regulatory Committees of the Council should remain calculated by way of a multiplier of x1.67 the basic allowance; g) until the relevant provisions of the Localism Act 2011 come into force, the SRA in respect of the Standards Committee be paid to the non-elected Chairman of that committee less the basic allowance; h) the SRA for the Chairman of the Council should remain calculated by way of a multiplier of x1.33 the basic allowance; i) the SRA for the Leader of the main opposition group should remain calculated by way of a multiplier of x1.33 the basic allowance; j) payment of £50 per session (0.5 of a day) should continue to be made to co-opted members of the Standards Committee; k) the carers’ allowance should be set at the national minimum wage for Child Dependants and the national minimum wage plus £3 for Non-Child Dependants, with discretion being delegated to the Chief Executive to increase this amount when individual circumstances justified a higher payment; l) the payment of a carers’ allowance should be confirmed as being extended to attendance at outside bodies and that this should be explicitly stated within the Constitution; m) the existing travelling and subsistence expenses scheme should be maintained, and it should be subject to amendment in accordance with prevailing national agreements; n) the changes proposed by the Panel are not backdated, but should take effect from the beginning of the municipal year, in May 2012; o) Members’ Allowances should remain ineligible for admission to the Norfolk Local Government Scheme; p) the existing arrangements for temporarily stopping the payment of allowances to a Member while suspended from their role are maintained until the relevant provisions of the Localism Act 2011 come into force removing the power to suspend a Member from their role. 119. BUDGET AND COUNCIL TAX SETTING 2012/2013 The report was introduced by the Portfolio Holder, Mr W J Northam. His speech is attached at Minutes Appendix A. The Portfolio Holder added a recommendation, not contained in the report, to allow for a £42,000 virement to be made from within the capital budget from the BPR EDM (Business Process Re-engineering – Electronic Data Management) budget to the Sheringham East promenade public conveniences budget to allow for this scheme to be completed. The Leader seconded the recommendations. She told Council that the Cabinet had established their priorities including regeneration plans for North Walsham, establishing a Big Society Fund, investing in the Pier and tackling issues such as long-term empty properties. Localism was at the heart of the Cabinet’s aims. Full Council 5 22 February 2012 BUDGET AND COUNCIL TAX SETTING 2012/2013 (Continued) The Car Park Charges, which had been the subject of public questions at the beginning of the meeting, had been to Cabinet on 28 November 2011, Overview and Scrutiny on 13 December 2011 and agreed by Full Council on 14 December 2011. A statutory parking order had been published. Any objections would be considered by officers and Cabinet when the statutory period had ended. Cabinet would also be holding further discussion regarding the free car parks. The Leader of the Opposition, Ms V R Gay, said that her Group did not support the proposed budget and would be voting against it, considering the increase in car parking charges to be unnecessary and potentially detrimental to business and tourism. There was no provision in the budget for pay increases for staff, for youth projects or for green business. Mr R Smith also expressed concern that the budget didn’t include any help for young people, especially since Norfolk County Council had severely cut their provision for youth. Mr P W Moore supported Ms Gay. He said that he was pleased that Cabinet would be having further discussion regarding the free car parks and expressed concern that their abolition would mean that workers would use prime town centre car parks and that there would be nowhere for shoppers to park. Mr G R Jones also expressed concern about the impact increased charges could have on residents. Mr M J M Baker said that he was happy that there was no increase in the Council Tax but expressed concern about the effects on business and tourism. Responding to a question from Mr Baker the Leader undertook to ascertain the current amount of Council Tax arrears and the plans for recovery and to report back to him. The Chair of Overview and Scrutiny, Mr E Seward, told the meeting that not all the recommendations before them had been fully supported by the Overview and Scrutiny Committee. The investment in North Walsham was welcomed but the petition presented by the Chamber of Trade at the beginning of the meeting asking for reconsideration of the car park charges should be taken into account. He welcomed the news that the matter of the free car parks was to be re-discussed. As a local Member, Mr Seward had received representation from the Principal of Paston College who, together with some of the students, would welcome the opportunity to engage with the Council. In response to a question from Mr G R Jones the Acting Financial Services Manager explained that there had been no increase in income from the district element of the Collection Fund assumed for the next 3 years as a result of any increases in the level of new homes. This was however a prudent approach as an increase in new homes would not necessarily result in increased income from the Collection Fund due to various issues such as the transfer of properties from council tax to business rates and the various discount schemes. RESOLVED That having considered the Chief Financial Officer’s report on the robustness of the estimates and the adequacy of the proposed financial reserves, the following be approved: a) The General Fund Revenue Budget for 2012/13; b) to allow for a £42,000 virement to be made from within the capital budget from the BPR EDM (Business Process Re-engineering – Electronic Data Management) budget to the Sheringham East promenade public conveniences budget to allow for this scheme to be completed. c) The Policy Framework for the Earmarked Reserves and the Optimum Level of the General Reserve 2012/13 to 2015/16 (Appendix D); Full Council 6 22 February 2012 BUDGET AND COUNCIL TAX SETTING 2012/2013 (Continued) d) The level of the General Reserve maintained at a minimum of £950,000; e) The General and Earmarked Reserves are employed as shown in the Reserves Statement (Appendix C); f) It was NOTED; that at its meeting on 14 December 2011, Full Council calculated the following Council Tax bases for the year 2012/13 in accordance with regulations made under Section 33(5) of the Local Government Finance Act 1992: a) 41,366 being calculated by the Council, in accordance with Regulation 3 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992, as its Council Tax base for the year; It was further RESOLVED; That members undertake the council tax and statutory calculations set out at section 4, and set the Council Tax for 2012/13: b) PART OF THE COUNCIL PART OF THE COUNCIL COUNCIL'S AREA TAX BASE COUNCIL’S AREA TAX BASE Alby with Thwaite 101.59 Little Barningham 41.70 Aldborough 239.73 Little Snoring 229.47 Antingham 129.06 Ludham 530.95 Ashmanhaugh 70.55 Matlaske 64.05 Aylmerton 197.53 Melton Constable 199.08 Baconsthorpe 90.67 Morston 58.30 Bacton 516.06 Mundesley 1198.52 Barsham 105.49 Neatishead 244.88 Barton Turf 241.32 North Walsham 4270.63 Beckham East/West 122.08 Northrepps 333.34 Beeston Regis 416.00 Overstrand 459.84 Binham 180.36 Paston 88.85 Blakeney 540.22 Plumstead 53.21 Bodham 176.83 Potter Heigham 435.03 Briningham 65.81 Pudding Norton 83.31 Brinton 122.56 Raynham 134.66 Briston 889.03 Roughton 352.39 Brumstead 26.10 Runton 760.81 Catfield 354.27 Ryburgh 243.12 Cley 319.93 Salthouse 123.39 Colby 195.18 Scottow 303.76 Corpusty and Saxthorpe 277.85 Sculthorpe 293.21 Cromer 3127.55 Sea Palling 224.92 Dilham 143.47 Sheringham 3252.42 Dunton 51.95 Sidestrand 49.36 East Ruston 189.82 Skeyton 88.55 Edgefield 185.87 Sloley 91.96 Erpingham 250.61 Smallburgh 193.75 Fakenham 2674.71 Southrepps 324.74 Felbrigg 79.03 Stalham 1142.23 Full Council 7 22 February 2012 PART OF THE COUNCIL'S AREA Felmingham Field Dalling Fulmodestone Gimingham Great Snoring Gresham Gunthorpe Hanworth Happisburgh Helhoughton Hempstead Hempton Hickling High Kelling Hindolveston Hindringham Holkham Holt Honing Horning Horsey Hoveton Ingham Ingworth Itteringham Kelling Kettlestone Knapton Langham Lessingham Letheringsett with Glandford COUNCIL TAX BASE PART OF THE COUNCIL’S AREA 196.07 Stibbard 136.83 Stiffkey 180.52 Stody 163.84 Suffield 84.11 Sustead 171.85 Sutton 139.40 Swafield 97.67 Swanton Abbott 314.97 Swanton Novers 135.17 Tattersett 78.41 Thornage 192.34 Thorpe Market 425.79 Thurning 287.57 Thursford 207.97 Trimingham 236.45 Trunch 94.49 Tunstead 1697.13 Upper Sheringham 126.48 Walcott 618.98 Walsingham 39.15 Warham 808.98 Wells-next-the-Sea 151.75 Westwick 44.83 Weybourne 62.93 Wickmere 91.26 Wighton 93.58 Witton 156.49 Wiveton 196.76 Wood Norton 246.91 Worstead COUNCIL TAX BASE 138.94 128.17 94.47 58.20 91.93 413.02 116.89 151.76 87.74 287.66 96.37 113.42 30.21 108.66 151.60 371.43 274.09 95.81 243.46 379.52 82.46 1107.11 31.81 332.96 61.56 111.39 132.23 88.59 101.01 329.24 123.95 being the amounts calculated by the Council, in accordance with Regulation 6 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992, as the amounts of its Council Tax base for the year for dwellings in those parts of its area to which special items may relate (parish precepts). 4.6 That the following amounts be now CALCULATED by the Council for the year 2012/13 in accordance with Sections 31A to 36 of the Local Government Finance Act 1992 and the relevant regulations and directions as follows:a) b) Full Council £63,840,201 being the aggregate of the amounts which the Council estimates for the expenditure items set out in Section 31A(2) (a) to (f) of the Act. £56,556,771 being the aggregate of the amounts which the Council estimates for the income items set out in Section 31A(3) (a) to (d) of the Act. This includes the amount the Council estimates will be transferred in the year from its collection fund to its general fund in accordance with Section 97 (3) of the Local Government Finance Act 1988 (council tax surplus of £44,675). 8 22 February 2012 c) d) e) f) £7,283,430 being the amount by which the aggregate at (a) above exceeds the aggregate at (b) above, calculated by the Council, in accordance with Section 31A(4) of the Act, to be its council tax requirement for the year. £176.0729 being the amount at (c) above divided by the amount at 4.5(a) above, calculated by the Council, in accordance with Section 31B(1) of the Act, as the basic amount of its Council Tax for the year. £1,538,934 being the aggregate amount of all special items referred to in Section 34(1) of the Act. £138.8700 being the amount at (d) above less the result given by dividing the amount at (e) above by the amount at 4.5 (a) above, calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item relates. g) PART OF THE COUNCIL'S AREA Alby with Thwaite Aldborough Antingham Ashmanhaugh Aylmerton Baconsthorpe Bacton Barsham Barton Turf Beckham East/West Beeston Regis Binham Blakeney Bodham Brinton Briston Catfield Cley Colby Corpusty and Saxthorpe Cromer Dilham East Ruston Edgefield Erpingham Fakenham Felbrigg Felmingham Field Dalling Fulmodestone Gimingham Great Snoring Gresham Full Council BASIC AMOUNT £ PART OF THE COUNCIL’S AREA 162.4943 159.7267 156.3037 179.9755 171.6498 155.4135 167.9363 156.8811 157.5174 158.5292 170.1200 163.8200 181.4452 174.2146 157.2283 170.6180 165.6857 160.7497 215.7221 172.5572 198.2995 168.7299 154.6744 168.4605 164.8067 191.3654 164.1768 146.5203 160.7950 161.0282 167.8616 180.4821 165.0556 9 Little Barningham Little Snoring Ludham Matlaske Melton Constable Morston Mundesley Neatishead North Walsham Northrepps Overstrand Paston Plumstead Potter Heigham Pudding Norton Raynham Roughton Runton Ryburgh Salthouse Scottow Sculthorpe Sea Palling Sheringham Sidestrand Skeyton Sloley Smallburgh Southrepps Stalham Stibbard Stiffkey Stody BASIC AMOUNT £ 148.4623 167.1961 155.4534 143.5538 189.1010 156.0226 180.6323 162.6244 174.5204 182.2311 171.8597 188.3916 169.8792 166.2244 160.4760 180.4562 167.2476 149.3851 171.7755 165.2092 161.9145 155.9226 185.1620 187.7161 163.1811 151.2923 166.8713 170.8700 174.1289 182.6440 176.2962 177.8806 164.2748 22 February 2012 PART OF THE COUNCIL'S AREA BASIC AMOUNT £ Gunthorpe Hanworth Happisburgh Helhoughton Hempstead Hempton Hickling High Kelling Hindolveston Hindringham Holkham Holt Honing Horning Horsey Hoveton Ingham Ingworth Itteringham Kelling Kettlestone Knapton Langham Lessingham Letheringsett with Glandford PART OF THE COUNCIL’S AREA 151.7824 159.3471 161.6499 168.4623 159.9132 171.1045 158.5416 168.4280 167.2394 162.1307 165.3278 184.9525 154.6827 162.2956 158.0270 191.4003 147.4367 187.7212 168.2677 171.7431 174.1339 166.0282 169.9738 153.0452 155.0055 BASIC AMOUNT £ Suffield Sustead Sutton Swafield Swanton Abbott Swanton Novers Tattersett Thornage Thorpe Market Thursford Trimingham Trunch Tunstead Upper Sheringham Walcott Walsingham Warham Wells-next-the-Sea Weybourne Wickmere Wighton Witton Wiveton Wood Norton Worstead 164.6431 155.1867 155.4309 167.9571 169.1810 170.2126 149.2989 154.4350 174.1371 166.4790 180.6905 182.6198 162.9496 191.0983 171.7296 181.0285 199.5054 200.2911 186.9238 195.7251 170.2911 146.4325 189.1014 160.2342 166.2056 being the amounts given by adding to the amount at 4.6(f) above to the amounts of the special item or items relating to dwellings in those parts of the Council’s area mentioned above divided in each case by the amount at 4.5(b) above, calculated by the Council, in accordance with Section 34(3) of the Act, as the basic amounts of its Council Tax for the year for dwellings in those parts of its area to which one or more special items relate. h) PART OF THE COUNCIL’S AREA VALUATION BANDS A £ Alby with Thwaite Aldborough Antingham Ashmanhaugh Aylmerton Baconsthorpe Bacton Barsham Barton Turf Beckham East/West Beeston Regis Full Council 108.32 106.48 104.20 119.98 114.43 103.60 111.95 104.58 105.01 105.68 113.41 B £ 126.38 124.23 121.56 139.98 133.50 120.87 130.61 122.01 122.51 123.30 132.31 C £ D £ 144.43 141.97 138.93 159.97 152.57 138.14 149.27 139.44 140.01 140.91 151.21 10 162.49 159.72 156.30 179.97 171.64 155.41 167.93 156.88 157.51 158.52 170.12 E £ 198.60 195.22 191.03 219.97 209.79 189.94 205.25 191.74 192.52 193.75 207.92 F £ 234.71 230.71 225.77 259.96 247.93 224.48 242.57 226.60 227.52 228.98 245.72 G £ 270.82 266.21 260.50 299.95 286.08 259.02 279.89 261.46 262.52 264.21 283.53 H £ 324.98 319.45 312.60 359.95 343.29 310.82 335.87 313.76 315.03 317.05 340.24 22 February 2012 PART OF THE COUNCIL’S AREA VALUATION BANDS A £ Binham Blakeney Bodham Brinton Briston Catfield Cley Colby Corpusty and Saxthorpe Cromer Dilham East Ruston Edgefield Erpingham Fakenham Felbrigg Felmingham Field Dalling Fulmodestone Gimingham Great Snoring Gresham Gunthorpe Hanworth Happisburgh Helhoughton Hempstead Hempton Hickling High Kelling Hindolveston Hindringham Holkham Holt Honing Horning Horsey Hoveton Ingham Ingworth Itteringham Kelling Kettlestone Knapton Langham Lessingham Letheringsett with Full Council B £ C £ D £ E £ F £ G £ H £ 109.21 120.96 116.14 104.81 113.74 110.45 107.16 143.81 127.41 141.12 135.50 122.28 132.70 128.86 125.02 167.78 145.61 161.28 154.85 139.75 151.66 147.27 142.88 191.75 163.82 181.44 174.21 157.22 170.61 165.68 160.74 215.72 200.22 221.76 212.92 192.16 208.53 202.50 196.47 263.66 236.62 262.08 251.64 227.10 246.44 239.32 232.19 311.59 273.03 302.40 290.35 262.04 284.36 276.14 267.91 359.53 327.64 362.89 348.42 314.45 341.23 331.37 321.49 431.44 115.03 132.19 112.48 103.11 112.30 109.87 127.57 109.45 97.68 107.19 107.35 111.90 120.32 110.03 101.18 106.23 107.76 112.30 106.60 114.06 105.69 112.28 111.49 108.08 110.21 123.30 103.12 108.19 105.35 127.60 98.29 125.14 112.17 114.49 116.08 110.68 113.31 102.03 103.33 134.21 154.23 131.23 120.30 131.02 128.18 148.83 127.69 113.96 125.06 125.24 130.55 140.37 128.37 118.05 123.93 125.72 131.02 124.37 133.08 123.31 130.99 130.07 126.10 128.58 143.85 120.30 126.22 122.90 148.86 114.67 146.00 130.87 133.57 135.43 129.13 132.20 119.03 120.55 153.38 176.26 149.98 137.48 149.74 146.49 170.10 145.93 130.24 142.92 143.13 149.21 160.42 146.71 134.91 141.64 143.68 149.74 142.14 152.09 140.92 149.71 148.65 144.11 146.95 164.40 137.49 144.26 140.46 170.13 131.05 166.86 149.57 152.66 154.78 147.58 151.08 136.04 137.78 172.55 198.29 168.72 154.67 168.46 164.80 191.36 164.17 146.52 160.79 161.02 167.86 180.48 165.05 151.78 159.34 161.64 168.46 159.91 171.10 158.54 168.42 167.23 162.13 165.32 184.95 154.68 162.29 158.02 191.40 147.43 187.72 168.26 171.74 174.13 166.02 169.97 153.04 155.00 210.90 242.36 206.22 189.04 205.89 201.43 233.89 200.66 179.08 196.52 196.81 205.16 220.58 201.73 185.51 194.75 197.57 205.89 195.44 209.12 193.77 205.85 204.40 198.15 202.06 226.05 189.05 198.36 193.14 233.93 180.20 229.43 205.66 209.90 212.83 202.92 207.74 187.05 189.45 249.24 286.43 243.72 223.41 243.33 238.05 276.41 237.14 211.64 232.25 232.59 242.46 260.69 238.41 219.24 230.16 233.49 243.33 230.98 247.15 229.00 243.28 241.56 234.18 238.80 267.15 223.43 234.42 228.26 276.46 212.96 271.15 243.05 248.07 251.52 239.81 245.51 221.06 223.89 287.59 330.49 281.21 257.79 280.76 274.67 318.94 273.62 244.20 267.99 268.38 279.76 300.80 275.09 252.97 265.57 269.41 280.77 266.52 285.17 264.23 280.71 278.73 270.21 275.54 308.25 257.80 270.49 263.37 319.00 245.72 312.86 280.44 286.23 290.22 276.71 283.28 255.07 258.34 345.11 396.59 337.45 309.34 336.92 329.61 382.73 328.35 293.04 321.59 322.05 335.72 360.96 330.11 303.56 318.69 323.29 336.92 319.82 342.20 317.08 336.85 334.47 324.26 330.65 369.90 309.36 324.59 316.05 382.80 294.87 375.44 336.53 343.48 348.26 332.05 339.94 306.09 310.01 11 22 February 2012 PART OF THE COUNCIL’S AREA VALUATION BANDS A £ Glandford Little Barningham Little Snoring Ludham Matlaske Melton Constable Morston Mundesley Neatishead North Walsham Northrepps Overstrand Paston Plumstead Potter Heigham Pudding Norton Raynham Roughton Runton Ryburgh Salthouse Scottow Sculthorpe Sea Palling Sheringham Sidestrand Skeyton Sloley Smallburgh Southrepps Stalham Stibbard Stiffkey Stody Suffield Sustead Sutton Swafield Swanton Abbott Swanton Novers Tattersett Thornage Thorpe Market Thursford Trimingham Trunch Tunstead Upper Sheringham Full Council 98.97 111.46 103.63 95.70 126.06 104.01 120.42 108.41 116.34 121.48 114.57 125.59 113.25 110.81 106.98 120.30 111.49 99.59 114.51 110.13 107.94 103.94 123.44 125.14 108.78 100.86 111.24 113.91 116.08 121.76 117.53 118.58 109.51 109.76 103.45 103.62 111.97 112.78 113.47 99.53 102.95 116.09 110.98 120.46 121.74 108.63 127.39 B £ 115.47 130.04 120.90 111.65 147.07 121.35 140.49 126.48 135.73 141.73 133.66 146.52 132.12 129.28 124.81 140.35 130.08 116.18 133.60 128.49 125.93 121.27 144.01 146.00 126.91 117.67 129.78 132.89 135.43 142.05 137.11 138.35 127.76 128.05 120.70 120.89 130.63 131.58 132.38 116.12 120.11 135.43 129.48 140.53 142.03 126.73 148.63 C £ D £ 131.96 148.61 138.18 127.60 168.08 138.68 160.56 144.55 155.12 161.98 152.76 167.45 151.00 147.75 142.64 160.40 148.66 132.78 152.68 146.85 143.92 138.59 164.58 166.85 145.04 134.48 148.33 151.88 154.78 162.35 156.70 158.11 146.02 146.34 137.94 138.16 149.29 150.38 151.30 132.71 137.27 154.78 147.98 160.61 162.32 144.84 169.86 12 148.46 167.19 155.45 143.55 189.10 156.02 180.63 162.62 174.52 182.23 171.85 188.39 169.87 166.22 160.47 180.45 167.24 149.38 171.77 165.20 161.91 155.92 185.16 187.71 163.18 151.29 166.87 170.87 174.12 182.64 176.29 177.88 164.27 164.64 155.18 155.43 167.95 169.18 170.21 149.29 154.43 174.13 166.47 180.69 182.61 162.94 191.09 E £ 181.45 204.35 189.99 175.45 231.12 190.69 220.77 198.76 213.30 222.72 210.05 230.25 207.63 203.16 196.13 220.55 204.41 182.58 209.94 201.92 197.89 190.57 226.30 229.43 199.44 184.91 203.95 208.84 212.82 223.23 215.47 217.40 200.78 201.23 189.67 189.97 205.28 206.77 208.03 182.47 188.75 212.83 203.47 220.84 223.20 199.16 233.56 F £ 214.44 241.50 224.54 207.35 273.14 225.36 260.91 234.90 252.08 263.22 248.24 272.12 245.38 240.10 231.79 260.65 241.57 215.77 248.12 238.63 233.87 225.22 267.45 271.14 235.70 218.53 241.03 246.81 251.51 263.81 254.65 256.93 237.28 237.81 224.15 224.51 242.60 244.37 245.86 215.65 223.07 251.53 240.46 260.99 263.78 235.37 276.03 G £ 247.43 278.66 259.08 239.25 315.16 260.03 301.05 271.04 290.86 303.71 286.43 313.98 283.13 277.04 267.46 300.76 278.74 248.97 286.29 275.34 269.85 259.87 308.60 312.86 271.96 252.15 278.11 284.78 290.21 304.40 293.82 296.46 273.79 274.40 258.64 259.05 279.92 281.96 283.68 248.83 257.39 290.22 277.46 301.15 304.36 271.58 318.49 H £ 296.92 334.39 310.90 287.10 378.20 312.04 361.26 325.24 349.04 364.46 343.71 376.78 339.75 332.44 320.95 360.91 334.49 298.77 343.55 330.41 323.82 311.84 370.32 375.43 326.36 302.58 333.74 341.74 348.25 365.28 352.59 355.76 328.54 329.28 310.37 310.86 335.91 338.36 340.42 298.59 308.87 348.27 332.95 361.38 365.23 325.89 382.19 22 February 2012 PART OF THE COUNCIL’S AREA VALUATION BANDS A £ Walcott Walsingham Warham Wells-next-the-Sea Weybourne Wickmere Wighton Witton Wiveton Wood Norton Worstead B £ 114.48 120.68 133.00 133.52 124.61 130.48 113.52 97.62 126.06 106.82 110.80 All Other Parts of the Council’s Area C £ 133.56 140.79 155.17 155.78 145.38 152.23 132.44 113.89 147.07 124.62 129.27 D £ 152.64 160.91 177.33 178.03 166.15 173.97 151.36 130.16 168.09 142.43 147.73 171.72 181.02 199.50 200.29 186.92 195.72 170.29 146.43 189.10 160.23 166.20 E £ 209.89 221.25 243.83 244.80 228.46 239.21 208.13 178.97 231.12 195.84 203.14 F £ G £ 248.05 261.48 288.17 289.30 270.00 282.71 245.97 211.51 273.14 231.44 240.07 H £ 286.21 301.71 332.50 333.81 311.53 326.20 283.81 244.05 315.16 267.05 277.00 343.45 362.05 399.01 400.58 373.84 391.45 340.58 292.86 378.20 320.46 332.41 92.58 108.01 123.44 138.87 169.73 200.59 231.45 277.74 being the amounts given by multiplying (as appropriate) the amounts at 4.6(f) or 4.6(g) above by the number which, in the proportion set out in Section 5(1) of the Act, is applicable to dwellings listed in a particular valuation band divided by the number which in that proportion is applicable to dwellings listed in valuation Band D, calculated by the Council, in accordance with Section 36(1) of the Act, as the amounts to be taken into account for the year in respect of categories of dwellings listed in different valuation bands. 4.7 That it be NOTED that for the year 2012/13 the Norfolk County Council and Norfolk Police Authority have stated the following amounts in precepts issued to the Council, in accordance with Section 40 of the Local Government Finance Act 1992, for each of the categories of dwellings shown below:- VALUATION BANDS Norfolk County Council Norfolk Police Authority 4.8 A £ B £ C £ D £ E £ F £ G £ H £ 763.38 131.28 890.61 153.16 1,017.84 175.04 1,145.07 196.92 1,399.53 240.68 1,653.99 284.44 1,908.45 328.20 2,290.14 393.84 That, having calculated the aggregate in each case of the amounts at 4.6(h) and 4.7 above, the Council, in accordance with Section 30(2) of the Local Government Finance Act 1992, HEREBY SETS the following amounts as the amounts of Council Tax for the year 2012/13 for each of the categories of dwellings shown below:- PART OF THE COUNCIL’S AREA VALUATION BANDS A £ Alby with Thwaite Aldborough Antingham Full Council B £ C £ D £ E £ F £ G £ H £ 1,002.98 1,170.15 1,337.31 1,504.48 1,838.81 2,173.14 2,507.47 3,008.96 1,001.14 1,168.00 1,334.85 1,501.71 1,835.43 2,169.14 2,502.86 3,003.43 998.86 1,165.33 1,331.81 1,498.29 1,831.24 2,164.20 2,497.15 2,996.58 13 22 February 2012 PART OF THE COUNCIL’S AREA Ashmanhaugh Aylmerton Baconsthorpe Bacton Barsham Barton Turf Beckham East/West Beeston Regis Binham Blakeney Bodham Brinton Briston Catfield Cley Colby Corpusty and Saxthorpe Cromer Dilham East Ruston Edgefield Erpingham Fakenham Felbrigg Felmingham Field Dalling Fulmodestone Gimingham Great Snoring Gresham Gunthorpe Hanworth Happisburgh Helhoughton Hempstead Hempton Hickling High Kelling Hindolveston Hindringham Holkham Holt Honing Horning Horsey Hoveton Ingham Full Council VALUATION BANDS A £ B £ C £ 1,014.64 1,009.09 998.26 1,006.61 999.24 999.67 1,183.75 1,177.27 1,164.64 1,174.38 1,165.78 1,166.28 1,352.85 1,345.45 1,331.02 1,342.15 1,332.32 1,332.89 1,000.34 1,008.07 1,003.87 1,015.62 1,010.80 999.47 1,008.40 1,005.11 1,001.82 1,038.47 1,167.07 1,176.08 1,171.18 1,184.89 1,179.27 1,166.05 1,176.47 1,172.63 1,168.79 1,211.55 1,009.69 1,026.85 1,007.14 997.77 1,006.96 1,004.53 1,022.23 1,004.11 992.34 1,001.85 1,002.01 1,006.56 1,014.98 1,004.69 995.84 1,000.89 1,002.42 1,006.96 1,001.26 1,008.72 1,000.35 1,006.94 1,006.15 1,002.74 1,004.87 1,017.96 997.78 1,002.85 1,000.01 1,022.26 992.95 1,177.98 1,198.00 1,175.00 1,164.07 1,174.79 1,171.95 1,192.60 1,171.46 1,157.73 1,168.83 1,169.01 1,174.32 1,184.14 1,172.14 1,161.82 1,167.70 1,169.49 1,174.79 1,168.14 1,176.85 1,167.08 1,174.76 1,173.84 1,169.87 1,172.35 1,187.62 1,164.07 1,169.99 1,166.67 1,192.63 1,158.44 D £ E £ F £ G £ H £ 1,521.96 1,513.63 1,497.40 1,509.92 1,498.87 1,499.50 1,860.18 1,850.00 1,830.15 1,845.46 1,831.95 1,832.73 2,198.39 2,186.36 2,162.91 2,181.00 2,165.03 2,165.95 2,536.60 2,522.73 2,495.67 2,516.54 2,498.11 2,499.17 3,043.93 3,027.27 2,994.80 3,019.85 2,997.74 2,999.01 1,333.79 1,344.09 1,338.49 1,354.16 1,347.73 1,332.63 1,344.54 1,340.15 1,335.76 1,384.63 1,500.51 1,512.11 1,505.81 1,523.43 1,516.20 1,499.21 1,512.60 1,507.67 1,502.73 1,557.71 1,833.96 1,848.13 1,840.43 1,861.97 1,853.13 1,832.37 1,848.74 1,842.71 1,836.68 1,903.87 2,167.41 2,184.15 2,175.05 2,200.51 2,190.07 2,165.53 2,184.87 2,177.75 2,170.62 2,250.02 2,500.86 2,520.18 2,509.68 2,539.05 2,527.00 2,498.69 2,521.01 2,512.79 2,504.56 2,596.18 3,001.03 3,024.22 3,011.62 3,046.87 3,032.40 2,998.43 3,025.21 3,015.35 3,005.47 3,115.42 1,346.26 1,369.14 1,342.86 1,330.36 1,342.62 1,339.37 1,362.98 1,338.81 1,323.12 1,335.80 1,336.01 1,342.09 1,353.30 1,339.59 1,327.79 1,334.52 1,336.56 1,342.62 1,335.02 1,344.97 1,333.80 1,342.59 1,341.53 1,336.99 1,339.83 1,357.28 1,330.37 1,337.14 1,333.34 1,363.01 1,323.93 1,514.54 1,540.28 1,510.71 1,496.66 1,510.45 1,506.79 1,533.35 1,506.16 1,488.51 1,502.78 1,503.01 1,509.85 1,522.47 1,507.04 1,493.77 1,501.33 1,503.63 1,510.45 1,501.90 1,513.09 1,500.53 1,510.41 1,509.22 1,504.12 1,507.31 1,526.94 1,496.67 1,504.28 1,500.01 1,533.39 1,489.42 1,851.11 1,882.57 1,846.43 1,829.25 1,846.10 1,841.64 1,874.10 1,840.87 1,819.29 1,836.73 1,837.02 1,845.37 1,860.79 1,841.94 1,825.72 1,834.96 1,837.78 1,846.10 1,835.65 1,849.33 1,833.98 1,846.06 1,844.61 1,838.36 1,842.27 1,866.26 1,829.26 1,838.57 1,833.35 1,874.14 1,820.41 2,187.67 2,224.86 2,182.15 2,161.84 2,181.76 2,176.48 2,214.84 2,175.57 2,150.07 2,170.68 2,171.02 2,180.89 2,199.12 2,176.84 2,157.67 2,168.59 2,171.92 2,181.76 2,169.41 2,185.58 2,167.43 2,181.71 2,179.99 2,172.61 2,177.23 2,205.58 2,161.86 2,172.85 2,166.69 2,214.89 2,151.39 2,524.24 2,567.14 2,517.86 2,494.44 2,517.41 2,511.32 2,555.59 2,510.27 2,480.85 2,504.64 2,505.03 2,516.41 2,537.45 2,511.74 2,489.62 2,502.22 2,506.06 2,517.42 2,503.17 2,521.82 2,500.88 2,517.36 2,515.38 2,506.86 2,512.19 2,544.90 2,494.45 2,507.14 2,500.02 2,555.65 2,482.37 3,029.09 3,080.57 3,021.43 2,993.32 3,020.90 3,013.59 3,066.71 3,012.33 2,977.02 3,005.57 3,006.03 3,019.70 3,044.94 3,014.09 2,987.54 3,002.67 3,007.27 3,020.90 3,003.80 3,026.18 3,001.06 3,020.83 3,018.45 3,008.24 3,014.63 3,053.88 2,993.34 3,008.57 3,000.03 3,066.78 2,978.85 14 22 February 2012 PART OF THE COUNCIL’S AREA Ingworth Itteringham Kelling Kettlestone Knapton Langham Lessingham Letheringsett with Glandford Little Barningham Little Snoring Ludham Matlaske Melton Constable Morston Mundesley Neatishead North Walsham Northrepps Overstrand Paston Plumstead Potter Heigham Pudding Norton Raynham Roughton Runton Ryburgh Salthouse Scottow Sculthorpe Sea Palling Sheringham Sidestrand Skeyton Sloley Smallburgh Southrepps Stalham Stibbard Stiffkey Stody Suffield Sustead Sutton Swafield Swanton Abbott Swanton Novers Tattersett Full Council VALUATION BANDS A £ B £ C £ D £ E £ F £ G £ H £ 1,019.80 1,006.83 1,009.15 1,010.74 1,005.34 1,007.97 996.69 1,189.77 1,174.64 1,177.34 1,179.20 1,172.90 1,175.97 1,162.80 1,359.74 1,342.45 1,345.54 1,347.66 1,340.46 1,343.96 1,328.92 1,529.71 1,510.25 1,513.73 1,516.12 1,508.01 1,511.96 1,495.03 1,869.64 1,845.87 1,850.11 1,853.04 1,843.13 1,847.95 1,827.26 2,209.58 2,181.48 2,186.50 2,189.95 2,178.24 2,183.94 2,159.49 2,549.51 2,517.09 2,522.88 2,526.87 2,513.36 2,519.93 2,491.72 3,059.42 3,020.51 3,027.46 3,032.24 3,016.03 3,023.92 2,990.07 997.99 993.63 1,006.12 998.29 990.36 1,020.72 998.67 1,015.08 1,003.07 1,011.00 1,016.14 1,009.23 1,020.25 1,007.91 1,005.47 1,001.64 1,014.96 1,006.15 994.25 1,009.17 1,004.79 1,002.60 998.60 1,018.10 1,019.80 1,003.44 995.52 1,005.90 1,008.57 1,010.74 1,016.42 1,012.19 1,013.24 1,004.17 1,004.42 998.11 998.28 1,006.63 1,007.44 1,008.13 994.19 1,164.32 1,159.24 1,173.81 1,164.67 1,155.42 1,190.84 1,165.12 1,184.26 1,170.25 1,179.50 1,185.50 1,177.43 1,190.29 1,175.89 1,173.05 1,168.58 1,184.12 1,173.85 1,159.95 1,177.37 1,172.26 1,169.70 1,165.04 1,187.78 1,189.77 1,170.68 1,161.44 1,173.55 1,176.66 1,179.20 1,185.82 1,180.88 1,182.12 1,171.53 1,171.82 1,164.47 1,164.66 1,174.40 1,175.35 1,176.15 1,159.89 1,330.66 1,324.84 1,341.49 1,331.06 1,320.48 1,360.96 1,331.56 1,353.44 1,337.43 1,348.00 1,354.86 1,345.64 1,360.33 1,343.88 1,340.63 1,335.52 1,353.28 1,341.54 1,325.66 1,345.56 1,339.73 1,336.80 1,331.47 1,357.46 1,359.73 1,337.92 1,327.36 1,341.21 1,344.76 1,347.66 1,355.23 1,349.58 1,350.99 1,338.90 1,339.22 1,330.82 1,331.04 1,342.17 1,343.26 1,344.18 1,325.59 1,496.99 1,490.45 1,509.18 1,497.44 1,485.54 1,531.09 1,498.01 1,522.62 1,504.61 1,516.51 1,524.22 1,513.84 1,530.38 1,511.86 1,508.21 1,502.46 1,522.44 1,509.23 1,491.37 1,513.76 1,507.19 1,503.90 1,497.91 1,527.15 1,529.70 1,505.17 1,493.28 1,508.86 1,512.86 1,516.11 1,524.63 1,518.28 1,519.87 1,506.26 1,506.63 1,497.17 1,497.42 1,509.94 1,511.17 1,512.20 1,491.28 1,829.66 1,821.66 1,844.56 1,830.20 1,815.66 1,871.33 1,830.90 1,860.98 1,838.97 1,853.51 1,862.93 1,850.26 1,870.46 1,847.84 1,843.37 1,836.34 1,860.76 1,844.62 1,822.79 1,850.15 1,842.13 1,838.10 1,830.78 1,866.51 1,869.64 1,839.65 1,825.12 1,844.16 1,849.05 1,853.03 1,863.44 1,855.68 1,857.61 1,840.99 1,841.44 1,829.88 1,830.18 1,845.49 1,846.98 1,848.24 1,822.68 2,162.32 2,152.87 2,179.93 2,162.97 2,145.78 2,211.57 2,163.79 2,199.34 2,173.33 2,190.51 2,201.65 2,186.67 2,210.55 2,183.81 2,178.53 2,170.22 2,199.08 2,180.00 2,154.20 2,186.55 2,177.06 2,172.30 2,163.65 2,205.88 2,209.57 2,174.13 2,156.96 2,179.46 2,185.24 2,189.94 2,202.24 2,193.08 2,195.36 2,175.71 2,176.24 2,162.58 2,162.94 2,181.03 2,182.80 2,184.29 2,154.08 2,494.99 2,484.08 2,515.31 2,495.73 2,475.90 2,551.81 2,496.68 2,537.70 2,507.69 2,527.51 2,540.36 2,523.08 2,550.63 2,519.78 2,513.69 2,504.11 2,537.41 2,515.39 2,485.62 2,522.94 2,511.99 2,506.50 2,496.52 2,545.25 2,549.51 2,508.61 2,488.80 2,514.76 2,521.43 2,526.86 2,541.05 2,530.47 2,533.11 2,510.44 2,511.05 2,495.29 2,495.70 2,516.57 2,518.61 2,520.33 2,485.48 2,993.99 2,980.90 3,018.37 2,994.88 2,971.08 3,062.18 2,996.02 3,045.24 3,009.22 3,033.02 3,048.44 3,027.69 3,060.76 3,023.73 3,016.42 3,004.93 3,044.89 3,018.47 2,982.75 3,027.53 3,014.39 3,007.80 2,995.82 3,054.30 3,059.41 3,010.34 2,986.56 3,017.72 3,025.72 3,032.23 3,049.26 3,036.57 3,039.74 3,012.52 3,013.26 2,994.35 2,994.84 3,019.89 3,022.34 3,024.40 2,982.57 15 22 February 2012 PART OF THE COUNCIL’S AREA Thornage Thorpe Market Thursford Trimingham Trunch Tunstead Upper Sheringham Walcott Walsingham Warham Wells-next-the-Sea Weybourne Wickmere Wighton Witton Wiveton Wood Norton Worstead All Other Parts of the Council’s Area VALUATION BANDS A £ B £ C £ 997.61 1,010.75 1,005.64 1,015.12 1,016.40 1,003.29 1,022.05 1,009.14 1,015.34 1,027.66 1,028.18 1,019.27 1,025.14 1,008.18 992.28 1,020.72 1,001.48 1,005.46 1,163.88 1,179.20 1,173.25 1,184.30 1,185.80 1,170.50 1,192.40 1,177.33 1,184.56 1,198.94 1,199.55 1,189.15 1,196.00 1,176.21 1,157.66 1,190.84 1,168.39 1,173.04 1,330.15 1,347.66 1,340.86 1,353.49 1,355.20 1,337.72 1,362.74 1,345.52 1,353.79 1,370.21 1,370.91 1,359.03 1,366.85 1,344.24 1,323.04 1,360.97 1,335.31 1,340.61 D £ 1,496.42 1,516.12 1,508.46 1,522.68 1,524.60 1,504.93 1,533.08 1,513.71 1,523.01 1,541.49 1,542.28 1,528.91 1,537.71 1,512.28 1,488.42 1,531.09 1,502.22 1,508.19 E £ F £ G £ H £ 1,828.96 1,853.04 1,843.68 1,861.05 1,863.41 1,839.37 1,873.77 1,850.10 1,861.46 1,884.04 1,885.01 1,868.67 1,879.42 1,848.34 1,819.18 1,871.33 1,836.05 1,843.35 2,161.50 2,189.96 2,178.89 2,199.42 2,202.21 2,173.80 2,214.46 2,186.48 2,199.91 2,226.60 2,227.73 2,208.43 2,221.14 2,184.40 2,149.94 2,211.57 2,169.87 2,178.50 2,494.04 2,526.87 2,514.11 2,537.80 2,541.01 2,508.23 2,555.14 2,522.86 2,538.36 2,569.15 2,570.46 2,548.18 2,562.85 2,520.46 2,480.70 2,551.81 2,503.70 2,513.65 2,992.85 3,032.25 3,016.93 3,045.36 3,049.21 3,009.87 3,066.17 3,027.43 3,046.03 3,082.99 3,084.56 3,057.82 3,075.43 3,024.56 2,976.84 3,062.18 3,004.44 3,016.39 987.24 1,151.78 1,316.32 1,480.86 1,809.94 2,139.02 2,468.10 2,961.72 g) The final demand on the Collection Fund will be; (i) £5,789,171 for District purposes; (ii) £1,538,934 for Parish/Town precepts. 120. RECOMMENDATIONS FROM CABINET 6 FEBRUARY 2012 a) ITEM 8: TREASURY MANAGEMENT STRATEGY STATEMENT AND INVESTMENT STRATEGY 2012/13 TO 2014/15 The preparation of the Strategy Statement was necessary to comply with the Chartered Institute of Public Finance and Accountancy’s Code of Practice for Treasury Management in Public Services. The Code had been revised in November 2011 and this Strategy Statement incorporated the changes which had been made. The prime objective of the Treasury Management Strategy was to ensure the security of the Council’s investments. RESOLVED (a) The Treasury Management Strategy Statement and Investment Strategy and Prudential Indicators, for 2012/13 to 2014/15, are approved. (b) The revised Treasury Management Policy Statement is approved. b) ITEM 9: 2012/13 BASE BUDGET AND PROJECTIONS FOR 2013/14 TO 2015/16 RESOLVED a) The 2012/13 revenue account budget as outlined at Appendix F and that the surplus of £87,975 be allocated to the Restructuring Proposals reserve; Full Council 16 22 February 2012 RECOMMENDATIONS FROM CABINET 6 FEBRUARY 2012 (Continued) b) The demand on the Collection Find will be subject to any amendments as a result of final precepts; (i) £5,789,172 for District purposes; (ii) £1,561,174 (subject to confirmation of one final precept) for Parish/Town precepts; c) The movement on the reserves as detailed at Appendix I; d) The updated Capital Programme and it’s financing for 2011/12 to 2014/15 as detailed at Appendix J and as contained within the report along with the authority to negotiate for the purchase of a new waste vehicle; e) The new capital bids as detailed at Appendix K; f) That Members note the current projections for 2013/14 to 2015/16. c) ITEM 10: CORPORATE PLAN: ANNUAL ACTION PLAN 2012/13 DRAFT FOR CONSULTATION This item had been withdrawn. d) ITEM 11: NORTH NORFOLK BIG SOCIETY FUND – PROPOSED OPERATIONAL FRAMEWORK The group had met and made good progress. A bi-annual, rather than an annual, report would be produced. This had been suggested by Ms V R Gay at the Overview and Scrutiny Committee on 31 January 2012. The Overview and Scrutiny Committee welcomed the opportunity of being involved in agreeing the criteria for applications to the Fund. It was important that there should be a system in place to support community groups so that they had the confidence to source funding for themselves. RESOLVED 1. That Council formally establishes the Fund to be launched on 2 April 2012 and appoints Members to sit on a politically balanced Big Society Board to act as the grant giving panel. 2. That Mrs H Eales, Mr P W High, Mr T Ivory, Mr B Jarvis and Mr J A Wyatt be appointed to the Big Society Board. 3. To require that the annual report will be produced bi-annually summarising how resources have been applied through the Fund and the outcomes achieved. 4. To agree a three month extension to Voluntary Norfolk’s existing contract. 121. PAY POLICY STATEMENT The Pay Policy Statement was required to enable the Council to satisfy the requirements of section 38 of the Localism Act 2011 which required that authorities must prepare a statement for the financial year 2012/13 and for each subsequent financial year. The statement set out current remuneration arrangements and was not a change to existing policies or practices. RESOLVED to approve the pay policy statement for 2012/13 as required by section 38 of the Localism Act 2011. Full Council 17 22 February 2012 122. TO RECEIVE THE MINUTES OF THE UNDERMENTIONED COMMITTEES RESOLVED To receive the approved minutes of the undermentioned committees: a) b) c) d) e) f) g) 123. Audit Committee – 13 September 2011 Overview and Scrutiny Committee – 16 November 2011 Cabinet – 28 November 2011 Development Committee – 8 December 2011 Overview and Scrutiny Committee – 13 December 2011 Cabinet – 9 January 2012 Development Committee – 12 January 2012 REPORTS FROM THE CABINET OR MEMBERS OF THE CABINET None. 124. QUESTIONS RECEIVED FROM MEMBERS None received. 125. OPPOSITION BUSINESS None received. 126. NOTICE(S) OF MOTION None received. 127. LIST OF SEALED DOCUMENTS RESOLVED that the list of sealed documents be received. 128. DEVELOPMENT COMMITTEE, APPLICATION PF/09/1270 The report related to an appeal against refusal of application for planning permission for an underground cable route from Weybourne to Great Ryburgh, to link the proposed Dudgeon Offshore Windfarm to the national transmission network. The permission was one of a number of consents or agreements required for the project. The windfarm was a nationally significant infrastructure project and would be located about 30 kilometres off the North Norfolk coast. The windfarm (turbines) and cable offshore required consents from Government (Department of Energy and Climate Change (DECC) and Department for Environment, Food and Rural Affairs (DEFRA)). To connect to the national transmission network the developers had made 3 applications for planning permission: • Full Council An application to North Norfolk District Council (Reference PF/09/1270) for an underground cable from the landfall to the boundary with Breckland district. That application is the subject of this appeal; 18 22 February 2012 DEVELOPMENT COMMITTEE, APPLICATION PF/09/1270 • • (Continued) An application to Breckland Council (Reference 3PL/2009/1189/F) for an underground cable from the boundary with North Norfolk district to a substation site. Planning permission was granted by a notice of decision dated 11 October 2010; An application to Breckland Council (Reference 3PL/2009/1188/O) for a substation. That application was refused and rejected on appeal. It is currently the subject of an application to the High Court. This legal challenge would be heard on 23 March. If the developer won, the appeal would be remitted to the Secretaries of State for redetermination. The application to NNDC has been considered by the Development Committee several times from July 2010 to January of this year. The application had been consistently recommended for approval by Officers. On 12 January Development Committee considered the application. A proposal to approve was put to the vote and lost by 3 votes to 9. It was then proposed and resolved by 7 votes to 5 that the application be refused. The grounds were: • detrimental impact on the landscape • detrimental impact on the local agricultural economy. A refusal notice was issued and the applicant company had appealed. The Applicant had asked for a public inquiry (quasi-judicial tribunal where evidence is given in written proofs of evidence and subject to cross-examination). The Applicant’s solicitors hoped to have the inquiry commenced in week beginning 1 May 2012. Their estimate was 6 days for the inquiry. Normally in these circumstances, the Council would consider appointing external professional witnesses to support the reasons for refusal. The Planning Officers were unable to do this, having consistently recommended approval of the application. Based on the cost of other appeals it was estimated that this might cost up to £100,000. Counsel had endorsed this as a reasonable estimate. The decision to refuse the application made by the Development Committee was taken after virtually all work on the Budget for 2012/13 had been done so there was no budgetary provision for the appeal. The Development Committee had no budget to defend appeals. The Planning division had a relatively small Budget to pay for external advice (usually legal advice, and retail assessments when there were applications for supermarkets). This was currently overspent. The Council’s own costs might not be the only financial implication. It was open to the appellants to seek an award of costs against the Council on the grounds of unreasonable behaviour if the Council was unable to substantiate its reasons for refusal. This was a potential financial risk, so provision had to be made for a contingent liability. The appellants would instruct a Q.C. for the inquiry and their potential costs were estimated to be not less than the £100,000. Members were reminded that they were making a decision about the financial implications and not discussing the application itself. The Leader said that although the independence of the Development Committee must be respected, Members must also consider the impact on the Council Tax. She proposed that funds should not be made available for the appeal. This was seconded by Mr T FitzPatrick who reserved the right to speak before the end of the debate. Mr E Seward supported the proposal, believing that release of the funds could not be justified as the prospect of success for the Council was unlikely. Mr R Wright said that any decision to go against officer Full Council 19 22 February 2012 DEVELOPMENT COMMITTEE, APPLICATION PF/09/1270 (Continued) recommendations needed to be carefully thought out. Mr T Ivory considered that the appeal would cost more than the officer’s estimate. Mr M J M Baker expressed concern that democracy might be compromised for financial reasons and Mr G R Jones warned of the danger of setting precedents. Mr P Terrington supported the latter speakers and urged that money should be ring-fenced for the appeal. In reply to a question from Mr Baker the Chief Executive said that although money could be taken out of reserves it would have to be replaced at some point in the future. RESOLVED that funds should not be made available for the appeal. Mrs A M Moore and Mr P W Moore abstained from voting. The meeting concluded at 7.50 pm. ____ Chairman Full Council 20 22 February 2012 Minutes Appendix A 2012/13 Base Budget and Projections for 2013/14 to 2015/16 Cabinet 6 February 2011 This is the first budget to be presented for approval by the first Conservative Administration. I cannot say how delighted I am the proposals are in compliance with our Manifesto promise to limit Council Tax increases for our recommendations are for a zero Council Tax increase. I should emphasise we had decided on a zero Council Tax increase before the Government announced their incentive of a grant, equal to a 2.5% increase in council tax, to Councils who froze their council tax at 2011/12 levels. Introduction This report recommends for approval the base budgets for both revenue and capital for the 2012/13 financial year and also provides indicative budgets for the following 3 financial years and reflects the result of many months of detailed work by both officers and Members. Settlement The Council had already forecast significant reductions in terms of central grant funding following the 2 year provisional settlement which was announced in December 2010. Confirmation of the Councils final allocation for 2012/13 was issued on 2 December 2011 and represents a 10% reduction compared to 2011/12 which in cash terms equates to £688,835 less that is available to be spent on services. This reduction is not as much as originally anticipated and has been helped by a further council tax freeze grant. The Chancellor of the Exchequer announced in early October that a further grant would be offered to those Authorities which freeze the Council Tax for 2012/13 at 2011/12 levels, but this grant was to be a ‘one-off grant’. This means that, for the second year running the Council is able to recommend a NIL increase in the council tax for the District element, with the average Band D council tax remaining at £138.87. The budget presented however assumes no further increases in council tax for the period up to and including 2014/15. New Homes Bonus 2012/13 will see the second year of the operation of the New Homes Bonus, for which the Council’s provisional allocation is £611,678 and this money, along with allocations in future years, is to be placed into the New Homes bonus reserve to be used to support communities with growth and development. The last administration used the New Homes Bonus to present a balanced budget. 21 Minutes Appendix A Local Government finance Bill The Local Government Finance Bill was published in December 2011. It contains provisions which will implement from 2013/14 proposals for business rates retention, localisation of council tax support and technical reforms to council tax which are key elements of the Government’s localism agenda. These represent significant changes to be addressed during the next financial year. The Localism Act The Localism Act received Royal Assent on 15th November 2011 and its wide ranging provisions will be implemented over the next few years. Revenue Account Taking account of all of the known changes affecting 2012/13 relating to further grant reductions, increasing pressure on investment income and service impacts, a surplus of £87,975 is forecast. In relation to the Council’s investments, while it might be tempting to try and search out the highest rates of return when facing such drastic budget reductions, the primary objective of the Council’s treasury activity remains the security of the sum invested. Forecasts predict that interest rates are set to remain low, and it is anticipated that official bank rate, will remain at 0.5% throughout the budget year, and possibly stay at this level until 2015. Investment income of just under £270,000 is anticipated for the 2012/13 financial year which compares with receipts of £1.3m for the 2008/09 financial year, which has added to the financial pressures faced by the Council. However on a more positive note the Council’s investments are still producing a return and if this income were not to be received council tax would need to be increased by over 6%. Savings Following the budget savings exercise a report recommending the inclusion of these bids within the 2012/13 budget was presented to Cabinet on 28 November and subsequently approved by Full Council on 13 December 2011 and additional detail regarding the bids can be found within the previous report. May I remind Members there was no opposition to these proposals at either meeting. These total £897,000 for 2012/13 and just over £920,000 for the following years. In addition to these reductions a further £150,000 of savings have been built into the budget in relation to the review of management structures. The first part of this involved the rationalisation of the Corporate Management Team, and the new structure for this was approved by Full Council at the special meeting of 11 January 2012. Reserves The savings report mentioned previously recommended the establishment of a New Homes Bonus reserve to be used to support communities with future growth and development. A further report on the same agenda covering the Council’s approach to 22 Minutes Appendix A localism recommended that a Big Society reserve also be established and these have now both been reflected within this budget report. Capital The report also recommends the capital programme for the next three years and includes an appendix containing new capital bids totalling £374,000. Although not contained within the report, I would like a recommendation added to allow for a £42,000 virement to be made from within the capital budget from the BPR EDM (Business Process Re-engineering – Electronic Data Management) budget to the Sheringham East promenade public conveniences budget to allow for this scheme to be completed. Future years The report also includes projections for the following three financial years. The projections have been prepared on the provisional funding announcement for 2013/14 and 2014/15 and further grant reductions of 7% have been assumed for both of these years. Taking all of these factors into account there is still a forecast gap of £275,343 for which further savings will need to be identified in 2013/14, increasing by a further £805,924 in the following year. Summary Taking all of the known changes into account for the 2012/13 financial year a surplus of £87,975 is forecast and so a balanced budget has been achieved. The position will be monitored throughout 2012/13 by both officers and members to ensure that this position remains achievable, and work will commence early in the next financial year too address the current deficit anticipated for 2013/14 onwards. Conclusions We understand how difficult it is for so many people right now, not just across the District of North Norfolk but across the country as a whole. We feel that the council tax freeze will help with the many burdens faced by residents in these trying times. To address the budget deficit we have had to make difficult decisions and further difficult decisions will need to be made to address future years deficits to achieve a balanced, sustainable budget. The budget is based on sound financial decisions, with new reserves introduced to help support local communities, this administration has a plan and we are sticking to it. This was always going to be a challenging budget as the country tries to recover from the worst recession in decades, with the funding reductions being enforced by Central Government and the declining returns from investments following the largest banking crisis in our entire history. 23 Minutes Appendix A In the face of all of this it gives me great pleasure to recommend a balanced budget which has been achieved in a time of severe grant cuts, facing a deficit of just under £1m, whilst still managing to freeze council tax and make provision for communities with the New Homes Bonus Reserve and the Big Society Fund. Finally Mr Chairman, before I move the recommendations may I express my thanks and those of my Cabinet colleagues to our excellent Accountancy team for their expert advice and guidance in the production of this budget. This includes Sheila Oxtoby, now our Chief Executive, Karen Sly in the early stages and latterly Duncan Ellis. We, The Cabinet, listened intently to their advices and expressed our opinions. The Budget being proposed today we feel is in the best interests of this Council and, most importantly, the best interests of all the people of North Norfolk District. I would especially like to thank Karen and Duncan for their forbearance and patience in putting up with my continual questions and my Cabinet colleagues for their unwavering support and valuable contributions. We shall not be judged by the criticisms of our opponents but by the consequences of our acts, therefore Mr Chairman, I have no hesitation in moving the recommendations. 24 Full Council 18 April 2012 Agenda Item No_______12_____ Introduction of Fees for Pre-application Advice and “Do I need Planning Permission?” Enquiries Summary: Conclusions: Recommendations: This report seeks authority for the adoption of a schedule of charges covering pre-application advice and “Do I need planning permission?” enquiries That the Council adopts these proposals with effect from 1 May 2012, subject, in the case of major applications, to half of the fees paid at pre-application stage being used to offset the formal application fee. Cabinet member(s): Ward(s) affected: Keith Johnson All Contact Officer, telephone number, and e-mail: Steve Oxenham, 01263 516135 Steve.oxenham@north-norfolk.gov.uk 1. Introduction 1.1 At its meeting on 22 February 2012 the Council adopted the annual budget for 2012/13. Amongst its provisions is the inclusion of income-generating proposals of £10,000 and £5,000 respectively relating to the introduction of fees for pre-application advice and “Do I need Planning Permission?” enquiries which are currently provided free at the point of delivery. This report suggests principles and attaches a proposed Schedule of Fees at Appendix A for introduction on 1 May. 1.2 These proposals were considered by Cabinet on 12 March 2012 which recommended their adoption following consultation with local agents, the development industry and Overview and Scrutiny Committee, and the consideration of the outcome thereof by the Corporate Director and the Head of Planning & Building Control in consultation with the Portfolio Holder. 1.3 At its meeting on 28 March Overview & Scrutiny Committee confirmed that it had no objection in principle to the proposals, that it was anxious to ensure that the service had the resource to implement them and that they should be the subject of review in January 2013, i.e. following at least 6 months’ experience from implementation. A summary of the consultation responses is set out in paragraphs 4.7, 5.3 & 6.2 below. 25 Full Council 18 April 2012 2. Background 2.1 Approximately 440 formal pre-application enquiries are received per year, and some 320 “Do I need planning permission?” enquiries are also received annually. In addition, Duty Planning Officers who operate on 5 half-days each week receive approximately 2,000 enquiries per annum, an average of 8 per session. Experience from a local authority in Lincolnshire which introduced charges last year is that pre-application enquiries were reduced to between 25-30% of those which had previously been received when the service was free to users. If these figures are applied to North Norfolk we can be reasonably confident that the budgetary target can be met, although the degree of customer resistance to the proposals is not yet known. 3. Principles of the Service 3.1 It is proposed that the scheme should be as simple as possible to administer, and seen to be fair and easy for the public to understand. In the absence of any decision by the Government to allow local fee-setting, it is suggested that the national fee scheme be used as the basis for charging for pre-application enquiries. This is a well-established and understood structure, and it has been used as the basis for the introduction of similar charges last year by Kings Lynn and West Norfolk Borough Council, so it will be understood by a number of local agents. 3.2 It is also suggested that the pre-application fee be based on approximately 30% of the national fee, rounded for ease of administration and with a minimum charge of £50 to help meet administrative costs. It is also proposed that the same exemptions apply to this service as are applied nationally, thus reducing the scope for local disputes over “special cases”. 3.3 A draft schedule of fees is attached for consideration at Appendix A. 4. The service offered 4.1 Clearly, if charges are to be levied for this service it is important that public expectations of a good level of service are met. These should be set out clearly and monitored in order to ensure that standards are maintained. 4.2 It is proposed that the following principles be applied. 4.3 The pre-application enquiry will be registered and an acknowledgement sent confirming either that more information is required or that the enquiry has been registered and a date specifying when a response will be provided, including details of the case officer, and consultations where appropriate will be dispatched, all within 5 working days. For all major developments a meeting with Officers will be offered within the period for response, to which consultees will be invited in appropriate cases. 4.4 A full written response will be sent within 30 working days of registration unless another timescale has been agreed between the parties. (It will be noted that the District Council has no ability to control response times from consultees and therefore their advice may have to follow the principal response). 4.5 The Council’s advice will cover the following items; the requirements to allow a valid application to be registered, including the statutory fee required; a synopsis of the 26 Full Council 18 April 2012 planning history of the site; details of any statutory designations and constraints affecting the site; the relevant planning policy context and assessment of the scheme against planning policy; and an assessment identifying any other material considerations; potential developer contributions; a summary of consultee responses; a synopsis of the potential changes which may be required to improve the scheme and, if possible, overcome objections; and an indication of the likely recommendation of Officers, making it clear that this is without prejudice as to the final decision that the Council may wish to make. 4.6 Once the regime is in place, Officers will give equal priority to pre-applications and formally submitted applications; this may have implications for speed of determination of the latter, depending on workload and resources available. 4.7 Consultation Comments. The proposals were discussed at the quarterly meeting of Planning & Building Control Agents in March, when a number of issues were clarified. One agent expressed concern about the amount of money payable in advance and expressed a preference for a negotiable scheme. Some 56 agents, 17 local and regional developers and the North Norfolk Business Forum were consulted in writing. Five individual responses have been received, three from individual agents, one representing a major local housebuilder and one representing North Norfolk Business Forum. Copies of these responses are available for inspection in the Members’ Room. All consultation responses supported the principle of pre-application discussions, but only one of the consultees was broadly supportive of these proposals. All raised divergent views as to the most appropriate means of pre-application engagement. However, the key issues raised are considered to be as follows:• The proposals will lead to more submissions without discussion, generating scope for disagreement and delays. • Large pre-application fees could be financially damaging to the viability of major schemes. The costs are significant in the context of other costs for major developers and should be related to the actual time spent. • No offset is proposed towards the formal fee; it would be better to increase the formal fee and leave the advice free. • There is no control over consultee responses; this is a concern in relation to timing and delays. • It may lead to clients going direct to Officers on duty or by phone, increasing pressure on them. • It may lead to adverse public relations for the Council. • It may increase pressure on staff because of the response timescales proposed. • The emphasis should be on fees for smaller schemes to discourage “timewasters”. • Small income expected is not balanced against the costs of operating the scheme. 27 Full Council 4.8 18 April 2012 • It is not worth collecting fees as low as £50. • The proposed scheme is not simple. • The loss of “weeded out” schemes denies Officers the opportunity to improve them. • This would be a bureaucratic brake on development and smaller schemes would not come forward in a timely manner or at all. • The written response should carry material weight. • A formal written response would leave the Council’s hands subsequently tied. • Fees should be confined to large and complex schemes. • Electronic submission should be the subject of additional copying charges. • As an alternative it would be better to attract additional work based on existing fees, thus encouraging developers to do business in North Norfolk. Officers’ Comments There is understandably a reluctance on the part of the development industry to pay for a service which is currently provided free at the point of delivery and there are also conflicting views as to the most appropriate way of levying fees for this work. However, the decision to levy fees has already been taken by the Council and it is therefore considered necessary to select a means of doing so which best fits the Council’s corporate priorities. Since the delivery of new homes and economic development projects is a particularly high priority, and taking into account the potentially large fees involved, it is suggested, in order to mitigate the impact on the delivery of major schemes and to encourage developers to progress their schemes to formal application stage, that for major applications (as defined by DCLG Regulations) half of the pre-application fee be used to offset the statutory fee payable at application stage. The proposals are likely to lead to increased pressures on staff and their impact will need to be monitored carefully and kept under review. Set against this, it is likely that pre-application workloads will reduce since some prospective applicants will be deterred by the prospect of paying. It is considered that the proposed scheme, being based on the national system, is as simple as possible to implement and it is not accepted that a £50 fee is too small to be worth collecting; some national fees already collected are as low as £25. A benefit of the scheme is considered to be that Officers’ advice will be on the record and therefore should give confidence to developers, without compromising the ability of elected Members to determine the outcome of subsequent applications. Subject to the significant modification proposed above, it is recommended that the scheme be adopted for pre-application charges. 28 Full Council 18 April 2012 5. “Do I need Planning Permission?” Enquiries 5.1 There is a formal process by which applicants may apply for a Lawful Development Certificate for a proposed use of buildings of land or operational development. The statutory fee for this is half that for an equivalent planning application; thus for householder applications this will be £75. It is proposed that a flat-rate fee of £50 be set for all such enquiries, again making it clear that this represents the Officer’s professional opinion but does not bind the Authority to a formal determination. Since fees are not levied for Listed Building or Conservation Area consent applications it is proposed that no fee is charged for enquiries of this type. 5.2 It is proposed to maintain the Duty Officer system as currently operated so that members of the public will continue to receive a limited service free of charge, although the pressure on this service is likely to increase significantly with the advent of charges and this workload will therefore need to be monitored. Potential applicants will also be signposted to the Council’s website and to the Planning Portal to which it is linked which enables applicants to obtain free advice as to the need for permission via the web. 5.3 Consultation Comments One respondent commented that there should be no charges for private householders under any circumstances. 5.4 Officers’ Response Comment noted but at present this service is subsidised by Council taxpayers and sources of free informal advice will continue to be publicised. 6. Planning Performance Agreements 6.1 Officers have drafted a paper which was the subject of consultation on Planning Performance Agreements, a copy of which is attached at Appendix B. Subject to the submission of a fee, a programme timetable would be drawn up for the consideration of a proposal at pre-application and application stage. The paper sets out the proposed commitments of the Council under this scheme and the responsibilities of developers. 6.2 Consultation Comments Two of the consultees responded on this issue. One expressed the view that Planning Performance Agreements should not be allowed to become a reason for slower progress with applications where there is no Agreement. The other commented that the proposals appeared to suggest without special consultation between the parties a substandard service could be expected; a PPA is something which the Planning Authority could offer without a specific charge. 6.3 Officers’ Response It is proposed that Officers give further consideration to the issue of Planning Performance Agreements and develop a Planning Performance Charter for subsequent consideration by the Council. 29 Full Council 18 April 2012 7. Financial Implications 7.1 It is intended that this initiative will lead to an increase in income of at least £15,000 per annum. The additional projected income levels will be monitored as part of the regular budget monitoring process and any issues regarding income levels will be flagged as appropriate within these reports. The income levels generated and the success of the scheme will be explored as part of the Overview and Scrutiny Committee review process in January 2013. 8. Risks 8.1 Customer resistance to these proposals is not known, but the experience of another Local Authority which recently introduced similar charges has been used in their preparation. 8.2 There is a risk that the charges will provide a disincentive to developers from entering into pre-application discussions with Planning Officers; this could mean that the programme of implementing major development residential allocations and other economically valuable development could be adversely affected, in conflict with key elements of the Council’s Corporate Plan. 8.3 There is also a risk that applicants may seek to develop without checking whether planning permission is required which could lead to an increase in potential enforcement cases. 8.4 These risks are to an extent mitigated by the fact that following consultation it is suggested that the proposals be amended to enable half of pre-application fees for major developments to be offset against the statutory fee payable upon submission of a formal application. Furthermore, limited free pre-application advice will still be available from Duty Planning Officers and via the website. A large number of Local Planning Authorities also currently charge for pre-application advice. 9. Sustainability 9.1 These proposals are not considered to have any impact on the Council’s sustainability agenda. 10. Equality and Diversity 10.1 The proposals take a similar position with regard to equality and diversity as do the national statutory planning fee regulations. RECOMMENDATION It is recommended that the Council adopts these proposals with effect from 1 May 2012, subject in the case of major applications, to half of fees paid at pre-application stage being used to offset the formal planning application fee. 30 Appendix A NORTH NORFOLK DISTRICT COUNCIL Fees for Pre-Application and “Do I need Planning Permission?” Enquiries These fees will be charged upon the submission of proposals for pre-application advice. For advice on the service provided see separate note. OUTLINE APPLICATIONS i) site area up to 2.5ha. ii) site area over 2.5ha. £100 per 0.1ha. + VAT £2,500 + £30 per additional 0.1ha (maximum £30,000) ERECTION OF DWELLINGS (FULL OR RESERVED MATTERS) (including change of use to dwellings) i) up to 50 dwellings ii) over 50 dwellings £100 per dwelling + VAT £5,000 + £30 per additional dwelling + VAT (maximum £60,000) ERECTION OF BUILDINGS (NON-RESIDENTIAL) i) floor space 0 - 40 sq.m. ii) floor space 40 – 3750 sq.m. iii) floor space over 3750 sq.m. £50 + VAT £100 per 75 sq.m. + VAT £5,000 + £30 per additional 75 sq.m. + VAT (maximum £30,000) ERECTION OF AGRICULTURAL BUILDINGS i) floor space 0 – 465 sq.m. ii) floor space 465 – 4215 sq.m. £50 + VAT £100 for 1st 540 sq.m. and £100 for each additional 75 sq.m. + VAT £5,000 + £30 per additional 75 sq.m. + VAT (maximum £60,000) iii) floor space over 4215 sq.m. ERECTION OF GLASSHOUSES i) floor space 0 – 465 sq.m. ii) floor space over 465 sq.m. ERECTION, ALTERATION MACHINERY i) site area up to 5ha. ii) site area over 5ha. OR £50 + VAT £500 + VAT REPLACEMENT OF PLANT OR £100 per 0.1ha. + VAT £5,000 + £30 per 0.1 ha. + VAT (maximum £60,000) ENGINEERING OR OTHER OPERATIONS £50 per 0.1ha. + VAT (maximum £500) HOUSEHOLDER APPLICATIONS – (EXTENSIONS, GARAGES, SHEDS, FENCES ETC) i) 1 dwelling ii) 2 or more dwellings £50 + VAT £100 + VAT CAR PARKS AND SERVICE ROADS FOR EXISTING USES £50 + VAT CHANGE OF USE OF LAND OR BUILDING TO DWELLINGS i) up to 50 dwellings ii) over 50 dwellings OTHER CHANGES OF USE h:\966\Proforma\Pre app & Do I need pp fees 2012 31 £100 per new dwelling created + VAT £5,000 + £30 per dwelling + VAT (maximum £60,000) £100 + VAT Appendix A VARIATION/REMOVAL OF A CONDITION AND RENEWAL OF A TEMPORARY PERMISSION REPLACEMENT PLANNING PERMISSION SUBJECT TO NEW TIME LIMIT i) Householder ii) Major development iii) Other APPLICATIONS FOR NON-MATERIAL CHANGES i) Householder ii) Other OF £50 + VAT £150 + VAT £50 + VAT Not part of pre-application service APPLICATIONS FOR CONSENT TO DISPLAY ADVERTISEMENTS i) relating to a business on the premises ii) advance/direction signs iii) other advertisements APPLICATIONS FOR DETERMINATION APPROVAL IS REQUIRED £50 + VAT WHETHER £50 + VAT £50 + VAT £100 + VAT PRIOR REQUEST FOR CONFIRMATION OF COMPLIANCE WITH PLANNING CONDITIONS HAZARDOUS SUBSTANCES – Special Form DO I NEED PERMISSION? Do I need planning permission? All enquiries £50 + VAT Not part of pre-application service Where no one substance exceeds twice the controlled quantity = £70 + VAT In excess of twice the controlled quantity= £100 + VAT Removal of condition/s or alteration to site area = £50 + VAT £50 + VAT Do I need Listed Building Consent? Do I need Conservation Area Consent? CONCESSIONS 1. Extension and alterations to registered disabled person’s dwelling to improve their access to or within the dwelling or to provide facilities for their greater safety, health or comfort and for applications to improve access to public buildings including shops and cinemas. Any such application should be accompanied by evidence that the resident or proposed resident is a registered disabled person to whom Section 29 of the National Assistance Act 1984 applies. 2. Any application for development which would not have required planning permission were it nor for either a direction made under Article IV of the General Development Order or a condition imposed upon a specific planning permission taking away or limiting the permitted development rights. 3. Application for development within 12 months of a refusal of an earlier application of similar character on the same site for the same applicant or within 12 months of the registration of a withdrawn application. N.B. This exemption can only be claimed once. No fee No fee No Fee No Fee No Fee Enquiries by Parish/Town Councils Half the normal fee Alternative applications for one site Highest of the fees applicable for each alternative and a sum equal to half the rest. h:\966\Proforma\Pre app & Do I need pp fees 2012 32 Appendix B PLANNING PERFORMANCE AGREEMENTS North Norfolk District Council is committed to supporting investment in new jobs and housing in the district and, with a strong planning policy framework in place in the form of adopted Core Strategy and Site Allocations Development Plan Documents, wants to ensure that major planning applications are considered in a timely and efficient manner. Alongside the proposed introduction of fees for pre-application advice, the Council is also proposing to offer developers with proposals for major developments the opportunity of entering into a Planning Performance Agreement with the local planning authority. Such Agreements will involve early discussion of the proposal and agreement of a project plan which will detail the key issues to be considered in the development and assessment of the proposal as well as identifying the resources to be employed by the authority in the processing of the application and its presentation to the Council’s Development Committee within an agreed timescale. The Council is proposing to introduce a Planning Performance Charter which will identify the types of applications the authority will be prepared to consider through a Planning Performance Agreement, where such an arrangement is requested by the developer. This paper therefore seeks to introduce the concept of Planning Performance Agreements and detail the types of applications where the use of such Agreements might be seen as appropriate, as the basis for consultation with the local development industry. Planning Performance Agreements (PPAs) were introduced into the planning system in 2008 with the objective of improving the quality of planning applications and the decision-making process through greater collaboration between the planning authority and applicants. Such Agreements sought to bring the local planning authority, developers and key stakeholders together, preferably at an early stage in the development of a proposal, to develop a shared project management process for an application which would provide greater certainty and transparency in the development and assessment of development proposals. Following the adoption of the Site Allocations Plan in early 2011 the Council identified staff resources through a Major Applications Team to support the development of applications on allocated sites. These arrangements are generally believed to be working well, but with the Coalition Government’s wish to support economic and housing growth as the principal means of rebuilding and strengthening the national economy, the District Council believes it can and should do more to support future investment in the District. The Council therefore believes that the use of Planning Performance Agreements in the consideration of some major development proposals will provide greater certainty to developers and investors around both the process and timeframe over which development proposals are considered. The Council therefore proposes that, at the request of developers, it will be prepared in principle to enter into a PPA on proposals for residential developments allocated through the Site Allocations Plan, together with industrial and commercial developments deemed as major developments. 33 Appendix B In such cases where PPAs are proposed there will be clear expectations upon both the local planning authority and developers, as follows:In its capacity as local planning authority, the Council will:• Identify a senior member of its Development Management or Major Applications Teams to be the key point of contact within the Council for all matters relating to the application. This individual will, as appropriate, bring together a Development Team of relevant officers within and beyond the authority, to support the development of the proposal through to submission of a formal planning application, its appraisal and ultimate determination under delegation / presentation to Development Committee. • Agree a project plan with the developer identifying key issues, need for Screening Opinion under Environmental Assessment legislation, need for technical reports relating to a proposal such as Strategic Flood Risk Assessment, contaminated land reports, highways and travel plans, historic environment assessment and the timeframe over which such reports will be prepared; other key milestones such as timing of key consultations, submission of application and target date for decision. • Identify consultation arrangements with statutory consultees • Advise of required pre-application and formal consultation arrangements including briefings of local members and parish councils, the form of preapplication consultation exercises through exhibitions, presentations and information campaigns • Review project plan on a monthly basis – providing progress reports to the developer, senior management and members within the Council with details of any changes / slippage / revision to key project outcomes / timescales • Provide a validation checklist and details of fee to be charged so as to avoid any delays in the registration of the application • Advise on Committee processes including the need for site visits and the arrangements for the consideration of the application at Committee – including the nature of presentations and arrangements for public speaking. • Provide guidance on draft Heads of Terms for any Section 106 obligations, other planning obligations and draft conditions attached to any permission so as to minimise the time following any approval before a formal Decision Notice can be issued and works commence on site. Responsibilities of developers:• Agree the project plan and commit to realistic timeframes for the commissioning / preparation of technical studies etc in support of the proposal. • Pay the required fee for the PPA • Engage in meaningful pre-application discussions with statutory bodies, key stakeholders and consultation with the local community and amend proposals 34 Appendix B as appropriate to address legitimate concerns expressed in response to such consultations • Attend project meetings with the lead officer and other relevant bodies as appropriate in the development of the proposal • Keep the Council informed of the progress of the project, and particularly of any changes / slippage / revision to key projects outcomes / timescales. • Submit a complete planning application, with relevant fee and supporting documentation, including draft legal agreements / unilateral obligations where required, and attend any site visits / meetings of the Development Committee at which the proposal is discussed. 35 Cabinet Overview & Scrutiny TBC Full Council 18th April 2012 Agenda Item No____13_________ A policy position on Section 106 financial contributions associated with retail developments Summary: At the present time North Norfolk District Council does not have an agreed policy position in respect of negotiating Section 106 contributions from new retail developments in the District. The Council is aware of a number of proposals for new retail developments which might be considered acceptable subject to assessing the impact of the proposals and any mitigating measures on established town centres in the District. The Council therefore needs to agree an interim policy position in respect of such proposals as a matter of some priority. Conclusions: In order to consider the impact of new retail proposals on the vitality and viability of established town centres across the District the Council should develop a clear policy position with regard to such proposals as a matter of priority. Recommendations: Full Council is recommended to:Ask the Cabinet to explore the policy options available to the Council in seeking to secure Section 106 contributions from new retail proposals at its meeting of 14th May 2012 meeting and draft an interim policy for debate and endorsement by Full Council at its meeting of 30th May 2012. Cabinet member(s): Ward(s) affected: Cllr Keith Johnson Wards in North Norfolk’s eight principal settlements Contact Officer, telephone number, and e-mail: Steve Blatch, Corporate Director Steve.blatch@north-norfolk.gov.uk Tel:- 01263 516232 1.0 Introduction 1.1 In recent weeks a number of new retail developments have been proposed in locations across the District – ie. at North Walsham, Holt and Wells; in respect of which questions have been asked about the Council’s ability to secure financial contributions from such proposals through formal legal agreements in order to mitigate the impact of new developments upon established town centres. 36 Cabinet Overview & Scrutiny TBC Full Council 18th April 2012 1.2 The legislation providing local planning authorities with the powers to enter into legal (Section 106) agreements, often referred to as planning obligations, with applicants for planning permission to regulate the use and development of land which might involve payment of a financial contribution for off-site works, is set out in the National Planning Policy Framework published on 27th March 2012. The guidance indicates that planning obligations should only be sought where they meet all of the following tests:• • • necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development. 1.3 At the present time the District Council does not have an approved policy framework for the negotiation of Section 106 agreements in respect of retail proposals and therefore in light of the retail proposals now being developed in the District it is suggested that the authority should adopt an interim policy, pending the preparation of a Planning Obligations Supplementary Planning Document or agreement to introduce a Community Infrastructure Levy. Full Council is therefore recommended to ask Cabinet to give urgent consideration to the development of an interim policy with the matter being brought back to the meeting of Full Council on 30th May 2012 for endorsement. 2.0 Context 2.1 Whilst the adopted North Norfolk Core Strategy policy EC5 outlines the approach the Council will adopt in considering proposals for new food / convenience retail proposals and makes reference to the impact such proposals might have on the vitality and viability of existing town centres, no specific reference is made to the Council’s ability to secure planning obligations from such developments which might seek to address such impacts to the point that the development proposal might be considered acceptable. 2.2 Retail policies contained within the adopted Core Strategy were informed by a Retail and Leisure Study prepared in 2005 which did not identify any quantitative need for new convenience floorspace in the district over the period to 2016. The current range of proposals for new stores in North Walsham, Holt and Wells-next-the-Sea seek to promote increased consumer choice and retention of expenditure within local catchments and it will therefore be for the Council to determine, in considering planning applications for these proposals, whether the scale of any impact on established town centre businesses might be reduced or considered to be acceptable through the funding of mitigation measures. . 2.3 Such measures might include finance being provided for town centre enhancement works, town centre management and marketing initiatives, local transport services / infrastructure and support for local Chambers of Trade. Such contributions have been secured by local authorities approving retail proposals elsewhere in the country over recent years, but to date the District Council has not negotiated any such payments in respect of retail proposals in North Norfolk. 2.4 Following adoption of the LDF Core Strategy and Site Allocations Plans it was proposed that the Planning Policy Team would prepare a Supplementary Planning Document on Planning Obligations. However, given the emphasis placed on working with developers to bring allocated sites forward for development and the Council’s decision to consider over the coming months the introduction of a Community Infrastructure Levy (CIL), this work has not been progressed to any extent. The Council therefore has no clear policy position with respect to negotiating Section 106 contributions beyond the historic position of negotiating contributions for affordable housing, open space and County Council service infrastructure (education, libraries, public transport and fire hydrants) largely from new residential developments. Certainly the Council does not have any previous 37 Cabinet Overview & Scrutiny TBC Full Council 18th April 2012 experience or approved policy relating to the negotiation of Section 106 contributions in seeking to mitigate the impact of new retail developments upon established town centres, potentially placing the authority at a disadvantage in seeking to secure such contributions from promoters of current proposals. 2.5 It is therefore recommended that Full Council asks Cabinet to give this matter urgent consideration at its 14th May meeting, exploring the policy options available to the authority and develop an interim policy for debate and endorsement by Full Council at its meeting of 30th May 2012. 3.0 Financial Implications and Risks 3.1 The District Council is aware of a number of proposals for new retail developments in the District, which might be considered acceptable through the formal planning application process, subject to assessing the impact of the proposals and any mitigating measures on established town centres in the District. Where a negative impact is identified it might be possible to secure a financial contribution from the developer through a Section 106 Agreement in order that the impact of such developments might be reduced / mitigated. At the present time the District Council does not have an approved policy framework in place for negotiating or securing planning obligations associated with new retail proposals. It is therefore important that the Council adopts an interim policy as a matter of urgency if it is to seek such contributions from development proposals which are currently under consideration or are the subject of pre-application consultation. Without an agreed policy with respect to the negotiation of such obligations, the authority might face the risk of challenge regarding any negotiations to secure such payments or fail to secure wider community benefits from such developments. 4.0 Sustainability 4.1 This report does raise some issues in relation to sustainable development, particularly with respect to the viability and vitality of the district’s town centres. The report proposes the consideration and development of policy which seeks to reduce or mitigate the impact of new retail proposals on established town centres. 5.0 Equality and Diversity 5.1 This report does not raise any equality and diversity issues. 6.0 Section 17 Crime and Disorder considerations 6.1 This report does not raise any issues relating to Crime and Disorder. 38 Full Council 18 April 2012 Agenda Item No______14_______ CONSTITUTION WORKING PARTY - ANNUAL REVIEW REPORT Summary: The Constitution Working Party has identified a number of sections within the Constitution document that require amendments and updates, for which approval is sought. In addition, Members of the Working Party have identified a number of provisions that will need amendment or updating that are contingent on the outcomes of structural review, the publication of regulations and guidance or technical review by other committees or officers of the Council. Conclusions: The Constitution should be amended or updated in accordance with the recommendations of the Constitution Working Party, where those amendments or updates are not contingent on other events or information. Recommendations: It is recommended that Members: (i) approve the Constitution amendments and actions proposed in Appendix C; (ii) note the provisions within the Constitution that will be reviewed after the management restructure is completed, to be reported to the Council for approval at a later meeting (Appendix D); (iii) note those provisions within the Constitution where amendments or updates stand deferred pending publication of relevant regulations and guidance (Appendix D); (iv) note those provisions within the Constitution that are to be referred for review by the relevant committees and/ or officers before amendments or updates are considered by the Constitution Working Party (Appendix D). Cabinet member(s): Ward(s) affected: All All Tony Ing, Strategic Director – Information 01263 516080, tony.ing@north-norfolk.gov.uk Contact Officer, telephone number, and e-mail: 1. Introduction 1.1 Following the decision of Full Council at its meeting of 22 February 2012 appointing Cllrs A.M. Fitch-Tillett, V.R. Gay, K.E Johnson, A.M. Moore and H. Thompson to serve on the 39 Full Council 18 April 2012 Constitution Working Party, a first meeting was convened on 9 March 2012. At that meeting Cllr H. Thompson was elected as Chairman. 1.2 In fulfilling their responsibilities, Members worked sequentially through the current Constitution focusing on changes arising from: • new or amending legislation (e.g. the Localism Act 2011) • relevant audit recommendations (e.g. the Corporate Governance audit) • operational experience of applying the Constitution since April 2011 • inconsistencies, referencing, formatting etc. identified within the document • any other relevant review or change of circumstances (e.g. agreed recommendations of the Independent Remuneration Panel). 2. Constitution Working Party findings 2.1 As a result of the considerations of the Working Party following meetings held on 9 and 28 March 2012, Members have identified those elements of the Constitution that should be amended or updated as a result of this initial work. These proposed amendments and actions can be found at Appendix C. 2.2 In addition, Members clearly highlighted those provisions in the Constitution that would require amendment but were contingent on the outcome of other activities (e.g. management restructuring and publication of regulations and guidance), as well as those provisions that require further work or consideration by other committees and/or officers before recommendations for amendment can be made. These can be found at Appendix D. 2.3 Members also discussed the format and style of the Constitution, proposing that the amended document should be re-issued in loose-leaf form to make it easier to incorporate future updates. 3. Financial Implications 3.1 There are no direct financial implications associated with the annual review of the Constitution. 4. Risks 4.1 In order to mitigate any potential risks associated with the Constitution, it is important that the document is updated to reflect any new or amended, relevant legislation to ensure the conduct of business and decision making processes are effective and legally sound. 40 Full Council 18 April 2012 5. Sustainability 5.1 There are no direct sustainability implications associated with the annual review of the Constitution. 6. Equality and Diversity 6.1 There are no direct equality and diversity implications associated with the annual review of the Constitution. However, if there are any significant changes arising from the review, they will be subject to an equality impact assessment before being adopted by Council. 7. Crime & Disorder 7.1 There are no direct crime and disorder implications associated with the annual review of the Constitution. 41 Full Council 18 April 2012 APPENDIX C Proposed Amendments to the Constitution Constitution Reference Amendment or Action Chapter 2, Full Council Paragraph 3.8, page 2.7, Opposition Business Amendment “Each opposition or minority Group will have the opportunity at up to three ordinary meetings of Council to propose a single item of business on the following procedural basis: (a) Opposition Group Leaders may submit a notice of opposition business in writing to the Chief Executive for the next ordinary Council meeting at least ten clear days before the date of the meeting to which it is addressed. (b) The written notice must identify the nature of the item to be discussed and the nominated representative of the political group who will present the business to Council, to which the Leader or appropriate Portfolio Holder will respond. (c) The written notice must relate to a matter which affects the Council or the District and must relate to a matter in respect of which the authority has a relevant function or legitimate local interest. (d) The Council may vote on the substance of the debate particularly where recommendations have been made for future actions. The time allotted for opposition business would be no more than 30 minutes.” Paragraph 12, page 2.12, Petitions and questions Action To review arrangements for managing questions and prepare a practical procedure to report back to a future meeting. Paragraph 18.6, page 2.22, Recorded vote Amendment “Notwithstanding Rule 18.5, if any Member present at the meeting so demands, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. The procedure for a recorded vote shall be as follows: (a) The Chairman shall put the motion and the Chief Executive or Monitoring Officer shall call out the names of Members and record their votes or abstentions (b) The Chairman shall declare the result of the vote and the vote of each Member shall be recorded in the minutes.” 42 Full Council 18 April 2012 Paragraph 20.3, page 2.23, Telephones and electronic equipment Amendment NEW PARAGRAPH page 2.25, Substitution Amendment “Each Member shall ensure that his/her mobile telephone and other electronic equipment is switched to, and kept on, silent mode throughout the meeting. The voice facility of such mobile telephones and electronic equipment shall not be used to make calls, receive calls or check messages. Only text or non-voice uses can be made of this equipment. The person presiding at the meeting may require all mobile telephones or electronic equipment to be switched off at any time, where necessary to ensure that such equipment does not interfere with the proper conduct of the meeting or lawful decision-making.” “When acting as a substitute, such a member is free to make their own independent decisions and is under no obligation to vote in accordance with the intentions or wishes of the member for whom he/she will substitute.” Chapter 3, The Executive Paragraph 1.1, page 3.5 Action Delete the note in italics Paragraph 3.1, page 3.6 Action Delete the note in italics Paragraph 3.2, page 3.6 Action Delete paragraph 3.2 as the reference to portfolio responsibilities was felt to be unnecessary. Chapter 5, Committees Paragraph 5.5, page 5.4, Recorded vote Amendment “If any Member present at the Committee so demands, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. A demand for a recorded vote will override a demand for a ballot.” Part 5, page 5.11, Audit Committee Terms of Reference 1.2(b) Amendment “Reviewing the annual statement of accounts and whether appropriate accounting policies have been followed.” 43 Full Council 18 April 2012 Chapter 9 – Rules, Codes and Protocols – Part 2 – Contract Procedure Rules Paragraph 9.2, pg 9.33 Amendment “All exemptions, and the reasons for them, must be recorded using the form in the Procurement Toolkit. Exemptions shall be signed by the Officer and the relevant Director, and countersigned by the Procurement Officer and the Monitoring Officer. All exemptions granted during the financial year will be summarised and reported for information within the Monitoring Officer’s Annual Report. Chapter 11, Members’ Allowances NEW APPENDIX, Basis of the allowance Action To introduce a new appendix, using the information provided to the Independent Remuneration Panel, to explain the roles and responsibilities of Members to the reader of the Constitution, providing context for the allowances paid. Chapter 12, Partnership Arrangements and Outside Bodies Paragraphs 1 to 4, page 12.1 Action Wherever reference is made to “area partnerships” delete the word “area”. Part 2, page 12.5 Amendment “For the avoidance of doubt, whenever a Member is appointed to represent the Council on any Outside Body or acts in their capacity as a Member of the Council on any Outside Body, then that representation should be declared in the Member’s register of interests.” 44 Full Council 18 April 2012 APPENDIX D Provisions within the Constitution that will be reviewed after the management restructure is completed, to be reported to the Council for approval at a later meeting Constitution Reference Action Chapter 6, Officers Defer until the senior management restructure has been completed Provisions within the Constitution where amendments or updates stand deferred pending publication of relevant regulations and guidance Constitution Reference Action Chapter 3, Part 1, page 3.1, paragraphs 4b) and 5b), The Cabinet When the new Standards arrangements take effect, it will be necessary to delete these subparagraphs as there will be no sanction of suspension available. Chapter 7, Part 1 and 2 Standards and the Members’ Code of Conduct Defer until the new regulations and guidance are published. Chapter 11, paragraph 13, page 11.5, Allowances while suspended from Council Duties When the new Standards arrangements take effect, it will be necessary to delete this paragraph as there will be no sanction of suspension available. Provisions within the Constitution that are to be referred for review by the relevant committees and/ or officers before amendments or updates are considered by the Constitution Working Party Constitution Reference Action Chapter 4, Overview and Scrutiny Overview and Task Group currently looking at the Overview and Scrutiny function. Defer until the outcome of the review. Chapter 7, Part 3 and 4, Employee Code of Conduct and Member/ Officer Relations Refer for consideration by the Joint Staff Consultative Committee Chapter 9, Part 1 and 2, Financial Regulations and Contract Procedure Rules Refer for consideration by the Corporate Finance Manager and Procurement Officer Chapter 10, Officer Employment Procedure Rules Refer for consideration by the Organisational Development Officer Chapter 12, Part 2, Outside Bodies Defer update until the schedule of Outside Bodies is agreed at the annual meeting of the Council in May 2012. 45 Agenda item no ______3______ LICENSING AND APPEALS COMMITTEE Minutes of a meeting of the Licensing and Appeals Committee held at 10.00 am on 14 November 2011 in the Council Chamber, Council Offices, Holt Road, Cromer. Members Present: Mrs A Claussen-Reynolds Mrs A Green Mrs P Grove-Jones Mr B Hannah Mr P High Ms B Palmer Mr R Price (Chairman) Mr R Shepherd Mr B Smith Mrs A Sweeney Mrs H Thompson Mr J Wyatt Mrs L Brettle Mr E Seward Also present: Officers in attendance: The Licensing Manager, the Legal Advisor, the Environmental Health Manager, the Licensing Administrators and the Democratic Services Officer (AA). 21 APOLOGIES FOR ABSENCE Mr B Jarvis and Mr R Reynolds. 22 PUBLIC QUESTIONS None received. 23 MINUTES The Minutes of the meeting of the Licensing and Appeals Committee held on 19 September 2011 and also the minutes of the meetings of the Licensing SubCommittees held on 14 September 2011 and 12 October 2011 were approved as correct records and signed by the Chairman. 24 ITEMS OF URGENT BUSINESS None. 25 DECLARATIONS OF INTEREST None. Licensing and Appeals Committee 14 November 2011 46 26 LICENSING ACT 2003 – REPORT COVERING 2012-11 The report provided an overview of the operation of the Act during the past 12 months. Concern was expressed by a Member that consultees were only required to respond to applications when they had a comment to make. For audit purposes, he considered that that a response should be made even if it was to state that there was no comment to make. The Licensing Manager responded that chasing up responses was not good office practice and was not required by law. There was also some confusion as to how the consultation period was calculated. The Police Licensing Officer confirmed that his team responded to all licensing applications from all authorities. This was by email and, in the case of a hearing later on, a hard copy would also be sent. In response to concerns about licensing hours for late night refreshment houses, the Licensing Inspector for Norfolk stated that, currently, many takeaway premises requiring a license did not have conditions attached to it. This was a big issue as some premises were trading beyond their licensed hours and was something which the Police were trying to highlight. The issue was raised of young people buying alcohol cheaply from supermarkets, consuming it and then creating a public order problem and also what the Council could do to prevent this. There was also the potential problem of alcohol consumption by young people at home being unsupervised. The Licensing Manager explained that, together with trading standards agencies, Council officers monitored sales of alcohol to young people. If on three separate occasions, premises sold alcohol to those who were underage, the possibility of losing their licence could be looked into. Staff in supermarkets were trained on ensuring that alcohol was not sold to anyone who was underage. The Licensing Manager believed that the Government was trying to make the price of alcohol in supermarkets more realistic, but failing because of rules by the European Union. Concern was expressed by a Member, however, that higher alcohol prices could lead to it being sold on the black market at a lower price. RESOLVED that Members note the report and support current monitoring activities, liaison groupings and compliance initiatives. 27 PRESENTATION/QUESTION AND ANSWER SESSION WITH SENIOR POLICE OFFICERS ON LICENSING ISSUES Tony Brown, Police Licensing Officer, Inspector E Brown and Chief Inspector N Baily were introduced to the meeting. They explained how the Police gave out data on licensed premises in North Norfolk. The Police were involved in managing public disorder and had dialogue with and monitored premises of concern. Copies of data showing incident rates were circulated to the meeting. The number of incidents were very low in North Norfolk. The Police worked very closely with licensees and tried to offer support. In the case of drugs, people entering premises could be screened beforehand or the premises themselves could be scanned afterwards. In the case of alcohol, young people’s details could be taken and linked with other Police authorities. The first time a letter Licensing and Appeals Committee 14 November 2011 47 sent to the young person’s parents, the second time, a talk with parents and the third time could result in the young person going to court. Test purchasing could be used to determine whether a shop was selling alcohol to someone underage. An underage person asking an adult to buy alcohol for them could be monitored. Some of these practises, however were outdated, as alcohol was purchased mainly from supermarkets and consequently obtained by young people at home. A Member who had experience of working in a prison and of being a licensee considered that most alcohol-related problems were with adults and not young people. It was noted that the Council worked with publicans to try to urge them to pre-empt incidents and ask for help. There was a need for all parties to work together and share information on, for example, common problems, intelligence, level of lighting in the street, street furniture, issued raised through neighbourhood watch. It was suggested that often a change in a premises licence could often change the type of appeal of a premises. The Police were thanked for the way in which they handled these matters. 28 LICENSING ACT 2003 – CONSULTATION ON DEREGULATION OF ENTERTAINMENT LICENSING The report related to the DCMS (Department for Culture, Media and Sport) consultation on the proposed deregulation of entertainment licensing. The Licensing Manager said that the key points arising from the consultation were that the current licensing system provided forewarning of an event for which advice could be given. If it was deregulated, this would not be possible. Also, the occasional use of venues could be a significant concern to the community and there would be no licensing framework. A Member expressed concern over the lack of control of noise levels from premises should control be deregulated. He considered that should it be left to Environmental Health Officers, their effectiveness would have limitations. Members raised other areas of concern including children cage-fighting, firework displays although these were not currently regulated. Inspector E Brown considered that the most problematic events were at premises which already had a licence in place and did not therefore need to apply for permission (or give notice) for a particular event. Police officers had already made representations to the Government about temporary event notices as there was often very little to object to on evidence grounds, if the venue had not been used in the past, and not enough detail. Members considered that it was vital for there to be a framework to work around and tools to manage events which was what licensing regulation provided. The deregulation of licensing should be objected to in the strongest terms. The Licensing Manager informed the meeting that the views of Members and Officers would be collated and signed off by the Cabinet or Portfolio Holder at the end of the month. He would email all Members with the final document but they would have the opportunity to add their own views direct to the DCMS to the points already made. Licensing and Appeals Committee 14 November 2011 48 A Member also put forward the view that there was too much regulation and it may be appropriate in some cases to deregulate it, and there was enough legislation under the Licensing Act 2003 to cover the salient points. The Environmental Health Manager pointed out that there could be danger in stereotyping events as to whether they could be problems or not and this should be taken into consideration when making a response. The Safety Advisory Group in North Norfolk tried to advise event organisers on good practice. If the proposals to deregulate went ahead, the Group would need more help. It could also impact on other service areas of the Council. RESOLVED that Members endorse a reply to the consultation. 29 LICENSING ACT 2003 – UPDATE ON TAXI WORKING GROUP AND CONSULATION ON REVISION TO HANDBOOK The report highlighted the work undertaken to date and outlined a proposed consultation exercise. Officers were thanked for all the hard work they had undertaken. The Licensing Manager explained that a points system of enforcement for breaches of licence conditions would enable the Council to give a taxi driver a visual reprimand and to sanction them A Member was concerned about introducing legislation where none was needed. The Legal Advisor added that it was important that a taxi driver would be able to disagree with points given by the Council. It was noted that approximately one third of local authorities nationwide operated a points system, including some rural Norfolk authorities. RESOLVED that Members endorse the approach being undertaken. _____________________ Chairman 26 March 2012 Licensing and Appeals Committee 14 November 2011 49 Agenda Item 5 AUDIT COMMITTEE Minutes of a meeting of the Audit Committee held on 6 December 2011 in the Committee Room, Council Offices, Holt Road, Cromer at 2.00 pm. Members Present: Committee: Mr N D Dixon (Chairman) Mr B Jarvis Mrs A Moore Mr J Punchard Mr D Young Officers in Attendance: The Acting Financial Services Manager, the Deputy Audit Manager, the Interim Accountancy Manager, the Policy and Performance Management Officer (for minute 30), the Environmental Health Manager (for minute 31) and the Democratic Services Team Leader (MMH). Also in Attendance Julian Rickett (for items 1 – 10), Sarah Brown (PriceWaterhouseCoopers) 36 APOLOGIES None received. 37 SUBSTITUTES None. 38 PUBLIC QUESTIONS None received. 39 ITEMS OF URGENT BUSINESS None 40 DECLARATIONS OF INTEREST None 41 MINUTES The Minutes of the meeting of the Audit Committee held on 13 September 2011 were approved as a correct record. Audit Committee 1 50 6 December 2011 42 AUDIT UPDATE AND ACTION LIST Members were updated on progress on actions arising from the minutes of the meeting of 13 September 2011. a) To review the working protocol: the draft Protocol for 2012/13 had been prepared. There were no significant amendments. The Committee had previously agreed that they only required any significant amendments to be reported in future. b) Partnership arrangements: a report was on the Agenda. c) Network Audit report: a briefing note had been provided for Members and was on the Agenda. d) September Audit Committee: the 2012 meeting had been programmed for 18 September. The 2012/13 Programme of Meetings was expected to be approved by Full Council on 14 December 2011. e) Terms of Reference: the Audit Committee Terms of Reference had not yet been amended. This would be addressed as part of the review of the Constitution in the New Year. f) Business Continuity: an oral update was on the Agenda. 43 AUDIT OF THE STATEMENT OF ACCOUNTS FOR THE YEAR ENDED 31 MARCH 2011 AND ANNUAL SUMMARY OF RECOMMENDATIONS The report supplemented the matters that were reported to the Audit Committee on 13 September 2012 in the 2010/11 report to those charged with governance (ISA 260 (UK & I)). Although this report had not been listed on the forward work programme it had been scheduled as a report that would normally come to the Audit Committee in the meeting following the presentation of the ISA 260. The Democratic Services Team Leader undertook to contact the Manager, PWC in between meetings to ensure that the work programme accurately reflected the reports. The summary included 20 recommendations, all of which had been agreed by management. Timetables were in place for their implementation. Members discussed the report: a) Overpayments had been made to Members who had changed their role after the 2011 election. This had been the result of human error and the money had been recovered. The Acting Financial Services Manager suggested that a trigger be put in place on the Human Resources system to prevent a recurrence. He would confirm to Members when this trigger was in place. b) In reply to a Member’s question Julian Rickett explained that the wording “We reiterate our original recommendation” was used when a recommendation had been proposed in a previous year. Officers pointed out that sometimes recommendations were not implemented because it was not possible. The limitations of the Civica system was an example of this. The Audit Committee had to consider the balance between risk, recommendations and operational necessity. c) There had been a significant number of recommendations regarding Asset Management. The Acting Financial Services Manager had been discussed this with the Council’s valuer within Property Services to ensure that recommendations were carried out and that there was an improvement for next year. d) Suspense accounts: having a balance at the year end was discouraged because they could mask other transactions. The balance held in the suspense account at the year end was £7,052.80, made up of 3 items. The Acting Financial Services Manager had presented this to the Audit Committee in September and had explained the items and the reasons they were held in suspense. Sometimes credits were received Audit Committee 2 51 6 December 2011 AUDIT OF THE STATEMENT OF ACCOUNTS FOR THE YEAR ENDED 31 MARCH 2011 AND ANNUAL SUMMARY OF RECOMMENDATIONS (Continued) without description. They were held in suspense until they could be allocated. In other organisations such accounts were called “Other Creditors” or similar. RESOLVED To note the report. 44 ANNUAL AUDIT LETTER 2010/11 AUDIT The purpose of the letter was to provide a high level summary of the results of the 2010/11 audit work that PriceWaterhouseCoopers (PWC) had undertaken at North Norfolk District Council. Reports already issued included the Audit opinion for the 2010/11 financial statements, including the value for money conclusion, the Report to those charged with Governance (ISA (UK&I) 260) and the Audit of the Statement of Accounts for the year ended 31 March 2011/ summary of audit recommendations. In the view of PWC the underlying quality of the process for producing the accounts, including the supporting papers, was good subject to several concerns that were discussed in detail with the Audit Committee on 13 September 2011. External Audit had issued an unqualified opinion on the accounts for 2010 – 11 and the value for money conclusion. There were no matters which they wished to bring to the Committee’s attention. RESOLVED To note the Annual Audit Letter 2010/11 45 PROGRESS REPORT ON INTERNAL AUDIT ACTIVITY, APRIL – OCTOBER 2011 The report provided an update to the Committee on the outcomes of audit work completed since the previous report (up to August 2011), and assessed the performance and effectiveness of the Internal Service in delivering the Annual Audit Plan between April and October 2011. Three additional audit assignments had been completed since the previous report to Committee, 57% of the work had been completed and the audit plan remained on schedule to deliver the Annual Report and Opinion of the Head of Internal Audit. Internal Audit continued to deliver an effective service to the Council. The Business Continuity audit had been moved to December because of changes in service management but would now take place in Quarter 4 because it would be more effective. The Audit Committee was receiving regular quarterly updates on this service. The audit on communications had been deferred as it was considered that there were no areas where an audit could add value. Three additional assignments had been completed since the September progress report. The outcomes of these audits were included at Appendix B to the report. The review of the waste management contract with Kier had resulted in a limited assurance opinion being awarded. One high priority item was raised in respect of the income payable to the Council for garden waste collections. Subsequent to the completion of the audit fieldwork, management had confirmed that the income due had now been received. Audit Committee 3 52 6 December 2011 PROGRESS REPORT ON INTERNAL AUDIT ACTIVITY, APRIL – OCTOBER 2011 (Continued) There had been significant improvement in timeframes to deliver final reports once the draft report had been issued. This meant that the overall time to deliver audit reports had also improved. In response to a Member’s question the Deputy Audit Manager explained that some audit reports had taken longer to deliver because of the very robust internal review process required. There was no significant impact if a report went 4 or 5 days over the target date. The quality of the report was more important than the target. RESOLVED to note the progress made in delivering the Annual Audit Plan, and the outcomes of the work of Internal Audit completed at this stage. 46 THE STATUS OF AGREED AUDIT RECOMMENDATIONS DUE FOR IMPLEMENTATION BY 30 SEPTEMBER 2011 The report provided an overview of the progress made in implementing the audit recommendations due at 30 September 2011. No high priority issues due at this stage remained outstanding, and the overall number of outstanding items had continued to reduce. Action had been taken to address areas of weakness in respect of network infrastructure in particular. There had been significant improvement in follow-up over the past year. 5 recommendations remained outstanding in respect of partnerships. The Interim Accountancy Manager was undertaking work on the Council’s partnership framework and the audit recommendations were being considered as part of this work. There were 4 outstanding recommendations in respect of the Environmental Health Service which had arisen from difficulties in finalising the contracts for pest control and dog kenneling services. In response to a Member’s question the Deputy Audit Manager said that it was easy to track the progress of recommendations because they were held in the TEN performance management system. However, there was more work to be done on updates. When a recommendation was implemented it should be updated on the TEN system but there were occasions where this did not happen. It was acknowledged that TEN was not a user-friendly system. Other systems were available but there were no plans to upgrade at present. The Acting Financial Services Manager would discuss this with the Performance Management Officer. TEN held service plans, policies, consultations and frameworks as well as audit recommendations. Training needed to be provided if the TEN system was to be retained. Members expressed concern that the TEN system had significant limitations and that the system should be reviewed in light of the best way forward for the future. RESOLVED to 1. Note the progress made to implement audit recommendations, and the areas where further work is required. 2. Add a review of the TEN system to the Audit Committee action list. 47 AUDIT COMMITTEE SELF-ASSESSMENT This item had been deferred from the meeting of 13 September 2011. However, it was agreed that to work through the Self-Assessment now could be disadvantageous to new Members who might not make input or be able to identify training needs. Members were Audit Committee 4 53 6 December 2011 AUDIT COMMITTEE SELF-ASSESSMENT (Continued) requested to complete the Self-Assessment in their own time and to return it to the Deputy Audit Manager by 16 December 2011. The Deputy Audit Manager would collate the responses into an action plan which she would bring initially to the pre-Agenda meeting, then to the March meeting of the Committee. It was noted that the terms of reference in the CIPFA guidance were significantly different from those in the Audit Committee Terms of Reference in the Constitution. This needed to be reviewed in light of the changes to public audit. RESOLVED 1. To complete the Self-Assessment and to return it to the Deputy Audit Manager by 16 December 2011. 2. That the Deputy Audit Manager should collate the responses into an action plan to be reported back to the Committee. 48 THE FUTURE PROVISION OF EXTERNAL AUDIT In August 2010 the Secretary of State for Communities and Local Government had announced that new arrangements would be put in place for auditing local public bodies in England. Since then a consultation exercise had taken place. The report updated Members with developments, including future arrangements following the abolition of the Audit Commission. Professional audit would still be necessary. It was likely that the Government would increase the list of auditors for Auditor Choice. The Council would be able to choose its own auditor although PWC would be retained for the audit of the 2011/12 accounts, after which they would have a watching brief for a period after the new auditor was appointed. The new auditors would draw up the audit plan and would have rights to use the outgoing auditor’s working papers. The same level of audit work would still be required. The consultation had placed an emphasis on the introduction of independent Members to the Audit Committee. The outcome of this was awaited but it seemed that Audit Committees could be different in the future. A further report would be brought to the Audit Committee when there was greater clarity. RESOLVED To note the report. 49 REVIEW OF THE RISK MANAGEMENT FRAMEWORK The Revised Corporate Risk Framework drew extensively on the current provisions for identifying risk, recording risk and reviewing risk while, at the same time, developing a different reporting structure to allow for ongoing risk assessment and review. Certain risks needed to be reviewed by the Audit Committee on a regular basis. The Audit Committee had a responsibility to be aware of the risks to the organization. The previous method of reporting had given a very limited overview. Audit Committee 5 54 6 December 2011 REVIEW OF THE RISK MANAGEMENT FRAMEWORK (Continued) The Audit Committee was asked to comment on the draft revised Framework. The comments would be passed to the Performance and Risk Management Board for consideration in preparing a final version. a) There was no longer a Corporate Risk Officer. The “risk owner” was the Strategic Director responsible for the risk and its mitigation, although the mitigation could be owned by someone else in the directorate. Actions would be carried out by heads of service. b) The previous framework had lacked presentation of the dynamics, key drivers and trends surrounding a risk. The final revised framework should be capable of displaying these things. c) The next step would be to populate the framework with risks and put it to the test. d) Some authorities offered risk management training or workshops to help equip Members and officers. The possibility of offering this at NNDC was being investigated by the Interim Accountancy Manager and the Organisational Development Manager. RESOLVED That the Risk Management Framework should be taken forward to the Performance and Risk Management Board and that the Audit Committee should keep a watching brief. 50 REVIEW OF THE PARTNERSHIP FRAMEWORK It was an opportune time to review the Partnership Framework. Some of the partnerships listed in the current Framework were no longer in operation and the document failed to define or categorise partnerships effectively. The revised Framework aimed not only to define and categorise partnerships but to provide Members with support when they attended meetings of outside bodies, especially when their role was that of trustee. The draft Framework was discussed: a) Regular reports should be received on major partnerships. The revised Framework would address this. b) The report suggested that there were 3 levels of partnership but it was recognised that these definitions were not absolute. The Interim Accountancy Manager would reflect on this and revise the wording if necessary. c) The arrangements put in place needed to be proportionate to the needs of the partnership. d) The governance arrangements of partnerships needed to be considered. e) The Interim Accountancy Manager invited further comments by email. f) The comments of the Audit Committee would be forwarded to the Performance and Risk Management Board. RESOLVED That comments from the Audit Committee on the revised Partnership Framework be collated and passed to the Performance and Risk Board to develop a final version to be adopted by the Council. Audit Committee 6 55 6 December 2011 51 PERFORMANCE MANAGEMENT FRAMEWORK REVIEW – DRAFT The report presented the key revisions made to the Performance Management Framework and the revised version of the document which would ensure that the Council’s approach to performance management remained fit-for-purpose and would ensure delivery of the priorities in the Corporate Plan. The key changes to the framework were: 1) 2) 3) 4) 5) Inclusion of the Annual Action Plan Removal of Organisational Development Plans from the previous Corporate Plan Removal of National Indicators Removal of Local Area Agreement Indicators Addition of collection of database of performance management reporting including information about; a. What is performance managed b. Who is responsible c. How it is managed/ by whom d. How often e. Where it is stored and in what format 6) Projects would be reported on quarterly (previously monthly) and the performance system will show clearly where reporting has not taken place The document would be circulated to all managers in NNDC and be discussed at the regular meetings between the Policy and Performance Management Officer and Managers to ensure smooth implementation. The framework would be submitted to the Overview and Scrutiny Committee alongside the first Annual Action Plan in early 2012. Comments from the Audit Committee would be communicated to Overview and Scrutiny. It was intended that the framework would then go to Cabinet and Full Council and be implemented in April 2012. Members requested that it should come back to the Audit Committee in March, before it was signed off. A Member asked how, with national performance indicators removed, we could compare our performance. The Policy and Performance Management Office replied that NNDC belonged to SPARSE who supplied key indicators for comparable councils. It was, however, more important to set targets to fit the needs of North Norfolk. RESOLVED That a further report should be made to the Audit Committee in March 2012, before the Performance Management Framework went to Full Council. 52 NETWORK INFRASTRUCTURE, SECURITY AND TELECOMMUNICATIONS AUDIT A briefing note had been received from the ICT Manager updating Members on progress with the implementation of audit recommendations. Members were satisfied with progress and NETWORK INFRASTRUCTURE, SECURITY AND TELECOMMUNICATIONS AUDIT (Continued) RESOLVED to remove the Network Infrastructure, Security and Telecommunications Audit report from the Action List. Audit Committee 7 56 6 December 2011 53 BUSINESS CONTINUITY a) The Business Continuity Working Group would reconvene on 15 December 2011, meeting monthly thereafter. Members were asked if they wished to make a nomination as there had previously been Member representation. The Chairman advised Members that CIPFA guidance advised against the Audit Committee getting involved in executive matters. It was decided that the Portfolio Holder, Mr J Lee, should be asked to join the Group. b) The Business Continuity Manager was producing a diagram which indicated the potential risks in each service area. This would be included in the next report to the Committee. c) There had been 2 disruptive events recently: i) Very high tides on 26 November 2011: there had been significant work for the flood wardens and minor flooding. This had led to a review of some of the arrangements particularly regarding the shutting of flood barriers and ensuring effective communications. ii) Industrial Action on 30 November 2011: Civil Contingencies staff had gone round the office checking services for ability to maintain services and meet legal requirements. In most teams it had been a matter of deferring work until the next day. There would be a debriefing at the Business Continuity Working Group. d) Arrangements for provision of a generator were being reviewed. Members were concerned that an arrangement had not yet been put in place and asked that this should be actioned before the next meeting. e) The corporate plan was under review. It was still valid but some posts had changed or no longer existed. f) In the event of the main office being unusable business arrangements could be up and running in the Annexe in about an hour although some of the systems, such as Revenues and Benefits, would take longer. It was acknowledged that if the disruption to business had been caused by fire this arrangement might not be viable. If all else failed there was still a reciprocal arrangement with Victory Housing Trust. g) Future objectives for the next 6 months included: i) Reinstating the Business Continuity Working Group ii) Revising the template for team business continuity plans. iii) Identifying those teams which needed plans. iv) Ensuring that teams completed their individual business continuity plans. h) In response to a question from the Committee the Environmental Health Manager said that there were 41 teams but that some might be covered by an over-arching plan. There would be more clarity on this when the next report was brought to the Committee. i) Members were concerned that there had been little progress with business continuity over a significant period of time, although they recognised that there had been problems regarding staffing. RESOLVED That the report made to the Committee in March 2012 should include information about the risks to each service area, the number of team business continuity plans in place and confirmation that arrangements for a generator were in place. Audit Committee 8 57 6 December 2011 54 AUDIT COMMITTEE WORK PROGRAMME The following updates were made to the Audit Committee Work Programme for March: a) The Audit Plan, Audit Letter and Annual Grant Certification Report would be received from PWC. b) The Performance Management Framework would be brought back to the Committee. c) The Self-Assessments would be brought to the Committee as an Action Plan. RESOLVED To note the Work Programme. The meeting ended at 5.00 pm. ______________________ Chairman Audit Committee 9 58 6 December 2011 Agenda Item___4___ OVERVIEW AND SCRUTINY Minutes of a meeting of the Overview and Scrutiny Committee held on 25 January 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr E Seward (Chairman) Mr R Shepherd Mr B Smith Mr R Smith Mr P Terrington Mr G Williams Mrs A Claussen-Reynolds Mrs A Green Mr P Moore Mr J Perry-Warnes Mr R Reynolds Officers in Attendance: The Sustainability Co-ordinator (for item 112) The Strategic Director Environment (for Items 112 - 115) and the Democratic Services Team Leader Members in Attendance: Ms V Gay, Mrs A Fitch-Tillett, Mr P High, Mr K Johnson, Mr J Lee, Mrs A Moore, Ms B Palmer, Mr S Ward and Mrs V Uprichard Democratic Services Officer (ED) 101 APOLOGIES FOR ABSENCE Apologies were received from Mr R Wright 102 SUBSTITUTES None 103 PUBLIC QUESTIONS Questions had been received for the item on Flooding at Walcott. These would be taken when the item was considered. 104 MINUTES The Minutes of the meeting held on 13 December 2011 were signed as a correct record. 105 ITEMS OF URGENT BUSINESS None received Overview and Scrutiny Committee 1 59 25 January 2012 106 DECLARATIONS OF INTEREST None 107 PETITIONS FROM MEMBERS OF THE PUBLIC The Democratic Services Team Leader updated the Committee on petitions from members of the public. No further petitions had been received via the e-petitions facility since the last meeting. 108 CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None. 109 RESPONSES OF THE COUNCIL OR CABINET TO THE COMMITTEE’S REPORTS AND RECOMMENDATIONS Cabinet’s proposal that the Big Society Fund should be subject to pre-scrutiny had been welcomed by the Committee. The item would be considered at a special meeting on 31 January 2012. 110 THE FORWARD PLAN The Democratic Services Team Leader reminded Members to check the Management of Council Business matrix that was circulated weekly to ensure that they were kept up to date with the reports coming to Cabinet, Overview and Scrutiny and Full Council. 111 NORTH NORFOLK HEALTH TRAINER SERVICE The Portfolio Holder for Health and Wellbeing introduced this item. She explained that local authorities now had responsibility for public health. Although the Health Trainer Team was employed by the NHS, they would be based at the Council Offices enabling a close working relationship which she hoped would form the basis of a long term partnership with health providers locally. John Russell, Health Trainer Co-ordinator for North Norfolk gave a brief presentation on the work of the Health Trainer Team. He said that there were 6 trainers each working 30 hours a week. They provided a service to anyone over the age of 16 and aimed to provide motivation, support and guidance to help them improve their health and wellbeing. This approach fitted in well with the Council’s Health Strategy and tied in with the rest of the county where health trainer teams were already operating. The biggest challenge was the distance that needed to be covered and finding suitable accommodation for visits. Members discussed the presentation: a) The Chairman asked how long the project had been going. John Russell explained that it had been established countrywide in 2006 and started in Norfolk in 2010 in Thetford, Kings Lynn and Norwich. The North Norfolk service intended to have an initial ‘soft’ launch at 3 medical practices to make sure the general approach was right. b) A Member asked for clarification regarding the type of venues the team required. John Russell said that the room should be suitable for up to 3 people and must be private. Overview and Scrutiny Committee 2 60 25 January 2012 c) The issue of mental health was highlighted. The remit of the Health Trainer Service did not appear to cover this. John Russell explained that there was a Mental Health service that offered that same service as the Health Trainer Team but focussed on mental health issues. People would be signposted to this service if it was felt that it was more relevant to them. d) A Member asked whether GPs referred people to the service. John Russell said that experience showed that around 65% of referrals came from medical practitioners. In response to a further question regarding other methods of referral, he said that it was hoped that the official launch in June 2012 would highlight the service to the public. e) The issue of self-referral and how the service was promoted to people was raised. John Russell said that people needed to be ready to change and that if they were referred by their GP when they were not interested in changing their lifestyle then they would not engage. Previously links with the home library service had worked well as it was an effective way of reaching residents who were housebound. f) The size of the area that was covered by the Team was commented on. It was felt that it was very large and that it would be necessary to target particular areas initially. John Russell said that the Council had directed the Team to the places within the top 40% of deprivation. In response to a further question regarding obesity in children, it was explained that the Health Trainer Service focussed on people over 16 and that the school medical service would deal with younger people often on a whole family basis. g) There was a concern that the limited number of staff would struggle to cover such a large area. John Russell said that it was intended that they would spend time in each area over a two week period. This would allow for fortnightly consultations with people. It was hoped that some sessions could be provided via email or over the telephone. The technology was currently being put in place to enable this from June 2012 onwards. There would also be an electronic referral form on the website. h) The Chairman asked how long the project would be running for. John Russell said that it would run until April 2013 when the service would be put out to tender. AGREED 1 That future Health Strategy updates to the Committee would include the work of the Health Trainer Team. 2 That a copy of the presentation would be published in the Member’s Bulletin. 3 The Health Trainer Team would provide an update to the Committee in 12 months on their progress and achievements. 112 ENVIRONMENTAL SUSTAINABILITY STRATEGY REVIEW The report outlined progress with projects in the Carbon Management Plan and wider sustainability work. It included a draft revision of the Council’s Environmental Sustainability Strategy. Members discussed the report: 1. A Member asked whether the Greenbuild event would continue. The Deputy Leader said that it would and it was hoped that the event would continue to be sponsored by an external organisation. In response to a further question as to whether the event depended on sponsorship, the Deputy Leader said that it did not but that there was a finite budget. 2. The recent changes to the Feed-in tariffs and the likely impact on uptake was raised. The Sustainability Coordinator said that it was probable that there would be a reduction in uptake and this would become clearer over the next 6 months. Overview and Scrutiny Committee 3 61 25 January 2012 3. 4. 5. 6. 7. However, there were still good deals available and she was confident that demand for renewable technologies would remain reasonably strong. The cost of energy use at the Council Offices was raised. A Member asked whether there had been an in-depth study into how energy use could be reduced further. The Sustainability Coordinator said that the Carbon Management Plan had looked at this issue closely. Electricity was the main cost. Only the servers were left on continuously now. Lights and PCs were turned off overnight. The Strategic Director – Environment added that the Council’s Property Services team had arranged for an in-depth study of council buildings. This included the leisure centres where there was a huge use of energy – particularly at Splash in Sheringham. A Member asked whether the Sustainability Coordinator was confident that the Council would achieve its target of reducing CO2 emissions by 33% by 2014. She replied that the Council was not on target at the moment. There had been several mitigating factors and these were being dealt with but it was likely that the target would need to be lowered. The lack of a back-up generator at the Council offices was raised. A Member suggested that a renewable energy source should be considered. The Strategic Director – Environment said that the main priority was having access to an alternative energy supply quickly and that would be the main priority and govern the selection of a suitable resource. In response to a further question regarding the necessity of providing power to the whole building in the event of a power-cut, the Strategic Director said that it was necessary as there would be no way of knowing how long the power would be out for. Mr R Reynolds suggested that obtaining a smaller generator, capable of providing power for telephones, ICT and other essential items should be considered. A Member asked how many of the 30 projects within the Carbon Management Plan had been completed. The Sustainability Coordinator said that it was at least 10 but this would be confirmed at the next update to the Committee. The ongoing power-saving campaign for staff was highlighted. It was felt that this should be enforced strictly if savings were to be made. The Sustainability Coordinator explained that there had been a continual fall in energy use since the start of the campaign. She added that PCs had been fitted with a power-down plug and the Environmental Health team were trialling timers on their shared printers. Environmental Sustainability Strategy Review April 2012 – March 2015 The Committee was invited to comment on the new draft Environmental Sustainability Strategy which was due for review by April 2012. The following points were made: a) The most important part of the document was the Foreword which mentioned the importance of achieving a balance between protecting the environment and maintaining social and economic development. It was felt that this approach was not reflected fully throughout the strategy document. (p.17) b) The targets and Action Plan needed adjusting slightly. (p. 25 – 30) c) The Council should be more pro-active in attending outside events and parish council meetings to promote awareness of sustainability issues. (p.26) d) Plain English should be used where possible to ensure all stakeholders are able to understand the strategy. e) The corporate approach to sustainability seemed separate from the economic approach. More could be done to draw them together. f) Green business start-ups should be included within the strategy. g) It was not clear whether the reference to the impact of development on designated wildlife sites and protected species was limited to the Council or whether other organisations were involved. Overview and Scrutiny Committee 4 62 25 January 2012 h) Councillor Glyn Williams offered to suggest amendments on the document in writing on behalf of the Committee, which would be considered with the comments above in the final draft. 113 FLOODING AT WALCOTT David Kemp and Carol Maystan, representatives of the Environment Agency, were attending the Committee to address concerns regarding flooding at Walcott on 27th November 2011. The Chairman read out some questions from the local Member for Walcott, Councillor Lee Walker: a) Please can you explain to the Committee how the current flood warning system works? b) Why do you think the warning system failed in November 2011? c) Can you explain why several people registered with the warning system did not receive a call – including Tony Andrews the Head warden? d) What contingency plan is in place for when the power lines fail? Would sirens not be more effective on such occasions? e) What more do you feel the Environment Agency can do to ensure a safe and reliable system is in place? David Kemp said that he would try and respond to the questions during his presentation to the Committee. He began by explaining how the Environment Agency’s flood warning service worked. Coastal areas were given 12 hours warning and there were three levels: • • • Flood Alert – low lying floods, properties would not be affected Flood Warning – some properties could be affected Severe Flood warning – possible danger to life Residents must be registered with the Agency to receive these warnings and they were issued by telephone (landline and mobile), text and email. The Environment Agency received feedback on how many calls had been answered and were able to request a multi-agency response if they felt an insufficient number of people had been alerted. Following the flood in Walcott in 2007, it was agreed that there should be flood warnings specifically for Walcott as areas of the village could flood even when the levels were relatively low. In November 2011 a flood alert was issued at 10.45am in anticipation of the high tide at 7.30pm. Properties would not be affected but it was likely that there would be water on the road and this proved to be the case. Flood alerts were only issued to those people who had requested them. Following the incident in November, letters were sent to all households registered with the Environment Agency explaining what a flood alert was and giving them the option to receive them in future. David Kemp explained that the sirens had been provided and operated by the County Council and that the Environment Agency was not involved in the decision to remove them except to state their position of the sirens not being required. Their system had always operated independently of the sirens. Looking to the future, David Kemp stressed that it was important that residents worked with the Environment Agency. He added that work was being undertaken on wave forecasting which would make flood predictions more precise and that Walcott would have a flood alert of it’s own in future. In addition, more advice would be provided to residents on what they should do when a flood warning was issued. Overview and Scrutiny Committee 5 63 25 January 2012 The Chairman invited Jan Deakin, Chairman of Walcott Parish Council to put forward questions on behalf of the Parish Council: 1. Why was nobody apparently issued with any warning about the incident a few weeks ago except the flood wardens? 2. Why is the demarcation of the area that can be registered for flood warnings so abrupt? One possible problem with this is that you might want to make sure where your cat is during and event like the other evening or somebody in the village may want to be alerted so that they can check on an elderly or infirm neighbour. There is an element of social responsibility required in such situations; as Parish Councillors we feel a certain responsibility to be aware of any possible crisis in our village in order to be able to give support and be able to react as required. 3. What happens if the phones/electricity go down during an incident? How are they going to issue warnings? 4. Is it moral that the local primary incident response is left to unpaid amateurs? (No disrespect intended to our flood wardens who did manage the latest situation extremely well) In addition, Pauline Porter a local resident asked the following questions: 1 2 As a former Civil Protection officer for another parish, I have been registered to receive all of the flood alerts and warnings. I did not receive an alert on the 27th November 2011 and this could have had serious consequences for my neighbour as she is on oxygen and I need to assist her during an emergency. Why did I not receive an alert on this occasion? Does the Environment Agency ever attend the scene to study the water levels in Walcott? David Kemp said that he would look into the problems relating to registration for flood alerts. Residents should contact Floodline and they would pass the information on to his team and ensure that they were registered. He offered to attend a meeting to explain the process to local residents. The Chairman invited Paul Morse, County Councillor for North Walsham East and North to comment on the discussion so far. Mr Morse said that he felt that it was vital that the problem was solved. He said that multi-agency working could prove challenging and that the problems that occurred during the flood of 2007 had not been resolved. There seemed to be a real difficulty with people understanding the difference between a flood alert and a flood warning and there needed to be a continual campaign to ensure awareness was maintained. Members discussed the presentation: a) Mr B Smith, Local Member for Mundesley Ward, which was adjacent to Walcott said that he had visited Walcott the day after the flood in November 2011 and spoken to several residents. There seemed to be an inconsistency in who had received the alerts. He highlighted the fact that a policeman on foot had alerted a residential home. He also had concerns that the flood warning system seemed to rely on contacting people by landline. On this occasion the phone lines had been down for two days. David Kemp said that he accepted that there had been problems regarding registration for flood alerts. In response to the concern regarding phone lines, he said that the data indicated that 79% of calls got through on this occasion. Overview and Scrutiny Committee 6 64 25 January 2012 b) The Chairman asked if there was any contact with people in the affected area who could appraise the Environment Agency of the situation on the ground. David Kemp said that they would welcome any reports from the scene that could assist the Agency to control the situation. c) Several Members commented that the system would be more effective if all residents could be registered for all three levels of flood warning. David Kemp said that since 2007 automatic registration had been allowed. However, flood alerts were not included in this arrangement. d) A Member asked about visitors staying in the area and how they were alerted when there was a flood. David Kemp said that this was a big challenge. Several of the holiday camps were registered for alerts but not all. The Environment Agency was looking into the possibility of cell broadcasting – when a message was sent to all mobile phones in a specific area. In response to a further question as to whether they used the Radio Amateurs Emergency Network (RAYNET), he confirmed that they did. Two of the questions received from Walcott Parish Council referred to the District Council. The Chairman invited John Lee, Portfolio Holder for Environmental Services to respond: 1. Could NNDC provide us with the evidence, in the form of accredited peer reviewed scientific studies that show that the use of warning sirens is likely to induce mass panic or that they are less effective and reliable than the high technology system they advocate. What evidence is there about the relative costs? We believe that the electorate are entitled to see the evidence that our democratic representatives are using to guide their decisions. Councillor Lee said that the decision to remove the sirens was taken by the County Council and that the District Council had not been involved. 2. Now that the NNDC is not to issue sandbags and is passing its stock to a parish like Walcott, what guidance/policy/budget will be passed over to the parish? Is the NNDC now abdicating its civil protection role? Councillor Lee confirmed that the District Council had withdrawn the offer to provide sandbags on advice from the Environment Agency. It was felt that they were relatively ineffective against flood waters and that flood boards would provide better protection. As a consequence the Council was donating its remaining supply of sandbags to parishes that wanted them. He suggested that Walcott should be represented on the Senior Flood wardens group if this was not already the case. The Chairman suggested that the issue of sandbags could be considered further during the next item - Civil Contingencies Update. It was agreed that the Committee would like to be kept informed of any developments regarding flooding at Walcott and that this should be covered in future updates to the Committee on civil contingencies and emergency planning. AGREED To receive a regular briefing on flooding at Walcott as part of the Civil Contingencies Update. 114 CIVIL CONTINGENCIES AND BUSINESS CONTINUITY UPDATE The report provided a six monthly update on civil contingencies and business continuity planning, the progress made to date, ability to respond to any disruptive events that had recently occurred and the outline of future objectives. Overview and Scrutiny Committee 7 65 25 January 2012 Members discussed the report: a) The Chairman requested that Members should be kept informed of any changes or amendments to emergency and business continuity plans. It was important that all Members were aware of the out of hours emergency contact number. The Strategic Director – Environment said that the out of hours arrangement continued as previously, the only change was that there would be one officer on call now, with a standby system in place. b) A Member asked why the supply of sandbags was being withdrawn and whether the decision had been made on the basis of cost. The Strategic Director – Environment said that the scheme cost £8000 a year and that the sandbags needed to be renewed regularly due to rot. In addition, the provision to supply sandbags via the waste contractor was no longer in place. In response to a further question regarding whether residents had been made aware of the decision to withdraw the provision of sandbags, the Strategic Director – Environment said that the Council had contacted residents who had used the service previously and information had been provided on the Council’s website. He added that it was not a district council function to provide sandbags and that they would be working with local groups and the Environment Agency to increase awareness. From an insurance perspective homeowners were expected to take their own measures to protect their home from flooding. c) The possibility of providing economic assistance to residents for flood protection was raised. The Strategic Director – Environment said that the Council did not provide financial assistance but that items such as flood boards were very effective and inexpensive to install and maintain. d) The Chairman asked for further information regarding the impact of the industrial action on 30th November on business continuity. The Strategic Director – Environment confirmed that the early forewarning of the event helped to mitigate the impact on the Council’s services. He added that it provided a good opportunity for managers to review their business continuity plans. AGREED That details of the emergency out of hours contact number would be published in the Member’s Bulletin on a regular basis. 115 WASTE CONTRACT UPDATE The Strategic Director – Environment updated the Committee on the waste contract: a) There had been no disruption to the waste and recycling collections over the Christmas and New Year period. b) Changes to the collection rounds during the autumn had gone relatively smoothly c) The outstanding software issues with the contractor were being dealt with. d) Improvements had been agreed regarding cleansing operations in market towns. e) Litter picking would commence shortly until Easter. f) The first draft of the Annual Contract Improvement Plan was now in and any changes would be implemented from 1st April 2012. g) The public conveniences were being cleaned to a high standard. Two were currently closed for essential maintenance. h) The Edgefield landfill site would close in 2013 and alternative arrangements were being agreed. Overview and Scrutiny Committee 8 66 25 January 2012 i) Following the departure of the Environmental Services Manager, the Council had entered into a shared management arrangement with King’s Lynn and West Norfolk Borough Council. It was working well so far and would be kept under review. Members discussed the update: 1. The Chairman asked who Members should contact now if they had any concerns regarding waste. The Strategic Director – Environment said that if it was a minor issue then they should contact the technical officers in the Environmental Services team. If it was a major concern then they should contact the Environmental Services Manager, Barry Brandford. 2. The local Member for Lancaster North, Mrs A Claussen-Reynolds, praised the quick response to the concerns about litter picking in Fakenham. The concerns had been particularly about the verges near Morrison’s, the football ground and traveller site and on the Norwich Road but litter picking was essential to all areas of the town. She asked whether there was a possibility that the Council’s waste contractor could go into administration given the recent collapse of Norwich City Council’s environmental management contractor, Fountains. The Strategic Director – Environment explained the Council’s waste contractor, Kier was very different to Fountains and was financially backed by a large construction company. They had a good working relationship and it was unlikely that the partnership would end prematurely. In response to a further question as to whether there was a contingency plan in place, he said that in the unlikely event of contract failure it was probable that there would be several companies who would be keen to take over the work. 116 OVERVIEW AND SCRUTINY UPDATE The Democratic Services Team leader updated the Committee on progress with topics in its agreed work programme 1. The Housing Strategy: this involved several pieces of work being drawn together. The Housing Services Manager had proposed that it should be presented to the February meeting of the Overview and Scrutiny Committee. 2. The Constitution: there had been a recent audit of corporate governance arrangements. The Constitution Working Party would be approved at the February meeting of Full Council with the aim of having the review completed by April 2012. 3. Task and Finish Group: the Group had met once and the meeting had gone very well. It was anticipated that they would meet again with the aim of bringing a report to the Overview and Scrutiny Workshop in April. 4. Annual Plan: The Deputy Chief Executive was working on a timetable for this item. It would come to the Committee for consideration following the public consultation. 5. Public Transport Time and Task Limited Panel: little progress had been made to date. Councillor Roy Reynolds reported that an expert would be attending the panel regarding buses. It was hoped that there would be pressure brought to bear on the bus companies regarding timetabling and allowing communication between operators. 6. Councillor Annie Claussen-Reynolds updated the Committee on information regarding ambulance response times. Additional information was now available regarding performance in North Norfolk against the 8 minute emergency response standards. The East of England Ambulance Service NHS Trust (EEAST) had been invited to attend the next meeting of the East of England Health Scrutiny Chairs Forum on 23 February 2012. Councillor Claussen-Reynolds would report back at a future date on the outcome of this meeting. She also outlined the current work programme for the Norfolk Health Overview and Scrutiny Committee (NHOSC). Overview and Scrutiny Committee 9 67 25 January 2012 AGREED That the Housing Strategy would be presented to the Overview and Scrutiny Committee on 15th February 2012. The meeting concluded at 13.03 pm _________________________ Chairman Overview and Scrutiny Committee 10 68 25 January 2012 Agenda Item___4___ OVERVIEW AND SCRUTINY Minutes of a special meeting of the Overview and Scrutiny Committee held on 31 January 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr E Seward (Chairman) Mrs A Claussen-Reynolds Mrs A Green Mr B Jarvis Mr P Moore Mr J Perry-Warnes Mr R Reynolds Mr B Smith Mr N Smith Mr R Smith Mr P Terrington Mr G Williams Officers in Attendance: The Deputy Chief Executive Members in Attendance: Ms V Gay, Mrs A Fitch-Tillett, Mr P High, Mr T Ivory, Mr K Johnson, Mr J Lee, Mrs A Moore, Ms B Palmer, Mr S Ward and Mrs V Uprichard Democratic Services Officer (ED) 117 APOLOGIES FOR ABSENCE None received 118 SUBSTITUTES Mr N Smith for Mr R Wright 119 PUBLIC QUESTIONS Questions had been received in advance of the meeting. These were taken when the item was considered. 120 ITEMS OF URGENT BUSINESS None received Overview and Scrutiny Committee 1 69 31 January 2012 121 DECLARATIONS OF INTEREST Member(s) Mrs A ClaussenReynolds Minute No. Norfolk Community Foundation Mr N Smith 122 NORTH NORFOLK FRAMEWORK Item North Norfolk Big Society Fund BIG SOCIETY FUND – Interest Personal – is an NNDC representative on the Fakenham Area Partnership Personal – is involved with an organisation that had received funds via the NCF PROPOSED OPERATIONAL Councillor Trevor Ivory, Portfolio Holder for Localism and the Big Society introduced the item. He explained that the same three funding streams were still proposed: community grant giving, community capacity building and support for the voluntary sector. The focus of the meeting was to consider the detail of the community grant giving aspect of the Fund before it was presented to Full Council on 22 February 2012. The other two streams would be provided via the voluntary sector and would be specified, costed and monitored through a service level agreement (SLA). A three month extension to Voluntary Norfolk’s existing contract was proposed to allow them additional time to put a suitable support structure in place. The Portfolio Holder drew the Committee’s attention to the allocation of the funding. The total available for the launch in 2012/13 was £1.169 million, with £675,000 approximately being available on an ongoing basis. A remaining, unallocated sum was from unspent funding for the Local Strategic Partnership. It was anticipated that some of this money would be held back and used through subsequent years. The Chairman introduced Mr Graham Tuttle, Director of the Norfolk Community Fund (NCF). It was proposed that the funding stream for community grant giving would be administered on behalf of the Council by the NCF. Mr Tuttle said that he would explain the role of the Community Fund to the Committee and was willing to answer any questions relating to their work. Several questions had been received in advance of the meeting and it was agreed that these would be addressed by both The Portfolio Holder and Mr Tuttle, where appropriate. Ms Angela Simkiss, Project Manager of First Focus in Fakenham had submitted the following questions: a) When will there be a clear strategy for use by small charitable organisations to enable them to present their services for commissioning opportunities and is it likely to be before April 2014? b) As much of the funding received by small charities from statutory bodies has now effectively ceased and the prospect of gaining income from commissioning their services is still very vague, could you advise as to the best way to maintain the valuable local services currently offered by such organisations? The Portfolio Holder said that support to charitable organisations was an important part of the Big Society Fund and this would come through the service level agreements with Overview and Scrutiny Committee 2 70 31 January 2012 the voluntary sector. He added that funding from the community grant giving fund was also available to charities. In response to the second question, he said that the commissioning of services was not within the remit of the Big Society Fund. However, it was part of the Council’s wider agenda. It was within the corporate plan as an objective and the County Council were also considering options. Mrs Gloria Lisher, Chairman of the Fakenham Area Partnership had submitted the following question: 1. What checks and balances are in place to ensure that the new organisation which decides and distributes funding is efficient and meets the necessary criteria of giving funding equally and fairly to voluntary organisations in the North Norfolk area? The Portfolio Holder said that the eligibility criteria for applications to the Big Society Fund ensured that funding would be distributed fairly. In addition, the decision-making process for allocating grants would be politically balanced. Several questions had been received from Janet Holdom, Coordinator of the Fakenham Area Partnership: 1. The constant response from NNDC Members is that no funding will be given for administration costs. What does this include? Surely telephone, broadband, IT support, stationery, printing, postage and some organisational time are crucial to almost every project you’re likely to be seeking support for. The Portfolio Holder explained that core funding was not covered by the Fund. Administration costs linked to the delivery of projects would be included but general overheads would not. This was in-line with other grant-giving organisations. 2. Recently, when I was enquiring about the possibility of funding for marketing software connected with the Fakenham Community Campus project, Norfolk Community Foundation informed me that they are not accepting any funding applications from local area partnerships (LAPs). I explained this was not in relation to core costs but for project equipment and was told that it was not their policy to fund LAPs for any activity Mr Tuttle explained that the Norfolk Community Foundation was not a decision-making body. It distributed funds on behalf of other organisations and projects needed to be in line with the aspirations of the fund. Each year the NCF received £3m of requests for £1.5m of funding. It was impossible to support everyone that applied but there was definitely no bias against anyone or any organisation. 3. I am concerned that there is an inbuilt bias against LAPs within the Norfolk Community Foundation, specifically with regard to the North Norfolk Community Fund Mr Tuttle said that there was no built-in bias against the Local Area Partnerships. The NCF processed any applications they received and presented them to any eligible panel. All applications were presented in a standard format and if they didn’t fit the criteria then they would be signposted to a more suitable source of funding. The Portfolio Holder added that the LAPs were encouraged to apply to the Big Society Fund but that core funding was not covered and this applied to everyone. 4. Is the Norfolk Community Foundation the best choice to manage the new Big Society Fund, with a history of questionable independence and neutrality? Overview and Scrutiny Committee 3 71 31 January 2012 The Portfolio Holder said that various options for administration of the Fund had been considered, including managing it internally. The NCF was able to run the Fund very efficiently and their knowledge of other funding sources meant that the potential of the Big Society Fund would be maximised as applicants could be signposted to other funding sources if they did not meet the criteria or their application was unsuccessful. Mr Tuttle added that the NCF was an independent organisation and that its aim was to get money out to the local community. Decision making was not within its remit – it processed the applications and presented them to the most appropriate funding panel. The NCF worked closely with several other bodies to ensure that as many sources as possible were available to those seeking funding. 5. Is a 12% administration charge (a potential £84000 fee) the best value for money? Mr Tuttle said that the administration charge was 6% which amounted to £27000. This was comparable to the amount paid by other local authorities. 6. The Norfolk Community Foundation application form is overly bureaucratic and not very efficient in terms of time response. Mr Tuttle explained that it was a standard application form and the same template was used by all 57 community foundations across the country. There were 17 pages in total including several pages of guidance notes. All the information requested on the form was there to support the reputation of the donor and their funding. Applications took approximately 3 weeks to process and could also be submitted online. 7. Regarding actual applications to the Big Society Fund – can a prompt and sensitive response time be built into the application process? Regular meetings and faster turnaround sensitive to community groups needs rather than the current funding panel’s time management. The Portfolio Holder explained that there were two levels of application. Requests for over £5000 would be approved by the Cabinet at their monthly meeting. Applications for less than £5000 would be assessed by a Committee which would meet as regularly as necessary. The eligibility criteria had been kept to a minimum to ensure the process was simple. The Chairman asked whether applications that required Cabinet approval were subject to a call in by the Overview and Scrutiny Committee. The Deputy Chief Executive explained that requests under £10000 could be dealt with under delegation. Anything over £10000 could be called in. 8. Regarding qualification criteria – can there be clear guidelines as to what is ruled in and ruled out so the goal posts can’t be moved whenever it is politically expedient? The Portfolio Holder reiterated that the criteria were not overly prescriptive so that the application process was simple and to encourage as many people as possible to apply. The Committee considering applications would be politically balanced. He added that any changes to the eligibility criteria would be a decision for Full Council. The Chairman asked the Committee whether they wished to clarify any of the issues raised so far: 1. A Member asked where the gap would be filled for projects such as Voyager which required significant input in terms of ideas for activities. Mr Tuttle said that funding had been supplied for the Griffon Partnership which ran the Voyager Community Overview and Scrutiny Committee 4 72 31 January 2012 2. 3. 4. 5. Group. The NCF were willing to advise any project on how to fill a funding gap. They would work with organisations to try and anticipate any future needs and find suitable organisations that could assist. A concern was raised that support was lacking at local level for small projects and they would begin to disappear without the support of the Local Area Partnerships. The Portfolio Holder said that the Local Area Partnerships would continue to operate. The Big Society Fund was being set up in recognition of the support needed for local projects. It was important that the community decided which projects they would like funding for. He added that capacity building was critical in ensuring sustainability and this was a vital part of the support structure that was being proposed. A Member asked whether the NCF were able to advise an applicant if the amount of funding requested was too high. Mr Tuttle said that was not the role of the Foundation, however, they may be aware of cheaper sources or providers for equipment or facilities and they could advise the panel that a lower amount may be more appropriate. The final decision would always lie with the panel. Clarification was sought on the meaning of core funding. The Portfolio Holder explained that projects would need to cover costs for administering an individual project but general overheads and ongoing costs for office staff would not be included in the funding. He said that it was important that the maximum amount of money reached the front line and that organisations did not become dependent on funding. It was hoped that the Big Society Fund would encourage more people to volunteer their services and this was unlikely to happen if people were paid to take on such roles. A Member asked whether an organisation could reapply for funding once it had been refused. The Portfolio Holder said that there was no limit on the number of applications that could be made and no time limit. In response to a further question regarding advice on altering applications to maximise the chances of obtaining funding, Mr Tuttle said that the NCF were willing to do this. They employed 3 dedicated grants officers and they would always try and ensure that applications were of the highest standard and went to the most appropriate fund. Sometimes funding would be shared between panels. Voluntary Norfolk and the Norfolk Rural Community Council (NRCC) would also help with the application process. The Chairman asked the Committee if there were any specific questions for Mr Tuttle relating to the Norfolk Community Foundation. 1. A Member asked how many staff were employed by the Foundation and if there were any volunteers. Mr Tuttle confirmed that there were 5 members of staff and 5 volunteers. They were based in Norwich and had no premises costs. A donor paid 50% of Mr Tuttle’s salary. This meant that only 4-5% was spent on core costs each year. 2. Clarification was sought regarding the application process and whether the NCF checked to see if applicants had sought funding elsewhere. Mr Tuttle said that the NCF was aware that people made duplicate applications to several funds. There were 12 charitable trusts in Norfolk and they met 4 times a year. Four charities were invited to each meeting to pitch direct for funding. The NCF recognised that there were lots of vulnerable organisations and they would even approach them direct if they became aware that they were struggling and offer support in obtaining funding. 3. A Member asked how easy it was for smaller groups or individuals to apply for funding. Mr Tuttle said that the NCF supported both registered and unregistered charities. They were the only organisation in the region to support unregistered charities. Overview and Scrutiny Committee 5 73 31 January 2012 The Chairman asked the Committee for comments and questions relating to the proposed operational framework of the North Norfolk Big Society Fund: 1. A Member was concerned that the profile of the Council should not disappear within the Community Foundation’s general branding. It should be made clear to potential applicants that the Big Society Fund was an initiative of North Norfolk District Council. The Portfolio Holder agreed. He said that it was important that the Council received credit for the Fund. He explained that the NCF would direct applicants to the Council and that all information provided would be clearly branded with the NNDC logo. Once applicants were directed to the Big Society Fund, additional information would be requested and then explored further in dialogue. 2. It was important that the Council worked closely with the organisation responsible for capacity building. They should work as a partnership and the terms of the Service Level Agreement (SLA) should be negotiated rather than predetermined. 3. Links between the Council and parish and town councils were very important and should be strengthened if the Big Society Fund was to achieve its full potential. 4. The Chairman suggested that a cap of 5% could be placed on administration costs for each application. 5. There was no upper funding limit for the Big Society Fund but it could be made clear to applicants that grants for large amounts would be exceptional. 6. Large projects may need funding for longer than the 1 year stated. It could be acknowledged within the eligibility criteria that funding could be extended but that it was dependant on the continued receipt of second homes income from the County Council. The Portfolio Holder said that it was stated within the appendices to the framework document that 2 years funding could be proposed, with 50% in the second year coming from other sources. 7. The £5000 trigger for Cabinet to consider applications to the Fund could be too low and could generate a considerable amount of work for them. 8. There should be regular reports back to the Scrutiny Committee on the progress of the Big Society Fund. 9. A Member queried the cost of back office support for the Fund. The Portfolio Holder said that 6% (£27000) would go the Norfolk Community Fund and £50,000 would go towards community capacity building. In response to a further question regarding concerns about the Voyager Project in North Walsham, he said that he would look at their needs in further depth. 10. There was a concern that parish and town councils were not empowered enough to represent the views of their communities. The Portfolio Holder said that it was fundamental that more power was driven down to parish and town councils. The Big Society Fund would encourage this by allowing them to apply for funding for community projects. 11. It would be helpful if a detailed annual report could be produced providing an analysis of donations. Nr Ivory explained that the Council would use its own panel to determine applications and that a detailed report could be provided. 12. The concept of real need could be introduced to the eligibility criteria in addition to the requirement of community support. 13. The role of Ward Members should be mentioned within the Framework document. 14. The eligibility criteria should be kept to a minimum but there did need to be a ‘driver’. The Corporate Plan could offer guidance and help provide a framework. It was suggested that the two Members of the Committee who would be nominated to work on the Service Level Agreements could also consider the criteria. 15. The examples of projects eligible for funding should be carefully chosen to give real encouragement to potential applicants. 16. It was important to clarify what the Big Society Fund would cover and when the capacity building process would start. Overview and Scrutiny Committee 6 74 31 January 2012 17. Environmental projects appeared to be excluded from applying to the Fund. Perhaps the eligibility criteria could be worded to indicate that they will be considered if they are supported by the community and strengthen ties. 18. A Member asked whether grants made by the Big Society Fund would be monitored. The Portfolio Holder said that they would be and that it was a crucial part of the process. 19. There was a concern that there would be a disproportionate number of applications to the Fund from the larger towns and that smaller towns and villages could struggle to come up with ideas. The Portfolio Holder agreed that there was the potential for too many applications but it was hoped that town councils would take the lead in prioritising the needs of the local community. Large scale projects would be dealt with differently as they required a lot of input from the Council and would be resourced internally. 20. A Member asked whether the income from second homes was likely to stay at the same level. The Portfolio Holder said that it had declined noticeably recently. It wasn’t clear whether this was due to holiday homes switching to business rates or whether they had been sold. The Deputy Chief Executive added that the proposal to remove the 10% discount on second homes would mean that the income stream would be lost as there would be no way of identifying which properties were in this category. In response to a further question regarding the role of the County Strategic Partnership, The Portfolio Holder said that they had previously administered the sustainable community strategies. 21. The possibility of an application coming forward for funding late in the financial year when available funds could be low was raised. The Portfolio Holder explained that although there was a finite pot of money there was a reserve fund which could be drawn on if the grants committee wished to fund a specific project. He added that the Norfolk Community Foundation were able to signpost applicants to other available sources of funding. 22. There was a possibility that some funding could be wasted if further follow-on funding was not found for some projects. They may need assistance to start looking for additional funding during the early stages of the project. 23. The general outline for the service level agreements (SLA’s) was good. They should not be too prescriptive and need to be outcome-based. NNDC should work with the chosen provider as a partner and negotiate the terms rather than pre-determining them. The Chairman proposed two additional recommendations to the Committee: 1. That the Group developing the formal service level agreements would also consider the eligibility criteria for the community grant funding scheme. 2. That the Overview and Scrutiny Committee would receive six monthly reports on the operation of the Big Society Fund RESOLVED a) To recommend the proposed structure of the Big Society Fund to Cabinet b) To nominate two Members of the Committee, Mr G Williams and Mr N Smith to work with the Leader of the Council and the Cabinet Portfolio Member in developing a formal service level agreement based upon the draft outcomes incorporate within the appendices c) That the Members listed above would also consider the eligibility criteria for the community grant funding scheme. d) That their conclusions on the above would be reported to Full Council on 22 February 2012. Overview and Scrutiny Committee 7 75 31 January 2012 e) To refer comments and observations to Cabinet for consideration on 6 February 2012 prior to submission of the recommended operational framework to Council f) That the Overview and Scrutiny Committee should receive six monthly reports on the operation of the Big Society Fund The meeting concluded at 12.07 pm _________________________ Chairman Overview and Scrutiny Committee 8 76 31 January 2012 Agenda Item no _________2________ CABINET Minutes of the meeting of the Cabinet held on 6 February 2012 at the Council Offices, Holt Road, Cromer at 10.00 am. Members present: Mrs H Eales (Chairman) Mrs A Fitch-Tillett Mr T FitzPatrick Mr T Ivory Mr K Johnson Mr J Lee Mr W Northam Also attending: Mrs A Claussen-Reynolds Ms V Gay Mrs P Grove-Jones Mr P High Ms B Palmer Mr E Seward Mr B Smith Mrs A Sweeney Mrs H Thompson Mr D Young Officers in attendance: The Chief Executive, the Strategic Director – Information, the Coastal, Localities and Assets Manager, the Acting Financial Services Manager, the Technical Accountant and the Democratic Services Officer (AA). 82 APOLOGIES FOR ABSENCE None. 83 MINUTES The minutes of the meeting of the Cabinet held on 9 January 2012 were approved as a correct record and signed by the Chairman. 84 PUBLIC QUESTIONS None. 85 ITEMS OF URGENT BUSINESS None. 86 DECLARATIONS OF INTEREST None. Cabinet 1 77 6 February 2012 87 MEMBERS TRAINING, DEVELOPMENT AND SUPPORT WORKING GROUP RESOLVED that the minutes of the meeting of the Members’ Training, Development and Support Working Group held on 30 August 2011 be received. 88 BUDGET MONITORING 2011/12 – PERIOD 9 The report presented the budget monitoring position for the revenue account and capital programme to the end of period 9 (31 December 2011) and also included a review of the current capital programme. RESOLVED to a) b) 89 note the contents of the report and the revenue account forecast for the current financial year; note the current position in relation to the 2011/12 capital programme and approve the additional funding for the emergency works to the roof of the Mundesley public conveniences. TREASURY MANAGEMENT STRATEGY STATEMENT AND INVESTMENT STRATEGY 2012/13 TO 2014/15 The report set out details of the Council’s treasury management activities along with the Prudential Indicators, and presented a strategy for the prudent investment of the Council’s surplus funds for Members to approve. RECOMMENDED to Full Council that a) b) 90 the Treasury Management Strategy Statement and Investment Strategy and Prudential Indicators, for 2012/13 to 2014/15, are approved. the revised Treasury Management Policy Statement is approved. 2012/13 BASE BUDGET AND PROJECTIONS FOR 2013/14 TO 2015/16 The report presented for approval the proposed budget for 2012/13 for both revenue and capital and also provided indicative budgets for the following three financial years 2013/14 to 2015/16. RECOMMENDED to Full Council a) The 2012/13 revenue account budget as outlined at Appendix F and that the surplus of £87,975 be allocated to the Restructuring Proposals reserve; b) The demand on the Collection Find will be subject to any amendments as a result of final precepts; (i) Cabinet £5,789,172 for District purposes; 2 78 6 February 2012 (ii) 91 £1,561,174 (subject to confirmation of one final precept) for Parish/Town precepts; c) The movement on the reserves as detailed at Appendix I; d) The updated Capital Programme and it’s financing for 2011/12 to 2014/15 as detailed at Appendix J and as contained within the report along with the authority to negotiate for the purchase of a new waste vehicle; e) f) The new capital bids as detailed at Appendix K; That Members note the current projections for 2013/14 to 2015/16. ANNUAL ACTION PLAN The report presented the Corporate Plan: Annual Action Plan 2012/13. RECOMMENDED to Full Council to approve the Corporate Plan: annual Action Plan: Annual Action Plan 2012/13 for consultation. 92 NORTH NORFOLK BIG SOCIETY FUND – PROPOSED OPERATIONAL FRAMEWORK The report set out the draft operational framework for the Big Society Fund and considered how it could be segmented into a number of complementary funding streams. It looked at different arrangements for delivering outcomes involving the Council and partner organisations, and identified possible funding criteria as well as the form of service level agreements that could be adopted as a basis for procuring support services for capacity building and community development. RESOLVED to a) b) consider the views of the Overview and Scrutiny Committee recorded at its meeting on 31 January 2012. give approval to the proposed operational framework but delegate to the Portfolio Holder, Mr T Ivory and the Chief Executive, the task of reviewing the detail of the comments received and recommend them to Full Council. RECOMMENDED TO FULL COUNCIL to c) d) e) Cabinet refer the Big Society Fund operational framework for adoption by Council at its meeting on 22 February 2012 and recommend that Council formally establishes the Fund to be launched on 2 April 2012 and appoints Members to sit on a politically balanced Big Society Board to act as the grant giving panel. require that the annual report will be produced bi-annually summarising how resources have been applied through the Fund and the outcomes achieved. agree a three month extension to Voluntary Norfolk’ existing contract. 3 79 6 February 2012 93 MATERIALS RECYCLING FACILITY (MRF) CONTRACT PROCUREMENT The report outlined the issues around procuring a contract to handle the dry recyclable waste collected by the Council. The current contract, which the Council shared with a Consortium of the other six Waste Collection Authorities in Norfolk, would run out in March 2014, and was of significant financial and reputational importance to the Council. RESOLVED that a) b) c) d) 94 the Council continues with its membership of the MRF Consortium in Norfolk on the basis that all costs associated with the new procurement and future processing will be equitably shared amongst its members. through the MRF Consortium, the Council enters into an EU compliant procurement process for dealing with dry recyclables. This contract to commence 1 April 2014 for the most effective term, as yet to be decided. a budget of £25,000 is allocated for the procurement process across the 2011/12 and 2012/13 financial years. delegated responsibility is given to the relevant Corporate Director, s151 Officer and Portfolio Members for Environment and Resources respectively to make appropriate decisions relating to this procurement up until the award of the contract which will need to be approved by Cabinet and Full Council. CROMER PIER STRUCTURAL REFURBISHMENT Cromer Pier was presently safe for public use. With regard to the Cromer Pier Major Works, at their meeting of the 7th June 2010 Cabinet resolved to:1 Promote a phased programme of work within current capital budgets 2 Instruct design consultants Hemsley Orrell Partnership (HOP) 3 Procure works contractors 4 Obtain all necessary consents. 5 Make an allocation in the revenue budget for annual inspections and maintenance. These recommendations were implemented and HOP was instructed to instigate a tender process which culminated in the submission of five tenders. Following a tender appraisal which included an in-depth financial investigation of the lowest tenderer it was considered unsafe to award a tender and a second tender process was initiated. This report summarised the re- tender process and examined the HOP tender appraisals of the four tenderers which incorporated an appraisal of the lowest tender. The meeting was informed that on Tuesday, 30 January 2012, Council representatives met with Hemsley Orrell Partnership (HOP), interviewed Fairport Process Equipment (FPE) and were satisfied as to their abilities and the sufficiency of their tender. They therefore recommended the tender submitted by FPE as amended in the tender report be accepted. Cabinet 4 80 6 February 2012 RESOLVED to a) b) c) d) accept the tender submitted by Fairport Process Equipment (FPE) as amended in the tender summary. instruct Hemsley Orrell Partnership (HOP) to project manage the implementation stage of the works. agree to increase the contingency sum by 5% as recommended in the HOP report. agree the principle of making provision for future inspection and maintenance of the Pier. The meeting closed at 10.42am. ___________________ Chairman, 12 March 2012 Cabinet 5 81 6 February 2012 9 FEBRUARY 2012 Minutes of a meeting of the DEVELOPMENT COMMITTEE held in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present: Councillors Mrs S A Arnold (Chairman) B Cabbell Manners (Vice-Chairman) Mrs L M Brettle Mrs A R Green Mrs P Grove-Jones P W High R Reynolds R Shepherd B Smith Mrs A C Sweeney J A Wyatt N Smith - substitute for J H Perry-Warnes P Terrington - substitute for M J M Baker Mrs V Uprichard - substitute for S J Partridge T Ivory - Scottow Ward Mrs A M Moore - North Walsham West Ward P W Moore - North Walsham East Ward Miss B Palmer - on behalf of S Ward, Lancaster South Ward G Williams - Worstead Ward K E Johnson - observer Officers Mr S Oxenham - Head of Planning and Building Control Mr A Mitchell - Development Manager Mr R Howe - Planning Legal Manager Mr G Lyon - Team Leader (Enforcement and Special Cases) Mr G Linder - Senior Planning Officer Miss K Witton - Landscape Officer Mr D Sutton - Environmental Protection Officer Mr P Rhymes - Conservation and Design Officer Mr S Coleman - Highway Development Management Officer (NCC) (201) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors M J M Baker, S J Partridge and J H Perry-Warnes. There were three substitute Members in attendance as shown above. Councillor Miss B Palmer attended the meeting in place of Councillor S Ward who had intended to speak on application PF/11/1492 as adjoining local Member but had been unable to attend the meeting. (202) MINUTES The Minutes of a meeting of the Committee held on 12 January 2012 were approved as a correct record and signed by the Chairman. 1 Development Committee 82 9 February 2012 (203) ITEMS OF URGENT BUSINESS The Chairman stated that there was one item of urgent business which she wished to bring before the Committee, relating to a planning application at North Walsham, reference PF/11/1503, which would be considered prior to consideration of item 2 given its bearing on the decision in respect of that item. Reason for urgency: to expedite processing of the application. (204) DECLARATIONS OF INTEREST All Members declared interests, the details of which are given under the minutes of the items concerned. (205) DEVELOPMENT UPDATE MANAGEMENT AND LAND CHARGES PERFORMANCE The Committee considered item 1 of the Officers’ reports in respect of the quarterly report on planning applications and appeals for the period from October to December 2011, which covered the turnround of applications, workload and appeal outcomes. Figures were also included for land charge searches. The Head of Planning and Building Control reported that it was not known whether a decision would be made by the Government on fee setting in the near future. No response had been received in respect of a letter sent by the Portfolio Holder for Planning on 12 December 2011. It was agreed that a reminder letter be sent. Councillor R Shepherd expressed his gratitude to the staff of the Planning Division, who were always helpful to him, made time for meetings and no matter was too great or too small. The Committee endorsed this comment. The Head of Planning and Building Control thanked him for his comments and referred to the good working relationship the team had with Members which enabled many applications to be determined under delegated powers. The Development Manager stated that it was preferable if Members contacted Officers as soon as they realised that there could be a problem with an application in order that a way forward could be found if possible without involving the Committee. The Head of Planning and Building Control and Development Manager considered that the call-in system was working well at the moment, so that only the more difficult cases came to Committee. The Committee noted the report. (206) NORTH WALSHAM - PF/11/1503 - Use of land for parking of heavy goods vehicles; 7 Cornish Way Business Park for HFS Property Ltd The Chairman stated that she had determined that this item be considered as a matter of urgency pursuant to the powers vested in her by Section 100B(4)(b) of the Local Government Act 1972. Councillor Mrs A M Moore, a local Member, declared a personal interest in this application as she was a resident of Spa Common, which was close to the applicant’s existing site. 2 Development Committee 83 9 February 2012 Public Speaker Mr Wait (supporting) The Team Leader (Enforcement and Special Cases) reported that this application related to the use of an area of land for the parking of HGVs in order to relocate the applicants’ vehicles from their existing site at Marshgate, which was the subject of an enforcement case to be reconsidered by the Committee (see minute 207 below). No objections had been received from the Highway Authority or Environmental Health in respect of this application. The proposal was acceptable in principle and in accordance with Development Plan policy. However, the Environment Agency had raised concerns in respect of possible contamination entering the ground given the hardcore surfacing of the site and had requested that the site be hard surfaced and for drainage proposals to prevent contamination. Given the situation in respect of Marshgate, the Team Leader (Enforcement and Special Cases) had reconsulted the Environment Agency requesting it to reconsider its requirements in the light of the pressing need to relocate the existing business from Marshgate. The applicants had indicated that they would be willing to hard surface the site as requested, but it would take time to carry out the required works. The Team Leader (Enforcement and Special Cases) considered that the applicants should be allowed to use the site with a hard core surface pending the carrying out of hard surfacing works. If the Committee were minded to approve this application it would be necessary to inform the Environment Agency of the decision to allow a further opportunity for it to comment. He considered that approval of this application would be a pragmatic approach which was mindful of the residents of Marshgate. The Team Leader (Enforcement and Special Cases) requested delegated authority to approve this application following consultation with the North Walsham (West) Ward Members and the Chairman of the Committee in respect of any further comments received from the Environment Agency, and subject to the imposition of appropriate conditions to include hard surfacing works to be completed within 12 months of the date of the decision. Councillor Mrs A M Moore, a local Member, supported the recommendation. Councillor R Shepherd proposed delegated approval of this application as recommended of the Team Leader (Enforcement and Special Cases), which was seconded by Councillor B Smith. In response to a question by Councillor P Terrington, the Planning Legal Manager explained that it was a requirement to refer back to the Environment Agency, giving reasons for the Committee’s decision. The Team Leader (Enforcement and Special Cases) stated that VOSA required planning permission to be in place before it would grant a licence for the site. RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application following consultation with the North Walsham (West) Ward Members and the Chairman of the Committee in respect of any further comments received from the Environment Agency, and 3 Development Committee 84 9 February 2012 subject to the imposition of appropriate conditions to include hard surfacing works to be completed within 12 months of the date of the decision, parking use only, and no maintenance or washing down of vehicles to be carried out on the site until the required hardstanding and drainage systems are in place. Reason: The applicants have indicated that they are willing to install hard surfacing within the timescale. The proposal would bring forward environmental benefits through the applicant being able to relocate from an existing inappropriate site. (207) NORTH WALSHAM - ENF/10/0187 - Material change of use of former Anglian Water Sewage Works Councillor B Smith referred to a personal interest he had declared at the previous meeting as he knew the proprietor at the time of the original application in 2008. The Committee considered item 2 of the Officers’ reports which sought the Committee’s reconsideration of action in respect of an Enforcement Notice relating to the premises. The Team Leader (Enforcement and Special Cases) stated that following approval of the planning application PF/11/1503 (above) in respect of the site at Cornish Way, it would be only a matter of weeks before Enviroco would be able to remove its HGVs from the land. However, there was still an issue regarding the buildings on the site. The buildings were causing less concern locally than the HGVs. He recommended that a period of time be given following the issue of the decision in respect of PF/11/1503, either 14 or 28 days, to remove the vehicles. He sought the Committee’s views regarding the office buildings. Councillor P W Moore, a local Member, thanked the Committee for taking a pragmatic approach to solving the problem regarding HGVs. He considered that there would be no problem with the office use remaining on the site. He expressed concern that lorry drivers would go to the site to drop off timesheets etc and requested that there should be no access to the site for HGVs. Councillor Mrs V Uprichard, a local Member, supported Councillor Moore’s views. However, she had concerns as to where the vehicles would be maintained and washed down. She did not wish to see HGVs travelling along Manor Road or past the school. At the request of the Chairman, Mr Wait explained that vehicles had to be serviced by an authorised garage or repairer and he currently used a garage in Norwich. He confirmed that no cleaning would be carried out on the new site. Drivers would travel in their cars to the Marshgate site to collect worksheets and deliver their timesheets. It was the company’s intention to eventually move all its operations to Cornish Way. It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs V Uprichard and RESOLVED That Enforcement action be held in abeyance for a period of 28 days following the issue of the decision notice in respect of planning application PF/11/1503 to allow the Company to relocate its HGV 4 Development Committee 85 9 February 2012 vehicles to 7 Cornish Way, North Walsham and an application be invited, without prejudice, for the retention of the office buildings on the site. In the event of the Company failing to relocate the vehicles within this timescale, proceedings will be commenced for non-compliance with the Enforcement Notice. PLANNING APPLICATIONS Where appropriate the Planning Officers expanded on the planning applications; updated the meeting on outstanding consultations, letters/petitions received objecting to, or supporting the proposals; referred to any views of local Members and answered Members’ questions. Background papers, including correspondence, petitions, consultation documents, letters of objection and those in support of planning applications were available for inspection at the meeting. Having regard to the above information and the report of the Head of Planning and Building Control, the Committee reached the decisions as set out below. Applications approved include a standard time limit condition as condition number 1 unless otherwise stated. (208) FAKENHAM - PF/11/1492 - Erection of two two-storey dwellings with cartsheds; Land rear of 41 Sculthorpe Road for Hall and Woodcraft Construction Ltd Councillor R Reynolds declared a prejudicial interest in this application as he lived close to the site. He vacated the Council Chamber during consideration of this application. All Members declared a personal interest in this application in respect of their acquaintance with Councillor Reynolds and Councillor Mrs Claussen-Reynolds. The Committee considered item 3 of the Officers’ reports. The Senior Planning Officer stated that the drawings had been amended to correct an error identified at the site inspection. A rooflight had also been deleted from the scheme in respect of the proposed dwelling on plot 4. The Senior Planning Officer reported that the Conservation, Design and Landscape Manager (Landscape) had no objection. The Building Control Manager was now satisfied in respect of the turning area for emergency vehicles. The Senior Planning Officer recommended approval of this application subject to the imposition of appropriate conditions. Councillor Miss B Palmer, speaking on behalf of Councillor S Ward, local Member for Lancaster South Ward, stated that when outline planning permission was granted for the four plots it had been made clear that one of the dwellings would be 2bedroomed and 70m2 or less. She was concerned that there would be an adverse impact on traffic and access for emergency vehicles would be difficult. The Senior Planning Officer explained that the Design and Access Statement submitted with the outline application for the four plots (20090468) referred to a dwelling of 70m2, however that application established only the principle of 5 Development Committee 86 9 February 2012 development. The current application related to two of the plots and it was not possible to insist that one of the dwellings meet this criteria. The site had been split into two at the Officers’ suggestion to allow the developer to move forward given problems that had been encountered on part of the site. He suggested that the Committee may wish to express a view that a smaller dwelling should be built on one of the remaining plots. The majority of the dwellings in the surrounding area were large family homes and he was not convinced that a small dwelling would be in keeping with the area. However, if the Committee considered that a smaller dwelling was appropriate a letter would be sent with the decision notice stating that one of the remaining plots should comply with the original requirement. With regard to highway concerns, the Senior Planning Officer stated that the roads were fairly congested because of parked vehicles which restricted vehicle speeds. Visibility was adequate in both directions. He considered there was no highway reason to refuse this application. It was proposed by Councillor B Cabbell Manners, seconded by Councillor R Shepherd and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions and that a letter be sent with the decision notice to inform the developer that proposals for the remaining plots should include a dwelling of no more than 70m2. (209) SCOTTOW - PF/11/1426 - Construction of biomass (renewable energy) facility; Land at Oak Grove, Scottow Road for Oak Grove Renewables The Committee considered item 4 of the Officers’ reports. Public Speakers See minutes of 08.03.12 amendment to include Cllr Reynolds’ declaration of interest (personal) as he is an electrician. Mr Mellors (objecting) Mr Lucas (supporting) The Team Leader (Enforcement and Special Cases) reported that three further comments had been received raising similar issues to those contained in the report. He recommended that the routing agreement put forward by the applicant be accepted although it was not required by the Highway Authority. He read to the Committee a response from the applicant in respect of suggestions that vehicles should be prevented from using Aylsham Road. The applicant considered that it was not appropriate, necessary or enforceable to include this in the routing agreement. The Team Leader (Enforcement and Special Cases) recommended approval of this application subject to the imposition of appropriate conditions and submission of a Unilateral Undertaking in respect of the routing agreement. Councillor T Ivory, the local Member, referred to the divided local opinion on this issue. He considered that development of this type should be encouraged as it was diversification of agriculture. However there were issues relating to this application which needed to be addressed. He stated that Scottow Parish Council objected to this application. He referred to highway concerns which had been raised by local residents and welcomed the offer of a routing agreement which sought to address these problems. However, he understood that the entire length of Scottow Row 6 Development Committee 87 9 February 2012 would be included in the agreement. The general concerns locally were in respect of traffic along the Scottow Road which travelled at high speeds and problems that could arise because of turning lorries. With regard to the landscaping proposals, he asked the Committee to ensure that the screening would be adequate. However, he considered that the screening itself would have an impact on the open vista which currently existed. Councillor G Williams, Member for the adjacent Worstead Ward, disputed the figures contained in the traffic report and considered that the number of traffic movements would be double the number quoted. He was particularly concerned in respect of Aylsham Road which was likely to be used to deliver crops from the north of the site. He stated that there was a chicane in Swanton Abbott which was difficult to negotiate. He requested that, if the Committee were minded to approve this application, the routing agreement be revisited, in particular with regard to a possible one-way routing system to avoid the need for tractors to pass each other. Councillor B Cabbell Manners stated that he was a farmer but he would not benefit from this facility because of the distance from his land. He stated that the agricultural industry was looking into such facilities as it provided somewhere to take crops and would produce much-needed humus to enrich the soil which would reduce reliance on fertilizers, in addition to renewable energy production. In terms of the highway network, he considered that the site was in an ideal position with good connections to the main road. He considered that there would be no noise, the site would be screened by woodland and high hedges. He proposed approval of this application as recommended. Councillor N Smith expressed concern regarding possible odour from the site. He referred to another site in Taverham which had resulted in complaints by residents. The Environmental Protection Officer reported that because of the location of the site it was considered that there would be no problem. There would be some odour release on filling of the silage clamps and hoppers but not at other times. Councillor R Reynolds seconded the proposal. Councillor P W High stated that he was a regular user of Aylsham Road and considered that traffic management was needed in Swanton Abbott. The Highway Development Management Officer suggested that signage could be erected. The Team Leader (Enforcement and Special Cases) stated that the agreement of the applicant would be needed to include signage in the routing agreement. At the request of the Chairman, Mr Lucas stated that the suggestion of a one-way system would be worthy of investigation and this was common practice in the agricultural industry. It would not be feasible to prevent vehicles using Aylsham Road as agricultural vehicles currently used the road. In answer to a question by Councillor B Smith, the Landscape Officer explained that there had been concerns about the industrial nature of the tanks. Painting the tanks to help blend in with the background could reduce the impact. Whilst the proposed planting would not completely screen the tanks, it would integrate them into the surrounding area. 7 Development Committee 88 9 February 2012 Councillor P Terrington expressed concern that odour from silage would spread over a wide distance. He requested conditions to prevent the introduction of animal slurry. The Environmental Protection Officer stated that the odour assessment had been robust and explained the measures to prevent nuisance. The Development Manager suggested a condition to restrict the materials to vegetable matter only. In answer to a question by Councillor Mrs A C Sweeney, the Team Leader (Enforcement and Special Cases) stated that there would be one or two staff based at the site. He considered that it was unlikely that an agricultural dwelling could be justified. At the request of the Chairman, and in response to a question by Councillor R Shepherd, Mr Lucas explained that it was proposed to sink the tanks 1.5 metres into the ground. There would be operational difficulties if they were any deeper. In response to questions by Councillor Mrs P Grove-Jones, the Environmental Protection Officer confirmed that the only lighting would be pathway lighting. The site would be operational during normal working hours and a condition would be imposed to this effect. The Planning Legal Manager stated that the routing agreement was the applicant’s initiative and, following legal scrutiny, he considered that it was fit for purpose. However, he considered that it would need further consideration in respect of signage and construction traffic. He suggested that the document be published on the Council’s website and that local Members be requested to feed back their views on whether it covered the right routes. The Development Manager requested delegated authority to approve this application subject to a Unilateral Undertaking by the applicant in respect of the routing agreement, to be amended to include a one-way system and construction traffic in consultation with the local Members, and subject to the imposition of appropriate conditions to include signage in respect of traffic, landscaping and painting of the tanks. It was proposed by Councillor B Cabbell Manners, seconded by Councillor R Reynolds and RESOLVED by 12 votes to 0 with 1 abstention That the Head of Planning and Building Control be authorised to approve this application subject to a Unilateral Undertaking by the applicant in respect of the routing agreement, (to be amended to include a one-way system and construction traffic) in consultation with the local Members, and subject to the imposition of appropriate conditions to include signage in respect of traffic, landscaping and external finish of the tanks. (210) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 5 of the Officers’ reports. (211) APPLICATIONS REFUSED UNDER DELEGATED POWERS 8 Development Committee 89 9 February 2012 The Committee noted item 6 of the Officers’ reports. (212) NEW APPEALS The Committee noted item 7 of the Officers’ reports. (213) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 8 of the Officers’ reports. (214) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 9 of the Officers’ reports. (215) APPEAL DECISIONS The Committee noted item 10 of the Officers’ reports. (216) EXCLUSION OF PRESS AND PUBLIC RESOLVED That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 6 of Part I of Schedule 12A (as amended) to the Act. (217) PROPOSED DIRECTION UNDER ARTICLE 4(1) OF THE TOWN AND COUNTRY PLANNING ACT (GENERAL PERMITTED DEVELOPMENT) ORDER 1995 (AS AMENDED) FOR LAND AT SHERINGHAM The Head of Planning and Building Control stated that he lived very close to the land in question and many of the residents who would be affected by the Order were neighbours. He therefore left the meeting during consideration of this matter. The Committee considered item 11 of the Officers’ exempt reports which sought authority to serve an Article (4)1 Direction on land at Sheringham. The Conservation and Design Officer reported that an area of land at the rear of 7-29 Nelson Road and 1-3 Hillside, Sheringham had been sold to the owners of those properties. In order to prevent subdivision of this open area of land by means of enclosure he recommended: 1. That a Direction under Article (4)1 of the Town and Country Planning Act (General Permitted Development) Order 1995 be served immediately in respect of permitted development rights for means of enclosure on the land at the rear of 7-29 Nelson Road and 1-3 Hillside, Sheringham. 2. That the owners of the properties be formally notified of the making of the Direction. 3. That the Direction be brought before Committee within six months for confirmation. 9 Development Committee 90 9 February 2012 It was proposed by Councillor B Smith, seconded by Councillor R Reynolds and RESOLVED unanimously 1. That a Direction under Article (4)1 of the Town and Country Planning Act (General Permitted Development) Order 1995 be served immediately in respect of permitted development rights for means of enclosure on the land at the rear of 7-29 Nelson Road and 1-3 Hillside, Sheringham. 2. That the owners of the properties be formally notified of the making of the Direction. 3. That the Direction be brought before Committee within six months for confirmation. (218) PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES The Committee considered item 12 of the Officers’ exempt reports which updated the situation previously reported concerning the schedule of outstanding enforcement cases and unresolved complaints more than three months old as at 31 December 2011. The Head of Planning and Building Control reported that initiatives had been put in place to reduce the backlog of cases. Higher priority was being given to enforcement and one of the Planning Officers was helping with the work. A programme of site inspections was to be arranged and the Team Leader (Enforcement and Special Cases) would contact the local Members to agree courses of action. A revised Enforcement Policy was being drafted and would be brought to the Committee at a future meeting for consideration. Councillor Mrs A R Green suggested that an article be published in the press to inform the public of the need to check if planning permission were needed. The Head of Planning and Building Control stated that a charging scheme was being drawn up for informal enquiries and it would be appropriate to include Councillor Mrs Green’s suggestion in the publicity at that time. RESOLVED 1. That the contents of the report and the annexed Schedules of Current Enforcement Cases be noted. 2. That the cases where compliance has been achieved be removed from the Schedules. The meeting closed at 12.15 pm. Development Committee 10 91 9 February 2012 OVERVIEW AND SCRUTINY Minutes of a meeting of the Overview and Scrutiny Committee held on 15 February 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr E Seward (Chairman) Mr B Smith Mr N Smith Mr R Smith Mr P Terrington Mrs A Claussen-Reynolds Ms V R Gay Mrs A Green Mr P W Moore Mr R Reynolds Officers in Attendance: The Acting Financial Services Manager (for minutes 117 - 130), the Health Improvement Officer (for minute 131) and the Democratic Services Team Leader. Members in Attendance: Mrs H Eales, Mrs A Fitch-Tillett, Mr T Ivory, Mr K Johnson and Mr W J Northam. Democratic Services Officer (MMH) 123 CHAIRMAN’S ANNOUNCEMENTS a) The Committee Room had been used for the meeting because the Council Chamber was booked out for training. The acoustics and general accommodation in the Committee Room were not suitable for the needs of the Overview and Scrutiny Committee and the room must not be used for this purpose in future. b) Mr J Perry-Warnes had undergone surgery very recently. The Leader would update Members on his progress via the Democratic Services Team Leader. 124 APOLOGIES FOR ABSENCE Apologies were received from Mr J Perry-Warnes, Mr G Williams and Mr R Wright. 125 SUBSTITUTES Ms V R Gay for Mr G Williams and Mr N Smith for Mr R Wright. Overview and Scrutiny Committee 15 February 2012 92 126 PUBLIC QUESTIONS None received. 127 MINUTES The Minutes of the meeting held on 25 January 2012 were signed as a correct record after the following amendments had been agreed. a) Minute 112, Environmental Sustainability Strategy Review, item 5, page 4, Back-up Generator: to add “Mr R Reynolds suggested that obtaining a smaller generator, capable of providing power for telephones, ICT and other essential items should be considered.” b) Minute 115, Waste Contract Update, item 2, page 9: to change the first sentence to read “litter picking” instead of “street cleaning”. To add a second sentence “The concerns had been particularly about the verges near Morrison’s, the football ground and traveller site and on the Norwich Road but litter picking was essential to all areas of the town.” 128 ITEMS OF URGENT BUSINESS An oral report on the Public Transport Time and Task Limited Panel was brought forward from item 15, Overview and Scrutiny Update. This was because Ms V R Gay, who was giving the report, needed to leave the meeting early. The Public Transport Time and Task Limited Panel was a joint group with four Members each from Broadland and North Norfolk District Councils. It was largely concerned with the provision of public transport in the 2 districts and had met 4 times to date. The membership included Councillors who regularly used public transport. The latest meeting, on 8 February 2012, had been very useful and the Panel was starting to coalesce. The meeting had been attended by 2 officers from Norfolk County Council who had been able to give a comprehensive picture of provision across the county. The County strategy appeared to be concentration on community transport. The next step would be to question the bus operators. There had been an initial misunderstanding that Members could not talk to the operators, but this was not so. In response to a question from Mr P W Moore, Ms Gay said that this misunderstanding had not prolonged the work and that the process of questioning County had been very economical, with questions refined in advance by email. Mr T FitzPatrick was organising a meeting of the 4 NNDC Members of the Panel to discuss progress and the value of the work. A concern was expressed that changes of meeting dates had prevented some Members and the officer from NNDC from attending the Panel because of prior commitments. 129 DECLARATIONS OF INTEREST The following Members declared interests in the items listed below: Member(s) Minute No. Item Interest Mr R C Price 130 2012/13 Base Budget and Projections for 2013/14 to Personal and non prejudicial – owns a Overview and Scrutiny Committee 15 February 2012 93 2015/16 Mrs A R Green 130 second home which is registered as a business. 2012/13 Base Budget and Projections for 2013/14 to 2015/16 Personal and non prejudicial – owns a holiday letting cottage. 130 PETITIONS FROM MEMBERS OF THE PUBLIC The Democratic Services Team Leader updated the Committee on petitions from members of the public. No further petitions had been received via the e-petitions facility since the last meeting. 131 CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None. 132 RESPONSES OF THE COUNCIL OR CABINET TO THE COMMITTEE’S REPORTS AND RECOMMENDATIONS The Overview and Scrutiny Committee’s comments on the Big Society Fund had been forwarded to Cabinet. At the meeting of 6 February 2012 Cabinet had resolved to: a) consider the views of the Overview and Scrutiny Committee recorded at its meeting on 31 January 2012. b) give approval to the proposed operational framework but delegate to the Portfolio Holder, Mr T Ivory and the Chief Executive, the task of reviewing the detail of the comments received and recommend them to Full Council. A group comprising the Leader, Portfolio Holder and 2 nominated Members of the Overview and Scrutiny Committee had met for the first time on 14 February 2012, with Graham Tuttle of the Norfolk Community Fund. Some of the comments from the Overview and Scrutiny Committee would be incorporated into the resultant document. 133 THE FORWARD PLAN AND MANAGEMENT OF COUNCIL BUSINESS The Committee noted the information. 134 BUDGET MONITORING 2011/12 – PERIOD 9 The Portfolio Holder reported that the Budget was on course for a balanced position at the end of the year. The report was discussed: a) The Acting Financial Services Manager would check with the relevant officer to clarify a variance regarding the North Norfolk Youth Voice. There was a potential underspend which would be rolled forward. Concern was expressed that money had been put in the budget but remained unspent. It was explained that this was a timing issue and that the money would be spent for the purpose it was originally budgeted for. b) Leisure complexes variation: a meeting was due to take place at the Splash on 15 February 2012 to discuss maintenance and upkeep in the longer term. Overview and Scrutiny Committee 15 February 2012 94 BUDGET MONITORING 2011/12 – PERIOD 9 (Continued) c) Budget Monitoring Position – Summary (Page 18, 6.1): the following corrections were highlighted: • The Service Variance Total was £56,197 not £55,197 • The General Fund Reserve was £82,493 not £84,493. This meant that there was a minor overspend, not an underspend. d) £10,000 was the de minimus for capital spend. Expenditure above that amount could be capitalised but it also depended on the nature of the work. RESOLVED To note the contents of the report and the revenue account forecast for the current financial year. 135 TREASURY MANAGEMENT STRATEGY STRATEGY 2012/13 TO 2014/15 STATEMENT AND INVESTMENT The preparation of the Strategy Statement was necessary to comply with the Chartered Institute of Public Finance and Accountancy’s Code of Practice for Treasury Management in Public Services. The Code had been revised in November 2011 and this Strategy Statement incorporated the changes which had been made. The prime objective of the Treasury Management Strategy was to ensure the security of the Council’s investments. The report was discussed: a) At the current time the Co-operative Bank plc did not meet the minimum credit criteria of a long term rating of A- or equivalent. This was because of a number of reasons including the size of the bank. Arlingclose was still comfortable with the bank being used for overnight and weekend investments for a maximum sum of £500,000. b) There was continual monitoring of all banks and investments. RESOLVED That the Council be asked to RESOLVE that; (a) The Treasury Management Strategy Statement and Investment Strategy and Prudential Indicators, for 2012/13 to 2014/15, are approved. (b) The revised Treasury Management Policy Statement is approved. 136 2012/13 BASE BUDGET PROJECTIONS FOR 2013/14 TO 2015/16 The report was introduced by the Portfolio Holder. He said that officers and Cabinet Members had worked hard on the Budget which was fair, benefitted the Council and residents of the District and had been achieved without an increase in Council Tax. The Budget made savings without making enforced redundancies and despite a reduction in government grant. The report was discussed: a) Mr P W Moore commended the retention of the restructuring fund. Ms V R Gay asked why it was necessary to have money in the reserves for Restructuring and Organisational Development. The Acting Financial Services Manager explained that Overview and Scrutiny Committee 15 February 2012 95 2012/13 BASE BUDGET PROJECTIONS FOR 2013/14 TO 2015/16 b) c) d) e) (Continued) the Organisational Development reserve was set up for Pay and Grading issues. The Restructuring reserve was to help with finance when a service was restructured. There was a second level of management restructure still to come. This could result in some one-off costs. £150,000 savings had been estimated from the restructuring of the management team. Potentially there could be a higher saving but the main priority was to get the right structure in place for the organisation. The report made to Full Council on 14 December 2011 had given £150,000 as the minimum figure. In response to a question from the Chairman, the Portfolio Holder said that the New Homes Bonus was not ring-fenced but the Cabinet had decided that it should be used for the community, in accordance with the Government’s aims. If sufficient savings had not been made and help from the Government regarding freezing the Council Tax had not been received Cabinet would have had to consider using the New Homes Bonus for other purposes. Revenue Support Grant and Business Rates: in response to a question from the Chairman, the Acting Financial Services Manager said that the projections for 2013 onwards had been reduced based on the forecast that had been received and in the understanding that central government might reduce the Revenue Support Grant even further in subsequent years. A possible increase in the number of houses had not been taken into account in the projections. There were reasons, including the transfer of properties from Council Tax to Business rates, to be prudent. Concern was expressed that, because North Norfolk had a significant number of second homes and holiday homes, a switch from Council Tax to Business Rates would impact on receipts. The Acting Financial Services Manager said that consultations were taking place on how the new Business Rates system would work. A scheme was being set up to provide a safety net and North Norfolk District Council would almost certainly be in receipt of top-up. RESOLVED to add this topic to the Overview and Scrutiny Committee Work Programme. A payment of £150,000 had been received from central government because the Council Tax had not been increased. This was for one year only and would have implications on the 2013/14 budget if the Council Tax was to remain frozen. g) A perceived inconsistency with Small Business Rate Relief needed further investigation. The subject of Business Rates and Small Business Rate Relief would be put on the Overview and Scrutiny Committee Work Programme, h) The funding for community transport such as NWACTA was in the Big Society Fund and was secure for the coming year. i) Mr P W Moore asked about the impact on income that might result from the abolition of free car parks, especially in North Walsham. The people who normally used free car parks tended to be those who worked in the town. If they bought season tickets they could opt to park in more convenient town centre car parks, leaving less room for shoppers. The Portfolio Holder replied that it was hoped that people would use the Vicarage Road Car Park which tended to be under-used. He pointed out that NNDC had to maintain free car parks although they didn’t bring in any income. The scheme would be reconsidered at the end of the year if it proved to be unsuccessful. The impact of increased season ticket holders on car park income was largely unknown at present although some financial modelling had been carried out. j) Mr P Terrington asked that, as he had to report back to his parishes, he might be informed of the outcome of consultations on parking charge orders. f) Overview and Scrutiny Committee 15 February 2012 96 2012/13 BASE BUDGET PROJECTIONS FOR 2013/14 TO 2015/16 (Continued) RESOLVED to include this topic, including the outcome of consultations, for a regular update on the Overview and Scrutiny Committee work programme. Members considered the recommendations and voted on them individually. a) It was RESOLVED with 3 Members voting against To recommend to Full Council that the 2012/13 revenue account budget as outlined at Appendix F and that the surplus of £87,975 be allocated to the Restructuring Proposals reserve; b) It was RESOLVED with 2 abstentions To recommend to Full Council that the demand on the Collection Find will be subject to any amendments as a result of final precepts; (i) £5,789,172 for District purposes; (ii) £1,561,174 (subject to confirmation of one final precept) for Parish/Town precepts; c) It was RESOLVED with 2 Members voting against To recommend to Full Council the movement on the reserves as detailed at Appendix I; d) It was RESOLVED To recommend to Full Council the updated Capital Programme and it’s financing for 2011/12 to 2014/15 as detailed at Appendix J and as contained within the report along with the authority to negotiate for the purchase of a new waste vehicle; e) It was RESOLVED To recommend to Full Council the new capital bids as detailed at Appendix K. f) It was RESOLVED To note the current projections for 2013/14 to 2015/16. 137 HEALTH STRATEGY PROGRESS REPORT a) Under new legislation the Council had a large responsibility for Health and Wellbeing. Significant work had been done with commissioning groups, 4 community gyms (including one in the Broadland district) had been set up and the Warm Homes Healthy People Fund had been launched. All targets were on course and some had already been exceeded. Overview and Scrutiny Committee 15 February 2012 97 HEALTH STRATEGY PROGRESS REPORT (Continued) b) A presentation had been made by the Health Trainer team at the Overview and Scrutiny meeting on 25 January 2012. Health Trainers were able to refer people to NNDC schemes via the North Norfolk Activity Referral Scheme which would be launched at the end of February/beginning of March. To prevent inequity for some patients it was necessary to persuade all GPs to participate in the scheme c) The Warm Homes Healthy People Fund was funded by central government. Despite a tight timescale NNDC officers had made a successful bid and had received approximately £320,000 to implement the agreed projects by April 2012. NNDC officers were now managing 2 projects across Norfolk – distribution of 7000 winter warmer packs to vulnerable people and installation of low level insulation. Members were shown the contents of a winter warmer pack which included thermal blanket, hat, gloves, hot water bottle, room thermometer and chair-bound exercise DVD. The packs had been distributed to colleagues in agencies which had contact with vulnerable people, to ensure that they were only given to those in real need. NNDC, via Age UK, could provide extra insulation. 25 heaters would soon arrive. These could be distributed when necessary. There was also a bank of emergency heating oil. Work was being done with a credit union to negotiate a scheme for cheaper purchase of heating oil. Mr R C Price suggested that the credit union should make a presentation to Full Council. Members supported this idea and suggested it should be passed on to the Chair of the Council. d) In response to a Member’s question regarding the criteria for deciding if someone was vulnerable, the Health Improvement Officer said that generally it was people who were old, ill or disabled. The reason the packs were being distributed by other agencies was to ensure that they were given to the right people. Every agency had been asked how many packs they needed. Some packs had been kept back for people who, because of pride or other reasons, might “slip the net”. There were only 1000 packs in total, but the need was greater. If funding was still available further applications would be made to ensure that the scheme could continue. There was also an arrangement with other district councils to take up any under-use. Road shows were taking place to promote use of the scheme and to encourage parish councils to take ownership of some of the projects. e) A concern was raised that some older people had to choose between buying food or paying fuel bills and that there was lack of referral to the Meals-on-Wheels scheme. The Health Improvement Officer would raise this issue with the GP Consortium. f) Members requested that information about the Warm Homes Healthy People Fund should be published in the Members’ Bulletin. The next Healthy Strategy report should also include an update. g) Rural Isolation Project: this project aimed to reduce the impact of rural isolation on people’s physical, mental, social and economic health. The Rural Community Council was keen to do some joint work on this. h) North Norfolk Work Out Project: the project had been very successful. Funding ran out at the end of June but, because of its success, the project had been identified as one for which additional funding could be applied. Eventually it was envisaged that a community group be set up to take on the project. Community Hospitals: NNDC had fought hard to keep community hospitals and it was now paying dividends. In response to a question from Mr P Terrington the Health Improvement Officer said that Wells Cottage Hospital had not taken part in the Warm Homes Healthy People project although packs had been distributed via Heritage House. i) There were no beds at Cromer Hospital and this influenced the procedures and services which could be provided. However the GPs would have more influence on service provision than they had in the past. Overview and Scrutiny Committee 15 February 2012 98 HEALTH STRATEGY PROGRESS REPORT (Continued) j) A suggestion was made that the Health Trainers should take part when the Olympic Torch passed through North Norfolk. There would be 2 Health Trainers based in each of the towns involved. k) Concern was expressed that a disabled group had been prevented from using facilities at Fakenham although the rationale was not known. l) The Leader informed the Committee that a Shadow Health and Wellbeing Board was being set up for Norfolk. The role of Health and Wellbeing Boards was to provide leadership across health, social care and public health. They would take on a convening role in health improvement, tackling the causes of ill-health, improving health and social care services, and promoting integration of health and social care. Health and Wellbeing Boards would be formal sub-committees of upper tier councils and would be statutorily operational from April 2013. They were expected to work in ‘shadow’ form from April 2012. It was important that each district should have its own representative. The Leader would be nominated to the Shadow Board at Full Council on 22 February 2012. The Chairman commended this and reminded Members that the Overview and Scrutiny Committee, at the meeting of 18 October 2011, had made a recommendation to support the Chief Executive in getting effective district representation on the Health and Wellbeing Board. m) The Portfolio Holder summed up by saying that the Health Improvement Officer was demonstrating now how councils would work in the future with multi-agency cooperation and sourcing money from elsewhere. RESOLVED that the next Health Strategy report should include an update on the Warm Homes Healthy People scheme and that information about the scheme should be published in the Members’ Bulletin. 138 OVERVIEW AND SCRUTINY UPDATE a) The minutes from the meeting of 25 January 2012 had been sent to Walcott Parish Council. The item on Flooding at Walcott had been attended by representatives from the Environment Agency, the local community and County Councillor Paul Morse. Following the meeting they had been able to get together and explore how to gain a better understanding of the system and to get more people on the flood alert scheme. This had fulfilled one of the prime aims of Scrutiny – to make a difference. b) Planning Enforcement: Members had asked for a report to be brought to the March meeting. However the Head of Planning and Building Control had advised, after discussion with the Chair of the Development Committee, that it would be better to report to the meeting on 23 May 2012. This was because a number of initiatives had just been introduced and it was too early to evaluate their effectiveness. Members agreed to receive the report in May. c) In the course of the meeting 2 further topics had been identified for inclusion on the Overview and Scrutiny Committee Work Programme. • The impact of second homes switching from Council Tax to Business Rates. • Progress on car park charges and income, including outcome of consultations. Members had also asked that the next Health Strategy Update report should include an update on the outcomes of the Warm Homes Healthy People scheme. d) Mrs A Claussen-Reynolds attended a seminar at Westminster on 14 February 2012. The event was organised by the Centre for Public Scrutiny and included the opportunity to see a Parliamentary Select Committee at work and to understand the role of forensic questioning in effective scrutiny. Mrs Claussen-Reynolds would bring a report to the March meeting. Overview and Scrutiny Committee 15 February 2012 99 OVERVIEW AND SCRUTINY UPDATE (Continued) e) Coastal issues: the Vice Chair would liaise with the Portfolio Holder about the possibility of having an item on Coastal Issues on the work programme later in the year, possibly in May. It was understood that the Coastal Management Board would meet soon. The meeting concluded at 12.15 pm _________________________ Chairman Overview and Scrutiny Committee 15 February 2012 100 8 MARCH 2012 Minutes of a meeting of the DEVELOPMENT COMMITTEE held in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present: Councillors Mrs S A Arnold (Chairman) B Cabbell Manners (Vice-Chairman) M J M Baker Mrs L M Brettle Mrs A R Green Mrs P Grove-Jones P W High R Reynolds R Shepherd B Smith Mrs A C Sweeney Mrs V Uprichard J A Wyatt N D Dixon - substitute for J H Perry-Warnes Miss B Palmer - The Raynhams Ward P Terrington - Priory Ward K E Johnson - observer Officers Mr S Oxenham - Head of Planning and Building Control Mr R Howe - Planning Legal Manager Mr G Linder - Senior Planning Officer Miss K Witton - Landscape Officer (219) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS An apology for absence was received from Councillor J H Perry-Warnes. There was one substitute Member in attendance as shown above. The Chairman reported that Councillor Norman Smith had had a heart attack and the Committee wished him well. (220) MINUTES The Minutes of a meeting of the Committee held on 9 February 2012 were approved as a correct record and signed by the Chairman, subject to the inclusion of a declaration of personal interest by Councillor R Reynolds in Minute 209 as he was an electrician. (221) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which she wished to bring before the Committee. (222) DECLARATIONS OF INTEREST All Members declared interests, the details of which are given under the minutes of the items concerned. Development Committee 1 101 8 March 2012 (223) WEYBOURNE - PF/09/1270 - Installation of buried electrical cable system in connection with off-shore wind farm: land from Weybourne to Great Ryburgh for Dudgeon Offshore Wind Ltd Appeal reference: APP/Y2620/A/12/2170245 The Planning Legal Manager explained that there would be no opportunity for public speaking on this matter. It was outside the scope of the public speaking provisions as the matter did not involve consideration of a planning application or confirmation of a Tree Preservation Order. The Committee considered item 1 of the Officers’ reports which requested the Committee to give further consideration to its representations following the decision of Full Council on 22 February 2012 not to make funds available to defend the appeal in this case. The Planning Legal Manager emphasised that this was not an opportunity for the Committee to reconsider the application or the planning merits of the case as the application had been determined and the Decision Notice had been issued. He outlined the options for the Committee to consider, as set out in the report. He read to the Committee an extract from the advice of Counsel in respect of the risk of costs being awarded against the Council. The Planning Legal Manager reported that since preparation of the report the date for the Inquiry had been moved back to 24 May 2012. The Inspector had agreed that the Inquiry would take 6 working days. He referred to a letter received from the applicant’s Solicitors which was appended to the report, which sought reasoning for the Committee’s decision and put the Council on notice that preparation of the case would commence on 12 March, following the Committee’s decision as to how it wished to proceed. The Planning Legal Manager referred to the suggested conditions appended to the report and recommended strongly that the Committee resolve not to defend the appeal and invite the Inspector to allow the appeal and grant planning permission, but reserving the right to submit representations on conditions to be imposed and to respond to any claim for costs made on behalf of the appellant. Councillor D Young, Member for High Heath Ward, asked if there were any mature hedgerows other than those already identified that should be subject to horizontal directional drilling (HDD). He also asked where the watercourses were addressed in the conditions and what impact would occur prior to reinstatement of watercourses which were trenched. He requested a definition of “practical completion” as there was scope to keep the trenches open. The Head of Planning and Building Control stated that he would need to consider these issues further before responding. Councillor Mrs A R Green expressed disappointment with the recommendation not to defend the appeal. She referred to the opposition to the application in her Ward. She considered that it would unacceptable to reopen trenches and disturb agricultural land for a second time if approval were given for stage 2 of the project, and the Council should therefore make representations at this stage. She considered that all ancient hedgerows should be replaced like for like with mature plants. She requested that these matters be made the subject of additional conditions. She referred to the letter from the applicant’s Solicitors appended to the report and considered that the area of land which would be affected would be in excess of the 17 hectares quoted in that letter. Development Committee 2 102 8 March 2012 Councillor P Terrington, Member for Priory Ward, considered that the appeal would be defendable on landscape grounds, particularly in respect of the crossing of watercourses. He considered that all watercourses should be crossed by HDD. He considered that the objectors had made a compelling case in terms of impact on the local agricultural economy. He considered that questions in respect of soil heating had not been sufficiently answered. Councillor Terrington considered that it was unlikely that Members had the expertise to defend the appeal. The Council would be liable for costs if the case were lost and the Council had already voted against defending the case on costs grounds. He considered that the Council did not have the capability to deal with very complex issues such as major infrastructure projects. The Inspector could take a much wider view of the issue than the Council. He referred to a review by National Grid in respect of connections in the East Coast regions and an offer by Triton Knoll to allow Dudgeon to connect at Bicker Fen in Lincolnshire. He considered that the Council should have defended the appeal and should not simply invite the Inspector to approve the application. However, he considered that the Inspector should be asked to give careful consideration to possible offshore routes, to refuse stage 2 and to impose conditions where possible to protect the landscape. The Planning Legal Manager stated that clear evidence to substantiate reasons for refusal was essential to defend any appeal. The Council was clearly at risk of an adverse award of costs. He referred to the Government’s circular relating to costs, reference 03/2009. Whilst the Committee was not bound to accept the advice of Officers, they had given a clear and unequivocal recommendation of approval and for this reason the Officers could not defend the appeal. Therefore the Committee was recommended to invite the Inspector to approve the application subject to conditions. Councillor Mrs L M Brettle stated that the Parish Councils in her Ward had supported the application and she supported the recommendation. Councillor B Cabbell Manners considered that if Members of the Committee volunteered to present evidence on the Council’s behalf it was likely that they would be questioned on their qualifications and expertise. In the absence of such authority the Inspector would give little weight to their evidence. He supported option 2 subject to tightening up of the conditions, in particular to ensure that work on the heavier soils in the Ryburgh and Stibbard area was restricted to prolonged dry periods only. He also supported Councillor Terrington’s comments regarding the crossing of watercourses by HDD. He proposed that option 2 be accepted subject to tightening up of the conditions. Councillor R Reynolds referred to his support of the two small farms which would be affected by the cable route. He considered that subject to the suggestion regarding timing of the work, the conditions had addressed some of the concerns and to refuse would involve the Council in additional costs. He seconded the proposal. Councillor M J M Baker stated that evidence of soil disturbance which occurred 2000 years ago could still be seen from the air and therefore there was clear evidence to support the reasons for refusal. He expressed concern at the impact on tourism, agriculture and the local population. He was also concerned at the additional disturbance in the event of phase 2 taking place. He expressed doubt with regard to the comments of the applicant’s soil expert with regard to soil management. He considered that the appeal should be defended. The Head of Planning and Building Control stated that the Council’s soil expert considered that the soil could be managed in an acceptable way. He stated that condition 20 was intended to limit the time the trenches could be open and was a positive effort to reduce the amount of time the soil would be disturbed. Development Committee 3 103 8 March 2012 Councillor B Smith supported the views which had been expressed, and considered that many of the conditions had addressed some of the concerns. He referred to excavations that had taken place in respect of the gas pipeline where the soil had recovered well. He considered that any inconvenience would be for a short period. Councillor R Shepherd supported the proposal. He asked if, in the event of HDD failing, whether the applicant could erect pylons as this would be undesirable. He also asked whether the conditions would still apply in the event of the applicant obtaining all permissions and selling them on. The Planning Legal Manager explained that the benefit of planning permission went with the land, together with the burden of conditions. The Head of Planning and Building Control stated that the proposal was for a trench system with a number of HDD points. Whilst Members may wish to increase the number of HDD points, pylons did not form part of this application and would require another planning permission. Councillor Mrs A R Green proposed an amendment to request the Inspector to consider an alternative route. This was not seconded. The Planning Legal Manager explained that the appeal involved reasons for refusal put forward by the Committee. The objectors could request the Inspector to consider this issue but the Council could not. The proposal was put to the vote, and RESOLVED by 11 votes to 3 That the Council does not defend the appeal and requests the Inspector to allow the appeal and grant planning permission, but reserves the right to submit representations on conditions to be imposed in accordance with the schedule contained in Appendix 1 of the report, subject to further amendments, and to respond to any claim for costs made on behalf of the appellant. At the request of Councillor B Cabbell Manners and Councillor R Reynolds, with the agreement of the Chairman, voting was recorded as follows: For the proposal Councillors: Mrs S A Arnold Mrs L M Brettle B Cabbell Manners N D Dixon Mrs P Grove-Jones R Reynolds R Shepherd B Smith Mrs A C Sweeney Mrs V Uprichard J A Wyatt (11) Development Committee Against the proposal Abstentions M J M Baker Mrs A R Green P W High (3) (0) 4 104 8 March 2012 Following a short break, the Committee reconvened to discuss the amendments which it wished to make to the schedule of conditions. In response to concerns raised by Councillors Young and Terrington regarding the impact of the work on the watercourses and concerns regarding contamination, the Landscape Officer advised the Committee that HDD was an invasive process which required a large working area either side of the drill site. It was standard practice with smaller watercourses to dam the watercourse and pipe the water to maintain flow during trenching works. This would maintain ecological and wildlife habitats through the site. These methods would form part of the ecological mitigation management plan which was required by a condition. Pollution prevention controls would be put in place to prevent contamination. With regard to the definition of “practical completion” which had been raised by Councillor Young, the Planning Legal Manager suggested that condition 20 be clarified by the words “practical completion means for the purposes of this condition, the installation of a physical connection of the northern end of the cable to the landfall of Stage 1 of the Dudgeon Offshore Windfarm and connection of the southern end of the cable in the Breckland District to a substation connected to the national transmission line and installation of all Stage 1 cabling in between.” Councillor Young supported this suggestion. In answer to a question by Councillor Baker, the Planning Legal Manager stated that the developers would not be requested to comment on the proposed conditions. They would be put forward to the Inspector and the developers would also have the opportunity to submit their proposed conditions. Councillor Young requested that the time period allowed for commencement be tightened and asked if a time period could also be set for practical completion. He queried “appropriate consents” which were not listed or defined. The Head of Planning and Building Control suggested that the commencement period be reduced to three years. He explained that “appropriate consents” meant consents for all elements of the project. He suggested that a note be added to condition 3 to define this. The Planning Legal Manager stated that he would take on board the suggestion of a time limit for practical completion. It was agreed that no further amendments were necessary in respect of the HDD points. In response to a question by Councillor Baker, the Head of Planning and Building Control explained that if only stage 1 took place the developer would be required to reinstate the soil. In the event of approval of stage 2 during the course of development of stage 1, work on stage 2 could commence within one year, but if not, the developers would not be allowed to leave the land unrestored. Councillor R Reynolds asked if it was possible to impose a condition to ensure that as little disturbance as possible was caused to the two small farms on the route. The Planning Legal Manager explained that all conditions had to meet a number of tests, in particular enforceability and precision. Such a condition would not meet these tests. Development Committee 5 105 8 March 2012 The Head of Planning and Building Control stated that it would be possible to add a note to the Inspector requesting that development should be carried out in a way that would cause the minimum disturbance to the farms. Councillor P Terrington requested a condition to require work on stage 2, if approved, to commence within three years otherwise a new planning application would be required. The Planning Legal Manager considered that an attempt had been made to address this issue by proposed condition 3. He was unsure as to what purpose it would serve to tie the development by such a time constraint or whether the Inspector would accept it. Councillor Mrs Green, supported by Councillor Baker requested that a condition be imposed to require work on Stage 2 to commence within three years of the commencement of work on Stage 1. The Planning Legal Manager considered that such a condition would be acceptable as it did not impose a requirement to submit a further application. At the suggestion of the Head of Planning and Building Control it was agreed that Officers would consider whether it should be included within another condition or as a separate condition. RESOLVED 1. That a definition of “practical completion” as suggested by the Planning Legal Manager be included in condition 20. 2. That a definition of “appropriate consents” be added to condition 3. 3. That consideration be given to a time limit for practical completion. 4. That no additional HDD points be requested. 5. That a note to the Inspector be added to request that development be carried out in a way that causes minimum disturbance to the land farmed by Mr Runciman and Mr Boesen. 6. That a requirement for work on Stage 2 (if approved) to commence within three years of the commencement of work on Stage 1 be considered either as an addition to a condition or as a separate condition. PLANNING APPLICATIONS Where appropriate the Planning Officers expanded on the planning applications; updated the meeting on outstanding consultations, letters/petitions received objecting to, or supporting the proposals; referred to any views of local Members and answered Members’ questions. Background papers, including correspondence, petitions, consultation documents, letters of objection and those in support of planning applications were available for inspection at the meeting. Development Committee 6 106 8 March 2012 Having regard to the above information and the report of the Head of Planning and Building Control, the Committee reached the decisions as set out below. Applications approved include a standard time limit condition as condition number 1 unless otherwise stated. (224) BACTON - PF/11/1476 - Change of use from A1 (retail) to residential flat; Village Stores, Walcott Road for Mr B Monk The Committee considered item 2 of the Officers’ reports. Public Speaker Mrs Brear (objecting) The Senior Planning Officer reported that Environmental Protection Officer considered that whilst there was potential for noise and disturbance and odour from the adjacent café, no complaints had been received from nearby residents and therefore there were no grounds for objection. He recommended approval of this application. Councillor B Smith, a local Member, expressed concern at the loss of the shop, which was a valuable local facility and would add to the decline in businesses in the village. He considered that the conversion of the shop would make no difference in terms of addressing the affordable housing issue. He referred to sites that had been allocated for housing in the Core Strategy in the village and stated that facilities were needed for residents, otherwise it would encourage car use. He considered that the proposal would have an impact on the other businesses in the row as they would be separated from each other. He read an email from Councillor W J Northam, also a local Member, referring to a representation he had received from a local resident that the business had been run down. He considered that the property had not been properly marketed and that the application should be refused. Councillor Smith referred to comments he had made in the press stating that he was not happy with the application. The Planning Legal Manager confirmed that this was an expression of predisposition and not predetermination, therefore it was in order for him to remain in the meeting and to vote on this application. Councillor M J M Baker considered that the construction of the shop unit was unlikely to meet the sustainability criteria or standards required for habitable accommodation. He proposed refusal of this application which was seconded by Councillor Mrs V Uprichard. In answer to a question, the Head of Planning and Building Control explained that a marketing exercise was not required as the shop was not the last facility in the village. The Senior Planning Officer explained that sustainability was not a relevant issue in this case. Councillor B Cabbell Manners stated that, whilst he considered the proposed change of use would not be beneficial to Bacton, it was not possible to force businesses to remain if they were not viable. He considered that there was no planning reason to refuse the application. Development Committee 7 107 8 March 2012 The Head of Planning and Building Control advised the Committee that there was a judgement to be made as to whether or not the proposal would provide an acceptable level of amenity for the resident. However, Officers had recommended approval as it was considered to provide a basic level of amenity. On the question of viability, Councillor Mrs P Grove-Jones referred to the email referred to by Councillor Smith stating that the business had been viable when the present owner purchased it only a short while ago. Councillor Mrs A C Sweeney reported that she had been contacted by a former councillor who had received comments in support of the retention of the business and had asked for her views to be reported to the meeting. Councillor N D Dixon considered that the proposed conversion did not offer sufficient amenity and supported refusal on that ground. In response to a comment by Councillor B Smith, the Head of Planning and Building Control stated that the motivation or actions of the applicant could not be taken into account. It was proposed by Councillor M J M Baker, seconded by Councillor Mrs V Uprichard and RESOLVED That this application be refused on grounds that the proposal would provide insufficient residential amenity. (225) EDGEFIELD - PF/11/0411 - Variation of condition 2 of planning permission reference 09/0926 to allow collection of vehicles by customers; RGC Classic Cars, Lower Barn, Ramsgate Street for RGC Classic Cars The Planning Legal Manager stated that whilst he had had no contact with the developers in respect of this application, Mr Travers had purchased a car from him some years ago. Councillor R Shepherd declared a personal interest in this application as he had served as a police officer with Mr Travers. The Committee considered item 3 of the Officers’ reports. The Senior Planning Officer reported that no clarification had been received in respect of parking. He recommended refusal of this application for the reasons stated in the report. Councillor Mrs V Uprichard considered that if vehicles were collected by customers there would need to be some maintenance and cleaning of the vehicles at the site. Councillor Mrs A R Green considered that the proposal would result in fewer vehicle movements than if vehicles had to be delivered to another site for collection. She proposed approval of this application. There was no seconder. Councillor P W High stated that the road was very narrow and additional traffic would cause problems. He proposed refusal of this application which was seconded by Councillor J A Wyatt. Development Committee 8 108 8 March 2012 Councillor R Shepherd referred to his experience of accidents on this road when he was a serving police officer. He supported refusal of this application. Councillor Mrs Green withdrew her proposal. RESOLVED by 11 votes to 1 That this application be refused for the following reasons: The unclassified roads serving the site are considered to be inadequate to serve the development proposed, by reason of their poor alignment, restricted width, lack of passing provision and restricted visibility at adjacent road junctions. The proposal, if permitted, would be likely to give rise to conditions detrimental to highway safety, in conflict with Development Plan Policy CT5 of the adopted Core Strategy. Furthermore, as far as can be determined from the submitted plans, the applicant does not appear to control sufficient land to provide adequate visibility at the site access. The proposed development would therefore be detrimental to highway safety, in conflict with Development Plan Policy CT5 of the adopted Core Strategy. (226) HOLT - PF/11/1431 - Erection of smoking shelter; The Kings Head, 19 High Street for Mr Wilson The Committee considered item 4 of the Officers’ reports. Councillor M J M Baker, a local Member, referred to representations he had received from the local business community regarding the structure. He considered that the design was unsympathetic and expressed concern that it had been erected without planning permission. Councillor P W High, a local Member, was unhappy with the design of the structure. However, he considered that it was necessary for smokers to have somewhere to smoke and the structure was suitable for that purpose. For that reason, he proposed approval of this application. Concerns were expressed by a number of Members regarding the design and size of the structure. Councillor Mrs P Grove-Jones considered that the design of the structure should be modified and that it was necessary to ensure that there was adequate provision for disposal of cigarette ends and matches. She considered that the Committee needed to be sensitive to non-smokers as well as smokers. Councillor B Smith considered that the structure was intrusive and inappropriate in terms of its colour, bulk and massing. He considered that a smaller, more compact structure would be more acceptable. The Head of Planning and Building Control stated that the current philosophy regarding extensions to such buildings was to produce a design of its own time, rather than replicating the original. The Committee was entitled to refuse the application and take enforcement action, or alternatively to seek improvements to the appearance of the structure. Development Committee 9 109 8 March 2012 Councillor M J M Baker stated that he had no objection in principle to the erection of a smoking shelter, but he was unhappy that it had been erected without permission and considered that the structure was over-engineered and inappropriate. The Senior Planning Officer advised the Committee that it would be difficult to alter the framework of the structure. However, he suggested a reduction in the amount of horizontal boarding and an increase in the amount of glazing. Councillor M J M Baker considered that the application should be refused but an indication given that the Committee supported the erection of a smoking shelter in principle. The Head of Planning and Building Control suggested that a note be added to the decision notice to indicate support in principle. Councillor Mrs A C Sweeney considered that the shelter should be relocated so that smoke did not affect passers-by. Following further discussion, it was proposed by Councillor M J M Baker, seconded by Councillor R Reynolds and RESOLVED by 9 votes to 0 with 2 abstentions 1. That this application be refused on grounds of inappropriate design, scale and massing, siting and impact on the Conservation Area and Listed Building. 2. That the Head of Planning and Building Control be authorised to serve an Enforcement Notice to require the removal of the unauthorised structure within 12 months of the effective date of the Notice for the reasons given in the decision notice. (227) MATLASKE - PF/12/0033 - Erection of timber garage/garden room; 19 The Street for Ms G Rodwell The Committee considered item 5 of the Officers’ reports. Public Speaker Mr P Scott (supporting) The Senior Planning Officer reported that the Conservation, Design and Landscape Manager (Landscape) had no objection to this application. He recommended approval of this application subject to the imposition of appropriate conditions. Councillor Mrs A C Sweeney stated that her concerns had now been addressed. It was proposed by Councillor B Cabbell Manners, seconded by Councillor M J M Baker and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions. Development Committee 10 110 8 March 2012 (228) SHERINGHAM - PF/12/0079 - Erection of one and a half storey dwelling; Land adjacent 21 Abbey Road for Mr J Perry-Warnes All Members were acquainted with the applicant as he was a fellow Councillor. The Committee considered item 6 of the Officers’ reports. Public Speaker Mrs Bryan (objecting) The Senior Planning Officer reported that an objection had been received from the resident of a property to the rear of the site, who was concerned at the proximity of the proposed development to her property and potential loss of light. The objector had also raised an issue regarding a restrictive covenant on the land. However, this was a civil matter which could not be taken into account when considering the planning application. It was proposed by Councillor R Shepherd, seconded by Councillor Mrs V Uprichard and RESOLVED That consideration of this application be deferred to allow an inspection of the site by the Committee and that the local Members and Town Mayor be invited to attend. (229) STODY - PF/11/1442 - Erection of two-storey/single-storey rear extensions and two-storey side extension; Sunnyside Cottage, The Green, Hunworth for Mr Tollett The Committee considered item 7 of the Officers’ reports. Public Speaker Mrs MacNicol (objecting) The Senior Planning Officer reported that the description of this application should refer to a two-storey side extension and not first-floor side extension as stated in the report. Councillor Mrs L M Brettle, the local Member, stated that she had spoken to Mrs MacNicol, mainly in respect of the Parish Council having not received a copy of the application. She considered that the proposed extension was disproportionate, out of keeping with surrounding development and would impinge on The Green. She was concerned that if the neighbour proposed a similar extension it would create a terrace. It was proposed by Councillor B Cabbell Manners, seconded by Councillor B Smith and RESOLVED unanimously That consideration of this application be deferred to allow an inspection of the site by the Committee and that the local Member and Chairman of the Parish Council be invited to attend. Development Committee 11 111 8 March 2012 (230) APPLICATION RECOMMENDED FOR A SITE INSPECTION The Committee noted item 8 of the Officers’ reports. RESOLVED That a site visit be arranged in respect of the following application and that the local Member and Chairman of the Parish Council be invited to attend: STIFFKEY – PF/11/1257 – Erection of ancillary holiday accommodation at The Red Lion, 44 Wells Road for Stiffkey Red Lion Ltd (231) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 9 of the Officers’ reports. (232) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 10 of the Officers’ reports. (233) NEW APPEALS The Committee noted item 11 of the Officers’ reports. (234) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 12 of the Officers’ reports. (235) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 13 of the Officers’ reports. (236) APPEAL DECISIONS The Committee noted item 14 of the Officers’ reports. The meeting closed at 12.45 pm. Development Committee 12 112 8 March 2012 LIST OF SEALED DOCUMENTS ORDER Tree Preservation Order relating to Kelling Heath Holiday Park, Sandy Hill Lane, Weybourne, Holt, NR25 7HW Tree Preservation Order relating to The Old Chapel, Lodge Hill, Upper Sheringham, NR26 8TJ. Tree Preservation Order relating to The Old Rectory, The Street, Saxthorpe, Norwich, NR11 7BJ. AGREEMENT Loan Agreement between North Norfolk District Council (1) and Brenda Taylor (2) for the sum of £1110-00. DEEDS Deed of Surrender between North Norfolk District Council (1) and Trystan Paul Taylor and Patricia Bernadette O’Brien (2) LEASES Lease of Land comprising the Land and Café at Runton Road car Park, Cromer between North Norfolk District Council (1) and Trystan Paul Taylor and Patricia Bernadette O’Brien (2) Full Council 18 April 2012 113