Agenda item no._______4_______ OVERVIEW AND SCRUTINY Minutes of a meeting of the Overview and Scrutiny Committee held on 25 September 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr E Seward (Chairman) Mr E Seward Mr B Smith Mr P Terrington Mrs A Claussen-Reynolds Mr B Jarvis Mr P W Moore Mr R Reynolds Officers in Attendance: Members in Attendance: The Chief Executive, the Corporate Director, the Head of Financial Services, the Coast and Community Partnerships Manager, the Strategy Team Leader, the Policy Performance and Management Officer and the Scrutiny Officer. Mrs A Fitch-Tillett, Mr P W High, Mr K Johnson, Mrs B McGoun, Mrs A Moore, Mr W Northam, Ms B Palmer, Mr R Shepherd and Mrs V Uprichard. Democratic Services Officer (AA) 54 APOLOGIES FOR ABSENCE Ms V Gay, Mrs A Green, Mr J Perry-Warnes, Mr N Smith and Mr R Smith. The Chief Executive informed Members that Mr J Perry-Warnes was still in hospital and a card for him from Members would be passed round at tomorrow’s Full Council meeting for them to sign. 55 SUBSTITUTES Mrs B McGoun for Mrs A Green, Mr R Shepherd for Mr N Smith and Mrs V Uprichard for Mr R Smith. 56 PUBLIC QUESTIONS Mr G Berry, Chairman of Happisburgh Parish Council and Mr M Kerby wished to speak on a petition which had been submitted concerning the steps to the beach at Happisburgh. This would be taken under agenda item 7 – Petitions from Members of the public (minute 60). 57 MINUTES The minutes of the meeting of the Overview and Scrutiny Committee held on 24 July 2012 were approved as a correct record and signed by the Chairman. Overview and Scrutiny Committee 1 25 September 2012 58 ITEMS OF URGENT BUSINESS None received. 59 DECLARATIONS OF INTEREST Member(s) Minute Item Interest No. Mrs A ClaussenReynolds 68 North Norfolk Housing Strategy 2012-15 (Making the Best Use of the Existing Housing Stock) Personal – is selling an empty property. Mrs A ClaussenReynolds 69 Overview and Scrutiny Update Personal – has recently used the East of England Ambulance Service. 60 PETITIONS FROM MEMBERS OF THE PUBLIC a) Mr G Berry, Chairman of Happisburgh Parish Council said his Council had a good working relationship with the District Council. He stood by the District Council’s decision to reinstate the steps at Happisburgh when conditions would allow. It was not possible to reinstate them at the present time. There had been a loss of 4 metres of beach in the last 6 months. b) Mr M Kerby of Happisburgh said he was present to support the decision by the District Council. Happisburgh Parish Council and the District Council working together had achieved so much. He supported the decision and hoped it would be ratified by Full Council. c) The Scrutiny Officer said the petition had been received in paper form. The petitioner had not specified where the petition was to go and considered that it had triggered a debate at Full Council. The Council’s Constitution stated that individuals who signed the petition must either live, work or study in Happisburgh Ward and the number of names required must be 10% of the Ward electorate. There were 161 signatures, many from individuals with caravans and holiday homes. At the meeting of Cabinet, the Chairman of the Overview and Scrutiny Committee had said the Committee would monitor progress regarding cliff erosion and the possibility of reinstating the steps at a later date. d) The Chairman pointed out that a decision made by Cabinet could be called in by 10 members of the public but this had not happened. He had recently visited the beach and the work which had taken place there was very impressive. A monitoring report would be added to the Work Programme for October 2013. e) The Scrutiny Officer said this matter did not need to go to Full Council as it was a decision of the Cabinet. f) The Chairman thanked Mr Berry and Mr Kerby for attending the meeting. 61 CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None received. Overview and Scrutiny Committee 2 25 September 2012 62 RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS OR RECOMMENDATIONS The Scrutiny Officer referred to the appointment of temporary extra resources in Planning Enforcement and said that her report showed that this was being addressed. 63 THE FORWARD PLAN AND MANAGEMENT OF COUNCIL BUSINESS a) The Scrutiny Officer said that new changes in legislation meant that key decisions must be on the Forward Plan 28 calendar days before they were reported to Cabinet. If a report was late, it must be reported as an item of urgent business. Officers reports must refer to any background papers and would need to state clearly why the decision needed to be taken and the minutes should show the options discussed. Officers were currently looking into how other councils dealt with this. b) In response to a question from the Chairman, the Scrutiny Officer said she would find out whether the new legislation applied to parish and town councils. 64 BUDGET MONITORING 2012/13 PERIOD 4 a) Mr W Northam presented the report which summarised the budget monitoring position for the revenue account and capital programme to the end of July (Period 4). The overall position at the end of period 4 showed a forecast overspend of £69,074 for the current financial year on the revenue account. The forward financial projections for the period 2013/14 to 2016/17 were currently being worked upon for the financial strategy that covered the same period and would be presented to Members in October. b) Mr P Moore commented that this was only a factual report and considered that there was no need for a full debate. c) The Chief Executive responded to the Chairman that there did tend to be slippage in the capital programme for one reason or another. RESOLVED 1) To note the contents of the report and the current forecast for the current financial year; 2) To note the current position on the approved capital programme and approve the recommended amendments. 65 PERFORMANCE MANAGEMENT – DELIVERY OF ANNUAL ACTION PLAN QUARTER 1 a) Mr K Johnson said this report was similar to the previous report as it was factual. b) Mr P Moore referred to recommendation (b) in the report concerning additional support for planning enforcement being progressed with the Borough Council of King’s Lynn and West Norfolk. He queried why money was being given to another council for planning enforcement support which could instead be used to fund two planning assistants. Mr Johnson explained that the backlog in Planning Enforcement was being addressed and in addition a peer review of the department was taking place in order to identify where resources should be focussed. The Council was also keen to explore any mutual benefits of shared services. The Chief Executive added that King’s Lynn and West Norfolk’s planning and enforcement team was more robust and their director had been asked for temporary support at this Council. The peer review was to take place in the autumn and would look at planning resources in its entirety. It was hoped to be able clear the backlog in Planning Enforcement. The Overview and Scrutiny Committee 3 25 September 2012 c) d) e) f) g) h) i) Planning Enforcement Manager welcomed the offer of peer support from another authority. Mrs B McGoun asked how much Officer time had been used on resources when it could have been used to clear the backlog. The Chief Executive replied that it was important to put the right people in the right roles. The Chief Executive responded to Mrs McGoun that an Officer in the Housing Department was dealing with empty homes. Work could be carried out with the Council Tax Department on this. Ms B McGoun queried 1.12 being the figure for sickness absence as this did not tie up with figures reported to the Joint Staff Consultative Committee. The Chief Executive clarified that 1.12 sickness absence was 4.5 days per person per year. Two years ago this figure had been 11 days. Significant improvements had been made on sickness levels. The different figure could be a revised one. The Chairman hoped that the defaults on cleansing could be resolved. The Director said there had been some improvements although not as fast as hoped. Overall the trend for defaults was down. The Council had received a 5 gold star award for its cleansing services this year. The Chief Executive confirmed to Mrs A Claussen-Reynolds that 124 unemployed people had been in touch with the Learning for Everyone programme over 4 months. She would confirm to Members whether demand for the programme outstripped resources. In response to the Chairman, the Chief Executive confirmed that she would find out more information about rolling out Broadband across North Norfolk and let Members know. The new contract for superfast Broadband should take coverage in North Norfolk to 87%. Mr R Reynolds asked that black spots also be looked into. Mr P Terrington asked whether a meeting concerning offshore renewable energy sector had taken place with Warwick Energy yet. The Chief Executive confirmed that an informal meeting had taken place at which she had taken notes which she would email to Members. To support the RECOMMENDATION to Full Council that two additional planning assistants be recruited on a temporary basis for a 12 month period pending the outcome of the peer challenge, to be funded from a combination of the HPDG earmarked reserve and the additional revenue from the proposed national fee increase from October 2012. That additional support for planning enforcement is progressed with Kings Lynn and West Norfolk Borough Council 66 COMMUNITY ASSET TRANSFER POLICY a) Mr W Northam presented the report and said 8 responses had been received in response to the consultation on the Community Asset Transfer Policy. The recommendations of the Overview and Scrutiny Committee would be included when it was reported to Cabinet and Full Council. He thanked Mr M Green, Estates and Valuation Manager for his hard work in creating the Policy. b) Mrs B McGoun asked what would be the cost to the Council of transferring assets. The Chief Executive explained that there would have to be a business case for transferring assets. The Council had not previously had a policy for dealing with community asset transfer but had dealt with it on an ad hoc basis. The Localism Act, however, stated how this should be dealt with. c) Mr P Moore wondered whether parish councils were aware of the running costs of some assets and it may be better if the District Council retained control of strategic issues such as public conveniences and car parks. d) The Chairman wondered whether parish and town councils had fully understood the powers which had been devolved down to them under the Localism Act. Overview and Scrutiny Committee 4 25 September 2012 RESOLVED For the Overview and Scrutiny Committee to approve the return of the amended draft Policy to Cabinet following the consultation responses received. 67 DEVELOPMENT OF THE NORTH NORFOLK INTEGRATED APPROACH TO COASTAL MANAGEMENT a) Mrs A Fitch-Tillett presented the report and said that a meeting of the Coastal Issues Forum had been held on 10 September, followed by a workshop for the community including parish councils and representatives from Natural England, the Environment Agency, National Trust and National Farmers’ Union. Coastal issues had included offshore wind farms, energy generation, tourism and coast protection. It was aimed to integrate all these aspects. Engagement with the community was key. The newlylaunched CIF would aid this. b) Mr P Terrington congratulated Mrs Fitch-Tillett, the Coast and Community Partnerships Manager and team on the report. He expressed concern that terrestrial and marine planning weren’t better integrated. Mrs Fitch-Tillett said that the Marine Management Organisation (MMO) was a new initiative which had responsibility for planning up to the mean high water mark. She referred to Mrs L Brettle’s motion (Marine Conservation Zones) going to Full Council on 26 September 2012 which considered the impact of human beings on the marine environment. c) Mr Terrington asked if the Council’s protocols could include integration of terrestrial and marine planning. The Coast and Community Partnerships Manager explained that the MMO was working on an East of England Marine Plan to address this because it had been missed by the Marine and Coastal Access Act. d) Representatives from the MMO and Environment Agency had attended the meeting of the Coastal Issues Form and were likely to continue attendance. e) Mr P Moore said that the Council needed to re-think its planning policies to integrate marine and terrestrial considerations. Suitably qualified Officers would be needed to do this. The Coastal Community Projects Manager said that it would be necessary to work with the MMO as well as the planning department. Resources for this were being investigated. f) Mrs Fitch-Tillett said that the Council was known as a trailblazer in coastal issues. It was hoped that DEFRA would hold us up as an example of good practice. g) In response to a question from Mrs B McGoun concerning tidal energy, the Coastal Community Projects Manager said that there was a project in the Wash area looking at tidal energy. The Coastal Issues Forum was also considering renewable energy. To support the RECOMMENDATION to Full Council: a) That the integrated approach to coastal management, in particular the work schemes set out in Table 1 of the report be endorsed b) That the remaining unallocated coastal pathfinder budget (approximately £65,000 revenue) and receipts including the Coastal Erosion Assistance Grant (£60,000 capital) and any income from successful Pathfinder replacement housing are incorporated into a new integrated coastal budget for the purpose of funding specific coastal projects and resources in line with the integrated approach. c) That the allocation of the integrated coastal budget is delegated to the Chief Executive in consultation with the Coastal Portfolio Holder. The meeting was adjourned at 11.00am and reconvened at 11.15am. Overview and Scrutiny Committee 5 25 September 2012 68 NORTH NORFOLK HOUSING STRATEGY 2012-15 (MAKING BEST USE OF THE EXISTING HOUSING STOCK) a) Mr K Johnson presented the report and thanked Officers for the way in which they had produced the documents. b) Members were urged to attend the workshop on 4 October 2012. This was part of the process of formulating the Allocations Policy which was going to Cabinet and Full Council in December. c) The second part of the Strategy focussed on existing homes. The action plan set out new actions, although the team would also be doing other actions. d) The Allocations Policy was on target for review in January and implementation in April. e) There was a difference between the Allocations Policy and the Local Lettings agreement. This would be dealt with at the workshop. f) Strong links: the Local Lettings Agreement specified connection with the Parish or adjoining parishes (residence, employment, family members, previous residence). Adjoining parishes were included because there were some parishes where affordable housing was not possible. g) A concern regarding the renewal of the provision of care contract for residents of Victory sheltered housing schemes should be raised at the workshop. h) Empty homes: an increase in council tax on empty properties would be the subject of a report to Cabinet and would then come to Council in December. If this was agreed it would give a financial incentive to owners to bring their properties back into use. i) The Empty Homes Policy was going to Cabinet in October. This set out a range of advice and assistance which would be provided to owners of empty homes, to include a loan. If necessary enforcement action would be taken which could include, where the Council had taken action to improve the condition of the property, enforced sale. j) The Strategy Team Leader would find out if it was possible to list the name of the owner in the Empty Homes Register. k) Mr P Terrington asked how the properties which were subject to NNDR could be separated from those liable for Council Tax. The Chief Executive would take this query to Council Tax and copy the reply to the Committee. l) Mr P Moore raised a concern about planning permissions that had been commenced but not completed. The Strategy Team Leader said that this was an action in the Housing Strategy and the team was aware there were a number of such planning permissions. Part of their work was to understand the reasons why sites were not being developed. It was aimed to complete this action by the end of the year. m) In response to a question from the Chairman regarding the turnover of 467 social housing properties in 2011/12, the Strategy Team Leader said that most rehoused applicants were in Band 1, with some in Band 2. n) As part of the Allocations Policy the waiting list was being reviewed and a new approach with 3 registers was being proposed of which the Housing Register would represent those with the strongest needs (Emergency Card, Bands 1 and 2) o) Victory Housing was required to charge affordable rent for new properties as part of tendering arrangements for new homes. Tenants could claim housing benefit if they couldn’t afford the rent. p) The Chairman asked for the number of empty houses liable for council tax to be notified to the Committee. RECOMMENDED That the Overview and Scrutiny Committee supports Cabinet’s recommendation to adopt the North Norfolk Housing Strategy (Making Best Use of the Existing Housing Stock) document to Full Council, and in addition the Overview and Scrutiny Committee Overview and Scrutiny Committee 6 25 September 2012 looks forward to Cabinet’s recommendation, at its November meeting, on financial incentives to bring empty homes back into occupation. 69 OVERVIEW AND SCRUTINY UPDATE a) Ambulances: the Chief Executive had invited a representative of the East of England Ambulance Trust to Full Council but had not received a response to date. The District Council could only invite. Only the County Council had the power to oblige attendance. Health Scrutiny powers rested with the Norfolk Health Overview and Scrutiny Committee. The situation would be monitored. b) A meeting between the Leader, Chief Executive and Chair of Scrutiny had been held. Assurance had been given that a dedicated Scrutiny Officer would be appointed. A business manager had been appointed, subject to references being received. c) Next year’s programme of meetings had allowed for longer intervals between Scrutiny and Full Council. d) Fly tipping: the Scrutiny Officer would ask the Head of Environmental Health why larger loads had been recorded in May. e) The Chief Executive advised that November would be the best time to receive an update on the Big Society Fund. f) The Task and Finish Group was meeting on 9 October. g) An update on Happisburgh Beach Access Steps would be added to the Work Programme for October 2013. h) RESOLVED to adopt the Overview and Scrutiny Committee Annual Review 2011 – 2012 and forward it to Full Council on 24 October 2012. The meeting concluded at 12.15pm. ____________________ Chairman Overview and Scrutiny Committee 7 25 September 2012