FULL COUNCIL Minutes of a meeting of North Norfolk District Council held on 19 December 2012 at the Council Offices, Holt Road, Cromer at 6.00 pm. Members Present: Mrs S A Arnold Mr M J 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 R Gay Mrs A Green Mr T Ivory Officers in Attendance: Also in Attendance: Mr B Jarvis Mr G Jones Mr J Lee Mr N Lloyd Mrs B McGoun Mrs A Moore Mr P W Moore Mr W J Northam Mr R Oliver Miss B Palmer Mr J H Perry-Warnes Mr J Punchard Mr R Price Mr R Reynolds Mr E Seward Mr R Shepherd Mr B Smith Mr N Smith Mr R Stevens Mrs A Sweeney Mr P Terrington Mrs H Thompson Mrs V Uprichard Mr P Williams Mr R Wright Mr J A Wyatt Mr D Young The Chief Executive, Corporate Director (Nick Baker), Corporate Director (Steve Blatch), the Head of Finance, the Communications Manager, the Scrutiny Officer and the Democratic Services Officer (IV) Canon D Court, the press. PRAYERS Mr P Moore, Vice-Chairman, introduced Canon David Court, who then led the meeting in prayer and reflection on the lives of Mr Keith Johnson, former Leader, and Mrs Johnson, and former District and County Councillor Larry Randall. 81. CHAIRMAN It was proposed by Mr T FitzPatrick, seconded by Ms V Gay and unanimously RESOLVED that Mr P Moore be elected Chairman for the remainder of the municipal year. Mr Moore thanked the Council, but expressed sadness that his predecessor, Mr PerryWarnes, had been forced through ill-health to step down from the office of Chairman. Mr Perry-Warnes regretted that he had been unable to continue and wished the new Chairman and Mrs Moore well. He thanked the Chief Executive and her staff for their assistance during his term and said how much he had appreciated the kind wishes and support received from Members and Officers. He was responding to physiotherapy and felt that the goodwill he had received had made a big difference. The Chairman then presented Mr Perry-Warnes with his former Chairman’s medal and other gifts. Full Council 1 19 December 2012 82. CHAIRMAN’S COMMUNICATIONS The Chairman informed the meeting that he had met various engagements on behalf of the Council, notably the Thursford Christmas Spectacular, which he had attended on the previous evening. He also drew attention to his Christmas charity, which sought foodbank donations. 83. VICE-CHAIRMAN It was proposed by Mr T FitzPatrick, seconded by Ms V Gay and unanimously RESOLVED That Mrs L Brettle be appointed Vice-Chairman of the Council for the remainder of the municipal year. 84. TO RECEIVE DECLARATIONS OF INTERESTS FROM MEMBERS Member(s) Minute No. Mrs A Claussen- 96 Reynolds Item Interest Recommendation from Cabinet and Overview and Scrutiny Committee: Empty Homes Policy Personal and nonpecuniary – disposal of an empty property 85. APOLOGIES FOR ABSENCE Apologies for absence were received from Mrs P Grove-Jones, Mr B J Hannah, Mr P W High, Mrs L Walker, Mr J D Savory, Mr S Ward and Mr G Williams. 86. MINUTES The minutes of the meeting of Full Council held on 24 October 2012 were approved as a correct record. 87. ITEMS OF URGENT BUSINESS None. 88. PUBLIC QUESTIONS None received. 89. APPOINTMENT OF LEADER OF THE COUNCIL Expressing great sadness at the circumstances in which the appointment had become necessary, Mr W Northam proposed that Mr T FitzPatrick be appointed Leader of the Council. The proposition was seconded by Miss B Palmer. RESOLVED That Mr T FitzPatrick be appointed Leader of the Council. Full Council 2 19 December 2012 90. APPOINTMENTS Two additional appointments, proposed for substitute members for the Overview and Scrutiny Committee, were brought forward. RESOLVED a) To appoint Mrs P Grove-Jones to replace Mr G Jones on the Planning Policy and Built Heritage Working Party. b) To appoint Mr R Oliver to the Joint Staff Consultative Committee. c) To add Mr R Oliver to the Member Training Development and Support Group. d) To appoint Mt T FitzPatrick to the Partnership Committee (Revenues and Benefits Shared Services). e) To appoint Mr R Shepherd as a substitute to the Audit Committee. f) To appoint Mr T FitzPatrick to the Civil Parking Enforcement Committee. g) To appoint Mr R Oliver to the PATROL Adjudication and Bus Lane Adjudication Joint Committee. h) To appoint Mrs A Fitch-Tillett to the Shadow Health and Well Being Board. i) To appoint Mr T Ivory to the Strategic Housing Board. j) To appoint Miss B Palmer as a substitute to the Overview and Scrutiny Committee. k) To appoint Mr G Williams as a substitute to the Overview and Scrutiny Committee. 91. RECOMMENDATION FROM LICENSING AND APPEALS COMMITTEE 24 SEPTEMBER 2012 MINUTE 16: REGULATION OF COSMETIC PIERCING AND SKIN-COLOURING BUSINESSES Mr R Price, Chairman of the Licensing and Appeals Committee, moved the recommendation which was seconded by Mr R Shepherd. RESOLVED To adopt provisions under the Local Government (Miscellaneous Provisions) Act 1982 as amended to regulate additional treatments, namely cosmetic piercing and semi-permanent skin colouring, including: - Full Council adoption and authorisation of new byelaws subject to any consultation responses received; a resolution authorising the affixing of the common seal to the byelaws; and authorising the Head of Legal to carry out the necessary procedure and apply to the Secretary of State for confirmation. 3 19 December 2012 92. RECOMMENDATION FROM LICENSING AND APPEALS COMMITTEE 19 NOVEMBER 2012 MINUTE 24: GAMBLING ACT 2005 – REVIEW OF GAMBLING POLICY Mr Price presented the updated version of the Gambling Policy which local authorities were obliged to adopt and moved the recommendation. This was seconded by Mr R Shepherd. RESOLVED To adopt the revised version of the Gambling Policy. Mrs B McGoun and Mr P Williams asked that their abstention from voting be recorded. . 93. RECOMMENDATION FROM THE OVERVIEW AND SCRUTINY COMMITTEE 23 OCTOBER 2012 MINUTE 84: REVIEW OF OUTSIDE BODIES It was proposed by Mr E Seward, seconded by Mr P Terrington and RESOLVED -To note that Norfolk Tourism is not a Council appointment and that the District Council Is represented by the portfolio holder -To continue to be represented on the Norfolk Skills Partnership -To remove the North Norfolk Community Transport Partnership, the Norfolk Playing Fields Association and the Norfolk Rural Community Council from the official list of Outside Bodies. 94. RECOMMENDATIONS FROM CABINET 12 NOVEMBER 2012 MINUTE 69: HALF-YEARLY TREASURY MANAGEMENT REPORT 2012/13 Mr W Northam moved the recommendation, explaining that the Council was required to comply with the provision of a mid-year report. Security of investment was the main objective and the Council would continue to follow LAMIT for the best available rate of return. The proposition was seconded by Mr N Smith. RESOLVED that The first half-yearly Treasury Management Report for 2012/13 be adopted. MINUTE 71: COMMUNITY ASSET TRANSFER POLICY It was proposed by Mr R Oliver, seconded by Miss B Palmer and RESOLVED that The draft Community Asset Transfer Policy be adopted. 95. RECOMMENDATION FROM CABINET 13 DECEMBER CABINET AGENDA ITEM 9: RECOMMENDATION FROM PLANNING POLICY AND BUILT HERITAGE WORKING PARTY Full Council 4 19 December 2012 It was proposed by Mr R Oliver, seconded by Mrs S Arnold and RESOLVED To apply the approach outlined in the table set out by the Working Party to the re-use of rural buildings as dwellings in response to the National Policy Framework. 96. RECOMMENDATIONS FROM CABINET 13 DECEMBER AND OVERVIEW AND SCRUTINY 18 DECEMBER 2012 MINUTE 113: REVISED BUDGET In reply to a question, Mr Northam stated that the Government grant settlement figures had been announced earlier that day. It had not yet been possible to analyse the information and its effects, but an article would be placed in the next available Members’ Bulletin. Budget was on target, with a small underspend. He explained why changes had been made to the recommendations as submitted to Cabinet. It had not been possible in advance of the grant settlement to confirm the scale of fees, so that item had been withdrawn for the time being. The recommendation on the refurbishment of the Rocket House had been amended to require an inspection of the lift mechanism, following consideration by the Asset Management Board. In moving the recommendation, he thanked the Head of Finance and her team and other officers whose efforts were directed towards ensuring that the Council lived within its means. Mr E Seward, Chairman of the Overview and Scrutiny Committee, confirmed that his Committee had endorsed the recommendation on the previous day. The recommendation was put by Mr Northam and seconded by Mr N Smith. RESOLVED To agree 1.The revised revenue budget for 2012/13. 2.The revised transfers to and from reserves as detailed within Appendix D of the report. 3. A transfer of £1,398 to the general reserve. 4. The revised capital programme and associated financing as included at Appendix E including the additional sum of £37,084 to be made available to fund refurbishment works to the Rocket House as detailed, subject to prior satisfactory inspection of the lift system, and £21,000 for the replacement scanner and printer for the Planning service, both to be funded from capital receipts. MINUTE 115: HOUSING ALLOCATIONS SCHEME Mr T Ivory proposed the adoption of the new Allocations Scheme, which would provide better chances for applicants to be housed in their own locality. He cautioned that there remained a statutory duty to meet a housing need, but the emphasis would be on local connections. The Overview and Scrutiny Committee had considered the recommendation at its meeting on 18 December and supported it. Mr E Seward, Chairman of the Overview and Scrutiny Committee, confirmed this and pointed out that his Committee had asked to see a monitoring report after the Scheme had been in operation for 12 months. Full Council 5 19 December 2012 In reply to a question from Mr M Baker, Mr Ivory said that housing need was defined in the Housing Acts. Precedence would not be given to outside over local need. Following a question from Mr G Jones, he added that a person from elsewhere requiring a safe house would not receive preferential treatment. It was pointed out that there were exceptional circumstances where a person from outside the District with a local connection could be rehoused. Mr J Perry-Warnes raised a matter concerning a possible exception site, which the Chairman asked the officers to investigate. RESOLVED that The Housing Allocations Scheme be adopted. MINUTE116: EMPTY HOMES POLICY Mr T Ivory stated that empty homes were a source of concern to communities across the District. There was an urgent housing need and it was incumbent upon the authority to do everything possible to maximise the efficient use of the existing stock of dwellings. The policy now proposed drew upon the experiences of the pilot scheme. The policy had also been considered by the Overview and Scrutiny Committee, which, in supporting the recommendation, had requested that a monitoring report be produced after 12 months. Members noted that there had been discussion at both Cabinet and Overview and Scrutiny Committee on the definition of an Empty Home, following which the definition as it appeared in the policy had been amended to read: “The Council has defined an Empty Home as a property which is empty of people and has been unoccupied for 6 months or more. There are other definitions of an empty home. Council Tax legislation identifies a property as a long term empty home when it has been empty of people and furniture or possessions for 6 months or more. This policy will concentrate on bringing empty homes which have been empty for at least 6 months back into use, although some have been empty for significantly longer.” Mr Ivory proposed the adoption of the scheme, with this amendment, and was seconded by Mrs S Arnold. Ms V Gay supported the policy, referring to an earlier strategy which had run between 2006 and 2011.She believed the new scheme had its origins in work on empty homes in 2009. Mr R Wright was concerned at the possible invocation of compulsory purchase powers in relation to properties and sought an assurance that the policy would be applied in a positive and helpful manner, rather than heavy-handedly. He was concerned at the criteria and did not believe that the aim should be compulsory purchase. Mr E Seward felt that, because the needs of communities and neighbourhoods had to be respected and housing was a basic right, the Council had to do all it could to get properties back into use. He asked whether any of the 887 empty properties identified had been empty for over two years. The Chief Executive said that an analysis of movement over the last 12 months was under way, which would provide further information on this point. She agreed to send details to Members via e-mail. Mrs A Claussen-Reynolds referred to a family situation where a house, currently empty, was in the course of being sold and hoped that properties becoming empty in these circumstances would not be actively pursued under the new policy. Full Council 6 19 December 2012 Mr M Baker had concerns as to how a genuine reason for vacancy would be defined and interpreted. Mrs H Eales thanked the Corporate Director and his team for the work done in her ward to deal with empty homes. A graduated approach had been taken to these and there was no question of compulsory purchase at this stage. A planning approval had been given and this would allow ample time to bring a property back into use. Mr Ivory assured Mr Wright that the Council was not in the business of heavy-handed interference in people’s property. However, it was important to accept that a more interventionist approach would be used to deal with eyesores, health risks or social issues resulting from empty properties and there was a financial impact too. A graduated approach would allow a light touch and formal enforcement action would be reserved for severe cases. The Council was attempting, by way of survey, to establish early identification of cases where it could help; compulsory purchase would be an absolute last resort and was unlikely to be used. The Council would be working with people to get the property on the market, which should alleviate the concern expressed by Mrs Claussen-Reynolds. Mr Ivory hoped that the new definition of empty properties helped answer Mr Baker’s question. The Chairman pointed out that Members would be kept informed on cases within their wards and possible actions. RESOLVED that The Empty Homes Policy 2012-15 be adopted, subject to the change of definition referred to above. 97. RECOMMENDATION FROM OVERVIEW AND SCRUTINY COMMITTEE 18 DECEMBER 2012 MINUTE 114: BIG SOCIETY FUND UPDATE REPORT In reply to a question from Mr Jones as to details of the allocation of finance from the Fund, the Chief Executive pointed out that the papers for the Overview and Scrutiny Committee meeting had included such information graphically, in addition to the map showing the location of recipients. RESOLVED that a) A politically balanced working group comprising two Cabinet Members and two Members appointed by the Overview and Scrutiny Committee (Mr N Smith and Mr G Williams) be established to work with officers to review the North Norfolk Big Society Fund. b) A report be presented to Cabinet in March, identifying whether or not the Big Society Fund should be continued in the next financial year and, if so, the most appropriate way for this to be implemented. 98. NNDC REVISED CONSTITUTION The Chairman explained that the Monitoring Officer was unable to be present and suggested that, should any detailed changes be required, the Chief Executive be authorised to make the necessary amendments to the final document. Mrs H Thompson, Chairman of the Constitution Working Party, presented the report. Revisions proposed took account of legislative changes, amendments needed because of internal variations, such as job titles, improvements suggested by the officers and decisions of the Working Party following detailed consideration of the Constitution, which was a living Full Council 7 19 December 2012 document needing to be kept under review. She thanked all involved in producing the revised version, particularly Mary Howard, former Democratic Services Team Leader, and Emma Denny, Democratic Services Officer, who had seen the process through, following Mrs Howard’s retirement. Mrs Thompson proposed the adoption of the revised Constitution with effect from 20 December. This was seconded by Ms V Gay, who endorsed Mrs Thompson’s comments,. RESOLVED To adopt the revised Constitution with effect from 20 December 2012. 99. 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) 100. Standards Committee – 11 September 2012 Audit Committee – 18 September 2012 Licensing and Appeals Committee - 24 September 2012 Overview and Scrutiny Committee - 25 September 2012 Cabinet – 15 October 2012 Development Committee – 18 October 2012 Overview and Scrutiny Committee – 23 October 2012 REPORTS FROM THE CABINET OR MEMBERS OF THE CABINET Mr T FitzPatrick thanked Members and staff for their support and efforts over the last few weeks. Within his own portfolio area, he had been particular impressed with “first call” staff, who had coped with an extremely unusual and sad situation in a dedicated manner. The Communications team had shown great professionalism. He also praised the Democratic Services team for their continued efforts in adverse conditions and Electoral Services for the efficient way in which the recent Police and Crime Commissioner elections had been managed. The achievements of Information Technology, who had experienced a busy year, Revenues and Benefits, who had maintained service levels while taking on extra workload, and Business Enterprise and Economic Development, who had achieved successes, had been greatly appreciated. Mrs A Fitch-Tillett reported on recent activities within her portfolio, particularly on coastal defence, A recent meeting with Lord Smith in London had confirmed that there was insufficient financial support and a shortage of qualified engineers. A part-qualified assistant engineer was about to be appointed by the authority; it was hoped that this investment would obviate the need for consultants once he had become fully qualified. Mrs Fitch-Tillett congratulated Mrs Brettle for her work at Blakeney Marshes. The Environment Agency was shortly to make available a member of staff to assist with integrated coastal management. Finally, she mentioned that next month would see the 60th anniversary of the 1953 floods. A Community Resilience Day was being held at Sea Palling on 28 January to mark the occasion and all were welcome to attend. Mr R Oliver reported on aspects of work in planning and corporate assets, He highlighted the free parking recently agreed for the pre-Christmas period and drew attention to the efforts of Russell Tanner in looking after Sheringham Market. Other achievements included the Full Council 8 19 December 2012 provision of energy efficient lighting and the re-surfacing of car parks in Sheringham. He also reminded Members of the consultation on Planning Performance. Mr T Ivory, portfolio holder for strategic housing, localism and the Big Society, informed the Council that it had been necessary to re-schedule to January a recent meeting of the Big Society Board, which had been inquorate. Recently he had spent an afternoon on the Housing desk and had come away with a sense of pride. It had been an experience he commended to other Members and he wanted to record formally the good work being done in an incredibly difficult situation. Mr J Lee endorsed the remarks of the other portfolio holders regarding staff efforts and achievements and wished Members and officers a Merry Christmas and a Happy New Year. 101. QUESTIONS RECEIVED FROM MEMBERS None received. 102. OPPOSITION BUSINESS None received. 103. NOTICE(S) OF MOTION None received. 104. LIST OF SEALED DOCUMENTS RESOLVED That the list of sealed documents be received. 105. CHAIRMAN’S CLOSING REMARKS The Chairman referred to the funeral for Mr and Mrs Johnson, which would take place on Friday. This would undoubtedly be a difficult day for everybody, but those attending were being asked to wear something bright. In closing the meeting, the Chairman added his own best wishes for the season. The meeting concluded at 7.25 pm. ___ Chairman Full Council 9 19 December 2012