Council
Please Contact: Emma Denny
Please email: emma.denny@north-norfolk.gov.uk
Please Direct Dial on: 01263 516010
12th May 2015
A meeting of the North Norfolk District Council will be held in the Council Chamber at the
Council Offices, Holt Road, Cromer on Wednesday 20 May 2015 at 6.00 p.m.
Members of the public who wish to ask a question or speak on an agenda item are
requested to arrive at least 15 minutes before the start of the meeting. It will not always be
possible to accommodate requests after that time. This is to allow time for the Chairman to
rearrange the order of items on the agenda for the convenience of members of the public.
Further information on the procedure for public speaking can be obtained from Democratic
Services, Tel: 01263 516010, Email: democraticservices@north-norfolk.gov.uk
Anyone attending this meeting may take photographs, film or audio-record the proceedings
and report on the meeting. Anyone wishing to do so is requested to inform the Chairman. If
you are a member of the public and you wish to speak on an item on the agenda, please be
aware that you may be filmed or photographed.
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 northnorf
AGENDA
1.
PRAYER
Led by Reverend Dr Peter Herbert, Curate of Cromer Parish Church with St Martin's
2.
OUTGOING CHAIRMAN’S COMMUNICATIONS
To receive the outgoing Chairman’s communications, if any.
3.
ELECTION OF CHAIRMAN
To elect a Chairman of the Council for the ensuing year.
4.
INCOMING CHAIRMAN’S COMMUNICATIONS
To receive the incoming Chairman’s communications, if any.
5.
APPOINTMENT OF VICE-CHAIRMAN
To appoint a Vice-Chairman of the Council for the ensuing year.
6.
TO RECEIVE DECLARATION OF INTERESTS FROM MEMBERS
Members are asked at this stage to declare any interests that they may have in any
of the following items on the agenda. The Code of Conduct for Members requires
that declarations include the nature of the interest and whether it is a disclosable
pecuniary interest.
7.
APOLOGIES FOR ABSENCE
To receive apologies for absence, if any.
8.
MINUTES
(attached – page 1)
To confirm the minutes of the meeting of the Council held on 6 April 2011.
9.
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.
10.
PUBLIC QUESTIONS
To consider any questions received from members of the public.
11.
APPOINTMENT OF LEADER OF THE COUNCIL
To appoint a Leader of the Council, who shall also be the Chairman of the Cabinet.
12.
REPORT ON APPOINTMENT OF MEMBERS OF THE CABINET
The Leader will report to the Council on all appointments to the Cabinet
13.
REPORT ON APPOINTMENT OF THE LEADER OF THE OPPOSITION
To report to Council on the appointment of the Leader of the Opposition
14.
APPOINTMENT OF COMMITTEES, CHAIRMEN AND VICE CHAIRMEN AND
SUBSTITUTES
(Appendix A to follow)
AGENDA NOTE:
If the Council is to approve alternative arrangements for appointments
to a Committee other than those required by law on political balance, it must be
without any member voting against them.
Council will recall that there is no substitution permitted on Cabinet. Members are
also reminded of the need for Committee Members or Substitutes on the
Development and Licensing and Appeals Committees to have undertaken the
necessary training.
The Chairman of the Overview and Scrutiny Committee will normally be drawn from
the opposition group and the Vice – Chairman from the ruling group. Cabinet
Members can not sit or substitute on the Overview and Scrutiny Committee. The
Chairman of the Audit Committee cannot sit on the Overview and Scrutiny
Committee.
Decision:
15.
APPOINTMENT OF MEMBERS ON WORKING PARTIES, FORUMS AND PANELS
(Appendix B to follow)
Decision:
16.
To recommend Council to appoint North Norfolk District
Council Members on Working Parties, Forums and Panels as
outlined in Appendix B
APPOINTMENT OF MEMBERS TO OUTSIDE BODIES
Decision:
17.
To recommend Council to appoint Committees, Chairmen and
Vice-Chairmen and Substitute Members as outlined in
Appendix A.
(Appendix C to follow)
To recommend Council to appoint Members to the official list
of Outside Bodies as outlined in Appendix C
TO RECEIVE THE APPROVED MINUTES OF THE UNDERMENTIONED
COMMITTEES
To receive the approved minutes of the undermentioned committees:
Cabinet – 09 March 2015
Development Committee – 26 February 2015
18.
REPORTS, UPDATES AND BRIEFINGS FROM THE CABINET OR MEMBERS OF
THE CABINET
To receive any reports, updates or briefings from members of the Cabinet
19.
QUESTIONS RECEIVED FROM MEMBERS
None received
20.
OPPOSITION BUSINESS
None received
21.
NOTICE(S) OF MOTION
None received
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.”
23.
PRIVATE BUSINESS
Circulation:
All Members of the Council.
Members of the Management Team and other appropriate Officers.
Press and Public
COUNCIL
Minutes of a meeting of North Norfolk District Council held on 25 March 2015 at the Council
Offices, Holt Road, Cromer at 6.00 pm.
Members Present:
Mrs S Arnold
Mrs L Brettle
Mrs A ClaussenReynolds
Mrs H Cox
Mr N Dixon
Mrs H Eales
Mrs A M Fitch-Tillett
Mr T FitzPatrick
Ms V R Gay
Mrs A Green
Mr B Hannah
Mr B J Hannah
Mr T Ivory
Officers in
Attendance:
Press:
126.
Mr B Jarvis
Mr G R Jones
Mr J Lee
Mrs A Moore
Mr P W Moore
Mr W J Northam
Miss B Palmer
Mr J Perry-Warnes
Mr R Price
Mr E Seward
Mr R Shepherd
Mr R Smith
Mr J Punchard
Mr R Reynolds
Mr R Shepherd
Mr B Smith
Mr R Smith
Mr R Stevens
Mrs A Sweeney
Mr P Terrington
Mrs V Uprichard
Mr G Williams
Mr R Wright
Mr J Wyatt
Mr A Yiasimi
The Chief Executive, The Corporate Directors, the Monitoring Officer, the
Head of Finance, the Head of Organisational Development, the
Communications Editor and the Democratic Services Team Leader
A member of the press was in attendance
PRAYERS
The Chairman invited Reverend Paul Cubitt of St Nicholas Church, North Walsham to lead
prayers.
127.
CHAIRMAN’S COMMUNICATIONS
The Chairman said that he would return for the annual council meeting on 20 May 2015 but
that he wanted to take the opportunity of saying goodbye now to some members who were not
standing for re-election. He wished them the very best and thanked everyone for their
contribution, saying that the Council had been strong sue to the quality of its councillors.
The Chairman then thanked his Vice-Chairman, Mrs A Claussen-Reynolds for all her support
over the last year. He said that due to his very busy diary, the vice-chairman had often
stepped in to represent him. He also thanked her husband, Councillor R Reynolds for all his
support.
128.
TO RECEIVE DECLARATIONS OF INTEREST FROM MEMBERS
None
129.
APOLOGIES FOR ABSENCE
Apologies for absence were received from Mrs P Grove-Jones, Mr N Lloyd, Mrs B McGoun,
Mr R Oliver, Mr J Savory and Mr S Ward.
130.
MINUTES
The minutes of the meeting held on 25 February 2015 were approved as a correct record and
signed by the Chairman.
131.
ITEMS OF URGENT BUSINESS
None
132.
PUBLIC QUESTIONS
None
133.
APPOINTMENTS
None
134.
RECOMMENDATIONS FROM CABINET 09 MARCH 2015
a) AGENDA ITEM 11: NORTH NORFOLK BIG SOCIETY FUND
The Chairman of the Big Society Fund Grants Panel and Portfolio Holder for Localism, Mr J
Lee, introduced this item. He reiterated comments made at the Cabinet meeting that the Big
Society Fund had been a great success.
Mr M Baker asked whether it was appropriate to commit the future, as yet unelected, Council
to the levels of funding proposed. The Chief Executive replied that the current council was
required to set the budget and the policy framework for the forthcoming year.
Mr G Jones commented that it would be good to have clarity on the approach of the Big
Society Fund Grants Panel towards certain applications. He referred to a recent application
from Knapton Parish Council for match-funding for speed control signs which had been turned
down by the Panel as it could ‘set a precedent’. Mr T FitzPatrick replied that the boundaries
around the criteria were published. He added that a future council could reconsider these.
Mr R Reynolds said that he was very supportive of the Fund and believed that it was a very
effective use of second homes money.
The Vice-Chairman of the Overview and Scrutiny Committee, Mr N Smith, informed Council
that the Overview and Scrutiny Committee had supported the recommendations.
RESOLVED:
1. to agree to continue the Big Society Fund grant scheme at the current level of funding
(£225,000) for another year and to delegate authority to the Head of Economic &
Community Development, in Consultation with the portfolio holder, to make appropriate
revision to the grant terms and conditions to address the matters raised in this report;
2. that £200,000 of the underspend from the budget allocated to the Enabling Fund in
2014/15 be carried forward from this year into next financial year, to be used as potential
match-funding for projects relating to investment, development, regeneration,
revitalisation, promotion or marketing of the District’s seven (market and resort) towns,
bidding for funds under the LEADER programme;
135.
RECOMMENDATIONS FROM OVERVIEW AND SCRUTINY COMMITTEE 18 MARCH 2015
Agenda item 12: Appointments to Outside Bodies
The Vice-Chairman, Mr N Smith introduced this item as he had chaired the meeting in
question.
Mr M Baker said that he was pleased to see that recommendation 3 had finally come to
fruition, after several years of pushing for it. Mrs A Claussen-Reynolds replied that she knew
of at least 2 members who reported back regularly on their outside bodies.
RESOLVED to recommend to Council:
1. That future annual reviews of appointments to outside bodies be presented to the
Overview and Scrutiny Committee in March each year so that recommendations can be
made to the Annual Council meeting regarding process or positions.
2. That a financial summary of payments to Outside Bodies should be included within the
annual review
3. That all members appointed to outside bodies are required to report back at least annually
on the outcome of meetings attended
Mr N Smith went on to inform members that the Overview and Scrutiny Committee had
also made the following resolutions:
1. That the Norfolk Parking Partnership Committee is not fit for purpose and needs to
be reviewed and reconstituted by Norfolk County Council so that the membership
provides input into proposals affecting parking across the County and how they
are consulted on
2. That due to lack of support from residents, Norfolk County Council should agree to
withdraw the proposal for on-street pay and display machines
136.
RECOMMENDATIONS FROM THE CONSTITUTION WORKING PARTY 23 FEBRUARY
2015
The Chairman of the Constitution Working Party, Mrs H Cox, introduced this item. She said
that the Working Party had been working very hard over the previous 3 months and there had
been a lot of debate at the meetings. She thanked the Monitoring Officer for his advice during
those meetings. Mrs Cox said that the proposals were aimed at liberalising the rules of debate
at the discretion of the Chairman and she hoped that Members would support them.
Mr P Terrington congratulated the Working Party on their perception and the wide range of
topics that they had looked at. He said they had considered many of the concerns that had
been previously raised and he hoped that they would go forward and review the Council’s
system of governance.
Ms V Gay said that there was a perception that the Constitution Working Party was very dull
but it should be remembered that governance was at the heart of the Council.
RESOLVED
1. To change Chapter 2, section 12.4(i) of the Council procedure rules ‘Questions by
members’ from 10 working days before the Council meeting to 7 working days
2. To include the following additional wording within the Constitution under Chapter 2,
section 12.4(iii): ‘the Chairman rules that the question could not reasonably have been
prepared in accordance with (i) and (ii) above and is suitable to be put at the meeting
rather than outside the meeting’
3. That Section 17.5 of the Constitution, ‘Rules of Debate’ be amended to ‘ Updates,
briefings, reports and recommendations from Cabinet, committees, sub-committees and
Officers shall be deemed to have been proposed and seconded, and the proposer’s
speech may be taken (for Cabinet) by the Leader or another Cabinet Member deputed by
the Leader or (for Committees and Sub-Committees) by the Chairman, or in his/her
absence the Vice-Chairman, or in both their absence by a Member of the Committee or
Sub-Committee chosen by the Chairman.’‘
137.
RECOMMENDATIONS FROM THE CONSTITUTION WORKING PARTY 16 MARCH 2016
The Chairman of the Constitution Working Party, Mrs H Cox introduced this item. She said
that the group had reviewed the financial regulations and constitutional issues in relation to the
Development Committee and planning delegations. She thanked Democratic Services for their
support in organising the meetings and the Monitoring Officer for his assistance and advice.
Mrs S Arnold, Chairman of the Development Committee said that an additional
recommendation had been made at the meeting of the Development Committee held on 19
March 2015. It was agreed to recommend that Chapter 6, section 6.2 (4) should be amended
to state ‘that applications for wind turbines and solar farms will be determined by the
Development Committee’.
Mr G Williams said that he supported the recommendation but felt that applications for biodigester plants should also be included. Mrs S Arnold agreed that this further amendment
should be included.
It was proposed by Mrs S Arnold, seconded by Mrs A Fitch-Tillett and
RESOLVED
1. To approve amendments to the Financial Regulations (Chapter 9 of the Constitution) to
reflect changes in legislation, postholder titles and to ensure consistency with internal
financial procedures.
2. To approve the changes to the Constitution in relation to the terms of reference of
Development Committee and conditional and default delegation to the Head of Planning,
subject to the above amendment
138.
RECOMMENDATIONS FROM DEVELOPMENT COMMITTEE 27 NOVEMBER 2014
MINUTE 135 – COASTAL CONCORDAT
The Portfolio Holder for the coast, Mrs A Fitch-Tillett introduced this item. She said that the
proposals were related to the Government’s ‘red tape challenge’ and reduced the need to
seek permissions from several parties for coast protection work. The Coastal Concordat was a
one-stop document that would save the Council time and money in the future.
RESOLVED
To amend the Constitution and Scheme of Delegation to enable Development Committee to
determine controversial applications for Coastal Protection Consent, in circumstances where
the Council as Local Planning Authority is acting as the lead authority under the Coastal
Concordat and the Head of Service declines to use their delegated authority.
139.
TO RECEIVE THE APPROVED MINUTES OF THE UNDERMENTIONED COMMITTEES
The minutes of the meetings below were noted as a correct record.
a)
b)
140.
Cabinet – 02 February 2015
Development Committee – 29 January 2015
REPORTS FROM THE CABINET OR MEMBERS OF THE CABINET
Before inviting members of the Cabinet to speak, the Chairman informed members that he had
not been able to hold a Chairman’s Reception. He had planned to hold it at the former RAF
Coltishall but that had not been possible and it had proved difficult since then to find a venue.
He said that he intended to donate the money that would have been spent on the reception to
three charities – his two nominated charities and the North Walsham Round Table. It was
proposed that they would receive a donation of £1k each.
The Leader, Mr T FitzPatrick then informed members that several members from the
Conservative group were not standing for re-election. He thanked them all for their support
and wished them the best for the future. At the request of Mrs S Arnold, the other political
groups were also invited to mention their members who were standing down.
Mr FitzPatrick then went onto say that an enforcement notice had been served on the tyre
mountain at Tattersett. He said that the tyre mountain had been there since 1998 and that this
was a positive action rather than a punitive one.
Mr G Williams then spoke about Cromer Pier receiving the ‘Pier of the Year’ award from the
National Pier Society. He said that this was well-deserved recognition for an iconic pier.
141.
QUESTIONS FROM MEMBERS
Two questions had been received from Mr G Jones:
Question 1:
‘Some while back I held a meeting with the external auditors and asked them to evaluate a risk
assessment for the District Councils heavy reliance on car parking income. I have not had an
adequate reply or any reply of substance,
Will the Chief Executive advise on what rights the members of the council have to raise issues
with the external auditors and whether they have a right to a proper response when they do?’
Question 2:
1. Will the District Council arrange for a full professional and independent review of the
Hopkins Homes Viability Assessment and its impact on the needs of the people of North
Walsham and the surrounding areas?
2. Will the District Council seek to agree, with Hopkins Homes, the publication of the Viability
Assessment so that the public can, in the interest of transparency, have the opportunity to
discuss whether the District Councils conclusions were in line with the District Councils
policies and the interest of the council tax payers and those seeking affordable housing in
the area?
3. Will the District Council agree to seek external professional advice in making any future
agreements?
Mr N Dixon, Chairman of the Audit Committee was invited to respond to question 1. He
referred members to the printed response that had been circulated at the start of the meeting
(available from Democratic Services).
Mr G Jones asked who had prepared the response as he believed it to be incorrect. The Chief
Executive confirmed that the s151 Officer had written the response. Mr Jones replied that he
should have seen the response before it was circulated. He concluded by saying that he had
concerns about what would happen to the Council if the Government decided that car parking
income should go to town and parish councils. The Chief Executive said that Mr Jones had
raised his concern and had then met with the external auditor. The external auditor then met
with the Chief Executive and advised her that they did not have any concerns. Materiality was
£1m and this was far above the figures that Mr Jones had referred to. She concluded by
saying that as far as herself, the Head of Finance and the External Auditor were concerned
there was no issue of concern and therefore it was sent to the Audit Committee to ascertain
whether they had any concerns which they did not.
Mr T FitzPatrick was invited to respond to question 2. He referred members to the written
response that had been circulated at the start of the meeting.
Mr G Jones said that once again he had received the response at short notice. He said there
was something wrong with the Council if members were not allowed to talk about the secret
viability assessment that had taken place. He asked why there could not be at least 10%
affordable housing on the site concerned as it was badly needed. Mr Jones said that he was
also very aggrieved that the pre-amble to his question had not been included within the
agenda as it provided crucial background information. Mr T FitzPatrick replied that Mr Jones
had circulated the preamble to all members and to the press. He referred Mr Jones to the
second paragraph of the written response and said that just because the viability assessment
had been undertaken by officers it did not mean that it had not been done correctly. He went
onto say there had been no secret documents and that site was right in the heart of North
Walsham and had been derelict for years. The provision of market housing would free up other
housing for residents of North Walsham. Mr Jones requested that Mr FitzPatrick withdrew his
comment regarding officers undertaking viability assessments and said that he was
dissatisfied with how his question had been dealt with and was leaving the meeting
immediately.
The Chairman informed members that Mr Jones could have submitted his question as a
motion if he had wanted a debate. Mr Jones had been advised of this but had refused. The
Chief Executive said that the viability assessment which Mr Jones had referred to was
available for any member to see.
142.
OPPOSITION BUSINESS
None
143.
NOTICE(S) OF MOTION
None
144.
PRIVATE BUSINESS
None
Before closing the meeting, the Vice-Chairman said that she wished to thank the Chairman for
his excellent chairmanship. The Chief Executive added that on behalf of all officers she sent
best wishes to members standing down and to those standing for re-election.
The Chairman thanked all officers for their support and hard work during his term of office and
reiterated his thanks to members.
The meeting concluded at 7.15pm.
_________________________
Chairman