Council
Please Contact: Emma Denny
Please email: emma.denny@north-norfolk.gov.uk
Please Direct Dial on: 01263 516010
16 June 2014
A meeting of the North Norfolk District Council will be held in the Council Chamber at the
Council Offices, Holt Road, Cromer on Tuesday 24 June 2014 at 6.00 p.m.
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.
PRAYER
Led by Reverend Anthony Long, Vicar for Scottow and Sloley
2.
CHAIRMAN’S COMMUNICATIONS
To receive the Chairman’s communications, if any.
3.
TO RECEIVE DECLARATIONS 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.
4.
APOLOGIES FOR ABSENCE
To receive apologies for absence, if any.
5.
MINUTES
(attached – page 1)
(Minutes Appendix A – p.10)
To confirm the minutes of the meeting of the Council held on 21 May 2014.
7.
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.
8.
PUBLIC QUESTIONS
To consider any questions received from members of the public.
9.
APPOINTMENTS
To consider any appointments.
10.
RECOMMENDATIONS FROM LICENSING AND APPEALS COMMITTEE 7 May
2014
a)
AGENDA ITEM 6: LICENSING FEES AND CHARGES POLICY
(Licensing and Appeals Committee Agenda 07 May 2014 – p. 26)
(Fees & Charges Policy attached p.13)
To agree and recommend to Council the proposed fees and charges for the licensing
function
b) AGENDA ITEM 7: CARAVAN SITE LICENSING FEES
(Licensing and Appeals Committee Agenda 07 May 2014 – p. 32)
(attached – p.18)
That Council adopts the proposed fees for mobile homes licensing
c)
AGENDA ITEM 8: LICENSING POLICY FOR SEX ESTABLISHMENTS
(Licensing and Appeals Committee Agenda 07 May 2014 p. 34)
(Policy document - Licensing and Appeals Committee Agenda 07 May 2014 p.37)
That Council adopts the Licensing policy for sex establishments
11.
RECOMMENDATIONS FROM CABINET 12 MAY 2014
(Cabinet Agenda 12 May 2014 – p.35)
AGENDA ITEM 9: NORTH NORFOLK ASSET MANAGEMENT PLAN
1. That the Asset Management Plan be approved as the basis for the strategic
framework for asset management at North Norfolk District Council, including
implementation of the Action Plan.
2. That a capital budget of £110,000 is approved to continue the improvement works
to the Council’s car parks.
RECOMMENDATIONS FROM OVERVIEW AND SCRUTINY COMMITTEE 20 MAY
2014
The Overview and Scrutiny Committee endorsed the Cabinet recommendations at
their meeting on 20th May 2014.
12.
RECOMMENDATIONS FROM CABINET 09 JUNE 2014
a) AGENDA ITEM 10: 2013/14 OUTTURN REPORT
(Cabinet Agenda – 09 June 2014 Page 6)
(Appendix A – p. 22) (Appendix B – p.23) (Appendix C – p.50) (Appendix D – p.53)
(Appendix E – p.59)
That Council approves the following:
a) The final accounts position for the general fund revenue account for 2013/14;
b) The transfers to and from reserves as detailed within the report (and appendix C)
along with the corresponding updates to the 2014/15 budget;
c) Transfer the surplus of £119,011 to the general reserve;
d) The financing of the 2013/14 capital programme as detailed within the report and
at Appendix D;
e) The balance on the general reserve of £1,745,452 at 31 March 2014 and forecast
balance of £1,496,220 at 31 March 2015;
f) The updated capital programme for 2014/15 to 2015/16 and the associated
financing of the schemes as outlined within the report and detailed at Appendix E;
g) A capital budget of £30,000 for replacement hardware storage as detailed within
7.2 of the report.
RECOMMENDATIONS FROM THE OVERVIEW & SCRUTINY COMMITTEE 18
JUNE 2014
The Overview and Scrutiny Committee will consider the recommendations at their
meeting on 18 June 2014 and the Chairman will provide an oral update at the Council
meeting.
b) AGENDA ITEM 12: DEBT RECOVERY ANNUAL REPORT
(Cabinet Agenda – 09 June 2014 Page 68)
(Appendix F –p.74) (Appendix G – p.79) (Appendix H – p.81)
To approve the annual report giving details of the Council’s write-offs in accordance
with the Council’s Debt Write-Off Policy and performance in relation to revenues
collection.
RECOMMENDATIONS FROM THE OVERVIEW & SCRUTINY COMMITTEE 18
JUNE 2014
The Overview and Scrutiny Committee will consider the recommendations at their
meeting on 18 June 2014 and the Chairman will provide an oral update at the Council
meeting.
c)
AGENDA ITEM 13: TREASURY MANAGEMENT ANNUAL REPORT
(Cabinet Agenda – 09 June 2014 Page 84)
(Appendix J – p.89) (Appendix K – p.90) (Appendix L – p.91)
To approve the Treasury Management Annual Report and Prudential Indicators for
2013/14.
RECOMMENDATIONS FROM THE OVERVIEW & SCRUTINY COMMITTEE 18
JUNE 2014
The Overview and Scrutiny Committee will consider the recommendations at their
meeting on 18 June 2014 and the Chairman will provide an oral update at the Council
meeting.
d) AGENDA ITEM 15: CAR PARKING MANAGEMENT AND PRICING
(Cabinet Agenda – 09 June 2014 Page 99)
That Council approves the budget implications detailed within Section 6 of the report
(attached – p.20)
RECOMMENDATIONS FROM THE OVERVIEW & SCRUTINY COMMITTEE 18
JUNE 2014
The Overview and Scrutiny Committee will consider the recommendations at their
meeting on 18 June 2014 and the Chairman will provide an oral update at the Council
meeting.
13.
RECOMMENDATIONS FROM THE OVERVIEW AND SCRUTINY COMMITTEE 18
JUNE 2014
To consider any further recommendations from the Overview and Scrutiny
Committee meeting of 18 June 2014.
(Please note this meeting was held after the Council agenda was published and a
hard copy of any recommendations will be provided prior to the meeting)
14.
TO RECEIVE THE APPROVED MINUTES OF THE UNDERMENTIONED
COMMITTEES
Members are requested to note that the minutes of the undermentioned committees
have been approved. Copies of all the minutes are available on the Council’s website
or from Democratic Services.
a)
b)
c)
d)
e)
15.
Overview & Scrutiny Committee – 12 February 2014
Overview & Scrutiny Committee – 12 March 2014
Cabinet – 14 April 2014
Development Committee – 17 April 2014
Cabinet – 12 May 2014
REPORTS FROM THE CABINET OR MEMBERS OF THE CABINET
To receive reports from the Cabinet or Members of the Cabinet.
16.
QUESTIONS RECEIVED FROM MEMBERS
The following question has been submitted by Councillor G Jones:
In a recent press release from the North Norfolk Conservative Association, Councillor
Rhodri Oliver is quoted as saying that “they” are able to give savings to the hard
pressed motorists because “they” got a better settlement for storm relief and “they”
wanted to relieve the pressures on the community and visitors.
The truth is rather less imaginative and less fanciful. In the February cabinet papers it
was reported that the cost of the storm damage would require that £1.5 million to be
earmarked from reserves. Subsequently relief was received from two sources of
£765,000 and £143,000, with a further potential claim in the pipeline. This will require
a further £500,000 of residual cost to be found from reserves in 2014 -2015.
So, it is abundantly clear that the Conservatives’, under Councillor Rhodri Oliver’s
chairmanship, were clueless about the District Council’s finances or they set out to
mislead the public because of the realisation that the next district council election is
drawing near.
What is the full year cost of the proposed changes to car parking charges and given
that for the next two financial years there are massive shortfalls in the revenue
budget, how will these changes be funded?
17.
OPPOSITION BUSINESS
To receive any opposition business.
18.
NOTICE(S) OF MOTION
None received
19.
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.”
20.
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 21 May 2014 at the Council
Offices, Holt Road, Cromer at 6.00 pm.
Members Present:
Mr M Baker
Mrs L Brettle
Mr B Cabbell Manners
Mrs A ClaussenReynolds
Mr N D Dixon
Mrs A M Fitch-Tillett
Mr T FitzPatrick
Ms V Gay
Mrs A Green
Mrs P Grove-Jones
Mr B Hannah
Mr P High
Mr T Ivory
Mr J H A Lee
Mr N Lloyd
Mrs A Moore
Mr P W Moore
Mr J H Perry-Warnes
Mr R Price
Mr J Punchard
Mr R Reynolds
Mr E Seward
Mr R Shepherd
Mr B Smith
Mr N Smith
Mr R Smith
Mr R Stevens
Mrs A Sweeney
Mr P Terrington
Mrs V Uprichard
Mr S Ward
Mr G Williams
Mr P Williams
Mr J A Wyatt
Officers in
Attendance:
The Chief Executive, The Corporate Director (NB)
The Corporate Director (SB), the Monitoring Officer and the Democratic
Services Officer (TGS)
Also in
Attendance:
The Press
1.
PRAYERS
The Chairman introduced the Reverend Libby Dady, Rector at Glaven Valley, who led the
meeting in prayer.
2.
OUTGOING CHAIRMAN’S COMMUNICATIONS
Mrs L Brettle stated that it had been a privilege to act as Chairman for the year. In a year that
would be remembered for the devastating storm surge in December 2013, she stated that
local organisation had been excellent as communities had pulled together. She applauded
member and officer dedication to charity in her year in office, particularly with regards to her
two chosen charities, Glaven Caring and Break. She commended the work of the Big Society
Fund, which had provided support at parish and town council level alike. She hoped the fund
continued to work as successfully and encouraged further applications from all aspects of the
community. She gave her personal thanks to her Vice-Chairman and his wife for their
exceptional work. She also gave her thanks to the Democratic Services Team and the PA
team for their hard work through the year. She finally thanked her husband, Harvey, for all his
support throughout the year, and wished the new Chairman the best of luck for the upcoming
year.
Council
1
21 May 2014
3.
ELECTION OF CHAIRMAN
It was proposed by Mr T FitzPatrick and seconded by Mrs A Fitch-Tillett that Mr T Ivory be
elected Chairman. There being no other nominations, it was unanimously
RESOLVED that
Mr T Ivory be elected Chairman of the Council for the ensuing year.
Mrs L Brettle then vacated the Chair in favour of Mr T Ivory.
4.
INCOMING CHAIRMAN’S COMMUNICATIONS
The incoming Chairman thanked members for his nomination, stating he was humbled by the
honour. He hoped to do his best to uphold the dignity of the office. He gave his thanks to the
outgoing Chairman, stating she was a role model for the position, and he hoped to aspire to
her successes. He also gave his thanks to the outgoing Chairman’s husband for supporting
Mrs L Brettle, and also gave thanks to the Vice-Chairman and the Vice-Chairman’s wife for
their hard work during the year
5.
APPOINTMENT OF VICE-CHAIRMAN
It was proposed by Mr T FitzPatrick and seconded by Mr G Williams that Mrs A ClaussenReynolds be appointed Vice Chairman of the Council. There being no other nominations, it
was
RESOLVED that
Mrs A Claussen-Reynolds be appointed Vice Chairman of the Council for the ensuing year.
6.
TO RECEIVE DECLARATION OF INTERESTS FROM MEMBERS
None
7.
APOLOGIES FOR ABSENCE
Apologies for absence were received from Mrs H Cox, Mrs H Eales, Mrs B McGoun, Mr R
Oliver, Miss B Palmer, Mrs L Walker, Mr R Wright and Mr A Yiasimi.
8.
MINUTES
The minutes of the meeting of Full Council held on 30 April 2014 were approved as a correct
record.
9.
ITEMS OF URGENT BUSINESS
None
10.
PUBLIC QUESTIONS
None
11.
REPORT ON THE CABINET
The Leader, Mr T FitzPatrick said that there would be no changes to the Cabinet or the
Portfolio responsibilities at this time.
Council
2
21 May 2014
He thanked the outgoing Chairman for her hard work in a particularly difficult year. He
expressed his sadness at the outgoing Vice-Chairman not taking up the position of Chairman
and thanked him for his exceptional hard work throughout the year.
He reminded members that the only Cabinet change during the year was the stepping down of
Mr T Ivory, the newly appointed Chairman. He expressed his happiness at Mr T Ivory agreeing
to take up the position of Chairman, as well as commenting that he was exceptionally pleased
with Mr G Williams’ performance on the Cabinet so far.
He also gave particular thanks to his Deputy Leader for his hard work, who supported and
challenged him throughout the year.
12.
APPOINTMENT OF COMMITTEES, CHAIRMEN AND VICE CHAIRMEN AND
SUBSTITUTES
The Chairman referred to Chapter 2, section 17.5 of the constitution and expressed his desire
that all reports and recommendations from Cabinet, committees, sub-committees and Officers
should be deemed to have been duly proposed and seconded when being discussed at Full
Council. He expressed that formal proposing in the upcoming council year would be
unnecessary. He further explained to members that Cabinet members would leave their
replies to the end of a discussion of an item, and reply to member concerns en bloc.
The Leader explained that he had a number of slight changes to committee membership,
proposing that Mrs L Brettle be removed from Norfolk Joint Museums Committee and Mr G
Williams be appointed. Mr G Williams seconded and it was
RESOLVED
To appoint Committees, Chairmen and Vice Chairmen and Substitutes, as detailed below, for
the ensuing year.
Council
COMMITTEE
CONSERVATIVE(S)
Scrutiny Committee
(politically balanced)
Mrs A ClaussenReynolds
Mrs A Green
Mr B Jarvis
Mr J H PerryWarnes
Mr R Reynolds
Mr N Smith (VC)
Mr R Shepherd
Development
Committee
(politically balanced)
Mrs S A Arnold (C)
Mrs L Brettle
Mrs A Green
Miss B Palmer
Mr J H PerryWarnes
Mr R Reynolds (VC)
Mr R Shepherd
Mr B Smith
3
LIBERAL
DEMOCRAT(S)
Ms V R Gay
Mrs B McGoun
Mr P Moore (C)
Mr E Seward
INDEPENDENT
Mrs P GroveJones
Mr P High
Mrs A Sweeney
Mrs V Uprichard
Mr J A Wyatt
Mr M Baker
Mr P Terrington
21 May 2014
Council
Audit Committee
(politically balanced)
Mr N D Dixon (C)
Mr B Jarvis
Miss B Palmer (VC)
Mr R Reynolds
Mrs A Moore
Mr D Young
Licensing & Appeals
Committee
Mrs A ClaussenReynolds
Mrs A Green
Mr B Jarvis
Miss B Palmer
Mr R Price (C)
Mr R Reynolds
Mr R Shepherd
Mr B Smith
Mrs H Cox (VC)
Mrs P GroveJones
Mr B J Hannah
Mr P W High
Mr P W Moore
Mrs A Sweeney
Mr J A Wyatt
Standards
Committee
(politically balanced)
Miss B Palmer
Mr J D Savory
Mr R Stevens
Mrs H Cox (C)
Mr B J Hannah
Mr P Moore (VC)
Mr P Williams
Joint Staff
Consultative
Committee
Mrs S A Arnold
Mr T FitzPatrick
(VC)
Mr N Smith
Mr P W High
Mrs B McGoun
JOINT
COMMITTEES &
PARTNERSHIPS
Partnership
Committee –
Revenues and
Benefits Shared
Services
Norfolk Joint
Museums
Committee
Norfolk Parking
Partnership Joint
Committee (now
includes the Civil
Parking
Enforcement
Committee)
Norfolk Waste
Partnership
PATROL
Adjudication and
Bus Lane
Adjudication Joint
Committee
CONSERVATIVE(S)
LIBERAL
DEMOCRAT(S)
SUBSTITUTES
Mr T FitzPatrick
Mr W J Northam
Mr E Seward
Miss B Palmer
Mrs A Moore
Mr G Williams
Mr G Allen
Mr R Barr
Mr A Bullen
Mrs M Evans
Mr H Gupta
Mr A Nash
Mrs A Shirley
Mr R Reynolds
Mr R Oliver
Mr T FitzPatrick
Mr R Oliver
4
21 May 2014
Police and Crime
Panel
County Community
Safety Partnership
Scrutiny Panel
Mr R Shepherd
Mr R Reynolds
Mr R Reynolds
Mr S Ward
CHAIRMEN, VICE – CHAIRMEN AND SUBSTITUTE MEMBERS OFCOMMITTEES
13.
COMMITTEE
CHAIRMAN
Scrutiny
Mr P W Moore
Committee
VICE-CHAIRMAN
Mr N Smith
SUBSTITUTE(S)
Mr M J M Baker
Mr D Young
Miss B Palmer
Mr R Price
Mr S Ward
Mr A Yiasimi
Mr N Lloyd
Mrs V Uprichard
Development
Committee
Mrs S A Arnold
Mr R Reynolds
Audit
Committee
Mr N D Dixon
Miss B Palmer
Mrs B McGoun
Mr E Seward
Mrs L Walker
Mr N Smith
Mr S Ward
Mr N Dixon
Mrs A Claussen-Reynolds
Mr R Stevens
Mr P Terrington
Mr P Williams
Ms V R Gay
Mr R Shepherd
COMMITTEE
CHAIRMAN
Licensing &
Mr R Price
Appeals
Committee
Standards
Mrs H Cox
Committee
VICE-CHAIRMAN
Mrs H Cox
Joint Staff
Consultative
Committee
Mr T FitzPatrick
Mr S Case
(staff)
Mr P W Moore
SUBSTITUTE(S)
Mr P W High
Mrs B A McGoun
Mr J A Wyatt
Mr R Shepherd
Mr N Smith
Mr S Ward
Mrs P Grove-Jones
Mr R Oliver
APPOINTMENT OF MEMBERS ON WORKING PARTIES, FORUMS, AREA AND
ADVISORY COMMITTEES
The Leader proposed a number of changes to the list as detailed of appointment of members
on working parties, forums, area and advisory committees, proposing that Mr T Ivory be
removed from the Planning Policy and Built Heritage working party and Mr R Reynolds be
Council
5
21 May 2014
appointed, and that Mr R Oliver be removed from the Member Development Group and Mrs A
Claussen-Reynolds be appointed.
It was proposed by Mr T FitzPatrick, seconded by Mrs A Fitch-Tillett and
RESOLVED
To appoint Members on Working Parties, Forums, Area and Advisor Committees, as detailed
below, for the ensuing year.
APPOINTMENT OF MEMBERS ON WORKING PARTIES, FORUMS, AREA AND
ADVISORY COMMITTEES
WORKING PARTY,
FORUM, PANEL
Planning Policy and
Built Heritage
Working Party
(politically balanced)
No of
seats
11
Member
Development Group
(Non political
Member/Officer
Group) (Not
Politically Balanced)
Coastal Forum
(Members with
Coastal Wards or
Special
Responsibility for
Coastal Issues) (Not
Politically Balanced)
6
Constitution Working
Party
(politically balanced)
5
CONSERVATIVE
Mr B Cabbell
Manners C
Mr N Dixon
Mrs A Green
Mr R Reynolds
Mrs S Arnold VC
Miss B Palmer
Mrs A ClaussenReynolds
Mr B Smith
Mr N Smith
Mr G Williams C
Mrs H Eales
Mr J Lee
Mr R Price
Mr B Smith
Mr W Northam
Mr J Savory
Mr B CabbellManners
Mrs A Fitch-Tillett
Mrs L Brettle
Mrs H Cox
Mr B Jarvis
Mr R Shepherd
Mr R Oliver
Mrs A M FitchTillett
Mrs H Cox C
Miss B Palmer
LIBERAL
DEMOCRAT
Mrs P GroveJones
Mr P W High
Mr P Williams
Mr D Young
OTHER
Mr M Baker
Mrs V Uprichard
Mr P W High
Mr D Young
Mr B Hannah
Mr R Smith
Mrs A Sweeney
Mrs L Walker
Mr P Williams
Mr A Yiasimi
Mr P
Terrington
Mr G Jones
Ms V R Gay
Mrs A M Moore
Mr J Punchard
(sub)
Council Tax Support
Working Party
(politically balanced)
Council
5
Mrs A ClaussenReynolds
Mr W Northam C
Mr R Oliver
6
Ms V R Gay
Mr D Young
21 May 2014
WORKING PARTY,
FORUM, PANEL
Big Society Fund
Grants Panel
No of
seats
7
CONSERVATIVE
Mr J Lee C
Mr B Jarvis
Mr R Reynolds
Mr S Ward
LIBERAL
DEMOCRAT
Mrs P GroveJones
Mr P High VC
Mr J Wyatt
Mrs V Uprichard
(sub)
OTHER
CHAIRMEN AND VICE – CHAIRMEN (WHERE APPROPRIATE)
14.
WORKING PARTY,
FORUM, PANEL
Planning Policy and Built
Heritage Working Party
CHAIRMAN
VICE - CHAIRMAN
Mr B Cabbell-Manners
Mrs S Arnold
Member Development
Group
(Non political
Member/Officer Group)
(Not politically Balanced))
Constitution Working Party
Mr G Williams
Council Tax Support
Working Party
Big Society Grants Fund
Panel
Mr W J Northam
Mrs H Cox
Mr J Lee
Mr P High
APPOINTMENT OF MEMBERS TO OUTSIDE BODIES
The Leader introduced the revised list of members to Outside Bodies. The Chairman of
Overview and Scrutiny assented his agreement to the outlined list.
The Chairman made an observation that he was no longer the member who attended the
North Walsham Leadership of Place group. The Leader agreed this was an error and Mr J Lee
should be proposed in his place.
Mr M Baker commented that their seemed to be a myriad of bodies which did not seem
necessary, particularly as members so rarely received reports from these bodies.
Mr P Terrington referred to the motion passed in July 2013 at Full Council, which stated that
‘This Council believes that representation to outside bodies should be more representative of
the political composition of the Council it therefore refers the matter to the Constitution
Working Party to report back to Council within the current calendar year with their
recommendations’. He explained that whilst the Constitution Working Party had discussed this
motion he was disappointed that a more representative political composition had not been
achieved, and he would be registering his protest vote.
The Chairman responded that Mr P Terrington could propose an amendment to the list if he so
desired. The Leader further commented that the list of nominations had been discussed at the
leaders meeting, and that he believed the Leader of the Opposition and the Leader of the
Independent Group had been satisfied with the tabled list, following one amendment to the
Wells Maltings Trust. He further explained that some outside bodies had requested
representation from the relevant portfolio holder, which may occasionally cause issues. Mr M
Baker queried the necessity of portfolio holders being the representatives on outside bodies
Council
7
21 May 2014
and requested that a report on outside bodies be produced for members. The Chief Executive
replied that a report would be going to Overview and Scrutiny regarding outside body
membership, with a review of the requirements of the bodies. The Chairman thanked the Chief
Executive for her comments and added that this was reflected in the recommendations of the
report.
It was proposed by Mr T FitzPatrick, seconded by MR J Lee and
RESOLVED
That the Council appoints Members to the schedule of approved Outside Bodies for the
2014/15 civic year as detailed in Minutes Appendix A.
Mr P Terrington and Mr G Jones abstained.
15.
RECOMMENDATION FROM CABINET 12 MAY 2014
a) AGENDA ITEM 8: ADOPTION OF EGMERE LOCAL DEVELOPMENT ORDER
Mr T FitzPatrick introduced this item in the absence of the Portfolio Holder, Mr R Wright. He
said that the Local Development Order would promote a positive environment for inward
investment by clustering development and promoting skills amongst local people along the
Fakenham/Wells corridor. There had been a lot of consultation with local residents who were
supportive of the proposals. He concluded by saying the Council would continue to press for a
reduction in the speed limit along the Fakenham/Wells corridor.
Mr P W Moore, Chairman of the Overview and Scrutiny Committee confirmed that this item
had been considered by the Committee at their meeting on 20 May 2014 and that they were
fully supportive of the proposals. He requested that the Committee was kept informed of any
progress regarding changes to the speed limit.
It was proposed by Mr T FitzPatrick, seconded by Mr R Reynolds and
RESOLVED
That the Egmere Local Development Order be adopted.
16.
TO RECEIVE THE MINUTES OF THE UNDERMENTIONED COMMITTEES
RESOLVED
To note the approved minutes of the undermentioned committees:
a)
b)
c)
d)
e)
f)
g)
h)
17.
Audit Committee – 10 December 2014
Licensing & Appeals Committee – 13 January 2014
Development Committee – 23 January 2014
Cabinet – 03 February 2014
Overview & Scrutiny Committee – 12 February 2014
Development Committee – 20 February 2014
Cabinet – 03 March 2014
Development Committee – 26 March 2014
REPORTS FROM THE CABINET OR MEMBERS OF THE CABINET
Mrs A Fitch-Tillett had two items to bring to the attention of the Council. Firstly, she wished to
congratulate the district on achieving four blue flag beaches and one seaside award. She
commented that all members should be proud of this achievement, particularly following the
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8
21 May 2014
storm surge in December 2013 and that members should inform their constituents of this
achievement. Secondly, she brought to the attention of members that it was Noise Awareness
Week and that staff were promoting this at Sainsbury’s in North Walsham to encourage
communication in communities, if members wished to stop by.
The Chairman thanked officers for their hard work during the civic year, and looked forward to
another successful year at NNDC.
18.
QUESTIONS RECEIVED FROM MEMBERS
None received.
19.
OPPOSITION BUSINESS
None received.
20.
NOTICE(S) OF MOTION
None received.
The meeting concluded at 6.40 pm.
__________________
Chairman
Council
9
21 May 2014
Minutes 21st May 2014
Appendix A
REPRESENTATIVES ON OUTSIDE BODIES
ORGANISATION
Active Norfolk
NUMBER OF
REPRESENTATIVES
1
MEMBER (S) & SUBSTITUTE(S)
WHERE REQUIRED
Miss B Palmer
Bacton Gas Terminal
Environmental Liaison Committee
4
Broads Authority
1
Broads Internal Drainage Board
8
Citizen’s Advice Stakeholder
Forum
2
Community Rail Norfolk
1
Mr R Oliver (Director)
Cromer Lawn Tennis & Squash
Association
3
Mr R Oliver
Mrs H Cox
Mr T FitzPatrick
CSG East
1
Mr R Oliver (Director)
Former RAF Coltishall Community
Liaison Reference Group
3
Happisburgh Lighthouse Trust
1
Mr R Wright
Mr T Ivory
Mr G Williams
Mrs L Walker
Health and Well Being Board
1
Mr J Lee
HMP Bure Liaison Committee
3
Mr T Ivory
Mr R Shepherd
Mr G Williams
Holt & Dereham Citizens Advice
Bureau
Local Government Association –
SIG - Coastal issues
1
Mr D Young
1+ Sub
Norfolk Arts Forum
1
Norfolk Coast Partnership
1+2 Subs
10
Mrs A M Fitch-Tillett
Mr W J Northam
Mr R Price
Mr B Smith
Mr R Stevens
Mrs A M Fitch-Tillett
Mr W J Northam
Mr R Price
Mr R Shepherd
Mr R Stevens
Mrs P Grove-Jones
Mr N Smith
Mr P Williams
Ms B Palmer
Ms V Gay
Mrs A M Fitch-Tillett
(Mr R Shepherd))
Mr B Jarvis
Mrs A M Fitch-Tillett
(Mrs L Brettle)
(Mr R Shepherd)
Minutes 21st May 2014
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
Norfolk Health Overview & Scrutiny
1+Sub
Committee (must be a Member of
Overview & Scrutiny Committee)
Norfolk Rail Policy Group
1+Sub
MEMBER (S) & SUBSTITUTE(S)
WHERE REQUIRED
Mrs A Claussen-Reynolds
(Mr B Jarvis)
Mrs H Cox
(Mr R Wright)
Mrs A Claussen-Reynolds
Norfolk Records Committee
1
Norfolk Rivers Internal Drainage
Board
5
Mrs A Green
Mr J H Perry-Warnes
Miss B Palmer
Mr R Shepherd
Mr J A Wyatt
Norfolk and Suffolk Energy
Alliance
1
Mr R Wright
Norse Environmental Waste
Services (NEWS)
1
North Norfolk Business Forum
(and Tourism Sector Round Table)
1
Mr N Smith
North Norfolk Renewables
Partnership
1
Mr R Wright
North Norfolk Historic Buildings
Trust
1
Mrs A Green
North Norfolk Community
Transport Association
2
Mr B Smith
Mr N Lloyd
North Walsham Sports Hall
Management Committee
2
Mr N Lloyd
Sheringham Little Theatre Society
Board
2
Mr R Oliver
Mr R Stevens
Sheringham Recreation Ground
Liaison Committee
2
Mr R Oliver
Mr R Shepherd
Southrepps Commons
Management Committee
1
Mrs S A Arnold
Visit North Norfolk Coast &
Countryside
(Directors)
The Wash & North Norfolk Coast
Marine Special Area of
Conservation Management Group
Wells Harbour Users’ Advisory
Committee
2
Mr R Wright
Mr P Williams
1
Mrs A Fitch-Tillett
Mrs L Brettle (substitute)
1
Mr T FitzPatrick
Mr T FitzPatrick (Director)
11
Minutes 21st May 2014
Appendix A
ORGANISATION
Wells Maltings Trust
NUMBER OF
REPRESENTATIVES
1
1 Sub
MEMBER (S) & SUBSTITUTE(S)
WHERE REQUIRED
Mr P Terrington
(Mr J Savory)
Short-term groups focussed on a specific project
ORGANISATION
North Walsham Leadership of
Place
NUMBER OF
REPRESENTATIVES
2
MEMBER(S) & SUBSTITUTE(S)
WHERE REQUIRED
Mr T Ivory
Mr E Seward
Bodies that have not commenced operating
ORGANISATION
NUMBER OF
REPRESENTATIVES
Fakenham Community Campus
Trust (formerly Fakenham
Community Centre Management
Committee)
tbc
12
MEMBER(S) & SUBSTITUTE(S)
WHERE REQUIRED
Mr J Punchard
Agenda Item 10 (a)
APPENDIX A
NORTH NORFOLK DISTRICT COUNCIL
Fees and Charges Policy
DRAFT
13
Fees and Charges Policy
1. Purpose
1.1 This policy establishes the principles for the charging for services provided
by the Licensing Service. It aims to recognise the competing priorities the
Council faces when charging residents, businesses and other users for its
services.
2. Scope and Application
2.1 This policy covers all services that can attract charges to external
customers.
2.2 Regard will be had to this policy when fees and charges are being
reviewed.
2.3 This policy does not over ride specific legislation or statutory guidance
where it exists.
3. Principles for Setting Charges
3.1 There are four key principles for setting fees and charges
3.11 Achieve full cost recovery
The charging arrangements for any service should, where practicable,
meet the full cost of providing the service and include arrangements for
income collection, in line with the Council’s policies and procedures.
The full cost of provision should also include:
o A share of central support costs
o The cost of the officers involved to include on costs such as
pension, national insurance and training
o Allow for the effects of inflation
o The provision of any necessary equipment, including
maintenance and replacement computer programmes
o Development and maintenance of policy, procedures and
guidance
o Management costs specific to the function and more generally
o Provision of any legal costs where reasonably incurred
o Bad debt provision
3.12 Ensure legal compliance
The Council must comply with all legal requirements for setting fees or
charges and generating income. Where appropriate, this will override
other factors to ensure the Council is not exposed to the risk of legal
challenge.
3.13 Meet the ambitions of the corporate plan.
Income generation must be balanced against the wider aims of the
Council. The fees and charges must be a suitable balance of income
generation and impact on the delivery of corporate priorities.
Consideration should be given to the following factors
 Access, affordability and demand should be fully considered;
 Consistency should be sought with the Council’s policies for
Value for Money, Equalities and Customer Access, e.g.
14
Fees and Charges Policy
consideration should be given to any disproportionate impact on
vulnerable groups and those least able to pay;
 Where services are provided on a trading basis, charges will be
set at the maximum level the market can bear without reducing
demand to a point at which the overall financial position of the
service offered is weakened;
 Benchmarking should take place with comparable local
authorities. Where charges are identified as being significantly
lower than in other comparable authorities, charges should be
increased in order to bring them in line. Care should be taken to
ensure that comparisons with other authorities are on a like for
like basis and any significant reasons for differences in charging
are taken into account;
 Any exemptions and concessions on standard charges should
be clearly justified. They should only be provided for services
where benefits to the recipient groups are clearly evidenced and
are consistent with the Council’s plans and strategies;
3.14 Ensure fairness, be simple to understand and operate
 Any fee structure should be easy to understand be simple to
operate in practice. The fee structure should be designed to
have a fair and equitable reflection of costs relative to the level
of resource required. Fees and charges should be published
and easily accessible.
 These guiding principles aim to ensure that the fees and
charges are set within a framework of value for money where
performance, access and equity are considered fully and
appropriately and decisions demonstrate a transparent and
balanced approach. These principles should ensure that our
charging is fairer and clearer while also ensuring that the highest
standards of service are provided within available resources.
4. Provision of Services Regulations
4.1 Fees should not be used as an economic deterrent to certain activities or
to raise funds. Enforcement costs should not be assimilated with the
application fee.
4.2 In order to aid clarity enforcement costs against unauthorised activities will
not form part of fee costs. Compliance action against authorised activities will
form part of the fee. Compliance and enforcement terms will be defined in this
way.
4.3 Ring-fenced accounts or other financial systems will be used to ensure
that fees do not cross subsidise different authorisation regimes and any
deficits or surpluses are carried forward into subsequent year’s calculations. It
would be beneficial to avoid large fee changes and so accounts will be
managed to:
 Ensure they balance over a 3-5 year cycle where possible
 Carry a working balance to accommodate fluctuations in income or
expenditure
4.4 Where any account is in deficit or surplus the appropriate amount of
interest may be incorporated into the accounts.
15
Fees and Charges Policy
5. Income Collection and bad debt
5.1 It is vital that the Council receives payment for its service provision.
Wherever possible, customers should be required to pay charges in advance
of the delivery of services or at the point of delivery to minimise the risk of
non-payment and to assist customers to manage their liabilities to the Council.
5.2 To facilitate payment and provide a customer centred service, multiple
payment methods should be available to the customer, although e-payments
and (where appropriate) setting up of direct debits should be promoted as the
preferred method. Payment methods may be restricted where the costs of
collection may be disproportionately high compared to the amount collected.
5.3 Where customers fail to pay for fees and charges, they should be made
liable for the additional costs of enforcement and collection where possible.
Customers must be clearly aware of this additional liability. Where the law
allows any licence, permit or similar permission may be revoked or suspended
until payment is received and may include historic bad debt.
6. Reviewing and Increasing Charges
6.1 There will be a presumption that charges will be increased annually at
least in line with inflation unless a clear case can be made for not doing so.
6.2 The approval or amendment of fees and charges will be in accordance
with the Councils constitution, scheme of delegation and financial procedures.
6.3 Where there is no fee for a service which can be charged for, or where
current charges represent less than the full cost of providing the service, the
reasons should be reconsidered and justified as part of the annual review.
6.4 Where appropriate, service users and other relevant stakeholders should
be informed in advance of all proposals to introduce or to amend charges
significantly above inflation or where required by statute. Emphasis will be
placed on demonstrating that fee and charge levels set represent good value
for money, considering the quality of the services provided and charge levels
applied in comparable authorities
6.5 Equality impact assessments will be carried out where appropriate
6.6 Clear records of any charging review, including public notices or
consultation will be kept in line with the corporate retention policy.
7. New Charges and Trading
7.1 The Local Government Act 2003 allows charges to be made for
discretionary services. Charges cannot be made for any services for which
there is a duty to provide or where legislation expressly prohibits the charging
for discretionary services. This may include charges for new and innovative
services. Such services may be provided that benefit residents, businesses
and other service users, meet the Council priorities and generate income.
7.2 Trading allows the Council to make a profit but there are some significant
restrictions. The finance and legal departments will be consulted regarding
ideas on charging for discretionary services
7.3 Careful consideration must be given to the correct coding for VAT. Advice
will be sought on this issue for each case.
8.0 Refunds and Cancellation
16
Fees and Charges Policy
8.1 Refunds will be only provided where the administrative process has not
been started and will remain at the discretion of the Head of Service of the
department:
8.2 Where services have been booked or requested the Council may incur
costs should a cancellation occur. It is reasonable for the Council to recover
these costs.
9. 0 Works In Default
9.1 The Council may require certain works to be undertaken to remedy a
situation, by the service of a legal notice on the owner, occupier or other
person considered responsible. In certain circumstances, these works are
undertaken by the Council, to remedy such a situation, for which reasonable
charges are made.
9.2 The charges would include the actual cost of the works, by a third party if
necessary, an appropriate sum for officer time, based on an hourly rate, and
the cost of the administration of the charge.
10.0 Fixed Penalty Notices (FPN)
10.1 There are a number of offences for which the option of a fixed penalty
fine exists.
The issue of a FPN will not be used as a form of income
10.2 The level of fine to be issued will depend on the wording of the various
pieces of legislation. In cases where a range of potential fines exist the
Council will set the fine based on:
.
 The severity of the offence
 The cost of issuing the FPN and collecting the fine
 Whether the fine should act as a deterrent
10.3 Unless the law specifies how FPN fines are to be spent they will
generally be allocated to fund enforcement or promotional campaigns related
to the function under which they were issued
17
Agenda Item 10 (b)
Licensing and Appeals Committee
7 May 2014
Agenda Item No____8_______
CARAVAN SITE LICENSING FEES
Summary:
This report updates Members on action in hand and
aspects of fee setting in respect of the new law.
Conclusions:
Recommendations:
That Members agree the proposed fees and
recommend adoption to Full Council
Cabinet member(s):
Ward(s) affected:
Councillor John Lee
All
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Introduction
1.1.
Members received an introductory report on 13 January 2014 outlining the new
provisions of the Mobile Homes Act 2013 affecting residential caravan sites
2.
Practical implications
2.1.
All owners of known residential sites have been written to; with information about
the new legislation and asked to complete a questionnaire about the site.
2.2.
Officers are developing new procedures for dealing with applications for licences
or their transfer in accordance with the new legislative framework.
2.3.
The Environmental Health and Planning department Officers are developing a
project plan for this work which will need to be included in the Councils business
plan for 2014-15 as a priority task
18
Licensing and Appeals Committee
7 May 2014
3.
Fees
3.1.
Before setting fees for mobile home licensing in accordance with legal
requirements the Council must adopt a fees and charging policy. A report on that
is detailed elsewhere on the agenda.
3.2.
A fee setting framework for mobile homes has been drafted based on these
principles. No fees can be charged for holiday caravan sites.
3.3.
The proposed fees include an element for officer time in undertaking site surveys
and inspection; an element for administration and associated on costs and
recharges.
3.4.
The proposed fees for 2014/15 are as follows
TRANSACTION
PROPOSED
FEE £
Application fee new site
600
Transfer fee (where change
of site owner)
150
Application
to
vary
conditions on existing site
600
Annual fee
600
Annual fee (owner occupied
site)
400
3.5.
One level of annual fee has been proposed for 2014/15 – irrespective of the size
or condition of the site - as each site will need visiting and assessing this year to
establish a baseline for future involvement. However, given that certain sites are
owned and occupied by family groups (as opposed to being tenanted) then it is
envisaged that the Council will have less involvement with such sites and so a
discounted annual fee is proposed in respect of these sites.
3.6.
The fees will need to reviewed later in the year in the light of feedback from
surveys and this will be fed into the fees setting and budget planning process for
2015/16.
3.7.
It is expected that sites will be given a risk rating indicating the future inspection
frequency needed ( eg low risk – every 3 years; medium – annual ; high risk –
more frequent). On that basis, annual fees in future years could be set at different
levels for each category reflecting the inspection resources needed.
19
Agenda Item 12 (d)
Car Park Management and Pricing – Recommendations to Council 24 June 2014
6.
Financial Implications and Risks
6.1
As indicated above the financial impact is made up of a one-off cost of £10,000 for
the machine changes and signage along with an ongoing full year impact of
£110,000 per annum for the reduction in income (assuming implementation of free
parking option between 9:00 am and 9:30 am).
6.2
There may be some reduction in enforcements costs although these are yet to be
explored further with KL&WN.
6.3
The current financial projections as reported in February 2014 within the budget
report detailed a future funding gap of £239,000 for 2015/16 increasing to £1.3 million
in 2016/17. The changes to car parking charges as recommended within this report
will increase the funding gap by £110,000 from 2015/16 onwards.
6.4
The full year/ongoing budget impact from 2015/16 onwards will need to be
considered as part of the budget process for 2015/16 which will commence later in
the year. For the current financial year, assuming an implementation date of 1
October, the financial impact is expected to be in the region of £32,000 including the
signage/machine software changes and can be funded from existing budgets and the
Asset Management Reserve.
20