Agenda Item 4 FULL COUNCIL Minutes of a meeting of North Norfolk District Council held on 26 September 2012 at the Council Offices, Holt Road, Cromer at 6.00 pm. Members Present: Mrs L Brettle Mrs A ClaussenReynolds Mr N D Dixon Mrs H Eales Mrs A M Fitch-Tillett Mr T FitzPatrick Mrs A Green Mrs P Grove-Jones Mr B J Hannah Mr P W High Mr T Ivory Mr B Jarvis Officers in Attendance: Also in Attendance: 49. Mr K E Johnson Mr G Jones Mr J H A 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 R Reynolds Mr E Seward Mr R Shepherd Mr B Smith Mr R Smith Mr R Stevens Mrs A Sweeney Mrs H Thompson Mrs V Uprichard Mrs L Walker Mr S Ward Mr P Williams Mr R Wright Mr J A Wyatt The Chief Executive, the Corporate Directors, the Head of Financial Services, the Monitoring Officer, the Democratic Services Team Leader (MMH) and the Democratic Services Officer (ED) The Public and Press CHAIRMAN’S COMMUNICATIONS The meeting was chaired by the Vice Chairman, Mr P W Moore. He invited the Chief Executive to give an update on the Chairman’s health. The Chief Executive said that the Chairman was due to be discharged from hospital and transferred to a nursing home. He welcomed visitors. The Vice Chairman told Members that the Tour of Britain event at Bewilderwood had been excellent, as had the Chairman’s reception at Holkham Hall. He congratulated the Norfolk Wherry Brass Band on their victory in the National Brass Band Championships of Great Britain. 50. TO RECEIVE DECLARATIONS OF INTERESTS FROM MEMBERS Member(s) Minute No. Item Interest Mr M Baker 63 (c) Notices of Motion, The National Trust Other interest members of the National Trust Mrs L Brettle Mr N Dixon Mr B Hannah Full Council 1 26 September 2012 Member(s) Minute No. Item Interest Mr K Johnson Mr N Lloyd Mrs B McGoun Mr R Wright Other interest – volunteer for the National Trust Mrs A Sweeney 51. APOLOGIES FOR ABSENCE Apologies for absence were received from Mr S A Arnold, Mr B Cabbell Manners, Ms V R Gay, Mr J H Perry-Warnes, Mr R C Price, Mr J Punchard, Mr J D Savory, Mr N Smith, Mr G Williams and Mr D Young. 52. MINUTES The minutes of the meeting of Full Council held on 25 July 2012 were approved as a correct record. 53. ITEMS OF URGENT BUSINESS None 54. PUBLIC QUESTIONS None received. 55. APPOINTMENTS a) To appoint a Member to the Cabinet The Leader announced that Mr R Oliver had been appointed to the Cabinet. He also announced changes to the Cabinet structure as follows: Leader: Mr K Johnson Responsible for: Internal and External Affairs Deputy Leader: Mr T FitzPatrick Responsible for: Customer Services, Democratic Services, Electoral Services, ICT, Business Enterprise and Economic Development Portfolio Holder: Mrs A Fitch-Tillett Responsible for: Coastal, Health and Wellbeing Portfolio Holder: Mr T Ivory Responsible for: Localism and the Big Society, Legal Services, Strategic Housing Full Council 2 26 September 2012 APPOINTMENTS (Continued) Portfolio Holder: Mr J Lee Responsible for: Environmental services, Tourism, Leisure and Cultural Services, Licensing. Portfolio Holder: Mr W Northam Responsible for: Financial Services, Revenues and Benefits Portfolio Holder: Mr R Oliver Responsible for: Planning, Corporate Assets b) To appoint Mr R Reynolds to replace Mr S Ward on the Audit Committee RESOLVED To appoint Mr R Reynolds to the Audit Committee. c) To appoint a Member to replace Mr G R Jones on the Council Tax Support Working Party RESOLVED To appoint Mr D Young to the Council Tax Support Working Party. d) To appoint Mr N Smith to replace Mrs H Eales on the Joint Staff Consultative Committee. RESOLVED To appoint Mr N Smith to the Joint Staff Consultative Committee. e) To appoint substitutes to the Big Society Board RESOLVED To appoint Mr R Reynolds and Mrs P Grove-Jones as substitutes on the Big Society Board. f) To appoint 2 Members to the North Lodge Park Steering Group RESOLVED To appoint Mr T Ivory and Mr J Lee to the North Lodge Park Steering Group. Mr E Seward announced that the Liberal Democrat Group had appointed Ms V R Gay as Leader, with Mrs A Moore and Mrs B McGoun as Deputy Leaders. Full Council 3 26 September 2012 56. RECOMMENDATIONS FROM CABINET 10 SEPTEMBER 2012 AND OVERVIEW AND SCRUTINY COMMITTEE 25 SEPTEMBER 2012 a) MINUTE 41: PLANNING POLICY AND BUILT HERITAGE WORKING PARTY 23 JULY 2012. MINUTE 12, RESPONSE TO NATIONAL PLANNING POLICY FRAMEWORK – CORE STRATEGY POLICY HO3 RESOLVED That in response to the NPPF, Council resolves to support the inclusion of elements of market housing within rural exception schemes which otherwise comply with the provisions of Policy HO3 subject to clear demonstration that the inclusion of market housing is necessary to deliver affordable dwellings which otherwise would not be provided MINUTE 19: RESPONSE TO NATIONAL PLANNING POLICY FRAMEWORK – CORE STRATEGY POLICY HO9 and EC2 RESOLVED The Council resolves to support the following revised policy approach to the re-use of rural buildings in response to the NPPF, subject to considering the introduction of an affordable housing tariff in respect of the enhanced value arising from conversion to permanent residential use and further consideration of the potential impacts arising from the loss of existing tourism and other business uses: i. The economic re-use of rural buildings will be supported and full weight will continue to be applied to Policy EC2. ii. In relation to the application of Policy H09 and residential conversion that weight be attached to the NPPF with the affect that: • Proposals for the reuse of disused or redundant buildings will be subject to compliance with criteria 2, 3, 4 and 5 but not criteria 1 which limits location. • Proposals for the change of use/variation of occupancy of buildings in holiday use to allow residential use will be subject to compliance with criteria 2, 3, 4 and 5 and where applicable Policy EC8 but not criteria 1 in relation to location. • Proposals for the change of use of all other commercial buildings will be subject to compliance with criteria 2, 3, 4 and 5 and a presumption that those providing a significant number of jobs (three or more) should normally be retained in employment uses. b) MINUTE 42: DEVELOPMENT OF THE NORTH NORFOLK INTEGRATED APPROACH TO COASTAL MANAGEMENT The Portfolio Holder introduced this item. She said that the Council’s policy was to be proactive on coastal issues with the involvement of coastal communities. An excellent start had been made by a Coastal Issues Forum 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. Full Council 4 26 September 2012 RECOMMENDATIONS FROM CABINET 10 SEPTEMBER 2012 AND OVERVIEW AND SCRUTINY COMMITTEE 25 SEPTEMBER 2012 (Continued) The Chair of Overview and Scrutiny said that his Committee had considered the report on 25 September 2012 and supported the recommendations. RESOLVED 1. That the integrated approach to coastal management, in particular the work schemes set out in Table 1 of the report be endorsed. 2. 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. 3. That the allocation of the integrated coastal budget is delegated to the Chief Executive in consultation with the Coastal Portfolio Holder. c) MINUTE 45: North Norfolk HOUSING STRATEGY 2012-15 (MAKING BEST USE OF THE EXISTING HOUSING STOCK) The Leader, in introducing the report, urged Members to attend a workshop scheduled for 4 October 2012. The Chair of Overview and Scrutiny said that the Committee had unanimously agreed with the recommendation but proposed an amendment that the Committee wished to make: “and in addition the Overview and Scrutiny Committee looks forward to Cabinet’s recommendation, at its November meeting, on financial incentives to bring empty homes back into occupation.” The reason for the amendment was that legislative changes had been brought in which made it easier for empty homes to be brought back into use. The Leader explained that NNDC was working on a countywide approach with other councils in Norfolk. Mr T Ivory expressed concern that the proposal from Overview and Scrutiny was not an amendment, but a suggestion for Cabinet to take into consideration. The substantive recommendation, therefore, was voted on. RESOLVED That Council adopts the North Norfolk Housing Strategy (Making Best Use of the existing Housing Stock) document. d) MINUTE 46 (b): PERFORMANCE MANAGEMENT – DELIVERY OF ANNUAL ACTION PLAN QUARTER 1 (Cabinet Agenda, 10 September 2012 page 77) The Chair of Overview and Scrutiny told Council that the Committee had considered the report on 25 September 2012 and supported the recommendation. RESOLVED That two additional planning assistants be recruited on a temporary basis for a 12 month period pending the outcome for the peer challenge, to be funded from a combination of the HPDG earmarked reserve and the proposed national fee increase from October 2012. Full Council 5 26 September 2012 RECOMMENDATIONS FROM CABINET 10 SEPTEMBER 2012 AND OVERVIEW AND SCRUTINY COMMITTEE 25 SEPTEMBER 2012 (Continued) That additional support for planning enforcement, is progressed with the Borough Council of Kings Lynn & West Norfolk. Mr M J M Baker said that he did not support the recommendation, considering that there were already enough staff if the workload was reorganised. 57. 58. RECOMMENDATION FROM THE AUDIT COMMITTEE 18 SEPTEMBER 2012 2011/12 STATEMENT OF ACCOUNTS These items were taken together and introduced by the Chair of Audit. The Audit Committee had received training prior to consideration of the Statement of Accounts. The Committee had examined the accounts thoroughly and was satisfied that there were no material adjustments, the level of movements and reserves was appropriate, the Balance Sheet showed prudential treasury management and there was clarity regarding the Council’s stewardship of its resources. The ISA 260 report from the external auditor suggested that improvement was needed over some technical processes but there were no significant issues. The impact of International Financial Reporting Standards had been less than on last year. The Chair of Audit commended the work of the Finance Team. The Audit Committee had gained a good overview of the accounts and recommended their approval to Full Council. The Portfolio Holder proposed approval, thanking the staff for their work. He was seconded by Mr R Reynolds. RESOLVED To approve the 2011/12 Statement of Accounts. 59. 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) 60. Standards Committee – 8 May 2012 Cabinet 11 June 2012 Overview and Scrutiny Committee 26 June 2012 Cabinet 16 July 2012 Standards Committee 17 July 2012 Development Committee – 26 July 2012 Development Committee – 23 August 2012 REPORTS FROM THE CABINET OR MEMBERS OF THE CABINET a) Full Council Mr T FitzPatrick had attended the launch of the County’s apprenticeship Scheme. Mr M J M Baker expressed concern that bureaucracy in the scheme discouraged prospective employers. Mr FitzPatrick offered to put him in touch with County Councillor Ann Steward who was running the scheme, so that he could discuss his concerns. 6 26 September 2012 REPORTS FROM THE CABINET OR MEMBERS OF THE CABINET b) 61. (Continued) Mr T Ivory informed Council that he, together with Mr K Johnson and Mr J Lee, had attended a very productive meeting regarding North Lodge Park. The meeting had been attended by representatives of Cromer Town Council and officers. There was a real willingness to explore the formation of a trust. QUESTIONS RECEIVED FROM MEMBERS The following questions had been received from Mr N Lloyd and were answered by Mr J H A Lee (responses in bold): 1. What are the terms of reference for the business review of the North Walsham Dual Use Sports Centre, what is the time scale for the conduct of the review, will the full outcome be shared with members? What were the contractor selection criterion for the consultants (it would be helpful to see their full scope of work), what is the anticipated cost and was there a transparent competitive tendering process to ensure value for money? The Terms of Reference for the Consultant’s work in terms of developing a financially sustainable business plan for the future running of the centre are as follows: • • • • • Prepare a business plan covering the costs of operation, outlining relevant scenarios Consider the pros and cons of different operating models Meet a cross-section of key players: school representatives, Council officers, voluntary management committee and local members. Visually assess potential options for small-scale capital investment to optimise the revenue generation potential of the facility moving forward Presentation of findings and recommendations A hard copy of these has been provided for Councillor Lloyd. The Consultants were appointed on 10th September and started work immediately, to enable it’s discussion with the school representatives as soon as practicable. The Consultant’s report will be shared with all members in due course. With regards to the consultant’s selection criteria, officers took advice from the Regional Facilities Director at Sport England, who supplied a list of potential consultants. These had already gone through procurement with Sport England and have a proven track record in this area. On this basis, officers appointed KKP consultants, who were the only one of the three who confirmed that they could meet the timescale required. The anticipated cost was around £5,000 and once the specification was agreed this raised to £6,500. 2. What is the envisaged process for NNDC to arrive at a decision on future funding of the Sports centre along with the associated time scale? The process and timescale very much depends on discussions with school representatives regarding the operating models proposed by the consultant. Full Council 7 26 September 2012 QUESTIONS RECEIVED FROM MEMBERS (Continued) We will of course, keep local members fully informed as matters progress. 3. At a meeting with the Centre Sports Committee on September 6th at which I attended along with NNDC officers it was stated that it was not NNDC's intention for the Sports centre to close. Instead NNDC were seeking to find a more workable solution. Does this commitment still stand and does it include the acceptance in principle that for the current level of sports provision to continue, that a level of public funding is required? We are committed to finding a sustainable financial model for the centre to remain open. This would build on the opportunity for a locally managed, community based sports facility at minimal net costs to the Council. 4. More generally what is the NNDC current revenue budget for supporting leisure activities and sport in North Walsham, Cromer, Sheringham, Fakenham and Stalham. North Walsham DU Sports Centre = £117k Victory S&FC = £240k Bacton Woods = £3k Sub Total = £360k Cromer Pavilion Theatre= £112k Pier Fabric R&M = £29k North Lodge Park – £76 DU Sports Centre = £95k Sub Total = £312k Sheringham Splash = £346k Sheringham Little Theatre = £59k Sub Total = £405k Fakenham Sports & Fitness Centre = £123k Sub Total = £123k Stalham DU Sports Centre = £123k Sub Total = £123k Holt Country Park = £156k Sub Total = £156k Total = £1,479,000 5. Full Council The North Norfolk Sports and Leisure Strategy 2010 - 2015 has not been withdrawn, reviewed or replaced. The proposal for NNDC to cut all funding for the NWDUSC in 2 year’s time is a major deviation from the terms set out in this document. What is the future strategy for Sport and Leisure proposed by NNDC for North Norfolk? 8 26 September 2012 QUESTIONS RECEIVED FROM MEMBERS (Continued) The Sports and Active Leisure Strategy was approved by Cabinet in November 2010. The strategy accepted the financial difficulties in continuing to provide the same level of Council subsidy across its sports facilities in the future. We are considering the opportunities presented by a more local, community based management model which we believe will allow the North Walsham Dual Use Sports Centre to remain open. This also accords with the objectives in the Strategy. With regards to the wider strategy for the future provision of sport and active leisure, we believe that our ongoing work with local sports clubs, governing bodies and Active Norfolk, will continue to ensure that a good level of provision is maintained and enabled by the Council. 6. You may have heard that Lord Moynihan, chairman of the British Olympic Committee, is petitioning the Government to look at legislating to force councils to protect their sports facilities and to change the status of sports provision from 'discretionary' to a "statutory requirement." Does the administration feel their proposal to cut funding for sport in North Norfolk is appropriate bearing in mind the huge public support for sport at this particular time? We feel that it is absolutely appropriate to balance the leisure needs of our residents against the available budget. As part of this, we have to look at alternative, locally based management models. If this enables all of our facilities to remain open, we would see it as a very positive outcome. In thanking Mr Lee, Mr Lloyd expressed disappointment that there had been delay in getting the answers. He expressed concern that the project was being progressed too hastily and asked if savings could not be realised by other means. Mr G Jones asked to speak. The Vice Chairman explained that the Council’s Constitution did not allow for debate on this item. However local Members would be consulted on the project. The Chief Executive said that the business plan wasn’t complete yet. When Cabinet had seen it there would be a meeting for local Members and Members for surrounding parishes. Mr Jones would be included. 62. OPPOSITION BUSINESS None received. 63. NOTICE(S) OF MOTION a) Localisation of Council Tax Proposed by Mr R Oliver and seconded by Mrs A Claussen-Reynolds: “To call on Norman Lamb and Keith Simpson to achieve variation on the localisation of council tax policy implemented by the government finance bill in order to lessen its adverse effects on the people of North Norfolk. It is our belief that the policy of localisation of Council Tax and the subsequent cut in funding for Council Tax benefits in this district is unfair. North Norfolk has a high ratio of pensioners to working age receivers of benefits. We welcome the decision of the Government to protect the relief on Council Tax benefits which pensioners on low income receive. As a result, for the working age receiver of Council Tax benefits in this district there will be a disproportionately Full Council 9 26 September 2012 NOTICE(S) OF MOTION (Continued) large cut in the support they presently receive. This means that those people of working age in this district will be worse off than similarly affected people in other districts with smaller pensioner populations. As our representatives in Parliament, Norman Lamb and Keith Simpson represent the only way that this district can request reform of this policy. As a minister in this government this council believes that Norman Lamb will be able to drive changes in this policy. We therefore request that Norman Lamb and Keith Simpson do everything in their power to achieve a fairer outcome for this council and the people of North Norfolk by highlighting these problems and achieving the implementation of appropriate changes at a national level.” The motion was debated: a) Mr R Oliver said that the policy was unfair to claimants of working age. He urged for cross party support of the motion. Mr E Seward said that the Liberal Democrat Group shared Mr Oliver’s concerns but he believed that Norman Lamb MP had already written to Eric Pickles, on 14 September 2012. Mr M J M Baker did not accept the need for government cuts to benefits, believing that spending on overseas aid should be reviewed. The policy did not hit working people equally across the country. There was greater impact in North Norfolk. The Chief Executive agreed with Mr R Wright that there was approximately 14% variance from the national figure. A political discussion followed. Mr T FitzPatrick expressed concern at this discussion and reminded Members that the motion asked for action from both MPs who represented the District. b) c) d) e) RESOLVED To support the motion. b) Localisation of Council Tax Proposed by Mr G Jones and seconded by Mrs L Walker: The Chief Executive informed Members of an amendment to the motion which had been agreed with the proposer. The last sentence “in return for the District Council agreeing to reduce second home discounts to 05%.which would produce some £1/2million for the county” had been removed because Members could not be asked to make a determination on the Council Tax in advance of the Head of Financial Service’s report in December. The motion now read as follows: North Norfolk District Council is concerned about the impact of the council tax legislation on the economy of North Norfolk and on the lives of more than 4,000 of its poorest residents. In particular, it recognises that the last Labour government left the economy in a financial meltdown and applauds the action of the coalition government in trying to recover from this position. However the District Council takes the view that this legislation is neither proportionate nor fair for two reasons: 1. It hits at the poorest members of the community whether or not they have the ability to pay. 2. It impacts particularly on the rural community where costs are already very high in such matters as transport. Full Council 10 26 September 2012 NOTICE(S) OF MOTION (Continued) 3. It does not take into account the position of North Norfolk, in demographic terms, with over 62% of the benefit recipients of pensionable age and excluded from cuts. The District Council notes: • That about £1.175 million pounds will be lost to the local economy each year and this will impact on local trades and businesses and will consequently have a negative effect on employment. • 2,441 residents who receive council tax benefit will lose £30 or more a month. These are the poorest members of the community and they will not be able to find this money. It is likely that the collection rate will fall sharply and important services will be drastically cut as a result. • Such drastic cuts to the poorest, at such short notice, could possibly lead to a breakdown of social cohesion. • The impact on families with children could adversely affect the lives of children. • There are implications of up to an estimated £28,000 for the major precepting authorities in respect of parish and town councils. The District Council urges the relevant Ministers - Secretary of State for Communities and Local Government, Eric Pickles and Secretary of State for Works and Pensions, Ian Duncan Smith to urgently review the impact of this legislation - in particular we ask them to review its impact on largely rural authorities with the demography of North Norfolk. The District Council urges the two Ministers to postpone the implementation of this legislation for twelve months and to include any proposals in the Universal Credit legislation. The District Council further urges MPs Norman Lamb and Keith Simpson to advocate on behalf of the District Council in this matter. Finally the District Council urges the County Council to join it in advancing the proposals set out above and to agree short term measures from its extensive resources to mitigate against the impact of this legislation, for one year, In introducing the motion, Mr Jones said that the policy would affect the poorest people, particularly in rural areas. He said there were already difficulties being experienced with the Benefits system which needed to be addressed. A political discussion followed. Mr T FitzPatrick and Mrs P Grove-Jones expressed concern at this discussion. They believed that Members should be considering what was best for people in North Norfolk, especially the most vulnerable. A vote was taken and the motion was not supported. c) The National Trust Proposed by Mrs L Brettle and seconded by Mrs A Sweeney: The Council is asked to endorse the sensible and constructive attitude taken by the National Trust over Marine Conservation Zones. Whilst supporting the general good purpose of the zones, the National Trust has clearly defined its objections to the Blakeney Reserve - lack of consultation and scientific rigour. We at NNDC can envisage the results lack of access could entail - problems for tourism, local businesses, fishing, birdwatching, etc., but the National Trust offers an alternative site and any help or advice they can give. This motion asks that Full Council 11 26 September 2012 NOTICE(S) OF MOTION (Continued) NNDC supports the National Trust in their response to the Government's proposals for Marine Conservation Zones. Mrs A Fitch-Tillett explained that the Marine Conservation Zone would affect an area from Stiffkey to Kelling and would have the greatest impact between Blakeney and Morston. RESOLVED To support the motion. d) The Ambulance Service – proposed by Mrs A Claussen-Reynolds, seconded by Mrs A Green We welcome the recent announcement that the East of England Ambulance service is to increase the level of rapid response resources in the North Norfolk area after concerns were issued in both Cromer and North Walsham over ambulance provision in these towns. However, there remains concern over whether there will cuts in Fakenham’s rapid response service and as to how the performance figures for emergency 999 calls are improved in the North Norfolk area. Therefore, to this end, I would like to call on this District Council to request an audience with a responsible member of the East of England Ambulance Service, or relevant Health Authority, and give a full and complete report on this matter, as soon as reasonably possible, to the Overview and Scrutiny Committee to which Council members could be invited to attend. The Chief Executive had been in contact with the East of England Ambulance Trust. They had given assurance that they would send a representative to Overview and Scrutiny on 23 October, or to a special meeting of the Overview and Scrutiny Committee. The Chair of Overview and Scrutiny said that all Members could attend meetings of the Committee and were welcome to ask questions. Concern was expressed by Members that targets intended for urban areas and impractical deployment of vehicles were preventing good response rates in North Norfolk. It was proposed by Mr M J M Baker, seconded by Mr E Seward and RESOLVED To add to the motion “The Council should write to the East of England Ambulance Trust expressing disappointment at the way the District is being treated.” RESOLVED to support the amended motion. 48. LIST OF SEALED DOCUMENTS RESOLVED that the list of sealed documents be received. The meeting concluded at 7.30pm ____ Chairman Full Council 12 26 September 2012