Please Contact: Emma Denny Please email: emma.denny@north-norfolk.gov.uk Please Direct Dial on: 01263 516010 18 February 2013 A meeting of the North Norfolk District Council will be held in the Council Chamber at the Council Offices, Holt Road, Cromer on Wednesday 27 February 2013 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 Father Denys Lloyd, Parish Priest, Our Lady and St. Joseph, Sheringham and Cromer 2. PRESENTATION – DECLARING INTERESTS A brief presentation by the Monitoring Officer aimed at bringing Members up to date with recent changes regarding the declaration of interests. 3. CHAIRMAN’S COMMUNICATIONS To receive the Chairman’s communications, if any. 4. 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. 5. APOLOGIES FOR ABSENCE To receive apologies for absence, if any. 6. MINUTES (attached – page 1) To confirm the minutes of the meeting of the Council held on 19 December 2012 and the special meeting of the Council on 23 January 2013. 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 a) To appoint Mr T FitzPatrick to replace Mr R Oliver on the Joint Staff Consultative Committee b) To appoint Mr R Oliver as a substitute on the Joint Staff Consultative Committee c) To appoint Mr N Lloyd as a substitute on the Overview and Scrutiny Committee d) To appoint Mr R Wright to a vacancy on the Norfolk Skills Partnership e) To appoint Mr R Oliver to a vacancy on the Norfolk Parking Partnership Joint Committee 10. COUNCIL TAX 2013/2014 (attached – p.15) (Appendix A – p. 35) (Appendix B – p.36) (Appendix C – p.40) Summary: Options considered: This report presents for approval the budget for 2013/14 and to make statutory calculations in accordance with the Local Government Finance Act 1992 to set the Council Tax for 2013/14. The report also includes the Chief Financial Officer’s report on the robustness of the estimates and adequacy of reserves. It is a statutory requirement to set the budget each year, whilst there are options around the content of the budget presented for approval, the budget now recommended reflects the recommendations made by Cabinet at its meeting on 4 February 2013. Conclusions: It is the opinion of the Council’s Chief Financial Officer that the budget for 2013/14 has been set within a robust framework and the impact of this resolution will maintain an adequate level of financial reserves held by the Council. Recommendations: That having considered the Chief Financial Officer’s report on the robustness of the estimates and the adequacy of the proposed financial reserves, the following be approved: a) b) c) d) e) f) g) Reasons for Recommendations: The General Fund Revenue Budget for 2013/14 (Appendix A) ; The Policy Framework for the Earmarked Reserves and the Optimum Level of the General Reserve 2013/14 to 2016/17 (Appendix B); The level of the General Reserve maintained at a minimum of £1.6 million; The General and Earmarked Reserves are employed as shown in the Reserves Statement (Appendix C); That members undertake the council tax and statutory calculations set out at section 4, and set the Council Tax for 2013/14; The final demand on the Collection Fund for District purposes (NNDC) for 2013/14 be £5,082,610; The final demand on the collection fund for Parish/Town precepts for 2013/14 be £1,456,649 (subject to final confirmation of remaining parishes – to be updated at the meeting). To approve the 2013/14 budget for revenue and capital and to make the statutory calculations in respect of the 2013/14 Council tax. 11. Cabinet Member(s) Ward(s) affected All All Contact Officer, telephone number, and e-mail: Karen Sly 01263 516243 karen.sly@north-norfolk.gov.uk DRAFT PROGRAMME OF MEETINGS (attached – p. 43) (Appendix D – p.45) Summary: 12. A draft Programme of Meetings for 2013/14 has been prepared and circulated for consultation and is attached at Appendix D. Recommendations: That Members adopt the Programme of Meetings for 2013 – 2014 Cabinet member(s): Wards affected Mr R Oliver All Contact Officer, telephone number, and e-mail: Alison Argent, 01263 516058 alison.argent@north-norfolk.gov.uk DUNTON PARISH COUNCIL – REQUEST FOR DISSOLUTION (attached – p.46) 13. Summary: The report considers a request from Dunton Parish Council for its own dissolution. Conclusions: That Full Council should consider the request. Recommendation: That an Order be made under Section 10 of the Local Government Act 1972 to dissolve Dunton Parish Council and transfer all assets of the Parish Council to the Parish meeting. Contact Officer, telephone number, and e-mail: Emma Duncan, 01263 516045 emma.duncan@north-norfolk.gov.uk PAY POLICY STATEMENT Summary: Conclusions: (attached – p.49) (Appendix E – p.51) Section 38 of the Localism Act 2011 (“the Act”) requires the Council to produce an annual pay policy statement (“the statement”) for the start of each financial year. The attached statement is drawn up in compliance with the Act to cover the period 2013/14. It is a legal requirement that Full Council formally signs off this statement and the responsibility cannot be devolved to any other person or committee. The attached statement sets out current remuneration arrangements and is not a change to existing policy/practices. Recommendations: To adopt the attached Pay Policy Statement and to publish the statement for 2013/14 on the Council’s website. 14. Cabinet Member(s) Councillor Tom FitzPatrick Wards affected: All Contact Officer, telephone number and e-mail: Julie Cooke 01263 516040 julie.cooke@north-norfolk.gov.uk RECOMMENDATIONS FROM CABINET 7 JANUARY 2013 MINUTE 101: DESTINATION MANAGEMENT ORGANISATION (DMO) FOR NORTH NORFOLK RECOMMENDATION TO FULL COUNCIL: That the release of £25,000 per annum over the periods 2012/13, 2013/14 and 2014/15 (£75,000 for three years) from the NNDC Community Fund and £10,000 per annum over the periods 2012/13, 2013/14 and 2014/15 (£30,000 for three years) from the Economic and Tourism Development Unit budget be authorised as the Council’s contribution to support Visit North Norfolk Coast and Countryside Ltd. 15. RECOMMENDATIONS FROM CABINET 4 FEBRUARY 2013 a) ITEM 8: 2013/14 BASE BUDGET AND PROJECTIONS 2014/15 TO 2016/17 RECOMMENDATION TO FULL COUNCIL: a) The 2013/14 revenue account budget as outlined at Appendix A and that the surplus of £240,009 be allocated to the general reserve; b) The demand on the Collection Fund, subject to any amendments as a result of final precepts be: a. £5,082,610 for District purposes b. £1,450,000 (subject to confirmation of the final precepts) for Parish/Town precepts; c) d) The fees and charges as included in Appendix D from 1 April 2013; The statement of and movement on the reserves as detailed at Appendix F; e) The updated Capital Programme and financing for 2012/13 to 2015/16 as detailed at Appendix G; f) The new capital bids as detailed at Appendix H to be financed from capital receipts; g) That Members note the current projections for 2014/15 to 2016/17. c) ITEM 9: TREASURY MANAGEMENT STRATEGY STATEMENT AND INVESTMENT STRATEGY 2013/14 TO 2015/16 RECOMMENDATION TO FULL COUNCIL: That the Council be asked to RESOLVE that The Treasury Management Strategy Statement and Investment Strategy and Prudential Indicators, for 2013/14 to 2015/16, are approved. 16. RECOMMENDATIONS FROM OVERVIEW AND SCRUTINY COMMITTEE 20 FEBRUARY 2012 17. TO RECEIVE THE MINUTES OF THE UNDERMENTIONED COMMITTEES (attached – p.61) To receive the approved minutes of the undermentioned committees: a) b) c) d) e) f) g) h) 18. Cabinet – 12 November 2012 Standards Committee – 13 November 2012 Overview and Scrutiny Committee – 21 November 2012 Development Committee – 13 December 2012 Overview & Scrutiny Committee – 18 December 2012 Cabinet – 07 January 2013 Development Committee – 10 January 2013 Development Committee – 17 January 2013 REPORTS FROM THE CABINET OR MEMBERS OF THE CABINET To receive reports from the Cabinet or Members of the Cabinet. 19. QUESTIONS RECEIVED FROM MEMBERS To receive questions from Members. 20. OPPOSITION BUSINESS To receive any opposition business. 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 Agenda Item 6 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 1 19 December 2012 Agenda Item 6 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 2 19 December 2012 Agenda Item 6 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: - 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. - Full Council 3 3 19 December 2012 Agenda Item 6 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 It was proposed by Mr R Oliver, seconded by Mrs S Arnold and Full Council 4 4 19 December 2012 Agenda Item 6 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. 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. Full Council 5 5 19 December 2012 Agenda Item 6 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. 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. Full Council 6 6 19 December 2012 Agenda Item 6 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 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. Full Council 7 7 19 December 2012 Agenda Item 6 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 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 Full Council 8 8 19 December 2012 Agenda Item 6 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 9 19 December 2012 Agenda Item 6 FULL COUNCIL Minutes of a special meeting of North Norfolk District Council held on 23 January 2013 at the Council Offices, Holt Road, Cromer at 6.00 pm. Members Present: Mrs S Arnold Mrs L Brettle Mr B Cabbell Manners Mrs A ClaussenReynolds Mrs H Cox Mr N D Dixon Mrs H Eales Mrs A M Fitch-Tillett Mr T FitzPatrick Ms V Gay Mrs A Green Mrs P Grove-Jones Mr B J Hannah Officers in Attendance: Mr P W High Mr T Ivory 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 J Perry-Warnes Mr R Price 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 Mrs L Walker Mr P Williams Mr R Wright Mr J A Wyatt Mr D Young The Chief Executive, the Corporate Directors, the Head of Finance, the Interim Monitoring Officer and the Scrutiny Officer 106. PRAYERS The Chairman, introduced Reverend Derek Earis of St Nicholas Parish Church, North Walsham who led the meeting in prayers. 107. TO RECEIVE DECLARATIONS OF INTERESTS FROM MEMBERS Member(s) Minute No. Mr R Wright Item Interest Council Tax Discounts and Level of Charges Other interest - does work for second home owners Mr R Price Other interest Second home owner Mr P Williams Other interest Business rate payer 108. APOLOGIES FOR ABSENCE Apologies for absence were received from Mr M Baker, Mr B Jarvis, Mr J Punchard, Mr R Reynolds and Mr S Ward. Full Council 1 10 23 January 2013 Agenda Item 6 109. ANNOUNCEMENTS The Leader presented Councillor Hilary Cox with a card and gift to celebrate the occasion of her marriage. The Leader informed Members of two changes to Cabinet. Councillor Rhodri Oliver was now Deputy Leader and Councillor Russell Wright was joining the Cabinet. Councillor Wright’s portfolio responsibilities would be announced shortly. 110. PUBLIC QUESTIONS None received. 111. COUNCIL TAX SUPPORT SCHEME Mr W Northam, Portfolio Holder for Revenues and Benefits introduced this item. He explained that the £8.3m paid in Council tax benefits at present would be replaced by Council Tax Support, a scheme which the Government had required all local authorities to set up. A Working Party had been established to look at this and had gone to consultation before making recommendations. Meanwhile, £100m had been made available by the Government to cover interim arrangements and the option put forward by the Working Party met the criteria for this transitional funding. The Scheme would now enable a maximum award of 91.5% of a person’s council tax liability for those currently in receipt of 100% Council Tax Benefit. Mr W Northam added that the final scheme had been approved by the Working Party with the reservations of Mr D Young and Ms V Gay. Mr E Seward confirmed that this item had been considered by the Overview and Scrutiny Committee and they supported the recommendations. Ms V Gay thanked Mr W Northam for the manner in which he had chaired the Working Party. Mr G Jones said that he felt the decision to implement the proposed Scheme was wrong. It would hit the poorest hard and collection rates would be low. He felt that the Council should have attempted to work more closely with the County Council on the issue. It was proposed by Mr W Northam, seconded by Mr R Shepherd and RESOLVED To adopt the Local Council Tax Support Scheme as set out in the report. Mr G Jones voted against the proposal. 112. DETERMINATION OF COUNCIL TAX DISCOUNTS AND LEVEL OF CHARGES FOR 2013/14 Mr W Northam introduced this item. He explained that the Local Government Finance Act 2012 included a number of reforms in relation to council tax exemptions, discounts and the introduction of the empty property premium. The reforms gave the Council the flexibility to vary council tax on second homes and empty dwellings. It was proposed that the council tax levied on second homes that fell within the ‘Class B’ category should be 5%. The premium for properties which had been empty and unfurnished for two years or more would be set at 50% of the council tax payable to that home – bringing the total charge to 150%. Full Council 2 11 23 January 2013 Agenda Item 6 Ms V Gay referred to Mr W Northam’s earlier comment regarding her reservations about the Local Council Tax Support Scheme. She said that she had similar reservations about the second homes discount. She did not feel that it was fair that people with two homes should pay less for one of them when people with much less were expected to pay the full amount on their home. Mr W Northam reminded her that the scheme would be reviewed in a year’s time and all aspects would be considered including second homes. Mr G Jones asked why the discount for second homes wasn’t removed completely. The Head of Finance explained that the County Council currently gave a 50% discretionary element back to the District Council. The discount gave second home-owners an incentive to notify the council of their status, if it was removed it would be very hard to keep a record of the number of second homes. Mr R Oliver added that there was also a possibility that many second homeowners would switch to business rates which would reduce the income for the Council. Mr E Seward confirmed that this item had been considered by the Overview and Scrutiny Committee and they supported the recommendations. It was proposed by Mr W Northam, seconded by Mr R Oliver and RESOLVED that under section 11A of the Local Government Finance Act 1992, and in accordance with the provisions of the Local Government Finance Act 2012 and other enabling powers that: the council tax discount for dwellings defined as being within Class ‘A’ remains at 50% for the year 2013/14 (report para.3.4); the council tax discount for dwellings defined as being within Class ‘B’ be reduced to 5% for the year 2013/14 with the exceptions of (report para. 3.4): those dwellings that are specifically identified under regulation 6 of the Council Tax (Prescribed Classes of Dwellings)(England) Regulations 2003, which will retain the 50% discount; and those dwellings described or geographically defined at Appendix D which in the reasonable opinion of the Head of Finance are judged not to be structurally capable of occupation all year round and were built before the restrictions of seasonal usage were introduced by the Town and Country Planning Act 1947, will retain the 50% discount. The council tax discount for dwellings defined as being within Class ‘C’ to be set at 100% for three months for the year 2013/14 (report para. 3.3) The council tax discount for Class D properties to act as an incentive to bring them back into use is recommended to be a discount of 50% for a maximum of 12 months (report para.3.2) Under section 11B(2) of the Local Government Finance Act 1992, and in accordance with the provisions of the Local Government Finance Act 2012 and other enabling powers that: A premium is charged for properties which have been empty and substantially unfurnished for two years or more of 50% of the council tax payable in relation to that home. In accordance with the relevant legislation these determinations shall be published in at least one newspaper circulating in North Norfolk before the end of the period of 21 days beginning with the date of the determinations. Full Council 3 12 23 January 2013 Agenda Item 6 113. DETERMINATION OF THE COUNCIL TAX BASE FOR 2013/14 AND THE TREATMENT OF SPECIAL EXPENSES Mr W Northam introduced this item. He explained that the purpose of the report was to determine the Council’s 2013/14 tax base and the 2013/14 tax base for each parish in accordance with the legal requirements. Mr D Young commented that the Council Tax base reflected any decrease in the collection rate and he queried what assumptions had been built in to the calculations regarding collection rates for the Local Council Tax Support Scheme. The Head of Finance replied that it had been reduced by 0.5% - a figure which reflected the new support scheme and the current state of the economy. She acknowledged that it was a prudent estimate but said that it would be monitored throughout the year. It was proposed by Mr W Northam, seconded by Mr J Lee and RESOLVED a) That the calculations set out in this report used to produce the Council’s tax base be approved, and the tax base for 2013/14 be determined as 36,411; b) That the tax base for each parish area for the financial year 2013/14 be as set out at paragraph 2.1. Mr J Lee thanked Mr W Northam for his hard work on all the financial reports that had been presented to Council. 114. NATIONAL NON-DOMESTIC RATES – NNDR1 RETURN Before Mr W Northam introduced this item, the Chairman proposed a change to the recommendation. He suggested the following wording: That delegated authority for approval of the final form and future forms be given to the Section 151 Officer. Mr W Northam agreed and proposed that the Constitution should also be updated to reflect this. It was proposed by W Northam, seconded by Mr T FitzPatrick and RESOLVED To note the provisional NNDR1 form (Appendix D) and that delegated authority for approval of the final form and future forms be given to the Section 151 Officer and the Constitution be updated to reflect this Mr T FitzPatrick thanked the staff for all their hard work. 115. COUNCIL TAX SETTING COMMITTEE 2013/14 Mr W Northam introduced this item. He explained that the deadlines for setting the combined council tax for 2013/14 conflicted with the date for Full Council. There was a statutory facility to enable the combined council tax to be set by a politically-balanced Committee established for this single purpose and then disbanded. The meeting of the committee would take place on 1 March 2013. It was proposed by Mr W Northam, seconded by Mr R Oliver and Full Council 4 13 23 January 2013 Agenda Item 6 RESOLVED that a) A Combined Council Tax Setting Committee be established with five Members to set the combined council tax for 2013/14; b) Delegation be given to the Chief Executive to appoint named members and named substitutes in consultation with the Group Leaders to the Committee; c) Full Council delegates to this committee the setting of the Combined Council Tax for 2013/14 for the County Council, the Police, North Norfolk District Council and the Parish and Town Councils of the billing authority area. Mr P Terrington abstained. Mr W Northam requested that the Head of Finance and the Revenues and Benefits Services Manager convey Members thanks to their staff for all their dedication and hard work over recent weeks. The meeting concluded at 6.27pm _______________________ Chairman Full Council 5 14 23 January 2013 Agenda Item No____10________ COUNCIL TAX 2013/14 Summary: Options considered: This report presents for approval the budget for 2013/14 and to make statutory calculations in accordance with the Local Government Finance Act 1992 to set the Council Tax for 2013/14. The report also includes the Chief Financial Officer’s report on the robustness of the estimates and adequacy of reserves. It is a statutory requirement to set the budget each year, whilst there are options around the content of the budget presented for approval, the budget now recommended reflects the recommendations made by Cabinet at its meeting on 4 February 2013. Conclusions: It is the opinion of the Council’s Chief Financial Officer that the budget for 2013/14 has been set within a robust framework and the impact of this resolution will maintain an adequate level of financial reserves held by the Council. Recommendations: That having considered the Chief Financial Officer’s report on the robustness of the estimates and the adequacy of the proposed financial reserves, the following be approved: a) b) c) d) e) f) g) The General Fund Revenue Budget for 2013/14 (Appendix A) ; The Policy Framework for the Earmarked Reserves and the Optimum Level of the General Reserve 2013/14 to 2016/17 (Appendix B); The level of the General Reserve maintained at a minimum of £1.6 million; The General and Earmarked Reserves are employed as shown in the Reserves Statement (Appendix C); That members undertake the council tax and statutory calculations set out at section 4, and set the Council Tax for 2013/14; The final demand on the Collection Fund for District purposes (NNDC) for 2013/14 be £5,082,610; The final demand on the collection fund for Parish/Town precepts for 2013/14 be £1,456,649 (subject to final confirmation of remaining parishes – to be updated at the meeting). 15 Reasons for Recommendations: To approve the 2013/14 budget for revenue and capital and to make the statutory calculations in respect of the 2013/14 Council tax. LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW (Papers relied on the write the report and which do not contain exempt information) Budget reports and briefings, precepts (NCC, Police and Parishes) Cabinet Member(s) Ward(s) affected: All All Contact Officer, telephone number and email: Karen Sly, 01263 516243, Karen.sly@north-norfolk.gov.uk 1. Introduction 1.1 This report presents for approval the 2013/14 General Fund revenue and capital budgets along with the Council Tax for 2013/14. It also presents for information only the current budget projections for 2014/15 to 2016/17. 1.2 The budget for 2013/14, along with detailed projections for the following three financial years, was considered by Cabinet on 4 February 2013 and then by Overview and Scrutiny Committee on 20 February 2013. 1.3 This report includes the updated position for the 2013/14 budget and future projections following the final Local Government Finance Settlement announcement made on 4 February 2013. Further details on the outcome of this announcement are included in section 2 of the report. 2. 2013/14 Budget 2.1 The budget report presented to Cabinet and Scrutiny earlier this month included the provisional Local Government Finance Settlement figures as announced on 19 December 2012. Confirmation of the Councils final finance settlement for 2013/14 was issued on 4 February 2013. The following outlines the main changes in relation to NNDC’s budget. 2.2 There have been minor changes to the headline figures included in the provisional settlement in terms of the formula funding. In respect of NNDC there has been a small reduction of £438 (£7,053,058 reduced to £7,052,620) for 2013/14. 2.3 However, where there is a more significant change (for 2013/14) are the specific and special grants that have now been confirmed. The following outlines the additional funding announced within the final settlement: • • New Homes Adjustment Grant – £23,882 (2013/14) Council Tax Support (New Burdens Funding) £58,167 for 2013/14 (Indicative figure of £75,618 announced for 2014/15 which is subject to change) 16 • 2.4 Efficiency Support for Services in Sparse Areas Grant £44,544 (see further comment below) Within the announcement on the final settlement, the following statement was made in relation to the efficiency support for Sparse areas: “Following consultation we have concluded that more needs to be done to further support rural areas. This statement confirms increases made in the provisional settlement to the sparsity weighting and top-ups in the calculation of formula funding to reflect the costs of those services which can be more expensive in highly rural areas. On top of that, we are providing £8.5 million additional funding in 2013-14 as a separate new transitional grant to help authorities secure efficiencies in services for sparsely populated areas." 2.5 No conditions of the use of the grant have been announced and therefore at the time of writing the report, this has been added to the overall surplus for the year. An updated general fund summary is included at Appendix A which reflects the final settlement for 2013/14 and the provisional settlement for 2014/15. 2.6 When the budget was reported to Cabinet on 4 February 2013 a number of final parish precepts were still to be confirmed. At the time of producing this report 40 final notifications are outstanding, although the majority of these will meet to set their revised precept before the date of the Full Council meeting and therefore final figures will be available for the 27 February. The latest figures included within the report (section 4) show confirmed parish precepts and also the anticipated precepts for those outstanding. 2.7 It should be noted that as the billing authority, the setting of the parish precepts will have an impact on the total billed amount although not on the element which represents the District Council. This means the total District amount billed for an average Band D for 2013/14 will be £178.88 (see para 4.7), comprising District element £138.87 and parish element £40.01 (subject to receiving the final 40 parish precept forms). 2.8 In making decisions in relation to setting the Council Tax, section 25 of the Local Government Act 2003 requires the Chief Financial Officer of the Council to report to it on the robustness of the estimates and the adequacy of the proposed financial reserves. This is presented in the section 3 of this report. 3. Chief Financial Officer’s Report 3.1 The Local Government Finance Act 1992 requires Councils to have regard to the level of reserves needed for meeting estimated future expenditure when calculating their budget requirement. This is reinforced in Section 25 of the Local Government Act 2003 whereby the Chief Financial Officer is required to make a statement on the robustness of the estimates and the adequacy of the reserves. The section also goes on to require “An authority to which a report under this section is made shall have regard to the report when making decisions about the calculations in connection with which it is made.” The Robustness of the Estimates 3.2 This part of the report comments on the robustness of the estimates over the medium term and provides an analysis of the risks facing the Council related to the control of 17 income and expenditure flows against the budgets that are recommended for 2013/14 and beyond. 3.3 The framework within which the budget for 2013/14 has been constructed takes account of the following: a) Previous financial year out-turn position (2011/12) (3.4) b) Financial Plan Update 2012/13 to 2015/16 (3.5) c) Regular budget monitoring and associated reports (3.6) d) Current year revised budgets (3.7) e) Cash flow monitoring (3.8) 3.4 The final 2011/12 out turn position, following external audit, was reported to Members in September 2012 and secures the starting position for developing the Council’s budget. This position is used to update the financial planning process and establishes the baseline for the current estimates by reflecting significant movements which will have an on-going impact on the future financial position of the Council. 3.5 The financial planning process is well established and starts each year with the production of a four year Financial Plan which includes high level financial projections. During August to November each year the Council critically examines the proposed expenditure and income on existing services and seeks to identify changed priorities in service delivery and planned future developments, in response to both local and national pressures. It also identifies changes to spending plans and income projections. These are informed by the previous years out-turn position and the current year’s budget monitoring projections. The financial forecast does aim to highlight the more significant budget movements as a precursor to producing the full detailed budget for the forthcoming year. At the same time the anticipated level of future external Government funding is reviewed along with the impact of a continued freeze in the level of Council Tax for the same period. There were a significant number of unknowns in terms of the severity of future government grant reductions for future years and also the impact of changes to council tax benefits and the retention of business rates which come into operation from April 2013. By consolidating the financial forecasts, the Financial Plan seeks to identify future estimated budget requirements and financing shortfalls at an early stage of the annual budget process. 3.6 Regular Budget Monitoring – The regular budget monitoring process is carried out throughout the year with all expenditure and income being monitored on a monthly basis. Not only does this provide an essential tool for ensuring that the current year’s budget is achievable, but it is also fundamental in ensuring that the most up to date information is incorporated into the future budget and projections taking into account where budget pressures are highlighted during the year. The regular budget monitoring is used to inform the annual financial planning and budget process of changes that will have an on-going financial impact in future years, as opposed to having only a one-off implication in the current financial year. As part of the budget monitoring process, monthly variance reports are provided to budget managers and regular reports presented to Cabinet and Overview and Scrutiny Committee. Regular reviews of expenditure and commitments to date, along with income streams, are carried out to ensure that overspends or shortfalls in income are identified at the earliest opportunity and reported to Corporate Leadership Team and Members along with recommended action plans to ensure that the Councils overall budget can be met. 3.7 Current Year Revised Budgets – The revised budget for the current year is approved in December each year and is informed by the budget monitoring reports throughout 18 the year. It incorporates a detailed review of the current budget whilst highlighting future spending pressures and income shortfalls. 3.8 Cash Flow Monitoring – The Council remains debt free. It currently has no long term borrowing requirement and on the revenue account there have been no cash flow issues. Sufficient liquidity is generally maintained to cover day to day cash requirements. The cash flow position of the Council is monitored on a daily basis and managed within the Treasury Management Strategy which is approved alongside the budget each year. 3.9 Budgets are prepared using the best information that is available to the Council from its own sources and from external providers like Arlingclose and the Government’s Office for Budget Responsibility. However, many budgets are related to factors that fall outside the control of the Council, for example pay awards, demand led income levels, inflation and interest rates, and all can have a significant impact on the Council’s overall budget. Forecasting in these areas requires an examination of recent trends as well as assimilating future projections from external commentators. While income streams from building control fees and investments have been falling at the same time as other service income for example planning and car parking have seen fluctuations, the Council has rebased these estimates in line with past experience while at the same time taking account of indicators of economic activity which might indicate future trends. 3.10 Investment income has been drastically rebased in the light of the prolonged duration of low interest rates. The current investment strategy is looking for a return of 1.65% for 2013/14. The income budget assumes the investment portfolio is invested with counterparties in call accounts and term deposits in line with the Treasury Strategy 2013/14 (4 February 2013 Cabinet), and that existing deposits will continue to their maturity date. It also assumes the approved investment of £5 million in pooled property funds will commence in 2013/14 which has been projected to have a positive impact on the investment returns for the Council. 3.11 There are a number of financial risks facing the authority which are relevant at both service and corporate levels. In order that these risks are managed, a number of key areas within the budget need to be closely monitored in the coming financial year, these include: a) Car park income – this area generates significant income for the Council which in turn supports the delivery of other services across the Council. The 2013/14 budget assumes gross income of just over £2 million from all car parking related fees and charges. Small reductions in income here will impact on other areas of the Council’s budget. b) Planning and building control fees – while these estimates have been significantly re-based in recent years it is anticipated that the planning service will follow that of building control and move towards becoming self-financing in the future. The 2013/14 base budget includes income totalling approximately £905,000 from planning and building control fees. c) Waste and recycling credits – this is a significant source of income to the Council and reflects the activity across the District in recycling domestic refuse. A total of £875,233 is included in the 2013/14 base budget. d) The Savings agenda – the Council has a comprehensive savings and efficiencies agenda which it is relying on to be delivered over the life of the 19 medium term financial plan. The individual elements of this plan are routinely monitored as part of the financial reporting arrangements to keep the progress in this important area on track. Ongoing savings from the 2012/13 financial year totalling £897,096 are included in the base budget, plus an additional £163,097 from 2013/14 means there is a savings programme of £1,060,193 being delivered. e) Council Tax Support costs – the new Local Council Tax Support Scheme (LCTSS) has been developed to minimise the impact of the change from Council Tax Benefits on claimants’ incomes. The scheme, developed after consultation, conforms to the 8.5% threshold used by the Government and enable the transitional funding to be claimed. Proposals are being developed to ensure that these changes and their impact become part of the regular financial monitoring arrangements. f) The Council Tax technical changes introduced to the discounts within the Council Tax scheme are also to be closely monitored to identify areas where the estimated additional income is not being generated to allow remedial action to be taken. g) Business Rates Retention – this too is an important change in the funding of local authorities from April 2013 and it will be necessary to establish a robust monitoring arrangement which focuses on changes in rateable values and the levels of collection which will impact on this Council, the County Council and Central Government through the Collection Fund. h) Investment Returns – Interest rates have never been so low for such a sustained period of time in the national economy. The delivery of investment returns is problematic with the choice of counterparty and period of exposure being weighed on a daily basis in line with the treasury management strategy. Security, liquidity and yield remain key principles in determining the investment decisions. The development of a property led investment portfolio, for example, seeks to increase investment returns without compromising the security of the invested funds. However, these returns still provide support to the revenue budget and changes in economic forecasts, money markets and the stock market as well as the government’s triple A rating can all impact on the returns achieved. 3.12 To cushion the withdrawal of central government funding the budget includes the use of £200k of reserves in 2013/14. This is in line with the proposals outlined in the budget report for 2012/13. The use of reserves in this way represents one-off funding which once used is not available for future years. 3.13 Looking forward to 2016/17 the financial projections included in the budget report indicate that further savings will have to be made based on assumptions about the future level of funding for 2014/15 onwards. This shows a current forecast budget gap of £916,799 in 2014/15, increasing to £1,551,721 in 2015/16 and £2,271,637 in 2016/17. This is after allowing for a use of reserves of £200,000 in each of the first two years of the forecast. 3.14 The capital programme relies on new capital receipts from the sale of assets for nonhousing capital projects, and preserved right to buy receipts and the VAT shelter arrangements for the housing programme. In both cases prudent estimates are made of the timing of such receipts and the expenditure profiles within the overall capital programme. 20 3.15 Budget monitoring throughout the financial year is critical to the robustness of the estimates. It is through the ability to manage and control the spending within the approved budgets and, where appropriate, identifying and recommending appropriate actions, which serves to mitigate the Council’s level of financial risk. 3.16 Throughout the process of preparing the Council’s budget there is involvement of the Elected Members through Officer/Member meetings and reports to Cabinet and Overview and Scrutiny Committee. 3.17 The Council also takes advice from third party organisations concerning a number of more technical factors that impact on the budget process, for example external advice in relation to treasury management, VAT and Insurance. By doing so the Council is able to monitor the wider implications of changes in interest rates, inflation and employment and take remedial action to mitigate financial risk. Adequacy of the Reserves 3.18 An assessment of the adequacy of the reserves estimated to be available to the Council throughout 2013/14 is based on the possible commitments falling to be discharged against the following categories of reserves: • General Reserve • Earmarked Reserves 3.19 Guidance from the Chartered Institute of Public Finance and Accountancy (CIPFA) issued in November 2008 advises that account should be taken of the strategic, operational and financial risks facing the Council. 3.20 There are three main reasons for holding reserves: a) as a contingency to cushion the impact of unexpected events or emergencies b) to cushion against the impact of uneven cash flows and to avoid temporary borrowing, and c) as a means of building up funds to meet known or predicted liabilities (earmarked reserves) 3.21 Reviewing the reserves is well established within the budget setting process and is informed by the framework as set out in appendix B to this report. 3.22 An updated reserve statement is included at appendix C to this report. 3.23 The unallocated General Reserve has been reviewed in the light of the planned service delivery costs contained within this budget and against the framework of assessment at appendix B to this report. 3.24 In particular the risks associated with the changed financial framework from April 2013 relating to the LCTSS, the technical changes to council tax discounts and the retention of business rate income have been reviewed. There is a shift of risk to the Council of income and expenditure flows that form a proportionately larger part of the overall council’s budget than when these risks were part of Central Government’s budgets. The changes from April 2013 as a result of the LCTSS and the retention of business rates has increased the financial uncertainty facing local government and more local authorities are facing challenges to avoid financial difficulties while meeting their statutory responsibilities. 21 3.25 Other income streams from demand led services remain vulnerable to the overarching economic activity both locally and nationally. Steps have been taken to reduce estimates of income from these services as appropriate but the activity that drives the income remains very difficult to predict. 3.26 The programme of savings identified as part of the medium term financial plan in 2012/13 is set to continue throughout 2013/14 and 2014/15. Progress through 2012/13 has been in line with expectations with only minimal changes and it is anticipated that this progress will continue to deliver the total savings within the agreed overall timeframe. 3.27 The revised assessment of the General Reserve for 2013/14 and forward years shows an increase from the current policy of holding a minimum reserve of £950k to a establishing revised minimum level of £1,600k which represents 14% of the net budgeted operating expenditure. The actual level of the General Reserve at the end of the financial year 2013/14 is estimated to be £2,072,491, although this includes £400,000 which the current projections assume will be released by 2015/16. 3.28 Earmarked reserves are estimated to total £5,507,278 by the end of the 2013/14 financial year. The main components of this total are the Big Society Fund, Capital Projects Reserve and the New Homes Bonus Reserve. These reserves, along with all the other earmarked reserves have been reviewed against the framework in appendix B, as decisions are made on the utilisation of these reserve the reserves position and projections will be updated accordingly. 3.29 The use of the Big Society Fund is designed to support projects that communities identify which will make a difference to the economic and social well-being of their areas. The annual contribution to this reserve is determined as part of the budget process. 3.30 The Capital Projects Reserve provides the funds for major asset purchases or other capital developments. It is supported by the VAT shelter receipts following the Large Scale Voluntary Transfer (LSVT) of the councils housing stock in 2006. 3.31 A policy for the deployment of the New Homes Bonus Reserve is currently under discussion. It is an un-ringfenced grant from Central Government predicated on the development of new dwellings within the district and calculated by reference to a prescribed formula. 3.32 All of the earmarked reserves follow the protocol at paragraph 2.2 of the Policy Framework at appendix B to this report 3.33 In the opinion of the Chief Financial Officer the budgeted level of both the General Reserve and the Earmarked Reserves shown in Appendix D are considered adequate for the period 2013/14 to 2016/17; however the level of the reserves will continue to be reviewed during the year as part of the regular budget monitoring and as part of the forward financial planning process. 4. COUNCIL TAX SETTING FOR 2013/14 4.1 The following pages represent the information required for Members to set the Council Tax for the year commencing 1 April 2013. 4.2 Norfolk County Council is scheduled to meet on the 18 February 2013 to set its Council Tax, and the recommendation is to freeze the council tax at the same level 22 as last year. The Norfolk Police & Crime Commissioner set the Council Tax on the 31 January 2013 with an increase of 1.965%. The figures used in this report are based on the assumption that there will be no increase for North Norfolk District Council (excluding town and parish council precepts) and Norfolk County Council, and a 1.965% increase for the Norfolk Police & Crime Commissioner. 4.3 Not all the parish precepts have been received at the time this report was prepared and assumptions have been made regarding their amount. If any of these assumptions prove to be incorrect when the actual precept is received, revised tables will be made available for members at the meeting. If any local precepts still remain outstanding at the date of the meeting, the Council has powers to anticipate the amount of these precepts and the anticipated amount will be included in the revised tables. 4.4 The Localism Act 2011 makes provision for council tax referendums to be held if an authority increases its basic amount of council tax in excess of principles determined by the Secretary of State. These excessiveness principles are set each year and the Secretary of State has proposed that for 2013/14 a 2% referendum principle will apply to all principal local authorities, Police & Crime Commissioners and Fire & Rescue Authorities. There are some exceptions to this principle, and for shire district councils who’s 2012/13 Band D council tax was is in the lower quartile, the referendum principle applies if there is an increase of more than 2% together with a cash increase of more than £5 in the 2013/14 council tax. For North Norfolk District Council therefore a referendum will be triggered if it sets a council tax which is more than 2% and £5 above the basic amount of tax compared to 2012/13, and if the Norfolk Police & Crime Commissioner sets a council tax which exceeds 2.0% compared to 2012/13. 4.5 The Secretary of State does not propose to determine excessiveness principles for local precepting authorities (town and parish councils) for 2013-14, but does intend to revisit this issue in the following year, having considered the extent to which they have exercised restraint in relation to council tax in 2013/14. 4.6 That it be NOTED that at its meeting on 23 January 2013, Full Council calculated the following Council Tax bases for the year 2013/14 in accordance with regulations made under Section 31B of the Local Government Finance Act 1992 as amended: a) for the whole Council area as 36,411 (Item T in the formula in Section 31B of the Local Government Finance Act 1992) being calculated by the Council, in accordance with Regulation 3 of The Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, as its Council Tax base for the year; b) COUNCIL PART OF THE COUNCIL PART OF THE TAX BASE COUNCIL’S AREA TAX BASE COUNCIL'S AREA Alby with Thwaite 93.05 Little Barningham 37.24 Aldborough 208.51 Little Snoring 203.36 Antingham 115.08 Ludham 467.30 Ashmanhaugh 65.32 Matlaske 60.42 Aylmerton 186.10 Melton Constable 172.58 Baconsthorpe 76.30 Morston 57.88 Bacton 455.98 Mundesley 1032.89 Barsham 93.91 Neatishead 224.87 Barton Turf 237.01 North Walsham 3543.15 Beckham East/West 108.64 Northrepps 301.95 23 PART OF THE COUNCIL'S AREA Beeston Regis Binham Blakeney Bodham Briningham Brinton Briston Brumstead Catfield Cley Colby Corpusty and Saxthorpe Cromer Dilham Dunton East Ruston Edgefield Erpingham Fakenham Felbrigg Felmingham Field Dalling Fulmodestone Gimingham Great Snoring Gresham Gunthorpe Hanworth Happisburgh Helhoughton Hempstead Hempton Hickling High Kelling Hindolveston Hindringham Holkham Holt Honing Horning Horsey Hoveton Ingham Ingworth Itteringham Kelling Kettlestone Knapton Langham COUNCIL PART OF THE TAX BASE COUNCIL’S AREA 356.83 Overstrand 165.01 Paston 505.35 Plumstead 146.65 Potter Heigham 61.01 Pudding Norton 117.06 Raynham 778.76 Roughton 25.50 Runton 295.78 Ryburgh 303.94 Salthouse 177.50 Scottow 252.43 Sculthorpe 2652.62 Sea Palling 130.60 Sheringham 50.83 Sidestrand 175.20 Skeyton 167.65 Sloley 226.77 Smallburgh 2280.37 Southrepps 65.01 Stalham 176.88 Stibbard 133.08 Stiffkey 166.28 Stody 137.45 Suffield 76.39 Sustead 161.29 Sutton 138.53 Swafield 96.40 Swanton Abbott 286.91 Swanton Novers 115.70 Tattersett 70.90 Thornage 175.29 Thorpe Market 383.36 Thurning 262.01 Thursford 189.65 Trimingham 227.25 Trunch 84.78 Tunstead 1473.54 Upper Sheringham 116.74 Walcott 575.07 Walsingham 27.67 Warham 703.68 Wells-next-the-Sea 143.10 Westwick 39.94 Weybourne 57.41 Wickmere 80.82 Wighton 86.76 Witton 140.32 Wiveton 188.74 Wood Norton 24 COUNCIL TAX BASE 402.95 75.63 48.21 383.11 69.12 123.07 311.39 679.64 210.85 110.07 267.12 265.23 194.44 2924.32 44.05 83.56 81.73 169.34 301.30 928.23 128.37 123.98 88.79 49.65 82.58 359.70 105.53 140.35 78.56 260.63 88.87 103.14 29.11 101.73 127.14 325.06 243.36 90.84 198.36 327.79 73.02 995.12 27.93 306.88 56.19 102.78 116.63 82.91 96.77 PART OF THE COUNCIL'S AREA Lessingham Letheringsett with Glandford COUNCIL PART OF THE TAX BASE COUNCIL’S AREA 215.06 Worstead COUNCIL TAX BASE 297.52 120.94 being the amounts calculated by the Council, in accordance with Regulation 6 of The Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, as the amounts of its Council Tax base for the year for dwellings in those parts of its area to which special items (parish precepts) may relate. 4.7 That the following amounts be now CALCULATED by the Council for the year 2013/14 in accordance with Sections 31A to 36 of the Local Government Finance Act 1992 and the relevant regulations and directions as follows:a) b) c) d) e) f) £56,714,083 being the aggregate of the amounts which the Council estimates for the expenditure items set out in Section 31A(2) (a) to (f) of the Act. £50,201,040 being the aggregate of the amounts which the Council estimates for the income items set out in Section 31A(3) (a) to (d) of the Act. This includes the amount the Council estimates will be transferred in the year from its collection fund to its general fund in accordance with Section 97 (3) of the Local Government Finance Act 1988 (council tax surplus of £26,216). £6,513,043 being the amount by which the aggregate at (a) above exceeds the aggregate at (b) above, calculated by the Council, in accordance with Section 31A(4) of the Act, to be its council tax requirement for the year. £178.8757 being the amount at (c) above divided by the amount at 4.6(a) above, calculated by the Council, in accordance with Section 31B(1) of the Act, as the basic amount of its Council Tax for the year. £1,456,649 being the aggregate amount of all special items (parish precepts) referred to in Section 34(1) of the Act. £138.8700 being the amount at (d) above less the result given by dividing the amount at (e) above by the amount at 4.6 (a) above, calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item (parish precept) relates. g) PART OF THE COUNCIL'S AREA Alby with Thwaite Aldborough Antingham Ashmanhaugh Aylmerton Baconsthorpe Bacton BASIC PART OF THE COUNCIL’S AMOUNT AREA £ 164.6625 Little Barningham 159.9960 Little Snoring 156.4490 Ludham 182.3023 Matlaske 170.4605 Melton Constable 155.0036 Morston 167.4370 Mundesley 25 BASIC AMOUNT £ 159.7078 168.3644 155.2427 143.3718 188.2673 155.5424 183.4226 PART OF THE COUNCIL'S AREA Barsham Barton Turf Beckham East/West Beeston Regis Binham Blakeney Bodham Brinton Briston Catfield Cley Colby Corpusty and Saxthorpe Cromer Dilham East Ruston Edgefield Erpingham Fakenham Felbrigg Felmingham Field Dalling Fulmodestone Gimingham Great Snoring Gresham Gunthorpe Hanworth Happisburgh Helhoughton Hempstead Hempton Hickling High Kelling Hindolveston Hindringham Holkham Holt Honing Horning Horsey Hoveton Ingham Ingworth Itteringham Kelling Kettlestone Knapton BASIC PART OF THE COUNCIL’S AMOUNT AREA £ 156.4400 Neatishead 157.2574 North Walsham 158.6325 Northrepps 172.8385 Overstrand 166.1410 Paston 190.4263 Plumstead 180.5679 Potter Heigham 158.0909 Pudding Norton 166.8208 Raynham 168.5812 Roughton 163.3090 Runton 219.8277 Ryburgh 171.5760 Salthouse 199.0859 Scottow 169.3677 Sculthorpe 155.9932 Sea Palling 174.6588 Sheringham 165.9282 Sidestrand 193.2445 Skeyton 168.5885 Sloley 146.5249 Smallburgh 159.8573 Southrepps 163.5753 Stalham 167.7168 Stibbard 173.4949 Stiffkey 167.5946 Stody 151.8635 Suffield 158.2268 Sustead 160.9082 Sutton 168.4551 Swafield 160.8022 Swanton Abbott 174.5594 Swanton Novers 227.8490 Tattersett 159.0600 Thornage 167.8813 Thorpe Market 163.2924 Thursford 168.3580 Trimingham 191.9449 Trunch 154.4088 Tunstead 161.0359 Upper Sheringham 172.9140 Walcott 191.2347 Walsingham 147.1509 Warham 196.2060 Wells-next-the-Sea 170.2756 Weybourne 173.2550 Wickmere 174.6353 Wighton 165.8583 Witton 26 BASIC AMOUNT £ 163.3508 175.2791 180.5855 174.4724 189.5112 170.4194 167.8590 185.0794 181.9511 162.7307 152.3344 172.0974 172.2760 162.5784 158.6641 186.0362 199.6701 165.6123 151.1605 166.5464 171.2073 174.2898 192.7359 175.9425 176.0937 165.1905 165.6172 154.9755 158.3529 173.1256 168.7666 169.8145 149.3369 154.0944 173.2989 166.7968 186.1879 183.9139 162.9659 189.4204 171.0085 175.0150 207.3443 198.7693 201.3146 194.5026 169.5666 146.5781 PART OF THE COUNCIL'S AREA BASIC PART OF THE COUNCIL’S AMOUNT AREA £ 170.9511 Wiveton 152.7823 Wood Norton 154.5720 Worstead Langham Lessingham Letheringsett with Glandford BASIC AMOUNT £ 191.1073 162.9063 165.9841 being the amounts given by adding to the amount at 4.7(f) above to the amounts of the special item or items relating to dwellings in those parts of the Council’s area mentioned above divided in each case by the amount at 4.6(b) above, calculated by the Council, in accordance with Section 34(3) of the Act, as the basic amounts of its Council Tax for the year for dwellings in those parts of its area to which one or more special items relate. h) PART OF THE COUNCIL’S AREA VALUATION BANDS A £ Alby with Thwaite Aldborough Antingham Ashmanhaugh Aylmerton Baconsthorpe Bacton Barsham Barton Turf Beckham East/West Beeston Regis Binham Blakeney Bodham Brinton Briston Catfield Cley Colby Corpusty and Saxthorpe Cromer Dilham East Ruston Edgefield Erpingham Fakenham Felbrigg Felmingham Field Dalling Fulmodestone Gimingham B £ C £ D £ E £ F £ G £ H £ 109.77 106.66 104.29 121.53 113.64 103.33 111.62 104.29 104.83 105.75 115.22 110.76 126.95 120.37 105.39 111.21 112.38 108.87 146.55 128.07 124.44 121.68 141.79 132.58 120.55 130.22 121.67 122.31 123.38 134.42 129.22 148.10 140.44 122.95 129.74 131.11 127.01 170.97 146.36 142.21 139.06 162.04 151.52 137.78 148.83 139.05 139.78 141.00 153.63 147.68 169.26 160.50 140.52 148.28 149.84 145.16 195.40 164.66 159.99 156.44 182.30 170.46 155.00 167.43 156.44 157.25 158.63 172.83 166.14 190.42 180.56 158.09 166.82 168.58 163.30 219.82 201.25 195.55 191.21 222.81 208.34 189.44 204.64 191.20 192.20 193.88 211.24 203.06 232.74 220.69 193.22 203.89 206.04 199.59 268.67 237.84 231.10 225.98 263.32 246.22 223.89 241.85 225.96 227.14 229.13 249.65 239.98 275.06 260.82 228.35 240.96 243.50 235.89 317.52 274.43 266.66 260.74 303.83 284.10 258.33 279.06 260.73 262.09 264.38 288.06 276.90 317.37 300.94 263.48 278.03 280.96 272.18 366.37 329.32 319.99 312.89 364.60 340.92 310.00 334.87 312.88 314.51 317.26 345.67 332.28 380.85 361.13 316.18 333.64 337.16 326.61 439.65 114.38 132.72 112.91 103.99 116.43 110.61 128.82 112.39 97.68 106.57 109.05 111.81 133.44 154.84 131.73 121.32 135.84 129.05 150.30 131.12 113.96 124.33 127.22 130.44 152.51 176.96 150.54 138.66 155.25 147.49 171.77 149.85 130.24 142.09 145.40 149.08 171.57 199.08 169.36 155.99 174.65 165.92 193.24 168.58 146.52 159.85 163.57 167.71 209.70 243.32 207.00 190.65 213.47 202.80 236.18 206.05 179.08 195.38 199.92 204.98 247.83 287.56 244.64 225.32 252.28 239.67 279.13 243.51 211.64 230.90 236.27 242.25 285.96 331.80 282.27 259.98 291.09 276.54 322.07 280.98 244.20 266.42 272.62 279.52 343.15 398.17 338.73 311.98 349.31 331.85 386.48 337.17 293.04 319.71 327.15 335.43 27 PART OF THE COUNCIL’S AREA VALUATION BANDS A £ Great Snoring Gresham Gunthorpe Hanworth Happisburgh Helhoughton Hempstead Hempton Hickling High Kelling Hindolveston Hindringham Holkham Holt Honing Horning Horsey Hoveton Ingham Ingworth Itteringham Kelling Kettlestone Knapton Langham Lessingham Letheringsett with Glandford Little Barningham Little Snoring Ludham Matlaske Melton Constable Morston Mundesley Neatishead North Walsham Northrepps Overstrand Paston Plumstead Potter Heigham Pudding Norton Raynham Roughton Runton B £ C £ D £ E £ F £ G £ H £ 115.66 111.72 101.24 105.48 107.27 112.30 107.20 116.37 151.89 106.04 111.92 108.86 112.23 127.96 102.93 107.35 115.27 127.48 98.10 130.80 113.51 115.50 116.42 110.57 113.96 101.85 134.94 130.35 118.11 123.06 125.15 131.02 125.06 135.76 177.21 123.71 130.57 127.00 130.94 149.29 120.09 125.25 134.48 148.73 114.45 152.60 132.43 134.75 135.82 129.00 132.96 118.83 154.21 148.97 134.98 140.64 143.02 149.73 142.93 155.16 202.53 141.38 149.22 145.14 149.65 170.61 137.25 143.14 153.70 169.98 130.80 174.40 151.35 154.00 155.23 147.42 151.95 135.80 173.49 167.59 151.86 158.22 160.90 168.45 160.80 174.55 227.84 159.06 167.88 163.29 168.35 191.94 154.40 161.03 172.91 191.23 147.15 196.20 170.27 173.25 174.63 165.85 170.95 152.78 212.04 204.83 185.61 193.38 196.66 205.88 196.53 213.35 278.48 194.40 205.18 199.57 205.77 234.59 188.72 196.82 211.33 233.73 179.85 239.80 208.11 211.75 213.44 202.71 208.94 186.73 250.60 242.08 219.35 228.54 232.42 243.32 232.26 252.14 329.11 229.75 242.49 235.86 243.18 277.25 223.03 232.60 249.76 276.22 212.55 283.40 245.95 250.25 252.25 239.57 246.92 220.68 289.15 279.32 253.10 263.71 268.18 280.75 268.00 290.93 379.74 265.10 279.80 272.15 280.59 319.90 257.34 268.39 288.19 318.72 245.25 327.01 283.79 288.75 291.05 276.43 284.91 254.63 346.98 335.18 303.72 316.45 321.81 336.91 321.60 349.11 455.69 318.12 335.76 326.58 336.71 383.88 308.81 322.07 345.82 382.46 294.30 392.41 340.55 346.51 349.27 331.71 341.90 305.56 103.04 106.47 112.24 103.49 95.58 125.51 103.69 122.28 108.90 116.85 120.39 116.31 126.34 113.61 111.90 123.38 121.30 108.48 101.55 120.22 124.21 130.95 120.74 111.51 146.43 120.97 142.66 127.05 136.32 140.45 135.70 147.39 132.54 130.55 143.95 141.51 126.56 118.48 137.39 141.96 149.65 137.99 127.44 167.34 138.25 163.04 145.20 155.80 160.52 155.08 168.45 151.48 149.20 164.51 161.73 144.64 135.40 154.57 159.70 168.36 155.24 143.37 188.26 155.54 183.42 163.35 175.27 180.58 174.47 189.51 170.41 167.85 185.07 181.95 162.73 152.33 188.92 195.19 205.77 189.74 175.23 230.10 190.10 224.18 199.65 214.23 220.71 213.24 231.62 208.29 205.16 226.20 222.38 198.89 186.18 223.27 230.68 243.19 224.23 207.09 271.94 224.67 264.94 235.95 253.18 260.84 252.01 273.73 246.16 242.46 267.33 262.81 235.05 220.03 257.62 266.17 280.60 258.73 238.95 313.77 259.23 305.70 272.25 292.13 300.97 290.78 315.85 284.03 279.76 308.46 303.25 271.21 253.89 309.14 319.41 336.72 310.48 286.74 376.53 311.08 366.84 326.70 350.55 361.17 348.94 379.02 340.83 335.71 370.15 363.90 325.46 304.66 28 PART OF THE COUNCIL’S AREA VALUATION BANDS A £ Ryburgh Salthouse Scottow Sculthorpe Sea Palling Sheringham Sidestrand Skeyton Sloley Smallburgh Southrepps Stalham Stibbard Stiffkey Stody Suffield Sustead Sutton Swafield Swanton Abbott Swanton Novers Tattersett Thornage Thorpe Market Thursford Trimingham Trunch Tunstead Upper Sheringham Walcott Walsingham Warham Wells-next-the-Sea Weybourne Wickmere Wighton Witton Wiveton Wood Norton Worstead All Other Parts of the Council’s Area 114.73 114.85 108.38 105.77 124.02 133.11 110.40 100.77 111.03 114.13 116.19 128.49 117.29 117.39 110.12 110.41 103.31 105.56 115.41 112.51 113.20 99.55 102.72 115.53 111.19 124.12 122.60 108.64 126.28 114.00 116.67 138.22 132.51 134.20 129.66 113.04 97.71 127.40 108.60 110.65 B £ 133.85 133.99 126.44 123.40 144.69 155.29 128.80 117.56 129.53 133.16 135.55 149.90 136.84 136.96 128.48 128.81 120.53 123.16 134.65 131.26 132.07 116.15 119.85 134.78 129.73 144.81 143.04 126.75 147.32 133.00 136.12 161.26 154.59 156.57 151.27 131.88 114.00 148.63 126.70 129.09 C £ 152.97 153.13 144.51 141.03 165.36 177.48 147.21 134.36 148.04 152.18 154.92 171.32 156.39 156.52 146.83 147.21 137.75 140.75 153.88 150.01 150.94 132.74 136.97 154.04 148.26 165.50 163.47 144.85 168.37 152.00 155.56 184.30 176.68 178.94 172.89 150.72 130.29 169.87 144.80 147.54 D £ 172.09 172.27 162.57 158.66 186.03 199.67 165.61 151.16 166.54 171.20 174.28 192.73 175.94 176.09 165.19 165.61 154.97 158.35 173.12 168.76 169.81 149.33 154.09 173.29 166.79 186.18 183.91 162.96 189.42 171.00 175.01 207.34 198.76 201.31 194.50 169.56 146.57 191.10 162.90 165.98 E £ 210.34 210.55 198.70 193.92 227.37 244.04 202.41 184.75 203.55 209.25 213.02 235.56 215.04 215.22 201.89 202.42 189.41 193.54 211.59 206.27 207.55 182.52 188.33 211.80 203.86 227.56 224.78 199.18 231.51 209.01 213.90 253.42 242.94 246.05 237.72 207.24 179.15 233.57 199.10 202.86 F £ 248.58 248.84 234.83 229.18 268.71 288.41 239.21 218.34 240.56 247.29 251.75 278.39 254.13 254.35 238.60 239.22 223.85 228.73 250.07 243.77 245.28 215.70 222.58 250.32 240.92 268.93 265.65 235.39 273.60 247.01 252.79 299.49 287.11 290.78 280.94 244.92 211.72 276.04 235.30 239.75 G £ 286.82 287.12 270.96 264.44 310.06 332.78 276.02 251.93 277.57 285.34 290.48 321.22 293.23 293.48 275.31 276.02 258.29 263.92 288.54 281.27 283.02 248.89 256.82 288.83 277.99 310.31 306.52 271.60 315.70 285.01 291.69 345.57 331.28 335.52 324.17 282.61 244.29 318.51 271.51 276.64 H £ 344.19 344.55 325.15 317.32 372.07 399.34 331.22 302.32 333.09 342.41 348.57 385.47 351.88 352.18 330.38 331.23 309.95 316.70 346.25 337.53 339.62 298.67 308.18 346.59 333.59 372.37 367.82 325.93 378.84 342.01 350.03 414.68 397.53 402.62 389.00 339.13 293.15 382.21 325.81 331.96 92.58 108.01 123.44 138.87 169.73 200.59 231.45 277.74 being the amounts given by multiplying (as appropriate) the amounts at 4.7(f) or 4.7(g) above by the number which, in the proportion set out in Section 5(1) of the Act, 29 is applicable to dwellings listed in a particular valuation band divided by the number which in that proportion is applicable to dwellings listed in valuation Band D, calculated by the Council, in accordance with Section 36(1) of the Act, as the amounts to be taken into account for the year in respect of categories of dwellings listed in different valuation bands. 4.8 That it be NOTED that for the year 2013/14 the Norfolk County Council and the Norfolk Police & Crime Commissioner have stated the following amounts in precepts issued to the Council, in accordance with Section 40 of the Local Government Finance Act 1992, for each of the categories of dwellings shown below:- VALUATION BANDS Norfolk County Council Norfolk Police Authority 4.9 A £ B £ C £ D £ E £ F £ G £ H £ 763.38 890.61 1,017.84 1,145.07 1,399.53 1,653.99 1,908.45 2,290.14 133.86 156.17 178.48 200.79 245.41 290.03 334.65 401.58 That, having calculated the aggregate in each case of the amounts at 4.7(h) and 4.8 above, the Council, in accordance with Section 30 and 36 of the Local Government Finance Act 1992, HEREBY SETS the following amounts as the amounts of Council Tax for the year 2013/14 for each of the categories of dwellings shown below:- PART OF THE COUNCIL’S AREA Alby with Thwaite Aldborough Antingham Ashmanhaugh Aylmerton Baconsthorpe Bacton Barsham Barton Turf Beckham East/West Beeston Regis Binham Blakeney Bodham Brinton Briston Catfield Cley VALUATION BANDS A £ B £ C £ D £ E £ F £ G £ H £ 1,007.01 1,003.90 1,001.53 1,018.77 1,010.88 1,000.57 1,008.86 1,001.53 1,002.07 1,174.85 1,171.22 1,168.46 1,188.57 1,179.36 1,167.33 1,177.00 1,168.45 1,169.09 1,342.68 1,338.53 1,335.38 1,358.36 1,347.84 1,334.10 1,345.15 1,335.37 1,336.10 1,510.52 1,505.85 1,502.30 1,528.16 1,516.32 1,500.86 1,513.29 1,502.30 1,503.11 1,846.19 1,840.49 1,836.15 1,867.75 1,853.28 1,834.38 1,849.58 1,836.14 1,837.14 2,181.86 2,175.12 2,170.00 2,207.34 2,190.24 2,167.91 2,185.87 2,169.98 2,171.16 2,517.53 2,509.76 2,503.84 2,546.93 2,527.20 2,501.43 2,522.16 2,503.83 2,505.19 3,021.04 3,011.71 3,004.61 3,056.32 3,032.64 3,001.72 3,026.59 3,004.60 3,006.23 1,002.99 1,012.46 1,008.00 1,024.19 1,017.61 1,002.63 1,008.45 1,009.62 1,006.11 1,170.16 1,181.20 1,176.00 1,194.88 1,187.22 1,169.73 1,176.52 1,177.89 1,173.79 1,337.32 1,349.95 1,344.00 1,365.58 1,356.82 1,336.84 1,344.60 1,346.16 1,341.48 1,504.49 1,518.69 1,512.00 1,536.28 1,526.42 1,503.95 1,512.68 1,514.44 1,509.16 1,838.82 1,856.18 1,848.00 1,877.68 1,865.63 1,838.16 1,848.83 1,850.98 1,844.53 2,173.15 2,193.67 2,184.00 2,219.08 2,204.84 2,172.37 2,184.98 2,187.52 2,179.91 2,507.48 2,531.16 2,520.00 2,560.47 2,544.04 2,506.58 2,521.13 2,524.06 2,515.28 3,008.98 3,037.39 3,024.00 3,072.57 3,052.85 3,007.90 3,025.36 3,028.88 3,018.33 30 PART OF THE COUNCIL’S AREA VALUATION BANDS A £ Colby Corpusty and Saxthorpe Cromer Dilham East Ruston Edgefield Erpingham Fakenham Felbrigg Felmingham Field Dalling Fulmodestone Gimingham Great Snoring Gresham Gunthorpe Hanworth Happisburgh Helhoughton Hempstead Hempton Hickling High Kelling Hindolveston Hindringham Holkham Holt Honing Horning Horsey Hoveton Ingham Ingworth Itteringham Kelling Kettlestone Knapton Langham Lessingham Letheringsett with Glandford Little Barningham Little Snoring Ludham B £ C £ D £ E £ F £ G £ H £ 1,043.79 1,217.75 1,391.72 1,565.68 1,913.61 2,261.54 2,609.47 3,131.37 1,011.62 1,029.96 1,010.15 1,001.23 1,013.67 1,007.85 1,026.06 1,009.63 994.92 1,003.81 1,006.29 1,009.05 1,012.90 1,008.96 998.48 1,002.72 1,004.51 1,009.54 1,004.44 1,013.61 1,049.13 1,003.28 1,009.16 1,006.10 1,009.47 1,025.20 1,000.17 1,004.59 1,012.51 1,024.72 995.34 1,028.04 1,010.75 1,012.74 1,013.66 1,007.81 1,011.20 999.09 1,180.22 1,201.62 1,178.51 1,168.10 1,182.62 1,175.83 1,197.08 1,177.90 1,160.74 1,171.11 1,174.00 1,177.22 1,181.72 1,177.13 1,164.89 1,169.84 1,171.93 1,177.80 1,171.84 1,182.54 1,223.99 1,170.49 1,177.35 1,173.78 1,177.72 1,196.07 1,166.87 1,172.03 1,181.26 1,195.51 1,161.23 1,199.38 1,179.21 1,181.53 1,182.60 1,175.78 1,179.74 1,165.61 1,348.83 1,373.28 1,346.86 1,334.98 1,351.57 1,343.81 1,368.09 1,346.17 1,326.56 1,338.41 1,341.72 1,345.40 1,350.53 1,345.29 1,331.30 1,336.96 1,339.34 1,346.05 1,339.25 1,351.48 1,398.85 1,337.70 1,345.54 1,341.46 1,345.97 1,366.93 1,333.57 1,339.46 1,350.02 1,366.30 1,327.12 1,370.72 1,347.67 1,350.32 1,351.55 1,343.74 1,348.27 1,332.12 1,517.43 1,544.94 1,515.22 1,501.85 1,520.51 1,511.78 1,539.10 1,514.44 1,492.38 1,505.71 1,509.43 1,513.57 1,519.35 1,513.45 1,497.72 1,504.08 1,506.76 1,514.31 1,506.66 1,520.41 1,573.70 1,504.92 1,513.74 1,509.15 1,514.21 1,537.80 1,500.26 1,506.89 1,518.77 1,537.09 1,493.01 1,542.06 1,516.13 1,519.11 1,520.49 1,511.71 1,516.81 1,498.64 1,854.64 1,888.26 1,851.94 1,835.59 1,858.41 1,847.74 1,881.12 1,850.99 1,824.02 1,840.32 1,844.86 1,849.92 1,856.98 1,849.77 1,830.55 1,838.32 1,841.60 1,850.82 1,841.47 1,858.29 1,923.42 1,839.34 1,850.12 1,844.51 1,850.71 1,879.53 1,833.66 1,841.76 1,856.27 1,878.67 1,824.79 1,884.74 1,853.05 1,856.69 1,858.38 1,847.65 1,853.88 1,831.67 2,191.85 2,231.58 2,188.66 2,169.34 2,196.30 2,183.69 2,223.15 2,187.53 2,155.66 2,174.92 2,180.29 2,186.27 2,194.62 2,186.10 2,163.37 2,172.56 2,176.44 2,187.34 2,176.28 2,196.16 2,273.13 2,173.77 2,186.51 2,179.88 2,187.20 2,221.27 2,167.05 2,176.62 2,193.78 2,220.24 2,156.57 2,227.42 2,189.97 2,194.27 2,196.27 2,183.59 2,190.94 2,164.70 2,529.06 2,574.90 2,525.37 2,503.08 2,534.19 2,519.64 2,565.17 2,524.08 2,487.30 2,509.52 2,515.72 2,522.62 2,532.25 2,522.42 2,496.20 2,506.81 2,511.28 2,523.85 2,511.10 2,534.03 2,622.84 2,508.20 2,522.90 2,515.25 2,523.69 2,563.00 2,500.44 2,511.49 2,531.29 2,561.82 2,488.35 2,570.11 2,526.89 2,531.85 2,534.15 2,519.53 2,528.01 2,497.73 3,034.87 3,089.89 3,030.45 3,003.70 3,041.03 3,023.57 3,078.20 3,028.89 2,984.76 3,011.43 3,018.87 3,027.15 3,038.70 3,026.90 2,995.44 3,008.17 3,013.53 3,028.63 3,013.32 3,040.83 3,147.41 3,009.84 3,027.48 3,018.30 3,028.43 3,075.60 3,000.53 3,013.79 3,037.54 3,074.18 2,986.02 3,084.13 3,032.27 3,038.23 3,040.99 3,023.43 3,033.62 2,997.28 1,000.28 1,003.71 1,009.48 1,000.73 1,167.00 1,170.99 1,177.73 1,167.52 1,333.71 1,338.28 1,345.97 1,334.31 1,500.43 1,505.56 1,514.22 1,501.10 1,833.86 1,840.13 1,850.71 1,834.68 2,167.29 2,174.70 2,187.21 2,168.25 2,500.72 2,509.27 2,523.70 2,501.83 3,000.86 3,011.13 3,028.44 3,002.20 31 PART OF THE COUNCIL’S AREA Matlaske Melton Constable Morston Mundesley Neatishead North Walsham Northrepps Overstrand Paston Plumstead Potter Heigham Pudding Norton Raynham Roughton Runton Ryburgh Salthouse Scottow Sculthorpe Sea Palling Sheringham Sidestrand Skeyton Sloley Smallburgh Southrepps Stalham Stibbard Stiffkey Stody Suffield Sustead Sutton Swafield Swanton Abbott Swanton Novers Tattersett Thornage Thorpe Market Thursford Trimingham Trunch Tunstead Upper Sheringham VALUATION BANDS A £ B £ C £ D £ E £ F £ G £ H £ 992.82 1,022.75 1,000.93 1,019.52 1,006.14 1,014.09 1,017.63 1,013.55 1,023.58 1,010.85 1,009.14 1,020.62 1,018.54 1,005.72 998.79 1,011.97 1,012.09 1,005.62 1,003.01 1,021.26 1,030.35 1,007.64 998.01 1,008.27 1,011.37 1,013.43 1,025.73 1,014.53 1,014.63 1,007.36 1,007.65 1,000.55 1,002.80 1,012.65 1,009.75 1,010.44 996.79 999.96 1,012.77 1,008.43 1,021.36 1,019.84 1,005.88 1,158.29 1,193.21 1,167.75 1,189.44 1,173.83 1,183.10 1,187.23 1,182.48 1,194.17 1,179.32 1,177.33 1,190.73 1,188.29 1,173.34 1,165.26 1,180.63 1,180.77 1,173.22 1,170.18 1,191.47 1,202.07 1,175.58 1,164.34 1,176.31 1,179.94 1,182.33 1,196.68 1,183.62 1,183.74 1,175.26 1,175.59 1,167.31 1,169.94 1,181.43 1,178.04 1,178.85 1,162.93 1,166.63 1,181.56 1,176.51 1,191.59 1,189.82 1,173.53 1,323.76 1,363.66 1,334.57 1,359.36 1,341.52 1,352.12 1,356.84 1,351.40 1,364.77 1,347.80 1,345.52 1,360.83 1,358.05 1,340.96 1,331.72 1,349.29 1,349.45 1,340.83 1,337.35 1,361.68 1,373.80 1,343.53 1,330.68 1,344.36 1,348.50 1,351.24 1,367.64 1,352.71 1,352.84 1,343.15 1,343.53 1,334.07 1,337.07 1,350.20 1,346.33 1,347.26 1,329.06 1,333.29 1,350.36 1,344.58 1,361.82 1,359.79 1,341.17 1,489.23 1,534.12 1,501.40 1,529.28 1,509.21 1,521.13 1,526.44 1,520.33 1,535.37 1,516.27 1,513.71 1,530.93 1,527.81 1,508.59 1,498.19 1,517.95 1,518.13 1,508.43 1,504.52 1,531.89 1,545.53 1,511.47 1,497.02 1,512.40 1,517.06 1,520.14 1,538.59 1,521.80 1,521.95 1,511.05 1,511.47 1,500.83 1,504.21 1,518.98 1,514.62 1,515.67 1,495.19 1,499.95 1,519.15 1,512.65 1,532.04 1,529.77 1,508.82 1,820.17 1,875.04 1,835.04 1,869.12 1,844.59 1,859.17 1,865.65 1,858.18 1,876.56 1,853.23 1,850.10 1,871.14 1,867.32 1,843.83 1,831.12 1,855.28 1,855.49 1,843.64 1,838.86 1,872.31 1,888.98 1,847.35 1,829.69 1,848.49 1,854.19 1,857.96 1,880.50 1,859.98 1,860.16 1,846.83 1,847.36 1,834.35 1,838.48 1,856.53 1,851.21 1,852.49 1,827.46 1,833.27 1,856.74 1,848.80 1,872.50 1,869.72 1,844.12 2,151.11 2,215.96 2,168.69 2,208.96 2,179.97 2,197.20 2,204.86 2,196.03 2,217.75 2,190.18 2,186.48 2,211.35 2,206.83 2,179.07 2,164.05 2,192.60 2,192.86 2,178.85 2,173.20 2,212.73 2,232.43 2,183.23 2,162.36 2,184.58 2,191.31 2,195.77 2,222.41 2,198.15 2,198.37 2,182.62 2,183.24 2,167.87 2,172.75 2,194.09 2,187.79 2,189.30 2,159.72 2,166.60 2,194.34 2,184.94 2,212.95 2,209.67 2,179.41 2,482.05 2,556.87 2,502.33 2,548.80 2,515.35 2,535.23 2,544.07 2,533.88 2,558.95 2,527.13 2,522.86 2,551.56 2,546.35 2,514.31 2,496.99 2,529.92 2,530.22 2,514.06 2,507.54 2,553.16 2,575.88 2,519.12 2,495.03 2,520.67 2,528.44 2,533.58 2,564.32 2,536.33 2,536.58 2,518.41 2,519.12 2,501.39 2,507.02 2,531.64 2,524.37 2,526.12 2,491.99 2,499.92 2,531.93 2,521.09 2,553.41 2,549.62 2,514.70 2,978.46 3,068.25 3,002.80 3,058.56 3,018.42 3,042.27 3,052.89 3,040.66 3,070.74 3,032.55 3,027.43 3,061.87 3,055.62 3,017.18 2,996.38 3,035.91 3,036.27 3,016.87 3,009.04 3,063.79 3,091.06 3,022.94 2,994.04 3,024.81 3,034.13 3,040.29 3,077.19 3,043.60 3,043.90 3,022.10 3,022.95 3,001.67 3,008.42 3,037.97 3,029.25 3,031.34 2,990.39 2,999.90 3,038.31 3,025.31 3,064.09 3,059.54 3,017.65 1,023.52 1,194.10 1,364.69 1,535.28 1,876.45 2,217.62 2,558.80 3,070.56 32 PART OF THE COUNCIL’S AREA VALUATION BANDS A £ Walcott Walsingham Warham Wells-next-theSea Weybourne Wickmere Wighton Witton Wiveton Wood Norton Worstead All Other Parts of the Council’s Area 4.10 B £ C £ D £ E £ F £ G £ H £ 1,011.24 1,179.78 1,348.32 1,516.86 1,853.95 2,191.03 2,528.11 3,033.73 1,013.91 1,182.90 1,351.88 1,520.87 1,858.84 2,196.81 2,534.79 3,041.75 1,035.46 1,208.04 1,380.62 1,553.20 1,898.36 2,243.51 2,588.67 3,106.40 1,029.75 1,031.44 1,026.90 1,010.28 994.95 1,024.64 1,005.84 1,007.89 1,201.37 1,203.35 1,198.05 1,178.66 1,160.78 1,195.41 1,173.48 1,175.87 1,373.00 1,375.26 1,369.21 1,347.04 1,326.61 1,366.19 1,341.12 1,343.86 1,544.62 1,547.17 1,540.36 1,515.42 1,492.43 1,536.96 1,508.76 1,511.84 1,887.88 1,890.99 1,882.66 1,852.18 1,824.09 1,878.51 1,844.04 1,847.80 2,231.13 2,234.80 2,224.96 2,188.94 2,155.74 2,220.06 2,179.32 2,183.77 2,574.38 2,578.62 2,567.27 2,525.71 2,487.39 2,561.61 2,514.61 2,519.74 3,089.25 3,094.34 3,080.72 3,030.85 2,984.87 3,073.93 3,017.53 3,023.68 989.82 1,154.79 1,319.76 1,484.73 1,814.67 2,144.61 2,474.55 2,969.46 Excessiveness Determination 4.10.1 The Council’s basic amount of council tax as calculated in paragraph 4.7 (f) above is the same as that calculated for 2012/13, and therefore within the 2.0% increase limit above which a referendum would be required. 4.10.2 The Council has determined that its relevant basic amount of Council Tax for 2013/14 is not excessive in accordance with principles approved under Section 52ZB Local Government Finance Act 1992. As the billing authority, the Council has not been notified by a major precepting authority that its relevant basic amount of Council Tax for 2013/14 is excessive and that the billing authority is not required to hold a referendum in accordance with Section 52ZK Local Government Finance Act 1992. 5. Financial Implications and Risks 5.1 The Council is required to set the Council Tax each year in accordance with the legislation set out above in this report. If this is not done, there is a risk that the council will be unable to bill in a timely manner with a consequential loss of revenue, and this may prevent the prudent management of the Council’s financial affairs. By maintaining the council tax at the same level as 2012/13, the Council will receive a council tax freeze grant of £57,616 payable in 2013/14 and 2014/15. 5.2 The overall budget for 2013/14 is balanced and delivers a surplus of £300,915 which has been transferred to the General Reserve. Section 3 of the report presents the Chief Financial Officers statement on the robustness of the estimates and the adequacy of reserves. This statement is informed by a number of risks that are facing the authority, in particular those detailed at 3.10. In the light of the increased financial risks that the Council is facing it is proposed that the level of the General Reserve is increased to £1.6 million. 33 6. Sustainability – None as a direct consequence of this report. 7. Equality and Diversity 7.1 The Council is legally required to consider the equality duty in its decision-making and this includes the budget process. As part of any savings or investments the Council must consider how it can: • • • Eliminate unlawful discrimination, harassment and victimisation; Advance equality of opportunity between different groups; and Foster good relations between different groups by tackling prejudice and promoting understanding. 7.2 As part of the 2013/14 budget process savings papers were issued during October, Heads of Service and Senior Managers were asked to explore service savings and options for additional income. As part of the proposals Heads of Service were asked to identify any equality issues affecting a number of protected groups that needed to be considered as part of accepting the savings/additional income proposals, and where any negative affect was identified, how this could be minimised or removed. A cumulative assessment has been undertaken in relation to the equality forms and the savings proposals and no negative impact has been highlighted as a result of this exercise. 7.3 It is not considered that the budget presented for 2013/14 will have any significant impact on equality and diversity issues. 8. Section 17 Crime and Disorder considerations – None as a direct consequence of the report. 34 Appendix A General Fund Summary 2013/14 Base Budget - Full Council 27/02/13 2013/14 Base Budget £ 2,325,691 558,987 313,906 4,384,526 934,948 4,226,832 2,783,143 316,703 (23,000) 2014/15 Projection £ 2,168,811 561,717 441,279 3,214,221 938,807 4,182,977 2,819,952 317,763 (46,000) 2015/16 Projection £ 2,175,345 562,727 675,305 2,918,676 912,803 4,062,064 2,873,367 409,651 (46,000) 2016/17 Projection £ 2,164,433 559,987 668,146 2,379,446 906,206 4,064,786 2,913,498 318,751 (46,000) Net Cost of Services 15,821,736 14,599,527 14,543,938 13,929,253 Parish Precepts (Estimate from 13/14 onwards) Capital Charges LCTS - Grants to Parishes Reffcus Interest Receivable Revenue Financing for Capital IAS 19 Pension Adjustment 1,429,824 (2,292,529) 191,702 (2,511,401) (392,490) 400,000 266,577 1,429,824 (2,445,397) 142,000 (650,000) (382,401) 0 266,577 1,429,824 (2,197,010) 124,000 (427,578) (379,223) 0 266,577 1,429,824 (2,007,145) 108,000 0 (374,045) 0 266,577 Net Operating Expenditure 12,913,419 12,960,130 13,360,528 13,352,464 Contributions to/(from) Earmarked Reserves: Contribution from Capital Projects Reserve (VAT Shelter) Contribution to Capital Projects Reserve (VAT Shelter) Big Society Fund Carbon Management Elections Housing New Homes Bonus Reserve Pathfinder Planning Revenue Restructuring/Invest to save The Pier Whistleblowing Contribution to general rsv (Reallocation) Smoothing - Use of General Reserve Contribution to Reserves - Surplus (400,000) 390,551 169,735 (21,180) 30,000 (142,000) 628,496 (68,358) (43,304) (31,500) (15,000) (10,000) 188,180 (200,000) 300,915 0 255,600 0 0 30,000 0 666,458 (36,813) (8,000) 0 0 0 0 (200,000) 0 0 0 0 0 (60,000) 0 705,536 (28,426) 0 0 0 0 0 (200,000) 0 0 0 0 0 30,000 0 705,536 (18,126) 0 0 0 0 0 0 0 Amount to be met from Government Grant and Local Taxpayers 13,689,954 13,667,375 13,777,638 14,069,874 Collection Fund – Parishes Collection Fund – District Retained Business Rates Revenue Support Grant Formula Funding LCTS Transitional funding Efficiency Support for Services in sparse areas Council Tax Freeze (2013/14) (1,429,824) (5,082,610) (2,817,506) (4,235,114) 0 (22,740) (44,544) (57,616) (1,429,824) (5,112,600) (2,903,922) (3,246,614) 0 0 0 (57,616) (1,429,824) (5,137,600) 0 0 (5,658,493) 0 0 0 (1,429,824) (5,162,600) 0 0 (5,205,814) 0 0 0 (13,689,954) (12,750,576) (12,225,917) (11,798,238) 0 916,799 1,551,721 2,271,637 Service Area Assets & Leisure Corporate Leadership Team/Corporate Customer Services Community & Economic Development Development Management Environmental Health Finance Organisational Development Management Structures Income from Government Grant and Taxpayers (Surplus)/Deficit 35 Appendix B Policy Framework for the Earmarked Reserves and Assessing the Optimum Level of the General Reserve for the period 2013/14 to 2016/17 1 Background 1.1 In accordance with statute (principally the Local Government Finance Act 2002) and following the Guidance Note on Local Authority Reserves and Balances (LAAP Bulletin No. 77 – November 2008), North Norfolk District Council maintains a range of reserves. 1.2 Two types of reserves are discussed in this policy framework: • Earmarked Reserves • The General Reserve 1.3 There are also a number of other reserves which local authorities hold in relation to legislation and proper accounting practices, these are not resource-backed reserves and therefore are not considered as part of this policy framework. 1.4 Sections 31 (a) and 43 of the Local Government Finance Act 1992 require billing and precepting authorities to have regard to the level of reserves needed for meeting estimated future expenditure when calculating the council tax requirement. 1.5 This Policy framework has been informed by both the LAAP Bulletin No. 77 and the Audit Commissions report published in December 2012 ‘Striking a Balance’ Improving Councils’ Decision Making on Reserves’. 2 Earmarked Reserves 2.1 Purpose 2.1.1 Earmarked reserves are a means of building up funds to meet known or predicted liabilities. 2.1.2 Typically earmarked reserves are used to set aside sums for major schemes, such as capital developments or asset purchases, or to fund major reorganisations. Reserves can also be held for trading and business units built up from surpluses to cover potential losses in future years, or to finance capital expenditure. In certain circumstances, if expenditure is delayed on specific budgets, it may be agreed that the underspending at a year end is carried forward for future use in an earmarked reserve. 2.2 Earmarked Reserves Protocol 2.2.1 For each reserve the following arrangements have been established: • the reasons for / purpose of the reserve • how and when the reserve can be used • procedures for the reserve’s management and control • a process and timetable for review of the reserve to ensure continuing relevance and adequacy. 2.2.2 In North Norfolk, the establishment and use of earmarked reserves is reviewed at the time of budget setting and then controlled through the year as part of the regular budget monitoring processes. Reserves Policy Framework, February 2013 36 Appendix B 2.3 Review of Earmarked Reserves 2.3.1 The Reserves Statement in Appendix D gives full details of the earmarked reserves. Each earmarked reserve has been assessed by the Chief Financial Officer whose judgement is that they are properly established in accordance with the protocol and that their level and proposed use is appropriate. 2.3.2 It is considered that sufficient provision for the Council’s capital programme (as recommended) has been included in the capital estimates and capital reserves, and that nothing further is required. 3 The General Reserve 3.1 Purpose 3.1.1 The general reserve is held for two main purposes: • a working balance to help cushion the impact of uneven cashflows and avoid temporary borrowing; • a contingency to help cushion the impact of unexpected events or emergencies 3.2 The Optimum Level of the General Reserve 3.2.1 There are two recommended approaches for deciding the optimum level of the general reserve: a) A risk assessment of the budget which takes full account of the context within which the budget has been prepared. The budget report itself provides this contextual information. b) To set the reserve at a percentage of expenditure. Too low a level puts the council at unacceptable risk of failing to meet its obligations, too high a level unnecessarily ties up resources. 3.2.2 This appendix sets out the framework for considering a risk assessment approach and validating the result against a percentage calculation. At the end of the day, the level of reserves is a matter of opinion informed by the judgement of the Council’s Chief Financial Officer. 3.3 Assessment Framework 3.3.1 The issues to be considered include the following: The Council continues to operate on an ongoing basis. The robustness of the budget process including recognition of the linkages with the corporate plan, the strategic risk register and the financial plan update. The adequacy of the earmarked reserves and the movements on the general reserves both in the past and planned. The extent to which efficiency savings and planned service reductions are required and can be relied upon to support corporate plan targets. The risk of major litigation and legal claims, both currently and in the future. The impact of future Government funding reductions. From April 2013 there are significant changes to the financial arrangements covering Council Tax benefits and Business Rates income. As well as the continued reductions in central government financial support to local authorities the new arrangements shift the burden of financial risk from Central to Local Reserves Policy Framework, February 2013 37 Appendix B Government. In addition the further grant reduction for 2014/15 is provisionally assessed to be £903k. Uncertainty around some income streams and grants, for example planning and building control fee income, land charges, car parking and investment income. Unplanned volume increases in major demand led budgets, particularly in the context of the current economic climate for example housing benefits, council tax support and homelessness. The need to retain a general contingency to provide for any unforeseen circumstances that may arise including inadequately funded Government initiatives. The Government’s Bellwin scheme does provide financial assistance to local authorities in the event of an emergency. However, assistance is only available above a threshold, is normally limited to 85% of eligible costs and relates to events that are exceptional resulting in damage to local authority infrastructure or local communities. In the short term all costs have to be met pending Government reimbursement. The implications of the Local Government Finance Act 2012 in relation to the implementation of the new business rates retention system and the localisation of council tax support, which will be implemented from April 2013/14. The move in local authorities to do less by direct service provision (either through the Localism Agenda or through third parties, including outsourcing) is increasing the risks borne by authorities. There is a risk that these arrangements fail and there are many circumstances when a statutory liability remains with the local authority. Such risks may not be insurable at an economic level and demand rigorous risk minimisation strategies and this is an area that will be considered in more detail if the Council pursues these arrangements in future years. The need to retain reserves for general day to day cash flow needs. 3.3.2 All these issues interlink and any one incident is likely to span across many of the issues. Risks change over time and the general reserve needs to be considered across the four budget/projection years. What might be an adequate level of reserves in year one could be inadequate in years two to four. 3.4 The Assessment of the General Fund Reserve 3.4.1 When undertaking the assessment it must be remembered that the items considered are merely guides to assessing the overall level of the reserve. In no way is it a budget for any of the items being created since by its nature a general reserve is designed to protect against the unexpected and unquantifiable for whatever reason. 3.4.2 Having considered the relevant risks and the mitigation measures already in place, it is felt that the following indicative items should be taken into account in the budget risk assessment: Item 1 Pay and Price Inflation (0.5% above budget assumption) 2 Interest Rates (0.25% below budget prediction on non-fixed investments) 3 Failure to Achieve Planned Savings and Cost Pressures from Corporate Plan Targets (to ensure core services are maintained) 2013/14 56,500 2014/15 56,500 2015/16 56,500 2016/17 56,500 45,000 45,000 45,000 45,000 56,396 61,935 62,535 62,535 Reserves Policy Framework, February 2013 38 Appendix B Item 4 Major Litigation and Legal Claims (to provide additional comfort above earmarked reserves) 5 Emergencies and Other Unknowns (to recognise the risks associated with unpredictable events) 6 Treatment of Demand Led Pressures (recognising the impact of increase or reduction in demand and compensating increase or reduction in expenditure or income) 7 Cash Flow (it is felt that in relation to the new statutory obligations in paying set amounts to the major preceptors and central government as part of the new funding arrangements, an amount needs to be included for the impact on the short term cash flow needs) 8 Future Funding Fluctuations (due to the changes in the future funding regime an allowance should be made within the general reserve to mitigate the impact within and between financial years) Total Indicated General Fund Reserve Recommended % of Net Budgeted Operating Expenditure (excluding parish precepts) Budgeted General Fund Reserve (at year-end, after taking account of planned use) % of Net Budgeted Operating Expenditure (excluding parish precepts) 2013/14 335,000 2014/15 300,000 2015/16 300,000 2016/17 300,000 300,000 300,000 300,000 300,000 150,000 150,000 150,000 150,000 100,000 100,000 100,000 100,000 590,000 590,000 590,000 590,000 1,632,896 1,603,435 1,604,035 1,604,035 14.2% 13.9% 13.4% 13.5% 1,672,491 1,672,491 1,672,491 1,672,491 14.6% 14.5% 14.0% 14.0% 4 Chief Financial Officer’s Opinion 4.1 The Earmarked Reserves detailed in Appendix C are proper and appropriate with regard to purpose, level and proposed use. 4.2 Based on the assessment detailed above it is recommended that the level of the general reserve should be set at £1.6 million. The budgeted General Fund Reserve shown in Appendix C is considered adequate for the period 2013/14 to 2016/17; however the level of the general reserve should be reviewed during the year as part of the financial planning process taking into account where applicable items identified within the assessment framework at 3.3. Reserves Policy Framework, February 2013 39 Appendix C Reserves Statement - 2013/14 Base Budget Reserve Purpose and Use of Reserve Balance at 1/4/2012 £ General Fund General Reserve A working balance and contingency, current recommended balance is £950,000. This also includes the rellocation of a number of previously earmarked reserves to be used over the next three years. Budgeted Budgeted Revised Budget Balance at Balance at 2012/13 2013/14 2014/15 31/3/2013 1/4/2014 Movement Movement Movement £ £ £ 2,049,920 (266,524) 1,783,396 (486,940) 1,332,529 £ £ 289,095 2,072,491 (200,000) Balance at 1/4/2015 Budgeted 2015/16 Movement Balance at 1/4/2016 £ £ £ Budgeted Balance at Movement 1/4/2017 2016/17 £ £ 1,872,491 (200,000) 1,672,491 0 1,672,491 255,600 1,578,680 0 1,578,680 0 1,578,680 Earmarked Reserves: Capital Projects To provide funding for capital developments and purchase of major assets. This includes the VAT Shelter Receipt. 1,819,469 Asset Management To support improvements to our existing assets as identified through the Asset Management Plan. 26,669 (15,000) 11,669 0 11,669 0 11,669 0 11,669 0 11,669 Benefits To be used to mitigate any claw back by the Department of Works and Pensions following final subsidy determination. Timing of the use will depend on audited subsidy claims. 640,242 (99,100) 541,142 0 541,142 0 541,142 0 541,142 0 541,142 Big Society Fund To support projects that communities identify where they will make a difference to the economic and social wellbeing of the area. Funded by a proportion of NCC element of second homes council tax. Annual contributions to and from the reserve will be determined as part of the budget process. 0 639,625 639,625 169,735 809,360 0 809,360 0 809,360 0 809,360 Carbon Management To fund revenue invest to save initiatives and projects within the Carbon Management Plan. 21,180 0 21,180 (21,180) 0 0 0 0 0 0 0 Coast Protection To support the ongoing coast protection maintenance programme. 208,000 (208,000) 0 0 0 0 0 0 0 0 0 Common Training To deliver the corporate training programme. Training and development programmes are sometimes not completed in the year but are committed and therefore funding is carried forward in an earmarked reserve. 32,000 (4,000) 28,000 0 28,000 0 28,000 0 28,000 0 28,000 Economic Development and Tourism Earmarked from previous underspends on Economic Development and Tourism Budgets along with funding earmarked for Learning for Everyone. 55,072 (26,233) 28,839 0 28,839 0 28,839 0 28,839 0 28,839 Election Reserve Established to meet costs associated with district council elections, to smooth the impact between financial years. 1,500 28,500 30,000 30,000 60,000 30,000 90,000 (60,000) 30,000 30,000 60,000 Environmental Policy Earmarking of a previous underspend to meet future costs of environmental policy initiatives. 20,090 (20,090) 0 0 0 0 0 0 0 0 0 40 (9,449) 1,323,080 Appendix C Reserves Statement - 2013/14 Base Budget Reserve Purpose and Use of Reserve Balance at 1/4/2012 £ Housing Previously earmarked for stock condition survey and housing needs assessment. Treasury (Property) Property Investment (Treasury) Reserve Land Charges To Mitigate the impact of potential income reductions. Legal & Democratic One off funding for Compulsory Purchase Order (CPO) work and to undertake a review of the Constitution. Services Budgeted Budgeted Revised Budget Balance at Balance at 2012/13 2013/14 2014/15 31/3/2013 1/4/2014 Movement Movement Movement £ £ £ £ 242,000 (142,000) £ 100,000 0 Balance at 1/4/2015 Budgeted 2015/16 Movement Balance at 1/4/2016 £ £ £ 242,000 0 100,000 116,068 (84,494) 31,574 0 31,574 31,574 50,356 (1,380) 48,976 0 48,976 48,976 46,599 (3,506) 43,093 0 43,093 0 0 Budgeted Balance at Movement 1/4/2017 2016/17 £ £ 100,000 0 100,000 31,574 0 31,574 0 48,976 0 48,976 43,093 0 43,093 0 43,093 Local Strategic Partnership Earmarked underspends on the LSP for outstanding commitments and liabilities. 671,958 (615,230) 56,728 0 56,728 0 56,728 0 56,728 0 56,728 LSVT Reserve To meet the cost of successful warranty claims not covered by bonds and insurance following the housing stock transfer. 435,000 0 435,000 0 435,000 0 435,000 0 435,000 0 435,000 New Homes Bonus Established for supporting communities with future growth and development. 0 611,678 611,678 628,496 1,240,174 666,458 1,906,632 705,536 2,612,168 Organisational Development To provide funding for organisation development to create capacity within the organisation and address anomalies within the pay structure. 494,488 (394,911) 99,577 0 99,577 0 99,577 0 99,577 0 99,577 196,036 (196,036) 0 0 0 0 0 0 404,000 (198,175) 205,825 (68,358) 137,467 (36,813) 100,654 (28,426) 72,228 (18,126) 54,102 110,835 (56,196) 54,639 (43,304) 11,335 (8,000) 3,335 0 3,335 0 3,335 37,837 0 37,837 0 37,837 37,837 0 37,837 468,216 9,872 478,088 (31,500) 446,588 446,588 0 446,588 705,536 3,317,704 This reflects the balance of Funding as at 31/03/12 on the Partnership Budgets Revenues and Benefits Partnership project. This will be 0 utilised in 2012/13 Pathfinder To help Coastal Communities adapt to coastal changes. Previously unspent HPDG for use on related revenue Planning - Revenue projects, timing to be confirmed. Regeneration Projects Carry forward of underspends relating to Regeneration Projects. Restructuring & Invest to Save Proposals To fund one-off redundancy and pension strain costs and invest to save initiatives. Transfers from this reserve will be allocated against savings proposals as business cases are approved. Timing of the use of this resrve will depend on when business cases are approved. 41 37,837 0 446,588 0 Appendix C Reserves Statement - 2013/14 Base Budget Reserve Purpose and Use of Reserve Balance at 1/4/2012 Budgeted Budgeted Revised Budget Balance at Balance at 2012/13 2013/14 2014/15 31/3/2013 1/4/2014 Movement Movement Movement £ £ Sports Hall To support renewals for sports hall equipment. Amount Equipment & Sports transferred in the year represents over or under achievement of income target. Facilities 23,339 (6,500) 16,839 0 16,839 The pier To be used to support the costs of works to Cromer pier. 15,000 0 15,000 (15,000) 0 Whistle blowing Commissioning investigation activity as required. 10,000 0 10,000 (10,000) 0 776,535 7,579,769 Total Reserves 8,195,874 £ £ (1,392,640) 6,803,234 42 £ £ 0 Balance at 1/4/2015 Budgeted 2015/16 Movement Balance at 1/4/2016 £ £ £ Budgeted Balance at Movement 1/4/2017 2016/17 £ £ 16,839 0 16,839 0 16,839 0 0 0 0 0 0 0 0 0 0 0 707,245 8,287,014 417,110 8,704,124 717,410 9,421,534 Agenda Item No____11________ DRAFT PROGRAMME OF MEETINGS 2013 - 2014 Summary: A draft Programme of Meetings for 2013/14 has been prepared and circulated for consultation and is attached at Appendix D. Conclusions: Recommendations: That Members adopt the Programme of Meetings for 2013 - 2014 Cabinet member(s): Ward(s) affected: Mr T FitzPatrick All Contact Officer, telephone number, and e-mail: Alison Argent, Tel: 01263 516058, Email: alison.argent@north-norfolk.gov.uk 1. Preparation of a Programme of Meetings for 2013/14 1.1 A draft programme of meetings for 2013/14 has been prepared and circulated for consultation. The following issues should also be noted: a) It has been assumed that, with the exception of Joint Staff Consultative Committee, the times of the meetings will be as they are currently, so all meetings will be held in the day, with the exception of Full Council. b) Most standing committees meet on set cycles and this has been kept to as closely as possible within this Programme. However, some variations have been made to avoid clashes with other meetings and, where possible, August and halfterms have been kept free from meetings, particularly of Council, Cabinet and Overview and Scrutiny Committee. c) In response to Members and the Task and Finish Group, Meetings of Overview and Scrutiny Committee and Full Council have been scheduled so that there is a gap of at least one week between them, with the exception of the meetings in May. 43 2. d) The Judicial Board has been removed from the Programme due to a lack of business. e) The Planning Policy and Built Heritage Working Party meetings have been scheduled to meet every other month instead of every month. Financial Implications and Risks to the Council If we did not have an agreed schedule of meetings, the Council would not be able to adequately carry out its business which would have wide-ranging financial implications and make it difficult to plan and agree a budget. An agreed programme of meetings is essential to the management of the Council’s business to ensure that it is carried out in a timely manner in accordance with legislation. Failure to do so could result in financial penalty and litigation. Furthermore if the programme of meetings was not published in the public domain the Council would not be complying with legislation and would be open to challenge. 3. Equality and Diversity The process of preparing the programme of meetings has included reference to the Multi-faith calendar. The times of the meetings reflects the preference of the majority of Members in the current Council. 44 Appendix D DRAFT PROGRAMME OF MEETINGS 2013/2014 DRAFT MEETING FULL COUNCIL CABINET DAY Wed Mon TIME 18.00 10.00 MAY 22 13 JUN 10 JUL 24 8 2013 AUG SEPT 18 2 OCT 23 7 NOV 4 DEC 18 2 JAN 7 2014 FEB MAR 26 3 3 APR 30 14 (Tues) OVERVIEW AND SCRUTINY COMMITTEE DEVELOPMENT COMMITTEE Wed 9.30 Thurs 9.30 DEVELOPMENT COMMITTEE (RESERVE) Site Meetings** Site Meetings (Reserve)** AUDIT COMMITTEE LICENSING AND APPEALS COMMITTEE Thurs 9.30 21 19 17 11 16 13 11 15 12 12 23 9 6 4 1/29 26 24 21 19 23 20 20 17 23 20 18 15 12 10 7 5 9 6 6 3 2/30 16 28 13 18 25 11 22 8 19 5 17 16 17 3/31 14 28 12 16 2/30 13 27 13 27 17 10 10 24 25 26 (Tues) Thurs Thurs Tues 14.00 Mon 10.00 8 22 10 11 13 (Weds) LICENSING SUB-COMMITTEES Weds 5 3/31 28 25 22 20 (Tues) STANDARDS COMMITTEE STANDARDS COMMITTEE (RESERVE) General reserve days (for possible extra meetings) Members’ Training, Development and Support Group** Coastal Issues Forum** Planning Policy and Built Heritage Working Party Joint Staff Consultative Committee* Tues Tues 14.00 14 10/15 Tues 11.00 14 Tues Mon 10.00 10.00 7 20 Mon 14.30 9 11 3/25 10/23 10 6 7/21 6/24 5 8 9/25 20 6/26 22 (Tues) 14 10 6/13 8 13 23 12 18 17 16 9 25 (Fri) (Tues) Notes:Committees marked * are occasional Committees and will not meet unless express notification is given. Meetings marked ** are not formal meetings and are recorded here for convenience. 29 (Tues) 11 11 5/14 19 15 45 17 (Tues) 5/18 8 2/25 4 4 20 24 10 28 Agenda Item No_____12_______ DUNTON PARISH COUNCIL – REQUEST FOR DISSOLUTION Summary: The report considers a request from Dunton Parish Council for its own dissolution. Conclusions: That Full Council should consider the request. Recommendations: Cabinet Member(s) Ward(s) affected Becky Palmer The Raynhams Contact Officer, telephone number and email: Emma Duncan, 01263 516045, emma.duncan@north-norfolk.gov.uk 1. BACKGROUND INFORMATION 1.1 Dunton Parish lies within the Raynhams’ ward on the western border of the District Council’s area. The current electorate (January 2013) is 94. 1.2 Dunton Parish Council has 7 Members and currently meets approximately 4 times per year, the last election being held in May 2011. 1.3 Dunton has no assets. 1.4 Dunton precepted £400 in 2011/12 and nil in 2012/2013. 1.5 At the full parish review carried out by the District Council and completed in 2006, the future of Dunton Parish was considered but no changes were made at that time. Request for Dissolution and Consultation 1.6 The Parish Council have contacted the Council asking for the Parish Council to be dissolved as the Parish Council felt that since they had no assets and their meetings were poorly attended that there was little purpose in continuing. 1.7 Advice was given to the Parish Council that consultation needed to be undertaken with residents before the District Council would consider exercising its powers to dissolve the Parish Council. 1.8 The Parish Council subsequently wrote to all households in Dunton during April/May 2012 outlining the proposal to dissolve the Parish Council and replace it with a Parish meeting. Out of 46 households, 41 indicated their view that the Parish Council should be dissolved. 46 1.9 At the Annual Parish Meeting on 24 May 2012 a vote was taken on a show of hands as follows; “At this Annual Parish Meeting of Dunton Parish Council requests North Norfolk District Council to undertake the proper exercise to determine if this Parish Council may be dissolved and the authority of a Parish Meeting without a Parish Council applied to this Parish”. 1.10 26 people attended the meeting, 19 voting in favour of the proposition, 4 against and 2 abstaining. Following this meeting the District Council undertook a further consultation exercise at the request of the Parish Council. The District Council wrote to 92 parishioners and received 39 responses. 29 were in favour of dissolving the Parish Council, 8 were opposed and 2 parishioners had no view either way. Legal Position 1.11 Section 10 of the Local Government Act 1972 (LGA 1972) allows the Council to dissolve parish councils in parishes with less than 150 electors at the request of the parish meeting. Parish governance would then be exercised by the parish meeting. 1.12 The 1972 Act requires all parishes, whether or not they have a parish council, to have at least one annual parish meeting consisting of all the local government electors for the parish. Where there is no parish council, a parish meeting must be held at least twice a year to discuss parish affairs. 1.13 The chairman of the parish meeting and the proper office of the District Council become Parish Trustees and act in accordance with the directions of the parish meeting (Section 13 of the 1972 Act). 1.14 Thurning (52 electors) and Westwick (65 electors) are currently the only Parishes without a Parish Council in the Council’s area. Statutory Guidance 1.15 There is no statutory guidance available to the Section 10 of the LGA 1972, however, there is statutory guidance issued by the Department for Communities and Local Government on undertaking Community Governance Reviews in relation to the exercise of the District Council’s powers to create and make changes to parishes under the Local Government and Public Involvement in Health Act 2007. This provides useful pointers to the factors to be taken into account when considering changes to parish arrangements. 1.16 The guidance reiterates that community governance should reflect the identities and interests of the community and be effective and convenient. The factors to be taken into account should include the impact of governance arrangements on community cohesion and the size, population and boundaries of the parish. 47 1.10 The guidance also points out that where new parishes are being created following a Community Governance Review, the statutory minimum size of a parish to have a parish council is now 150 electors. (Previously a district council could agree to the creation of parish councils in parishes of this size.) So, although existing parishes having a parish council but fewer than 150 electors can continue to have a parish council, Dunton would no longer meet the criteria to have its own parish council if it were being created under the new statutory provisions. Financial Comments 1.17 Dunton does levy a precept, its expenses, as described above, were relatively modest. The most recent precept was levied in 2011/2012 was £400. 1.18 The parish meeting, assuming that this means the governance is agreed, will still retain the power to levy a precept. The parish will, therefore, have to ensure that if it wishes to do so, that it makes arrangements to hold one of its meetings at a time that will dovetail with the District’s own budget setting process. 2. RECOMMENDATIONS That Members consider whether an Order be made under Section 10 of the Local Government Act 1972 to dissolve Dunton Parish Council and transfer all assets of the Parish Council to the Parish meeting. 48 Agenda Item No____13________ Pay Policy Statement 2013/14 Summary: Section 38 of the Localism Act 2011 (“the Act”) requires the Council to produce an annual pay policy statement (“the statement”) for the start of each financial year. The attached statement is drawn up in compliance with the Act to cover the period 2013/14. It is a legal requirement that Full Council formally signs off this statement and the responsibility cannot be devolved to any other person or committee. Conclusions: The attached statement sets out current remuneration arrangements and is not a change to existing policy/practices. Recommendations: To adopt the attached Pay Policy Statement and to publish the statement for 2013/14 on the Council’s website. Cabinet Member(s) Ward(s) affected Councillor Tom FitzPatrick All Contact Officer, telephone number and email: 1. Introduction 1.1 Section 38 (1) of the Localism Act 2011 (“the Act”) requires English and Welsh local authorities to produce a pay policy statement (“the statement”) for each financial year. The first statement went to Full Council on 22 February 2012 to cover the period 2012/13. 2. The Statement 2.1 The statement must set out: • • • • A local authority’s policy on the level and elements of remuneration for each chief officer A local authority’s policy on the remuneration of its lowest-paid employees (together with its definition of “lowest-paid employees” and its reasons for adopting that definition) A local authority’s policy on the relationship between the remuneration of its chief officers and other officers A local authority’s policy on other specific aspects of chief officers’ remuneration: remuneration on recruitment, increases and additions to remuneration, use of performance related pay and bonuses, termination payments, and transparency. 49 2.2 With regard to the process for approving the statement, it must:• • • • 2.3 Be approved formally by Full Council and cannot be delegated to any sub committee. This includes any amendments in each financial year Be approved by the end of March each year Be published on the authority’s website and in any other manner that the Council thinks appropriate as soon as it is reasonably practicable after it is approved or amended Be complied with when the authority sets the terms and conditions for a Chief Officer For the purpose of the statement the term ‘Chief Officer’ in a local authority context is defined as set out in the Local Government and Housing Act 1989 as: • • • • The Head of Paid Service (Chief Executive) The Monitoring Officer A statutory Chief Officer and non statutory Chief Officer (section 2 of that Act) A deputy Chief Officer (section 2 of that Act) 2.4 This definition of Chief Officer is wider than that contained within the Constitution where the term ‘chief officer’ indicates the senior posts which sit on Corporate LeadershipTeam i.e. the Chief Executive and Directors. 3 Conclusion 3.1 The statement meets the statutory requirements of the Localism Act and it is therefore recommended that the statement be approved. 4 Financial Implications and Risks 4.1 There are no increased risks or resource implications as a result of setting and publishing this statement. The report and the statement outline current arrangements. This statement builds on the publication of senior officer salary information which is already available on the website at http://www.northnorfolk.org/council/8105.asp 5 Equality and Diversity 5.1 The Equality act 2010 places requirements upon all public sector bodies to ensure that its policies and procedures promote equality, this document supports that requirement. 50 Appendix E PAY POLICY STATEMENT 2013/14 Context This policy statement has been produced in accordance with Sections 38 to 43 of the Localism Act 2011 (“the Act”), which, from 2012 onwards, requires all local authorities to publish an annual statement of their policy for the relevant financial year in relation to: • • • • • • The remuneration of their most senior employees (which the Act defines as the Head of Paid Service (Chief Executive), the Monitoring Officer, the Chief Officers (or Directors), and the Deputy Chief Officers (i.e. managers who report directly to a Chief Officer)); The remuneration of their lowest-paid employees; and The relationship between the remuneration of their most senior employees and that of other employees. The Secretary of State has produced guidance on the provisions in the Act relating to transparency and accountability in local pay, which local authorities must have regard to in preparing and approving their annual pay policy statements. This Pay Policy Statement takes full account of this guidance as well as the provisions of the Act. Additionally it takes account of: • • • The Code of Recommended Practice for Local Authorities on Data Transparency, issued by the Department for Communities and Local Government in September 2011 Guidance issued by the Joint National Council (JNC) for Local Authority Chief Executives on pay policy statements which was published in November 2011 Employment and equalities legislation which impacts on local authority employers The policy statement also refers to information which the Council already publishes under other legislation: • • • Information on the level of remuneration paid to senior managers, as required by The Accounts and Audit (Amendment No. 2) (England) Regulations 2009 Policies on the exercise of its discretions over payments upon termination of employment under the Local Government Pension Scheme, as required by Regulation 66 of the Local Government Pension Scheme (Administration) Regulations 2008 Policies on the exercise of its discretions over payments upon termination of employment under the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006, as required by Regulation 7 of those regulations. 51 Appendix E This Pay Policy Statement must be reviewed on an annual basis and a new version of the policy will be submitted to Full Council for approval by 31 March immediately preceding the financial year to which it relates. The pay policy statement can also be amended during the course of the financial year, but only by a resolution of the Full Council. If it is amended during the year to which it relates, the revised version of the statement must be published as soon as possible after the amendment is approved by Full Council. This policy statement was considered by Full Council on 27 February 2013. It is available on the Council’s website. The Council’s website also includes separately published data on salary information relating to Senior Officers and this can be viewed at http://www.northnorfolk.org/council/8105.asp For the purpose of the pay policy statement the term ‘Chief Officer’ in a local authority context is defined as set out in the Local Government and Housing Act 1989: a) b) c) d) The Head of Paid Service (i.e. the Chief Executive) as designated under section 4 of that Act; The Monitoring Officer designated under section 5(1) of that Act; A statutory Chief Officer and non statutory Chief Officer under section 2 of that Act; A deputy Chief Officer mentioned in section 2 of that Act. Remunerating Chief Officers/Senior Management The remuneration for Chief Officers/Senior Management within the Council can be found at Appendix A. The Monitoring Officer service is contracted through Norfolk County Council and as such, the Council does not directly remunerate the Monitoring Officer. Remunerating the Lowest Paid in the Workforce The Council applies terms and conditions of employment that have been negotiated and agreed through appropriate collective bargaining mechanisms (national or local) or as a consequence of Council decisions, these are then incorporated into contracts of employment. The lowest pay point in use by the Council for employees is spinal column point (SCP) 4. This relates to an annual salary of £12,145 (full time equivalent (FTE) and can be expressed as an hourly rate of pay of £6.2951 as at 31 March 2013. Employees on this pay point are defined as our lowest paid employees. This pay point and salary were determined by the National Joint Council (NJC) on 1 April 2009 and there has been no annual pay award to any group of staff since that time. The Relationship between Chief Officer Remuneration and that of other employees The highest paid salary in the Council is that of the Chief Executive at £99,771 as at 31 March 2013. The median for Chief Officers is £50,818 and for non-Chief Officers is £19,125. This gives a ratio of 1:2.657. The Council does not have a policy on maintaining, reaching or applying a specific pay multiple. However the Council is conscious that remuneration at all levels needs to be adequate to secure and retain high-quality employees but not be seen as excessive. 52 Appendix E Other Aspects of Chief Officer Remuneration Other aspects of Chief Officer remuneration are appropriate to be covered by this policy statement, these other aspects are defined as remuneration on recruitment, pay increases, additions to pay, performance related pay, earn back, enhancements of pension entitlements and termination payments. These elements are shown in Appendix A and B. Review The Localism Act 2011 requires relevant authorities to prepare a Pay Policy Statement for each subsequent financial year. The next statement will be submitted to Full Council for approval by 31 March 2014. As necessary, the Council may by resolution amend the pay policy statement at times other than that of the prescribed annual statement. 53 Appendix E Post Chief Executive Basic Salary Range (as @ 31 March 2013) £99,771 pa Expenses / car allowances Travel and other expenses are reimbursed through normal Council procedures. Car allowances are paid in accordance with the rates set out in Council’s Travel Policy (see Appendix C) Bonuses / PRP / Earn Back The current terms and conditions of employment does not provide for any of the above elements Honoraria Acting Up / Honoraria and acting up payments for any increased duties and responsibilities do not apply Market/Salary Supplements Election Fees Severance Arrangements A salary/market supplement has not been applied to this post As the Returning Officer, the Chief Executive will receive a fee, locally in respect of County, District and Parish Elections. The fee for undertaking this role in Norfolk is determined by an independent panel made up of the Chairs of Norfolk Local Authority Member Remuneration Panels. Fees for conducting Parliamentary and European Parliamentary Elections, National Referendums and other Elections such as for the Police and Crime Commissioner. etc. are determined by Government. The Returning Officer is a separate appointment and therefore not factored into the salary range shown. The Council’s normal policies regarding redundancy and early/flexible retirement apply to the postholder The fees will be published on the Council’s website (once agreed) As above (where applicable) As above Corporate Directors x 2 Head of Finance/s151 Officer £77,307 pa As above As above As above As above £52,806 pa As above As above £4464 pa (s151 responsibilities) As above (where applicable) As above Head of Service x7 £42,494 £52,806 pa As above As above Could be applied where appropriate on authorisation of Corporate Leadership Team Could be applied where appropriate on authorisation of Corporate Leadership Team Could be applied where appropriate on authorisation of Corporate Leadership Team As above (where applicable) As above - 54 Appendix E Appendix B Aspect of Chief Officer Remuneration Recruitment Council Policy The post will be advertised and appointed to at the appropriate approved salary for the post in question and individuals will be placed on the appropriate SCP within the pay grade for the post that they are appointed to. Employees will receive an annual increment (and in some cases, 6 months after starting work with the Council), subject to the top of their grade not being exceeded. Where the Council is unable to recruit to a post at its designated grade, it will consider the use of temporary market supplements. Access to appropriate elements of the Council’s relocation Scheme may also be granted in certain circumstances, when new starters move to the area. Pay Increases Additions to Pay Professional Subscriptions Employee Assistance Programme (EAP) (includes access to advice and counselling) Contract for Services Redundancy and payments on termination The above applies to all employees. The Council will apply any pay increases that are agreed by the relevant national negotiating bodies. The Council will also apply any pay increases that are as a result of Council decisions to significantly increase the duties and responsibilities of the post in question beyond the normal flexing of duties and responsibilities that are expected in senior posts. This applies to all employees. The Council would not make additional payments beyond those specified in the terms and conditions of employment. This applies to all employees. These are payable where they are required for the post and should be limited to one subscription per Officer. This applies to all employees. Access to the EAP scheme is available to all employees and Elected Members. Where the Council remains unable to appoint chief officers on recruitment, or there is a need to provide interim support to cover for a vacant substantive chief officer post, the Council will, where necessary, consider engaging individuals under ‘contracts for service’. These will be sourced through a relevant procurement process ensuring the Council is able to demonstrate value for money from competition in securing the relevant service. The Council has a single policy which applies to all employees. Where termination of employment is subject to a compromise agreement that agreement may include a negotiated payment in exchange for which the employee undertakes not to pursue claims against the Council. This is always subject to the completion of a business case and appropriate authorisation as laid out in the above policy. 55 Appendix E Appendix C TRAVEL POLICY INTRODUCTION The purpose of this policy is to set out North Norfolk District Council’s policy on travel arrangements that employees are eligible to claim in reimbursement for journeys made in carrying out their duties. GENERAL TRAVEL PRINCIPLES Employees will be required to ensure that:- the use of public transport is prioritised above a car where the journey time is comparable to that of a car - the choice of travel mode should always be the most cost effective to the Authority, taking into account both claim costs and staff time - they ensure that journeys are planned to do the least number of miles possible, through good route planning and car sharing - a full record of their journey is kept including the reason for travelling and the names of official passengers carried - they do not use their own vehicle on journeys where there is room in the car of another officer making the same journey on the same business. In this situation, an essential car user should drive in preference to a casual user, if possible - they have included and maintain in their policy of insurance a clause indemnifying the Authority against all third party claims (including those concerning passengers) arising out of the use of the vehicle on official business - all claims exclude home to work mileage (and vice versa) if the journey starts or ends from the officers home i.e. they should only claim for excess business mileage over and above their normal daily commute mileage - all claims must be made using the appropriate claim form (these can be obtained from the intranet or HR) - VAT receipts are obtained and attached to the travel claim form to enable the Authority to reclaim VAT - they are familiar with and comply with the Driver Policy and Handbook CAR ALLOWANCES North Norfolk District Council recognises that employees will be required to use their own motor vehicle for the efficient performance of their duties and that it is appropriate to reimburse for additional authorised expenditure. All employees are designated as casual users unless their post attracts an essential car user allowance or they are currently in receipt of either a lease car or cash equivalent payment. ESSENTIAL USER ALLOWANCES Essential users are those whose duties are of such a nature that it is essential for them to have a motor car at their disposal whenever required. If the employee uses a private car in 56 Appendix E carrying out those official duties then they shall be entitled to receive the lump sum allowance and mileage rates set out in this policy. To determine eligibility to an essential car user allowance, the Essential Car User Assessment Form (obtained from HR) must be completed by either the line manager (for vacant posts) or the postholder. The assessment form will be scored by HR and eligibility will be confirmed or declined based on that assessment. If the postholder is not satisfied with the outcome, they can request an assessment by their Strategic Director in consultation with UNISON. A record of the request and scoring will be kept on the post file and where appropriate, the personnel file. The essential car user allowance will be paid to all employees whose eligibility is confirmed and they will receive a lump sum in accordance with their terms and conditions of employment along with the approved mileage rate for claimed business miles undertaken. Eligibility for essential car user status will be checked annually via completion of the car allowance scheme assessment form and if the post does not meet the criteria for this allowance, it will be removed immediately and the employee will be re-designated as a casual user. Transitional arrangements apply for the period of April 2011 to March 2012. Where staff are assessed as no longer being eligible to receive an essential car user allowance in March 2011 (and they currently receive this allowance) they will be protected as an essential car user until 31 March 2012 provided they remain in their current post. The employee will be entitled to appeal this decision and eligibility will be rechecked and the decision confirmed by the Strategic Director in consultation with UNISON. CASUAL USER ALLOWANCES Casual users are those for whom it is desirable that a car should be made available when required and as such are eligible to receive the appropriate mileage rate set out in this policy. TRANSITIONAL ARRANGEMENTS FOR EXISTING STAFF See above and Appendix A. ALLOWANCES AND MILEAGE RATES See Appendix A – please note these rates are reviewed and where appropriate, updated and published annually. CAR LOAN SCHEME Employees may apply to the Authority for a loan to purchase a vehicle if it is deemed necessary by their Strategic Director for them to use a vehicle for work purposes. Details of the scheme can be obtained from the Payroll Officer. LEASE CAR SCHEME/CASH EQUIVALENT LUMP SUM Lease cars and cash equivalent lump sums will be phased out for individual employees who currently have a lease car or receive a cash equivalent payment. Protection periods set out in Appendix A apply. 57 Appendix E OTHER MILEAGE RATES Lease car scheme Training1 Motorcycle Cycle Car sharing- - 15.47 pence per mile 15.47 pence per mile 24 pence per mile 20 pence per mile 5 pence per mile (not per person(s) carried) MILEAGE CLAIMS All claims must be submitted on the appropriate claim form and passed to Payroll for payment within 3 months of undertaking the journey/expenditure. All claim forms are to be authorised by the appropriate authorised line manager according to the ‘authorised signatories list’. See Appendix B for details of what can be included in a mileage claim. Failure to submit a claim within 3 months of undertaking the journey would mean that, except under exceptional circumstances, the claim would not be met. OTHER ALLOWANCES SUBSISTENCE2 Subsistence will be paid to employees who necessarily incur additional expense in the course of their work. Reimbursement will be on the actual cost incurred up to the maximum amount shown below. This is subject to producing a receipt which shows the actual cost of the meal. Maximums are:Breakfast Lunch Tea Evening meal - £6.88 (Where work/travel commences before 7.30 am) £9.50 (When away for entire lunch period 12.00 – 14.00) £3.76 £11.77 (When work/absence extends beyond 7.30 pm) OVERNIGHT ALLOWANCES Overnight £3.63 Max per week £14.55 Any exceptions to the above (subsistence and overnight allowances) would need to be agreed in advance with the relevant Strategic Director. LINK TO OTHER RELEVANT POLICIES 1. Driver Policy and Handbook – employees are required to comply with the requirements of this policy. 2. Environmental Policy – found within the Environmental Sustainability Strategy and Implementation Plan. 3. Green travel Plan. MONITORING This policy will be reviewed, updated and published on an annual basis by the Organisational Development Manager in line with the national agreement or as required by the Authority. 1 2 There is a specific claim form for qualification based training – speak to HR for details Rates are updated annually and are correct with effect from April 2010 58 Appendix E APPENDIX A TRAVEL RATES3 Casual User Rate Mileage:Per mile first 8,500 Per mile after 8,500 52.2p 14.4p New staff or those with new contracts Essential User (based on NJC rates for 1000-1199cc band) Lump sum £963 per annum (paid pro-rata on a monthly basis) Mileage:Per mile first 8,500 Per mile after 8,500 40.9p 14.4p Existing staff (with confirmed protection until 31 March 2013) Essential User Lump sum £1239.00 *The lump sum for this level of cc will stay fixed at this amount until the end of the pay protection period unless the NJC rate for 1000-1199cc exceeds this within the period set out above. Mileage:Per mile first 8,500 Per mile after 8,500 40.9p 14.4p Lease car users and cash equivalent lump sums (Existing staff with confirmed protection until 31 March 2013) Individual lease cars and cash equivalent payments will be phased out. Employees who are currently in receipt of either an individual lease car or cash equivalent payment will be protected until 31 March 2013 as long as they remain in their current post. The lump sum will be protected at the current rate (2009/10). If a lease car agreement is due to expire before the above date, employees will be given the option to either extend the current lease agreement (where this is possible) or revert to the cash equivalent lump sum until 31 March 2013. 3 Rates are updated annually and are correct with effect from April 2010 59 Appendix E APPENDIX B MILEAGE CLAIMS Mileage claims can be made as follows:1. Journeys from home to first visit: a) If the mileage is less than that from home to work base then no claim is made b) If the mileage is more than that from home to work base then excess mileage can be claimed 2. Journeys from last visit to home: a) If the mileage is less than work base to home then no claim is made b) If the mileage is more than that from work base to home then the excess mileage can be claimed 3. Extra journeys out of hours: When work is undertaken that results in additional journeys out of normal hours then the extra mileage may be claimed 60 Agenda Item 17 Agenda Item 2__ CABINET Minutes of the meeting of the Cabinet held on Monday 12 November 2012 at the Council Offices, Holt Road, Cromer at 10.00am. Members Present: Mrs A Fitch-Tillett Mr T FitzPatrick Mr T Ivory Mr K Johnson (Chairman) Mr J Lee Mr W Northam Mr R Oliver Also attending: Mrs A Claussen-Reynolds Ms V Gay Mrs P Grove-Jones Mr P High Mr N Lloyd Ms B Palmer Mr E Seward Mr R Shepherd Mr B Smith Mr N Smith Mr D Young Officers in Attendance: Also in Attendance: 61. The Chief Executive, the Head of Finance, the Technical Accountant, the Estates and Valuation Manager, the Policy & performance Management Officer, the Coast and Community Partnerships Manager and the Sports and Leisure Services Manager The press APOLOGIES FOR ABSENCE None received 62. MINUTES The Minutes of the meeting held on 15 October 2012 were confirmed as a correct record and signed by the Chairman. 63. PUBLIC QUESTIONS None received 64. ITEMS OF URGENT BUSINESS The Leader informed Members that there was one item of urgent business. A request had been received from Holt Chamber of Trade asking the Council to consider the introduction of concessionary parking in the run-up to Christmas. The Chamber of Trade was encouraging traders to open on Sunday during December. Cabinet had discussed the request and it was proposed that 3 hours free parking was introduced on the 4 Sundays prior to Christmas. It was hoped that this would encourage local businesses to open on these Sundays and that residents would then shop locally. Mr T FitzPatrick, Portfolio Holder for Economic Development explained that 3 hours was considered to be a reasonable amount of time as it gave plenty of time for shoppers Cabinet 1 12 November 2012 61 Agenda Item 17 to access local stores but did not provide enough time for people to park and then catch the train to Norwich. In response to a question from Mrs P Grove-Jones, he confirmed that the proposal would apply to all Council car parks across the District. 65. DECLARATIONS OF INTEREST None 66. COUNCIL TAX SUPPORT WORKING PARTY Mr G Jones, a former member of the Council Tax Support Working Party had made a request to amend the minutes of the meeting held on 15 August 2012. The Leader invited Mr W Northam, Chairman of the Working Party to comment on the amendment. He said that the minutes had been approved at the last meeting on 24th October. He explained that the proposal that Mr G Jones referred to in his amendment had not been dismissed as alleged but that they had agreed to defer consideration of it until after the consultation. Mr R Oliver and Mrs A ClaussenReynolds, members of the Council Tax Working Party agreed. RESOLVED that the minutes of the meeting of the Council Tax Support Working Party held on 15th August 2012 be received. 67. PLANNING POLICY AND BUILT HERITAGE WORKING PARTY Mr R Oliver, Portfolio Holder for Planning proposed that all the recommendations, except for Minute 24, Recommendation 5 be adopted. He proposed that recommendation 5 ‘ That a further report on potential buildings to be added to the Local List for Cromer be prepared’ be deferred until the peer review of the planning service had been completed. RESOLVED that The minutes of the meeting of the Planning Policy and Built Heritage Working Party held on 8th October 2012 be received and the following recommendations contained therein adopted as follows: MINUTE 24: CROMER CONSERVATION AREA MANAGEMENT PLAN 1. 2. 3. 4. Cabinet To adopt the Cromer Conservation Area Management Plan for statutory planning purposes and for it to be a ‘material consideration’ in the planning process. To adopt the proposed boundary changes as recommended in the draft Appraisal document, with the exception of the former railhead (Morrison’s car park) and area around the Old Chapel, which should be retained within the Conservation Area, and that the resultant changes be publicised in accordance with the Planning (Listed Buildings & Conservation Areas) Act 1990. To endorse the preparation of a further report relating to the introduction of Article 4 Directions as and where necessary. That the buildings identified for Local Listing be formally recognised and recorded. 2 12 November 2012 62 Agenda Item 17 To defer the following recommendation: 5. That a further report on potential buildings to be added to the Local List for Cromer be prepared MINUTE 25: WALSINGHAM CONSERVATION AREA APPRAISAL AND MANAGEMENT PROPOSALS 1. 2. 68. To approve the Draft Walsingham Conservation Area Character Appraisal and Management Proposals for public consultation purposes. That following consultation, the amended Walsingham Conservation Area Character Appraisal and Management Proposals be brought back to the Working Party for consideration and subsequent adoption by Cabinet. FINANCIAL STRATEGY 2013-14 Mr W Northam introduced this item. He explained that the report presented the current financial forecast for the period 2013/14 to 2015/16 and provided a summary of the key issues facing the Council in relation to Local Government finance. The current forecast presented a funding gap for the next 3 years of up to £1.7 million. Estimates had been made on the level of future funding, although there was still a great deal of uncertainty on the level of grant reductions that local authorities would be facing. Mr W Northam outlined three key areas that could have significant financial implications for the Council: 1. 2. 3. Changes to the financing of local government as the formula grant arrangements are dismantled The imminent introduction of a localised council tax support scheme The introduction of council tax reforms – which would give authorities new flexibilities on the level of discounts on second homes and empty dwellings Mr W Northam concluded by stating that the Strategy highlighted the necessity that the efficiency savings and adjustments identified in the various workstreams needed to be fully delivered. Members discussed the Financial Strategy: a) Ms V Gay sought clarification on the rules for vacant dwellings. The Chief Executive explained that currently vacant dwellings were exempt from council tax for 6 months. This would no longer be statutory and billing authorities would be allowed to charge up to 100% for such dwellings from day one. b) Mr E Seward commented that the real financial challenges for the Council were likely to occur the year after next. Mr W Northam agreed. He said that 2015-16 would be very difficult for the Council financially. c) Ms V Gay asked if the Council had made representations to central government regarding the challenges facing rural councils. The Leader replied that concerns had been raised with the local MP and central government. He added that he had mentioned the unfair impact of the localisation of council tax support on North Norfolk at a recent meeting at Downing Street. In response to a further question from Ms V Gay regarding whether a response had been received from Keith Simpson MP on the impact of council tax support, he said that he had not seen one. Mrs A Claussen-Reynolds confirmed that she had seen a letter from Keith Simpson on this matter. The Chief Executive reminded members that the Council were members of SPARSE (Spending Power Analysis for Rural Councils) and Cabinet 3 12 November 2012 63 Agenda Item 17 they were working with other local authorities on producing evidential work around the rural premium. She added that the £196,000 indicative sum from the £100m transitional grant for council tax support had not been included within the Financial Strategy. It was proposed by Mr W Northam, seconded by Mr R Oliver and RESOLVED To note: 1) the current financial forecast for the period 2013/14 to 2015/16; 2) the current capital programme and capital funding forecasts; 3) the revised reserves statement as included at Appendix C to the report. Reason for the Decision: To ensure that Members are updated with the current financial position of the authority as further work on the detailed budget for 2013/14 is completed over the coming months. 69. HALF YEARLY TREASURY MANAGEMENT REPORT FOR 2012/13 Mr W Northam introduced this item. He explained that in compliance with the CIPFA Code of Practice, the report provided information on the Treasury Management activities undertaken in the first six months of 2012/13. None of the Prudential Indicators had been breached and a prudent approach had been taken in relation to investment activity with priority being given to security and liquidity over yield. Mr W Northam thanked the Technical Accountant for his hard work and support during the year. It was proposed by Mr W Northam, seconded by Mr R Oliver and RECOMMENDED to Full Council That the Half Yearly Treasury Management Report for 2012/13 be approved. Reasons for the decision: The recommendation was made in compliance with the CIPFA Code. 70. BUDGET MONITORING REPORT 2012/13 – PERIOD 6 Mr W Northam introduced this item. He explained that the report summarised the budget monitoring position for the revenue account and capital programme to the end of September 2012. The overall position at the end of period 6 showed a forecast underspend of £23,552 for the current financial year on the revenue account. Mr W Northam thanked the Head of Finance for her support and hard work throughout the year. Members discussed the report: 1. Ms V Gay sought further information on the removal of the budget for community transport. She was particularly concerned about the future of this budget. The Chief Executive said that it had been funded by the Big Society Fund for the Cabinet 4 12 November 2012 64 Agenda Item 17 current year, from second homes income. This funding was for one year only and the intention was to wait for the outcome of a review of community transport schemes which was being undertaken by a small working party which would report back to the Overview and Scrutiny Committee. The Chairman of the Overview and Scrutiny Committee added that it was important that the working party met as soon as possible. He added that Broadland District Council had recommended that funding for community transport should be ring-fenced. 2. Mr D Young commented on the amount of £30,000 net received for car parking penalty notices. He asked what the gross figure was and how it compared to previous years. The Head of Finance agreed to respond in writing. Mr W Northam added that the car parking contract with Borough Council of Kings Lynn and West Norfolk began in September 2010 – under the previous administration and would run for 5 years. It was proposed by Mr W Northam, seconded by Mr R Oliver and RESOLVED 1. To note the contents of the report and the current budget monitoring position 2. That new homes bonus of £40,000 be used to fund a Community Infrastructure Levy (CIL) Planning Policy Officer as outlined at section 2.3 of the report. Reasons for the decision: To update Members on the current budget monitoring position for the Council and approve additional capital budget as outlined in the report. 71. COMMUNITY ASSET TRANSFER POLICY Mr R Oliver introduced this item. He explained that following a consultation period on the draft policy and feedback from the Overview and Scrutiny Committee, an amended version had been reported to the Asset Management Board (AMB) and the Overview and Scrutiny Committee in September 2012. It was now being returned to Cabinet for approval to recommend the matter to Full Council for adoption. Members discussed the report: Mr D Young queried why unincorporated associations which were not registered as charities were excluded from longer leases. Mr T Ivory said that it was a legal issue. The assets of an unincorporated association belonged to its members. In the case of a charity, if it was dissolved then the assets would not revert to individual members as charitable law would apply. A shorter lease for unincorporated charities would ensure that the asset could quickly revert to the Council. It was proposed by Mr R Oliver, seconded by Mr T Ivory and RECOMMENDED TO FULL COUNCIL that Council adopts the Community Asset Transfer Policy. Reasons for the decision: To provide the Council with a clear framework and procedural guide to assist in it achieving a Corporate Plan ambition. Cabinet 5 12 November 2012 65 Agenda Item 17 72. PERFORMANCE MANAGEMENT – DELIVERY OF ANNUAL ACTION PLAN 2012/13 QUARTER 2 The Leader introduced this item. He said that the report provided a mid-year review of the progress in delivering the Annual Action Plan 2012-13. He explained that the delivery of the Annual Action Plan was progressing well and that areas of concern were outlined within the report and details were given where action was being taken. Members discussed the report: 1. Ms V Gay asked why no loans or grants had been provided under the Coastal Pathfinder scheme as they had been made available to 90 businesses which had signed to the Pathfinder Business Advice project. The Portfolio Holder for coastal issues, Mrs A Fitch-Tillett said that some applications had been processed by the Norfolk Community Foundation (NCF) but the take-up was disappointing. From January 2013 the loans would become available to all businesses across the district so it was anticipated that the number of applications would increase. The Chief Executive added that the scheme would be reviewed to find out why it had not been attractive initially, particularly as take-up for the business health check was so popular. 2. Ms V Gay requested further information about £2.4m of funding which had been secured from the Local Economic Partnership Growing Places Fund for infrastructure investment at a site in North Walsham. She was interested in whether the funding was a loan and if so, what the terms were.. Mr S Blatch, Corporate Director, said that the New Anglia Partnership, with Suffolk County Council in the lead, had taken over from the previous Local Enterprise Partnership and no formal guidance had been issued regarding the terms of loans. A meeting was scheduled for the following week with Hopkins Homes and representatives from the LEP. Further consideration would need to be given as to whether the Council’s Planning Policy team should lead on the development brief. It was anticipated that a full report would be presented in January 2013. In answer to a further question from Ms V Gay on why an additional meeting was required, the Chief Executive said that the £2.4m loan was an incentive to bring the scheme forward and the meeting with the LEP was to explore ways to draw down the funding more quickly. It was important that the criteria to access the fund were discussed and that the scheme was attractive to potential partners. Ms V Gay requested that local members should be included in any future discussions. Mr E Seward agreed and asked that Hopkins Homes was made aware that the site was an eyesore within the town. 3. Mr E Seward commented on the schedule of stalled sites that was mentioned within the report. He requested that given the large number of such sites in North Walsham, that the schedule should be shared with Members. He also pointed out that there were very few developments in the district where s106 agreements had been secured. The Leader said that an agreement had recently been signed with Victory Housing Trust for a development on a brownfield site in North Walsham. It was proposed by Mr K Johnson, seconded by Mr W Northam and RESOLVED 1. to note the contents of the report 2. that the rate of take-up of new designated employment land (indicator J005) be reported on an annual basis instead of quarterly as originally agreed at Cabinet in May 2012. Cabinet 6 12 November 2012 66 Agenda Item 17 73. NORTH WALSHAM DUAL USE SPORTS CENTRE Mr J Lee introduced the report. He explained that there had been a long-drawn out process in getting to this stage but he felt that there was now a way forward for the Dual Use Sports Centre (DUSC) in North Walsham and that the proposals would provide better value for money for the Council as they would only pay the school the additional costs incurred in having the school buildings open for community use. He said that the proposed improvement to the facilities, including the provision of a multiuse games area (MUGA) were an exciting opportunity for the town. He concluded by saying that the contracts for all the dual use sports centres were signed in 1986 and had not been reviewed since. Things had changed considerably in the intervening years and there was a need to review the leases for all three sports centres. Members discussed the proposals: a) Mr N Lloyd, local member for North Walsham North said that the proposals had upset many people in the town and that a lot of trust had been lost, which could make subsequent negotiations difficult. He added that the voluntary management committee had worked in partnership with the school for 25 years and had always exceeded their targets. He asked whether he could propose amendments to the recommendations. The Leader said that only Cabinet Members could do this but he agreed that Mr N Lloyd could outline his proposals. Mr N Lloyd said that North Walsham DUSC was one of three and should not be singled out. Any proposals should include all three sports centres and they should be considered together. If they were treated on an equal basis then there could be lower charges in the first year. He queried what would happen if the Council served notice on the school to end the current Dual Use Agreement and suggested that it would be preferable to give officers the power to vary the agreement rather than serve notice. He concluded by saying it was not clear what the future funding level would be. b) Mr E Seward. Local member for North Walsham North said that a key point in moving forward was the level of support that the sports centre would receive from the Council in the future in running the centre. c) Mr D Young queried the incentive to the school for keeping the facility open as they would only be receiving the actual running costs in the future. d) Mrs P Grove-Jones said that in Stalham, public use of the Dual Use Sports Centre was not promoted at all and this was something that could be reviewed. e) Ms V Gay said that a petition with over 1000 signatures had been submitted in relation to the Dual Use Sports Centre in North Walsham. There was general disquiet within the town about the way the proposals had been brought forward and the failure to consult with local people. The Leader invited Mr T Ivory to respond to all the comments. Mr Ivory said that the process had been very thorough and had included discussions with the voluntary management committee, school governors and local members. It had taken a long time to get to this stage and that was because the Council wanted to ensure that they had made the right decision. The report highlighted the difference between the charges levied at the three dual use sports centres and the premium paid by the Council to North Walsham High school in particular. He stressed that the proposals were not just about North Walsham but that this was the first to be addressed as the costs were disproportionately high but also because it had a very strong voluntary management committee in place and this was lacking in Cromer and Stalham. The opportunity for change had originally been presented when the school completed the Atrium and there were obvious synergies in combining its management with the dual use sports centre. Cabinet 7 12 November 2012 67 Agenda Item 17 In response to the concern about serving notice on the school, Mr T Ivory said that this was not the intention. The Council were seeking constructive discussions with the school on how the public access to the DUSC could be maintained and they were hopeful of reaching an agreement. There was a need to reserve the right to serve notice but he was confident that it would not be necessary. Regarding future funding, Mr Ivory said that all options were on the table. It was in the interests of the school to reach an agreement as the funding would not continue on the current level. Mr Ivory concluded by saying that discussions and negotiations were moving forward and there needed to be a settlement that would work for everyone. It was proposed by Mr J Lee, seconded by Mr T Ivory and RESOLVED 1. That officers are authorised to negotiate and conclude variations to the Dual Use Agreement with the North Walsham High School to ensure that: a. The Council pays the school only for the additional costs incurred in having the school buildings open for community use b. The Council assumes overall responsibility for setting all fees and charges relating to the Dual Use Centre, in consultation with the Voluntary Management Committee 2. That, should it be necessary to serve Notice to vary the existing or enter into a new Agreement to be implemented by 1 April 2013, officers, with the agreement of the relevant portfolio members, are authorised to serve the required notice on the school to end the current Dual Use Agreement. 3. That officers are authorised to work with the Voluntary Management Committee to improve local management of the Dual Use Centre, including the setting up of a Community Sports Trust if this is feasible. 4. That improvements to the facilities, such as the provision of a MUGA at the Dual Use Centre, are explored further with the school. 5. That officers are authorised to negotiate and conclude variations to the Dual Use Agreements with Cromer Academy and Stalham High School as per recommendation 1 above. Reasons for the decision: To review the current arrangements for delivery of community sports facilities at this site and ensure that the Council’s future funding of the facility will deliver a wider package of community leisure activities within the school environment as well as affording the a financial saving for the Council. The Meeting closed at 11.01 am _______________ Chairman Cabinet 8 12 November 2012 68 Agenda Item 17 Agenda Item 3 STANDARDS COMMITTEE Minutes of a meeting of the Standards Committee held on 13 November 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at 2.00 pm. Members present: District Councillors: Mr B Hannah Mr P W Moore Ms B Palmer Mrs H Thompson Mr P Williams Co-opted Members: Mr G Allen Mr A Bullen Mrs M Evans Mr H Gupta Mrs A Shirley Mr M Coates Officers in Attendance: The Monitoring Officer The Democratic Services Officer (ED) 1. TO RECEIVE APOLOGIES FOR ABSENCE Apologies were received from Mr R Barr, Mr A Nash and Mrs A Shirley 2. PUBLIC QUESTIONS None received . 3. MINUTES The Minutes of the Meeting of the Standards Committee held on 11 September 2012 were approved as a correct record. 4. ITEMS OF URGENT BUSINESS There were no items of urgent business. 5. DECLARATIONS OF INTEREST None Standards Committee 1 69 13 November 2012 Agenda Item 17 6. PARISH AND DISTRICT MEMBERS’ REGISTER OF INTERESTS AND OFFICER REGISTER OF GIFTS AND HOSPITALITY The Registers were open to display and were available for inspection in the Legal Services area. 7. NEW STANDARDS REGIME The Monitoring Officer informed the Committee that the new regime was now implemented in full. The Committee was meeting regularly and the Independent Person was assessing cases. The Monitoring Officer was working through the backlog of transitional cases and screening new cases. There were still some grey areas regarding the application of the DCLG Code of Conduct and there was ongoing correspondence to try and clarify the situation. The Monitoring Officer had recently attended a workshop for Independent Persons at Broadland District Council and it was intended that there would be more collaboration between Independent Persons across the region in the future and they would work together to establish the role. The Monitoring Officer suggested that it was time for the Committee to start focusing on standards training for district and parish councillors. There was still a lot of confusion regarding the type of complaint that could be dealt with by the District Council and it would be helpful if the Monitoring Officer and members of the Standards Committee could attend parish and town council meetings to explain the role of the Committee and provide further information on standards and conduct issues. Members discussed the update: 1. Mr G Allen commented that the previous standards regime had focused more on monitoring poor behaviour. From what he understood, the new regime seemed to place more emphasis on improving standards. The Monitoring Officer agreed. He said that the Localism Act stressed the importance of promoting and maintaining high standards of conduct for district and parish councillors. 2. Mr A Bullen sought clarification on the role of co-opted members of the committee. The Monitoring Officer explained that they were full members of the committee and were able to participate in debates but were not able to vote. It was intended that they would represent an external, non-council approach to standards issues. The Chairman added that she believed that co-opted members played a valuable part in the committee as they were able to provide a wider view on issues. Their participation would ensure that the committee was not just inward-looking. 3. Mr H Gupta queried his role as a co-opted member. He wasn’t sure how effective his contributions at meetings would be if he could not participate in the voting process and his views could therefore effectively be overruled. The Chairman reminded Members that there had been a full discussion about the role and value of co-opted members at the last meeting of the committee. Mr B Hannah added that he valued the input of the co-opted members. Mr P Williams agreed, he said that the co-opted members had been selected for their knowledge and skills. He felt that their neutrality was very important and the elected members should listen to their views and take them into account. 4. Mr A Bullen suggested that the co-opted members of the committee could undertake an assessment of the Standards Committee at some point to Standards Committee 2 70 13 November 2012 Agenda Item 17 check that it was performing well. The Chairman replied that she had no problem with this. She felt that it was important for the committee to set a high standard and be prepared to take this forward on a wider basis. 5. The Chairman suggested that a panel of committee members could attend parish and town council meetings and offer help and advice on standards and conduct issues. Mr P Williams agreed that training was necessary but some parish councils may require more support than others. Mr P W Moore commented that he had attended the training session for Briston Parish Council and he felt that it had not been very productive. It was important that the Committee agreed on their role in advance so they could ensure that their input was effective. Mrs M Evans endorsed this approach. She said that the objectives of the committee should be robust and delivered in the right way. Mr M Coates added that it could be helpful to use scenarios to illustrate particular problems that could arise. Mrs M Evans added that although there were some councils that may need assistance quite soon, it should be offered to everyone. 6. Mr G Allen commented that it was important to remember that the Standards Committee was different to other committees. They could have an effect on the decisions being made regarding complaints and the input of co-opted members was vital. In many cases they had more knowledge and experience than elected members. The Chairman suggested that herself, the Monitoring Officer and the Independent Person worked together to come up with a training programme which they would then bring back to the committee for consideration. She asked members to contact her if they had any ideas that they would like to see incorporated. 8. COMPLAINT REFERENCES 148, 150 AND 153 The Monitoring Officer explained that the three cases all shared common characteristics – they all pre-dated the new regime and they had all been assessed and referred for investigation. In each case the Investigating Officer had not found a breach of the Code of Conduct. The Monitoring Officer had considered them in conjunction with the Independent Person and they agreed with the Investigating Officer’s findings. They were now coming before the Standards Committee for a final decision. The Monitoring Office advised the Committee that they were unlikely to receive cases in this form again. These were all transitional cases that predated July 2012. Members discussed the cases: 1. Mr P Moore asked whether the Monitoring Officer believed that the outcome would have been the same under the previous regime. He confirmed that they would have because although the current Code of Conduct was different, the process was the same. 2. Mr G Allen said that he agreed with the Monitoring Officer’s and Independent Person’s assessment of the cases. He was concerned that only a summary of each case was presented to the committee and felt that there may not be sufficient evidence for Members to make a decision. 3. Mrs M Evans said that one of the cases would make a good scenario to be used in training parish councils as it demonstrated how charities could Standards Committee 3 71 13 November 2012 Agenda Item 17 cause issues for parish councils and how they had tried several different avenues to deal with the problem. AGREED To accept the findings of the Investigating Officer for each of the three cases. 9. STANDARDS COMPLAINTS The Monitoring Officer updated the Committee on the status of complaints received. He explained that the list provided information on all the ‘live’ cases. Members discussed the update: 1. Mr G Allen commented that Members needed to remain aware that the Committee could be used for other purposes such as resolving a personal dispute or grievance. The Monitoring Officer replied that there was a screening process in place that aimed to weed out such cases. 2. Mr A Bullen asked when cases were referred to the Independent Person for his input. The Monitoring Officer replied that he asked for his input when he felt that he needed an additional view. He explained that when no view was included with the case summary it indicated that the Independent Person concurred with the Monitoring Officer’s assessment. He said that he would ask the Independent Person to include a summary paragraph for all cases in the future. 3. Mr G Allen said that he felt it would be useful if complainants could provide information regarding their interest in making the complaint. The Monitoring Officer replied that this was potentially a difficult area as a complaint was not the ‘property’ of someone. He added that as part of the screening process he could ask for an explanation if he had any concerns regarding their motive for making the complaint. The meeting concluded at 15.17 pm ___________ Chairman Standards Committee 4 72 13 November 2012 Agenda Item 17 Agenda item no._______4_______ OVERVIEW AND SCRUTINY Minutes of a meeting of the Overview and Scrutiny Committee held on 21 November 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr E Seward (Chairman) Mr R Shepherd Mr N Smith Mr R Smith Mr D Young Mrs A Claussen-Reynolds Ms V Gay Mrs A Green Mr P W Moore Mr R Price Officers in Attendance: The Chief Executive, the Corporate Director, the Head of Finance, the Health Improvement Officer , the Head of Organisational Development, the Sports and Leisure Services Manager and the Scrutiny Officer. Members in Attendance: Mr T FitzPatrick, Mr P W High, Mr K Johnson, Mr J Lee, Mrs B McGoun, Mrs A Moore, Mr W Northam, Mr R Oliver, Mrs A Sweeney, Ms V Uprichard and Mr J Wyatt Democratic Services Officer (ITV) CHAIRMAN’S ANNOUNCEMENTS The Chairman informed Members that Mrs Alison Argent, Democratic Services Officer, was absent through a family bereavement. Members asked that their sympathies be conveyed to Mrs Argent. The Chairman also reported on Mr B Smith’s absence through ill health. It was agreed that the Committee’s best wishes be sent to Mr Smith. Finally the Chairman referred to an e-mail message which had been circulated following Mr Perry-Warnes’ notification of his decision to relinquish Chairmanship of the Council for health reasons. Members were sorry to hear this news and passed on their best wishes to Mr Perry-Warnes. 87 APOLOGIES FOR ABSENCE Mr J Perry-Warnes, Mr R Reynolds, Mr B Smith and Mr P Terrington.. 88 SUBSTITUTES Mr R Price for Mr R Reynolds, Mr R Shepherd for Mr J Perry-Warnes and Mr D Young for Mr P Terrington. Overview and Scrutiny Committee 1 73 21 November 2012 Agenda Item 17 89 PUBLIC QUESTIONS None received. 90 MINUTES On Minute No 84 – Review of Outside Bodies - Mrs A Claussen-Reynolds pointed out that her remark in (a) that none of the outside bodies (apart from NHOSC) was reported to Council would more accurately refer to not many outside bodies. Members agreed and, subject to that amendment, the minutes of the meeting of the Overview and Scrutiny Committee held on 23 October 2012 were approved as a correct record and signed by the Chairman. 91 ITEM OF URGENT BUSINESS Call-in: Cabinet: 12 November 2012: Item 15: North Walsham Dual Use Sports Centre A call-in had been received from Mr P Moore in accordance with the Council’s Constitution in respect of the Cabinet’s decision on the management of the North Walsham DUSC. To comply with the constitutional requirement to deal with the call-in as expeditiously as possible, the Chairman had agreed to take the matter as an item of urgent business at this meeting. The Chief Executive summarised the advice of the Monitoring Officer on this point. The Leader queried whether the call-in was valid as he felt that it challenged the decisions of Cabinet rather than the process to reach those decisions. The Chairman responded that the Monitoring Officer had confirmed that the call-in was valid and that it was appropriate to call-in a Cabinet decision. A note of the Cabinet decision, together with a summary of the grounds of Mr Moore’s call-in, had been circulated to Committee Members. Mr Moore explained why he had called in the decision with the aid of a longer written statement tabled at the meeting. The resolution of the Cabinet was as follows: 1) That officers are authorised to negotiate and conclude variations to the Dual Use Agreement with North Walsham High School to ensure that: a) The Council pays the school only for the additional costs incurred in having the school buildings open for community use. b) The Council assumes overall responsibility for setting all fees and charges relating to the Dual Use Centre, in consultation with the Voluntary Management Committee 2) That, should it be necessary to serve notice to vary the existing agreement or enter into a new agreement to be implemented by 1 April 2013 officers, with the agreement of the relevant portfolio members, are authorised to serve the required notice on the school to end the current Dual Use Agreement. 3) That officers are authorised to work with the Voluntary Management Committee to improve local Management of the Dual Use Centre, including the setting up of a Community Sports Trust if this is feasible. 4) That improvements to the facilities, such as the provision of a Multi-Use Games Area at the Dual Use Centre, are explored further with the school. 5) That officers are authorised to negotiate and conclude variations to the Dual Use Agreements with Cromer Academy and Stalham High School as per recommendation (1) above. Overview and Scrutiny Committee 2 74 21 November 2012 Agenda Item 17 Mr Moore sought equality of treatment across all such centres by committing the Council to negotiate simultaneously with the Cromer and Stalham facilities with a view to a comprehensive package of revised costs and prices being brought forward for consideration. He felt that the proposal was not clear as to how funding for the North Walsham facility would continue; that the recommendation potentially harmed the Council’s negotiations with North Walsham High School on future rents and that, in the absence of discussion with the High School thus far, a more conciliatory approach, setting out options on future rents, needed to be taken. In his view, the proposed course provided insufficient clarity on the setting of fees and charges, omitting reference to any mechanism for dealing with disputes and disagreements with the Voluntary Management Committee. Mr Moore proposed that the matter be referred back to Cabinet with a request that a) All three DUSCs are reviewed simultaneously, so that a comprehensive total package of revised costs and prices can be brought forward for consideration as part of the Council’s budget setting process. Part (5) of the resolution should state that negotiations and variations to the dual use agreements with Cromer Academy and Stalham High School will be conducted simultaneously with those relating to North Walsham High School. b) Part (2) of the resolution should be amended to read: “That the Council enters into negotiations with the School(s) with a view to securing a new or varied Agreement(s); that officers should be authorised to vary the Agreement(s) or if necessary negotiate a new Agreement(s); if the officers are not successful, the matter will be referred back to Cabinet for resolution.” c) It would be inappropriate for Cabinet to finalise its position regarding the future finances of the DUSC(s) unless and until accurate financial data is provided. The proposal was seconded by Ms Gay, who commented that the matter had suffered from confusion and undue confidentiality. The final part of Mr Moore’s proposal was based on the premise that three different figures were in use. Following a question from the Chief Executive, when it became became apparent that the figures being queried comprised an initial budget figure plus projections for the next two years, Mr Moore agreed, with the consent of his seconder, to withdraw part (d) above from his proposal. Mr Lee wondered how this call-in had come about, as the way in which Cabinet had reached its decision was not being called into question. Furthermore, the questions asked by Mr Moore had been dealt with by Cabinet and previously at Council and elsewhere. The Cabinet was not picking on North Walsham – all three agreements were different. The North Walsham agreement had not been looked at since 1986, since when the Council had effectively been subsidising the school. The report to Cabinet had been perfectly clear on finances and on officer support to the facility. Consultation with the Voluntary Management Committee had taken place and the Council would continue to work with that body. Ms Uprichard stated that a petition signed by over a thousand North Walsham residents was being presented, expressing opposition to the Council’s proposal to withdraw funding and transfer management of the Dual Use facility. Mr Johnson pointed out that this was now outdated, negotiations having moved on since the signatures had been collected. Following discussion on the issue and service of notice, Mr Oliver commented that Overview and Scrutiny Committee 3 75 21 November 2012 Agenda Item 17 failure to take account of these matters in the formal agreement would mean that there would be no incentive for the school to renegotiate. This was a professional approach with the aim of achieving the best value for money for the local taxpayer. Mr Johnson informed the meeting that he had been to the North Walsham Town Council last week, when there had been no dissention to what was being proposed by Cabinet. On being put to the Committee initially, the proposal, as amended, received 5 votes in favour and 5 against and the motion was carried on the Chairman’s casting vote. RESOLVED That the decision of Cabinet be referred back in accordance with (a) and, (b) above. 92 DECLARATIONS OF INTEREST Mrs A Claussen-Reynolds declared a personal interest in Agenda Item 15 – Presentation: East of England Ambulance Service Trust – as the Council’s representative on the Norfolk Health Overview and Scrutiny Committee. 93 PETITIONS FROM MEMBERS OF THE PUBLIC A petition initiated by the North Walsham Sports Centre and bearing 1023 signatures was handed in by Ms V Uprichard. Minute No 91 above refers. 94 CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None received. 95 RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS OR RECOMMENDATIONS None received. 96 THE FORWARD PLAN AND DEMOCRATIC SERVICES WORK PROGRAMME Noted. 97 BUDGET MONITORING REPORT 2012/13 – PERIOD 6 Mr W Northam, portfolio holder, presented the report, drawing attention to the forecast underspend of £23,552 on the revenue account. The Chairman commented on the General Fund Capital Programme, where actual expenditure fell well short of the updated budget. This appeared to be a regular feature and was presumably a situation which had to be accepted due to commitments and projects yet to come to fruition. In reply to a query from Ms Gay, the Head of Finance clarified the outlined savings/additional income shown for court costs by pointing out that the word “recovered” had been omitted from the relevant column at Appendix G of the report. Overview and Scrutiny Committee 4 76 21 November 2012 Agenda Item 17 Mr R Smith drew Members’ attention to a service variance in Development Management (page 63 of the report) where a shortfall had occurred in the projected budget for planning income. The report was noted. 98 PERFORMANCE MANAGEMENT - DELIVERY OF ANNUAL ACTION PLAN 2012/13 QUARTER 2 The Head of Organisational Development presented the report. The Chairman pointed out that the interim report on The Big Society Fund would now be considered at the December meeting of the Committee. In reply to a question from the Chairman on the Business Manager appointment for Democratic Services, the Chief Executive said that the initial response had prompted another look at the structuring of the post. Ms Gay enquired as to progress on Cabinet consideration of the proposed business plan for the new Destination Management Organisation for the North Norfolk coast and countryside. Mr K Johnson confirmed that this was on schedule for a Cabinet decision at the December meeting. The Chairman asked whether there was anything further to report on the development of the key site at North Walsham referred to in paragraph 2.23 of the report to Cabinet and where £2.4m had been secured from the Local Economic Partnership (LEP) Growing Places Fund for infrastructure investment. The Chief Executive stated that officers from the LEP were happy with progress, although slightly behind the original timetable. A further meeting of the LEP was to take place on the following day and Members were reassured that the funding remained secure. In noting that 4 out of 5 major planning applications had been determined outside the thirteen week target in the second quarter (paragraph 2.36 of the Cabinet report), the Chairman assumed that the fifth application had been that for the Waitrose development at North Walsham. Things were moving quickly on this project, which was good news for the town. Mr P Moore, in moving the recommendation, made the point that, although the proposed annual reporting on the rate of take up of new designated employment land was sensible, this or indeed any other frequency of reporting would not increase take up. The motion was seconded by Mrs A Green. RESOLVED (a) That the report be accepted. (b) That the rate of take up of new designated employment land (indicator J 005) be reported annually instead of quarterly as originally agreed at Cabinet in May 2012. The meeting was adjourned at 11.05am and reconvened at 11.25am. Overview and Scrutiny Committee 5 77 21 November 2012 Agenda Item 17 99 SHARED SERVICES Deferred. 100 OVERVIEW AND SCRUTINY UPDATE Noted. The meeting was adjourned at 10.40am and reconvened at 11.10am. 101 PRESENTATION – EASTOF ENGLAND AMBULANCE SERVICE TRUST The Chairman introduced Paul Leaman – Assistant Director, Chris Hartley – Assistant Director and Teresa Church – General Manager, in attendance to make a presentation on the background, services and challenges facing the East of England Ambulance Service NHS Trust. The presentation took account of questions forwarded to the Trust prior to the meeting. Mr Leaman, in commencing the presentation, welcomed the opportunity to share the challenges and issues facing the Trust and to discuss how the service could be moved forward in the quest for improved patient care. The Trust served nearly 6 million people in six counties in the East, comprising a diverse mix of urban and rural areas. Some 4,000 staff and 2,000 volunteers, whose activities were managed by three control rooms, worked towards the achievement of a regional target. Mr Leaman explained that 80% of the Trust’s work revolved around the Emergency 999 service. The challenges ahead were to deal with an increasing level of 999 calls, to save £50m over 5 years and to seek continual improvement in quality of service provision, all within the wider changes being implemented in the National Health Service. The Chairman sought clarification on when this programme of efficiency savings had begun. Mr Leaman informed the meeting that the process had commenced in April 2010 and that the savings were required to be made by the NHS commissioning authorities. Mr Hartley informed the meeting that the Trust had been set a cost improvement target of £10.6m, out of a total budget of £227m. He agreed to supply more detailed figures for Members. A new service model was needed to replace the existing one, which was unsustainable. A more responsive service would be achievable through having the right resources, putting them where patients needed them and deploying resources in the most efficient way. This could mean, for example, identifying where patients could be handed over to local nursing teams or surgeries, rather than being taken to hospital and, where they were taken to hospital, ensuring that patients were seen by hospital staff in a timely manner, rather than kept waiting in ambulances. At the Chairman’s invitation, Mr David Russell, Vice-Chairman of the Norfolk Involvement Network (LINK) and lead on ambulance matters, asked a question regarding lost off road hours and whether these were contributing to waiting times at the Norfolk and Norwich Hospital. Mr Leaman replied that achieving the target time of 15 minutes for patients to be transferred from the ambulance on arrival and a further 15 minutes for preparation for the ambulance’s departure was a particular issue at the Norfolk and Norwich Hospital. Overview and Scrutiny Committee 6 78 21 November 2012 Agenda Item 17 Anecdotal evidence of delays in getting patients into hospital attributed to the ambulance service showed these were often caused by deficiencies in the hospital’s processes; the ambulance service sympathised with this, often to the extent of crews actually assisting inside the hospital with duties beyond their remit, but this did adversely, and unfairly, affect their performance against targets. 166 hours had been lost at the hospital within the last week. A possible interim solution would be to provide another vehicle at the hospital into which the patient could be temporarily transferred, allowing the speedier release of ambulance and crew, but this would still involve the Trust’s resources. The hospital was working very hard to rectify the problem, which was not an issue to the same extent at any other hospital in the region. In reply to a question as to whether the Trust could charge the hospital, Mr Leaman said there was no mechanism for this and that commissioning was a matter for the PCT. Following a comment from Mr R Price on a suggestion that another consultant was being procured by the hospital, Mr Leaman agreed that a suitably trained person, not necessarily a consultant, could improve things considerably for patients. Mr W Northam had heard that problems were exacerbated by the referral of immigrant patients from the Peterborough area to Norwich rather than their local hospital. Mr Leaman explained that the two response targets for the most urgent 999 calls were to achieve a 75% response time of 8 minutes to emergencies determined as life threatening and a 95% response of 19 minutes to the next category. In 2008, the figures achieved were, respectively, 57.25% and 84.87%. Figures for 2010/11 were an 48.51% success rate for the 8 minute responses and 84.95% for the 19 minute target. More detailed figures by local area would be provided for Members. Mrs A Sweeney asked whether lives were being lost through waiting for a response to a 999 call, with particular reference to an example where a patient waited for 60 minutes. Mr Leaman said that any wait was too long and 8 minutes was a challenge. He referred to the availability, in life threatening circumstances, of an excellent Air Ambulance, run by a charitable body, with whom the ambulance service had a very good relationship. For clarification, he mentioned that there were 4 other categories of response and, in certain circumstances, a 60 minute wait would be within target. He would be happy to look into an individual case on request. Mr Leaman confirmed that 999 calls were increasing year on year, partly because people were living longer, with a greater dependency on the health service, partly through misuse and to a degree because of the decision of general practitioners to decline an out of hours service. There was scope for some reduction in demand through a preventative approach, such as that adopted by the Fire Service, where basic safety measures introduced in the home had been very effective in reducing demand. The use of the new 111 number would also help, as well as further measures to educate the public. On the last point, Mr Hartley stressed that the service needed to be better at setting out what it did and how it was funded, to prioritise different patients and do more to explain this. Mrs A Claussen-Reynolds agreed that an approach that included educating the public was necessary, recalling an experience, on a shift with an ambulance crew as a Member of the Norfolk Health and Overview Scrutiny Committee. This had involved a physically impossible response time to reach a patient in the care of the Police, which could have been handled differently. Mr R Shepherd, speaking as a former Police driver, felt that an 8 minute response time was generally impractical and could, depending upon conditions and time of day, be dangerous. He wondered to what extent stress affected staffing sickness levels. Mr Leaman confirmed that a very good employee assistance programme was available. Ms Church said that 25% of sickness absence Overview and Scrutiny Committee 7 79 21 November 2012 Agenda Item 17 was due to stress and, until recently, would not have been recorded as such. Managers were now trained in stress assessment and picking up the signs early. In reply to a question on vacancy rates, Ms Church revealed that there were currently 62 technician and paramedic jobs available in Norfolk and Suffolk. Teresa Church outlined the changes taking place locally, referring to details of present and proposed cover at Cromer, Fakenham and North Walsham ambulance stations, as circulated. Following an anecdote from Mrs Claussen-Reynolds concerning the difficulties of an ambulance crew from Ipswich in travelling between Stiffkey and North Walsham, Ms Church , in agreeing to look into this incident, explained that once an ambulance had arrived in Norwich from Cromer, it could be re-routed to any emergency. An ambulance from Ipswich would not normally find itself in North Norfolk, but this showed how crews could become displaced. Mr R Oliver, thanking the representatives for an excellent presentation, said that the 999 response times were not good enough for the people of North Norfolk who, he hoped, were not losing out through preferential treatment in more urban areas in order to maximise target compliance. Mr Leaman assured Members that this was not the case. He mentioned more ways in which the local community could help improve the service in North Norfolk, for example through the appointment of more community first responders, or even through sponsorship. More local commissioning presented a greater opportunity to become involved. Mrs A Green referred to discussions at parish councils on the merits of acquiring a defibrillator and sought advice on this. Mr Leaman felt that the purchase of such a piece of equipment, at a cost of around a thousand pounds, was an excellent investment. The equipment was simple to use, cost effective and an asset to any community. Mrs Claussen-Reynolds asked how the service’s objective of a paperless office was progressing. Mr Leaman said that this was some way off, but would eventually lead to much easier maintenance and transfer of records. The Chairman mentioned recent publicity on a review of rural services. Mr Hartley explained that the terms of reference for a capacity review were currently being formulated and agreed to forward details to the Council as soon as they were available. Mr Leaman suggested that he and his colleagues come back, once the review was under way, to enlist the Council’s support. The Committee agreed with the Chairman’s suggestion that an update be considered at the meeting on18 December, in the light of the further financial and response time details promised and any more information on the capacity review. Members expressed their appreciation to Ms Church, Mr Hartley and Mr Leaman for a very helpful and candid presentation and the Chairman thanked the representatives for their attendance. The meeting concluded at 12.54pm. ____________________ Chairman Overview and Scrutiny Committee 8 80 21 November 2012 Agenda Item 17 13 DECEMBER 2012 Minutes of a meeting of the DEVELOPMENT COMMITTEE held in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present: Councillors Mrs S A Arnold (Chairman) B Cabbell Manners (Vice-Chairman) M J M Baker Mrs L M Brettle Mrs A R Green R Shepherd B Smith Mrs A C Sweeney Mrs V Uprichard J A Wyatt Miss B Palmer – substitute for R Reynolds E Seward – substitute for P W High N Smith – substitute for J H Perry-Warnes Ms V R Gay - North Walsham West Ward B J Hannah – Sheringham North Ward Mrs A M Moore – North Walsham West Ward P W Moore – North Walsham East Ward R Smith – Sheringham North Ward Officers Mr S Oxenham – Head of Development Management Mr R Howe – Planning Legal Manager Mr G Lyon – Team Leader (Enforcement and Special Cases) Mr G Linder - Senior Planning Officer Miss J Medler – Senior Planning Officer Mr S Coleman – Development Control Officer (NCC Highways) Mr D Mortimer - Development Control Officer (NCC Highways) (142) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillor Mrs P Grove-Jones, P W High, J H Perry-Warnes and Councillor R Reynolds. Three substitutes were in attendance as listed above. (143) MINUTES The Minutes of a meeting of the Committee held on 8 November 2012 were approved as a correct record and signed by the Chairman. (144) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which she wished to bring before the Committee. (145) DECLARATIONS OF INTEREST All Members had received many representations on a number of applications on the agenda. Development Committee 1 81 13 December 2012 Agenda Item 17 (146) CROMER – ENF/10/0002 – Unauthorised installation of a shopfront and roller shutter and display of illuminated advertisements within Cromer Conservation Area at 57 Church Street by Iceland Foods Ltd The Committee considered item 1 of the Officers’ reports which gave an update on the current situation with regard to unauthorised works at the premises and requested instructions with regard to further action. The Team Leader (Enforcement and Special Cases) reported that an agent acting for Iceland Foods Ltd had indicated that a proposal for an amended shopfront design would be submitted before Christmas. He requested the Committee’s views as to how it wished to proceed in this matter. Councillor B Cabbell Manners, the local Member, stated that Iceland had had ample opportunity to negotiate with regard to the shopfront and had failed to do so. He considered that prosecution proceedings should be commenced if an amended scheme had not been submitted by 10 January 2013 and requested that a report be submitted to the Committee meeting on that date to endorse the action. The Planning Legal Manager stated that the Council’s Solicitor would be instructed to commence proceedings but it was then for the Court to decide when the case would be listed. The Head of Development Management advised that this matter could be raised as urgent business at the meeting on 10 January if it were necessary. It was proposed by Councillor B Cabbell Manners, seconded by Councillor N Smith and RESOLVED unanimously That the Committee is minded to commence prosecution proceedings for non-compliance with the Enforcement Notice in the event of Iceland Foods Ltd failing to submit an amended proposal for the shopfront by 10 January 2013. (147) SHERINGHAM – Enforcement enquiry ENQ/12/0141 – Construction of singlestorey extension in materials not in accordance with planning permission reference PF/11/0204, 34 Augusta Street The Committee considered item 2 of the Officers’ reports which sought agreement not to take action in respect of a breach of conditions in relation to materials used to construct a two-storey/single-storey extension. The Senior Planning Officer reported that this matter related to 34 Augusta Street and not 24 as stated in the report. Councillor R Shepherd, a local Member, considered that the flints would weather and be less obtrusive in a short period of time. He expressed concern that Officer time had been wasted by an unnecessary complaint. It was proposed by Councillor R Shepherd, seconded by Councillor B Cabbell Manners and RESOLVED unanimously That no further action be taken in this case. Development Committee 2 82 13 December 2012 Agenda Item 17 PLANNING APPLICATIONS Where appropriate the Planning Officers expanded on the planning applications; updated the meeting on outstanding consultations, letters/petitions received objecting to, or supporting the proposals; referred to any views of local Members and answered Members’ questions. Background papers, including correspondence, petitions, consultation documents, letters of objection and those in support of planning applications were available for inspection at the meeting. Having regard to the above information and the report of the Head of Planning and Building Control, the Committee reached the decisions as set out below. Applications approved include a standard time limit condition as condition number 1 unless otherwise stated. (148) HOLT - PF/12/0604 - Erection of side, front and rear extensions; 16 Cromer Road for Mrs Hill The Committee considered item 3 of the Officers’ reports. Public Speaker Mrs S Hill (supporting) Councillor M J M Baker stated that both he and Councillor P W High, as local Members, had been approached by a number of people who were concerned that the proposal was overdevelopment. However, there were no objectors present at the meeting. He considered that this was a borderline case. He stated that whilst the amenity area met current standards for new buildings, this was an older part of Holt. He was concerned that the proposal would set a precedent for similar development in this area and erode its character. Councillor B Cabbell Manners considered that there was no reason to refuse this application and proposed approval in accordance with the Officer’s recommendation. Councillor R Shepherd stated that the scheme would bring a derelict property back into use which was an objective of the Council. He seconded the proposal. RESOLVED by 11 votes to 0 with 1 abstention That this application be approved subject to the imposition of appropriate conditions. (149) HOLT - PF/12/0999 - Siting of freezer and condensing units; 39 Hempstead Road for Wilson Hotel Group The Committee considered item 4 of the Officers’ reports. The Senior Planning Officer reported that the condenser unit would be located away from the neighbouring property and the freezer itself would not create noise. Councillor M J M Baker, a local Member, asked if planning permission had ever been given for change of use from distribution to manufacturing. The current application now proposed intensification of the manufacturing use. He expressed concern regarding possible noise disturbance. Development Committee 3 83 13 December 2012 Agenda Item 17 The Head of Development Management stated that it appeared that no permission had been granted for change of use. He asked if the Committee wanted to pursue this matter. In response to concerns raised by Members regarding noise, the Senior Planning Officer stated that Environmental Health had no objection subject to the condenser being installed in accordance with the manufacturer’s details. In response to a question from Councillor R Shepherd regarding monitoring of noise by Environmental Health, Councillor Baker considered that it would not be necessary as noise nuisance would be reported to him or Environmental Health by the local residents. It was proposed by Councillor B Cabbell Manners, seconded by Councillor B Smith and RESOLVED That the Committee considers that it is not expedient to take action in respect of the change of use of the premises. It was proposed by Councillor B Cabbell Manners, seconded by Councillor R Shepherd and RESOLVED by 10 votes to 0 with 2 abstentions That this application be approved subject to the imposition of a noise control condition as set out in the report. (150) HOVETON - PF/12/1166 - Extension to boat building workshop; Landamores, Tilia Business Park, Tunstead Road for Tilia Business Park The Committee considered item 5 of the Officers’ reports. Public Speaker Mr C Hovey (supporting) The Senior Planning Officer reported that Environmental Health had no objection subject to the imposition of conditions in respect of hours of operation of plant and machinery, delivery times, noise and pollution control measures and external lighting. The Senior Planning Officer reported that a letter and email had been received from the agent in response to a request for further information, including clarification of land ownership issues, confirmation that there is an option to purchase additional land to enable the creation of an alternative access and information regarding boat movements and staffing. The Senior Planning Officer read to the Committee an email received from Councillor N D Dixon, the local Member, who had no objection to the principle of the development and had requested the imposition of a number of conditions in respect of noise, dust and odour control to mitigate the impact of the development on nearby residents. Development Committee 4 84 13 December 2012 Agenda Item 17 The Senior Planning Officer summarised the contents of an email which had been received from the Highway Authority clarifying its objection to the application on the basis of the number of large vehicle movements into and out of the site. An alternative access on Belaugh Road would negate these objections and the Highway Authority had requested that no development take place until an alternative access was in place. The Senior Planning Officer recommended that this application be approved subject to the imposition of appropriate conditions to include those required by the Environmental Health Officer and the Sustainability Co-ordinator. The reason for this recommendation was that whilst the views of the Highway Authority had been carefully considered, the proposed extension would result in a limited number of supervised boat movements and there would be overwhelming economic development benefits as a direct result of approval of the application which were considered to outweigh the Highway Authority’s objection. Councillor B Cabbell Manners stated that this application would create jobs, was located in a business park, and only eight additional large vehicles per year would access the site. He proposed approval of this application as recommended. Councillor M J M Baker considered that the boat builder should be applauded for investing during the current recession. He seconded the proposal. The Planning Legal Manager stated that, in his opinion, there were no Human Rights issues that would prevent approval of this application as recommended. RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions to include those required by the Environmental Health Officer and the Sustainability Co-ordinator. (151) NORTH WALSHAM - PF/12/0931 - Erection of replacement single-storey/twostorey rear extensions and insertion of windows to front elevation; 21 Station Road for Mr & Mrs N Dyke Councillor E Seward stated that he was a member of North Walsham Town Council and had come to the meeting with an open mind. The Committee considered item 6 of the Officers’ reports. Public Speaker Mrs J van Larwick (objecting) Councillor Mrs A M Moore, a local Member, considered that the proposed extension would be overbearing on the neighbouring dwellings. She also considered that the proposed wooden cladding was out of keeping and requested that, if the Committee were minded to approve the application, negotiations take place on this matter. The Senior Planning Officer explained that the Local Planning Authority had no control over the cladding. Whilst it might be possible to negotiate an alternative finish, the applicant could withdraw the cladding from the scheme and install it under permitted development rights at a later date. Development Committee 5 85 13 December 2012 Agenda Item 17 Councillor Ms V R Gay, a local Member, considered that the proposal would be overbearing and result in loss of light to the neighbouring dwelling. She also considered that the proposed front elevation was not in keeping with the architecture of Station Road. She requested refusal of this application, or negotiations in respect of the cladding to the front elevation and overbearing nature of the proposed extension. It was proposed by Councillor B Cabbell Manners, seconded by Councillor B Smith and RESOLVED by 9 votes to 1 with 2 abstentions That the Head of Development Management be authorised to approve this application subject to negotiations for the removal of the cladding to the front elevation. (152) NORTH WALSHAM - PO/12/0962 - Erection of one and a half storey replacement dwelling and building for storage and repair of plant and machinery; Land opposite Orchard Farm, Marshgate, Spa Common for Mr & Mrs Cushion Councillor E Seward stated that he was a member of North Walsham Town Council and had come to the meeting with an open mind. The Committee considered item 7 of the Officers’ reports. The Senior Planning Officer reported that the applicant would be willing to agree to restricted hours of work. Councillor P W Moore, a local Member, stated that he knew the agent and lived close to the site. He had called in the application as concerns had been raised by a neighbour. However, he was happy to support the application subject to the imposition of conditions to restrict the permission to the applicant and his family. The Head of Development Management explained that the imposition of a personal condition was possible, although it was unusual. He suggested limiting the occupancy of the dwelling to the operators of the business. At the request of Councillor P Moore, he explained that the Environmental Protection Officer was happy with an hours of use condition and would provide noise control conditions if required. It was proposed by Councillor B Cabbell Manners, seconded by Councillor E Seward and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions to include restrictions on hours of use and occupation of the dwelling being limited to the operators of the business. Development Committee 6 86 13 December 2012 Agenda Item 17 (153) RYBURGH - PF/12/0904 - Change of use from residential to mixed use of residential and A5 (hot food takeaway); 19 Station Road, Great Ryburgh, for Mr Buxton The Committee considered item 8 of the Officers’ reports. Public Speaker Mrs N Felmingham (objecting) Mr C Buxton (supporting) The Senior Planning Officer reported that the reference to “unclassified road” in the report should read “classified road”. Councillor Mrs A R Green, the local Member, stated that she understood the Parish Council had withdrawn its objection to this application. She considered that customers would park on a straight section of the road where there had been commercial premises. She stated that the main opening hours would be from 4pm to 9.30 pm when there would not be a problem with lorries. She considered that the business would help the continued sustainability of the village. For these reasons she proposed approval of this application but requested that the Highway Authority install zigzag lines on the bend. The Development Control Officer (Highways) confirmed that there was an opportunity to introduce waiting restrictions in this area. In response to a question by the Chairman, Mr Buxton stated that he understood the Highway Authority would repaint the zigzag lines outside the school. Councillor B Cabbell Manners seconded the proposal. In answer to a question by Councillor M J M Baker, the Senior Planning Officer explained that the applicant had requested flexible opening hours between 11 am and 9.30 pm on Tuesdays to Sundays. Mr Buxton clarified that preparation time would be throughout the day, with opening times being 12 noon to 2pm and 4pm to 9.30 pm. Councillor E Seward expressed concern that customers would park on the bend. Councillor Mrs A R Green considered that customers would park on the straight part of the road. It was proposed by Councillor Mrs A R Green, seconded by Councillor B Cabbell Manners and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions to include opening hours between 11 am and 9.30 pm on Tuesdays to Sundays. Development Committee 7 87 13 December 2012 Agenda Item 17 (154) SHERINGHAM - PF/12/1105 - Variation of Condition 21 of planning permission: 10/0920 to delete reference to 'playing pitch'; Land at Cromer Road for Tesco Stores Ltd Councillor B J Hannah, a local Member, declared a personal interest in this application as he was a governor of Sheringham High School. The Committee considered item 9 of the Officers’ reports. Public Speaker Mr R Hewitt (Sheringham Town Council) The Team Leader (Enforcement and Special Cases) drew the Committee’s attention to the options which had been put forward by the applicant. He reported that Sheringham Town Council had agreed to withdraw its objection subject to the completion of a Section 106 Obligation to require the sum of £60,000 to be paid to North Norfolk District Council prior to demolition of the community centre taking place, which will be passed on to the Town Council for improvements to existing sports facilities in Sheringham. The Town Council would decide how the money would be spent. The Team Leader (Enforcement and Special Cases) requested delegated authority to approve this application subject to the completion of a Section 106 Obligation to secure a contribution of £60,000 payable prior to demolition of the community centre. In response to a question by the Chairman, Mr Hewitt stated that a requirement to spend the money within a reasonable timescale would be acceptable to the Town Council. Councillor R Smith, a local Member, supported the Officer’s recommendation and urged the Committee to agree. Councillor B J Hannah, a local Member, supported the proposed approach and requested a speedy conclusion to this matter. The Planning Legal Manager advised the Committee that the proposed Section 106 Obligation met the tests in the National Planning Policy Framework. He suggested that the obligation be worded to provide for the contribution to be used for provision or improvement of sport or recreation facilities in Sheringham with a three-year time limit for expenditure following receipt. He stated that, in his opinion, there were no Human Rights issues that would prevent delegated approval of this application as recommended. Councillor M J M Baker expressed concern that the proposed option would result in a net loss of a significant playing area. He considered that the applicants should provide a playing area rather than a contribution which could be used for lighting or equipment. The Team Leader (Enforcement and Special Cases) explained that the provision of a play area would place an additional burden of maintenance on the Town Council. The proposed contribution would widen the Town Council’s scope to improve sports facilities in the town. The Planning Legal Manager stated that if the Town Council wished to use the funds to install floodlighting it would allow the existing facilities to be available for an extended period. Development Committee 8 88 13 December 2012 Agenda Item 17 It was proposed by Councillor R Shepherd, seconded by Councillor B Smith and RESOLVED by 11 votes to 0 with 2 abstentions That the Head of Development Management be authorised to approve this application subject to the completion of a Section 106 Obligation to secure a contribution of £60,000 payable prior to demolition of the community centre, the funds to be payable to North Norfolk District Council and transferred to Sheringham Town Council for the provision or improvement of sport or recreation facilities in Sheringham, subject to expenditure within three years of receipt. (155) THORPE MARKET - PF/12/0936 - Retention and conversion of garage/store to one unit of holiday accommodation; Nursery Farm, Cromer Road for Mr Barr and Ms Black The Committee considered item 10 of the Officers’ reports. The Chairman stated that she had no comment to make as local Member for this application. The Senior Planning Officer referred to the Highway Authority’s concerns regarding the sign and reported that the applicant had stated that the sign had now been set back, although this had not been confirmed. It was proposed by Councillor B Cabbell Manners, seconded by Councillor B Smith and RESOLVED by 11 votes to 0 with 1 abstention That this application be approved subject to the imposition of conditions to include the provision of visibility splays, holiday use only, the accommodation to be available to let for a minimum of 140 days, the keeping of a register of lettings, removal of permitted development rights for extensions, the sign to be set back or removed and conditions required by the Highway Authority. (156) WORSTEAD - PF/12/1049 - Erection of replacement garage with games room in roof space and the retention and conversion of cart shed to one unit of holiday accommodation; Bengate Barn, Yarmouth Road, Bengate for Mr K Jeffries The Committee considered item 11 of the Officers’ reports. Public Speaker Mrs D Wilkinson (supporting) Councillor E Seward considered that this proposal was a legitimate use of a building for a holiday business. The building had to be fit for purpose if it were to be let. He proposed approval of this application. The Head of Development Management explained that the original cart shed had been rebuilt, which required planning permission which this application sought to address. However, the adopted policy in respect of conversion of buildings in the Countryside required that buildings had to be suitable for conversion without substantial rebuilding. Development Committee 9 89 13 December 2012 Agenda Item 17 In answer to a question by the Chairman, the Head of Development Management stated that there was no defined period of time before a building could be considered for conversion. However, there was an assumption that the policy related to traditional buildings which had stood for at least 50 years. In this case the Committee was being asked to consider a building which had recently been rebuilt. Councillor M J M Baker seconded the proposal for approval. He considered that this type of development was needed in North Norfolk. Councillor B Cabbell Manners considered that, whilst the sequence of events had been wrong and policy was not therefore complied with, permission would have been given for conversion of the original building. At the request of Councillor Mrs A R Green, a photograph of the original building was displayed. Councillor Mrs L M Brettle referred to a recent case where planning permission had been refused. She supported the Officer’s recommendation for refusal. Councillor R Shepherd also supported the Officer’s recommendation. Councillor N Smith considered that there was no reason to refuse this application as the replacement building was no larger than the original. The Planning Legal Manager advised the Committee with regard to its reasons for departing from policy. It was proposed by Councillor E Seward, seconded by Councillor M J M Baker and RESOLVED by 9 votes to 3 That this application be approved subject to the imposition of appropriate conditions. Reason: It is considered that the original traditional cart shed building would have been considered suitable for conversion to holiday use and that the economic benefits which flow from this application would contribute to the economic enhancement of the District and outweigh the policy issues in this case. (157) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION The Committee considered item 12 of the Officers’ reports. RESOLVED That site visits be arranged in respect of the following applications and that the local Members and Chairmen of the Parish/Town Councils be invited to attend: CORPUSTY AND SAXTHORPE – PF/12/1113 – Installation of a 5.7mw solar farm; land at Strawberry Lane, Saxthorpe for Saxthorpe Solar Farm Limited Development Committee 10 90 13 December 2012 Agenda Item 17 HOLT – PF/12/0929 - Demolition of existing timber merchant buildings and erection of A1 (retail) food store, associated accesses, car parking and servicing area; Thaxters of Holt Ltd, Old Station Way for Norwood Homes (Westgate) LLP HOVETON – PF/12/1142 – Installation of 12mw solar farm; land at Belaugh Road for Trafford Estate Solar Park Ltd NORTH WALSHAM – PF/12/1046 – Change of use from B1 (business) to D1 (place of worship/church hall) at 1A St Nicholas Court, Vicarage Street for New Life Church North Walsham POTTER HEIGHAM – PF/12/1141 – Change of use of building to B2 (General Industrial) and B8 (Storage) at Rose Farm, Green Lane for Mr S Hill SCOTTOW – PF/12/1094 – Installation of a 12.7mw solar farm; land off Scottow Road for Shaw Coltishall Solar Park Limited WALSINGHAM – PF/12/1256 - Construction of biomass renewable energy facility with associated landscaping and vehicular access; North Creake Airfield, Holkham Estate, Egmere for Egmere Energy Ltd WALSINGHAM – PF/12/1318 - Construction of 22 MW solar photovoltaic farm and associated works including inverter housing, landscaping and security measures; Land at North Creake Airfield, Egmere for Solar Power Generation Limited (158) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 13 of the Officers’ reports. (159) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 14 of the Officers’ reports. (160) NEW APPEALS The Committee noted item 15 of the Officers’ reports. (161) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 16 of the Officers’ reports. (162) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 17 of the Officers’ reports. (163) APPEAL DECISIONS The Committee noted item 18 of the Officers’ reports. The meeting closed at 12.25 pm. Development Committee 11 91 13 December 2012 Agenda Item 17 Agenda item no._______4_______ OVERVIEW AND SCRUTINY Minutes of a meeting of the Overview and Scrutiny Committee held on 18 December 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr E Seward (Chairman) Ms V Gay Mrs A Green Mr B Jarvis Mr P W Moore Officers in Attendance: Members in Attendance: Mr B Smith Mr N Smith Mr P Terrington The Chief Executive, Head of Economic and Community Development, the Head of Finance, the Housing Team Leader - Strategy, Coast and Community Partnerships Manager, the Health Improvement Officer and the Scrutiny Officer. Mr T FitzPatrick, Mrs A Fitch-Tillett, Mrs B McGoun, Mrs A Moore, Ms B Palmer, Mr R Price, Mr R Shepherd and Mr D Young Democratic Services Officer (AA) 102 APOLOGIES FOR ABSENCE Mrs A Claussen-Reynolds, Mr J H Perry-Warnes, Mr R Reynolds and Mr R Smith. 103 SUBSTITUTES Mrs B McGoun for Mr R Smith, Mr R Shepherd for Mr J H Perry-Warnes and Mr R Price for Mr R Reynolds. 104 PUBLIC QUESTIONS Mr B Elliott, Chairman of North Walsham Hospital League of Friends wished to speak on item 11 – Presentation – North Norfolk Clinical Commissioning Group – Commissioning Strategy – 2012-2016. 105 MINUTES Minute 101 Presentation – East of England Ambulance Service Trust The Chairman asked that the first sentence of the third paragraph be amended to read: “Mr Hartley informed the meeting that the Trust had been set a cost improvement target of £10.6m, out of a total budget of £227m for the current financial year.” Overview and Scrutiny Committee 18 December 2012 92 Agenda Item 17 Subject to the above amendment, the minutes of the meeting of the Committee held on 21 November 2012 were approved as a correct record and signed by the Chairman. 106 ITEMS OF URGENT BUSINESS None received. 107 DECLARATIONS OF INTEREST Member(s) Mr R Price Minute No. 114 Item Interest Big Society Fund Update Report Personal – is assisting organisation with their application to the fund 108 PETITIONS FROM MEMBERS OF THE PUBLIC None received. 109 CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None received. 110 RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS OR RECOMMENDATIONS It was noted that Cabinet had decided not to accept the Committee’s recommendation to call in its decision on North Walsham Dual Use Sports Centre. 111 THE FORWARD PLAN AND DEMOCRATIC SERVICES WORK PROGRAMME Noted. 112 PRESENTATION – NORTH NORFOLK CLINICAL COMMISIONING GROUP – COMMISSIONING STRATEGY – 2012-2016 Rebecca Champion – Engagement Manager and Ellis Laywood - Clinical Programme Manager both of North Norfolk Clinical Commissioning Group made a presentation to the meeting with the aid of powerpoint. The presentation was to look at how North Norfolk Clinical Commissioning Group and North Norfolk District Council could work in partnership to bridge the gap between health and well-being.. They then answered Members questions: a) Mr Brian Elliott, Chairman of North Walsham Hospital League of Friends, who was attending the meeting for this item, commented that the Strategy’s ideals were very laudable with a few exceptions. The literature was the same as that used by NHS Norfolk a few years ago. He could not see how it was going to save money. There seemed to be more discussion groups. The ideas were not new and he queried why changes had to be made. There was a desperate shortage of carers. The Strategy contained many wonderful ideas but how would they be financed? Ellis Laywood replied that the initiative was imposed by the Government. The cap on management Overview and Scrutiny Committee 18 December 2012 93 Agenda Item 17 b) c) d) e) f) g) h) i) j) costs was much lower than the Primary Care Trust (PCT) The Strategy had been led by local clinicians who knew their community. Services would be better located. They were a commission-led organisation. In terms of the Community Trust, they would work very closely with them and improve community hospital services. Mr N Smith expressed concern about mental health issues. He considered there was a lack of cohesion between mental health and doctors. Mentally ill people did not want to speak to volunteers. Ellis Laywood said they were working as hard as they could to build bridges with the Mental Health Trust. They were going through a radical redesign of their programme. GPs shared concerns on links between primary care and the community to access public health. Rebecca Champion added that previously it was not possible to get access to consultants. It would mean a quicker response. Mrs B McGoun said she would like to see a pro-active service. We lived in a ‘Tescoised’ world where people expected services 24/7. She asked whether GPs surgeries would be open at the weekend and whether there would be the opportunity to do something different. Ellis Laywood replied that they had to provide the activities most needed at the time. They were trying to ensure all GP practices had standard opening times but would look at whether there could be additional benefit from increasing services. They could only offer what they could afford. The Chairman said that up to 50% of ambulance calls were not an emergency. At weekends, there was no-one else people could contact. Rebecca Champion said that Norfolk had launched a ‘111’ service for anything urgent which was not an emergency. Advice would be given on what to do, ending up with contacting a GP. Mrs A Green considered that there should be a GP on duty at night in order to reduce the number of 999 calls made. Ellis Laywood replied that out of hours services were provided by a contract. They were moving to 111 calls and the person you would speak to would most likely be a GP. Mr P Terrington said Wells Community Hospital was trying to expand services. He asked how community hospitals were represented on the Board and whether local community groups could help and introduce services for local people. Ellis Laywood said they didn’t have a place on the Board as they were potential local providers. There was going to be a difficult transition period. They were fortunate to have so many community hospitals. Ellis Laywood responded to Mr P Moore’s questions. The Group was working to try and resolve problems on ambulance waiting times. No decision had yet been made on which clinical commissioning group was to have responsibility for the ambulance service. Performance was being monitored. Funding for the Ambulance Services for the East of England was currently held by Bedfordshire. Ms V Gay said diabetes was a significant problem in North Norfolk and asked whether there were any other illnesses which we should be aware of. Ellis Laywood said cardiovascular conditions and respiratory diseases were also of great concern, although diabetes was of the greatest concern. Other less crippling issues were also on the rise. They were working with local authorities to monitor this and keep people in the best possible health. Mr B Smith referred to Mr Brian Elliott’s comment about the lack of carers in the District. There were many elderly and infirm people here who were moved around and had little contact. He asked how the Group would remedy this. Out of hours GPs seemed reluctant to come out. Patients preferred to have contact with their own GPs. Rebecca Champion said that she had referred to informal carers such as family. The NHS realised how important that was and that they needed support. A unified service was planned. To recruit and train formal carers was a problem which had been around a long time. It was about giving value to that work. It was a huge role for the voluntary sector. Mr N Smith said that the day before, two organisations at national level had found that voluntary help for mentally ill people was second to none. This needed to be Overview and Scrutiny Committee 18 December 2012 94 Agenda Item 17 recognised. Rebecca Champion said that the care of support workers was being piloted in GPs’ surgeries. Hopefully, this would be rolled out more widely. k) The Chairman referred to the role of patient groups and the concerns expressed in the strategy about orthopaedics. In the past, concerns had been raised about physiotherapy. Rebecca Champion said that patient groups based around surgeries were in existence. Every practice in North Norfolk had a group. They helped the practice to look at day to day matters such as parking and accessibility for the old and young. Practice-based commissioners had looked at this area in a more strategic way and it had been well received. Lay members had been appointed by the NHS framework and had a role to make sure the Group evolved appropriately in these areas. l) Ellis Laywood said that the local trust and Norfolk and Norwich Hospital were struggling to meet targets for orthopaedics but hoped to do so by February 2013. They had identified patients in North Norfolk who had been waiting a long time and were offered other providers. Physiotherapy was part of that pathway. They were working to improve that and would recommission that service next year to achieve acceptable waiting times. m) Mrs A Fitch-Tillett said she had taken over as Shadow Member on the Health and Wellbeing Board at Norfolk County Council. There were 12 emergent priorities, all of which would be part of everyday work at Norfolk County Council. She would circulate details later. n) The Chairman thanked Ellis Laywood and Rebecca Champion for their presentation. Perhaps they could come back in 12 months to show what progress was being made. o) Mr P Moore thanked Brian Elliott for the work which he and the Friends of North Walsham Hospital did. 113 2012/13 REVISED BUDGET The base budget for 2012/13 was approved by Full Council on 22 February 2012. The budget was updated as part of the 2011/12 final accounts report for the carry forward of funding from the year end process. The budget had continued to be monitored throughout the year to date and reported to Members accordingly. The report was now being presented for approval the 2012/13 revised budgets for revenue and capital. a) The Chairman asked why earmarked reserves had to be kept at certain levels. He was informed that earmarked reserves were for known items of expenditure coming up. b) Ms V Gay queried the difference in figures shown for the original budget. The Head of Finance explained that this was due to fluctuations over the year. c) Mr D Young asked whether the underspend on the Big Society related to expenditure on Community and Localism. The Head of Finance explained that £101,000 was the amount of variance. This amount would be transferred to reserves if it was not used in a year. d) Ms V Gay queried the sum of money in reserves for North Norfolk Enterprise Innovation Centre. Officers confirmed this was part of the Leadership of Place budget for North Walsham. RECOMMENDED to Full Council a) The revised revenue budget for 2012/13; b) The revised transfers to and from reserves as detailed within Appendix D; c) A transfer of £1,398 to the general reserve; d) The revised capital programme and associated financing as included at Appendix E including the additional sum of £37,084, subject to a lift engineer’s report, be made Overview and Scrutiny Committee 18 December 2012 95 Agenda Item 17 available to fund refurbishment works to the Rocket House, to include the full renewal and upgrade of the lift system and £21,000 for the replacement scanner and printer for the Planning service, both to be funded from capital receipts. The meeting was adjourned at 11.05 am and reconvened at 11.20 am. 114 BIG SOCIETY FUND UPDATE REPORT a) Mr T Ivory thanked the Coast and Community Partnerships Manager and his team for compiling the report. Members had worked together in a cross-party way and there had been no split decisions. b) The Chairman referred to the minutes of the Committee meeting on 31 January 2012 where the two Members nominated to review the workings of the Big Society Fund were Mr N Smith and Mr G Williams. c) Mrs B McGoun commented that there appeared to be many nominations from village halls and very few innovative projects. She had been involved with the Horning Boat Show. She asked whether enough was being done to look for opportunities in the area. Mr Ivory confirmed that while many applications had been received from village halls, the Board was keen to see applications which innovate and would lead to others. He asked Members to encourage local groups to apply. d) Mr N Smith was concerned that filling out application forms was an art form and that some groups may have been turned down because they had not made their case well. Mr Ivory advised that Voluntary Norfolk provided support for this on behalf of the Council. He was not aware, however, that any group had been turned down because of that. e) Mr P Terrington was very grateful for the grants approved for Wells. f) Mr P Moore suggested that groups could also be encouraged to apply to other organisations for funding before applying to the Big Society. He asked how Members could assist in promoting applications as he considered that the Council’s Outlook magazine was perhaps not the right place to do this. Mr Ivory replied that groups could contact Norfolk Community Foundation and they would advise on the most appropriate fund for a project.the Big Society Fund and it would be up to them to say whether they would be able to help. Members’ suggestions about how the Fund was promoted could be taken on board. g) Ms V Gay asked whether there was an explicit definition of what type of applications would be ineligible for funding, for example if a group’s goals were not in line with those of the District Council. Mr Ivory explained that bodies already receiving funding from the Council would not normally be considered unless it was for a new and different project. If a group was in receipt of regular Council funding, the group would need to look at other ways rather than applying straight to the Big Society Fund. He added that it was a great opportunity for local communities. h) Mr B Jarvis, a Member of the Board, said he would like to see funding made more accessible for smaller groups. i) In response to questions, it was explained that match-funding was taken into account with some applications, although it was not a requirement. Perhaps successful applications could be monitored to see whether the total amount of funding achieved was being maximised. North Norfolk Community Foundation was monitoring applications and the Council would evaluate whether the funding had achieved its purpose. A report would be made to Cabinet in March. j) Mrs B McGoun hoped that any changes to funding would not adversely affect community transport. She was assured that this should not happen as it was separately funded and a separate review of this was taking place. Overview and Scrutiny Committee 18 December 2012 96 Agenda Item 17 RECOMMENDED to Full Council 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) is established to work with Officers to review the North Norfolk Big Society Fund. b) A report is 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. 115 HOUSING ALLOCATIONS SCHEME a) In response to a query over whether more homes would be allocated to those who had connections to towns and villages in North Norfolk, the Housing Team Leader – Strategy advised that modelling had shown it would increase the number of properties which did, but it was not possible to give figures now as the Scheme was not yet in operation. b) The Council had reviewed its Allocations Scheme to reflect the changes in legislation introduced by the Localism Act and statutory instruments. The changes ensured that the Council’s Allocation Scheme complied with all statutory requirements whilst also ensuring that it maximised the number of affordable dwellings which would be occupied by households with connections to towns and villages in North Norfolk. The new Allocations Scheme would be delivered through the Your Choice Your Home scheme which was a partnership between the Council and 8 Housing Associations. Once adopted, the new Allocation Scheme would be used to allocate properties from April 2013. c) The Housing Team Leader - Strategy was thanked for preparing the report. d) The Chairman highlighted the difficulty which the Council had in providing allocations for a limited amount of social housing and in trying to match housing need against local preferences on where people wanted to live. e) Mr B Smith reported that Blakeney Parish Council was in favour of the proposed Housing Allocation Scheme. f) Mr D Young wondered whether it was clear that ‘local connection’ meant North Norfolk. The Housing Team Leader - Strategy explained the approach which the Council would be taking following the adoption of the Scheme and that the Scheme reflected the requirements of legislation which set out the definition of local connection. g) Mr P Moore asked whether the Council was open to challenge with the new policy. Mr T Ivory responded that the new system completely protected statutory housing need and complied with statutory requirements. h) Mr B Jarvis referred to someone in his ward being evicted because his housing need was not strong enough. The Housing Team Leader - Strategy explained that the homelessness legislation set out a range of duties to a homeless household and the Council did not have a duty in all cases to house them, so for example, if someone was homeless but not vulnerable, the Council would only have a duty to provide advice and assistance. i) The Chairman suggested that the Committee request a monitoring report after 12 months. RECOMMENDED to Full Council To agree to the adoption of the Housing Allocations Scheme to Full Council, but in agreeing to this the Overview and Scrutiny Committee would wish to see a monitoring report 12 months after the scheme was implemented. Overview and Scrutiny Committee 18 December 2012 97 Agenda Item 17 116 EMPTY HOMES POLICY a) The Council was committed to reducing the number of empty homes. The Empty Homes Policy provided a policy context for work to bring empty homes in North Norfolk back into use. It set out why empty homes should be brought back into use and it detailed the Empty Homes Procedure and the approaches which would be used to bring empty properties back into use, including what advice and support would be offered and when and what types of enforcement action could be used. b) Mr T Ivory said the way in which the Policy worked had been looked at. Flexibility was needed on the council tax definition of an empty home. He suggested that the Council included its own definition of what it considered to be empty ie a house that was empty for more than six months. Members supported the idea of a definition of an empty home as it would add a great deal of clarity. A meeting was to take place with the Valuation Office about their criteria in respect of de-listed properties. c) The Chairman asked how many properties had been empty for more than two years as recent legislation enabled councils to charge a council tax premium on such properties. He also commented that it was resource-intensive to bring empty homes back into use. Mr Ivory said he could find out how many there were. Properties which had been empty for more than two years were the ones which created concern for residents. RECOMMENDED to Full Council To agree to the adoption of the Empty Homes Policy 2012-15, but to request that a monitoring report is presented to the Committee 12 months after the scheme was implemented. 117 OVERVIEW AND SCRUTINY UPDATE a) The Scrutiny Officer reported that the Cabinet had not accepted the Committee’s callin concerning North Walsham Dual Use Sports Centre. b) Information which Members had requested on the Ambulance Service was attached to the agenda and was in the Members’ Bulletin. Information was awaited concerning ‘A Typical Day for a Cromer Ambulance’ c) The date of the next Committee meeting had been brought forward from 23 to 16 January 2013 to allow for a special meeting of Full Council on 23 January to consider the Council Tax Support Scheme and the Determination of Council Tax Discounts and Level of Charges for 2013/14. d) An update from the Health Improvement Officer was attached. e) Recommendations from the Public Transport Review Task and Finish Group were attached. Both Council Leaders had signed the letter requesting action from Norfolk County Council. The Scrutiny Officer would try to obtain a response and report back to Members. f) The work programme for the Norfolk Health Overview and Scrutiny Committee was attached. g) On 7 March 2013 a report would be made by the East of England Ambulance Service NHS Trust, Norfolk and Norwich University NHS Foundation Trust and NHS Waveney to the Norfolk Health Overview and Scrutiny Committee to consider the Ambulance turnaround times at the Norfolk and Norwich Hospital. It was hoped that Mrs A Claussen-Reynolds would be able to attend and give feedback. h) A letter from the Scrutiny Officer at Norfolk County Council had recently been received concerning a questionnaire they were undertaking on mobile phone network coverage in Norfolk. It would be interesting to see how this area compared Overview and Scrutiny Committee 18 December 2012 98 Agenda Item 17 with others. The Scrutiny Officer could ask that this Council was kept informed. The Chairman suggested that this be drawn to Members’ attention in the Members’ Bulletin and comments invited for submission to the County Council. i) A report on the Big Society had been deferred until a review had been undertaken. j) The Chairman said he would arrange for the Scrutiny Officer and the Health Improvement Officer to clarify the correct Ambulance response rate figures in North Norfolk. k) Ms V Gay confirmed that the Public Transport Review Task and Finish Group had met but both she and Mrs B McGoun had been unable to attend through illness. Mr R Reynolds, the Council’s representative had not attended either as he had been on holiday. The meeting concluded at 12.45 pm. ____________________ Chairman Overview and Scrutiny Committee 18 December 2012 99 Agenda Item 17 Agenda Item 2__ CABINET Minutes of the meeting of the Cabinet held on Monday 7 January 2013 at the Council Offices, Holt Road, Cromer at 10.00 am. Members Present: Mrs A Fitch-Tillett Mr J Lee Mr W Northam Also attending: Mrs S Arnold Mrs A Claussen-Reynolds Mr P High Mrs A Moore Ms B Palmer Mr R Reynolds Mr R Shepherd Mr N Smith Officers in Attendance: Also in Attendance: 90. Mr T Fitzpatrick (Chairman) Mr T Ivory Mr R Oliver Mrs L Brettle Ms V Gay Mr N Lloyd MrPMoore Mr J Punchard Mr E Seward Mr B Smith Mr D Young The Chief Executive, the Corporate Directors, the Head of Finance, the Economic and Tourism Development Manager, the Head of Customer Services, the Communications Manager and the Sustainability Assistant. Mr B Wright and Mr C Rabone (members of the public), the press APOLOGIES FOR ABSENCE None received 91. MINUTES The Minutes of the meeting held on 13 December 2012 were confirmed as a correct record and signed by the Chairman. 92. PUBLIC QUESTIONS None received. Mr B Wright and Mr C Rabone were present as public speakers on Agenda Item 16: Proposed Action in Respect of Structurally Unsound Properties at Star Yard and Long Term Empty Property at No.57 Oak Street, Fakenham (see Minute 95 below). 93. Cabinet ITEMS OF URGENT BUSINESS 1 100 7 January 2013 Agenda Item 17 None received. 94. DECLARATIONS OF INTEREST None received. 95. PROPOSED ACTION IN RESPECT OF STRUCTURALLY UNSOUND PROPERTIES AT STAR YARD AND LONG TERM EMPTY PROPERTY AT NO.57 OAK STREET, FAKENHAM The Chairman agreed to bring this agenda item forward in deference to the two public speakers in attendance. Mr Rabone indicated that he and his wife had only become aware that this matter was to be under consideration today through reading an article in the local press. He hoped that Members appreciated that the problem at Star Yard was not of their making, any more than that it had been caused by the Council. In fact he and his wife had instigated action by contacting the Council because of the danger and disrepair of the properties either side of their own through falling flints etc. As owners of the two storey section of the buildings in Star Yard, the Rabones had been engaged in steadily improving the property until unofficially advised that it may not be a good idea to spend too much time on repairs. This was borne out by advice from surveyors examining the neighbouring property on either side. As far as Mr and Mrs Rabone were concerned, the ideal outcome would be for the rest of the property to be put into good order, allowing them to do the same with their part of the building. Mr Wright, on being invited to address the meeting, accepted that the Star Yard buildings were an eyesore and in poor structural condition. Unable to afford professional help, he had offered to carry out repair work himself. His intention was to make the buildings structurally sound, bricking up the window in line with adjacent buildings. For health reasons, he sought more time to be able to do this and stated that he required at least six months. As far as Cabinet 2 101 7 January 2013 Agenda Item 17 the Oak Street premises were concerned, he confirmed that the property was not empty but was being used for storage of items for his other business. He had boarded up the window and intended to paint it black and continue to use it for storage. In the long term, he wished to establish an antiques shop there, with flats above. In thanking the speakers, Mr T Ivory informed the meeting that the properties had been an issue for many years. The Star Yard property was unsound and presented a serious risk, especially as it was attached to other properties. Time was of the essence and, whilst he hoped to be able to work with the owner to secure a solution within the terms of the recommendation, he said that he felt six months was simply too long for the Council to wait. The Oak Street property, vacant for over twenty years, was an eyesore. He welcomed Mr Wright’s proposals, but action was needed more quickly than was being suggested. This view was supported by Mr Reynolds and Mrs Claussen-Reynolds, ward representatives who had been determined to move this forward on behalf of local residents. Mr Ivory moved the recommendation and was seconded by Mr Lee, who referred to the serious safety issues presented by these properties. Mr Reynolds was pleased to see that this matter had now come before the Cabinet after long negotiations. The shop was situated on a main thoroughfare into the town for pedestrians, cars and buses. The shop was a blot on the character of Oak Street, which comprised pleasant shops, terraced housing interspaced with some modern dwellings and a few short residential lanes leading to meadows. He could remember this shop being in use and totally in keeping with the surrounding area. Its deterioration had become unacceptable to the local people and Town Council several years ago, but various approaches to encourage improvement had been unsuccessful. Since their election in 2011, Mr Reynolds and Mrs Claussen-Reynolds had attended many meetings with the owner and officers of the Council and were still being approached by concerned townspeople. Cabinet 3 102 7 January 2013 Agenda Item 17 Mrs Claussen-Reynolds reiterated these comments and informed Members of the many questions received over the last eighteen months as to when 57 Oak Street would be brought back to a respectable condition. As far as Star Yard was concerned, she was in favour of the protection of the heritage of Fakenham, with many old buildings having been lost, but feared that without prompt attention, and with the onset of winter, these buildings could deteriorate to a condition beyond repair. Ms V Gay agreed in principle with the proposal, but wondered what criteria were used to reach this conclusion in respect of a property. Mr P Moore thought that there were other properties which fell into a similar category and enquired as to the legal powers available for use to enforce action. Mt N Lloyd commented that a decision to enforce repairs or refurbishment could herald a long-winded process. The Corporate Director explained that emergency works had been undertaken at Star Yard, with the cost being charged to the owner. Further emergency works were required and, if the owner was unable to carry out the work, which was necessary to protect the adjoining properties, the Council would have to bear the costs in the short term. The position at Oak Street was not as clear cut, but the buildings were in the same ownership and a good opportunity therefore presented itself to secure improvement through a common approach. In response to Mr Lloyd’s observation, the Corporate Director agreed that there was a risk of setting in train a lengthy process at Star Yard, but the Council did have powers under the Building Acts to bring about a quick resolution. He added that different powers were applicable to either property. Mr Ivory pointed out that there were various powers which could be considered by the Enforcement Board in respect of empty properties and Mr FitzPatrick reminded Members that, if they were aware of any similar situation, then they could bring the matter to the attention of officers. RESOLVED: Cabinet 4 103 7 January 2013 Agenda Item 17 1. To provide authority for officers to make an offer to purchase properties at No.57 Oak Street and Star Yard, Fakenham, based upon advice received from the District Valuer, less any direct costs associated with securing the structure of the buildings, with the objective of undertaking minor works to protect the properties from further deterioration and then seeking t advertise them for sale/redevelopment. 2. In the event of the Council being unable to reach agreement with the owner of the buildings regarding the proposed purchase of the properties by the end of January 2013, Cabinet authorises officers to take enforcement action against the owner of the properties so as to bring about an improvement in their condition and appearance and see them brought back into productive use. Reasons for the decision: To prevent further deterioration in the condition of the properties and then advertise them for sale/redevelopment, or alternatively take enforcement action, to bring about a positive outcome. 96. CONSIDERATION OF ANY MATTER REFERRED TO THE CABINET BY THE OVERVIEW AND SCRUTINY COMMITTEE OR COUNCIL FOR RECONSIDERATION None received. 97. CONSIDERATION OF ANY REPORTS FROM THE OVERVIEW AND SCRUTINY COMMITTEE None received. 98. COUNCIL TAX SUPPORT WORKING PARTY Mr W Northam, Chairman of the Working Party, presented the minutes and referred to the recommendation therein, which was the subject of the next agenda item. RESOLVED: That the minutes of the meeting of the Council Tax Support Working Party held on 23 Cabinet 5 104 7 January 2013 Agenda Item 17 November be received. 99. COUNCIL TAX SUPPORT SCHEME 2013/14 Mr Northam drew attention to two amendments to be made to the report: • • On page 16, paragraph 2.1 to read: “it will not be possible to have one scheme for Norfolk”. On page 19, paragraph 5.1 to replace “form” in the third line with “from”. He explained that the £8.3m paid in Council Tax benefits at present would be replaced by Council Tax Support, a scheme for which had been required to be set up. The Working Party had been established to look into this and had gone out to consultation before making recommendations. Meanwhile, £100m had been made available by Government to cover interim arrangements and the option put forward by the Working Party met the criteria for this transitional funding. Mr D Young queried the projected figures for initial additional income and the Head of Finance agreed to go through the details with him after the meeting. The Chief Executive pointed out that the levels of determinations for different categories of property were covered by the recommendation in the following item (see Minute 100 below). Mr Northam moved the recommendation and was seconded by Mr J Lee. RECOMMENDED TO FULL COUNCIL: That the Local Council Tax Support Scheme as set out in the report (option 3) be adopted. Reasons for the decision: Legislation requires a Council Tax Support Scheme to be agreed by full Council by 31 January 2013 prior to implementation on 1 April 2013. 100. DETERMINATION OF COUNCIL TAX DISCOUNTS AND LEVEL OF CHARGES FOR 2013/14 Mr W Northam moved the recommendation, commenting that reforms gave the Council the flexibility to raise taxes and /or get empty properties brought back into Cabinet 6 105 7 January 2013 Agenda Item 17 use. In seconding the proposal, Mr Ivory was pleased that the Council would now be able to look at empty homes. RECOMMENDED TO FULL COUNCIL: 1. That Council resolve, under Section 11A of the Local Government Finance Act 1992, and in accordance with the Local Government Finance Act 2012 and other enabling powers, that: (i) (ii) (iii) (iv) The Council Tax for dwellings defined as being within Class ‘A’ remains at 50% for the year 2013/14 (report para.3.4) The Council Tax for dwellings defined as being within Class ‘B’ be reduced to 5% for the year 2013/14 (report para.3.4) with the exceptions of: (a) Those dwellings identified under Regulation 6 of the Council Tax (Prescribed Classes of Dwellings)(England) Regulations 2003, which will retain the 50% discount; and (b) Those dwellings described or geographically defined at Appendix D which in the reasoned opinion of the Head of Finance are judged not to be structurally capable of occupation all year round and were built before the restrictions of seasonal usage were introduced by the Town and Country Planning Act 1947, will retain the 50% discount; The Council Tax discount for dwellings defined as being within Class ‘C’ to be set at 100% for three months for the year 2013/14 (report para.3.3); The Council Tax discount for Class ‘D’ properties to act as an incentive to bring them back into use is recommended to be a discount of 50% for a maximum of 12 months (report para.3.2). 2. That the Council resolve under Section 11B (2) of the Local Government Finance Act 1992 and in accordance of the provisions of the Local Government Finance Act 2012 and other enabling powers that a premium is charged for properties which have been empty and substantially unfurnished for two years or more of 50% of the Council Tax payable in relation to that home. 3. In accordance with the relevant legislation, these determinations shall be published in at least one newspaper circulating in North Norfolk before the end of the period of 21 days beginning with the date of the determinations. Reasons for decision: To recommend the Council Tax discount and premium determinations to come into effect on 1 April 2013; to raise additional Council Tax revenue and to encourage properties to be brought back into use. 101. Cabinet DESTINATION MANAGEMENT ORGANISATION (DMO) FOR NORTH NORFOLK 7 106 7 January 2013 Agenda Item 17 Mr J Lee moved the recommendation, saying that the Council was committed to the tourism industry and that it was vital to promote North Norfolk as a year-round destination. This was seconded by Mrs Fitch-Tillett, who believed that anything that could be done to help kick start an organisation which would attract visitors to one of the most beautiful areas in the country must be beneficial. Ms Gay expressed some concerns as to whether the projected funding would materialise and also regretted the loss of 0.5 of a member of the Council’s tourism staff under the changes put forward. The Council had always had an integrated approach to tourism and now appeared to be proposing to hive off its seaside areas. Mr FitzPatrick pointed out the area covered by the new organisation, Visit North Norfolk Coast and Countryside Ltd, as defined in the report. In reply to a question from Mrs A Moore as to why Aylsham had been mentioned as part of that area, the Economic and Tourism Development Officer referred to earlier discussions which had worked on the basis of economic rather than district boundaries. Mr Lee reiterated that the proposal had to be made to work. Tourism could not always rely on Council funding. The Council would retain a degree of control of how its money was spent and the direction in which promotion of tourism was going through membership of the Board. Appointment of the representative on the Board would be a matter for the full Council. The Economic and Tourism Development Manager stated that since 2008 the Council had moved away from domination of the tourism industry. Succession planning, recognising the financial limitations placed upon the Council, had begun some time ago. Meanwhile, there had been a growth of interest on the part of the private sector. If the lead on tourism was not transferred to the private sector by 2015, the industry would be in distress, due to the lack of funding available to the Council. Against this background, the Council had been talking to the Borough Cabinet 8 107 7 January 2013 Agenda Item 17 Council of King’s Lynn and West Norfolk on ways of continuing local authority involvement and influence in tourism. The solution now proposed was of a type being sought by al local authorities involved in tourism. It would enable the Council to manage a strategic approach and, if unhappy with any aspect, to suspend the Service Level Agreement. Mr P Moore supported the efforts being made by the Economic and Tourism Development Manager, but remained concerned at the level of Board representation proposed. Mr FitzPatrick pointed out that this would be at the same level as the North Norfolk Business Forum. Mr Ivory felt that the Service Level Agreement was comforting in that it was very clear as to where the funding would be going and what the outcomes would be. Recognising that the relationship between public and private sectors would be new and needed testing, it was not necessarily a good idea for the Council to be in control of a Board of this nature. Mr Lloyd asked what incentive other contributors had, given that they would already be paying business rates and Council Tax. The Economic and Tourism Development Manager pointed out that these forms of revenue were not direct contributions to tourism promotion. Subscribing to an independent organisation with a private sector outlook would be advantageous to contributors. RECOMMENDED TO FULL COUNCIL: That the release of £25,000 per annum over the periods 2012/13, 2013/14 and 2014/15 (£75,000 for three years) from the NNDC Community Fund and £10,000 per annum over the periods 2012/13, 2013/14 and 2014/15 (£30,000 for three years) from the Economic and Tourism Development Unit budget be authorised as the Council’s contribution to Visit North Norfolk Coast and Countryside Ltd. Reasons for decision: To support the bringing together and promotion of all aspects of the tourism industry in a major channel for communication, support and access to the market; to provide Cabinet 9 108 7 January 2013 Agenda Item 17 funding to assist the establishment of the DMO as the platform for the private sector to take a greater responsibility for destination management in the future. 102. BIG SOCIETY FUND LARGE GRANT APPLICATIONS Mr Ivory put forward the proposal and was seconded by Mr Northam, who referred to the assistance which had been afforded to organisations through this avenue. The specific grant referred to in the report had been requested by the Sheringham and District Sports Association towards the refurbishment of existing floodlit tennis courts and the transformation of the facility for all-weather use. RESOLVED: That a grant award of up to £15,000 be made, conditional upon the submission of substantial evidence (eg offers of support or grant approval letters) of the total funding package and a substantial and viable business case; such evidence should be to the satisfaction of the Chief Executive in consultation with the Portfolio Holder for Localism and the Big Society, prior to funding being awarded. Reasons for the decision: To ensure that the application gets the support necessary to give the project every chance of success, while safeguarding sufficient funds for other projects. 103. COLLECTIVE ENERGY SWITCHING SCHEME PROPOSAL Mr J Lee introduced the report, which put forward an initiative for groups of residents to band together to negotiate, through a third party, preferential terms for the supply of gas and electricity. Such schemes presented an opportunity to help more vulnerable residents from falling into fuel poverty. He drew attention to a scheme operated by Norwich City Council as an example of the savings that could be achieved. Mr Lee moved the recommendation and was seconded by Mr R Oliver. Mrs Fitch-Tillett said that some communities had already introduced local schemes, which were highly recommended. Cabinet 10 109 7 January 2013 Agenda Item 17 In response to a question from Mrs L Brettle, the Sustainability Assistant said that oil tariffs were covered by a different scheme. RESOLVED: That delegated authority be given to the Head of Economic and Community Development to progress with a collective energy scheme (option 2) as outlined in the report. Reasons for decision: To assist local residents in reducing their energy bills, therefore helping to address fuel poverty issues and divert spending by residents from energy to local businesses etc; to gain a potential new stream of income for the Council. 104. REVIEW OF CCTV SERVICE In moving the recommendation, Mr Oliver pointed out that the Council’s CCTV service was discretionary and currently cost approximately £200,000 per annum. A review would carefully examine how any savings could be made. Mr Ivory seconded the proposal, welcoming the suggested cross-party approach. RESOLVED: 1. That a politically balanced working party be established to consider the potential options for the future management of the CCTV service and that the Group leaders notify Democratic Services of their nominations. 2. That nominations for the membership of the working party be notified to Council. Reasons for the decision: To provide a balanced forum for discussing the various options available for the future management of the service. 105. TOURIST INFORMATION Mr T FitzPatrick drew attention to the review of different delivery models for the Cabinet 11 110 7 January 2013 Agenda Item 17 provision of Tourist Information and the fact that an organisation in Wells had expressed an interest in running the Tourist Information Centre in the town. He felt that a better service could be provided overall as proposed and that the Expression of Interest under the Community Right to Challenge should, subject to ratification, be accepted. In moving the recommendations, he was seconded by Mr J Lee. In reply to a question from Ms Gay, the Chief Executive confirmed that any savings arising would be considered as a saving on the budget as a whole. In response to an enquiry from Mr Lloyd as to the use of the Tourist Information kiosks, the Head of Customer Services informed Members that usage had gone down and did not justify the technology involved. Mr Punchard welcomed the proposal, but cautioned that, when the Tourist Information point at Fakenham became the responsibility of a third party, the service had been reduced. RESOLVED: 1. That Cabinet accepts the ‘Community Right to Challenge’ Expression of Interest (EOI) from a relevant body to manage the Wells Tourist Information Centre, noting that the EOI meets the appropriate legal requirements. 2. That subject to a positive outcome from a detailed evaluation of the relevant body’s proposal, and the absence of any formal challenges or additional EOIs, officers and the relevant Portfolio Members for Localism and Tourist Information Centres are given delegated authority to negotiate a Service Level Agreement with a relevant body with a view to the implementation of service transfer at the start of the 2013 season. 3. Should further EOIs be received, the organisation will undertake a procurement exercise in line wit the current contract standing orders. 4. The proposed reduction in TIC staffing levels be approved. 5. That officers are authorised to terminate the maintenance and support contracts Cabinet 12 111 7 January 2013 Agenda Item 17 with the New Vision Group for the24/7 kiosks and DMS systems. Reasons for the decision: To deliver Tourist Information services more efficiently and effectively, providing value for money that could produce savings to the Council with no overall loss of service. Parts (1) and (2) of the decision embrace the Government’s localism agenda to empower individuals and communities to take more responsibility for their own futures and to build a stronger civic society. The Meeting closed at 11.13 am _______________ Chairman Cabinet 13 112 7 January 2013 Agenda Item 17 10 JANUARY 2013 Minutes of a meeting of the DEVELOPMENT COMMITTEE held in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present: Councillors Mrs S A Arnold (Chairman) M J M Baker Mrs L M Brettle Mrs A R Green P W High J H Perry-Warnes R Reynolds R Shepherd B Smith Mrs A C Sweeney Mrs V Uprichard J A Wyatt Mrs A Claussen-Reynolds – substitute for B Cabbell Manners E Seward – substitute for Mrs P Grove-Jones P W Moore – North Walsham East Ward Miss B Palmer – observer Mrs A M Fitch-Tillett - observer Officers Mr S Oxenham – Head of Development Management Mr R Howe – Planning Legal Manager Mr G Linder - Senior Planning Officer Miss J Medler – Senior Planning Officer (164) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors B Cabbell Manners and Mrs P Grove-Jones. Two substitutes were in attendance as listed above. (165) ITEMS OF URGENT BUSINESS The Chairman stated that there were two items of urgent business which she wished to bring before the Committee, relating to: 1. A planning application at Wickmere, reference PF/12/0277. The reason for urgency was to expedite the processing of the application. 2. An update with regard to an enforcement case at Cromer. The reason for urgency was to update the Committee with regard to the latest position following its decision at the previous meeting. (166) DECLARATIONS OF INTEREST All Members had received many representations on a number of applications on the agenda. Councillor E Seward declared personal interests in Minute (171) as he was a member of CAMRA, and in Minute (173) as he was a Member of North Walsham Town Council. Development Committee 1 113 10 January 2013 Agenda Item 17 Councillor Mrs A Claussen-Reynolds and Councillor R Reynolds declared a personal interest in Minute (169) as they were acquainted with Mr Knights but had not discussed the application with them. Councillor Mrs A R Green declared a personal interest in Minute (169) as she had dealings with Mr Knights which did not impact on this application. PLANNING APPLICATIONS Where appropriate the Planning Officers expanded on the planning applications; updated the meeting on outstanding consultations, letters/petitions received objecting to, or supporting the proposals; referred to any views of local Members and answered Members’ questions. Background papers, including correspondence, petitions, consultation documents, letters of objection and those in support of planning applications were available for inspection at the meeting. Having regard to the above information and the report of the Head of Planning and Building Control, the Committee reached the decisions as set out below. Applications approved include a standard time limit condition as condition number 1 unless otherwise stated. (167) CORPUSTY AND SAXTHORPE - PF/12/1232 - Erection of two-storey side/rear extension; Horseshoe Cottage, The Street, Corpusty for Mr S Waller The Committee considered item 1 of the Officers’ reports. The Senior Planning Officer reported that no new representations had been received following readvertisement of the amended plan. The Parish Council had confirmed that it had no comment or objection to the amended plan. She recommended approval of this application subject to the imposition of conditions as stated in the report. It was proposed by Councillor J H Perry-Warnes, seconded by Councillor P W High and RESOLVED That this application be approved subject to the imposition of appropriate conditions including the removal of permitted development rights for the insertion of any first floor window or rooflight in the southern elevation of the extension and a condition relating to the erection of a temporary fence(s) to protect trees on site. (168) HAPPISBURGH - PO/12/0423 - Erection of nine replacement dwellings and reinstatement of former residential land to provide amenity land; Sites off North Walsham Road and Beach Road for T M Trustees Ltd The Committee considered item 2 of the Officers’ reports. Public Speakers Mrs D Burke (objecting) Ms J Irwin (supporting) Development Committee 2 114 10 January 2013 Agenda Item 17 The Senior Planning Officer read to the Committee the comments of Councillor Mrs L Walker, the local Member, who supported this application. In response to her comments in support of the provision of affordable social housing on the site, the Senior Planning Officer explained that all nine of the proposed dwellings would be market dwellings. The Senior Planning Officer stated that the Highway Authority had no objection to a single point of access and considered that the footpath would enhance highway safety. Councillor R Shepherd asked if the application would be subject to a Section 106 Obligation. He considered that there was a need for the village to expand and proposed approval of this application. The Head of Development Management considered that there was no need for a Section 106 Obligation in this instance as the site of the demolished dwellings had been brought up to standard. Councillor Shepherd accepted this view. Councillor Mrs A Claussen-Reynolds considered that the requirements of Policy EN12 had been fully covered. In response to a question by Councillor Mrs L M Brettle, the Senior Planning Officer stated that the occupiers of the former dwellings had found alternative accommodation. The proposed dwellings were to replace the housing stock which had been lost. In response to a question by Councillor Mrs A R Green, the Senior Planning Officer considered that the alternative site which had been proposed previously had not come forward as it was in multiple ownership. Councillor Mrs A Claussen-Reynolds seconded the proposal. Councillor P W High expressed concern that the proposed site was formerly proposed as an exceptions site. The Head of Development Management confirmed that whilst the site could have been considered as an exceptions site under Policy H03, it had come forward for consideration against Policy EN12. Councillor M J M Baker proposed that the question be now put. RESOLVED by 8 votes to 2 with 3 abstentions That the Head of Development Management be authorised to approve this application subject to no new grounds of objection following readvertisement, no Parish Council objection in respect of the further amended plans and no objection from Norfolk County Council Historic Environment Services following the archaeological investigation of the site, and subject to the imposition of appropriate conditions. Development Committee 3 115 10 January 2013 Agenda Item 17 (169) HINDOLVESTON - PF/12/0993 - Erection of two wind turbines (14.97m to hub, 5.5m diameter blades); Blue Tile Farm, Fulmodestone Road for Mr M Knights Councillor Mrs A Claussen-Reynolds and Councillor R Reynolds declared a personal interest in this application as they were acquainted with Mr Knights but had not discussed the application with them. Councillor Mrs A R Green declared a personal interest in this matter as she had dealings with Mr Knights which did not impact on this application. The Committee considered item 3 of the Officers’ reports. The Senior Planning Officer reported that the Conservation, Design and Landscape Manager considered that the proposed turbines would not adversely affect the listed buildings. He recommended refusal of this application for the reasons stated in the report. Councillor R Shepherd referred to the objection by the MOD and questioned why the application had been brought to the Committee. He proposed refusal of this application in accordance with the recommendation. This was seconded by Councillor M J M Baker. Councillor Mrs V Uprichard referred to the request by the Committee to consider all wind turbine applications. She considered that those which the Officers were minded to refuse should not come before the Committee. The Committee noted that the Scheme of Delegation had been amended subsequent to the Committee’s request, but this application had been called in by Councillor B Cabbell Manners in the interim period. Councillor B Smith considered that wind turbines had an adverse impact on bats by creating a vacuum which affected their ability to breathe and caused internal haemorrhages. He considered that this was also a valid reason for refusal. The Head of Development Management referred to the Landscape Officer’s comments which concluded that the proposal would not significantly affect local bat populations. Councillor E Seward considered that it would be helpful if NATS and MOD comments were received sooner. It was agreed that the Head of Development Management would write to these consultees to request an earlier response to consultation. RESOLVED by 12 votes to 0 with 1 abstention That this application be refused on grounds that the applicant has failed to demonstrate that the proposed wind turbines would not desensitise Air Defence radar in the vicinity of the turbines, as identified by the Defence Infrastructure Organisation, by impacting on its ability to provide a full air surveillance service in the area, which could have adverse implications for public safety and security. Development Committee 4 116 10 January 2013 Agenda Item 17 (170) HOLT - PF/12/0713 - Siting of two mobile trading barrows; 16 High Street for The James Hay Trustees The Committee considered item 4 of the Officers’ reports. Public Speaker Mr A Turner (Holt Town Council) The Senior Planning Officer reported that the agent had confirmed that it was intended that the barrows should remain in situ, there was little detail regarding the proposed use. The barrows would be removed in the event of their being unoccupied. Councillor M J M Baker, a local Member, considered that the proposed barrows would cause security issues for the bank and users of the cash machine, impede access to the bank and cash machine, and take away a prime meeting space for the people of the town. There was no indication as to the possible use of the barrows and there could be issues relating to cleanliness, hygiene and possible use of a generator. He considered that the proposed barrows would take trade away from existing shops, which were liable for full business rates. There was a number of residential dwellings close to the site which could suffer disturbance. He proposed refusal of this application. Councillor P W High, a local Member, supported Councillor Baker’s comments and seconded the proposal. He added that security vans arriving at the bank used the space to pull off the road. Councillor J H Perry-Warnes considered the proposed barrows were unattractive, unnecessary and inappropriate to the ambience of the town and would clutter the open space. He considered that the open aspect should not be lost. He stated that there was nowhere else for security vans to park when visiting the bank. Councillor E Seward asked if the Police had made any comments with regard to security issues. The Head of Development Management referred to Policy EN5 which required proposals to enhance the overall appearance and usability of Public Realm areas. Members had suggested that this was not the case. He stated that the Police Architectural Liaison Officer had not been consulted. He suggested that if the Committee were minded to refuse this application, that the decision be delegated subject to any comments from the Police regarding security issues. However, it would be difficult to refuse on grounds related to amenity without the support of the Environmental Health Officer. In response to a question by Councillor R Shepherd, the Planning Legal Manager stated that public health issues were subject to separate legislation. It was proposed by Councillor M J M Baker, seconded by Councillor P W High and RESOLVED That this application be refused on grounds related to Policy EN5 (Public Realm) and, subject to the support of the Police, public safety issues and security related to the cash point. Development Committee 5 117 10 January 2013 Agenda Item 17 (171) HOLT - PF/12/1164 - Change of use from A4 (public house) to A1 (retail) and two residential flats, conversion of barn to two dwellings and erection of two one and a half storey dwellings; The Railway Tavern, 2 Station Road for Capricorn Estates Partnership The Committee considered item 5 of the Officers’ reports. Public Speakers Mr A Turner (Holt Town Council) Mr A Groom (objecting) Mr R Kirby (supporting) The Senior Planning Officer reported that 10 further letters of objection had been received which raised similar issues to those summarised in the report. The Conservation, Design and Landscape Manager had no objection to the alterations to the Listed Building and considered that the new build element would be in keeping. Councillor P W High, a local Member, referred to the importance of the public house to Holt. He stated that it had retained its character as a ‘working man’s pub’ for as long as he could remember. He considered that it was possible to retain the public house as part of a scheme, updated and suitable for all concerned. He did not support the current application. Councillor M J M Baker, a local Member, stated that he would comment later in the debate. Councillor J H Perry-Warnes referred to comments made by Mr Groom, the current publican, and considered that there had been developments since the report was written. He proposed refusal of this application. Councillor Mrs V Uprichard referred to the Council’s desire to preserve the appearance of the area and considered that it should also consider how to preserve the British way of life. She supported the comments made against this application. She considered that a pub and pub-restaurant were completely different and that those who only wanted a drink were not welcome in the latter. She seconded the proposal. Councillor Mrs A C Sweeney stated that she had worked close to the Railway Tavern for many years and it had always been busy. She considered that it was the only public house in the town for local people. She expressed concern with regard to traffic and the site access. Councillor Mrs A Claussen-Reynolds questioned whether Holt needed another retail unit and asked how many shops were currently vacant. The Senior Planning Officer stated that there were very few empty retail units in Holt. Whilst the proposal related to A1 retail, there was a possibility that it could be occupied by the Tourist Information Centre. The Head of Development Management reminded the Committee of the need to consider Policy CT3: Provision and retention of local facilities and services. Development Committee 6 118 10 January 2013 Agenda Item 17 Councillor E Seward referred to the further developments since the report had been written which could prove the business to be viable. He referred to paragraph 70 of the National Planning Policy Framework which required decisions to “guard against the unnecessary loss of valued facilities and services, particularly where this would reduce the community’s ability to meet its day-to-day needs.” He considered that the application should be rejected on this basis. In answer to questions by Councillor R Shepherd, the Officers stated that the owner’s obligations to carry out repairs would depend on the terms of the lease. A change of use from public house to retail would be permitted under the Use Classes Order. In response to a question by Councillor Mrs A R Green, the Chairman stated that the only assurance of viability had come from the current landlord. Councillor R Reynolds stated that remaining traditional public houses in Fakenham were used every day. He considered that such facilities should not be lost if they could be made viable. The current landlord of the Railway Tavern considered that it could be viable. The Head of Development Management stated that he sensed the mood of the meeting but there could be difficulties in defending a refusal. He recommended deferral of this application to consider the viability information which had been referred to by the current tenant. As an amendment, it was proposed by Councillor J A Wyatt, seconded by Councillor B Smith that consideration of this application be deferred to allow consideration of the viability information referred to by the tenant. Councillor M J M Baker, a local Member, considered that change of use would alter the frontage of the building, which was an integral part of the Georgian market town. The road to the bypass was narrow, with inadequate pavements. He considered that the building could be brought up to date and a profitable business run from it. He considered that other drinking establishments in Holt were too expensive for many people living in the town. He stated that the landlord had been running a profitable business since the link with Punch Taverns had been severed. He referred to the independent nature of the town which should be retained. He urged refusal of this application. The Planning Legal Manager stated that whilst the Committee could refuse this application, there was difficulty in relation to the policy issues. No Member had spoken in favour of the application. He advised the Committee to defer consideration and request Mr Groom to share the figures he had referred to which may support the Committee’s view. Councillor P W High stated that he understood the Planning Legal Manager’s view and supported deferral. The amendment was put to the vote and declared carried by 9 votes to 4, and on being put as the substantive proposition it was RESOLVED by 10 votes to 2 with 1 abstention That consideration of this application be deferred to seek further information with regard to viability of the Railway Tavern. Development Committee 7 119 10 January 2013 Agenda Item 17 (172) MUNDESLEY - PF/12/1120 - Installation of ATM; Rays Stores, 25 Cromer Road for Tesco Stores Ltd The Committee considered item 6 of the Officers’ reports. The Senior Planning Officer reported that an email had been received from the applicant’s agent offering to put the ATM out of use outside shop opening hours by installing a lockable screen. Councillor B Smith, a local Member, referred to the concerns of the Parish Council. He considered that the proposal would be acceptable subject to the lockable screen offered by the applicant’s agent and the installation of safety bollards. It was proposed by Councillor J A Wyatt, seconded by Councillor E Seward that this application be approved in accordance with the Officer’s recommendation, subject to an additional condition to require the ATM to be securely locked outside the shop opening hours. Councillor Mrs L M Brettle considered that the ATM should be available outside the shop opening hours. She asked if it could be kept available for use, subject to reconsideration if problems arose. The Head of Development Management advised that it would be difficult to revisit this matter at a later date. He suggested that the operating hours of the ATM should either be left to the store operators’ discretion or subject to a condition. Councillor Mrs L M Brettle considered that no condition should be imposed with regard to operating hours of the ATM. As an amendment, it was proposed by Councillor Mrs L M Brettle, seconded by Councillor Mrs A R Green that this application be approved in accordance with recommendation of the Head of Development Management. On being put to the vote, the amendment was declared carried by 10 votes to 2 with 1 abstention, and on being put as the substantive proposition it was RESOLVED by 10 votes to 1 with 2 abstentions That this application be approved in accordance recommendation of the Head of Development Management. with the (173) NORTH WALSHAM - PF/12/1046 - Change of use from B1 (business) to D1 (place of worship/church hall); 1A St Nicholas Court, Vicarage Street for New Life Church North Walsham The Committee considered item 7 of the Officers’ reports. Public Speaker Mr I Dallean (supporting) The Head of Development Management read to the Committee the comments of Mr D Robertson, North Walsham Town Mayor, who was unable to attend the meeting. The Senior Planning Officer reported further comments from the applicant requesting the application to be determined as submitted. He reported that there were currently 13 vacant retail units in the town centre. He recommended approval subject to conditions in respect of hours of use. Development Committee 8 120 10 January 2013 Agenda Item 17 Councillor P W Moore, a local Member, supported this application subject to careful consideration of the conditions to be imposed. Councillor Mrs V Uprichard, a local Member, stated that she was not in favour of the proposed use, there were no planning reasons for refusal and therefore she proposed approval of this application subject to the imposition of conditions. This was seconded by Councillor M J M Baker. Councillor B Smith stated that the precinct had never been successful. He supported the recommendation. Councillor E Seward referred to recent investment in the precinct to refurbish and repair four retail units, and the recent opening of a retail shoe shop in the precinct. He considered that overall the retail picture of North Walsham was changing with new development taking place. He considered that there was more that could be done with the precinct that its history would suggest. He considered that the application could be refused on the grounds that there the refurbishment of the retail units would improve the footfall in the precinct. The Senior Planning Officer stated that conditions could be imposed to restrict the D1 use to a place of worship/church hall. An hours of use restriction could also be imposed in accordance with the applicant’s suggested opening times. Councillor M J M Baker considered that the applicants should be given the opportunity to open at 8.00 am. The Chairman proposed that no restriction be placed on opening hours which was seconded. In answer to a question by Councillor Mrs A Claussen-Reynolds, the Senior Planning Officer stated that the church hall designation would allow the applicants to hire out the building to other organisations. RESOLVED by 9 votes to 4 That this application be approved subject to the imposition of appropriate conditions. (174) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 8 of the Officers’ reports. (175) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 9 of the Officers’ reports. (176) NEW APPEALS The Committee noted item 10 of the Officers’ reports. (177) PUBLIC INQUIRIES AND INFORMAL HEARINGS – PROGRESS The Committee noted item 11 of the Officers’ reports. Development Committee 9 121 10 January 2013 Agenda Item 17 (178) WRITTEN REPRESENTATIONS APPEALS – IN HAND The Committee noted item 12 of the Officers’ reports. (179) APPEAL DECISIONS The Committee noted item 13 of the Officers’ reports. ITEMS OF URGENT BUSINESS The Chairman stated that she had determined that this item be considered as a matter of urgency pursuant to the powers vested in her by Section 100B(4)(b) of the Local Government Act 1972. (180) WICKMERE – PF/12/0277 – Removal of condition 4 of planning permission reference 00/1632 and condition 5 of planning permission reference 09/0052 to permit permanent residential occupation; No 4, Park Farm Barns, Wolterton Park, Wolterton for Michael McNamara Associates The Senior Planning Officer reminded the Committee that this application had been deferred at the meeting held on 31 May 2012 pending a decision in respect of the review of Core Strategy Policy HO9 in the light of the National Planning Policy Framework. Subsequent to that review, in the opinion of Officers, the proposal now complied with the agreed Council interpretation of the requirements of Policy HO9. The Senior Planning Officer recommended approval of this application. Councillor N Smith, the local Member, supported this application. It was proposed by Councillor J H Perry-Warnes, seconded by Councillor B Smith and RESOLVED unanimously That this application be approved. (181) CROMER – ENF/10/0002 – Unauthorised installation of a shopfront and roller shutter and display of illuminated advertisements within Cromer Conservation Area at 57 Church Street by Iceland Foods Ltd The Head of Development Management stated that it was resolved at the meeting on 13 December 2012 that the Committee was minded to commence prosecution proceedings for non-compliance with the Enforcement Notice in the event of Iceland Foods Ltd failing to submit an amended proposal for the shopfront by 10 January. An email had been received from Iceland Foods Ltd stating that an amended design had been produced, but a visit to the site was due to take place to ensure that it was possible to implement the new design before submission to the Council. The Company would not be in a position to submit the application before 15 January. The Head of Development Management suggested that the matter be reconsidered at the meeting to be held on 17 January when he would be able to update the Committee further as to whether or not an application had been received. Development Committee 10 122 10 January 2013 Agenda Item 17 RESOLVED That this matter be reconsidered at the meeting of the Committee to be held on 17 January 2013. The meeting closed at 12.20 pm. Development Committee 11 123 10 January 2013 Agenda Item 17 17 JANUARY 2013 Minutes of a meeting of the DEVELOPMENT COMMITTEE held in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present: Councillors Mrs S A Arnold (Chairman) Mrs L M Brettle Mrs A R Green Mrs P Grove-Jones P W High R Reynolds R Shepherd B Smith Mrs A C Sweeney Mrs V Uprichard J A Wyatt Miss B Palmer – substitute for B Cabbell Manners N Smith – substitute for J H Perry-Warnes P Terrington – substitute for M J M Baker R Wright – Astley Ward Officers Mr S Oxenham – Head of Development Management Mr A Mitchell – Development Manager Mr R Howe – Planning Legal Manager Mr G Lyon – Team Leader (Enforcement and Special Cases) Mr G Linder - Senior Planning Officer Mrs C Batchelar – Landscape Officer Mr D Mortimer - Development Control Officer (NCC Highways) (182) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors M J M Baker, B Cabbell Manners and J H Perry-Warnes. Three substitutes were in attendance as listed above. (183) MINUTES The Minutes of a meeting of the Committee held on 13 December 2012 were approved as a correct record and signed by the Chairman. (184) ITEMS OF URGENT BUSINESS The Chairman stated that there were two items of urgent business which she wished to bring before the Committee, relating to: 1. A prior notification application at Cromer, reference NP/13/0041. The reason for urgency was because the application was required to be determined within 28 days. The application could not be determined under delegated powers as the applicant was a Member of the Council. 2. A planning application at Sheringham, reference PF/12/0568. The reason for urgency was to expedite the processing of this application by undertaking a site inspection. Development Committee 1 124 17 January 2013 Agenda Item 17 (185) DECLARATIONS OF INTEREST Councillors P W High, Miss B Palmer and R Reynolds declared interests, the details of which are given under the minute of the item concerned. PLANNING APPLICATIONS Where appropriate the Planning Officers expanded on the planning applications; updated the meeting on outstanding consultations, letters/petitions received objecting to, or supporting the proposals; referred to any views of local Members and answered Members’ questions. Background papers, including correspondence, petitions, consultation documents, letters of objection and those in support of planning applications were available for inspection at the meeting. Having regard to the above information and the report of the Head of Development Management, the Committee reached the decisions as set out below. Applications approved include a standard time limit condition as condition number 1 unless otherwise stated. (186) HINDOLVESTON - PF/12/1192 - Erection of one and a half storey side/front extension; Carwood House, 59 The Street for Mr & Mrs Howard Councillor Miss B Palmer declared a personal interest in this application as she was a tennis coach to the applicants’ children. The Committee considered item 1 of the Officers’ reports. Public Speakers Mr D Goldsmith (objecting) Mr M Howard (supporting) The Senior Planning Officer referred to concerns raised regarding the external staircase. He considered that whilst there could be an element of overlooking, it would be minimal and the staircase would not be used for sitting out. He recommended approval as set out in the report. Councillor R J Wright, the local Member, considered that the staircase should be located internally. It appeared as though the extension were a self-contained annexe attached to the main dwelling and he was concerned at possible bed and breakfast use, which could mean the staircase could be busy. He had no objection to the design of the building. The Senior Planning Officer explained that a dwelling could be used for bed and breakfast for part of the year depending on the number of bedrooms used without the need for planning permission. In answer to a question by Councillor R Shepherd, the Senior Planning Officer stated that he considered there would need to be some form of escape route from the rooms in the extension if they were to be used for bed and breakfast accommodation. Development Committee 2 125 17 January 2013 Agenda Item 17 Councillor Mrs P Grove-Jones questioned why the extension had been proposed at the front of the property when there was ample space at the rear. She considered that the proposal appeared to suggest that an application for a separate dwelling could follow in the future. The Senior Planning Officer explained that part of the proposal involved a garage and car port which had to be forward of the existing building to allow access. The Development Manager stated that a separate application would be required if it were intended to use the extension as a separate dwelling. However, this would be contrary to policy. The current application related to ancillary accommodation and had to be determined as such. Councillor Mrs A R Green proposed approval of this application as recommended. At the request of the Chairman, Mr Howard stated that there was an internal staircase which would allow access. He referred to financial constraints and the way it was intended to develop the scheme in phases with the garage element first. Whilst it was theoretically possible to relocate the staircase on the other side of the extension, he considered that it would spoil the appearance of the link. The extension had been designed to meet Policy EN4. Councillor P W High seconded Councillor Green’s proposal. The Development Manager suggested a condition to require the door to the external staircase to be retained as a solid door with no glazing. Councillor P Terrington requested that additional trees be planted. This was not supported. RESOLVED by 9 votes to 3 with 1 abstention That this application be approved subject to the imposition of conditions including the removal of permitted development rights for additional first floor windows, fixed obscure glazing in those roof lights on the eastern roof slope, installation and retention of a solid door in the south elevation and the use of the extension to be ancillary to that of the dwelling. (187) HOLT - PF/12/1375 - Change of use of retail shop (A1) to tea-room (A3); 9C Chapel Yard, Albert Street for Mrs C Howlett The Committee considered item 2 of the Officers’ reports. Public Speakers Mr D Farrow (objecting) Mrs C Howlett (supporting) Councillor P W High, a local Member, referred to the number of cafés in Holt. He stated that this was a difficult application and he could not ignore the number of objections received by the Town Council which had made it reconsider its views. His main concern was the impact of the proposal on the residential bungalow adjacent to Chapel Yard. He also considered that approval would give rise to unfair competition. Development Committee 3 126 17 January 2013 Agenda Item 17 Councillor P Terrington stated that he was speaking on behalf of Councillor M J M Baker, a local Member. He referred to a letter received from the neighbour. He questioned the Human Rights statement in the report. The Senior Planning Officer stated that the Human Rights statement was based on consultee responses. He referred to the Environmental Health Officer’s response which concluded that the relationship between the premises and neighbouring bungalow was acceptable. Councillor Mrs A C Sweeney stated that no details had been received in respect of refuse disposal. She was concerned that the neighbour could be affected. The Senior Planning Officer stated that a condition would be imposed to require information to be provided to satisfy Environmental Health requirements. Councillor J A Wyatt considered that it was important to retain A1 retail shops in Holt. He was opposed to this application. The Planning Legal Manager advised that the Council’s policies did not support refusal. Competition between existing and proposed businesses was not material in planning decisions and could not be used as a reason for refusal. The Development Manager stated that in the opinion of Officers there was no policy objection to this application. He referred to comments that had been made regarding local connections and stated that the length of time someone had lived in the town was not relevant. Councillor J A Wyatt proposed that the application be refused on grounds of the impact of noise and smell on the neighbouring bungalow and loss of A1 retail unit. Councillor N Smith referred to the closure of existing shops and asked if it was likely that, in the event of refusal, the existing shop would close and be boarded up or continue to operate. Councillor Mrs A R Green stated that the proposal was for a tea room and not a restaurant. She asked if it would be possible to control the type of food served. She considered that a tea room would not create much disturbance. The Senior Planning Officer stated that the proposed use was as an A3 café, but it could become a restaurant. If approved, the premises could revert back to A1 retail without the need for permission. Councillor Mrs P Grove-Jones expressed concern as to whether anything could be done to prevent overdevelopment of one particular type of business. The Development Manager stated that this issue had been addressed in the Core Strategy by the designation of Primary Retail Frontages within town centres, where the type of use was restricted. Councillor B Smith considered that small businesses had to diversify in order to survive in the current economic climate. He referred to Sheringham where there were many restaurants and cafés, which all appeared to be thriving. The NPPF indicated that competitive town centres should be supported and promoted to make them viable and sustainable. He considered that if this application were refused, the shop was likely to close, with others likely to follow. He proposed approval of this application in accordance with the recommendation. Development Committee 4 127 17 January 2013 Agenda Item 17 In answer to a question by Councillor P W High, the Development Manager stated that the percentage of non-retail uses was the determining factor when considering applications within a Primary Retail Frontage. Councillor High considered that this was unfair when considering the situation in Chapel Yard. The Development Manager stated that Chapel Yard was not designated as Primary Retail Frontage. Councillor P Terrington stated that he supported refusal but only on grounds of impact on the neighbour. Councillor R Shepherd seconded the proposal to approve this application. RESOLVED by 8 votes to 5 That this application be approved subject to the imposition of conditions including those required by the Environmental Health Officer and restricting hours of use from 8am to 8pm daily. (188) LITTLE SNORING - PF/12/0572 - Formation of car-park and widening of existing entrance; Bretts (Lings) Wood, Holt Road for Norfolk Wildlife Trust Councillor P W High declared a personal interest in this application as he knew Mr Milton as a consequence of being a trustee of Holt Lowes. He had not discussed this matter with Mr Milton. The Committee considered item 3 of the Officers’ reports. Public Speakers Mr R Hewitt (objecting) Mr J Milton (supporting) The Senior Planning Officer reported that a further letter had been received from the Solicitor acting for the freehold owner, which reiterated previous concerns and suggested that Bretts Wood was, in planning terms, in agricultural and forestry use and therefore an application for change of use would be required for recreational uses. It suggested that the proposed car park was to serve an unauthorised use and the free-roaming of visitors could impinge on the residential amenity of the neighbouring property. The Planning Legal Manager advised the Committee that it was in danger of being drawn into an argument between the landowner and applicant, which was not relevant to this application. He referred to the nature and purpose of this application. He advised that if the Committee were minded to refuse this application, notwithstanding the lack of objection from the Highway Authority, it should be refused on the basis of highway safety concerns and not disputes occurring elsewhere. The Development Control Officer (Highways) advised the Committee that the ‘fallback’ position of parking on a relatively small access was of greater concern than the proposal, which would create a highway facility and improve the access arrangements. Development Committee 5 128 17 January 2013 Agenda Item 17 Councillor Mrs A R Green, the local Member, considered that the proposal would create an unnecessary access on a Principal Route and encourage more traffic. She considered that enhancement of the existing arrangements would allow visitors to park safely. She stated that there was no comparison with Thursford Wood, which was an ancient woodland full of interest. She considered that visitors would not stay in the area managed by the applicant but would wander into adjacent woodland. She proposed that this application be refused because it would create traffic problems. The Planning Legal Manager advised the Committee with regard to grounds for refusal, which could be based on additional stopping and turning movements on the Principal Route. Councillor R Reynolds supported the local Member. He stated that he passed the site regularly and had not witnessed many visitors, although the entrance was used as a pull-in. He considered that the area would be ruined by the formation of a car park, which would result in additional traffic on a dangerous road. He seconded the proposal to refuse this application. Councillor P W High considered that the proposal would be safer than the current arrangements and he supported the Officer’s recommendation. Councillor R Shepherd referred to his experience as a Police Officer in dealing with speeding along the road. He expressed concern regarding conflict between people visiting the site and those exercising their shooting rights on the land. The Planning Legal Manager stated that shoots took place across public footpaths and in close proximity to other Norfolk Wildlife Trust sites. He had insufficient knowledge of this matter to advise. The Development Manager stated that the Police Architectural Liaison Officer had no objection to this application. The conflict between those with shooting rights and other users seemed to him to be a civil matter and this conflict was already in existence as the public currently had access to the site. A number of Members expressed opinions both in favour and against this application. In response to a question by the Chairman, Mr Milton confirmed that there was no link between Bretts (Lings) Wood and Thursford Wood for public access. It was proposed by Councillor Mrs A R Green, seconded by Councillor R Reynolds and RESOLVED by 9 votes to 4 That this application be refused on grounds that the proposal would result in increased traffic generation which would be likely to increase slowing, stopping and turning movements on an unrestricted section of the A148 Principal Route to the overall detriment of highway safety. Development Committee 6 129 17 January 2013 Agenda Item 17 (189) MUNDESLEY - PF/12/1202 - Conversion of coastguard station to holiday accommodation, insertion of dormer window and erection of side extension; Coastguards, Beach Road for Mr M Lucas The Committee considered item 4 of the Officers’ reports. Councillor B Smith, a local Member, stated that this was an iconic building and currently used for storage purposes. The proposal would result in a considerable increase in the size of the building. He referred to previous applications for dwellings in the 100 year Coastal Erosion Zone. He stated that this application fell within the 50 year zone. He considered that there should be no increase in risk to life. He requested clarification as to the proposed condition to restrict any occupation to two months, which the Senior Planning Officer explained. He expressed concern that a future application could be submitted for permanent occupation. He referred to the lack of parking and amenity space, and stated that the nearest public car park was some distance from the building. Councillor Mrs L M Brettle considered that it was preferable for the building to be enhanced and cared for rather than allow it to deteriorate. She proposed approval of the application as recommended. This was seconded by Councillor R Shepherd. Councillor P W High stated that there were many holiday homes which had no parking spaces nearby. Councillor Mrs P Grove-Jones considered that lack of parking would not be a problem as people with mobility problems would not rent the cottage. In response to questions by Councillor Mrs Grove-Jones, the Senior Planning Officer stated that the age of the building was not known. He explained that the proposal involved removing and raising the roof, and suggested that a condition could be imposed to require the re-use of the roof slates where possible. Councillor Mrs Brettle agreed to incorporate the suggested condition within her proposal. The Development Manager explained what he considered was the difference between the applications referred to by Councillor B Smith and the current application in terms of coastal erosion issues. The current application was limited in its scale and for holiday use only. Any future application for permanent occupation would have to be considered on its merits but the development lacked parking and amenity space. It was proposed by Councillor Mrs L M Brettle, seconded by Councillor R Shepherd and RESOLVED by 11 votes to 0 with 2 abstentions That this application be approved subject to the imposition of appropriate conditions including materials, the reuse of existing roof slates where possible, restricting the occupancy to holiday accommodation only with any one occupancy limited to two months, and closure of the access as requested by the Highway Authority. Development Committee 7 130 17 January 2013 Agenda Item 17 (190) WALSINGHAM - PF/12/1256 - Construction of biomass renewable energy facility with associated landscaping and vehicular access; North Creake Airfield, Holkham Estate, Egmere for Egmere Energy Ltd Councillor R Reynolds declared a personal interest as two of his customers were adjacent to the site. He stated that he had had no dialogue with them regarding this matter. The Committee considered item 5 of the Officers’ reports. Public Speaker Mr P Lukas (supporting) The Team Leader (Enforcement and Special Cases) reported that the access arrangements had been amended. The Highway Authority had no objection in principle subject to the applicant demonstrating that access into the site would be safe. The Team Leader (Enforcement and Special Cases) reported that a petition had been received which had been organised by the owners of the control tower and signed by 142 people, some of which were from overseas, stating “North Creake Airfield was of major strategic importance during WWII as a Bomber Support station for RAF 100 Group. It remains today a monument to the 17 aircraft and crews who gave up their lives to help defeat Fascism. There are plans to develop the airfield by building a 100 acre solar power plant and an anaerobic digester plant on the north/south runway. These will destroy its historical character of the airfield and desecrate the memory of those who served and died from North Creake. Help us save North Creake Airfield so future generations will know what happened here.” A letter had been received from the occupier of the control tower who had concerns regarding turning traffic, the impact of the digester on the public footpath, the cumulative effect of this application and the solar farm and impact on the historic airfield. She had requested that the proposed development be relocated. The Team Leader (Enforcement and Special Cases) referred to the comments of the Norfolk Historic Environment Services regarding the airfield. Officers considered that the benefits of relocating the biodigester to protect the historic environment would be outweighed by impact on the landscape. The Conservation, Design and Landscape Manager (Landscape) had no objection subject to additional planting to the north of the site. The Team Leader (Enforcement and Special Cases) considered that impact on the historic asset was not sufficient to justify refusal. There were considerable benefits in terms of provision of energy for the area. He requested delegated authority to approve this application subject to satisfactory resolution of the concerns raised by the Highway Authority and the imposition of appropriate conditions. In answer to a question by the Chairman, the Landscape Officer stated that the landscape proposals were fairly robust and in proportion to the scale of the development. The planting specification had taken into account the need to establish the landscaping in a short timescale. Development Committee 8 131 17 January 2013 Agenda Item 17 Councillor Miss B Palmer reported that Councillor T FitzPatrick, the local Member, had concerns regarding noise, smell, traffic, contamination risk and historic aspect of North Creake Airfield. Councillor R Reynolds stated that the construction of this facility would provide jobs in the short term and would maintain jobs in local firms. He supported this application. Councillor P Terrington stated that he had difficulty in considering this application in isolation, and considered that the development of the renewables corridor should be considered as a whole. He considered that these proposals would require upgrading of the infrastructure, which did not form part of the current proposal. He referred to the Environment Agency’s concerns regarding pollution. He expressed concern at the use of crops grown specifically to feed the digester which would divert production away from food production. Councillor N Smith expressed concern that agricultural land would be taken out of production. He had no objection to the construction of the facility, but considered that an alternative to the use of crops should be found. Councillor R Shepherd stated that the land was only grade 3 agricultural land on which only a limited variety of crops could be grown. He considered that the application had been well researched. He proposed delegated approval of this application as recommended. In response to a question by Councillor J A Wyatt, the Team Leader (Enforcement and Special Cases) explained that there would be odour associated with the digester but this would be controlled. Environmental Health had a statutory duty to consider this matter and had raised no objections. Councillor J A Wyatt seconded the proposal. In response to a question by Councillor Mrs L M Brettle, the Team Leader (Enforcement and Special Cases) confirmed that this application was separate from the solar farm proposal and planning permission would be unrelated to any other case. Councillor R Reynolds referred to the worldwide problem of food waste and stated that such applications had to be taken in context. In response to comments from Councillor B Smith regarding traffic movements, the Development Control Officer (Highways) stated that many of the traffic movements, including those at harvest time, would be on the network regardless of this proposal. The Highway Authority was considering an access into the site which may be acceptable and it was hoped that a solution could be found in respect of the exit. Councillor B Smith considered that this was an ideal location for the proposal. He considered that odours from the digester would not disturb anybody. In response to a question by Councillor Mrs V Uprichard, the Team Leader (Enforcement and Special Cases) stated that the setting of the memorial stone would not be affected by this proposal. Development Committee 9 132 17 January 2013 Agenda Item 17 RESOLVED by 11 votes to 1 with 1 abstention That the Head of Development Management be authorised to approve this application subject to satisfactory resolution of the concerns raised by the Highway Authority and the imposition of appropriate conditions. (191) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION The Committee considered item 6 of the Officers’ reports and an item of urgent business which the Chairman had determined should be considered pursuant to the powers vested in her by Section 100B(4)(b) of the Local Government Act 1972. RESOLVED That a site visit be arranged in respect of the following applications and that the local Members and Chairman of the Town Council/Town Mayor be invited to attend: STALHAM – PF/12/1427 – Mixed use development comprising 150 dwellings, B1 (a - c) employment buildings (3150sqm), public open space, landscaping and associated highways and drainage infrastructure; land off Yarmouth Road for Hopkins Homes SHERINGHAM – PF/12/0568 – Erection of two detached two-storey dwellings with garages; land adjacent 25 Cremers Drift for Mr S Pigott (192) DEVELOPMENT MANAGEMENT PERFORMANCE UPDATE The Committee noted item 7 of the Officers’ reports in respect of the quarterly report on planning applications and appeals for the period from October to December 2012, covering the turnround of applications, workload and appeal outcomes. (193) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 8 of the Officers’ reports. (194) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 9 of the Officers’ reports. (195) NEW APPEALS The Committee noted item 10 of the Officers’ reports. (196) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 11 of the Officers’ reports. (197) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 12 of the Officers’ reports. (198) APPEAL DECISIONS The Committee noted item 13 of the Officers’ reports. Development Committee 10 133 17 January 2013 Agenda Item 17 (199) CROMER – NP/13/0041 – Prior notification of intention to erect re-located agricultural storage building; Home Farm, Hall Road for Cromer Hall Estate The Chairman stated that she had determined that this item be considered as a matter of urgency pursuant to the powers vested in her by Section 100B(4)(b) of the Local Government Act 1972. The Development Manager outlined this proposal which involved the erection of a relocated agricultural storage building within the Countryside Policy Area, Area of Outstanding Natural Beauty and Undeveloped Coast. It would also be within the vicinity of a listed building and the Cromer Hall Historic Park and Garden. However, the building would be located close to existing buildings and storage yard. No objections had been received from Environmental Health, the Conservation, Design and Landscape Manager or Highway Authority. A response was awaited from Cromer Town Council. The consultation period was due to expire today. The Development Manager stated that the proposal was considered to preserve the heritage asset, have no detrimental impact on residential amenity and to comply with Development Plan Policy. He requested delegated authority not to require a reserved matters application, subject to no objection from Cromer Town Council following expiry of the consultation period. It was proposed by Councillor R Shepherd, seconded by Councillor P W High and RESOLVED unanimously That the Head of Development Management be authorised to not require a reserved matters application subject to no objection being received from Cromer Town Council following expiry of the consultation period. (200) EXCLUSION OF PRESS AND PUBLIC RESOLVED That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 6 of Part I of Schedule 12A (as amended) to the Act. (201) PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES The Committee considered item 14 of the Officer’s exempt report updating the situation previously reported concerning the Schedule of outstanding enforcement cases and unresolved complaints more than three months old as at 31 December 2012. RESOLVED That the contents of the report and the annexed Schedules of Current Enforcement Cases be noted. The meeting closed at 12.30 pm. Development Committee 11 134 17 January 2013