Please Contact: Mary Howard
Please email: mary.howard@north-norfolk.gov.uk
Please Direct Dial on: 01263 516047
21 May 2012
The Annual Full Council meeting of the North Norfolk District Council will be held in the
Council Chamber at the Council Offices, Holt Road, Cromer on Wednesday 30 May 2012
at 6.00 p.m.
There will be an opportunity before the start of the meeting for Members to take part in
prayer led by Councillor Barbara McGoun, Licensed Reader, Ashmanhaugh, Barton Turf,
Beeston St Lawrence, Horning, Irstead and Neatishead.
Members are requested to bring their Cabinet Agenda (14 May 2012) and Overview &
Scrutiny Agenda (23 May 2012) for item 17.
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.
OUTGOING CHAIRMAN’S COMMUNICATIONS
To receive the outgoing Chairman’s communications, if any.
2.
ELECTION OF CHAIRMAN
To elect a Chairman of the Council for the ensuing year.
3.
INCOMING CHAIRMAN’S COMMUNICATIONS
To receive the incoming Chairman’s communications, if any.
4.
APPOINTMENT OF VICE-CHAIRMAN
To appoint a Vice-Chairman of the Council for the ensuing year.
5.
TO RECEIVE DECLARATION OF INTERESTS FROM MEMBERS
Please indicate whether the interest is a personal one only or one which is also
prejudicial. The declaration of a personal interest should indicate the nature of the
interest and the agenda item to which it relates. In the case of a personal interest,
the member may speak and vote. If it is a prejudicial interest, the member should
withdraw from the meeting whilst the matter is discussed.
6.
APOLOGIES FOR ABSENCE
To receive apologies for absence, if any.
7.
MINUTES
(pages 1 - 16)
To confirm the minutes of the meeting of the Council held on 18 April 2012.
8.
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.
9.
PUBLIC QUESTIONS
To consider any questions received from members of the public.
10.
REPORT ON THE CABINET
The Leader will report to the Council on any appointments and changes to the
Membership and portfolio responsibilities of the Cabinet
11.
APPOINTMENT OF COMMITTEES, CHAIRMEN AND VICE CHAIRMEN AND
SUBSTITUTES
AGENDA NOTE:
If the Council is to approve alternative arrangements for appointments
to a Committee other than those required by law on political balance, it must be
without any member voting against them.
Council will recall that there is no substitution permitted on Cabinet. Members are
also reminded of the need for Committee Members or Substitutes on the
Development, Standards and Licensing and Appeals Committees to have undertaken
the necessary training.
The Chairman of the Overview and Scrutiny Committee will normally be drawn from
the opposition group and the Vice – Chairman from the ruling group. Cabinet
Members can not sit or substitute on the Overview and Scrutiny Committee.
Decision:
To recommend Council to appoint Committees, Chairmen and
Vice-Chairmen and Substitute Members as outlined below.
COMMITTEE No OF
SEATS
Scrutiny
12
Committee
CONSERVATIVE
Mrs A ClaussenReynolds
Mrs A Green
Mr B Jarvis
Mr J H PerryWarnes
Mr R Reynolds
Mr B Smith (VC)
Mr N Smith
LIBERAL
DEMOCRAT
Ms V R Gay
Mr P Moore
Mr E Seward
(C)
Mr R Smith
INDEPENDENTS
Mr M J M Baker
Development
Committee
14
Mrs S A Arnold (C)
Mrs L Brettle
Mr B Cabbell
Manners (VC)
Mrs A Green
Mr J H PerryWarnes
Mr R Reynolds
Mr R Shepherd
Mr B Smith
Mrs P GroveJones
Mr P High
Mrs A
Sweeney
Mrs V
Uprichard
Mr J A Wyatt
Audit
Committee
6
Mr N D Dixon (C)
Mr B Jarvis
Mr R Oliver
Mr S Ward
Mrs A Moore
Mr D Young
Licensing &
Appeals
Committee
15
Mrs P GroveJones
Mr B J Hannah
Mr P W High
Mrs A
Sweeney
Mrs L Walker
Mr J A Wyatt
Standards
Committee
7
Mrs A ClaussenReynolds
Mrs A Green
Mr B Jarvis
Miss B Palmer
Mr R C Price (C)
Mr R Reynolds
Mr R Shepherd
Mr B Smith
Mrs H Thompson
(VC)
Miss B Palmer
Mr J D Savory
Mr R Stevens
Mrs H Thompson
Mrs H Eales
Mr E Seward
Partnership
Mr B J Hannah
Mr P W Moore
Mr P Williams
Mr P Terrington
Mr G Allen
Mr R Barr
Mr A Bullen
Mr M Coates
Mrs M Evans
Mr H Gupta
Mr A Nash
Mr S Sankar
Mrs A Shirley
Committee –
Revenues
and Benefits
Shared
Services
Mr W J Northam
(Miss B Palmer)
Norfolk Joint
Museums
Committee
Police and
Crime Panel
Mrs L Brettle
(Mr R Reynolds)
(Mrs A Moore)
Mr R Shepherd
County
Community
Safety
Partnership
Scrutiny
Panel
CHAIRMEN, VICE – CHAIRMEN AND SUBSTITUTE MEMBERS OFCOMMITTEES
COMMITTEE
CHAIRMAN
Mr E Seward
Scrutiny Committee
VICE-CHAIRMAN
Mr B Smith
Development
Committee
Mrs S A Arnold
Audit Committee
Mr N D Dixon
Licensing & Appeals
Committee
Mr R C Price
Mrs H Thompson
Standards
Committee
Mrs A Shirley
Mr S Sankar
Police and Crime
Panel
Mr B Cabbell
Manners
SUBSTITUTE(S)
Mr M J M Baker
Ms V R Gay
Mr G R Jones
Mrs B A McGoun
Mr D Young
Mr R Price
Mr R Shepherd
Mr S Ward
Mrs B McGoun
Mr E Seward
Mrs L Walker
Mr N Smith
Mr S Ward
Miss B Palmer
Mr N Dixon
Mrs A ClaussenReynolds
Mr P Terrington
Ms V R Gay
Mr R Reynolds
Mr P W High
Mrs B A McGoun
Mr J A Wyatt
Mr R Shepherd
Mr N Smith
Mr S Ward
Mr J Punchard
12.
APPOINTMENT OF MEMBERS ON WORKING PARTIES, FORUMS, AREA AND
ADVISORY COMMITTEES
Decision:
To recommend Council to appoint North Norfolk District
Council Members on Working Parties, Forums and Area
Advisory Committees as outlined below:
No of
seats
CONSERVATIVE
LIBERAL
DEMOCRAT
OTHER
11
Mr B Cabbell
Manners
Mr N Dixon
Mrs A Green
Mr T Ivory
Mr K Johnson C
Mrs S Arnold VC
Mr P W High
Mr G R Jones
Mr P Williams
Mr D Young
Mr M Baker
Joint Staff Consultative
Committee
6
Mrs S A Arnold
Mrs H Eales
Mr K Johnson
Mr P W High
Mrs B A
McGoun
Vacancy
Member Training,
Development & Support
Group
(Non political
Member/Officer Group)
(Not Politically
Balanced)
6
Mr K Johnson
Mr J Lee
Mr B Smith
Mrs V
Uprichard
Mr P W High
Vacancy
Coastal Issues Forum
(Members with Coastal
Wards or Special
Responsibility for
Coastal Issues) (Not
Politically Balanced)
23
Mr J Lee
Mr R Price
Mr K Johnson
Mr B Smith
Mr W Northam
Mr J Savory
Mr B Cabbell
Manners
Mrs A Fitch-Tillett
Mrs L Brettle
Mrs H Thompson
Mr B Jarvis
Mr D Young
Mr B Hannah
Mr R Smith
Mrs L Walker
Mr P Williams
Constitution Working
Party
5
Mrs A M FitchTillett
Mr K E Johnson
Mrs H Thompson
Ms V R Gay
Mrs A M
Moore
WORKING PARTY,
FORUM,
AREA/ADVISORY
COMMITTEE
Planning Policy and Built
Heritage Working Party
Mr P
Terrington
CHAIRMEN AND VICE – CHAIRMEN (WHERE APPROPRIATE)
WORKING PARTY, FORUM,
AREA/ADVISORY
COMMITTEE
Planning Policy and Built
Heritage Working Party
CHAIRMAN
VICE - CHAIRMAN
Mr K Johnson
Mr S Arnold
13.
Joint Staff Consultative
Committee
Mr K Johnson
Member Training,
Development & Support
Group
(Non political Member/Officer
Group) (Not Politically
Balanced)
Mr K Johnson
Constitution Working Party
Mrs H Thompson
Phil Godwin
APPOINTMENT OF MEMBERS TO OUTSIDE BODIES
(pages 17 - 56)
(Appendix A – pages 22 - 40)
(Appendix B – pages 41 - 43)
(Appendix C – pages 44 -56)
Summary:
This report requires Members to make nominations and
appointments to the Council’s schedule of approved
Outside Bodies for the 2012/13 civic year.
Recommendations:
Cabinet Member(s)
All
1. That the Outside Bodies list be amended in
accordance with section 4 and 6 of the
report.
2. That the outside bodies referred to in section
5 are referred to the Scrutiny Committee for
further consideration as to whether they
remain on the Outside Body list.
3. That the Council appoints Members to the
schedule of approved Outside Bodies for the
2012/13 civic year as detailed in Appendix B.
Ward(s) affected
All
Contact Officer, telephone number and email:
Emma Duncan, Legal and Democratic Services Manager, 01263 516045,
emma.duncan@north-norfolk.gov.uk
14.
ESTABLISHMENT OF NORFOLK POLICE AND CRIME PANEL
(pages 57 - 82)
Summary:
This report sets out the arrangements for establishing a
Norfolk Police and Crime Panel, in accordance with the
requirements of the Police Reform and Social
Responsibility Act 2011.
Conclusions:
That the Council agrees the establishment and
proposed arrangements for the Norfolk Police and
Crime Panel (PCP) and appoints Mr R Shepherd to the
PCP.
Recommendations:
Council is RECOMMENDED to:(i)
Agree the establishment of a Police and
Crime Panel (PCP) for Norfolk, as a joint
committee of the district, borough and
county councils, and agree the proposed
Panel Arrangements.
Cabinet Member(s)
(ii)
Appoint Mr R Shepherd from the North
Norfolk District Council majority group to the
PCP and appoint Mr J Punchard as the
named substitute. (NB The appointed
member and named substitute must be from
the same political group).
(iii)
Endorse the proposed Rules of Procedure
and recommend to the PCP that they be
adopted.
Ward(s) affected
Cllr T. FitzPatrick
All
Contact Officer, telephone number and email:
Tony Ing, 01263 516080, tony.ing@north-norfolk.gov.uk
15.
RECOMMENDATIONS FROM LICENSING AND APPEALS COMMITTEES 2 April
2012 and 21 May 2012
LICENSING FEES FOR 2012/13 – ANIMAL WELFARE LICENCES (2 April 2012,
minute 40)
RECOMMENDATION TO FULL COUNCIL
1. To retain a banding system for Animal Welfare Licences for a period of one year,
after which time it will be reviewed.
2. That the three bands and charges are as follows:
a) Animal Boarding, Dog Breeding Establishments and Pet Shops £110.00 per
annum.
b) Dangerous Wild Animals £145.00 per annum.
c) Zoos and Riding Establishments £155.00 per annum
3. To increase the cost of Animal Welfare Licences annually by increments with the
aim of achieving cost neutrality within the lifetime of the present Licensing and
Appeals Committee.
LICENSING FEES FOR 2012/13 (21 May 2012)
RECOMMENDATION TO FULL COUNCIL
To follow
16.
RECOMMENDATION FROM CABINET 16 April 2012
NORTH LODGE PARK DEVELOPMENT PROPOSAL (minute 116)
(Report to Cabinet – pages 83 - 89)
RECOMMENDATION TO FULL COUNCIL
1. Authorise Officers to progress with a development scheme for North Lodge Park as
described in the report, to include ongoing dialogue with key stakeholders.
2. Agree to a capital expenditure of £197,000 for the scheme, to be financed from
capital receipts.
3. To authorise Officers to enter into negotiations and complete legal contracts and
where necessary, planning applications in respect of:
a)
b)
c)
17.
the financial offer from Cromer Town Council to fund the toilets and the Park
the transfer of the existing toilet buildings to the Sea View Pre-school
the transfer of the existing bowls green to the Town Council at no future cost
to North Norfolk District Council
RECOMMENDATIONS FROM CABINET 14 May 2012 AND OVERVIEW AND
SCRUTINY 23 May 2012 (please note the item references below refer to the
agenda numbering in the Cabinet and Scrutiny Agendas)
PERFORMANCE MANAGEMENT FRAMEWORK INCLUDING PERFORMANCE
MANAGEMENT OF THE ANNUAL ACTION PLAN 2012/13
CABINET RECOMMENDATION (Item 7);
RECOMMENDATION TO FULL COUNCIL
To approve:
a) the revised Performance Management Framework, and
b) the performance measures for the Annual Action Plan 2012/13
SCRUTINY RECOMMENDATION (Item 11)
To be reported at the meeting;
A POLICY POSITION ON SECTION 106
ASSOCIATED WITH RETAIL DEVELOPMENTS
FINANCIAL
CONTRIBUTIONS
CABINET RECOMMENDATION (Item 9);
RECOMMENDATION TO FULL COUNCIL
That the key principles detailed at paragraph 4.1 of the report form the basis of
the procedure to be adopted by the Council in negotiating Section 106
contributions from new retail proposals be endorsed with effect from 1st June
2012
SCRUTINY RECOMMENDATION (Item 13);
To be reported at the meeting
18.
LOCALISM ACT 2011 – CHANGES TO THE STANDARDS ARRANGEMENTS
(pages 90 - 107)
(Appendix D – pages 97 - 99)
(Appendix E – pages 100 - 103)
(Appendix F – pages 104 - 105)
(Appendix G – pages 106 - 107)
Summary:
The purpose of this report is to seek a decision from
members on implementation of the new standards regime
under the Localism Act 2011 (“the Act”).
Conclusions:
This report seeks to address the following key issues:
• Adopting a new Code of Conduct
• Arrangements for dealing with allegations relating to
the new Code of Conduct
• Interim arrangements for the registration and
declaration of interests
• Co-option of Town and Parish Councillors to a new
Standards Committee
• Joint recruitment of an Independent Person
and incorporates views expressed by the Standards
Committee at its meeting held on 8 May 2012.
Recommendations:
To adopt as of 1 July 2012 with or without amendments
the standards arrangements set out in this Report
including:(i)
the new Members’ Code of Conduct set out in
Appendix D;
(ii)
the arrangements for dealing with standards
allegations and the establishment of a Standards
Committee all as set out in Appendix E;
(iii)
the procedures for the Monitoring Officer and/or
the Independent Person to follow in considering
standards complaints set out in the Annex to
Appendix E;
(iv)
the appointment and remuneration of an
Independent Person in accordance with section 6
of the Report and Appendix F;
(v)
the adoption of the Authority’s current
arrangements in relation to the registration and
declaration of personal and prejudicial interests
until such time as regulations in relation to
‘disclosable pecuniary interests’ are published in
accordance with Clause 29 of the Act and new
recommendations in relation to interests are put
before the Full Council for approval;
(vi)
the delegation of dispensation powers under
section 33 of the Act to the Standards Committee
and the designation of the Monitoring Officer as
Proper Officer for the receipt of applications for
dispensations;
(vii)
the changes to the Authority’s Constitution
necessitated by the changes to the standards
regime and procedures outlined above;
(viii)
the delegation to the Monitoring Officer of the
power to take all steps and deal with all such
ancillary matters as are required to implement
any of the above and to render the Authority
compliant with the Act, including engaging with
Town and Parish Councils in relation to the
adoption of a Code of Conduct and the
arrangements for dealing with Standards
allegations.
Cabinet Member(s)
Ward(s) affected
Cllr T. FitzPatrick
All
Contact Officer, telephone number and email:
Tony Ing, 01263 516080, tony.ing@north-norfolk.gov.uk
19.
TO RECEIVE THE MINUTES OF THE UNDERMENTIONED COMMITTEES
(pages 108 - 131)
To receive the approved minutes of the undermentioned committees:
a)
b)
c)
Cabinet – 12 March 2012
Development Committee – 5 April 2012
Cabinet – 16 April 2012
20.
REPORTS FROM THE CABINET OR MEMBERS OF THE CABINET
21.
QUESTIONS RECEIVED FROM MEMBERS
22.
OPPOSITION BUSINESS
None received
23.
NOTICE(S) OF MOTION
COASTHOPPER SERVICE
I have been assured from the responsible officer at North County Council that whilst
there are no immediate plans to make changes to the Coasthopper, the contract with
Norfolkgreen ends in 2013. The service is heavily subsidised by Norfolk County
Council and also through the concessionary pass scheme. It is anticipated that the
County Council’s transport budget will be cut by £200,000 next year and whilst no
decisions have yet been made regarding the Coasthopper it is important that we
make every effort to retain this well used and popular service which, apart from the
pleasure given to users, both local and tourists, has brought very real benefits to
local businesses along its route.
I therefore ask this Council to contact Norfolk County Council and Norfolkgreen
endorsing its support for this important service and urging that everything possible is
done to ensure its continuance with current or even improved service for the
foreseeable future.
Proposed by Cllr. Sue Arnold
Seconded by Cllr. Jonathan Savory
24.
SEALED DOCUMENTS
(page 132)
Recommendation:
That the list of sealed documents is received by Members.
Contact: Tony Ing 01263 516080
Email: tony.ing@north-norfolk.gov.uk
25.
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.”
26.
PRIVATE BUSINESS
Circulation:
All Members of the Council.
Members of the Management Team and other appropriate Officers.
Press and Public
Agenda Item
7
FULL COUNCIL
Minutes of a meeting of North Norfolk District Council held on 18 April 2012 at the Council
Offices, Holt Road, Cromer at 6.00 pm.
Members Present:
Mrs S A Arnold
Mr 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 Gay
Mrs A Green
Mrs P Grove-Jones
Mr B Hannah
Officers in
Attendance:
Also in
Attendance:
129.
Mr P W High
Mr B Jarvis
Mr K E Johnson
Mr G R Jones
Mr J H A Lee
Mrs A Moore
Mr P W Moore
Mr W J Northam
Mr R Oliver
Miss B Palmer
Mr J Perry-Warnes
Mr R Reynolds
Mr J D Savory
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 H Thompson
Mrs V Uprichard
Mr S Ward
Mr G Williams
Mr R Wright
Mr J A Wyatt
The Chief Executive, the Corporate Directors, the Monitoring Officer, the
Organisational Development Manager, the Head of Planning & Building
Control, the Policy & Performance Management Officer, the Legal &
Democratic Services Manager, the Democratic Services Team Leader and
the Democratic Services Officer (ED)
The press – for minutes 129 - 146
MOTION WITHOUT NOTICE
Mr T FitzPatrick, Portfolio Holder for ICT and Democratic Services proposed the following
resolution: ‘that under Procedure Rule 14.1(n) of the Constitution, Rule 20.3 regarding the
switching off of mobile telephones and electronic equipment is suspended for the duration of
the meeting to allow Members to continue to use their tablets’.
RESOLVED
To accept the Motion
130.
CHAIRMAN’S COMMUNICATIONS
The Chairman welcomed Councillor N Smith back after his recent illness.
The Chairman explained that during his year of office he had been particularly frugal with the
budget available to him for fulfilling the duties associated with the role. He intended that any
residual funds in the Chairman’s Budget at the end of the year should be donated to charity.
He asked Members to endorse his request to donate the remaining money within his budget
for 2011/12 to the following nominated charities:
• Norfolk Air Ambulance
Full Council
1
18 April 2012
CHAIRMAN’S COMMUNICATIONS
•
•
•
•
(Continued)
Magpas Air Ambulance
Norfolk Churches Trust
Royal Agricultural Benevolent Fund
BREAK
RESOLVED
To endorse the Chairman’s request to donate the money within the Chairman’s Budget for
2011/12, subject to any over/underspend to the nominated charities, as set out above.
131.
132.
TO RECEIVE DECLARATION OF INTERESTS FROM MEMBERS
Member(s)
Minute
No.
Item
Interest
Mr P W Moore
136
Introduction of fees for preapplication advice and ‘Do I
need planning permission?’
enquiries
Personal and nonprejudicial – as a
practising planner
Mrs A Moore
136
Introduction of fees for preapplication advice and ‘Do I
need planning permission?’
enquiries
Personal and nonprejudicial – as a
practising planner
APOLOGIES FOR ABSENCE
Apologies for absence were received from Mr T Ivory, Mr N Lloyd, Mrs B McGoun, Mr J
Punchard, Mrs L Walker and Mr D Young.
133.
MINUTES
The minutes of the meeting of Full Council held on 22 February 2012 were approved as a
correct record. Mr M J M Baker said that he had not received a response from the Leader
regarding the amount of Council Tax arrears and the plans for recovery of these arrears, as
recorded in Minute 119.
134.
ITEMS OF URGENT BUSINESS
None received.
135.
PUBLIC QUESTIONS
None received
136.
APPOINTMENTS
a) MR S WARD TO REPLACE MR J PUNCHARD ON THE AUDIT COMMITTEE
RESOLVED
To appoint Mr S Ward to replace Mr J Punchard on the Audit Committee.
Full Council
2
18 April 2012
APPOINTMENTS
(Continued)
b) APPOINTMENT OF MS B PALMER AS A SUBSTITUTE FOR THE REVENUES AND
BENEFITS PARTNERSHIP COMMITTEE
RESOLVED
To appoint Ms B Palmer as a substitute for the Revenues and Benefits Partnership
Committee
136.
RECOMMENDATIONS FROM CABINET 12 MARCH 2012
The Chairman informed Members that Minute 104 and Item 12 would be taken together.
Mr K Johnson, Portfolio Holder for Planning said that since this item had been reported to the
Overview and Scrutiny Committee on 28 March 2012, further responses to the consultation
had been received from developers. All the consultation responses supported the principle of
pre-application discussions; however, there were divergent views as to the most appropriate
means of pre-application engagement. Taking the responses into consideration, together with
the input of officers, it was proposed that in order to mitigate the impact on the delivery of
major schemes and to encourage developers to progress their schemes to formal application
stage, that for major applications half of the pre-application fee be used to offset the statutory
fee payable at application stage.
Mr E Seward, Chairman of the Overview and Scrutiny Committee said that the Committee
supported the recommendations but wanted to ensure that there were sufficient resources
within the planning department to deliver them effectively. The Overview and Scrutiny
Committee would therefore review the scheme in January 2013.
Mr M J M Baker was concerned that the Council saw developers as a source of revenue and
that was short-sighted as they generated wealth and jobs for the district. He believed that the
level of fees to developers would soon rise and that in the long term more staff would be
required.
MINUTE 104: INTRODUCTION OF FEES FOR PRE-APPLICATION ADVICE AND ‘DO I
NEED PLANNING PERMISSION?’ ENQUIRIES?
RESOLVED
To adopt the proposals as outlined in the report with effect from 1 May 2012, subject, in the
case of major applications, to half of the fees paid at pre-application stage being used to offset
the formal application fee.
Mr M J M Baker voted against the proposal
Mr P W Moore and Mrs A Moore abstained.
MINUTE 105: NORTH NORFOLK DISTRICT COUNCIL TENANCY STRATEGY
Mr E Seward, Chairman of the Overview and Scrutiny Committee said that the Committee
endorsed the Tenancy Strategy. They had sought assurances that no tenant would be forced
to move as a result of the Strategy. He asked the Portfolio Holder for Strategic Housing to
notify Members when Victory Housing Trust had reached a decision on introducing fixed-term
tenancies.
RESOLVED
To adopt the North Norfolk District Council Tenancy Strategy
Full Council
3
18 April 2012
137.
RECOMMENDATION FROM CABINET 16 APRIL 2012
FIRST ANNUAL ACTION PLAN
The Chairman advised Members that this item would be taken together with Agenda items 10
and 11:
1. RECOMMENDATION FROM AN EXTRAORDINARY MEETING OF THE OVERVIEW
AND SCRUTINY COMMITTEE 17 APRIL 2012 - FIRST ANNUAL ACTION PLAN
2. ANNUAL ACTION PLAN 2012-13
The Leader introduced the Annual Action Plan. She said that it had been through a period of
consultation with parish and town councils and other local bodies and changes had been
made to reflect their input. The Overview and Scrutiny Committee had also responded to the
Annual Action Plan and proposed several amendments. The Cabinet’s response to these
amendments is attached at Minutes Appendix A.
The Leader explained that the Annual Action Plan would be delivered by the Performance
Management Framework. It was intended that as the first Plan was implemented lessons
would be learnt on the most effective way to take forward the next Annual Action Plan.
A Member asked for clarification regarding the targets that would be applied to the Annual
Action Plan. The Leader said that they would be included within the Performance
Management Framework.
Mr G Williams acknowledged that Cabinet had adjusted the Plan to incorporate the
amendments suggested by the Overview and Scrutiny Committee but said that his party did
not support the Corporate Plan and would therefore not support the implementation of the
Annual Action Plan.
RESOLVED
to adopt the Annual Action Plan 2012-13
138.
A POLICY POSITION ON SECTION 106 FINANCIAL CONTRIBUTIONS ASSOCIATED
WITH RETAIL DEVELOPMENTS
Mr K Johnson, Portfolio Holder for Planning introduced this item. He explained that the Council
had no policy regarding Section106 contributions from new retail developments in the District.
Recently there had been an increase in the number of applications for new retail
developments and the Council therefore needed to agree an interim policy position in respect
of such proposals as a matter of priority.
Mr P. Terrington, Local Member for Priory Ward asked whether there would be scope in the
future for extending the policy to include other commercial developments. The Portfolio Holder
replied that this was a possibility and would be the subject of future debate.
Ms V Gay, Local Member for North Walsham West, welcomed the proposal and emphasised
the importance for residents of North Walsham that the right approach was taken as there
were two new applications for large retail developments within the town.
RESOLVED
To request the Cabinet to explore the policy options available to the Council in seeking to
secure Section 106 contributions from new retail proposals at its meeting of 14 May 2012 and
draft an interim policy for debate and endorsement by Full Council at its meeting of 30 May
2012.
Full Council
4
18 April 2012
139.
CONSTITUTION WORKING PARTY
Mrs Hilary Thompson, Chairman of the Constitution Working Party introduced this item.
She outlined the proposed amendments to the current Constitution and advised Members that
some of the changes would need to be reviewed after the Senior Management restructure had
been completed. There were also some provisions that were deferred pending the publication
of relevant regulations and guidance.
Mr P Moore referred to the amendment to Paragraph 20.3 regarding the use of telephones
and electronic equipment. He said that he supported the use of electronic tablets and laptops
during committee meetings but sought reassurance that Members could not communicate via
email to each other during a meeting.
Mr R Smith also supported that amendment to Paragraph 20.3 but felt that there was not a
sufficient use of plain English and there was still the likelihood that members would
misunderstand this provision.
RESOLVED to
(i) approve the Constitution amendments and actions proposed in Appendix C;
(ii) note the provisions within the Constitution that will be reviewed after the management
restructure is completed, to be reported to the Council for approval at a later meeting
(Appendix D);
(iii) note those provisions within the Constitution where amendments or updates stand
deferred pending publication of relevant regulations and guidance (Appendix D);
note those provisions within the Constitution that are to be referred for review by the
relevant committees and/ or officers before amendments or updates are considered by the
Constitution Working Party (Appendix D).
140.
SENIOR MANAGEMENT RESTRUCTURE
The Chief Executive presented this item. She explained that this was the second phase of the
Senior Management Team review, following the restructure of the Corporate Management
Team in January 2012. The report updated Members on this second phase and presented a
revised senior management structure for the Council together with new working arrangements.
The second phase of the management restructure had been undertaken by the Corporate
Leadership Team (CLT) after consultation with the Cabinet. The Corporate Leadership team
had reflected on the responses received during the consultation period with the managers
directly affected and shaped the final proposed structure accordingly. CLT had also taken
external HR advice from the Head of Employers Services at the East of England Local
Government Association on the proposed selection and recruitment process. It was hoped that
compulsory redundancies would be avoided.
Members discussed the report:
1. Mr G Jones asked whether there would be any voluntary redundancies as a result of the
Senior Management restructure. The Chief Executive said that requests for voluntary
redundancy would be considered as part of the selection process but that a business case
would need to be made.
2. There was a concern that skilled staff could be lost and the quality of service could be
adversely affected by the restructure. The Chief Executive said that CLT was very clear
about the competencies they were seeking. The proposed structure would give the new
Heads of Service more flexibility and provide a more cohesive way of working. In response
Full Council
5
18 April 2012
SENIOR MANAGEMENT RESTRUCTURE
(Continued)
to a further question regarding the cost implications, she said that she could not be certain
as there may be further change within the individual teams once the new Heads of Service
were appointed. She did confirm that the changes would deliver in excess of £150,000 of
savings.
3. Mr E Seward was concerned that the proposal to create a team combining economic
development with arts did not seem to include sufficient focus on regeneration – a key aim
of the Corporate Plan. The Chief Executive replied that this was the area that was subject
to the most change and that succession planning was very important. She acknowledged
that there may be a need for additional resources or training and reminded Members that
£70,000 had been allocated to support jobs and the local economy. She added that the
restructure was not about making savings but about directing resources to priority areas.
4. Mr P W Moore asked why community planning had been separated from development
management. The Chief Executive explained that the intention was to bring housing and
economic development into the same service area. She added that development
management was subsidised by the taxpayer and was more of a trading unit than
community planning.
5. Mr G Williams commented that Localism would have a significant impact on the Council
and its work in the future and there would need to be greater support to outside bodies and
to local Members. The Chief Executive said that this was reflected by grouping community
planning, economic development and the community fund into one service area.
RESOLVED to
endorse the revised management structure as proposed along with the newly defined senior
management roles and note the process to be followed in respect of recruitment and retention.
141.
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)
h)
142.
Licensing and Appeals Committee – 14 November 2011
Audit Committee – 6 December 2011
Overview and Scrutiny Committee – 25 January 2012
Overview and Scrutiny Committee – 31 January 2012
Cabinet – 6 February 2012
Development Committee – 9 February 2012
Overview and Scrutiny Committee – 15 February 2012
Development Committee – 8 March 2012
REPORTS FROM THE CABINET OR MEMBERS OF THE CABINET
Mr T FitzPatrick, Portfolio Holder for Customer Services informed Members of the success of
English Tourism week in March 2012. The Cromer Tourist Information Centre had held a
series of events and they had all been very successful and there had been a lot of positive
feedback. He thanked Jane Wisson, Customer Services Team Leader and her staff for their
commitment and hard work.
Full Council
6
18 April 2012
143.
QUESTIONS RECEIVED FROM MEMBERS
Three questions had been submitted by Members, one from Mr E Seward and two from Mr G
Jones. The questions are attached at Minutes Appendix B.
In response to Mr E Seward’s question regarding the recent disruption to the Garden Bin
collection service, Mr J Lee, Portfolio Holder for Environmental Services, said that the decision
to suspend the service had been necessary to ensure that the waste and recycling collection
services were not affected. He apologised to customers for the inconvenience caused and
explained that residents had been kept informed. The Council was working with Kier to
improve the resilience of fuel supply in the future including the possibility of siting storage
tanks at the depot. Mr E Seward welcomed the review of the service. He said his main
concern was the number of bins left outside properties. In future it might be preferable to
leaflet the properties that were likely to be affected.
The Leader responded to the two questions from Mr G Jones. Regarding the publication of the
Council’s magazine, Outlook, she said that the Cabinet had discussed the issues raised with
the Chief Executive and they had received legal advice which indicated that the Code of
Recommended Practice on Local Authority Publicity had not been breached. She added that
the Cabinet had agreed some changes to the future publication of the magazine and they
would ensure that the Code was upheld at all times. Mr G Jones said that he intended to make
a complaint to the Standards Committee regarding this issue.
In response to the second question from Mr G Jones, regarding the provision of media
training, the Leader said that she accepted points 1 to 4 of the question submitted and that she
would ask the Chief Executive to assist with responding to point 5 on the cost of the training
provided. The Chief Executive confirmed that there was a separate staff training budget and
that it covered two areas – corporate training and continual professional development (CPD).
In response to a further question from the Leader as to whether staff salaries were added on
to the cost of the training, the Chief Executive said that when budgeting for staff training, only
the cost of the training provision was taken into account and overheads including salaries were
not included.
The Chairman reminded Members that there was no opportunity to debate the issue.
Mr P W Moore raised a point of order regarding Mr G Jones’ stated intention to make a
complaint to the Standards Committee. He felt that the issue should not have been raised
during an open meeting and that District Members of the Standards Committee were now
compromised. The Monitoring Officer said that he would need to see the complaint before
deciding whether the Standards Committee would be able to consider it.
144.
OPPOSITION BUSINESS
None received.
145.
NOTICE(S) OF MOTION
None received.
146.
LIST OF SEALED DOCUMENTS
RESOLVED that
the list of sealed documents be received.
Full Council
7
18 April 2012
147.
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 item(s) of business on the grounds that they
involve the likely disclosure of exempt information as defined in paragraph 4 of Part 1 of
Schedule 12A (as amended) to the Act.”
148.
PAY AND GRADING
The Chairman advised representatives from UNISON that they could stay for this item but they
could not take part in the debate or comment on any of the points raised.
Mr K Johnson, Portfolio Holder for Organisational Development introduced this item. He
reminded Members that a report was submitted to the Council on 19th October
2012recommending that a revised process for implementation be approved. Council approved
a statutory 90 day consultation with employees on the option to dismiss and re-engage the
workforce to implement the proposed pay and grading model. The consultation was also
opened up again on the model itself.
The consultation did not result in the identification of an alternative to dismissal and reengagement but did result in changes to the model. Following a request from UNISON to
check that the market data underpinning Model A was still current, an alternative updated
Model (B) was put forward. More staff would be positively impacted by Model B but there
would be 16 people who would be adversely impacted, 14 of which were already adversely
impacted under Model A. The Portfolio Holder explained that the draft report had been
discussed at Joint Staff Consultative Committee and UNISON had requested that some
comments made at that meeting should be brought to the attention of Members. UNISON had
also submitted additional comments prior to the meeting of Full Council.
The Portfolio Holder concluded by informing Members that National / Regional UNISON had
not agreed to the proposed Model A or the updated market adjusted Model B and that the
Council needed to undertake a process to seek agreement to vary contracts of employment or
in the event that employees did not agree, to undertake a dismissal and re-engagement
exercise to implement a new pay model. He advised Members that the recommendations were
as follows:
1. That in the view of the up to date market testing the recommendation is that the Council
adopts Model B as the new pay model
2. That Council confirm that the pay protection period is not extended further given that no
staff will receive a reduction in salary until October 2012. Pay protection commenced in
April 2009 and ran until March 2012. The period until October 2012 is to allow for
additional contractual protection arising from the method of implementing the pay review.
3. To approve a review to the pay policy statement to reflect any changes agreed in the new
pay model.
4. That the Chief Executive is given delegated powers to review and respond to any element
of pay inequity which may arise from implementation of Model B
5. That the Council agrees to embark on a process of dismissal and re-engagement to
implement the Council’s pay and grading review including giving employees the
opportunity to individually vary their employment contracts during the 4 week period set out
in Appendix C.
The Portfolio thanked the Members of the Pay and Grading group and local UNISON
representatives and extended particular gratitude to the Organisational Development Manager
and the Chief Executive.
Full Council
8
18 April 2012
PAY AND GRADING
(Continued)
Members discussed the report:
a) A concern was expressed that several members of staff would suffer considerably and
clarification was sought regarding the number of staff losing pay. The Organisational
Development Manager confirmed that 7 staff would lose up to £1000 a year, 42 would lose
between £1000 to £3000, 23 would lose between £3000 and £5000 and 5 members of
staff would lose in excess of £5000 a year. This was based on pay alone and did not
include car allowances or other benefits.
a) Mr P High proposed an amendment to the recommendation on the pay protection period.
He said that staff had not received a letter informing them of the decision regarding their
new pay grade until 1st November 2010 and therefore this date should be taken as the
start of the three year pay protection period. Mr P W Moore seconded the amendment,
adding that it would allow the staff adversely affected by the Pay and Grading review to
reassess their future. Mr M J M Baker said that the letter had been sent to staff prior to the
economic downturn and that the Council’s financial situation had changed considerably.
He added that the private sector was also suffering.
The amendment was put to the vote but was declared lost.
RESOLVED
1. To adopt Model B as the new pay model
2. That Council confirm that the pay protection period is not extended further given that no
staff will receive a reduction in salary until October 2012. Pay protection commenced in
April 2009 and ran until March 2012. The period until October 2012 is to allow for
additional contractual protection arising from the method of implementing the pay review.
3. To approve a review to the pay policy statement to reflect any changes agreed in the new
pay model.
4. That the Chief Executive is given delegated powers to review and respond to any element
of pay inequity which may arise from implementation of Model B
5. That the Council agrees to embark on a process of dismissal and re-engagement to
implement the Council’s pay and grading review including giving employees the
opportunity to individually vary their employment contracts during the 4 week period set out
in Appendix C.
The meeting concluded at 7.06 pm.
____
Chairman
Full Council
9
18 April 2012
Minutes Appendix A
FULL COUNCIL 18 APRIL 2012
ANNUAL ACTION PLAN
CABINET RESPONSE TO OVERVIEW AND SCRUTINY COMMITTEE 17
APRIL 2012 COMMENTS
COMMENTS
APPENDIX A
Empowering local communities to promote additional developments: to review the
wording of the response as there was a possible ambiguity regarding Neighbourhood
Plans and the Local Development Framework.
Cabinet response
Amend the consultation response wording from
“Neighbourhood Plans are a discretionary power available to those communities that
wish to accommodate additional development. The Plans can only be prepared by
Town and Parish Councils and local forums and there is no requirement to prepare a
Neighbourhood Plan. District Councils cannot prepare Neighbourhood Plans. Where
these plans are not prepared by local communities the Local Development
Framework will remain in force. The action proposed by the Council is to support
those communities that decide they wish to produce a Plan.”
to
“Neighbourhood Plans are a discretionary power available to those communities that
wish to accommodate additional development. The Plans can only be prepared by
Town and Parish Councils and local forums and there is no requirement to prepare a
Neighbourhood Plan. District Councils cannot prepare Neighbourhood Plans. In all
communities the Local Development Framework will remain in force. Any
Neighbourhood Plan developed by a Community will be in addition to and in
the context of the provisions of the LDF. The action proposed by the Council is to
support those communities that decide they wish to produce a Plan.”
APPENDIX B
Introduction
For Amendment
To insert a paragraph explaining that the Plan addresses the aspirations of all
sections of the community, young and old etc.
Cabinet response
Add following sentence to the Introduction to add to paragraph 4 as new second
sentence.
The plan is designed to deliver change that will meet the needs and aspirations of all
the people of North Norfolk including issues facing young people and older persons.
Jobs and the Local Economy
10
Minutes Appendix A
For Amendment
20 B) 4. Improving the job prospects of our residents: We will explore opportunities to
work with local businesses and identify funding to support the provision of
apprenticeships, training and work experience …..
Cabinet response
Amend Jobs and the Local economy B 4 from
“We will explore opportunities to work with local businesses and identify funding to
support the provision of apprenticeships and work experience schemes with the aim
of increasing the employment opportunities of young people in the district”
to
“We will explore opportunities to work with local businesses and identify funding to
support the provision of apprenticeships, training and work experience schemes with
the aim of increasing the employment opportunities of young people in the district”
To add Rural Transport to this section.
This is an important issue that has been raised and community transport initiatives
will continue to be funded through the Big Society Fund and the Cabinet welcomes
the joint piece of work that is being undertaken with Broadland by the Scrutiny
Committee. This work may inform a specific activity which could be incorporate in a
future year action plan.
D) 2: to add “Broads and rivers”.
Cabinet response
Amend Jobs and the Local economy D 2 from
“We will support and facilitate the establishment of a private sector led Destination
Management Organisation (DMO) for the North Norfolk coast and countryside to
maintain the profile of the district as a leading tourist destination within the UK
boosting levels of employment and income for the district”
To
We will support and facilitate the establishment of a private sector led Destination
Management Organisation (DMO) for the North Norfolk coast, broads, and
countryside to maintain the profile of the district as a leading tourist destination within
the UK boosting levels of employment and income for the district
Coast, Countryside and Built Heritage
For Amendment (subject to some of the original wording being a direct quotation
from the Corporate Plan, and therefore not open to amendment).
11
Minutes Appendix A
A) Maintain the integrity of special landscape designations, balance the development
of housing, economic activity and community usage with the need to preserve
and enhance the character and quality of the District’s countryside and built
heritage.
Cabinet response
As is stated above the original wording is a direct quotation from the Corporate Plan,
and therefore not open to amendment. However, nearly all of the activities within this
objective seek to enhance as well as preserve the character and quality of the
district’s countryside and built heritage.
A) 6: We will ensure all reported fly-tips are responded to within 2 working days.
Cabinet response
Amend Coast, Countryside and Built Heritage A 6 from
“We will ensure all reported fly-tips are responded to within 2 days”
To
“We will ensure all reported fly-tips are responded to within 2 working days”
Localism
For Amendment
B) 7: We will work with communities to identify the current and future social,
economic and environmental needs….
Cabinet response
Amend Localism B 7 from
“We will work with communities to identify the current and future social, economic
and health needs of their resident population and support them to identify and
implement local, innovative and creative solutions.”
To
“We will work with communities to identify the current and future social, economic
and environmental needs of their resident population and support them to identify
and implement local, innovative and creative solutions.”
For Amendment
A) 3: Broaden this activity from NNDC Health Strategy to the aims of the Health and
Wellbeing Board.
Cabinet response
Amend Localism A 3 from
“We will work with Town and Parish Councils, local organisations and community and
voluntary groups to improve health and wellbeing consistent with the aims of the
NNDC Health Strategy.”
To
“We will work with Town and Parish Councils, local organisations and community and
voluntary groups to improve health and wellbeing consistent with the aims of the
Health and Wellbeing Board.”
Delivering the Vision
12
Minutes Appendix A
For Amendment
To add “to draft a community engagement strategy”.
Cabinet response
Add activity to Localism B as item 8 as follows
“Draft and consult on a communication and engagement framework”
13
Minutes Appendix B
FULL COUNCIL 18 APRIL 2012
AGENDA ITEM 18 QUESTIONS RECEIVED FROM MEMBERS
1. From Councillor Eric Seward
Question to Cabinet Portfolio Holder with responsibility for Environmental
Services
Garden (Brown) Bin Collection
As a result of the recent disruption to the Garden Bin collection service
due to the operator experiencing difficulties in obtaining fuel for their
vehicles what lessons have been learnt to try and ensure that the service
is not similarly disrupted in future.
2. From Councillor Graham Jones
1. The publication of the council’s magazine Outlook is governed by the
“Code Of Recommended Practice On Local Authority Publicity”. .Local
authorities are required by section 4{1] of the Local Government Act
1986 to have regard to the contents of this code before coming to any
decisions on publicity. Section 6 of the act defines publicity as “any
communication in whatever form, addressed to the public at large or a
section of the public”. The code therefore applies in relation to all
decisions by local authorities relating to paid advertising and leaflet
campaigns, publication of free newspapers and news sheets and
maintenance of websites – including the hosting of material which is
created by third parties.
2. For the 6 or so years that Outlook was part of my portfolio there was
absolutely no political interference. Our very competent and able media
and communications team had a free hand to report as they saw fit.
Occasionally suggestions might be offered and sometimes they were
accepted and sometimes they were not. Outlook won an award winning
publication and was acknowledged by a clear majority of residents as
the primary source of their information about Council services. .
3. It is clear, in my view that the last issue of Outlook was heavily biased
and failed the test of Objectivity and Even-handedness as set out in the
Code, both in content and emphasis it was heavily politicised. This
seemed strange since I am aware that the communications manager
has strong views on the importance of editorial independence.
4. Investigations have unearthed the shock revelation that Councillor
Trevor Ivory has made political interventions in the editorial content of
the magazine. In response to a direct question from Councillor Virginia
Gay the Communications Manager said that the quote attributed to Cllr
John Lee in Outlook was amended by Cllr Ivory by the addition of the
words “After years of neglect we will do everything we can to
invest in the future of the District.” That statement was attributed to
Cllr Lee when in fact it was provided by Councillor Trevor Ivory and
therefore in my opinion the residents of the District were misled. The
14
Minutes Appendix B
Communications Manager also revealed in response to direct
questions “They [quotes] were then sent to Trevor for approval as is
now the case for all Outlook articles and came back with his
amendments….” This is scandalous and is a clear breach of the Code.
There were a number of other examples of politicising in the last
Outlook which diminished the public’s confidence in its integrity.
Will the leader now guarantee that there will be absolutely no political
interference in future magazines and that the editorial content and style
will be left in the capable hands of the Communications Manager, in
whose integrity the public have long had confidence and in order to avoid
charges of complicity in these shocking events will she remove Cllr Ivory
from the cabinet, replace him with someone capable of understanding the
Code of Recommended Practice and ask him to make a financial
contribution to the authority reflecting the cost to the council tax payers of
producing what in essence became a Conservative party publication.
15
Minutes Appendix B
3. From Councillor Graham Jones
Question for Leader at Full Council on Wednesday 18th April 2012
1. Media training was discussed at and recommended by the Member
Training, Development and Support Group on 30 August 2011. The
Group agreed the following:
a) Media training would be limited to Cabinet members and the
Corporate Management Team (CMT) but it would be useful for the
Communications Manager to write an article for the Members’
Bulletin advising all members on how to deal with media enquiries.
2. These minutes were endorsed as a correct copy at the subsequent
meeting on 7 December and endorsed by Cabinet at its meeting on
6 February. The training cost of an external consultant was £1,250
plus £80 expenses and was delivered in two half day sessions. No
other members of staff were present other than The Chief
Executive, Steve, and Nick
3. Cllr Eales gave her approval on 2 June 2011, having discussed the
training with her Cabinet colleagues. [Note: the 2nd of June was
the date that I was given and I suspect that this should be Jan?]
4. Peter Battrick and Rod Lee discussed a number of providers. They
compared costs and capabilities and decided that not only was
Chris Kelly the most experienced trainer of local government
officers and Members, he also offered the most appropriate training
package for Cabinet's needs and the cheapest deal.
5. The cost of the training overall is estimated at £1,330 to which must
be added the salary costs etc of the three highest paid officers of
the authority. This is conservatively estimated at £1,250 giving a
total cost of an estimated £2,500+.It is not clear when the leader
and cabinet were aware of the cost or indeed whether they ever
had that knowledge. Thus the leader and Cabinet agreed external
training by a consultant which cost hard pressed council tax payers
over £2,500 and at the same time cutting services, raising car
parking fees. This at a time when we have a first class
communications manager and an expensive corporate
management team who should have been perfectly capable of
delivering media training.
Will the leader please advise which of these statements she disagrees with?
16
Agenda Item No___13_________
APPOINTMENT OF MEMBERS TO OUTSIDE BODIES
Summary:
This report requires Members to make nominations and
appointments to the Council’s schedule of approved
Outside Bodies for the 2012/13 civic year.
Conclusions:
Recommendations:
Cabinet Member(s)
All
1. That the Outside Bodies list be amended in
accordance with section 4 and 6 of the
report.
2. That the outside bodies referred to in section
5 are referred to the Scrutiny Committee for
further consideration as to whether they
remain on the Outside Body list.
3. That the Council appoints Members to the
schedule of approved Outside Bodies for the
2012/13 civic year as detailed in Appendix B.
Ward(s) affected
All
Contact Officer, telephone number and email:
Emma Duncan, Legal and Democratic Services Manager, 01263 516045,
emma.duncan@north-norfolk.gov.uk
1.
Introduction
Councillors are appointed to a number of outside bodies at the annual
meeting of the Council. Many of the outside bodies support and advance the
broad objectives of the authority. Sometimes the authority itself initiates the
appointment, and other times, it is the organisation which asks the authority to
put forward a nominee.
These appointments are reviewed on a yearly basis at Annual Full Council
and reports on the work of outside bodies are reported through the Members’
Bulletin or occasionally through the Council’s committees.
2.
Outside Bodies Process
It is in the interests of the authority to ensure that the outside bodies that the
Council appoints Members to are relevant to the aims and objectives of the
Council.
17
Consequently the Democratic Services Team has written to every outside
body asking them to;
•
Confirm contact details
•
Confirm their Terms of Reference and Aims
•
Confirm the number of Members appointed to each body
•
Confirm numbers of meetings and attendance
•
Confirm that the organisation was requesting appointment for 2012/13
In addition Members of the Council have been sent a questionnaire asking for
their input on the following points:
3.
•
Confirmation that they were invited to meetings.
•
The number of meetings convened and the number attended.
•
The value contributed by the organisation to the quality of life in North
Norfolk and to the Council’s priorities.
•
Whether representatives had received a briefing from an Officer or
outgoing Member before attending the first meeting.
•
The best method for reporting on the work of the organisation.
•
The reason for representing the Council on the organisation, that is,
specific interest/knowledge or relevance to Ward.
Responses
Members responses are attached at Appendix A and these, together with the
responses from outside bodies have identified a number of bodies that either;
•
No longer exist
•
Have been merged with another body
•
Either the outside body or Member no longer consider that Council
representation is necessary.
In particular the position of the local area partnerships has changed during
the past civic year. Some of the local area partnerships (Griffon, Wells,
Stalham with Happing) no longer require representation and some Member
responses indicate that they feel that formal Council representation is no
longer necessary.
18
Consequently it is proposed that the Local Area Partnership be removed from
the list of formally appointed Outside Bodies although, Members can continue
to attend meetings of these bodies if they so wish in their personal capacity.
These bodies are identified in section 4 of the report.
There are also a number of responses from Members (or a lack of response
from the Outside Body) which indicate that it may be useful for representation
to be reviewed by the Overview and Scrutiny Committee to identify whether
continued representation is in the best interests of the Council. These bodies
are identified in section 5 of the report.
There are also a number of bodies which have been appointed to by Full
Council during the course of the civic year. It is proposed that these bodies be
added to the Outside Bodies List.
4.
Proposed deletions from the Outside Body list
a) North Norfolk Community Fund (no longer operational)
b) Fakenham and District Citizens’ Advice Bureau and North Walsham
Citizens’ Advice Bureau have merged to form Citizens’ Advice North
Norfolk.
c) District Councils Network (not a Council appointment)
d) East of England Children’s Service Member Network (not a Council
appointment)
e) Joint Scrutiny Board, County Strategic Partnership (this body has
been abolished)
f)
LGA (SIP) Most sparsely populated (not a Council appointment)
g) LGA General Assembly (not a Council appointment)
h) LGA Rural Commission (not a Council appointment)
i)
North Norfolk Community Fund (superseded by Big Society Fund)
j)
Stalham Sports Hall Development Group (has not met in the past
year)
k) North Norfolk Community Partnership, Fakenham Area Partnership,
Griffon Area Partnership, Holt Area Partnership, Poppyland
Partnership, Stalham with Happing Partnership and Upcher
Partnership.
19
5.
Bodies to be referred to the Overview and Scrutiny Committee
a) Norfolk Playing Fields Association
b) Norfolk Rural Community Council
c) Norfolk Tourism
d) North Norfolk Community Transport Partnership
e) North Norfolk Skills Partnership
6.
Additions to the list
The following organisations have been added to the list:
a) Citizens Advice North Norfolk (replacing Fakenham and District and
North Walsham CAB)
b) Shadow Health and Wellbeing Board – this appointment is reserved
for the Leader of the Council
c) Norfolk and Suffolk Energy Alliance
d) PATROL Adjudication and Bus Lane Adjudication Joint Committee
e) North Walsham Leadership of Place Stakeholder Board
f)
7.
North Norfolk Renewables Partnership
Appointments
The Group Leaders has been consulted and their nominations for
appointments to the Council’s Outside Bodies appear at Appendix B.
Members are reminded of the Council’s Guidance on Outside Bodies which
appears at Appendix C.
8.
Implications and Risks
See 9 below.
9.
Financial Implications and Risks
The Council provides funding for some of the outside bodies and members
provide an important check and balance on the way in which council tax
payers’ money is spent.
10.
Sustainability
None.
11.
Equality and Diversity
The Council is well represented over a wide range of organisations which
provides support to all residents.
20
12.
Section 17 Crime and Disorder considerations
The representation by Members on outside bodies contributes to the
reduction in crime and disorder in a variety of ways.
21
Appendix A
REPRESENTATIVES ON OUTSIDE BODIES – comments for Full Council 30 May 2012
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
Mrs A Fitch-Tillett: invited to meetings, attended 2
out of 4 meetings; makes a valuable contribution;
received a briefing before attending first meeting,
reports should be made in the Members’ Bulletin;
has an interest/specific knowledge in this field.
Mrs A Fitch-Tillett: invited to meetings; attended 2
out of 3 meetings; did not receive a briefing before
attending first meeting; reports should be made in
the Members’ Bulletin; has an interest/specific
knowledge in this field and it is in/affects her Ward.
Mr W Northam: invited to meetings; attended 3 out
of 3 meetings; previous conduit between terminal
operators and surrounding parishes; verbal report
made to Full Council as and when necessary; it is
in/affects his Ward.
Mr R Price: not invited to first meeting but to second;
attended 0 out of 2 meetings – not informed of first
meeting, prior engagement for second; makes a
valuable contribution – openness; did not receive a
briefing before attending first meeting, reports should
be made in the Members’ Bulletin; has an
interest/knowledge in this field.
Mr B Smith: invited to meetings; attended 2 out of 2
meetings; makes a valuable contribution and the
Council should continue to send a representative; did
not receive a briefing before attending the first
Active Norfolk
1
Mrs A M Fitch-Tillett
Bacton Gas Terminal
Environmental Liaison Committee
4
Mrs A M Fitch-Tillett
Mr W J Northam
Mr R Price
Mr B Smith
22
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Broads Authority
1
Mr R Stevens
Broads Internal Drainage Board
8
Mrs A M Fitch-Tillett
Mrs P Grove-Jones
Mr B Jarvis
Mr R Price
Mr W J Northam
Mr R Shepherd
Mr R Stevens
Mr N Smith
23
Notes
meeting; reports should be made in Members’
Bulletin; is in his Ward/affects his Ward.
Mr R Stevens: invited to meetings; attended almost
all of the 16 (approximately) meetings held; makes a
valuable contribution – the Broads Authority regulate
the Norfolk Broads which forms part of NNDC;
received a briefing before attending the first meeting;
reports should be emailed; has an interest/specific
knowledge in this field and it is in his Ward/affects
his Ward.
Mrs A Fitch-Tillett: invited to meetings; attended 1
out of 4 meetings; it makes a valuable contribution;
did not receive a briefing before the first meeting;
report should be made in the Members’ Bulletin; has
an interest/specific knowledge in this field.
Mrs P Grove-Jones: attended 3 out of 4 meetings;
reports should be made in the Members’ Bulletin; it is
in her Ward/affects her Ward.
Mr W Northam: invited to meetings; attended 4 out
of 4 meetings; control of water resources is vital to
the communities; verbal report should be made to
Full Council as and when necessary.
Mr R Price: invited to meetings; attended 1 out of 4
meetings; makes a valuable contribution – essential
for the Norfolk Broads; reports should be made in the
Members’ Bulletin; has an interest/knowledge in this
field and it affects his Ward.
Mr R Shepherd: invited to meetings; attended 3 out
Appendix A
ORGANISATION
Citizens Advice North Norfolk
(formerly North Walsham CAB
Management Committee and
Fakenham and District CAB
Management Committee)
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Mr K Johnson
Ms B Palmer
24
Notes
of 3 meetings; water source and control of drainage
schemes vital for agriculture; did not receive briefing
before attending first meeting; reports should be
minuted in book form as present and should contain
specialist knowledge ready for next meeting; has
interest/knowledge in this field.
Mr N Smith: has not been to any meetings as he
has only just been appointed as a representative;
reports should be made in the Members’ Bulletin.
Mr R Stevens: invited to meetings; attended almost
all of the 4 (approximately) meetings held; makes a
valuable contribution – BIDB are a vital body in
draining etc this area which forms part of NNDC; did
not receive a briefing before attending first meeting;
reports should be emailed; has an interest/specific
knowledge in this field and it is in his Ward/affects
his Ward.
Mr K Johnson: invited to meetings; attended 1 out
of 12 meetings; makes a valuable contribution but
has been unable to attend; did not receive a briefing
before attending first meeting; report should be made
in the Members’ Bulletin; has an interest/specific
knowledge in this field.
Ms B Palmer: invited to meetings; attended 0 of the
6-10 meetings; makes a valuable contribution – vital
for many residents in North Norfolk; reports should
be made in the Members’ Bulletin; is in her
Ward/affects her Ward.
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
Mr K Johnson: invited to meetings; attended 2 out
of 2 meetings; makes a valuable contribution as able
to put views forward; received briefing before
attending first meeting; report should be made in the
Members’ Bulletin; has an interest/specific
knowledge in this field.
Mr T FitzPatrick: invited to meetings; attended 5 out
of 6 meetings; makes a valuable contribution –
overseas Bittern Line User Group and has train
operator representation; did not receive briefing
before attending first meeting as this is a new body;
reports should be made in the Members’ Bulletin;
has an interest/specific knowledge in this field –
relevant to economic development portfolio.
Civil Parking Enforcement
Committee
1
Mr K Johnson
Community Rail Norfolk
1
Mr T FitzPatrick (Director)
Cromer Lawn Tennis & Squash
Association
1
Mr R Wright
District Councils Network
1
Mrs H Eales
Mrs H Eales: This is not an Outside Body and
should be removed from the list.
East of England Children’s
Service Member Network
1
Vacancy
Mrs H Eales: This is not an Outside Body and
should be removed from the list.
Fakenham and District Citizens
Advice Bureau Management
Committee – now Citizens
Advice North Norfolk
1
Ms B Palmer
See Citizens Advice North Norfolk
25
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
Ms B Palmer: invited to meetings; attended about ½
of lots of meetings convened; representative not
required; did not receive briefing before attending
first meeting; reports should be made in the
Members’ Bulletin; is in her ward/affects her Ward.
Mrs A Claussen-Reynolds: not invited to meetings;
did not receive briefing; is in her Ward/affects her
Ward.
Mr J Punchard: occasionally invited to meetings;
attended 4 out 12 meetings - invited to 6; received a
briefing before attending first meeting; reports should
be made in the Members’ Bulletin; has an
interest/specific knowledge in this field and it is
in/affects his Ward.
Mr R Reynolds: not consistently invited; not sure
how many meetings convened but 4 attended (not
management meeting); Member has felt excluded
from decision making process.
Mr S Ward: was not at first invited to meetings but is
now; has attended 3 out of 11 meetings; the Council
should not continue to send a representative – thinks
it is a waste of time; reports should be made in the
Members’ Bulletin; it is in his Ward.
Mr N Smith: attended 0 out of 3 meetings; reports
should be made in the Members’ Bulletin; has an
interest/specific knowledge in this field.
Mrs L Walker: invited to meetings and receives
regular email updates re events etc; attended 2 out
Fakenham Area Partnership
2
Ms B Palmer
Mrs A Claussen-Reynolds
Fakenham Community Centre
Management Committee
3
Mr J Punchard
Mr R Reynolds
Mr S Ward
Griffon Area Partnership
2
Mr T Ivory
Mr N Smith
Happisburgh Lighthouse Trust
1
Mrs L Walker
26
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
HMP Bure Liaison Committee
3
Mr T Ivory
Mr R Shepherd
Mr G Williams
Holt Area Partnership
2
Mr P W High
Mrs L Brettle
27
Notes
of 3 meetings; makes a valuable contribution – iconic
landmark and tourist attraction and Princess Anne is
Patron; did not receive briefing before attending first
meeting; reports should be made in the Members’
Bulletin; is in her Ward/affects her Ward.
Mr R Shepherd: invited to meetings; attended 3 out
of 3 meetings; makes a valuable contribution – allays
fears of local people re prisoners and use of airfield;
received a briefing before attending first meeting;
reports should be made in the Members’ Bulletin;
has specific knowledge in this field.
Mr G Williams: invited to meetings; attended 1 out
of 1 meeting; makes a valuable contribution – a
major facility in the District; did not receive a briefing
before attending first meeting; reports should be
made in the Members’ Bulletin; it is in his
Ward/affects his Ward.
Mr T Ivory: invited to meetings; doesn’t think it
makes a particularly valuable contribution but
attends because it is in his Ward.
Mrs L Brettle: invited to meetings; attended 6 out of
8 meetings; makes a valuable contribution –
explores funded community projects; did not receive
a briefing before attending first meeting; reports
should be made by a Cabinet Member; has an
interest in this field and it is in her Ward.
Mr P High: invited to meetings; attended 8 out of 9
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
meetings; makes a valuable contribution; did not
receive a briefing before first meeting; reports are
published in the Holt Chronicle and a copy is in Holt
Library; is in his Ward/affects his Ward.
Mr D Young: invited to meetings; 12 meetings
convened each year; attended 5 of 8 since July;
makes a valuable contribution – CAB advice is much
needed especially in hard economic times; did not
receive briefing before first meeting; reports should
be made in the Members’ Bulletin; has an
interest/specific knowledge in this field.
This Partnership has been wound up.
Holt & Dereham Citizens Advice
Bureau
1
Mr D Young
Joint Scrutiny Board, County
Strategic Partnership
1
Mr E Seward
Local Government Association
Assembly
(Formerly East of England
Regional Assembly)
1
Mrs H Eales
Mrs H Eales: invited to meetings; not yet attended
any meetings.
Mrs A M Fitch-Tillett
(Mr P Terrington)
Mrs A Fitch-Tillett: invited to meetings; attended 3
out of 4 meetings; makes a valuable contribution;
received a briefing before attending first meeting;
reports should be made in the Members’ Bulletin;
has an interest/specific knowledge in this field and it
is in her Ward/affects her Ward.
Mr P Terrington; has received invitations by email
but has not been called upon to substitute; has an
interest/specific knowledge in this field and is in his
Local Government Association –
SIP- Coastal issues
1+ Sub
28
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
Ward/affects his Ward.
Local Government Association –
SIP- Most Sparsely Populated
Councils
1
Mrs H Eales: This is not an Outside Body and
should be removed from the list.
Local Government Association
General Assembly
1
Mrs H Eales
Mrs H Eales: This is not an Outside Body and
should be removed from the list.
Local Government Association
Rural Commission
1 + Sub
Mrs H Eales
(Mr J Lee)
Mrs H Eales: This is not an Outside Body and
should be removed from the list.
Norfolk Archaeological Services
Advisory Committee
1 + 2 Subs
Mr T FitzPatrick
(Mrs L Brettle)
(Mrs A Green)
Mr T FitzPatrick: invited to meetings; attended 1 out
of 2 meetings (substitute attended); makes a
valuable contribution – Committee is under review by
County; did not receive briefing before attending first
meeting; reports should be made in the Members’
Bulletin; has an interest/specific knowledge in this
field.
Mrs L Brettle: invited to meetings as substitute for
Mr P FitzPatrick; attended 1 out of 1 meeting; makes
a valuable contribution to North Norfolk Heritage;
Council should continue to send a representative;
reports should be made by a Cabinet Member; has
an interest in this field and is in her Ward/affects her
Ward.
Mrs A Green: not aware she is on this.
Norfolk Arts Forum Executive
1+ 2 Subs
Mr B Jarvis
29
Appendix A
ORGANISATION
Norfolk Coast Partnership
NUMBER OF
REPRESENTATIVES
1+2 Subs
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
Mrs A M Fitch-Tillett
(Mrs L Brettle)
(Mr P Terrington)
Mrs A Fitch-Tillett: invited to meetings; attended 4
out of 6 meetings; makes a valuable contribution; did
not receive a briefing before the first meeting; reports
should be made in the Members’ Bulletin; has an
interest/special interest in this field.
Mrs L Brettle: invited to meetings as a substitute for
Mrs A Fitch-Tillett; attended 1 out of 2 meetings,
makes a valuable contribution to North Norfolk
Conservation etc; Council should continue to send a
representative; did not receive a briefing before the
first meeting; reports should be made via Cabinet;
has an interest in this field and it is in her
Ward/affects her Ward.
Mr P Terrington: invited to meetings; has not been
called on to substitute; did not receive a briefing; has
an interest/specific knowledge in this field and it is in
his Ward/affects his Ward.
Mrs A Claussen-Reynolds: invited to meetings;
attended all meetings convened; makes a valuable
contribution; did not receive a briefing before the first
meeting; reports should be made via Democratic
Services; has an interest/specific knowledge in this
field.
Mrs L Brettle: invited to meetings; attended 4 out of
4 meetings; makes a valuable contribution to Norfolk
Heritage and we should continue to send a
Norfolk Health Overview &
Scrutiny Committee (must be a
Member of Overview & Scrutiny
Committee)
1+Sub
Mrs A Claussen-Reynolds
(Mr B Jarvis)
Norfolk Joint Museums
Committee
1+Sub
Mrs L Brettle
(Mr R Reynolds)
30
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
representative; did not receive a briefing before the
first meeting; reports should be made via Cabinet;
has an interest in this field and it is in her
Ward/affects her Ward.
Mr R Reynolds: not been necessary to attend –
substitute.
Norfolk Playing Fields
Association
Norfolk Rail Policy Group
1
1+Sub
Mr J Lee
Mr J Lee: has never been invited to any meetings.
Mrs H Thompson
Mrs H Thompson: invited to meetings; makes a
valuable contribution; did not receive a briefing
before attending first meeting, reports should be
made in the Members’ Bulletin; has an
interest/specific knowledge in this field and it is in her
Ward/affects her Ward.
Norfolk Records Committee
1
Mrs A Claussen-Reynolds
Mrs A Claussen-Reynolds: invited to meetings;
attended all meetings except one; makes a valuable
contribution and is interesting; did not receive a
briefing before the first meeting; reports should be
made via Democratic Services; has an
interest/specific knowledge in this field.
Norfolk Rivers Internal Drainage
Board
5
Mrs A Green
Mr J H Perry-Warnes
Mr J D Savory
Mr R Shepherd
Mr J A Wyatt
Mrs A Green: invited to meetings; attended 5 out of
6 meetings; makes a valuable contribution; did not
receive a briefing before attending first meeting; a
copy of the agenda and comments from North
Norfolk Members should be received or presented
31
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
where applicable; it affects my ward and other items
are of general interest.
Mr J Perry-Warnes: invited to meetings; attended 2
out of 4 meetings; makes a valuable contribution and
the Council should continue to send a
representative; did not receive a briefing before the
first meeting; reports should be made at Full Council;
has an interest/specific knowledge in this field and it
is in his Ward/affects his Ward.
Mr J Savory: invited to meetings; attended 0 out of 2
meetings; did not receive briefing; reports should be
made in the Members’ Bulletin; has an
interest/specific knowledge in this field and it is in his
Ward/affects his Ward.
Mr R Shepherd: invited to meetings; attended 3 out
of 3 meetings; makes a valuable contribution -supply
and quality of water, also wildlife , flora and fauna
throughout area; received a briefing before attending
the first meeting; reports should be made in bound
book form as at present, specialist knowledge
needed to be ongoing; has an interest in this field.
Mr J Wyatt: invited to meetings: attended 3 out of 4
meetings; makes a valuable contribution and Council
should continue to send a representative; received a
briefing before attending first meeting; reports should
be made in the Members’ Bulletin, has an interest in
this field.
32
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
Norfolk Rural Community Council
1
Mr T Ivory
Mr T Ivory: receives information but has never been
invited to a meeting.
Norfolk Tourism
1
Mrs H Thompson
Mrs H Thompson: not yet been invited to meetings;
has an interest/specific knowledge in this field and it
is in her Ward/affects her Ward.
North Norfolk Business Forum
(and Tourism Sector Round
Table)
1
Mr N Smith
Mr N Smith: attended 3 out of 4 meetings; reports
should be made in the Members’ Bulletin; has an
interest/specific knowledge in this field.
North Norfolk Community Fund
1
Mrs H Eales
North Norfolk Community
Partnership
1
Mrs H Eales
Mrs H Eales: invited to meetings; attended 1 out of 2
meetings; this is being subsumed into the Big
Society Fund so has finished meeting.
Mrs H Eales: thinks this will not be meeting in future.
North Norfolk Community
Transport Partnership
1
To be reviewed
North Norfolk Skills Partnership
1
To be reviewed
North Norfolk Historic Buildings
Trust
1
Mrs A Green
33
Mrs A Green: invited to meetings: attended 4 out of
7 meetings; makes a valuable contribution and
Council should continue to send a representative –
local knowledge of historic buildings and able to
recommend future projects; inside information from
council committees before attending first meeting;
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
reports could be made through a possible liaison
through Phil Godwin; has an interest/specific
knowledge in this field.
North Walsham Area Community
Transport Association
2
Mr B Smith
Mr N Lloyd
North Walsham Citizens Advice
Bureau Management Committee
– now Citizens Advice North
1
Mr K Johnson
34
Mr B Smith: invited to meetings; attended 5 out of 6
meetings; makes a valuable contribution to the
quality of life in North Norfolk but not to Council
priorities; did not receive briefing before attending
first meeting; reports should be made in the
Members’ Bulletin; does not have an interest/specific
knowledge in this field and it affects his Ward.
Mr N Lloyd: invited to meetings; attended all 4
meetings plus the AGM; definitely makes a valuable
contribution and the Council should continue to send
a representative – this organisation serves a number
of disadvantaged and disable residents and helps
them access a variety of amenities as well as
important appointments, it greatly improves their
quality of life, again, it is an example of the Big
Society in action as it is run volunteers; did not
receive a briefing before attending first meeting,
reports should be made in the Members’ Bulletin and
at committee meetings – transport is a topic that is
often discussed in committee , eg at Overview and
Scrutiny; is in his Ward/affects his Ward.
See Citizens Advice North Norfolk
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
Mr N Lloyd
Mr G Jones (substitute)
Mr N Lloyd: invited to meetings; attended 3 out of 3
meetings; makes a valuable contribution and the
Council should continue to send a representative –
he is able to feedback their concerns and opinions to
Development Officers at NNDC and vice versa. This
communication is really welcomed, this body is an
example of the Big Society in action and is really
valued by the Community; did not receive a briefing
before attending the first meeting; reports should be
made in the Members’ Bulletin; it is in his
Ward/affects his Ward.
Mrs H Eales
Mr W J Northam
Mr E Seward
(Mrs A Moore)
Mrs H Eales: is invited to meetings; attended 3 out
of 3 meetings; makes a valuable contribution and
Council should continue to send a representative –
this is essential; received a briefing before the first
meeting; reports should be made at Full Council –
Revenues and Benefits Shared Service goes to
Scrutiny, Cabinet and Full Council; it is in her
portfolio.
Mr W Northam: meeting rota to be agreed; attended
4 out of 4 meetings; received a briefing before
attending the first meeting; reports should be made
to Full Council and Cabinet; it is part of his portfolio.
Mrs A Moore: not been invited to any meetings;
number of meetings convened unknown; did not
Norfolk
North Walsham Sports Hall
Management Committee
Partnership Committee –
Revenues and Benefits Shared
Services
2
3 + 2 subs
35
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
receive a briefing; reports should be made at Full
Council; has an interest/specific knowledge in this
field.
Mr E Seward: attended no meetings yet as has only
just been appointed – meetings until June; this is a 6
monthly Scrutiny item.
PATROL Adjudication and Bus
Lane Adjudication Joint
Committee
1
Mr K E Johnson
Mr K Johnson: invited to meetings; attended 4 out
of 4 meetings; makes a valuable contribution and
Council should continue to send a representative –
able to influence decisions; attended a briefing
before the first meeting; reports should be made in
the Members’ Bulletin; has an interest/specific
knowledge in this field.
Poppyland Partnership
2
Mrs S A Arnold
Mrs H Thompson
Shadow Health and Wellbeing
Board
1
Mrs H Eales
Mrs S Arnold: invited to meetings but with
insufficient notice; number of meetings convened
unknown – has attended none so far; did not receive
a briefing; reports should be made in the Members’
Bulletin; it is in her Ward/affects her Ward.
Mrs H Thompson: invited to meetings; does not
make a valuable contribution and Council should not
continue to send a representative; did not receive a
briefing; reports should be made in the Members’
Bulletin; it is in her Ward/affects her Ward.
This appointment is reserved for the Leader of the
Council.
36
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
Sheringham Little Theatre
Society Board
1
Mr R Oliver
Mr R Oliver: invited to 2 meetings – one was a
Board meeting where there were important
discussions about a scheme for low cost cinema and
the number of turns required to meet the criteria,
fundraising and membership of the friends’ group
and a second meeting regarding the important works
that must take place within and without the theatre,
and under the lease, which were covered by which
parties; has also attended a fundraising seminar run
by a Norwich accounting firm on behalf of the theatre
and we are working to produce cashflow projections
to take advantage of the information gathered there;
the Council’s membership of the Board is valuable
as there is a large amount of money put into the
theatre and it is an invaluable part of the town.
Sheringham Recreation Ground
Liaison Committee
2
Mr R Oliver
Mr R Shepherd
Mr R Shepherd: invited to meetings; attended 3 out
of 4 meetings; Council should not continue to send a
representative; did not receive a briefing; reports
should be made in the Members’ Bulletin; it is in his
Ward/affects his Ward.
Southrepps Commons
Management Committee
1
Mrs S A Arnold
Mrs S Arnold: invited to meetings; attended 9 out of
12 meetings; makes a very valuable contribution;
received a briefing before the first meeting; reports
should be made in the Members’ Bulletin; has
interest/specific knowledge in this field and it is in her
Ward/affects her Ward.
37
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
Stalham with Happing
Partnership
2
Mr B Jarvis
Mr R C Price
Mr R Price: invited to meetings; attended 7 out of 10
meetings; makes a valuable contribution –
substantial service for public not recognised by
NNDC – will resign at AGM in October and there will
be no further representation; reports should be made
in the Members’ Bulletin; has an interest/specific
knowledge in this field and it is in his Ward/affects
his Ward.
Stalham Sports Hall Development
Group
3
Mr B Jarvis
Mr R C Price
Mr R Stevens
Strategic Housing Board
1
Mr K Johnson
Mr R Price: no invitation received to meetings as
yet; makes a valuable contribution and the Council
should continue to send a representative – improves
quality of life and hopefully openness; did not receive
a briefing before first meeting; reports should be
made in the Members’ Bulletin; it is in his
Ward/affects his Ward.
Mr R Stevens: not invited to meetings; has not
attended any meetings; does not make a valuable
contribution and the Council should not continue to
send a representative; did not receive a briefing;
reports should be made by email; has an
interest/specific knowledge in this field and it is in his
Ward/affects his Ward.
Mrs H Eales: this body does not seem to have met
in the last year and should come off the list.
Mr K Johnson: invited to meetings; attended 3 out
of 4 meetings; makes a valuable contribution – able
to input views; received a briefing before attending
38
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Notes
first meeting; reports should be made in the
Members’ Bulletin; has an interest/specific
knowledge in this field.
The Wash & North Norfolk Coast
Marine Special Area of
Conservation Management
Group
1
Mr P Terrington
Upcher Partnership
2
Mr B J Hannah
Mr R Shepherd
Victory Housing Trust Board
2
Mr K Johnson
Mr T Ivory
39
Mr P Terrington: invited to meetings; attended 1 out
of 2 meetings; makes a valuable contribution and the
Council should continue to send a representative; is
happy to continue in this capacity; received a briefing
before attending the first meeting; reports should be
made to Full Council; has an interest/specific
knowledge in this field and it is in his Ward/affects
his Ward.
Mr B Hannah: attended 10 out of 12 meetings; in
particular the Upcher Partnership has played a vital
role in the Sheringham and district scene – although
funding has been withdrawn, he will if required
continue his role on this Board and not as a District
Councillor as District were the ones to stop funding
it; did not receive a briefing before the first meeting;
reports from this outside body should be made; it is
in his Ward/affects his Ward.
Mr R Shepherd: not invited to attend meetings;
several meetings have been convened; change of
policy means no input and the Council should not
send a representative; final report should be made to
Full Council; has a specific knowledge in this field.
Mr K Johnson: invited to meetings; attended 12 out
of 12 meetings; makes a valuable contribution and it
Appendix A
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S)
& SUBSTITUTE(S)
WHERE REQUIRED
Wells Harbour Users’ Advisory
Committee
1
Mr T FitzPatrick
Wells Maltings Trust
2
Mr P Terrington
Mr J D Savory
40
Notes
is important to be represented; received a briefing
before attending first meeting; reports should be
made in the Members’ Bulletin; has an
interest/specific knowledge in this field.
Mr T Ivory: concern that membership of the Board
could lead to conflict of interest. Could Members
meet with VHT in a different forum?
Mr T FitzPatrick: not yet invited to any meetings; 2-3
meetings convened; cannot say as yet whether it
makes a valuable contribution; reports should be
made in the Members’ Bulletin; it is in his
Ward/affects his Ward and is relevant to Business
and Economic Portfolio.
Mr J Savory: invited to meetings; attended 0 out of 2
meetings; did not receive briefing; reports should be
made in the Members’ Bulletin; it is in his
Ward/affects his Ward.
Mr P Terrington: invited to meetings; attended 3 out
of 4 meetings; makes a valuable contribution –
currently two Members assigned to Wells Maltings
Trust – its new constitution only covers for one
representative from NNDC; did not receive a briefing
before attending the first meeting; reports should be
made in the Members’ Bulletin; has an
interest/specific knowledge in this field and it is in his
Ward/affects his Ward.
Appendix B
REPRESENTATIVES ON OUTSIDE BODIES
ORGANISATION
Active Norfolk
NUMBER OF
REPRESENTATIVES
1
MEMBER (S) & SUBSTITUTE(S)
WHERE REQUIRED
Mrs A M Fitch-Tillett
Bacton Gas Terminal
Environmental Liaison Committee
4
Mrs A M Fitch-Tillett
Mr W J Northam
Mr R Price
Mr B Smith
Broads Authority
1
Mr R Stevens
Broads Internal Drainage Board
8
Mrs A M Fitch-Tillett
Mr B Jarvis
Mr W J Northam
Mr R Price
Mr R Shepherd
Mr R Stevens
Mrs P Grove-Jones
Mr N Smith
Civil Parking Enforcement
Committee
1
Mr K Johnson
Citizen’s Advice North Norfolk
2
Mr K Johnson
Ms B Palmer
Community Rail Norfolk
1
Mr T FitzPatrick (Director)
Cromer Lawn Tennis & Squash
Association
1
Mr R Wright
Fakenham Community Centre
Management Committee
3
Under Review
Happisburgh Lighthouse Trust
1
Mrs L Walker
HMP Bure Liaison Committee
3
Mr T Ivory
Mr R Shepherd
Mr G Williams
Holt & Dereham Citizens Advice
Bureau
1
Mr D Young
Local Government Association –
SIP- Coastal issues
1+ Sub
Norfolk Archaeological Services
Advisory Committee
1 + 2 Subs
Mr T FitzPatrick
(Mrs L Brettle)
(Mrs A Green)
Norfolk Arts Forum Executive
1+ 2 Subs
Mr B Jarvis
41
Mrs A M Fitch-Tillett
(Mr P Terrington)
Appendix B
ORGANISATION
Norfolk Coast Partnership
NUMBER OF
REPRESENTATIVES
1+2 Subs
Norfolk Health Overview & Scrutiny
Committee (must be a Member of
Overview & Scrutiny Committee)
1+Sub
Norfolk Playing Fields Association
1
Norfolk Rail Policy Group
1+Sub
MEMBER (S) & SUBSTITUTE(S)
WHERE REQUIRED
Mrs A M Fitch-Tillett
(Mrs L Brettle)
(Mr P Terrington)
Mrs A Claussen-Reynolds
(Mr B Jarvis)
Mr J Lee
Mrs H Thompson
Norfolk Records Committee
1
Mrs A Claussen-Reynolds
Norfolk Rivers Internal Drainage
Board
5
Mrs A Green
Mr J H Perry-Warnes
Mr J D Savory
Mr R Shepherd
Mr J A Wyatt
Norfolk Rural Community Council
1
Mr T Ivory
Norfolk Tourism
1
Mrs H Thompson
Norfolk and Suffolk Energy
Alliance
1
Mr T FitzPatrick
North Norfolk Business Forum
(and Tourism Sector Round Table)
1
Mr N Smith
North Norfolk Community
Transport Partnership
1
To be reviewed
North Norfolk Renewables
Partnership
1
Mr T FitzPatrick
North Norfolk Skills Partnership
1
To be reviewed
North Norfolk Historic Buildings
Trust
1
Mrs A Green
North Walsham Area Community
Transport Association
2
Mr B Smith
Mr N Lloyd
North Walsham Leadership of
Place
2
Mr T Ivory
Mr E Seward
North Walsham Sports Hall
Management Committee
2
Mr N Lloyd
Mr G Jones (substitute)
42
Appendix B
ORGANISATION
PATROL Adjudication and Bus
Lane Adjudication Joint Committee
NUMBER OF
REPRESENTATIVES
1
MEMBER (S) & SUBSTITUTE(S)
WHERE REQUIRED
Mr K E Johnson
Sheringham Little Theatre Society
Board
1
Mr R Oliver
Sheringham Recreation Ground
Liaison Committee
2
Mr R Oliver
Mr R Shepherd
Southrepps Commons
Management Committee
1
Mrs S A Arnold
Strategic Housing Board
1
Mr K Johnson
The Wash & North Norfolk Coast
Marine Special Area of
Conservation Management Group
1
Mr P Terrington
Victory Housing Trust Board
2
Mr K Johnson
Mr T Ivory
Wells Harbour Users’ Advisory
Committee
1
Mr T FitzPatrick
Wells Maltings Trust
2
Mr J D Savory
Mr P Terrington
43
Appendix C
NORTH NORFOLK DISTRICT COUNCIL
Guidance Regarding Serving on Outside Bodies
GUIDANCE REGARDING SERVING ON OUTSIDE BODIES
There are a number of outside bodies with which Members may become involved,
such as sports clubs, housing associations, community organisations, trusts,
volunteer groups, companies, etc. In some cases, the Council appoints the Member
to serve as its representative on the outside body. In other cases, the Member may
have been appointed independently of any Council involvement.
The law lays down many requirements with which Members must comply. These
may include duties to the Council, as well as duties to the outside body and its
members.
These duties may include:• A duty to act in accordance with the rules, constitution and framework of the outside
body
• A duty to keep the Council and relevant committees informed as to the activities of
the outside body
• A duty to take a proper role in the affairs of the outside body, including taking
decisions on behalf of the outside body.
In some cases, the interests of a Member (as a Councillor) on the one hand, and as
a representative on the outside body, on the other, may conflict. The following pages
outline the rules which apply to various types of organisations. Advice is given on
what action should be taken to avoid conflicts of interest arising, and how such
conflicts should be dealt with should they occur.
As a general rule, if a Member is involved in an outside body as a Director, Trustee,
or member of the body’s management committee, the primary duty which the
Member owes is to the outside body. The Member’s involvement will often mean
that the Member will have to register his or her involvement under Paragraph 13 of
the Code of Conduct, and declare such involvement as a ”personal interest” under
the Code, whenever an item concerning the outside body is discussed at a Council
meeting.
If a Member does declare a personal interest under the Code of Conduct, the
Member should then consider whether the interest is a prejudicial interest. If it is a
prejudicial interest, the Member will have to leave the meeting immediately before the
matter is considered, unless he/she wishes to make a statement before leaving the
meeting (which is only permitted where the public also has a right to address the
meeting).
If there is a major dispute between the Council and the outside body, then the
Member may be placed in an untenable situation. Before taking action, the Member
is advised to seek advice from the Chief Executive or Monitoring Officer.
At the end of the day, it is possible that the Member may find he/she is unable
adequately to carry out their responsibilities properly, both as a Member of the
44
Appendix C
Council and as a member or director of the outside body. But that would be a rare
exception, and should not deflect Members generally from being prepared to
participate in the management and running of outside organisations.
The following pages set out the law in more detail. The Monitoring Officer is able to
give more detailed advice if required, and Members are encouraged to discuss with
him or his staff any issues on which they require further guidance.
A GUIDE TO THE LAW FOR MEMBERS ON OUTSIDE BODIES
This guide is intended to give a general overview on the law which affects Members
who are involved in outside bodies, whether or not this involvement arises from an
appointment by the Council. It is not possible to provide a comprehensive guide to all
possible situations, but the Monitoring Office will be able to provide
further advice when necessary.
In this guide, the word “member” is used to cover members of companies,
organisations, management committees, etc. In order to avoid confusion, the word
“Councillor” is used for references to elected members of the City Council.
1. INTRODUCTION
1.1.
There are a number of types of outside bodies in which Councillors may
become involved, either independently, or as a representative appointed by
the Council. Some common examples are:• Charitable Trust
• Company limited by shares
• Company limited by guarantee
• Unincorporated association
The structure of each type, the management, and the rules which govern the
organisation, vary. The following table shows how each type is set up and
managed:Governing
Document
Charitable Trust
Company limited
by guarantee
Management
Possible Councillor involvement
Trust Deed
Memorandum and
Articles
Trustee meetings
a) Board of
Directors
Trustee
Director
Meetings of
members
Company
by shares
limited
Unincorporated
association
Memorandum and
Articles
a) Board of
Directors
b) Meetings of
shareholders
Director
Constitution
Management
Committee
Members meeting
Management
Committee
member
45
Common types
of organisation
Playing field trusts
Charitable
organisations,
housing
associations,
community
associations
Commercial
organisations (e.g.
providing
contractual
services)
Community
associations
Appendix C
1.2
In carrying out their duties as a Trustee, Director, or Management Committee
member, Councillors must take decisions without being influenced by the fact
that they are a Councillor. Their primary duty in acting as a representative
making management decisions for the outside body is to make these
decisions in the interests of the organisation. Councillors should always
ensure that their fellow directors/trustees are aware of the fact that they are
Councillors.
1.3
Councillors may take account of the wishes of the Council when dealing with
the affairs of the outside body, but this must always be subservient to the duty
to act in the best interest of the outside body. Accordingly, Councillors should
not take decisions for the outside body simply on the basis of the Council’s
wishes; rather, they should properly consider all the relevant issues, including
the Council’s views, and take a reasoned decision in the best interests of the
organisation.
1.4
Although Councillor representatives are not expected to be expert in all
matters which may be put before them, they are under a duty to ensure that
avoidable loss is not incurred in managing the organisation. Where
necessary, they and their fellow directors/trustees should seek proper advice.
2. CHARITABLE TRUSTS
2.1
Many arrangements constitute a “trust” in law. They are often set up to deal
with private family financial affairs, to secure the future of a person’s children.
By their nature, these are not generally charitable.
2.2
There are many trusts set up to benefit a wider group of people, and
(depending on the purpose for which the trust is set up in the first place) these
trusts may be charitable. Common instances are trusts set up to run buildings
of facilities such as playing fields, etc., and it is these trusts which Councillors
are most likely to be involved in.
2.3
Whether or not it is charitable, a trust is usually set up by an individual, or a
group of people, giving property to named trustees, on certain specified
conditions. The gift and conditions are usually set out in a document known
as a Trust Deed.
2.4
The Trust Deed may also give the trustees, and others, certain powers, such
as the appointment or replacement or trustees, or the investment of funds,
etc. These powers could include the power on the part of the City Council to
appoint trustees to act as the Council’s representative.
2.5
This type of organisation may often arise where an individual gives land for
the benefit of the community, such as a playing field. The land would be given
to named trustees to hold for the benefit of the community, and the trustees
would then administer the land in accordance with the terms set out in the
Trust Deed.
2.6
As most of the trusts with which the Council is involved with are charitable,
detailed advice on the duties of trustees is set out in the Section on Charities,
below.
3. COMPANIES
46
Appendix C
3.1
Companies are often created, to make the administration of an organisation
easier. Companies are separate legal entities, which can enter into contracts,
and employ staff. They can also sue and be sued, and this may protect the
members of the organisation from individual, personal liability. It should be
noted, however, that in some cases, directors can still be personally liable, as
detailed below.
3.2
There are several forms of company with which Councillors may be involved.
The two most common forms are:• Companies Limited by Shares
• Companies Limited by Guarantee
Companies Limited By Shares
3.3
Details on companies limited by shares have been included in this guide for
completeness, but Councillors are currently unlikely to be nominated to these
in the course of City Council business, This type of company will have a share
capital, and the company allocates the shares to its members (the
shareholders). In the event that the company is wound up, each shareholder
is liable to pay the amount equivalent to the nominal value of his or her
shareholding. If therefore a shareholder holds 100 £1 shares in a company,
they would have to pay £100 in the event of winding up, even though the
value of the shares might be e.g. £5.50 on the open market.
In return for this, shareholders share the ownership of the company, and its
profits. This is normally done by the company paying a dividend to its
shareholders. The dividend is usually declared on the basis of an amount of
money per share held. In this type of company, the day to day management
of the company is usually vested in the directors. The members ultimately
control the company by electing the directors, and deciding major issues at
general meetings.
3.4
Most high street companies are companies limited by shares, paying
dividends to their shareholders (members).
Companies Limited By Guarantee
3.5
Companies limited by guarantee also have members, who control the
activities of the company in the same way (i.e. electing directors, and making
decisions in general meetings). However, these companies do not normally
seek to make a profit, and do not therefore pay dividends to their members. In
the event of the company being wound up, the members guarantee to make a
payment to the level of their guarantee (although this is usually a nominal
sum, e.g. £1). This type of company is more commonly used for voluntary and
public bodies, especially where charitable status is sought (a company limited
by shares cannot normally fulfil the criteria for registration as a charity).
General Company Matters
3.6
Whether a company is limited by shares, or limited by guarantee, the
company is controlled by reference to its “constitution”, which is contained in
the memorandum and articles of association. These documents will set out
the powers of the company, and the rules by which it is to be managed.
47
Appendix C
3.7
Any act carried out by the company that is outside the powers set out in the
memorandum will be unlawful, and a director involved in such an act may be
personally liable for any resulting losses.
3.8
The articles of association will usually provide for the business of the
company to be decided by the members of the company, acting in general
meeting. At such meetings, the members would elect a board of directors,
who would then deal with the day to day management of the company. In
some cases, the articles may provide for the Board to elect further directors,
in certain specified circumstances.
3.9
In some situations, the Council nominates Councillors to act as “observers”
on the Board of Directors of a company. Although such observers would not
be classed as directors for most purposes, Councillors should be aware that if
an observer’s involvement increases, to such an extent that it could be said
that there is an active engagement in the management of the company, he or
she may be deemed to be a “shadow director” which may entail liability for
losses, etc.
3.10
Once elected to the Board, a director has a number of duties and liabilities,
under general company law. The fact that a director is appointed to the board
as a representative of the Council does not diminish these duties. The
director will be an agent of the company, whose prime duties and liabilities
are as follows:
Duties
(1)
A “fiduciary” duty to the company (not individual shareholders)
to act honestly and in good faith and in the best interests of the
company as a whole. This duty is akin to that owed by Councillors to
the council tax payers of the district.
(2) A general duty of to take reasonable care and skill in acting in the
company’s affairs, including seeking professional advice where this is
necessary.
(3) A duty to exercise independent judgement when dealing with the
company’s affairs, rather than blindly voting in accordance with a
direction from another body represented by the director (such as the
Council in the case of a director nominated by the Council). A director
representing another body may take into account the views of that
body, but cannot allow them to rule against the company’s best
interests.
(4) A duty to avoid conflicts of interest. The interests of the Council
and the company may conflict, but the director’s primary duty is to the
company, not the organisation he or she is representing.
(5) A duty not to make a private profit from their position. Directors
must therefore disclose any interests they or their family may have in
relation to the company's contracts, and only take further part in
discussions to the extent which the governing articles permit.
48
Appendix C
(6) A duty to ensure that the legislation contained in the Companies
Acts is complied with, e.g. submission of accounts and returns, etc.
Failure to do so can lead to disqualification as a director.
Liabilities
(1) Personal liability where a company acts outside of its powers, and the
director knowingly causes or permits the company to so act.
(2) Liability to members of the company for breach of trust, if he/she
misapplies the money or property of the company. Directors may also be
liable if they fail to take action to prevent the breach of a co-director of
which they are aware.
(3) Liability to the company for any losses sustained where a director abuses
his position in some way, or fails to act in the best interests of the
company.
(4) Liability for losses caused by a director who fails to exercise the requisite
level of skill and care (and fails to seek appropriate advice).
(5) Liability to contribute towards to company’s assets where a director knows
or ought to know that there is no reasonable prospect of the company
avoiding liquidation, but allows the company to continue to trade
(“wrongful trading”). A director should alert his fellow directors and the
company’s auditors where he or she is concerned about the company’s
position, and seek advice as necessary.
(6) Liability for fraudulent trading, i.e. where a company deals with the intent
of defrauding creditors or others. As well as a fine, a director may be
disqualified from acting as a director in another company.
(7) Liability to a fine and/or making good losses, where cheques and other
documents do not bear the name of the company.
(8) Liability to pay damages where the director deals with an individual or
another company, who believes that the director is authorised to so act,
when in fact he or she has no such power.
3.11 Companies of all types, (guarantee or shares) can purchase insurance for their
directors against claims for negligence, breaches of trust, etc., (subject to the
company’s powers permitting this). Directors should ensure that such
insurance is in place, and that the provision of insurance is within the powers
of the company. The Council does not insurance for Councillors, and any
Councillor involved as a director in a company of any sort should check with
the company to ensure that this insurance is in place.
Local Authority Companies
3.12 Legislation is in force, which seeks to restrict and control companies which have
a connection with local authorities, either because of the level of interest
owned by the Council, or because of the degree of business and involvement
between the Council and the company. “Company” includes:• companies limited by shares;
49
Appendix C
• companies limited by guarantee;
• Industrial and Provident Societies (including therefore most Housing
Associations)
3.13 There are three types of local authority companies which are affected by the
legislation. These are controlled, influenced and minority companies.
3.14 In general terms, companies are "controlled" by a local authority where there
are more than 50% local authority interests.
3.15 Companies are "influenced” companies " where there is at least 20% local
authority interest plus a business relationship with the company accounting
for over 50% of the company's turnover and/or the company was located on
local authority land leased or sold for less than best consideration.
3.16 Regulated companies (i.e. companies which are either “controlled” or
“influenced” companies), will be under the effective control of the local
authority, and under the legislation, will be subject to the capital finance
regime which applies to local authorities, as well as other special propriety
controls.
3.17 Minority companies are companies where the Council’s interest is less than
20%. This type of company is not treated as part of the local authority, and is
able to act with more freedom (subject to the other provisions affecting
companies in general).
3.18 For this reason, the Council usually ensures that any involvement it has in
companies is kept below 20%, i.e. that less than 20% of voting rights/directors
are associated with the Council. Councillors are requested to seek advice
from the Monitoring Officer if they consider that this limit may be exceeded at
any time.
3.19 A person is “associated” with the Council if he or she is a current member or
officer of the Council, or of a regulated company under the Council’s control,
or has been a member of the Council at any time within the preceding
four years.
3.20 Councillors who are directors of regulated companies to which they have been
nominated by the Council are under the following obligations:(a) to ensure that the remuneration they receive from the company should not
exceed prescribed limits, and should be declared;
(b) to give information to Councillors about their activities as required by the
local authority (save for confidential information); and
(c) to cease to be a director immediately upon disqualification as a
Councillor.
3.21 The controls on entities associated with local authorities may be subject to
change when regulations are made under the Local Government and Public
Involvement in Health Act 2007. The details are not yet available.
50
Appendix C
4 UNINCORPORATED ASSOCIATIONS
4.1 The other form of grouping with which Councillors may become involved with is
the “unincorporated association”. Unlike companies, unincorporated
associations have no separate legal identity. They consist of a group of
people who have come together for a common purpose, and agreed to work
together under a common set of rules. These rules often take the form of a
written constitution, which will set out in detail how the organisation is to
operate. In joining the group, each member agrees to abide by the
constitution.
4.2 Normally, the constitution will provide for the election by the members of a
management committee, which will be responsible for the everyday running of
the organisation. The constitution may also provide for members to have
annual general meetings, to deal with business such as the accounts,
appointment of the management committee, etc.
4.3 Depending on the purpose for which the association is formed, and the rules
governing it, an association may be charitable and therefore required to
register as a charity.
4.2 Because the association is not a separate legal entity, it cannot hold property in
its own name. Any property which the club controls will therefore have to be
vested in an individual, or individuals, who are usually called the trustees of
the association. They will hold the asset, subject to the direction of the
members, or (more usually) the management committee.
Duties
4.3 The members of the Management Committee, and the trustees appointed to hold
any assets for the association, must act within the constitution, and must take
reasonable care in exercising their powers
Liabilities
4.4 The Management Committee members are liable for the acts or omissions of the
organisation, but are entitled to an indemnity from the funds of the
organisation if they have acted properly. If there are not enough funds, the
Committee members are personally liable for the shortfall.
As in the case of companies, it is possible (subject to the rules in the constitution) for
insurance to be taken out, to cover trustees and members of the management
committee for their liability. Because the Council cannot arrange this
insurance, Councillors who are trustees or management committee members
should satisfy themselves that the trust has adequate insurance cover in this
respect.
Where members have acted outside their authority, they will be liable to the
members, and any third party affected by their actions, for any losses
sustained.
5. CHARITIES
5.1 Many outside bodies with which Councillors will be involved will be charities. The
advantages of a body having charitable status include:-
51
Appendix C
• Tax advantages
• Public image
• Donations can be more forthcoming
5.1 A charitable organisation is one which is formed for one or more of the charitable
purposes defined in the Charities Act 2006. These include :• the prevention or relief of poverty
• the advancement of education
• the advancement of religion
• the advancement of health or saving of lives
• the advancement of citizenship or community development
• the advancement of the arts, culture, heritage or science
• the advancement of amateur sport
• the advancement of human rights, conflict resolution, or reconciliation or the
promotion of religious or racial harmony or equality and diversity
• the advancement of environmental protection or improvement
• the relief of those in need by reason of youth, age, ill-health, disability,
financial hardship, or other disadvantage
• the advancement of animal welfare
• the promotion of the efficiency of the armed forces of the crown, or of the
efficiency of the police, fire and rescue services or ambulance services
5.2 Whichever purpose the charity is formed for, it must operate for the public benefit
and have exclusively charitable purposes. Political organisations, and bodies
whose powers include trading (regardless of the scale or nature) cannot be
charitable.
5.3 An organisation that falls within the definition of a charity must be registered with
the Charity Commissioners. The Commissioners oversee the operations of all
charities, and grant consent to various transactions involving charities, where the
law requires this.
5.4 Because of the nature of sharing profits with shareholders, a company limited by
shares cannot be a charity.
5.5 To register as a charity the organisation must submit its governing instrument
(i.e. the Trust Deed (in the case of a trust) the Memorandum and Articles of
Association (of a company limited by guarantee) or the constitution
(unincorporated association) to the Charity Commissioners for approval. If they
are satisfied that the organisation is charitable it will be registered as such.
5.6 The law relating to charities imposes a number of duties and liabilities on those
controlling the organisation. They are normally referred to as “trustees” which will
include the Directors (of a company limited by guarantee) and the management
committee of an unincorporated association.
Trustees' Duties
5.7 Trustees have the following duties:• A duty to act in accordance with the Trust Deed and to protect the charity's
assets
52
Appendix C
• A duty to comply with the Charities Acts and other legislation affecting the
charity
• A duty not to make a private profit from their position.
• A duty to act with the standard of care which an ordinary, prudent business
person would show. Higher standards are required of professionals, and
in relation to investment matters.
• A duty to ensure that the information relating to the trust and trustees is
registered with the Charity Commissioners and that annual accounts and
returns are completed and sent.
• (where charitable income exceeds £5,000) a duty to ensure that letters,
adverts, cheques etc. bear a statement that the organisation is a
registered charity.
Trustees' Liabilities
5.8 Trustees have the following liabilities:• A liability to make good any deficiency where trust property has been used
for a trustee’s own purposes, or for purposes not in accordance with the
purposes of the trust.
• Personal liability for losses or claims where a trustee has acted outside the
scope of the trust deed
• Personal liability where the trustee has not shown the required standard of
care
5.9 Unlike a limited company, a trust has no separate identity from the trustees.
Trustees are therefore personally liable for losses on contracts or claims by third
parties, although trustees are entitled to an indemnity from the trust assets,
provided they act properly in incurring the liability.
5.10 For example, in the case of a trust set up to run a community transport
scheme, the trustees will be liable personally for a claim from a pedestrian injured
by one of the drivers, although the trust’s insurance arrangements will indemnify
the trustees against the claim.
5.11 Trustees remain personally liable once they retire (e.g. if they have entered
into a contract on behalf of the trust) and should therefore seek an indemnity
from their successors. If the charity is a company however the trustees for the
time being will be responsible.
5.11 Trustees may be liable to fines if they do not comply with the duty to make
returns etc.
Indemnities
5.12 An indemnity may be given from the trust fund provided the trustee has acted
properly and within his/her powers. Trustees may take out insurance to protect
themselves against personal liability but not for criminal acts, fraud etc. There will
be no problem if the trustees themselves pay the premiums but if they are paid
53
Appendix C
out of the charitable funds the trustees will need the consent of the Charity
Commissioners unless the trust deed allows it.
6. INTERESTS
6.1 There are a number of rules which Councillors must be aware of, which may limit
the extent to which they are able to take part in debates or votes on issues.
These rules extend to matters involving outside bodies of which Councillors are
members or representatives.
6.2 The Code of Conduct, adopted by the City Council, requires Councillors to
register their involvement in various organisations. This involvement may also
require them to declare interests when matters concerning the organisation are
being discussed at a Council meeting. In some cases, Councillors may have to
leave the meeting and refrain from taking part in the discussion.
Registration of Interests
6.3 Under Paragraph 13 of the Code of Conduct, Councillors are required to register
their financial and other interests, in the Council’s Register of Interests, within 28
days of election or appointment. They must also notify the Council’s Monitoring
Officer in writing of any changes to these details within 28 days of the date of
such change.
6.4 Most registrations concerning outside body involvement will concern other
interests. The most likely headings under which involvement will have to be
registered are:land of corporate body within the Council’s area, where Councillor has a
beneficial interest in [£25,000 or] one hundredth of the issued share capital –
this will be rare, as most corporate outside bodies will be companies limited
by guarantee without share capital.
land in the Council’s area in which the Councillor has a beneficial interest –
this could arise where the Councillor is a trustee holding land on behalf of the
outside body
land in the Council’s area where the Councillor (along with others) has a
licence to occupy for 28 days or more – this could be where the organisation
is permitted to occupy Council premises and the Councillor (as trustee) is
granted a licence on behalf of the organisation, to formalise the arrangement.
membership of, or position of general control or management of any body to
which the Councillor is appointed or nominated as authority’s representative –
this will probably be one of the most common headings under which
involvement in outside bodies requires registration.
public authority or body exercising functions of a public nature – although not
defined in the code, this will include parish councils, and could also include
bodies such as the governors of a school.
company, industrial and provident society, charity or body directed to
charitable purposes – e.g. a Councillor on the board of a housing association,
or the member of the local village hall committee.
54
Appendix C
(body whose principal purposes include the influence of public opinion or
policy - e.g. membership of, or on management committee of, a conservation
interest group.
6.5 Councillors should therefore register such interests upon becoming a Councillor.
The Monitoring Officer will invite “renewal” of such registrations on an annual
basis, but the primary duty is on Councillors, to notify changes in writing to the
Monitoring Officer within 28 days.
6.6 Registrations relate only to the Councillor’s own interests, and there is therefore
no need to register involvement of e.g. a Councillor’s spouse or other relative, or
friend, in an organisation. Members should note however that the rules on
declarations of interest require the involvement of friends, spouses and other
relatives to be declared at meetings, where matters involving such interests are
discussed.
Declarations of Interest
Personal Interests
6.7 As well as the requirements for registration of such interests, Councillors are also
required under Part 2 the Code to disclose personal interests at any meeting
where a matter is being discussed to which the interest relates. Such a
declaration should usually be made at the start of the meeting or at the
appropriate point in the agenda.
6.8 Under paragraph 8 of the Code, matters relating to a registered interest will
always be “personal interests” and should always be declared. Registration of the
interest does not remove the requirement for an express declaration at the
meeting where the matter is under discussion.
6.9 The only exception to paragraphs 6.7 and 6.8 above is that, where you have
been nominated to an outside body by the Council and a matter affecting that
body arises at a meeting, you do not have to declare an interest at the meeting if
you do not intend to speak on the matter. You can still vote however.
6.10 Paragraph 8(2) of the Code extends the requirement to declare a personal
interest to situations where a relative or friend holds a position of general control
or management of a body. Where a Councillor would have to register an interest
if he or she were on the management committee or board of a body (e.g. a
housing association or village hall committee), a Councillor will have to declare a
personal interest at a meeting where an item involving such body, where a
relative or friend of the Councillor is on the committee/board. Thus, a Councillor
whose partner was on the management board of a community association would
have to declare a personal interest at the meeting when a grant application from
the association was being considered, even though the Councillor would not
have had to register the interest.
Prejudicial Interests
6.11 Where a Councillor declares a personal interest in a matter, they must also
consider whether the interest is a prejudicial interest. Generally, Councillors
who declare prejudicial interests must leave the meeting (and vacate the
meeting room) while the item is being discussed (but remember paragraph 6
above).
55
Appendix C
6.12 Prejudicial interests are those interests where a member of the public, knowing
all the relevant facts, would reasonably regard the interest as being so
significant that it is likely to prejudice the Councillor’s judgement of the public
interest. Councillors with a prejudicial interest should not improperly seek to
influence the decision e.g. by lobbying behind the scenes.
6.13 A Councillor who is on the management committee of a voluntary group which
submits a planning application or an application for a grant will almost
certainly have a prejudicial interest when the item in question comes up for
discussion. As stated above, there will still be a personal interest where the
Councillor’s son or friend is a member of the management committee, and it
will often be the case that such an interest is prejudicial (depending on issues
such as the closeness of the relationship).
6.14 Councillors should be aware that under previous rules, the Ombudsman has
issued guidance recommending that Councillors should refrain from
participating in discussions on matters with which they are closely linked,
even through the Code might allow an exemption. The Standards Board has
issued similar guidance, stating that Councillors should consider whether
there are other factors which make an interest prejudicial, even if (under the
Code) it could be treated as non-prejudicial. An example might be where the
proposal under consideration is controversial in nature, e.g. a contentious
planning application. Councillors finding themselves in such situations are
advised to seek guidance from the Monitoring Officer.
56
Agenda Item No___14_________
ESTABLISHMENT OF NORFOLK POLICE AND CRIME PANEL
Summary:
This report sets out the arrangements for establishing a
Norfolk Police and Crime Panel, in accordance with the
requirements of the Police Reform and Social
Responsibility Act 2011.
Conclusions:
That the Council agrees the establishment and
proposed arrangements for the Norfolk Police and
Crime Panel (PCP) and appoints Mr R Shepherd to the
PCP.
Recommendations:
Council is RECOMMENDED to:-
Cabinet Member(s)
(i)
Agree the establishment of a Police and
Crime Panel (PCP) for Norfolk, as a joint
committee of the district, borough and
county councils, and agree the proposed
Panel Arrangements.
(ii)
Appoint Mr R Shepherd from the North
Norfolk District Council majority group to the
PCP and appoint Mr J Punchard as the
named substitute. (NB The appointed
member and named substitute must be from
the same political group).
(iii)
Endorse the proposed Rules of Procedure
and recommend to the PCP that they be
adopted.
Ward(s) affected
Cllr T. FitzPatrick
All
Contact Officer, telephone number and email:
Tony Ing, 01263 516080, tony.ing@north-norfolk.gov.uk
1.
Background
57
1.1
The Police Reform and Social Responsibility Act 2011 (The Act) introduced
significant changes in police governance and accountability, in particular
replacing the Police Authorities with directly elected Police and Crime
Commissioners (PCCs). PCC elections are scheduled for 15 November
2012.
1.2
Accountability for the delivery and performance of the police service within
each force area will rest with the PCC on behalf of their electorate. The PCC
will set and shape the strategic objectives of their force area in consultation
with the Chief Constable. The PCC will be accountable to their electorate; the
Chief Constable will be accountable to their PCC.
1.3
The Act requires that the local authorities in each police force area must
establish and maintain as a joint committee, a Police and Crime Panel (PCP)
for that police area, and that all the local authorities must agree to the making
of Panel Arrangements for the PCP. The Panel Arrangements must be
collectively agreed by all the local authorities by 1 July 2012. If the local
authorities fail to agree unanimously to the Panel Arrangements, the
Secretary of State has reserve powers under the Act to establish the PCP
and determine the Panel Arrangements.
1.4
The PCP will have the following duties and powers which must be exercised
in accordance with the Act and associated Regulations:
•
•
•
•
•
•
•
•
•
1.5
the power of veto, by two-thirds majority, over the PCC’s proposed
budget and precept;
the power of veto, by two-thirds majority, over the PCC’s proposed
candidate for chief constable;
the power to ask Her Majesty's Inspectorate of Constabulary (HMIC)
for a professional view when the PCC intends to dismiss a chief
constable;
the power to review the PCC’s draft police and crime plan and make
recommendations to the PCC who must have regard to them;
the power to review the PCC’s annual report and make reports and
recommendations at a public meeting, which the PCC must attend;
the power to require any papers in the PCC’s possession (except
those which are operationally sensitive);
the power to require the PCC to attend the panel to answer questions;
the power to appoint an acting PCC (from within the PCC’s staff) when
the elected PCC is incapacitated or suspended (until she/he is no
longer incapacitated or suspended), or resigns or is disqualified (until
a new commissioner is elected); and
responsibility to investigate complaints against the PCC, although
serious issues must be passed to the Independent Police Complaints
Commission (IPCC).
According to the Home Office, “PCPs are not a replacement for police
authorities. They will fulfil an important role in scrutinising the commissioner
but we need to be clear that this reform is about reconnecting the police and
the people. This will be achieved through a directly elected PCC not through
the PCP. The PCP will have an important scrutiny role in relation to the PCC,
however it is the PCC who is taking on the role of the police authority and
who the public will hold to account for the performance of their force.”
58
2.
Developing the Panel Arrangements and Rules of Procedure
2.1
The Act requires the functions and procedural rules for the operation of the
PCP to be set out in “Panel Arrangements” and “Rules of Procedure”. The
Panel Arrangements must be determined by the local authorities collectively
but the Rules of Procedure are for the PCP to approve once it is established.
2.2
At the direction of the Norfolk Leaders Group, an officer working group,
representing all eight local authorities, has been overseeing the development
of the arrangements for the Norfolk PCP, and has reported its
recommendations through to the Leaders’ Group.
2.3
Early establishment of the PCP by the local authorities will enable it to meet
and undertake training and development activities before the PCC takes
office in November 2012.
2.4
The Act requires the eight local authorities to approve the Panel
Arrangements and local authorities are required to notify the Home Office of
the agreed Arrangements by 1 July 2012. By seeking agreement to the
proposed Panel Arrangements at meetings of the full Councils in May/June
2012 and appointing member(s) to the PCP, this will allow time for the PCP to
appoint the required two co-opted independent members; agree the Rules of
Procedure; be briefed on relevant issues; and agree the PCP’s work
programme for its first year; all before the PCC is elected at the end of
November.
2.5
The draft Panel Arrangements (Annex 1) have been prepared by the officer
working group, considered by the Norfolk Leaders’ Group and are now
submitted to each full Council for approval.
2.6
The officer working group has also prepared draft Rules of Procedure (Annex
2). As indicated earlier, the Rules of Procedure can only be approved by the
PCP itself, but Council is asked to endorse the draft and recommend to the
PCP that they be adopted.
3.
Panel membership
3.1
The Act requires that in Norfolk, the PCP consist of ten councillors from the
eight local authorities (at least one from each authority) and two independent
members (not councillors) co-opted by the PCP. All twelve members will
have equal voting rights. When appointing members, each local authority
must secure that (as far as reasonably practicable) the ‘balanced appointment
objective’ is met. That is, composition should take account of, as far as is
practicable, both political and geographical proportionality, as well as the
necessary skills, knowledge and experience needed to discharge its functions
effectively.
3.2
In addition, the PCP must, from time to time ensure that in co-opting
members who are not members of local authorities, the balanced
appointment objective is met.
59
3.3
It is therefore proposed that Breckland District Council, Broadland District
Council, Great Yarmouth Borough Council, King’s Lynn and West Norfolk
Borough Council, North Norfolk District Council, Norwich City Council and
South Norfolk District Council, will each appoint one councillor as a member
of the PCP; and that Norfolk County Council will appoint three councillors,
picking up as far as possible the requirement to ensure political balance
across the county. The Panel Arrangements include provision for named
substitutes to be appointed. In agreeing to recommend that this provision be
included, however, the Leaders’ Group considered it vital for the effective
operation of the PCP that the appointed representatives are able to build up
their knowledge and expertise. The Leaders therefore consider that the
substitution facility should be used only on rare occasions.
4.
Support for the Panel
4.1
It is proposed that Norfolk County Council will be the lead local authority for
the PCP, and, within the overall budget allocated by the Home Office, will
provide support to the PCP and its members led by a named lead officer
supplemented as required by additional specialist officers
4.2
The Home Office has indicated that it will provide £53,300 per annum to
support the PCP, plus up to £920 towards expenses per PCP member.
4.3
Any costs incurred over and above the Home Office funding will need to be
met by the local authorities. Every effort will be made to ensure that costs are
contained within the funding provided by the Home Office, but if this is not
possible, these will be shared between the eight local authorities on the basis
set out within the Panel Arrangements
4.4
The Act requires that the Panel Arrangements set out how support and
guidance will be given to elected members and officers of the eight local
authorities in relation to the functions of the PCP. It is proposed that this will
comprise initial briefing sessions for all elected members and relevant officers
of the eight local authorities before the PCC is elected and on a regular basis
thereafter; together with written briefings as appropriate.
4.5
Anticipating that each Council agrees the establishment of a Police and Crime
Panel during their meetings in May and June 2012, the intention is to set up a
shadow Panel in advance of October 2012, so that it can; appoint two coopted independent members, agree the rules of procedure, consider a
training programme and a work programme for the first year. Arrangements
have been made for the first meeting of the shadow Panel to take place on
the morning of 20 July 2012 at County Hall.
5.
Implications and Risks
5.1
The establishment of the PCP at this stage will ensure that the members of
the Panel are properly briefed and understand their roles and responsibilities
before the election of the PCC and will be ready for engaging effectively with
the elected PCC.
60
6.
Financial Implications and Risks
6.1
The principal financial implications relate to the administration of the PCP
arrangements and these are expected to be covered by Home Office funding.
As described at paragraph 4.3 above, any additional costs in excess of that
funding would have to be shared between the eight participating authorities.
7.
Sustainability
7.1
There are no direct sustainability issues arising from this report.
8.
Equality and Diversity
8.1
There are no direct equality and diversity issues arising from this report
9.
Section 17 Crime and Disorder considerations
9.1
While the requirement to establish a PCP is not directly relevant to the
Council’s Section 17 obligations, it will clearly be complementary to
maintaining the profile of such considerations.
Annex 1 – proposed Panel Arrangements for the Norfolk PCP
Annex 2 – proposed Rules of Procedure for the Norfolk PCP
61
Annex 1
Norfolk Police and Crime Panel
Panel Arrangements
1.
Background
1.1
The Police Reform and Social Responsibility Act 2011 (the Act)
introduces new structural arrangements for national policing, strategic
police decision making, neighbourhood policing and police
accountability.
1.2
The Act provides for the election of a Police and Crime Commissioner
(PCC) for a police force area, responsible for securing an efficient and
effective police force for their area, producing a police and crime plan,
recruiting the Chief Constable for an area, and holding him/her to
account, publishing certain information including an annual report,
setting the force budget and police precept and requiring the Chief
Constable to prepare reports on police matters. The PCC must cooperate with local community safety partners and criminal justice
bodies.
1.3
The Act requires the relevant local authorities (county council, city,
district and borough councils) in each police force area to establish and
maintain a Police and Crime Panel (PCP) for its police force area. It is
the responsibility of the local authorities for the police force area to
agree to the making of arrangements for the PCP (‘Panel
Arrangements’).
1.4
Each local authority and each Member of the PCP must comply with
the Panel Arrangements.
1.5
The functions of the Panel must be exercised with a view to supporting
the effective exercise of the functions of the PCC for that police force
area.
1.6
The PCP is responsible for scrutinising the PCC and promoting
openness in the transaction of police business in the police force area.
1.7
The PCP is a joint committee of the local authorities in Norfolk.
2.
Functions of the Police and Crime Panel
2.1
The functions of the PCP must be exercised with a view to supporting
the effective exercise of the functions of the PCC for Norfolk
2.2
The PCP must:(i)
review the draft police and crime plan, or draft variation given to
the PCP by the PCC, and
62
(ii)
2.3
2.4
make a report or recommendation on the draft plan or variation
to the PCC
The PCP must
(i)
arrange for a public meeting of the PCP to be held as soon as
practicable after the PCP is sent the PCC’s annual report
(ii)
ask the PCC, at that meeting, such questions about the annual
report as the members of the PCP think appropriate
(iii)
review the annual report, and
(iv)
make a report or recommendations on the annual report to the
PCC
The PCP must hold a confirmation hearing to review the proposed
appointment by the PCC of:(i)
the PCC’s chief executive
(ii)
the PCC’s chief finance officer
(iii)
a deputy PCC
The PCP must make a report to the PCC and the report must include a
recommendation as to whether or not the candidate should be
appointed.
2.5
The PCP must respond to any proposal by the PCC to call upon the
Chief Constable to retire or resign, by making a recommendation to the
PCC as to whether or not the PCC should call for the retirement or
resignation.
2.6
The PCP must review and make a report and may make
recommendations on the precept which the PCC proposes to issue for
the financial year.
2.7
The PCP must hold a confirmation hearing to review the proposed
appointment by the PCC of a Chief Constable. The PCP must make a
report to the PCC and the report must include a recommendation as to
whether or not the candidate should be appointed or must include a
statement that the PCP has vetoed the appointment.
2.8
The PCP must:(i)
review or scrutinise decisions made, or other action taken, by
the PCC in connection with the discharge of the PCC’s functions; and
(ii)
2.9
make reports or recommendations to the PCC with respect to
the discharge of the PCC’s functions
The PCP must publish any reports or recommendations made by it to
the PCC and must determine the manner in which such reports or
recommendations are to be published.
63
2.10
The PCP must send copies of any reports or recommendations it
makes to the PCC, to each county and district council in Norfolk.
2.11
The PCP must fulfil functions in relation to complaints about conduct
matters, in accordance with the responsibilities given to the PCP by the
Act.
2.12
The PCP must appoint an Acting PCC in the circumstances set out in
the Act.
2.13
The PCP may not exercise any functions other than those conferred by
the Act.
3.
Operating Arrangements
3.1
The PCP is a joint committee of the county, city, borough and district
councils in Norfolk.
3.2
Norfolk County Council shall be the lead authority in establishing and
maintaining the PCP and shall secure the administrative, secretarial
and professional support necessary to enable the PCP to fulfil its
functions.
3.3
The PCP shall consist of a minimum of 10 councillors and two co-opted
independent members. The membership of the PCP can be increased
up to a maximum size of 20 by co-opting up to 8 additional councillors,
but any proposal by the PCP to increase above the initial membership
of 12 would be subject to the approval of the Secretary of State
3.4
The local authorities will co-operate to provide the PCP with additional
officer support for research, training and development, or where
particular expertise would assist the PCP.
3.5
The local authorities will co-operate to ensure that the role of the PCP
is promoted internally and externally and that members and officers
involved in the work of the PCP are given support and guidance in
relation to the PCP’s functions.
3.6
The PCP must have regard to the Policing Protocol issued by the
Home Secretary, which sets out the ways in which the Home
Secretary, the PCC, the Chief Constable and the PCP should exercise,
or refrain from exercising functions so as to encourage, maintain or
improve working relationships and limit or prevent the overlapping or
conflicting exercise of functions.
4.
Financial Arrangements
4.1
The funding provided by the Home Office to support the work of the
PCP will be received by the County Council as lead authority. The
PCP will seek to operate within the limit of the Home Office funding.
Any additional expenditure by the PCP above the funding provided by
the Home Office will require the prior agreement of all the constituent
local authorities and, if approved, will be apportioned between the local
64
authorities on the basis of the number of members each has on the
PCP.
4.2
The Home Office funding includes a specified sum per member per
annum to cover their expenses. Each local authority will pay the
expenses of its own representatives and seek re-imbursement from the
County Council at the end of each financial year, up to a maximum of
the specified sum.
4.3
The local authorities will establish a joint independent remuneration
panel to consider whether a special responsibility allowance should be
paid to the Chairman of the PCP and if so, what the level of that SRA
should be. If the councils subsequently decide that an SRA will be paid,
the cost will be apportioned between the councils on the basis of the
number of members each has on the PCP. The independent
remuneration panel shall be convened by the lead authority, with its
membership to be drawn from the independent remuneration panels for
each local authority.
5.
Membership – Appointed Members
5.1
All county councillors and district councillors within Norfolk are eligible
to be members of the PCP.
5.2
Appointment of elected members to the PCP shall be made by each
local authority at its annual general meeting or as soon as possible
thereafter, in accordance with its procedures. Appointments shall be
made with a view to ensuring that the “balanced appointment objective”
is met so far as is reasonably practicable. The balanced appointment
objective is the objective that the local authority members of a PCP
(when taken together):(i)
represent all parts of the police area;
(ii)
represent the political make-up of the relevant authorities (when
taken together)
(iii)
have the skills, knowledge and experience necessary for the
PCP to discharge its functions effectively
5.3
The PCP’s membership will be one councillor appointed by each
district council and three councillors appointed by the county council,
with the county council as far as possible picking up the requirement to
ensure the required balance across the county. Terms of office will be
to the next annual general meeting of the respective councils.
5.4
The PCP membership shall, as far as possible, be politically balanced
in relation to the overall political balance amongst all district and county
councillors in Norfolk. The lead authority will facilitate discussions
between the local authorities in order to enable the authorities to fulfil
their duty to secure (as far as reasonably practicable) that the
appointed membership meets the balanced appointment objective.
65
5.5
The PCP shall review at its AGM whether or not the balanced
appointment objective is being met and if it concludes that it is not, the
PCP shall determine what action is needed to meet the objective.
5.6
All members of the PCP may vote in proceedings of the PCP.
5.7
Each local authority may appoint a named member to be a substitute
for its representative(s) on the PCP. Notice of a substitution must be
given by the relevant PCP member to the PCP Secretary, before the
start of the meeting concerned. The named substitute must be a
member of the same council and same political group as the PCP
member being substituted. Appointed representatives should use the
substitution facility only on rare occasions, in recognition of the
importance of building up knowledge and expertise so that the PCP
can operate effectively.
5.8
In all other respects, the appointment of substitutes shall be governed
by the rules relating to substitution set out in section 4 of appendix 10
of the County Council Constitution.
6.
Membership – Independent Members
6.1
The PCP shall co-opt two independent members onto the PCP. For the
first two co-options, one shall be appointed for a term of four years and
one for a term of three years. Thereafter the appointments will be for
four-year terms. There shall be no restriction on the overall time period
that an independent member may serve on the PCP. A member of any
of the relevant local authorities may not be a co-opted member of the
PCP where the number of co-opted members is two.
6.2
The following may not be co-opted Members of the PCP:
a)
b)
c)
d)
e)
f)
g)
the PCC for the Police Area.
a member of staff of the Police and Crime Commissioner for the
area.
a member of the civilian staff of the Police Force for the area.
a Member of Parliament.
a Member of the National Assembly for Wales.
a Member of the Scottish Parliament.
a Member of the European Parliament.
6.3
The recruitment process for co-opting independent members should
include a reasonable period of open and public advertising for the
positions. The closing date for the receipt of applications should be at
least two weeks from the date the advertisement is first placed. The
PCP shall also invite relevant organisations, as it considers
appropriate, to nominate candidates for consideration as part of the
recruitment process.
6.4
The recruitment process will be carried out in accordance with the
following principles:-
66
(i)
Appointments will be made on merit of candidates whose skills,
experience and qualities are considered best to secure the
effective functioning of the PCP
(ii)
The selection process will be fair, objective and impartial and
consistently applied to all candidates who will be assessed
against the same pre-determined criteria
(iii)
The selection process will be conducted transparently with
information about the requirements for the appointments and the
process being publicly advertised and made available
6.5
Information packs shall be prepared and sent to those requesting them.
The PCP shall appoint a selection panel to consider applications and
interview candidates.
6.6
Following the interviews, the selection panel will make
recommendations to the PCP about the appointment of the
independent members and the PCP will make a decision as to which
candidates to co-opt. In order to be co-opted, each candidate shall
require the support of a majority of the appointed members of the PCP
present at the meeting at which the decision is made. Independent
member co-options shall be subject to annual endorsement at the
PCP’s AGM. If a majority of appointed members present at the AGM
vote against endorsing an independent member’s co-option, the
independent member’s co-option shall be terminated.
7.
Casual Vacancies
7.1
A vacancy on a PCP arises when a local authority or independent
member resigns from the membership of the PCP or is removed from
the post by their local authority or, in the case of the independent
members, is removed from their post by the PCP.
7.2
Each council will fill vacancies for elected members in accordance with
the arrangements in its constitution. Vacancies for independent
members will be filled in accordance with the selection process outlined
in section 6 of these Rules.
8.
Resignation of Appointed Members
Appointed Members of the PCP who wish to resign shall do so by
notifying in writing, the PCP secretary and the appropriate officer in
their local authority.
9.
Resignation of Independent Members
Independent Members of the PCP who wish to do so shall resign by
notifying in writing the PCP secretary.
10.
Removal of Appointed Members
Each local authority shall have the right to change its appointed
member at any time and shall give notice to the PCP secretary but
67
must ensure that the change does not affect the political balance
requirement.
11.
Removal of Independent Members
Other then at the PCP’s AGM, an independent member may only be
removed from office if an appointed member has given notice to the
PCP secretary at least 10 working days prior to an ordinary meeting of
the PCP, of his or her intention to propose a motion that an
independent member’s co-option be terminated. At the subsequent
meeting, termination will only be confirmed if at least two-thirds of the
persons who are members of the PCP at the time when the decision is
made vote in favour of termination.
12.
Amendments to Panel Arrangements
12.1
Changes to the Panel Arrangements can only be made with the
collective approval of all the local authorities in Norfolk. The PCP may
propose amendments to the Panel Arrangements and any such
proposals will be referred to the local authorities and will only be
implemented if they are approved by all the local authorities.
12.2
The only exception to the requirement for the approval of the local
authorities is if the PCP wishes to increase the number of co-opted
members. The PCP may resolve that that the PCP is to have the
number of co-opted members specified in the resolution, provided that
the total membership of the PCP, including that number of co-opted
members, would not exceed 20. Any such resolution must be referred
to the Secretary of State and will only be implemented if the Secretary
of State gives approval.
13.
Interpretation
The conduct of the PCP and the content of these Panel Arrangements
shall be subject to the legislative provisions in the Police Reform and
Social Responsibility Act 2011, and any Regulations made in
accordance with that Act, and in the event of any conflict between the
Act or Regulations, and these Panel Arrangements, the requirements
of the legislation will prevail.
14.
Promotion of the Panel
14.1
The Panel Arrangements shall be promoted by:
(i)
The establishment and maintenance by the lead authority of a
website including information about the role and work of the
PCP, its membership, all non-confidential PCP and subcommittee meeting papers, press releases and other
publications; and,
68
14.2
(ii)
The issuing of regular press releases about the panel and its
work; and,
(iii)
The local authorities will include information about the PCP on
their websites, and will also include a link to the PCP website.
Support and guidance shall be provided to executive and nonexecutive members and officers of the local authorities in relation to the
functions of the PCP as follows:
a)
by the provision of briefing sessions for members and relevant
officers of the authorities before the election of the PCC, and on
a regular basis thereafter; and,
b)
by the provision of written briefing notes for members and
relevant officers of the authorities as appropriate.
69
Annex 2
Norfolk Police and Crime Panel
Rules of Procedure
1.
General
1.1
These Rules of Procedure are made by the PCP pursuant to
Schedule 6, paragraph 25 of the Police Reform and Social
Responsibility Act 2011 (the ‘Act’).
1.2
The PCP will be conducted in accordance with these Rules. The Rules
should be read having regard to the Panel Arrangements.
2.
Chairman of the Police and Crime Panel
2.1
The chairman of the PCP will be appointed at the PCP’s annual
general meeting and will be drawn from amongst all the members of
the PCP, including independent members.
2.2
The vice-chairman will be appointed at the AGM and will be drawn from
amongst all the members of the PCP, including independent members.
2.3
In the event of the Chairman and vice-chairman being absent from a
PCP meeting, the PCP will appoint a member to act as chairman for
that meeting.
2.4
In the event of the resignation of the chairman/vice-chairman or
removal of chairman/vice-chairman, a new chairman/vice-chairman will
be appointed and will be drawn from amongst all the members of the
PCP. Other then at the PCP’s AGM, the chairman and vice-chairman
may only be removed from office if a PCP member has given notice to
the PCP secretary at least 10 working days prior to an ordinary
meeting of the PCP, of his or her intention to propose a motion that the
chairman or vice-chairman be removed from office. At the subsequent
meeting, removal will only be confirmed if at least two thirds of the
persons who are members of the PCP at the time the decision is made
vote in favour of it.
3.
Meetings of the Police and Crime Panel
3.1
The PCP shall meet at least four times per year to carry out its
functions.
3.2
The PCP secretary will give notice to the public of the time and place of
any meeting of the PCP. At least 5 clear working days before meetings,
the secretary will circulate to PCP members the agenda for the meeting
setting out the date, time and place for the meeting and specifying the
business to be transacted. The agenda and minutes of PCP meetings
will be published on the County Council’s website.
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3.3
An extraordinary meeting may be called by the PCP by resolution, by
the chairman or by any four members of the PCP signing a requisition
presented to the PCP secretary.
3.4
All members of the PCP may vote in proceedings of the PCP. The
validity of the proceedings of the PCP is not affected by a vacancy in
the membership of the PCP or a defect in appointment.
4.
Quorum
4.1
A meeting of the PCP cannot take place unless at least one half of the
whole number of its members is present. In any period during which
there are vacancies amongst the membership, the calculation of half
shall be based on the number of members in office on the day of the
meeting.
5.
Work Programme
5.1
The PCP will be responsible for setting its own work programme taking
into account the priorities defined by the PCC and taking into account
the views of other agencies and partnerships.
5.2
The work programme must include the functions described in section 2
of the Panel Arrangements.
5.3
Any member of the PCP shall be entitled to give notice to the PCP
secretary that he or she wishes an item relevant to the functions of the
PCP to be included on the agenda for a PCP meeting
6.
Sub-Committees and Task and Finish Groups
6.1
Sub-Committees and time limited task and finish groups may be
established from time to time by the PCP to undertake specific task
based work and report back to the PCP.
6.2
The special functions of the PCP may not be discharged by a subcommittee of the PCP or a task and finish group.
6.3
In this paragraph ‘special functions’ means the following functions:
(i) review of the Police and Crime Plan
(ii) review of the annual report
(iii) review of senior appointments
(iv) review and potential veto of the proposed precept
(v) review and potential veto of the appointment of a Chief Constable).
6.4
The work undertaken by a sub-committee or task and finish group will
be scoped and defined beforehand, together with the timeframe within
which the work is to be completed and the reporting time for the
outcome of the work.
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6.5
A sub-committee or task and finish group may not co-opt members but
they shall be able to invite others to assist it with its work.
6.6
Sub-Committees and task and finish groups need not be politically
balanced if the PCP agrees to this.
7.
Reports from the Police and Crime Panel
7.1
Where the PCP makes a report or recommendations to the PCC, it will
publish the report or recommendation on the PCP website. Copies of
the report or recommendations will also be sent to each local authority
within the police area.
7.2
The PCP must by notice in writing require the PCC, as appropriate,
within a reasonable period of the date on which he or she receives the
report or recommendations, to:(i) Consider the report or recommendations
(ii) Respond to the PCP indicating what (if any) action the PCC
proposes to take
(iii) Where the PCP has published the report or recommendations,
publish the response
7.3
The publication of reports or recommendations is subject to the
exclusion of any exempt or confidential information as defined in the
rules on access to information in the Local Government Act 1972 (as
amended).
8.
Police and Crime Commissioner and Officers Giving Account
8.1
The PCP may scrutinise and review decisions made or actions taken in
connection with the PCC’s role. As well as reviewing documentation, in
fulfilling its role it may require the PCC, and members of the
Commissioner’s staff, to attend before the PCP (at reasonable notice)
to answer any questions which appear to the PCP to be necessary in
order to carry out its functions.
8.2
Where the PCC, or a member of the PCC’s staff, is required to attend
the PCP, the chairman of the PCP will inform them in writing, giving
reasonable notice of the meeting. The notice will state the nature of the
item for which he or she is required to attend to give account and
whether any papers are required for production for the PCP. Where it is
necessary to produce a report, sufficient time will be given to allow
preparation of that report.
8.3
Where, in exceptional circumstances, the PCC is unable to attend on
the required date, an alternative date for attendance may be arranged
following consultation with the chairman of the PCP.
8.4
If the PCP requires the PCC to attend before the PCP, the PCP may,
by giving reasonable notice request the Chief Constable to attend
before the PCP on the same occasion to answer any questions which
72
appears to the PCP to be necessary in order for it to carry out its
functions.
9.
Attendance by Others
The PCP may invite people other than those referred to above to
address it, discuss issues of local concern and/or answer questions. It
may, for example, wish to hear from residents, stakeholders,
councillors who are not members of the PCP and officers in other parts
of the public sector and may invite such people to attend. The PCP
may not however invite officers of the constabulary other than the Chief
Constable to attend meetings, without the prior agreement of the Chief
Constable.
10.
Special Functions
10.1
The Special Functions of the PCP are those functions referred to in
paragraphs 11-15, below, and which are conferred on the PCP in
relation to:
a)
b)
c)
d)
e)
the review of the Police and Crime Plan as required by
Section 28(3) of the Act;
the review of the Annual Report as required by Section 28 (4)
of the Act;
the review of senior appointments in accordance with
Paragraphs 10 and 11 of Schedule 1 of the Act;
the review and potential veto of the proposed precept in
accordance with Schedule 5 of the Act;
the review and potential veto of appointment of the Chief
Constable Part 1 the Act.
10.2
The Special Functions shall be undertaken having regard to the
requirements of the Act and Regulations in each case.
10.3
The issuing of reports and recommendations by the PCP in relation to
the Special Functions outlined above will be carried out in accordance
with paragraph 7 above.
11.
Police and Crime Plan
11.1
The PCP is a statutory consultee on the development of the PCC’s
Police and Crime Plan and will receive a copy of the draft Police and
Crime Plan, or a draft of any variation to it, from the PCC.
11.2
The PCP must
(i)
hold a public meeting to review the draft Police and Crime Plan
(or a variation to it), and;
(ii)
report or make recommendations on the draft Plan, which the
PCC must take into account.
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12.
Annual Report
12.1
The PCC must produce an Annual Report about the exercise of
his/her functions in the financial year and progress in meeting
police and crime objectives in the year. The report must be sent to the
PCP for consideration.
12.2
The PCP must comment upon the Annual Report of the PCC, and for
that purpose must:
(i)
arrange for a public meeting of the PCP to be held as soon as
practicable after the PCP receives the Annual Report;
(ii)
require the PCC to attend the meeting to present the Annual
Report and answer such questions about the Annual Report
as the Members of the PCP think appropriate;
(iii)
make a report or recommendations on the Annual Report to the
PCC.
13.
Proposed Precept
13.1
The PCP will receive notification from the PCC of the precept which
the PCC is proposing to issue for the coming financial year. The PCP
must arrange for a public meeting of the PCP to be held as soon as
practicable after the PCP receives the proposed precept and make a
report including recommendations.
13.2
Having considered the precept, the PCP must:
13.3
(i)
support the precept without qualification or comment; or
(ii)
support the precept and make recommendations; or
(iii)
veto the proposed precept (by the required majority of at least
two thirds of the persons who are members of the PCP at the
time when the decision is made).
If the PCP vetoes the proposed precept, the report to the PCC must
include a statement that the PCP has vetoed the proposed precept
and give reasons for that decision. The PCP will require a response to
the report and any such recommendations.
NOTE: This section is subject to Regulations which are currently awaited and
it may need to be changed in view of that.
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14.
Appointment of Chief Constable
14.1
The PCP must review the proposed appointment by the PCC of the
Chief Constable.
14.2
The PCP will receive notification of the proposed appointment from the
PCC, which will include:
(i)
(ii)
(iii)
(iv)
the name of the candidate;
the criteria used to assess suitability of the candidate,
why the candidate satisfies the criteria; and,
the terms and conditions proposed for the appointment
14.3
Within three weeks of the receipt of notification the PCP must
consider and review the proposed appointment, and report to the PCC
with a recommendation as to whether the candidate should be
appointed. The three week period shall not include the ‘post election
period’, being any period between the date of poll at the ordinary
election of the PCC, and the date of declaration of acceptance of
office of the PCC.
14.4
Before reporting and recommending under paragraph 14.3 above, the
PCP must convene a public meeting (‘confirmation hearing’) of the
PCP where the candidate must attend, either in person or by
telephone or video link and answer questions relating to the
appointment.
14.5
The PCP must publish the report on its web site and send copies to
each of the local authorities, and by any other means the PCP
considers appropriate.
14.6
The PCC may accept or reject the PCP’s recommendation as to
whether or not the candidate should be appointed, and must notify the
PCP accordingly.
14.7
The PCP has the power to veto the appointment of a candidate, by a
required majority of at least two thirds of the persons who are members
of the PCP at the time when the decision is made.
14.8
A confirmation hearing as in paragraph 14.4 must be held before an
appointment is vetoed.
14.9
If the PCP vetoes the appointment under paragraph 14.7, the report
referred to at paragraph 14.3 above must include a statement to
that effect.
14.10 If the PCP vetoes an appointment the PCC must not appoint that
candidate as Chief Constable
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NOTE: This section is subject to Regulations which are currently awaited and
it may need to be changed in view of that.
15.
Senior Appointments
15.1
The PCP must review the proposed appointments by the PCC of the
PCC’s Chief Executive, Chief Finance Officer and Deputy PCC.
15.2
The PCP shall receive notification of the proposed appointments from
the PCC including
(i)
(ii)
(iii)
(iv)
the name of the candidate;
the criteria used to assess suitability of the candidate,
why the candidate satisfies the criteria; and,
the terms and conditions proposed for the appointment
15.3
Within three weeks of the receipt of notification the PCP must
consider and review the proposed appointment, and report to the PCC
with a recommendation as to whether the candidate should be
appointed. The three week period will not include the post-election
period.
15.4
Before reporting and recommending under 15.3 above, the PCP must
convene a public confirmation hearing of the PCP where the candidate
must attend, either in person or by telephone or video link and answer
questions relating to the appointment.
15.5
The PCP must publish the report on its web site and send copies to
each of the local authorities, and by any other means the PCP
considers appropriate.
15.6
The PCC may accept or reject the PCP’s recommendation, and must
notify the PCP accordingly.
16.
Appointment of an Acting Police and Crime Commissioner
16.1
The PCP must appoint a person to be acting Commissioner if:
(i)
(ii)
(iii)
no person holds the office of PCC;
the PCC is incapacitated (i.e. unable to fulfil the functions of the
PCC) which is a matter for the PCP to determine; or
the PCC is suspended.
16.2
In the event that the PCP has to appoint an acting Commissioner it will
meet to determine the process for appointment which will comply with
these Rules of Procedure and any legal requirements.
16.3
The PCP may appoint a person as acting Commissioner only if the
person is a member of the PCC’s staff at the time of the appointment.
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16.4
In appointing a person as acting Commissioner in a case where the
PCC is incapacitated, the PCP must have regard to any
representations made by the PCC in relation to the appointment.
16.5
The appointment of an acting Commissioner will cease to have effect
upon the earliest of the following:
(i)
(ii)
the election of a person as PCC;
the termination by the Panel, or by the acting Commissioner, of
the appointment of the acting Commissioner;
(iii) in a case where the acting Commissioner is appointed because
the PCC is incapacitated, the PCC ceasing to be incapacitated; or
(iv) in a case where the acting PCC is appointed because the PCC is
suspended, the PCC ceasing to be suspended.
16.6
Where the acting Commissioner is appointed because the PCC is
incapacitated or suspended, the acting Commissioner’s appointment
does not terminate because a vacancy occurs in the office of PCC.
17.
Complaints
17.1
Serious complaints which involve allegations which may amount to a
criminal offence by the PCC or senior office holders are dealt with by
the Independent Police Complaints Commission (the ‘IPCC’).
17.2
The PCP may however be involved in the informal resolution of
certain other complaints against the PCC and Deputy PCC, where they
are not being investigated by the IPCC or cease to be investigated by
the IPCC.
17.3
On receipt of a complaint which falls within its remit the PCP will meet
to consider the complaints and will seek informal resolution of a
complaint by encouraging, facilitating, or otherwise assisting in the
resolution of the complaint otherwise than by legal proceedings.
Note: The handling of complaints by the PCP may be the subject of
Regulations and accordingly this paragraph may need to be changed.
18.
Suspension of the Police and Crime Commissioner
18.1
The PCP may suspend the PCC if it appears to the PCP that:
(i)
the commissioner is charged in the United Kingdom, the
Channel Islands or the Isle of Man with an offence; and
(ii)
the offence is one which carries a maximum term of
imprisonment exceeding two years.
77
18.2
The suspension of the PCC ceases to have effect upon the occurrence
of the earliest of these events:
(i)
(ii)
(iii)
(iv)
18.3
the charge being dropped;
the PCC being acquitted of the offence;
the PCC being convicted of the offence but not being
disqualified under Section 66 of the Police Reform and Social
Responsibility Act by virtue of the conviction, or
the termination of the suspension by the PCP.
In this section, references to an offence which carries a maximum term
of imprisonment exceeding two years are references to:
a)
b)
an offence which carries such a maximum term in the case of a
person who has attained the age of 18 years, or
an offence for which, in the case of such a person, the sentence
is fixed by law as life imprisonment.
19.
Suspension and Removal of the Chief Constable
19.1
The PCP will receive notification if the PCC suspends the Chief
Constable.
19.2
The PCC must also notify the PCP in writing of his/her proposal to call
upon the Chief Constable to retire or resign together with a copy of the
reasons given to the Chief Constable in relation to that proposal.
19.3
The PCC must provide the PCP with a copy of any representations
from the Chief Constable about the proposal to call for his/her
resignation or retirement.
19.4
If the PCC is still proposing to call upon the Chief Constable to resign,
she/he must notify the PCP accordingly (the ‘further notification’).
19.5
Within six weeks from the date of receiving the further notification, the
PCP must make a recommendation in writing to the PCC as to whether
or not she/he should call for the retirement or resignation. Before
making any recommendation, the PCP may consult the chief inspector
of constabulary, and must hold a scrutiny hearing.
19.6
The scrutiny hearing which must be held by the PCP is a PCP
meeting in private to which the PCC and Chief Constable are entitled to
attend to make representations in relation to the proposal to call upon
the Chief Constable to retire or resign. Appearance at the scrutiny
hearing can be by attending in person, or participating by telephone or
video link.
19.7
The PCP must publish the recommendation it makes on its web site
and by sending copies to each of the local authorities, and by any other
means the PCP considers appropriate.
78
19.8
19.9
The PCC may not call upon the Chief Constable to retire or resign until
the end of the scrutiny process which will occur:
(i)
at the end of six weeks from the PCP having received
notification if the PCP has not by then given the PCC a
recommendation as to whether or not she/he should call for the
retirement or resignation; or
(ii)
the PCC notifies the PCP of a decision about whether she/he
accepts the PCP’s recommendations in relation to resignation
or retirement.
The PCC must consider the PCP’s recommendation and may accept
or reject it, notifying the PCP accordingly.
19.10 In calculating the six week period, the post election period is ignored.
20.
Decision-making and Rules of Debate
20.1
Principles of Decision-making
These principles will underpin the way the PCP makes its decisions:-
20.2
(i)
Appropriate consultation will have been carried out and
decisions will take account of its results and any professional
advice given by officers
(ii)
The presumption that whenever possible, all decisions made by
the PCP should be made in public
(iii)
Decisions will be clear about what they aim to achieve and the
results that can be expected
Voting
20.2.1 All matters to be considered by the PCP shall be decided by a majority
of the members of the PCP present and voting at the meeting. This will
be done following the moving of a motion by any member of the PCP.
A simple majority is required to confirm a decision, except in the
specific circumstances of the PCP seeking to veto the PCC’s proposed
precept or the PCC’s proposed appointment of a Chief Constable or as
otherwise specified in these Rules of Procedure.
20.2.2 Voting will normally be by show of hands; but any member may
demand a recorded vote and, if one quarter of the members present
signifies its support, such a vote will be taken.
20.2.3 In the event of a tie in voting, the Chairman shall have a second or
casting vote
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20.3
Rules of Debate
The rules of debate of the PCP shall be governed by the rules relating
to meetings of County Council committees (section 7 of appendix 10 of
the County Council Constitution).
21.
Minutes
The Chairman will sign the minutes of the proceedings at the next
meeting. The only part of the minutes that can be discussed is their
accuracy and any question as to their accuracy must be raised by
motion.
22.
Members’ Conduct
22.1
Speaking
When a member speaks at PCP meetings, he/she must address the
meeting through the Chairman.
22.2
Chairman Requiring Silence
When the Chairman so indicates during a debate, any member
speaking at the time must stop and the meeting must be silent.
22.3
Member not to be heard further
22.3.1 If a member persistently disregards the ruling of the Chairman by
behaving improperly or offensively or deliberately obstructs business,
the Chairman may move that the member be not heard further. If
seconded, the motion will be voted on without discussion.
22.3.2 If the member continues to behave improperly after such a motion has
been carried, the Chairman may adjourn the meeting for a specified
period or move that the member leaves the meeting. If seconded, the
motion will be voted on without discussion. If the member continues to
behave improperly, the Chairman may give such direction as he/she
considers appropriate for the removal of the member and the
restoration of order.
22.4
General disturbance
If there is a general disturbance making orderly business impossible,
the Chairman may adjourn the meeting for as long as he/she considers
necessary.
23.
Disturbance by the public
23.1
Removal of member of the public
80
If a member of the public interrupts proceedings, the Chairman will
warn the person concerned. If he/she continues to interrupt, the
Chairman will order his/her removal from the meeting room.
23.2
Clearance of part of meeting room
If there is a general disturbance in any part of the meeting room open
to the public, the Chairman may call for that part to be cleared.
24
Suspension and Amendment of Procedure Rules
24.1
Suspension
These rules may be suspended by motion on notice, or without notice if
at least one half of the whole number of members of the PCP are
present. Suspension can only be for the duration of the meeting. A
motion to suspend any of these rules must specify the rule to be
suspended and must be moved in terms limited to an explanation of
the reasons for the suspension. It will be seconded in formal terms only
and will be put to the PCP without debate. No suspension may be
considered by the PCP which does not comply with the Police Reform
and Social Responsibility Act 2011, relevant Regulations, statutory
guidance or the Panel Arrangements.
24.2
Amendment
The Rules of Procedure shall not be amended unless notification of a
proposed amendment is received by the PCP Secretary at least 10
working days prior to a PCP meeting. A report on the implications of
the proposed amendment shall be considered by the PCP and the
amendment shall require the agreement of at least two thirds of the
persons who are members of the PCP at the time when the decision is
made vote in favour of it. No amendment may be considered by the
PCP which does not comply with the Police Reform and Social
Responsibility Act 2012, relevant Regulations or statutory guidance or
Panel Arrangements.
25.
Adjournment of Panel Meetings
When the PCP adjourns, whether by resolution or by decision of the
Chairman, the adjournment will by decision taken at that time be to a
date, time and place specified, provided that where this is not
practicable and a meeting is adjourned for an unspecified period and/or
to an unspecified place, all members of the PCP will be notified of the
new date, time and place when these have been determined.
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26.
Interpretation
26.1
The ruling of the Chairman as to the construction or application of
these rules or as to the proceedings of the PCP will be final for the
purposes of the meeting at which it is given.
26.2
If there is any conflict in interpretation between these Rules and the Act
or Regulations made under the Act, the Act and Regulations will
prevail.
General Note: Various functions of the PCP are subject to Regulations that
are not yet available and the content of the Rules may therefore need to
change before the final version is determined
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Report to Cabinet - April 16th 2012
Agenda Item 16
North Lodge Park Development Proposal
Summary:
This report examines the current provision in, and options
for the future to improve, North Lodge Park
Conclusions:
North Lodge Park has long been a valuable asset to the
people of Cromer and visitors to the town. It no longer
serves the whole population well and improvements are
required to widen the offer, especially to families and
younger people.
This proposal will provide a high quality play area and open
up other space that allows for a wider variety of activities but
it is recognised this requires up to £197,000 of capital
investment. However, there would be revenue savings as
indicated of £21,000 pa.
Recommendations
a)
That Officers are authorised to progress with a
development
scheme for North Lodge Park as
described in the report.
b)
That Cabinet agrees to a capital expenditure of
£197,000 for the scheme, to be financed from capital
receipts.
c)
That Officers are authorised to enter into negotiations
and complete legal contracts and, where necessary,
planning applications in respect of:
1)
2)
3)
Cabinet member(s):
Ward members
Contact Officer:
Telephone number:
e-mail:
The financial offer from Cromer Town Council
to fund the toilets and the Park
The transfer of the existing toilet buildings to
the Sea View Pre-school
The transfer of the existing bowls green to the
Town Council at no future cost to North Norfolk
District Council.
All
All
Karl Read
01263 516002
Karl.Read@north-norfolk.gov.uk
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Report to Cabinet - April 16th 2012
1.
Background
1.1
North Lodge Park has been a public park since the late 1920s. In 1974 the
Park and Lodge were transferred to North Norfolk District Council following
Local Government Review and the Lodge itself sold to Cromer Town Council
in 2005.
1.2
In 2006 North Norfolk District Council proposed to convert a substantial portion
of the Park into a municipal car park, an aspiration of some local traders and
as a revenue generating initiative for the Council. The value placed on the
park as public open space by much of the community was underestimated and
a referendum was provoked which overwhelmingly rejected the car park
proposal.
1.3
The Council then resolved to consider a scheme of improvement and
investment for the park which would not include a municipal car park and
proposals were drafted in conjunction with local stakeholders.
1.4
A draft concept design was produced to include retention of key historic
features, provision of a play area, horticultural areas, a performance space
and new more meaningful path layout. The putting greens would be deleted in
favour of more inclusive use and the ad hoc car parking provision would be
rationalised with a small parking are for exclusive use of the Town Council.
1.5
Unfortunately it was not possible to attract the wide support for the scheme
that would be necessary to secure essential external funding.
Many
stakeholders simply wanted the Park to remain the same with very minor
changes. This approach would not address aspects of modern inclusive
leisure nor would it be sufficient to attract the external financial support
needed to remedy those problem areas where significant investment was
required.
1.6
In recent years, the park has taken on a rather ‘tired’ appearance and
numerous complaints have been received regarding quality of the offer the
Council provides.
1.7
The current revenue budget (grounds maintenance and toilet provision) for the
Park is £75,761 so the saving represents 28% reduction in overall costs.
2.
Future Development Proposals
2.1
Opportunities exist and there is local demand to improve the park’s offer and
popularity and to develop a better year-round amenity for both local people
and visitors.
The Council’s Local Development Framework has identified that whilst Cromer
does not have a deficiency in public open space per se, there is a need to
improve the quality and accessibility of existing provision.
Play Area and Outdoor Gym
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Report to Cabinet - April 16th 2012
2.2
It is widely known that there is a shortfall in leisure provision for children in
Cromer. Therefore, one of the main aims of this project is to provide a good
quality play provision for the young people of Cromer and those visiting the
town.
The Council has been supplied with drawings of two options of play areas.
Both include outdoor gym equipment that could be used by adults. The
design of both gym equipment and play within the same area allows for
parents to exercise whilst their children are playing in a safe environment.
This would also help provide community gym equipment in a town where none
exists.
To encourage good community uptake of the facilities, it is proposed to run a
programme of supervised sessions to the public that provide motivation to
those participants from within the existing mobile gym programme run by the
Council.
Putting Greens
2.3
Cromer is currently very well provided for putting greens; there are four in
operation. These are very expensive to maintain and exclude other informal
uses of that land for an activity that is very seasonal. The Putting Green in
North Lodge Park is only well used during the school holidays and does not
cover the cost of the additional grounds maintenance required.
It is envisaged that forgoing the putting activity in the Park will render the grass
areas available for a wider variety of recreational pursuits and reduce ongoing
revenue costs.
Toilets
2.4
The existing toilets in the park are in poor condition and would require
significant investment to bring them up to modern standards. They are also
badly located being in a corner of the park immediately adjacent to Sea View
Pre-School facility for young children.
Originally, it was planned to close the toilets when the Rocket House facility
opened nearby. However, it is clear that if we are planning to improve the
park that a toilet facility within it is a necessity. It is proposed that new toilets
will be provided near to the new play area and the existing toilets will be
closed and the land absorbed into the Sea View Pre-school facility.
Officers are currently in discussions with the Sea View Pre-School on the
handover of the toilets. The Nursery is keen to take ownership of these
buildings and convert into storage. It is proposed that within this scheme, the
toilet buildings are gifted to the pre-school as part of their long term lease with
the Council at no additional cost to the pre-school.
It has been agreed in principle that a contribution to the cost of maintaining the
new toilets and the Park will be undertaken by Cromer Town Council and the
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Report to Cabinet - April 16th 2012
Town Council has made a resolution to that effect. This will require a formal
long term contractual agreement to be signed.
Planting and Grounds Maintenance
2.5
There will be less reliance placed upon annual planting with more emphasis
on perennial plants trees and shrubs. This will provide a modest saving each
year from the grounds maintenance budget.
Bowls Green
2.6
Cromer Town Council has expressed an interest in developing a formal
garden area in the park to commemorate the Queen’s Diamond Jubilee. It is
proposed that this would be provided by the redeveloping the bowls green to
provide a formal garden with a seating area offering fine views over the sea. In
turn, this would also provide additional savings on grounds maintenance. This
will also require a legal agreement.
Skateboard facility
2.7
In early March, the Council was made aware of a campaign to promote a
skateboard facility in North Lodge Park.
Clearly, discussions with other stakeholder groups were well advanced by this
time, especially if improvements are to be made by this summer season, and it
is not considered appropriate to place a skate park on the land proposed for
the play area. In addition, such development would also require planning
permission which would further delay matters and it is considered that the
Council should proceed with the planned improvements now.
Officers and relevant local members are working with the campaign group to
look at other potential locations for a skate park in Cromer. It may be possible
to site a skate park elsewhere in North Lodge Park and this will also be
discussed with the group and other stakeholders, with a view to helping them
move forward with their aspirations.
3.
Timescale
3.1
The provision of the play area/gym could be achieved within 8 weeks of all
orders being placed, so could be complete by early summer 2012. No
planning permission would be required for this development.
3.2
It is envisaged that the improvements to the shelters in the Park, which were
reported separately to members, as part of the capital budget planning, could
be undertaken in a similar timescale.
3.3
Any new toilets would require planning approval so would be built after the
main summer season 2012.
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Report to Cabinet - April 16th 2012
3.4
Changes to grass and planting would be undertaken across winter/spring to be
complete for spring 2013.
3.5
A Diamond Jubilee Garden would require design and the timing of this has not
been agreed at this time.
4.
Finance issues
Capital expenditure
4.1
The cost of the play area and outdoor gym will not exceed £115,000. This
would allow for a 14 station outdoor gym, 10 pieces of play equipment plus a
three metre fence surrounding the perimeter. This play area includes
installation of ‘wetpour’ safety surfacing around each piece of play equipment
to meet the relevant safety standards.
4.2
The maximum cost of new toilets is estimated at £82k, based on a recent new
build the Council procured at Happisburgh. The proposal is to provide a small
toilet facility near to the play area for the convenience, especially of parents
with children. Costs will be further reduced as a local architect has offered his
services free of charge to design the new facility.
4.3
Once drawings are available we shall go out for quantity surveyor advice to
provide more accurate costs for the toilet block and associate works.
4.4
There is a small cost to change the planting to become more sustainable.
However, this cost can be absorbed within the current ground maintenance
contract.
4.5
In addition, there is a possibility of attracting grant funding in relation to the
outdoor gym. It is impossible to estimate the level of any additional funding at
this stage however, so a worse case position has been taken at this time of a
maximum cost of £197,000.
Revenue Savings
4.6
The change of the putting area to informal recreational grassing will provide a
saving of approximately £10,000 per year on the grounds maintenance
contract.
Changing the bowls green to a formal garden with both capital and revenue
costs for this being paid by the Town Council will save £3,500 from the
grounds maintenance budget
Cromer Town Council has resolved to make a contribution to the running costs
of the new toilets and the park. This would also save the Council £10,000 per
year.
The above savings are offset by loss of income from licence fees to operate
the bowls and putting green. The total revenue savings are therefore £21,000
per year.
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Report to Cabinet - April 16th 2012
5.
Reputational Issues
5.1
Cromer residents are extremely passionate about North Lodge Park.
Therefore it is critical that whatever is provided within the Park does not
detract from its heritage value and so adversely affects the reputation of the
Council and other stakeholders involved.
There is however, a clear need to improve the quality of the park as one of the
Council’s prominent leisure assets and to this end, officers have for some
time been undertaking informal discussion and consultation with local Elected
Members (including the portfolio holder for leisure), Cromer Town Council and
Cromer Preservation Society.
Initial work has also been done with the Council’s Legal team regarding the
Town Council proposals and the pre-school lease.
It is accepted that it is unlikely that any proposal will meet with universal
satisfaction but in terms of a compromise the proposal has general support of
the stakeholders involved in discussions.
6.
Equality and Diversity
6.1
Access to this facility would be inclusive. Sensitive marketing of the new play
area and gym would ensure that all sectors of the community are engaged
with. This will identify any gaps in provision and maximise usage, ultimately
increasing recreational participation.
7.
Sustainability Issues
7.1
There will be various environmental sustainability improvements arising from
the proposals. Less reliance on annual planting and replacement with
sustainable, perennial planting regimes is a positive move forward. Likewise,
the replacement of putting and bowling greens with more general grassed
areas.
7.2
It is anticipated that modern, smaller toilets will also reduce our water usage
on the site and that there may be small savings in electricity use.
8.
Conclusions
8.1
North Lodge Park has long been a valuable asset to the people of Cromer and
visitors to the town. It no longer serves the whole population and so
improvements are required to widen the offer, especially to families and
younger people.
This proposal will provide a high quality play area and open up other space
that allows for a wider variety of activities but it is recognised this requires up
to £197k of capital investment. However, there would be revenue savings as
indicated of £21,000 pa.
9.
Recommendation
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Report to Cabinet - April 16th 2012
a) That Officers are authorised to progress with a development scheme for
North Lodge Park as described in the report.
b) That Cabinet agrees to a capital expenditure of £197,000 for the scheme,
to be financed from capital receipts.
c) That Officers are authorised to enter into negotiations and complete legal
contracts and, where necessary, planning applications in respect of:
1)
2)
3)
The financial offer from Cromer Town Council to fund the toilets
and the Park
The transfer of the existing toilet buildings to the Sea View Preschool
The transfer of the existing bowls green to the Town Council at
no future cost to North Norfolk District Council.
89
Agenda Item No____18________
LOCALISM ACT 2011 - CHANGES TO THE STANDARDS ARRANGEMENTS
Summary:
The purpose of this report is to seek a decision from
members on implementation of the new standards
regime under the Localism Act 2011 (“the Act”).
Conclusions:
This report seeks to address the following key issues:
• Adopting a new Code of Conduct
• Arrangements for dealing with allegations
relating to the new Code of Conduct
• Interim arrangements for the registration and
declaration of interests
• Co-option of Town and Parish Councillors to a
new Standards Committee
• Joint recruitment of an Independent Person
and incorporates views expressed by the Standards
Committee at its meeting held on 8 May 2012.
Recommendations:
To adopt as of 1 July 2012 with or without
amendments the standards arrangements set out in
this Report including:(i)
the new Members’ Code of Conduct set out
in Appendix D;
(ii)
the arrangements for dealing with standards
allegations and the establishment of a
Standards Committee all as set out in
Appendix E;
(iii)
the procedures for the Monitoring Officer
and/or the Independent Person to follow in
considering standards complaints set out in
the Annex to Appendix E;
(iv)
the appointment and remuneration of an
Independent Person in accordance with
section 6 of the Report and Appendix F;
(v)
the adoption of the Authority’s current
arrangements in relation to the registration
and declaration of personal and prejudicial
interests until such time as regulations in
relation to ‘disclosable pecuniary interests’
are published in accordance with Clause 29
of the Act and new recommendations in
relation to interests are put before the Full
90
Council for approval;
Cabinet Member(s)
(vi)
the delegation of dispensation powers under
section 33 of the Act to the Standards
Committee and the designation of the
Monitoring Officer as Proper Officer for the
receipt of applications for dispensations;
(vii)
the changes to the Authority’s Constitution
necessitated by the changes to the standards
regime and procedures outlined above;
(viii)
the delegation to the Monitoring Officer of
the power to take all steps and deal with all
such ancillary matters as are required to
implement any of the above and to render the
Authority compliant with the Act, including
engaging with Town and Parish Councils in
relation to the adoption of a Code of Conduct
and the arrangements for dealing with
Standards allegations.
Ward(s) affected
Cllr T. FitzPatrick
All
Contact Officer, telephone number and email:
Tony Ing, 01263 516080, tony.ing@north-norfolk.gov.uk
1.
Background
1.1
The Act abolishes the standards regime established under the Local
Government Act 2000 and replaces it with a simpler, less prescriptive method
of addressing standards and ethics issues within Local Authorities.
1.2
The key features of the Act’s provisions in relation to standards and ethics
are:•
a statutory duty to promote and maintain high standards of conduct by
members and co-opted members of the Authority.
•
the abolition of the Standards Board for England ("Standards for
England").
•
the mandatory adoption of a Code of Conduct intended to promote
and maintain behaviour consistent with the following principles.
a.
b.
c.
d.
e.
f.
Selflessness
Integrity
Objectivity
Accountability
Openness
Honesty
91
g.
Leadership
•
The option for Local Authorities to have a Standards Committee to
assist in carrying out the statutory duty.
•
A flexible non-prescriptive framework for dealing at local level with
standards complaints.
2.
A New Code of Conduct
2.1
In keeping with the Localism principles of the Act each Local Authority is
given the discretion to decide on the contents of its own Code. It must,
however, serve to promote and maintain high standards of conduct and must
be consistent with the seven principles outlined above.
2.2
The Authority’s current Code is intended to be repealed as from 1 July 2012.
2.3
During the passage of the Act through Parliament, peers in the House of
Lords suggested that the LGA should develop methods to support Councils
when developing codes. The LGA has produced a template and it is this
short, outcome-focused template Code, incorporating a guidance note to
highlight some of the conduct that is consistent with the Code, which is
attached at Appendix F (‘the LGA Code’). At the time of writing this report,
the County Council has adopted the LGA Code with minor amendments and
Broadland District Council has indicated its intention to do the same. [Note:
Immediately after release of the LGA Code the Department for Communities
and Local Government (‘DCLG’) also released a model Code. It is similar in
content to the LGA Code but does not incorporate the guidance. The
Standards Committee indicated a preference for adopting the LGA Code.
However, if NNDC or other Local Authorities in Norfolk adopt the DCLG
model Code this should not be a problem as the two are similar. A copy of
the DCLG model code is attached for information at Appendix I].
2.4
The LGA Code satisfies the criterion that it is consistent with the seven
principles of conduct in public life and has the advantage that, if it is adopted
by a majority of Authorities, it would confer the benefit of consistency and
familiarity for those engaged in promoting, maintaining and enforcing it within
these Authorities.
2.5
The widespread adoption of the LGA Code will also benefit members of more
than one Authority who will have to tailor their compliance according to the
capacity in which they are acting at any time.
2.6
The Code permits individual Authorities to prescribe their own arrangements
for registration and disclosure of interests. For the time being it is
recommended that the new Code reflects that this Council adopts and
continues with its current arrangements in relation to registration and
disclosure of interests until anticipated regulations are issued in relation to
interests, as more fully described in sections 3 and 4 below.
2.7
The adoption of a Code (and any subsequent revision or replacement) under
the Act can only be done by Full Council. The Council must publicise the
adoption, revision or replacement of a code in such a way as the Council
considers likely to bring it to the attention of persons living in its area.
92
3.
Members’ Interests
3.1
The Act makes provision for the registration and disclosure of members’
interests. This must be included within the Code and pecuniary interests and
“interests other than pecuniary interests” are distinguished. However, the Act
specifies that the Secretary of State will make regulations to describe
‘disclosable pecuniary interests’ and as at the date of writing this report those
regulations have not been published.
3.2
The Act places a duty upon the Monitoring Officer to establish and maintain a
register of interests. The register must be available for public inspection and
published on the council’s website. Where Town and Parish Councils have
their own websites, they must also publish the register on such websites.
3.3
Details of sensitive interests (which may cause the member to be subject to
violence or intimidation) may be withheld from the register and the website
although the fact that there is an interest will be recorded.
4.
Disclosable Pecuniary Interests (regulations awaited, as referred to in
section 3 above)
4.1
A member who has a ‘disclosable pecuniary interest’ in any matter to be
considered at a meeting must disclose that interest unless it is already on the
register.
4.2
A member with a disclosable pecuniary interest may not participate or vote on
the matter.
4.3
The council may make standing orders to provide for the exclusion of a
member with a disclosable pecuniary interest in a matter under discussion. It
is recommended to members to do this and to resolve that the exclusion
extend to any part of the room in which the meeting is taking place including
any area reserved for the public.
4.4
Members should note that in addition to the duties relating to interests
contained in the Code the Act also creates specific criminal offences in
relation to the disclosure of pecuniary interests. It is a criminal offence to:-
4.5
•
fail to notify the Monitoring Officer of any disclosable pecuniary
interests within 28 days of being elected.
•
fail to disclose a disclosable pecuniary interest at a meeting of the
Authority.
•
fail to notify the Monitoring Officer of an interest disclosable at a
meeting but not yet on the register.
•
fail to notify the Monitoring Officer of an interest in the course of that
member discharging a function of the Authority.
Any such failure is a direct contravention of the Act and may be investigated
by the police and referred to the Director of Public Prosecutions. Upon
conviction a person convicted may be fined up to a maximum of £5,000.
93
5.
The Arrangements
5.1
The Authority must put in place:a)
arrangements under which allegations can be investigated and
b)
arrangements under which decisions on allegations can be made.
5.2
Draft arrangements are appended as Appendix E to this Report. The
arrangements must include the appointment of at least one independent
person as follows.
6.
The Independent Person
6.1
The role of the independent person in the new Standards arrangements is
twofold. Firstly, the views of the independent person must be sought and
taken into account by the Authority before it makes its decision on an
allegation that it has decided to investigate.
6.2
Secondly, the views of the independent person may be sought by the
Authority generally or by the member who is the subject of the allegation.
The role therefore differs from the previous role of independent member upon
a Standards Committee.
6.3
The qualifications for an independent person are that the person must not
be:•
a member, co-opted member or officer of the Authority
•
a relative or close friend of another member, co-opted member or
officer
•
a member, co-opted member or officer of the Authority (or the Parish
Council of which the Authority is the principal Authority) within five
years of their prospective appointment.
6.4
Any appointment must be preceded by a public advertisement, an application
and approval by the majority of the Authority's members.
6.5
Because of the above criteria the current independent members of the
council’s standards committee are not eligible to be this council’s
“independent person”.
6.6
It is proposed that one independent person be appointed for this authority but
that the appointment be carried out in collaboration with other Local
Authorities in Norfolk so that in effect we establish a "pool" of available
independent persons. The independent persons in that pool are appointed as
independent persons for one authority but could be available for consultation
to the other authorities when for example conflicts of interest have arisen.
This approach was broadly supported by the Standards Committee although
some concern was expressed about the potential burden placed on
Independent Persons. The appointment process and proposed remuneration
for the Independent Person are set out at Appendix F.
94
7.
Standards Committee
7.1
Although there is no obligation under the Act on Local Authorities to appoint
Standards Committees the members of the current Standards Committee
believe that there is value in retaining this arrangement, particularly given the
continuing responsibility the Council will have in relation to Town and Parish
Councils. If agreed by Full Council, it is suggested that a Standards
Committee should be appointed comprised of members of the Authority along
with co-opted members from Town and Parish Councils. Appendix E to this
Report proposes terms of reference for a Standards Committee. Members
should note that the Standards Committee is a non-executive function and the
political balance rules of the Local Government and Housing Act 1989 will
apply.
7.2
The recommendations also set out a proposed list of sanction powers
available to the Standards Committee upon a finding of a breach of the Code.
Members will note that the sanction powers no longer include the powers of
suspension and disqualification available under the previous regime. The Act
in fact prescribes no powers of sanction and the suggested sanctions are
based upon use of existing express or implied powers.
7.3
It will be possible to appoint the Authority’s independent person to the
Standards Committee but they will not be a voting member.
8.
Dispensations
8.1
The Act provides for dispensations from the speaking and voting restrictions
of members with disclosable pecuniary interests.
8.2
The dispensation application may be made to the Proper Officer (members
are recommended to designate the Monitoring Officer for this purpose) and
determined by the authority. It is recommended that this dispensation power
be granted to the Standards Committee.
8.3
Dispensations may be granted where:
After having had regard to all relevant circumstances, the authority—
(a)
considers that without the dispensation the number of persons
prohibited by section 31(4) from participating in any particular business
would be so great a proportion of the body transacting the business as
to impede the transaction of the business,
(b)
considers that without the dispensation the representation of different
political groups on the body transacting any particular business would
be so upset as to alter the likely outcome of any vote relating to the
business,
(c)
considers that granting the dispensation is in the interests of persons
living in the authority’s area,
(d)
if it is an authority to which Part 1A of the Local Government Act 2000
applies and is operating executive arrangements, considers that without
the dispensation each member of the authority’s executive would be
95
prohibited by section 31(4) from participating in any particular business
to be transacted by the authority’s executive, or
(e)
considers that it is otherwise appropriate to grant a dispensation.
8.4
A dispensation, if granted, must be for a specific period not exceeding four
years.
9.
Implications and Risks
9.1
The new Standards arrangements provide the opportunity to significantly
reduce the number of relatively trivial, tit-for-tat or vexatious complaints the
Council will have to consider moving forwards, allowing the focus to move to
the more serious potential breaches of the Code of Conduct.
9.2
It must be noted that the current Standards arrangements will remain in place
until 30 June 2012, or until such time after this date as the relevant
commencement orders take effect. The Department for Communities and
Local Government are still advising that the new arrangements will come into
effect on 1 July 2012 although there seems to be some doubt amongst
practitioners.
10.
Financial Implications and Risks
10.1
The ability to better control the complaints requiring formal investigation will
reduce the financial burden of administering the Standards arrangements.
10.2
The proposed fee for Independent Persons will enable a consistency to be
achieved across Norfolk’s authorities. However, this will still need to be
subject to periodic review by the Independent Remuneration Panel.
11.
Sustainability
11.1
There are no direct sustainability issues arising from this report.
12.
Equality and Diversity
12.1
There are no direct equality and diversity issues arising from this report
13.
Section 17 Crime and Disorder considerations
13.1
There are no direct Crime and Disorder considerations arising from this
report.
Appendix D – Members’ Code of Conduct
Appendix E – Arrangements for dealing with Standards allegations
Appendix F – Independent Persons proposed appointment process
Appendix G – Department for Communities and Local Government Illustrative Text
96
Appendix D
Members’ Code of Conduct
Introduction to the Code
This Code of Conduct is a key part of the Authority's discharge of its statutory duty to
promote and maintain high standards of conduct by its members and co-opted
members. It is very much focused upon the principles of conduct in public life of
selflessness, integrity, objectivity, accountability, openness, honesty, and leadership
and it is the intention of the Authority that the Code be used exclusively in that
context and not for any other purpose. It sets an objective, non political and high
standard whose purpose is to remind members of the Authority of the behaviour
expected of them in public life and to set out clearly the key principles against which
their conduct will be measured.
The Code also contains provisions for registration and declaration of interests the
breach of which will now attract potential criminal sanctions.
The Council will establish a Standards Committee to hear breaches of the Code and
decide on sanctions against members found to be in default. Working closely with
the Council's Monitoring Officer and Independent Person the Standards Committee
will oversee a straightforward and robust regime dealing only with substantial ethics
and standards issues and filtering out the inconsequential, trivial and vexatious. The
Code will deal in broad common sense principles and neither it nor the supporting
arrangements are intended to be over-technical or over-procedural. To return to the
wording of the statute, the Code is the Authority's public statement on the promotion
and maintenance of high standards of conduct in public life.
Every member and co-opted member of North Norfolk District Council must sign an
undertaking to observe the Code in the terms set out below.
The Code
As a member or co-opted member of North Norfolk District Council I have a
responsibility to represent the community and work constructively with our staff and
partner organisations to secure better social, economic and environmental outcomes
for all.
In accordance with the Localism Act provisions, when acting in this capacity I am
committed to behaving in a manner that is consistent with the following principles to
achieve best value for our residents and maintain public confidence in this authority.
SELFLESSNESS: Holders of public office should act solely in terms of the public
interest. They should not do so in order to gain financial or other material benefits
for themselves, their family, or their friends.
INTEGRITY: Holders of public office should not place themselves under any
financial or other obligation to outside individuals or organisations that might seek
to influence them in the performance of their official duties.
OBJECTIVITY: In carrying out public business, including making public
appointments, awarding contracts, or recommending individuals for rewards and
benefits, holders of public office should make choices on merit.
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Appendix D
ACCOUNTABILITY: Holders of public office are accountable for their decisions
and actions to the public and must submit themselves to whatever scrutiny is
appropriate to their office.
OPENNESS: Holders of public office should be as open as possible about all the
decisions and actions that they take. They should give reasons for their decisions
and restrict information only when the wider public interest clearly demands.
HONESTY: Holders of public office have a duty to declare any private interests
relating to their public duties and to take steps to resolve any conflicts arising in a
way that protects the public interest.
LEADERSHIP: Holders of public office should promote and support these
principles by leadership and example.
As a Member of North Norfolk District Council my conduct will in particular address
the statutory principles of the Code by:
•
Championing the needs of residents – the whole community and in a special
way my constituents, including those who did not vote for me - and putting their
interests first.
•
Dealing with representations or enquiries from residents, members of our
communities and visitors fairly, appropriately and impartially.
•
Not allowing other pressures, including the financial interests of myself or
others connected to me, to deter me from pursuing constituents' casework, the
interests of North Norfolk nor the good governance of the authority in a proper
manner.
•
Exercising independent judgement and not compromising my position by placing
myself under obligations to outside individuals or organisations who might seek to
influence the way I perform my duties as a member/co-opted member of this
authority.
•
Listening to the interests of all parties, including relevant advice from statutory and
other professional officers, taking all relevant information into consideration,
remaining objective and making decisions on merit.
•
Being accountable for my decisions and co-operating when scrutinised internally
and externally, including by local residents.
•
Contributing to making this Authority’s decision-making processes as open and
transparent as possible to enable residents to understand the reasoning behind
those decisions and to be informed when holding me and other members to
account but restricting access to information when the wider public interest or the
law requires it
•
Behaving in accordance with all our legal obligations, alongside any requirements
contained within this authority’s policies, protocols and procedures, including on
the use of the Authority’s resources.
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Appendix D
•
Valuing my colleagues and staff and engaging with them in an appropriate
manner and one that underpins the mutual respect between us that is essential
to good local government.
•
Always treating people with respect, including the organisations and public I
engage with and those I work alongside.
•
Providing leadership through behaving in accordance with these principles
when championing the interests of the community with other organisations as
well as within this authority.
The Act further provides for registration and disclosure of interests and until such
time as regulations are issued in relation to the registration and disclosure of
interests I agree to abide by the rules relating to the registration and disclosure of
interests set out in Chapter 7, Part 2, Section 2 of the North Norfolk District Council
Constitution.
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Appendix E
ARRANGEMENTS FOR DEALING WITH STANDARDS’ ALLEGATIONS
1.
The following arrangements constitute North Norfolk District Council’s
adopted procedure for dealing with complaints that a member has failed to
comply with the council’s Code of Conduct.
2.
The Council will appoint a Standards Committee comprised of members of
the Authority and co-opted members of Town and Parish Councils. Its terms
of reference are :•
To promote and maintain high standards of conduct by the members
and co-opted members of the Authority.
•
To deal with any ancillary matters relating to Standards and Conduct
including replying to consultations, training etc.
•
To assist when called upon to do so in deciding whether a Standards
complaint should be referred for investigation
•
To hear and determine standards complaints made against the
Authority’s members and co-opted members, as well as those
members of Town and Parish Councils in North Norfolk.
•
To impose such sanctions as they think fit in relation to matters found
to be breaches of the Code.
•
To hear and determine applications for dispensations under section 33
of the Act
•
To consider and determine applications made to the Committee for
exemption from political restriction, in respect of any post within the
District Council by the holder of that post.
3.
A complaint must be made in the first instance to the Council’s Monitoring
Officer at Council Offices, Holt road, Cromer, Norfolk, NR27 9EN.
4.
A complaint must be made on the Council’s model complaint form (to be
drawn up by the Monitoring Officer) or, if submitted in any other way, must
contain all the information required by that form.
5.
The Monitoring Officer will consider the complaint against the Council’s
adopted criteria set out in the Annex A to Appendix 2 for deciding whether a
complaint should be referred for formal investigation or some other action.
The Monitoring Officer may consult the Council’s “Independent Person”
before making a decision. Any functions of the Monitoring Officer in this
procedure may be delegated to the Deputy Monitoring Officer and the
Monitoring Officer, the Deputy Monitoring Officer and the Independent Person
may consult or seek the input of an Independent Person from another
authority as appropriate.
6.
If the Monitoring Officer decides not to refer the complaint for investigation or
for some other action then the matter is closed. There is no provision for
100
Appendix E
appeal or review of that decision by the council or any other person. The
Monitoring Officer will give a summary of the reasons for his / her decision.
7.
If the Monitoring Officer decides that the complaint requires investigation the
Monitoring Officer will appoint a person to investigate and to report back to
him/ her. The Monitoring Officer will then consider the conclusion of the
investigator’s report.
8.
If the conclusion of the investigation is that there has been no breach of the
Code and the Monitoring Officer considers that that is a reasonable
conclusion then the Monitoring Officer will write to the complainant and the
member concerned to inform them that there will be no further action. Again,
there is no provision for appeal or review of that decision by the Council or
any other person.
9.
If the investigation concludes that there is evidence of a breach of the Code
then the Monitoring Officer will consult the Independent Person and make a
decision either to:•
•
resolve the matter without the need for a hearing or
to convene a meeting of the Council’s Standards Committee or a sub
committee of the Standards Committee to hear the matter.
10.
If the hearing concludes that there has been no breach of the Code then the
matter is resolved. There is no provision for appeal or review of that decision
by the council or any other person.
11.
If the hearing concludes that there has been a breach of the Code the
committee will consider whether and what sanction it might be appropriate to
impose on the member found to be in default. These are as follows:a)
Censure or reprimand.
b)
Report to Full Council.
c)
Recommendation to the Council to remove the member from
membership of Committees or Sub-Committees.
d)
Recommendation to the Council to remove the member from any
position (including Leader) of the Executive.
e)
Require the member to undergo training in Ethics and Standards.
f)
Removal of the member from external nominations or appointments.
g)
Withdrawal of facilities or services from the member including access
to Council premises and/or IT facilities.
h)
Where the matter relates to a member, or members, of a Town or
Parish Council, a report with recommendations shall be made to the
relevant Town or Parish Council(s) for consideration and action as
appropriate.
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Appendix E
ANNEX A
Criteria for the receipt and assessment of complaints
1.
Complaints about alleged breaches of the Code of Conduct will be received
and considered by the Monitoring Officer.
2.
In the event that there is a conflict of interest or other circumstances where it
would not be appropriate for the Monitoring Officer to consider the complaint,
for example where the Monitoring Officer has advised the Member who is the
subject of the complaint about the matter complained of, then the
Independent Person will receive and consider the complaint.
3.
In relation to any complaint the Monitoring Officer (or the Independent
Person) should be satisfied that
4.
(i)
it is a complaint in relation to the conduct of one or more named
Members of North Norfolk District Council
(ii)
the relevant Member was in office at the time of the alleged conduct
(iii)
that, if proved, the Member, acting in his or her capacity as a Councillor,
would have failed to behave consistently with one or more of the 7
principles set out in the Code.
The Monitoring Officer (or the Independent Person) may take the following
into account in deciding whether to investigate the complaint: [see paragraph
5 below]
-
is the matter serious enough to warrant the time and expense of further
investigation?
-
does the complaint appear to be politically motivated?
-
does the complaint appear to be malicious or vexatious?
-
is it about something that happened so long ago that there would be little
benefit in taking action now?
-
is the outcome including the availability of any likely sanction sought by
the complainant one that the Authority is empowered to deliver?
-
if proven, would a finding of breach of the Code assist the Authority in its
duty to promote and maintain high standards of conduct?
-
had the Member acted on the advice of an officer or the Independent
Person in relation to the conduct complained of?
-
did the conduct arise from lack of experience or training?
-
had the Member apologised for the conduct or was he or she willing to
apologise?
102
Appendix E
-
is the subject matter of the complaint being dealt with through any other
complaints, legal or regulatory process?
5.
The Monitoring Officer may consult the Independent Person on any or all of
the above and will take the view of the Independent Person into account in
reaching a decision whether to investigate. If a conflict of interest arises the
Monitoring Officer or the Independent Person may consult an independent
third party.
6.
The Monitoring Officer (or the Independent Person) may determine for any
one or more of the above reasons (or in consultation with the Independent
Person for another reason) that an investigation is not required. The
Monitoring Officer (or the Independent Person) may instead request that
some other action, such as the Member making an apology, be taken.
Should the Member refuse to take such action the Monitoring Officer may still
proceed to an investigation if he or she, in consultation with the Independent
Person, thinks it is appropriate.
103
Appendix F
Independent Persons - Proposed Appointment Process
The Authority will prepare and place an advertisement setting out the Authority's
requirement for an independent person and containing a resume of the eligibility
criteria and the selection criteria. The advertisement will be placed by each Authority
but interested persons will be asked to indicate whether, if they are appointed, they
are available for consultation by other Norfolk Authorities.
Applicants will be interviewed and assessed against the Authority's specification for
an independent person and criteria for appointment and one applicant will be
recommended to the Authority's Council for appointment.
Independent Persons - Proposed Remuneration
Section 28(8)(d) of the Act provides that a person appointed as an independent
person does not cease to be independent as a result of being paid any amounts by
way of allowances or expenses in connection with performing the duties of the
appointment.
The fee proposal below takes into account what authorities pay to people performing
similar independent roles.
A. Comparators
1. The table below shows the amounts currently paid by Norfolk's authorities for
their Independent Chairs and members. There is significant variation from
authority to authority:
Chairman SRA
SNDC
Broadland
Breckland
£1156
£570
£5,200
Norwich City
326
(same for Vice
Chair)
£760
Vice Chairman
£380
Nil
Kings Lynn
Great
Yarmouth
NNDC
NCC
£2,717.08
£3264
Co-opted
Basic
£565.
Other info
£900
Standards Sub-Committees £115
per meeting chaired
£200
Nil
£50 per
meeting
0
B. Fee proposal
It is proposed that Independent Persons, whether they are instructed by the authority
by whom they have been appointed or in their capacity as part of the Norfolk panel of
104
Appendix F
Independent Persons, are paid £25 per hour for carrying out work requested by an
authority in relation to a standards complaint. This fee will need to be reviewed
periodically from 1 July 2012 by the Independent Remuneration Panel.
105
Appendix G
Department for Communities and Local Government Illustrative Text
Illustrative text for code dealing with the conduct expected of members and
co-opted members of the authority when acting in that capacity
You are a member or co-opted member of the [name] council and hence you shall
have regard to the following principles – selflessness, integrity, objectivity,
accountability, openness, honesty and leadership.
Accordingly, when acting in your capacity as a member or co-opted member –
You must act solely in the public interest and should never improperly confer an
advantage or disadvantage on any person or act to gain financial or other material
benefits for yourself, your family, a friend or close associate.
You must not place yourself under a financial or other obligation to outside
individuals or organisations that might seek to influence you in the performance of
your official duties.
When carrying out your public duties you must make all choices, such as making
public appointments, awarding contracts or recommending individuals for rewards or
benefits, on merit.
You are accountable for your decisions to the public and you must co-operate fully
with whatever scrutiny is appropriate to your office.
You must be as open as possible about your decisions and actions and the decisions
and actions of your authority and should be prepared to give reasons for those
decisions and actions.
You must declare any private interests, both pecuniary and non-pecuniary, that relate
to your public duties and must take steps to resolve any conflicts arising in a way that
protects the public interest, including registering and declaring interests in a manner
conforming with the procedures set out in the box below.
You must, when using or authorising the use by others of the resources of your
authority, ensure that such resources are not used improperly for political purposes
(including party political purposes) and you must have regard to any applicable Local
Authority Code of Publicity made under the Local Government Act 1986.
You must promote and support high standards of conduct when serving in your
public post, in particular as characterised by the above requirements, by leadership
and example.
Registering and declaring pecuniary and non-pecuniary interests
You must, within 28 days of taking office as a member or co-opted member, notify
your authority’s monitoring officer of any disclosable pecuniary interest as defined by
regulations made by the Secretary of State, where the pecuniary interest is yours,
your spouse’s or civil partner’s, or is the pecuniary interest of somebody with whom
you are living with as a husband or wife, or as if you were civil partners.
106
Appendix G
In addition, you must, within 28 days of taking office as a member or co-opted
member, notify your authority’s monitoring officer of any disclosable pecuniary or
non-pecuniary interest which your authority has decided should be included in the
register.
If an interest has not been entered onto the authority’s register, then the member
must disclose the interest to any meeting of the authority at which they are present,
where they have a disclosable interest in any matter being considered and where the
matter is not a ‘sensitive interest’.(1)
Following any disclosure of an interest not on the authority’s register or the subject of
pending notification, you must notify the monitoring officer of the interest within 28
days beginning with the date of disclosure.
Unless dispensation has been granted, you may not participate in any discussion of,
vote on, or discharge any function related to any matter in which you have a
pecuniary interest as defined by regulations made by the Secretary of State.
Additionally, your must observe the restrictions your authority places on your
involvement in matters where you have a pecuniary or non pecuniary interest as
defined by your authority.
(1) A ‘sensitive interest’ is described in the Localism Act 2011 as a member or co-opted
member of an authority having an interest, and the nature of the interest being such that the
member or co-opted member, and the authority’s monitoring officer, consider that disclosure
of the details of the interest could lead to the member or co-opted member, or a person
connected with the member or co-opted member, being subject to violence or intimidation.
107
Agenda Item 2__
CABINET
Minutes of the meeting of the Cabinet held on Monday 12 March at the Council
Offices, Holt Road, Cromer at 10.00am.
Members Present:
Mrs H Eales (Chairman)
Mrs A Fitch-Tillett
Mr T FitzPatrick
Mr T Ivory
Mr K Johnson
Mr John Lee
Mr W Northam
Also attending:
Mrs L Brettle
Ms V Gay
Mrs P Grove-Jones
Mr P High
Mr E Seward
Mr B Smith
Mrs V Uprichard
Mr S Ward
Officers in
Attendance:
94.
The Chief Executive, the Strategic Director - Community,
the Strategic Director – Environment, the Monitoring Officer, the
Acting Financial Services Manager, the Coast and Community
Partnerships Manager, the Head of Planning and Building Control, the
Strategy Team Leader, the Revenues and Benefits Services Manager
and the Coastal, Localities and Assets Manager
CHAIRMAN’S ANNOUNCEMENT
The Leader informed Members that Councillor Norman Smith was recovering well in
hospital. She thanked everyone on his behalf for their well wishes.
95.
APOLOGIES FOR ABSENCE
Mrs A Fitch-Tillett, Mr J Lee
96.
MINUTES
The minutes of the meeting of Cabinet held on 6 February 2012 were confirmed as a
correct record and signed by the Chairman.
97.
PUBLIC QUESTIONS
None
98.
ITEMS OF URGENT BUSINESS
None
Cabinet
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108
12 March 2012
99.
DECLARATIONS OF INTEREST
Member(s)
Mr T Ivory
100.
Minute
No.
Item
Interest
Introduction of fees for Preapplication advice and ‘Do I
need Planning Permission?’
enquiries
Personal and non
prejudicial as a
planning lawyer
MEMBERS TRAINING DEVELOPMENT AND SUPPORT GROUP
RESOLVED that
The minutes of the meeting of the Members’ Training, Development and Support
Working Group held on 7th December 2011 be received.
101.
PLANNING POLICY AND BUILT HERITAGE WORKING PARTY
Mr K Johnson, Portfolio Holder for Planning proposed that the recommendations be
adopted. He informed Members that all residents of Russell Terrace, Mundesley had
agreed to the terms of the Direction.
RESOLVED that
The minutes of the meeting of the Planning Policy and Built Heritage Working Party
held on 20 February 2012 be received the recommendations contained therein
adopted as follows:
MINUTE 24: RUSSELL TERRACE MUNDESLEY ARTICLE 4 DIRECTION
To agree to the confirmation of the Direction under Article 4 of the Town and Country
Planning (General Permitted Development) Order 1995 at Nos 1-23 Russell Terrace,
Mundesley, to cover the following matters:
•
•
•
•
•
•
•
•
Alterations to elevations and architectural details
Satellite dishes
Roof and chimneys
Roof Windows
Doors and windows
Painting facades
Hardstandings and curtilage walls
Solar panels
and that formal notification of affected households be carried out and a press release
be issued.
102.
BUDGET MONITORING 2011/12 – PERIOD 10
Mr W Northam, Portfolio Holder for Financial Services presented the report. It
showed the budget monitoring position to the end of period 10 (31 January 2012).and
gave details of the capital programme for the same period. It also included a review
of the current capital programme. The position at the end of January 2012 showed a
projected underspend of £21,807. Treasury management had improved on the
position at period 9 due to the achievement of better than anticipated investment
Cabinet
2
109
12 March 2012
rates on money market fund investments. The Portfolio Holder informed Members
that current forecasts showed that the revised budget remained achievable. He
added that all requests to carry forward year end underspends would be considered
as part of the final accounts process.
RESOLVED to
a) note the contents of the report and the revenue forecast for the current financial
year
b) note the current position in relation to the 2011/12 capital programme
103.
NORTH WALSHAM TOWN CENTRE: REGENERATION AND INVESTMENT
OPPORTUNITIES
Mr T Ivory introduced this item. He explained that the report was based on the
feasibility study of St Nicholas’ Court, North Walsham in 2011 by chartered surveyor,
Nigel Morgan and that two recommendations had arisen from this:
1. The procurement of a retail demand / capacity study – to establish whether there
was a need for additional capacity within the town and its catchment and whether
the town centre had the capacity to accommodate it.
2. The procurement of a commercial property advisor to help unlock potential and
realise opportunities and the commissioning of a design brief / architectural
feasibility study into the possible solutions to enhance the appearance of the
external areas of St Nicholas Court precinct.
Ms V Gay, Local Member for North Walsham West commented that there had been
several studies in the past into improving facilities in the town. She supported the
recommendations and hoped that the studies commissioned would be a prelude to
action and investment.
Mr E Seward, Local Member for North Walsham North and Chair of the Leadership of
Place project acknowledged the need for action. He expressed concerns that another
study was being commissioned but agreed that there was a pressing need to
address difficult and retractable sites within North Walsham.
RESOLVED to
give authority to procure the retail demand / capacity study, the property advisor
framework contract; and the design brief / architectural feasibility report outlined in
paragraph 1.9 of the report, within the budget limits identified
104.
INTRODUCTION OF FEES FOR PRE-APPLICATION ADVICE AND ‘DO I NEED
PLANNING PERMISSION?’ ENQUIRIES
Mr K Johnson, Portfolio Holder for Planning presented this item. He explained that
pre-application advice and ‘do I need planning permission?’ enquiries were currently
provided free at the point of delivery. Several local authorities had already introduced
fees for this service and it was anticipated that about £15000 income would be
generated by the scheme. The report suggested a draft Schedule of Fees and they
had been set at a level that would not deter potential developers. He added that
consultations with local agents and developers had already begun and they had been
supportive of the proposals.
Cabinet
3
110
12 March 2012
RECOMMENDED to Full Council
the adoption of the proposals following consultation with local agents, the
development industry , the Overview and Scrutiny Committee and the consideration
of the outcome thereof by the Corporate Director and Head of Planning and Building
Control in consultation with the Portfolio Holder, prior to implementation with effect
from 1 May 2012.
105.
NORTH NORFOLK DISTRICT COUNCIL TENANCY STRATEGY
Mr K Johnson, Portfolio Holder for Strategic Housing introduced this item. He
explained that the Council was required to have a Tenancy Strategy within 12
months of the enactment of the Localism Act 2011. The Strategy set out three
objectives to be taken into consideration by social landlords in the district when
developing their policies on the granting and reissuing of tenancies:
• To maintain stable and sustainable communities especially in more rural areas
• To make better use of the existing social housing stock by enabling a reduction in
under occupation
• To ensure that specialist accommodation could be made available to households
most in need
These objectives would be achieved through the introduction of fixed term tenancies
in certain circumstances, the use of Affordable Rent tenancies in some newly built
social housing and market developments and the retention of tenant transfers within
the ‘Your Choice Your Home’ scheme or equivalent.
The Portfolio Holder informed Members that Housing Associations with properties in
the district had been consulted on the draft tenancy strategy and the responses had
been very positive and supportive.
A Member asked whether the Council was aware of the number of tenants who could
afford an increase in rent yet were not in receipt of housing benefit and whether
figures were also available on the number of tenants in properties that were too large
for their needs. The Portfolio Holder said that such information had been used when
the Strategy was drafted. He added that Victory Housing was working on dealing with
the under-occupation of its properties and were considering offering an incentive to
tenants to downsize. The Strategy Team Leader explained that the Affordable Rents
scheme was a flagship government policy. Slightly higher rents would be charged but
they would continue to be covered by housing benefit. Only a small proportion of
housing stock would be eligible for the scheme and it would be funded by the Homes
and Communities Agency (HCA), the Council and conversions of existing properties.
Regarding the issue of under-occupation, she explained that tenants wishing to move
to a smaller property would be given priority and if they chose to remain in a larger
property they could have their housing benefit reduced.
The Chairman of the Overview and Scrutiny Committee asked when the Housing
Strategy was likely to be available for consideration by the committee. The Portfolio
Holder said that the draft version was almost ready and would be reported to the
Overview and Scrutiny Committee soon.
RESOLVED to
agree the North Norfolk Tenancy Strategy
Cabinet
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111
12 March 2012
RECOMMENDED to Full Council
to adopt the North Norfolk Tenancy Strategy
106.
COUNCIL TAX AND NATIONAL NON-DOMESTIC RATES – DELEGATION FOR
MAGISTRATES COURT PROCEEDINGS
The Portfolio Holder for Revenues and Benefits introduced this item. He explained
that suitably qualified and experienced officers from the Revenues Service
represented the Council at the Magistrates Court in respect of local taxation matters.
The list of approved officers needed to be updated as a result of staff changes and
additional responsibilities currently being undertaken by the existing court officer. The
authorisation needed to take place with immediate effect as officers were required to
show a copy of the authorisation document prior to a Court Hearing.
RESOLVED to
authorise the officers named in the report to appear in the Magistrates Court, to
prosecute or defend for the non payment of Council Tax and National Non Domestic
Rates on behalf of North Norfolk District Council
107.
NORTH NORFOLK CAR PARK ORDER
The Portfolio Holder for Corporate Assets presented the report. He explained that car
parking charges for 2012/13 were agreed at Full Council on 14th December 2011 and
a new car parking order consolidating the existing orders as well as introducing new
charges had been advertised. The closing date for objections was 23rd February
2011 and seventy four objections and two petitions had been received. The majority
of the objections had related to the removal of free car parking in North Walsham,
Fakenham and Wells. It was proposed that enforcement of the requirement for
season tickets on these car parks was waived for 3 months, pending any agreement
regarding the transfer of the management and financial support of these car parks to
the town councils. If during this period it was agreed that these car parks should
remain free, a variation order could be introduced.
Mrs V Uprichard, Local Member for North Walsham East and Mayor of North
Walsham said that the Town Council welcomed the opportunity to discuss the
transfer of the management of the free car park within the town but they were
disappointed that the petition regarding evening charges did not appear to have been
taken into account. The Portfolio Holder said that this was not the case and that there
would be an opportunity to discuss a wide range of issues and concerns when the
Council met with the town councils.
RESOLVED to
a) make the draft order without modification and introduce the car parking order on
1st April 2012 because the order as a whole reflects car parking demand and
directs vehicles to the most appropriate car park.
b) waive enforcement of the requirement to display season tickets on the currently
free car parks for three months at North Walsham, Fakenham and Wells, pending
further discussions regarding future management arrangements.
Cabinet
5
112
12 March 2012
The Meeting closed at 10.28 am
_______________
Chairman
Cabinet
6
113
12 March 2012
5 APRIL 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)
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
B J Hannah – Sheringham North Ward
J D Savory - Priory Ward
D Young – High Heath Ward
K E Johnson - observer
Officers
Mr A Mitchell – Development Manager
Mr R Howe - Planning Legal Manager
Mr G Linder - Senior Planning Officer
Miss J Medler – Senior Planning Officer
Miss K Witton - Landscape Officer
(237) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors B Cabbell Manners and Mrs P
Grove-Jones. There were two substitute Members in attendance as shown above.
(238) MINUTES
The Minutes of a meeting of the Committee held on 8 March 2012 were approved as
a correct record and signed by the Chairman.
(239) 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 Wells-next-the-Sea, reference PF/12/0212.
2.
A planning application at Worstead, reference PF/12/0356.
In both cases the reason for urgency was to expedite processing of the applications
by undertaking a site inspection.
114
(240) DECLARATIONS OF INTEREST
All Members declared interests, the details of which are given under the minutes of
the items concerned.
(241) THE TOWN & COUNTRY PLANNING (TREE PRESERVATION) (ENGLAND)
REGULATIONS 2012
The Committee considered item 1 of the Officers’ report in respect of new
Regulations regarding Tree Preservation Orders.
The Landscape Officer answered Members’ questions in respect of the new
Regulations.
RESOLVED
That the report be noted.
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.
The Development Manager reported that there was nothing in the new National
Planning Policy Framework which would significantly affect any of the applications
before the Committee at this meeting.
(242) MUNDESLEY - PF/12/0115 - Erection of replacement barn and stables; 35
Trunch Road for Mr Bonham
The Planning Legal Manager stated that the applicant was known to Officers and
some Members as he was a former colleague. However he was not aware of any
prejudicial interests.
The Committee considered item 2 of the Officers’ reports.
Public Speakers
Mr D Vale (objecting)
Mr J Bonham (supporting)
The Senior Planning Officer reported that Trunch Parish Council had also been
consulted and its comments were awaited. She stated that the application site was
approximately 0.25 ha and not 0.125 ha as stated in the report (page 5).
115
The Senior Planning Officer reported the contents of two letters which had been
received from an agent acting on behalf of the objectors which raised a number of
points including the processing of the application, accuracy of the applicant’s
submission, statements made in the Officer’s report, lack of response to points made
in an objector’s letter and reconsultation on the amended plan. In response, the
Senior Planning Officer stated that the site notice had been posted 9 days after
registration of the application, which was not considered to be unreasonable, the
District Council was not aware of when Parish Council meetings took place, Trunch
Parish Council had now been consulted, the amendments were minor in nature and a
full response had now been sent to the objector. Officers considered that the
application had been dealt with correctly.
In addition, the Senior Planning Officer reported that an email had been received
from the applicant who considered that the Officer’s report addressed satisfactorily
the concerns raised by the objectors. He had requested that there should be no
deferral for a site inspection as this would delay the project by a year.
The Senior Planning Officer requested delegated authority to approve this application
subject to no objection from Trunch Parish Council and subject to the imposition of
appropriate conditions.
Councillor B Smith stated that the site was outside the village boundary and did not
comply fully with adopted Core Strategy Policy SS2.
He considered that
photographs could be misleading and therefore proposed a site inspection.
Councillor M J M Baker considered that the application related to a countryside
pursuit and the building was well-designed and compatible with the location. He
considered that there was no justification for a site inspection. He proposed approval
of this application subject to retention of the hedge which subdivided the site. This
was seconded by Councillor R Reynolds.
Councillor J A Wyatt seconded Councillor Smith’s proposal for a site inspection.
On being put to the vote, the amendment for a site inspection was declared lost with
5 Members voting in favour and 6 against.
Councillor Mrs S A Arnold requested a condition in respect of lighting.
It was proposed by Councillor M J M Baker, seconded by Councillor R Reynolds and
RESOLVED by 8 votes to 4
That the Head of Planning and Building Control be authorised to
approve this application subject to no objections being received from
Trunch Parish Council and to the imposition of appropriate conditions
including that the development should only be used for private
purposes ancillary to the use of the land, demolition of the existing
stables concurrently with the first use of the approved stables, those
required by the Conservation, Design and Landscape Manager,
retention of the dividing hedge, materials and lighting.
116
(243) SALTHOUSE - PF/12/0098 - Erection of side extension; Havelock Barn, 4 Manor
Farm Barns, Cross Street for D & M Hickling Properties
The Committee considered item 3 of the Officers’ reports.
Councillor D Young, the local Member, considered that taken in isolation the
proposed extension would be reasonable. However, there had been objections to
the proposal and previous applications on grounds of overdevelopment. There had
been incremental growth of the development as a whole over a period of time.
However, he considered that the development was not dissimilar to that in other
villages in terms of its density. He suggested a possible site inspection, although
some Members were already familiar with the site.
It was proposed by Councillor P W High, seconded by Councillor J A Wyatt and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions including the use of matching materials.
(244) SHERINGHAM - PF/12/0079 - Erection of one and a half storey dwelling; Land
adjacent 21 Abbey Road for Mr J Perry-Warnes
Councillor J H Perry-Warnes declared a prejudicial interest in this application as he
was the applicant and left the Council Chamber during consideration of this item.
All Members were acquainted with the applicant as he was a fellow Councillor.
The Committee considered item 4 of the Officers’ reports.
Public Speaker
Mrs W Bryan (objecting)
Councillor R Shepherd, a local Member, stated that 21 Abbey Road was an iconic
building in Sheringham which originally stood in a large plot. He expressed concern
at the impact of the proposed development on the amenity of neighbouring properties
and overdevelopment of the site. He proposed that this application be refused.
Councillor M J M Baker considered that approval would lead to more infilling in this
part of Sheringham which would destroy the ambience of the area. He seconded the
proposal.
Whilst Members expressed concern at the impact on the neighbour to the north of
the site, the Development Manager advised the Committee that in his view refusal on
grounds related to that impact would be difficult to substantiate.
Councillor Mrs A C Sweeney asked whether it would be possible to erect a small
bungalow on the site. The Development Manager stated that any application would
be considered on its merits.
117
RESOLVED by 11 votes to 0 with 1 abstention
That this application be refused on grounds that the proposal would
result in a cramped form of development which would be out of keeping
with the pattern and form of development; have a poor relationship with
the existing dwelling with an unacceptable loss of amenity space to that
dwelling; and it would be unduly overbearing and result in a loss of light
to the dwelling to the north.
(245) SHERINGHAM - PF/12/0160 - Retention of balcony and installation of
screening; 31 Beeston Road for Mr H Ahrens
The Committee considered item 5 of the Officers’ reports.
Public Speaker
Mr Baldwin (objecting)
Councillor B J Hannah, a local Member, expressed concern at the design of the
balcony, loss of privacy and intrusive impact on the neighbour. He considered that
Section 17 of the Crime and Disorder Act 1998 should be taken into account. He
was concerned that drinking and associated noise could occur near to the
neighbour’s bedroom window. He considered that there was ample room in the
garden for sitting out without causing blight to the neighbours’ lives.
The Development Manager read to the Committee the comments of Councillor R
Smith, a local Member, who requested refusal on grounds of non-compliance with
adopted Core Strategy Policies EN2, EN4, and EN8 in terms of design, build quality
and location. He considered that the design was not sensitive to the local context
and did not enhance the surrounding area. Furthermore, the development would
infringe on the neighbouring property, and blight the occupants’ outlook and quality
and enjoyment of life. He considered that the amended design would not resolve the
privacy concerns and would be out of keeping with the area.
In answer to a question by Councillor M J M Baker, the Development Manager
explained that the proposal now submitted sought to overcome the grounds on which
the Inspector had dismissed an appeal against refusal of a previous application to
retain the balcony.
Councillor R Shepherd expressed concern at the design of the balcony and
considered that the amended scheme would not prevent noise disturbance. He
proposed refusal of this application.
The Planning Legal Manager requested the Committee to authorise enforcement
action in the event of refusal of the application. He stated that the applicant would
have the right to appeal against both the refusal of the application and the
enforcement notice.
The Planning Legal Manager referred to comments by Councillor Hannah in respect
of Section 17. He advised the Committee against refusal on this ground as there
would need to be evidence to support it.
It was proposed by Councillor R Shepherd, seconded by Councillor P W High and
118
RESOLVED unanimously
That this application be refused on grounds that the design of the
balcony is inappropriate in the Conservation Area, has an overbearing
and intrusive impact on the neighbouring dwellings, has potential for
noise and disturbance and loss of privacy and related policy grounds.
It was further
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to serve
an Enforcement Notice to require the removal of the unauthorised
structure within three months of the effective date of the Notice for the
reasons stated in the decision notice.
(246) STIFFKEY - PF/11/1257 - Erection of ancillary holiday accommodation; Red
Lion, 44 Wells Road for Stiffkey Red Lion Ltd
The Committee considered item 6 of the Officers’ reports.
Public Speaker
Mr Lawrence (supporting)
The Senior Planning Officer reported that the amended plans had been mislabelled
and the proposal remained as six units. The agent had confirmed that air source
heat pumps would not be used.
The Senior Planning Officer reported that the Conservation, Design and Landscape
Manager still had some reservations regarding the design, however significant
improvements had been made and on balance he considered that the proposal was
acceptable in design terms. However, he maintained his objection in respect of
impact on the Conservation Area, AONB and landscape character.
The Highway
Authority’s objection also remained.
The Senior Planning Officer recommended refusal on grounds related to the impact
of the proposal on the Conservation Area, Area of Outstanding Natural Beauty and
landscape character and on the highway grounds stated in the report.
In response to a comment, the Development Manager stated that he was unsure at
this stage whether it would be possible to mitigate the concerns regarding the scale
of the building, such as lowering the ground level.
Councillor J D Savory, a local Member, stated that the height of the building was a
concern, however the adjacent bungalow already set a precedent. He stated that
public houses had to diversify to survive. The Red Lion had already established a
good reputation and there was potential to attract additional business through the
letting of the proposed accommodation. He considered that the business was an
asset to the local economy. He considered that the design was acceptable.
Although he acknowledged the comments of the Highway Authority he was not
aware of any accidents, a 20mph speed limit was in force and the narrowness of the
road provided natural traffic calming. Regarding the shortfall in parking spaces, car
parking at the site was self-regulating and there was no on-street parking in the
village. Guests were likely to leave their vehicles at the site and use the coastal
119
paths and local transport. He requested that the Committee consider whether, on
balance, the economic benefits outweighed the landscape concerns in this case.
Councillor M J M Baker stated that he was concerned about the environment but this
was a tourist area and local businesses needed trade to survive. He considered that
the visual intrusion would be minimal and would be outweighed by the economic and
tourism benefits. He proposed approval of this application.
Councillor R Reynolds stated that he had previously lived in the village for many
years but did not know the proprietors of the business. Whilst he supported the
application, he was concerned that the view from the public right of way could be
compromised. He asked if it would be possible to lower the roof line so that it was
level with that of the adjacent bungalow. He considered that traffic was selfregulating and it would not be possible to speed through the village. He stated that
the occasional accident had occurred in the village but, as far as he was aware, none
had occurred at this site. He seconded Councillor Baker’s proposal subject to
amendment to reducing the height of the roof. Councillor Baker accepted the
amendment to his proposal.
The Development Manager considered that any delegated authority to approve this
application should be subject to the applicant agreeing to amend the roof height.
In response to a question by Councillor E Seward, the Senior Planning Officer
explained the shortfall in parking spaces. Councillor Seward did not support the
Highway Authority’s view with regard to safety as the road was self-regulating, there
was a 20mph speed limit in force and he considered that there were no issues with
regard to the access. He considered that the economic benefits outweighed any
highway concerns and a sustainable business would help towards maintaining a
sustainable community.
The Planning Legal Manager gave advice on the wording of the reasons for approval
of this application if the Committee was minded to do so.
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to
approve this application subject to reduction in the height of the
building to the approximate height of the adjacent bungalow and
subject to the imposition of appropriate conditions.
Reason: The Committee considered the economic benefits which would
flow from the development as it would sustain a well-established local
business which is an asset to the village, the District and the tourism
industry, and is mindful of existing jobs and the prospect of additional
employment. The Committee is conscious of the highway objection but
is aware that there is a 20mph speed limit in force and that the narrow
roads are self-regulating in terms of speed. Weighing all these issues,
the view of the Committee is that there are significant material
considerations which outweigh the landscape and highway issues.
120
(247) STODY - PF/11/1442 - Erection of two-storey/single-storey rear extensions and
first floor side extension; Sunnyside Cottage, The Green, Hunworth for Mr
Tollett
The Committee considered item 7 of the Officers’ reports.
Public Speaker
Mrs Crawley (objecting)
The Senior Planning Officer reported that an amended plan had been received which
showed a hipped roof at the rear. A letter had been received from Stody Estate
Limited withdrawing its previous objection on grounds that the amendment had
helped to reduce the loss of light and overbearing impact on the neighbouring
dwelling. The letter also suggested that significant improvements in the appearance
of Sunnyside Cottage would be achieved by improvements to the front porch;
however this did not form part of the proposed scheme.
The Development Manager stated that whilst this application could not be linked to
improvements to the porch, a letter could be sent to the applicant in support of the
representations and inviting discussion on the matter.
Councillor Mrs L M Brettle, the local Member, maintained her view that the proposal
was overdevelopment of the site. Whilst the amendment had improved the scheme,
she considered that there was scope for further improvement. She asked if it was
necessary to build up to the boundary.
Councillor P W High considered that the amended design was satisfactory.
proposed approval of the application.
He
Councillor R Shepherd supported the local Member’s view. He considered that the
extension would result in loss of light to the dwelling to the west. He considered that
the design had to be right for the village and on balance was minded to refuse the
application.
Councillor Mrs Brettle proposed refusal of this application on grounds that the
proposal was overdevelopment in a Conservation Area.
Councillor B Smith considered that the footprint of the extension was far larger than
the original building and did not fit in with the surrounding development.
The Senior Planning Officer referred to Policy EN4. He stated that the extension
could not be seen from any public vantage points.
Councillor R Shepherd seconded Councillor Brettle’s proposal.
Councillor Mrs A R Green considered that the proposal bore no resemblance to the
Council’s Design Guide.
The Development Manager referred to the comments of the Conservation, Design
and Landscape Manager in respect of the existing extensions. If approved, the only
part of the scheme which would be visible to the public would be the reconstruction at
the front.
121
RESOLVED by 10 votes to 1 with 1 abstention
That this application be refused on grounds that the scale of the
development is excessive and would have an adverse impact on the
neighbouring dwelling by reason of loss of light and overbearing
impact.
(248) THURSFORD - LA/12/0126 - Internal alterations to first floor to provide en-suite
bathrooms; Old Coach House, Fakenham Road for Mrs A Green
Councillor Mrs A R Green declared a prejudicial interest in this application as she
was the applicant and left the Council Chamber during consideration of this item.
Councillor R Reynolds declared a personal interest as he had recently carried out
work for the applicant.
All Members were acquainted with the applicant as she was a fellow Councillor.
The Committee considered item 8 of the Officers’ reports.
It was proposed by Councillor J A Wyatt, seconded by Councillor R Shepherd and
RESOLVED unanimously
That this application be approved.
(249) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION
The Committee considered item 9 of the Officers’ reports.
The Chairman stated that she also had determined that two site inspections 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 in order to expedite processing of the
planning applications to which they related.
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:
LANGHAM - PF/12/0181 & LA/12/0182 - Conversion and extension of
barns to provide hotel with swimming pool, restaurant and bar facilities,
conversion of barn to four residential dwellings and erection of five
holiday dwellings; land at Glass Barn, North Street for Avada Ltd
WELLS-NEXT-THE-SEA – PF/12/0212 – Erection of dwelling and
conversion of outbuilding to annexe; The Crown Hotel, The Buttlands
for Mr P Parker
WORSTEAD – PF/12/0356 - Variation of Condition 2 of planning
permission reference: 11/0418 to permit retention of re-sited buildings,
CCTV cameras and fencing; Solar Farm, Heath Road for Renpower
Investments UK Ltd
122
(250) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 10 of the Officers’ reports.
(251) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 11 of the Officers’ reports.
(252) NEW APPEALS
The Committee noted item 12 of the Officers’ reports.
(253) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 13 of the Officers’ reports.
(254) WRITTEN REPRESENTATIONS APPEALS - IN HAND
The Committee noted item 14 of the Officers’ reports.
(255) APPEAL DECISION
The Committee noted item 15 of the Officers’ reports.
The meeting closed at 12.05 pm.
CHAIRMAN
3 May 2012
123
Agenda Item 2__
CABINET
Minutes of the meeting of the Cabinet held on Monday 16 April 2012 at the Council
Offices, Holt Road, Cromer at 10.00am.
Members Present:
Mrs H Eales (Chairman)
Mrs A Fitch-Tillett
Mr T FitzPatrick
Mr T Ivory
Mr K Johnson
Mr John Lee
Mr W Northam
Also attending:
Mrs L Brettle
Mrs A Claussen-Reynolds
Mr P High
Mr N Lloyd
Mr R Reynolds
Mr E Seward
Mr R Shepherd
Mr B Smith
Mrs P Terrington
Mrs H Thompson
Mr G Williams
Officers in
Attendance:
Also in
Attendance:
108.
The Chief Executive, Corporate Director (S. Blatch),
Corporate Director (N. Baker), the Policy and Performance
Management Officer (for item 117), and the Community Projects
Manager (for item 119)
The press for minutes 108 – 119
The public for minutes 108 -116
MOTION WITHOUT NOTICE
Mr T FitzPatrick, Portfolio Holder for ICT and Democratic Services proposed the
following resolution: ‘that under Procedure Rule 14.1(n) of the Constitution, Rule 20.3
regarding the switching off of mobile telephones and electronic equipment is
suspended for the duration of the meeting to allow Members to continue to use their
tablets’.
RESOLVED
To accept the Motion
109.
APOLOGIES FOR ABSENCE
None
110.
MINUTES
The minutes of the meeting of Cabinet held on 12 March 2012 were confirmed as a
correct record and signed by the Chairman.
111.
PUBLIC QUESTIONS
Questions had been received from Mr Harrison-Robertshaw, Mrs C Candish and Mr J
Morgan. The questions concerned Agenda item 10, North Lodge Park Development
Proposal.
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16 April 2012
The Chairman advised that the item would be taken earlier than scheduled. There
would be a one minute right of reply, following the Portfolio Holder’s response to the
questions and any discussion by Members.
112.
ITEMS OF URGENT BUSINESS
None
113.
DECLARATIONS OF INTEREST
Member(s)
114.
Mr K Johnson
Minute
No.
116
Mr T FitzPatrick
118
Item
Interest
North Lodge Park
Development Proposal
Personal and non
prejudicial as a
Member of Cromer
Town Council
Development of the Offshore
Wind Energy Sector of the
North Norfolk Coast
Personal and non
prejudicial - rents
facilities at Egmere
Business Park
MEMBERS TRAINING DEVELOPMENT AND SUPPORT GROUP
Mr K Johnson, Chairman of the Members Training Development and Support Group,
proposed that the recommendations be adopted. He informed Members that the
Council had made a written commitment to achieve the Members’ Charter in 2008. It
was hoped that all members would sign up to the Skills Portal and fully support the
commitment to the Charter.
Mr E Seward asked whether use of the Members’ Skills Portal would be monitored.
Mr K Johnson replied that several members of the Members Training Development
and Support Group had been trialling the Skills Portal and they were keen to provide
feedback. All Members were encouraged to join the scheme and report on the
outcome.
RESOLVED that
The minutes of the meeting of the Members’ Training, Development and Support
Working Group held on 28th February 2012 be received and the recommendations
contained therein be adopted as follows:
MINUTE 4: TRIAL OF PERSONAL DEVELOPMENT PLAN
RESOLVED
To agree:
1.
2.
Cabinet
That Cabinet re-affirms the Council’s commitment to achieving the Members
Development Charter and recommends the adoption of the action plan
To the payment of 1 year’s subscription at a cost of £997 for the Members
Skills Portal to be provided by the South East Employers
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16 April 2012
3.
4.
5.
115.
To confirm that all members are to be encouraged to use the Skills Portal,
including the 360 feedback process.
That the Member Training Development and Support Group will provide
regular reports to Cabinet relating to progress being made in achieving the
Charter and installing the skills
That Cabinet makes a long-term commitment to the Members Development
Charter.
JOINT STAFF CONSULTATIVE COMMITTEE
Mr K Johnson, Chairman of the Joint Staff Consultative Committee informed
Members that a report on the Pay and Grading Review would be presented to Full
Council on 18th April 2012.
RESOLVED that
The minutes of the meeting of the Joint Staff Consultative Committee held on 21
November 2011 be received.
116.
NORTH LODGE PARK DEVELOPMENT PROPOSAL
Three questions had been received for this item:
1. Mr A Harrison-Robertshaw spoke in favour of a site for a skate park at North
Lodge Park. He said that he was concerned that local residents had not been
consulted on the development proposals and that a recent poll conducted by
campaigners for the skate park showed 614 residents were in favour of a skate
park compared to 32 for an outdoor gym. He handed the results of the poll to the
Legal and Democratic Services Manager.
2. Mrs C Candish spoke on behalf of Cromer Preservation Society (CPS). She said
that they supported investment into the regeneration of North Lodge Park but that
there should be a full public consultation. The CPS was concerned that the report
implied that they had been consulted on the proposals and they felt this was
misleading as no agreement had been reached. She added that they felt there
was no cohesive design for the park as a whole and that the proposals were
causing tension within the town.
3. Mr J Morgan told Members that he had previously been employed by Kier to
maintain the putting greens at North Lodge Park. He had kept a tally during 2011
of the number of people using the greens and submitted a report to Kier on how
to increase usage. He pointed out that the Cabinet report indicated that there
were 4 putting greens in Cromer. The green at the Meadows was a pitch and putt
not a putting green. He felt that the amount attributed to the cost of grounds
maintenance for the putting area was too high and sought clarification on this
figure. He added that there was very little maintenance during the winter months.
Mr J Lee, Portfolio Holder for Tourism, Leisure and Cultural Services said that he
welcomed input from members of the public. He believed that the development
proposal would revitalise a tired-looking asset and leave a legacy for the town. The
plans were a product of consultation with Cromer Town Council and although a
significant sum was involved it would be recovered.
He responded to the points raised by members of the public:
a) The new children’s play area would include an outdoor gym which would enable
adults to exercise whilst their children played. It would be open to everyone and
free of charge. The Council was hoping to work with Fit Together to provide a
programme of supervised sessions to encourage uptake of the facilities. New
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16 April 2012
toilets would be provided closer to the play area and it had been agreed in
principle that a contribution to the cost of maintaining the toilets and the Park
would be undertaken by Cromer Town Council.
b) Cromer was well provided for putting greens. The intention was to grass over
them to encourage people to picnic there. The Town Council’s proposal for a
communal garden in place of the bowling green should be welcomed as a chance
to commemorate the Diamond Jubilee.
c) Cabinet were meeting with campaigners for the Skate Park on Thursday 19th
April. They would discuss the possibility of incorporating a facility into North
Lodge Park or the Meadow. He added that any scheme would require planning
permission and funding.
The Portfolio Holder concluded by saying that there would be ongoing discussions
with Cromer Preservation Society regarding the upgrading of the park.
Members discussed the report:
a) Mrs H Thompson, Local Member for Suffield Park said that there had been
previous public consultations on North Lodge Park and they had always caused
agitation within the town. She had always supported the campaign for a skate
park but it should be acknowledged that members of the public had objected to
previous proposals with regards to the location and noise levels.
b) Mr T Ivory said that the proposal to provide an outdoor gym did not preclude a
skate park being constructed at North Lodge Park. He asked for more information
regarding the extent of the consultation. Mr N Baker, Corporate Director, said that
the report made clear that the provision of an outdoor gym would not preclude a
skate park. He said that there had not been a public consultation regarding these
specific proposals but there had been a local referendum on the provision of a car
park at North Lodge Park in recent years. He added that the Town Council had
been consulted and they represented local residents.
c) The Leader proposed that the first recommendation was amended to include
‘further consultation including representatives for the skate park’
d) Mr N Lloyd was concerned about possible inaccuracies regarding the cost of
maintaining the putting greens and other provision within the town. Mr N Baker
replied that the figure for maintenance of the putting greens had been provided by
the leisure contractor. Any savings would accrue from the Town Council’s offer
towards the upkeep of the park and toilets. He acknowledged that the Meadows
site offered a ‘pitch and putt’ rather than a putting green.
e) Mr G Williams said that it was important that the Council continued to invest in
parks and open spaces and that the focus should be on getting it right.
f) Mr K Johnson, Local Member for Cromer Town said there had been several
public consultations on North Lodge Park over the last 30 years and it had always
been impossible to keep everyone happy. He added that Cromer Town Council
had considerable input into the current proposals and he felt that real progress
was being made. He supported the Leader’s amendment to the first
recommendation.
g) Mr T Ivory added that the involvement of Cromer Town Council indicated that
there was support for the proposals. He agreed that individuals should also have
the opportunity to comment.
h) Mr W Northam proposed that any consultation should have a timescale to ensure
that it did not last indefinitely.
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16 April 2012
The Leader asked Members of the Public that had raised questions whether they
wished to respond further:
1. Mr A Harrison-Robertshaw reiterated that a large number of residents supported
the provision of a skate park in North Lodge Park.
2. Mrs C Candish said that she was very pleased with the proposal to take the views
of the public into consideration and the implementation of a timescale for this.
3. Mr J Morgan stressed that the putting greens at North Lodge Park were Cromer’s
3rd most popular attraction and that they encouraged people of all ages to
exercise.
.
The Portfolio Holder thanked everyone for their input. He reiterated that it was not a
question of an outdoor gym versus a skate park and it was possible that both could
be accommodated. It was hoped that the play area and the outdoor gym would be
ready in time for the arrival of the Olympic torch in Cromer. The Jubilee garden was
intended to be a legacy and would not be completed for June 2012.
He proposed that the first recommendation was amended to include ‘ongoing
dialogue with key stakeholders’.
RESOLVED to
a)
Authorise Officers to progress with a development scheme for North Lodge Park
as described in the report, to include ongoing dialogue with key stakeholders.
b)
Agree to a capital expenditure of £197,000 for the scheme, to be financed from
capital receipts.
c)
Authorise Officers to enter into negotiations and complete legal contracts and,
where necessary, planning applications in respect of:
1)
2)
3)
117.
The financial offer from Cromer Town Council to fund the toilets and the
Park
The transfer of the existing toilet buildings to the Sea View Pre-school
The transfer of the existing bowls green to the Town Council at no
future cost to North Norfolk District Council.
FIRST ANNUAL ACTION PLAN
The Leader, Mrs H Eales, introduced this item. She explained that the Annual Action
Plan underpinned the Corporate Plan and provided the detail on how the Council’s
priorities would be realised over the forthcoming 12 months. The Plan was drawn up
in consultation with Parish and Town Councils and other local bodies.
The Annual Action Plan would be delivered through the application of the
Performance Management .Framework. As this was the first year of the process, it
was intended that lessons would be learnt at the end of the year and the Action Plan
adjusted accordingly to take forward into the following year.
Members discussed the report:
1. Mr G Williams said that he was concerned that the responses to the consultation
had been produced in an electronic format only. He had obtained a printed
version from the Members’ library. It was agreed that additional printed copies
would be provided prior to the meetings of the Overview and Scrutiny Committee
and Full Council.
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16 April 2012
2. Mr E Seward, Chairman of the Overview and Scrutiny Committee asked whether
the Performance Management Framework would be presented to the Overview
and Scrutiny Committee. The Chief Executive replied that as it was the
mechanism for monitoring the Annual Action Plan, the Performance Management
Framework would be going to the Overview and Scrutiny Committee as part of
the Council’s performance ‘measure’ process. The Leader added that
performance management framework consisted of three parts:
i) Operational – the setting of targets
ii) Performance measures
iii) Review of the measures to ensure they were effective
3. Mr T Ivory said that he supported that Annual Action Plan. He felt that the
responses indicated that there was a lack of understanding that it only focused on
the delivery of the Corporate Plan and that the Council would still be carrying out
their statutory duties.
4. Mr G Williams asked whether the Cabinet was satisfied with 17 responses to the
consultation and whether they would engage with local residents differently in the
future. The Leader said that the majority of responses came from Parish and
Town Councils and other local bodies that represented a large number of people.
RECOMMENDED to Full Council
the adoption of the Annual Action Plan 2012-13.
118.
DEVELOPMENT OF THE OFFSHIRE WIND ENERGY SECTOR OFF THE NORTH
NORFOLK COAST – A STRATEGIC POSITIONING PAPER AND PROPOSAL
FOR LOCAL PARTNERSHIP WORKING ARRANGEMENTS
Mr T FitzPatrick, Portfolio Holder for Business Enterprise and Economic
Development presented this item. He explained that the report provided a strategic
overview of the development of offshore wind energy schemes off the North Norfolk
Coast and proposed a number of actions to allow the District to realise the economic
and employment benefits associated with such developments. It was also proposed
that the Council became a member of the Norfolk and Suffolk Energy Alliance and
worked with local partners through a new North Norfolk Renewables Partnership to
respond positively to enquiries from businesses connected with renewable
technologies wanting to establish facilities in the district.
Mr W Northam seconded the motion and proposed that Mr T FitzPatrick represented
the Council on the Norfolk and Suffolk Energy Alliance.
Members discussed the report:
1. Mr P Terrington, Local Member for Priory Ward said that he was concerned about
the impact of wind farms on the area around Wells-Next-the-Sea. The
development of a support facility at Egmere for SCIRA depended on the capacity
at Wells harbour and this was now bigger than the figure consulted on and
consequently could have a negative impact on tourism and local residents.
He requested the following:
i) Greater representation of local interest groups within the North Norfolk
Renewables Partnership.
ii) An action plan to minimise the impact of the increase in traffic along the B1104
corridor from Fakenham to Wells.
iii) A report on the possibility of raising s106 contributions from offshore wind
farms
iv) Regular reports from the North Norfolk Renewables Partnership to the Council
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16 April 2012
2. Mr R Reynolds., Local Member for Fakenham said that he fully supported the
proposals and the employment opportunities it would bring to the area.
3. Mr N Lloyd was concerned that the focus was shifting to renewable energy and
that the Gas Terminal at Bacton would not benefit. The Portfolio Holder
responded that the Norfolk and Suffolk Energy Alliance covered the whole energy
sector not just renewables.
4. Mr G Williams felt that the Council could be a junior partner within the Alliance.
The Portfolio Holder replied that this would not be the case. They would be a full
member and joining the Alliance was the only way to ensure they were fully
involved in the decision making process.
The Portfolio Holder advised Members that Walsingham Parish Council fully
supported the development at Egmere. He had also spoken to Mr J Savory, Local
Member for Priory Ward who was broadly in favour of the proposals but wanted to
ensure that tourism interests were protected. He added that Wells Town Council and
Walsingham Parish Council would continue to be consulted.
RESOLVED to
1. Note the contents of the report, particularly as it relates to the proposed
development of offshore wind energy schemes off the North Norfolk coast and to
acknowledge the economic and employment opportunities presented by such
developments to the district over the next fifty years.
2. Endorse the proposal for the Council to become a member of the Norfolk and
Suffolk Energy Alliance for a one-off contribution of £20,000 and to appoint the
Portfolio Holder for Business Enterprise and Economic Development, Councillor
T FitzPatrick to represent the authority on the Alliance Board.
3. Endorse the proposal for the Council to work with local partners through a North
Norfolk Renewables Partnership to promote the district to businesses operating in
the renewable energy sector and respond positively to inward investment and
new business enquiries from businesses operating in this expanding economic
sector.
119.
HOLT VISION
Mr T Ivory, Portfolio Holder for Localism and the Big Society introduced this item. He
said that the initiative for the Holt Vision Study had come from the residents of Holt.
The purpose of the report was to emphasise that the Council supported the Vision
and fully endorsed it.
Mr P High, Local Member for Holt said that he had been involved with the project
from the beginning. He was concerned that there did not appear to have been any
discussion with Holt Town Council regarding the Neighbourhood Plan. At this stage
he wanted to reserve judgment on the merits of the Vision Study.
Mrs L Brettle, Local Member for Glaven Valley said that a thriving town was in
everyone’s interest. She was concerned that some car parking would be lost if some
of the proposals were implemented and this would need to be addressed. The
Portfolio Holder agreed that car parking was a fundamental issue and needed to be
worked on in conjunction with the Holt Vision project.
Mr G Williams asked how the Council would mesh local plans with the Annual Action
Plan. The Portfolio Holder said that he believed there was a link and it was important
that town and parish councils worked with the Council. He acknowledged that there
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16 April 2012
was a resource issue and this had been factored into the proposed Senior
Management Restructure that would be considered at Full Council on 18th April 2012.
There would also be additional support via the Service Level Agreements which
supported the Council’s Big Society Fund.
RESOLVED to
1. Endorse the Vision for Holt and acknowledge the value of the study in identifying
various urban design, traffic management and economic and community
schemes that can be taken forward by named lead and partner organisations.
2. Agree that where NNDC can support actions based on the assessment of the
merits of the proposals put forward, that officers will seek approval from Cabinet,
on an individual basis for support in the development of those proposals.
The Meeting closed at 11.27 am
_______________
Chairman
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16 April 2012
Agenda Item
24
LIST OF SEALED DOCUMENTS
AGREEMENT
Agreement relating to Development of Land at Dereham Road, Hempton between North
Norfolk District Council (1) and Victory Housing Trust (2).
Loan Agreement between Gary Holmes and Stacey Holliday (1) and North Norfolk District
Council (2) for £690.00.
Loan Agreement for £1,000.00 between Kathryn Dentice (1) and North Norfolk District
Council (2) relating to 69 Greenway Lane, Fakenham, NR21 8ES.
Agreement for Services for Big Society Grant Fund between North Norfolk District Council
and Norfolk Community Foundation.
LEASES
Lease of Land and Shop Unit 2, The Promenade, Cromer between North Norfolk District
Council (1) and Benjamin Kewell (2) and David Kewell (3).
Full Council
30 May 2012
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