Please contact: Emma Denny Please email: Emma.Denny@north-norfolk.gov.uk Please direct dial on: 01263 516010 01 September 2014 A meeting of the Overview and Scrutiny Committee of North Norfolk District Council will be held in the in the Council Chamber at the Council Offices, Holt Road, Cromer on Wednesday 10th September 2014 at 9.30am. At the discretion of the Chairman, a short break will be taken after the meeting has been running for approximately one and a half hours. Members of the public who wish to ask a question or speak on an agenda item are requested to arrive at least 15 minutes before the start of the meeting. It will not always be possible to accommodate requests after that time. This is to allow time for the Committee Chair to rearrange the order of items on the agenda for the convenience of members of the public. Further information on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263 516010, Email: democraticservices@north-norfolk.gov.uk Anyone attending this meeting may take photographs, film or audio-record the proceedings and report on the meeting. Anyone wishing to do so must inform the Chairman. If you are a member of the public and you wish to speak on an item on the agenda, please be aware that you may be filmed or photographed. Sheila Oxtoby Chief Executive To: Mrs A Claussen-Reynolds, Ms V R Gay, Mrs A Green, Mr B Jarvis, Mrs B McGoun, Mr P Moore, Mr J H Perry-Warnes, Mr R Reynolds, Mr E Seward, Mr R Shepherd, Mr N Smith, and Mr P Terrington. All other Members of the Council for information. 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 & Steve Blatch Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005 Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org AGENDA 1. TO RECEIVE APOLOGIES FOR ABSENCE 2. SUBSTITUTES 3. PUBLIC QUESTIONS To receive questions from the public, if any 4. MINUTES (Page 1) (9.30-9.35) To approve as correct records the minutes of the meeting of the Overview and Scrutiny Committee held on the 16th July 2014 and the 22nd July 2014. 5. 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. 6. DECLARATIONS OF INTEREST Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda. The Code of Conduct for Members requires that declarations include the nature of the interest and whether it is a disclosable pecuniary interest. 7. PETITIONS FROM MEMBERS OF THE PUBLIC To consider any petitions received from members of the public. 8. CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER To consider any requests made by non-executive Members of the Council, and notified to the Monitoring Officer with seven clear working days‟ notice, to include an item on the agenda of the Overview and Scrutiny Committee. 9. RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS OR RECOMMENDATIONS To consider any responses of the Council or the Cabinet to the Committee‟s reports or recommendations. 10. THE CABINET WORK PROGRAMME (Page 15) (9.35-9.40) To note the upcoming Cabinet Work Programme 11. NORTH WALSHAM AND DILHAM CANAL – PRESENTATION (9.40- 10.15) To receive a presentation from Mr Ivan Cane, Canal Trust Archivist, at North Walsham and Dilham Canal. 12. BUDGET MONITORING PERIOD 4 Portfolio Holder: Cllr W Northam (Cabinet Agenda, 08 September 2014, page 9) (Appendix A – Cabinet Agenda p. 20) (Appendix B – Cabinet Agenda p. 21) (Appendix C - Cabinet Agenda p. 24) (Appendix D – Cabinet Agenda p. 30) (10.15 – 10.35) Summary: This report summarises the budget monitoring position for the revenue account and capital programme to the end of July 2014. Options considered: Not applicable Conclusions: The overall position at the end of July 2014 shows a forecast under spend of £862,419 to date for the current financial year on the revenue account, this is currently expected to deliver a full year variance of £85,423. Recommendations: It is recommended that: 1) Cabinet note the contents of the report and the current budget monitoring position. 2) Cabinet agree the updates to the Capital Programme. Reasons for Recommendations: To update Members on the current budget monitoring position for the Council. Decision: For Overview and Scrutiny Committee to note the report LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW (Papers relied on to write the report and which do not contain exempt information) System budget monitoring reports Cabinet member(s): Ward member(s) Contact Officer, telephone and e-mail: 13. Councillor W Northam All Malcolm Fry, 01263 516037 malcolm.fry@north-norfolk.gov.uk FINANCIAL STRATEGY 2015/16 TO 2017/18 Portfolio Holder: Cllr W Northam (Cabinet Agenda 08 September 2014, page 31) (Strategy Document – Cabinet Agenda, p.33) (Appendix E – Cabinet Agenda, p. 60) (10.35 – 11.05) Summary This report presents the current financial forecast for the period 2015/16 to 2017/18 and provides a summary of the key issues facing the Council in relation to Local Government Finance. The report provides the background and context within which the financial strategy and outlines the strategy for the next two to three years. Options considered None Conclusions The current financial forecast presents a funding gap for the next three years of just over £1.2 million by 2017/18. Estimates have been made on the level of future funding, although there is still a great deal of uncertainty on the level of grant reductions that Local Authorities will be facing. Recommendations It is recommended that: 1) Members consider and note: a) The current financial forecast for the period 2015/16 to 2017/18; b) The current capital funding forecasts; 2) Members consider and recommend to Full Council: a) Continuation of the current Local Council Tax Support Scheme for 2015/16; b) That the Local Council Tax Support Scheme grant for parishes be offered to those parish and town councils that accepted the grant in 2014/15 and the total amount available is reduced in line with the Council’s relative funding reductions as outlined at section 2.8.5; c) The revised reserves statement as included at Appendix E to the financial strategy; Reasons for Recommendations To update members with the current financial position of the authority and the current financial strategy for addressing the funding shortfall and also to ensure timely decisions can be made to inform the detailed work on the budget for 2015/16 which will be commencing in the coming months. Cabinet member(s): Ward member(s) Contact Officer, telephone and e-mail: Councillor W Northam All Karen Sly 01263 516243 karen.sly@north-norfolk.gov.uk Decision Required: For Overview & Scrutiny Committee to note Recommendation 1 above and to consider whether to support Recommendation 2 above 14. MANAGING PERFORMANCE Q1 2014/15 Portfolio Holder: Cllr T FitzPatrick (Cabinet Agenda 08 September 2014, page 63) (Appendix F, Cabinet Agenda p. 66) (11.15 – 11.30) Summary: The purpose of this report is to give a first quarter progress report of the performance of the Council. More specifically it reports delivery of the Annual Action Plan 2014/15 and achieving targets. It gives an overview, identifies any issues that may affect delivery of the plan, the action being taken to address these issues and proposes any further action needed that requires Cabinet approval. Options considered: Conclusions: Options considering action regarding performance are presented separately, issue by issue, to the appropriate Council Committee. 1. The majority of the 56 activities in the Annual Action Plan 2014/15 are on track or progressing to plan (46). Performance is being closely monitored, particularly for the small number of activities where issues or problems have been identified (two). Some activities have already been completed successfully (three). 2. Of the 15 performance indicators where a target has been set eight are on or above target, one close to target and six below target. Where assessment against the same period last year is possible (17 indicators), 12 are improving, three are static and two are worsening. 3. The delivery of the Annual Action Plan is progressing according to plan but there are a very few performance issues in achieving targets. These are detailed in the document „Managing Performance Quarter 1 2014/15‟ attached as Appendix F. Recommendations: 1. That Cabinet notes this report, welcomes the progress being made and endorses the actions laid out in Appendix F being taken by management where there are areas of concern. 2. That Cabinet approves the target for performance indicator C 007 Target response time to fly tipping and all other pollution complaints (within 2 working days) be set at 80%. Reasons for Recommendations: To ensure the objectives of the Council are achieved. Cabinet member(s): Ward member(s) Contact Officer, telephone and e-mail: Councillor T FitzPatrick All Helen Thomas 01263 516214 helen.thomas@north-norfolk.gov.uk Decision Required: For Overview & Scrutiny Committee to note the above recommendations 15. OVERVIEW AND SCRUTINY UPDATE (Page 18) (Appendix A – p.19) (11.30 – 11.40) To receive the Overview and Scrutiny Update from the Democratic Services Team Leader 16. EXCLUSION OF THE 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 items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph _ of Part I of Schedule 12A (as amended) to the Act.” 17. TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE PUBLIC BUSINESS OF THE AGENDA Agenda item no._______4_______ OVERVIEW AND SCRUTINY Minutes of a meeting of the Overview and Scrutiny Committee held on 16 July 2014 in the Council Chamber, North Norfolk District Council, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr P W Moore (Chairman) Ms V R Gay Mrs A Green Mr J H Perry-Warnes Mr D Young (sub) Mr R Reynolds Mr E Seward Mr R Shepherd Mr N Smith Mr P Terrington Officers in Attendance: The Corporate Director (SB), The Corporate Director (NB), the Head of Business Transformation and IT, the Head of Economic and Community Development, the Head of Planning, the Community Projects Manager, the Environmental Services Officer The Democratic Services Team Leader, The Democratic Services Officer. Members in Attendance: Mr T FitzPatrick, Mr P Williams, Mr B Cabbell Manners, Mrs L Brettle and Mrs H Eales Democratic Services Officer (TGS) 1. APOLOGIES FOR ABSENCE Apologies were received from Mrs B McGoun and Mrs A Claussen-Reynolds 2. SUBSTITUTES Mr D Young for Mrs B McGoun 3. PUBLIC QUESTIONS One question was received from Mrs J Warner, clerk at Aylmerton Parish Council. She referred to item 11 on the agenda, Better Broadband for Norfolk and explained that this was a big issue in her parish. She commented that businesses were struggling due to a lack of viable broadband coverage. She asked Mrs K O’Kane- who was present to discuss the Broadband item- and the committee, what the priority system was for deciding where and how to implement better broadband in the district. The Committee agreed that it would be easier for Mrs K O’Kane to cover the answer to this question in her presentation. Overview and Scrutiny Committee 1 1 16 July 2014 4. MINUTES Mr R Reynolds requested that the previous minutes be amended at item 187, points d and e, to show that he asked questions regarding the implementation of training regarding domestic violence in GPs surgeries as it was a very important issue. The Democratic Services Officer agreed to amend this. The minutes were approved as a correct record and signed by the Chairman. 5. ITEMS OF URGENT BUSINESS None received 6. DECLARATIONS OF INTEREST None 7. PETITIONS FROM MEMBERS OF THE PUBLIC None received. 8. CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None received. 9. RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS OR RECOMMENDATIONS None received. 10. THE CABINET WORK PROGRAMME The Committee noted the work programme and its content. 11. BETTER BROADBAND FOR NORFOLK – PRESENTATION Ms K O’Kane, Programme Director for Better Broadband for Norfolk at Norfolk County Council, gave a presentation regarding broadband coverage in the county. She explained that whilst government funding which had been match funded by the county council would be able to provide on average 83% of homes in the county with superfast broadband, district councils had been asked to provide top up funding in order to support the areas in their districts which were most technologically isolated. She also outlined methodology for the inputting of fibre optics to support this infrastructure, costs of the overall project, and the timescale. Following this, the Corporate Director (SB) outlined the July Cabinet report, which had been approved at Cabinet, which would allow the district to support this implementation and provide extra funding in principle. He further explained that survey work would be undertaken to ensure the extra funding would be worthwhile. The Chairman queried if all the money that had been allocated by the district would be spent in north Norfolk. Mrs K O’Kane replied that it would be ring fenced. The Chairman then invited members to ask questions. Overview and Scrutiny Committee 2 2 16 July 2014 1. Mr R Reynolds queried what the implementation time would be for a town such as Fakenham, where the town was relatively large but the broadband infrastructure was not good. Mrs K O’Kane replied that as Fakenham was a ‘head end’ exchange it would be a 2015 roll out, however as Fakenham was lacking significant infrastructure at the moment there would be a lot of work to do. 2. Mrs H Eales raised an article she had read in the telegraph, wherein a village in Lancashire had paid for and provided its own broadband. She commented that companies such as BT where behind and should have been providing this infrastructure 10 years ago. She commented that structure to north Norfolk needed to be provided soon otherwise local communities may end up having to provide their own support. Mrs K O’Kane commented that there were a small number of local schemes, however they relied on large local businesses to provide the service, and should these businesses become unviable the service would disappear. 3. Mr P Williams commented on his own local area, commenting that around him there seemed to be mostly aluminium cable, and queried if this would have to be re-laid. Mrs K O’Kane replied that cables in his area may need rearrangement which would be expensive; meaning that it was less likely that his area was covered by the initial tranche of funding which would give 83% in Norfolk better broadband. She commented she would investigate his area further. 4. Ms V Gay commented that in north Norfolk, rural deprivation was a significant issue, and that members of the public were in effect subsidising areas with better service coverage. She commented that there was a significant economic disparity prevalent in rural area which needed to be overcome, and for not just future economic success, but also for future health and wellbeing, rural areas needed to be provided with better service and facilities. Mrs K O’Kane commented that she couldn’t affect pricing levels of broadband, as much of this was regulated by OFCOM and then set by companies themselves. She commented the best way to approach getting a good price was via comparison sites which would show the best deals. 5. Mr D Young asked Mrs K O’Kane to explain why extra funding was needed to provide 91% of the district with better broadband and queried why the initial funding only covered 83% of the district. She explained that with another £5 million from the LEP and £1 million from the county council, which would be match-funded by the government, they could produce 91% of better coverage for the area. The extra £1 million of funding that was being proposed by the Cabinet, which would again be match funded, would bring coverage in the district up to 95% of better broadband. She explained that the extra funding was required because at this point the areas needing upgrading needed significant improvements to provide sufficient infrastructure. With regards to the last 5% she explained that most of these were houses outside of villages and instead isolated, individual properties, which made implementing better technology very expensive. She explained that for these properties, broadband may never improve due to the cost implications of improvements. However, she again reiterated that to provide 95% of properties in the district with better broadband the £1 million that the authority had proposed should be sufficient, however that surveys and analysis would be carried out before this amount was committed. The Leader at this point asked to give an introduction from the Cabinet point of view. He explained that the report had passed through Cabinet and would be going to Full Council to approve the budgetary implications regarding the ear marking of £1 million. He again explained that there was no commitment to spend until sufficient analysis and surveys of the work required had been carried out. He explained the recommendations were presented to the Overview and Scrutiny committee to consider. The committee unanimously Overview and Scrutiny Committee 3 3 16 July 2014 AGREED To recommend the following to Full Council: 1. That £1million is earmarked (in a reserve) from the current year balance and future year allocations return of the second homes council tax funding and unallocated New Homes Bonus. 2. That no commitment to spend this earmarked fund is made until the BBfN Programme has let the next call-off contract and this has been analysed by the District Council, the detail shared with Members and a recommendation made to Council. They further requested that members of the committee be kept up to date with progress on the project. 12. WASTE UPDATE The portfolio holder, Mrs A Fitch-Tillett, had provided her apologies for her nonattendance. The Environmental Services Officer introduced the item, saying he covered the day to day management of the waste contract and would be happy to answer member questions. 1. The Chairman queried a site in North Walsham and its status as a waste transfer site, saying he was not made aware of the change. The Environmental Services Officer explained that waste disposal was a county council function, and this was ultimately their decision. He further explained however that following reports of such, the large vehicles were not supposed to go through the town centre and he and his team would look into this. 2. Mr P Terrington discussed issues in Wells, particularly regarding large waste build up. The Environmental Services Officer replied that they were engaging with local business and had put arrangements in place they felt were working, but that these would be monitored. 3. Mr R Reynolds referred to page 15 of the report at appendix A, and queried where there were missed collections, if these were the same people each time. He also asked if it was an issue that the previous Waste and Recycling Manager was no longer working at NNDC. The Environmental Services Officer replied that the trend of missed collections was improving but that they didn’t monitor the figures of where there were repeat misses. He explained that where there were individuals who had suffered on multiple occasions, a rectification notice would be issued. With regards to the Waste and Recycling Manager’s leaving, the Environmental Services Officer replied that he was covering the post at an operational level in the interim, whilst the Head of Service considered a number of options. He explained that members would be kept up to date with this. 4. Mr P Williams raised the issue of waste along the Broads following changes to the waste management in that area. The Environmental Services Officer replied that there was an upcoming meeting to discuss options but the current plan to withdraw coverage remained. 5. Mr D Young raised the issue of fly tipping that may become apparent following changes to the recycling centre charges and access. The Environmental Services Officer replied that the change had not yet taken place, but they would monitor levels of fly tipping following the change. 6. Ms V Gay wished to record her thanks to those who worked in waste management and the waste operatives who worked in the district. She commented that she was very grateful for their hard work, particularly at going the extra mile when necessary. Overview and Scrutiny Committee 4 4 16 July 2014 The Corporate Director (NB) then gave a brief update on the dry recyclables contract. He explained that they were still on target to roll out in October as part of the joint venture in the Norfolk Waste Partnership. The expansion at the Costessey facility had been completed and would go into commission in September. He also explained they were currently sourcing markets for the output materials but that they should be along the same lines of the original tender. With regards to communicating the change to the public that all recyclables could be put in one bin, he explained that it was key for there to be a county-wide initiative, but also that the process did not start too early so that the public were not confused. Their own launch would be taking place at the Greenbuild event in September. 1. Mr P Terrington queried how to reduce instances of bins falling over containing glass waste, which could be dangerous for individuals. He also queried what the status was of community bottle banks. The Corporate Director replied that, as all glass waste could be put in one bin, it should be heavy enough to keep the bin upright. Alternatively, it could be placed in a clear sack or box alongside the usual bin. With regards to community bottle banks, he commented that they were in discussions with a number of communities for them to take control of local facilities, and that members would be kept aware of options. 2. Mr E Seward commented on the importance of a good advertising and communications strategy, which he hoped would be run effectively. He also queried what would be happening with food waste. The Corporate Director replied that as a joint venture, he hoped the communications and advertising strategy would take a joined up approach and be effective across the county. With regards to food waste, he explained there were upcoming meetings to discuss the remaining waste streams which had yet to be considered in a joint venture. The Chairman thanked officers for their work and members for their comments and the committee NOTED The update 13. PLANNING SERVICE – OVERVIEW AND FUTURE The portfolio holder for planning, Mr B Cabbell Manners, introduced this item. He explained that the planning department had seen significant improvements on performance and further improvements would be about providing change and flexibility to the team, particularly with regards to IT systems. He explained that the team would be going through further changes in the coming months and that members would be kept aware of these. 1. Mr N Smith referred to page 17 of the report, at table 2.4 and queried what the acronyms listed were. The Head of Planning replied that they were all types of formal notices that had been issued, and that PCN stood for Planning Contravention Notice, that RQFI stood for Requisition for Information, EFN stood for Enforcement Notice, BCN stood for Breach of Condition Notice, and that TSN stood for Temporary Stop Notice. 2. Mr P Terrington referred to section 2.8 of the report, querying if the number of dwellings listed on the site allocations development plan were sufficient and asked if this amount had increased. He also referred to points 3.1 to 3.3, suggesting that working with parish councils would be a positive step. Overview and Scrutiny Committee 5 5 16 July 2014 3. Mr E Seward referred to figures regarding enforcement targets, noting that he was pleased to see positive progress. He asked for the team to ensure they had sufficient capacity to support on-going work. The Head of Planning replied that resource level was an important issue, and that they would be considering this in the future in order to maintain high performance. She also discussed process, and suggested that looking at how the system worked would be as effective as ensuring viable resourcing. The Chairman thanked the portfolio holder and officers for their information and invited the Head of Planning to return to the committee in six months to present on further changes. 14. UPDATE ON THE BUSINESS TRANSFORMATION PROJECT The Leader, as portfolio holder, introduced this item. He explained that the Business Transformation project was primarily about making effective use of technology and ensuring that the authority was working in the 21st century. Members were then invited to ask questions. 1. Mr P Terrington commented that the report was very informative, and asked what the life span of the new information systems would be. The Head of Business Transformation replied that as there was no single system being input via the Business Transformation programme, the timescales were variable. He suggested that new telephone equipment lifespan would generally be round 7 years and computers around 3. He explained that the key idea was to create as efficient systems as possible whilst dealing with on-going change and development. Mr P Terrington asked if all budgetary elements of this were included within the programme. The Head of Business Transformation replied that the budget had previously been approved under the original Cabinet report, and where there were additional costs, providing extra funding would be explicitly requested. 2. Mr E Seward queried whether or not any joint partnerships were currently being considered. The Leader replied that none were apart from the Revenues and Benefits joint partnership with Kings Lynn. 3. Mr P Williams requested there be a basic change to the web contact form to allow the person contacting the council to receive an automated response which included the content of their request. The Head of Business Transformation commented that this was a symptom of an individual system being used where there should be a joined up approach; the principles of which were a fundamental part of the introduction of new technology. 4. Mr R Reynolds commented that it was interesting to see systems grow up and develop, and queried if video conferencing would be available externally as well as internally. The Head of Business Transformation commented that it was still subject to the outcome of the procurement process, but ideally it would be available both internally and externally. 5. Mrs A Green queried whether or not member iPads would allow for the filling in of forms. The Head of Business Transformation commented that the process of procuring iPads for members had so far been a piecemeal process which made it difficult to provide individuals with training to bring all members up to a similar standard. He explained that this should be overcome in the next couple of months, and the hope was that once members were at a similar place, it would be possible to develop functionality of the iPads. Mr E Seward commented on this, suggesting that there were both pros and cons of tablet usage, and the most important element was consulting members on what they needed them for. The Head of Business Transformation agreed and commented that once in place there would be a pilot programme and phased implementation, as well as ensuring flexibility for members, Overview and Scrutiny Committee 6 6 16 July 2014 as technology was not always the answer or solution to all issues. He concluded that the primary goal was increased simplification, efficiency and flexibility for members. The Chairman thanked members and officers for their comments and the committee NOTED The report 15. COMMUNITY ENGAGEMENT RIGHTS – A GOVERNMENT CONSULTATION The Community Projects Manager introduced this item. He explained that the report included all the details and he was happy to answer any questions. He updated members that under the Right to Bid, 13 applications out of 29 had been listed so far; under the Right to Challenge they had had one successful application via the Wells Maltings Trust, and with regards to the Right to Build and the Right to Reclaim Land the authority had yet to receive any applications. The Chairman queried the non-attendance of the portfolio holder and requested that all portfolio holders attend in the future. The Corporate director (SB) replied that some of these issues could be overcome via a different agenda presentation which he would look into with the Democratic Services Team Leader. The Chairman then invited members to ask questions on the report. 1. Mr P Terrington queried why there had not been a significant number of applications and asked if this could be attributed to a lack of public knowledge and understanding on community engagement rights and also due to a degree of cynicism. He also queried if certain authority-owned land, such as toilets, were exempt from these community rights. The Community Project Manager replied that to nominate toilets as a community asset would be difficult as they were open to general use and in the main mostly used by visitors to North Norfolk. He explained the Council’s Community Asset Transfer Policy and Process when considering Council assets was the best way to offer opportunities for the community to take forward any interest in the transfer of assets held specifically in NNDC ownership. 2. Mr R Reynolds asked for more information on the Community Right to Reclaim Land. The Community Projects Manager explained that it was about bringing a community building or land back into effective use. The Corporate Director gave an example of a site that would potentially fit these criteria, and explained that by his understanding, it was about bringing about a sale on a site that had particular community prominence or concern in order to bring it back to effective community use. 3. Mr D Young queried why there was such a high rejection rate under the Right to Bid. He also enquired as to the level of publicity provided to Community Engagement Rights. The Community Projects Manager replied that the government had provided organisations such as Community Matters with funding to go out to regions to disseminate information and provide independent and objective advice on Community Rights measures. The Community Projects Manager also commented that local authorities had to be careful with the extent that they promoted these initiatives as it could leave them open to potential disputes for bias, rather local authorities were responsible for ensuring there was a suitable infrastructure in place to allow communities to take part in bids. The Community Project Manager also suggested that there were a number of useful guides available, as well as summaries on the authority’s own website available to help organisations. With regards to the high rejection rate of right to bid, the Community Project Manager Overview and Scrutiny Committee 7 7 16 July 2014 commented that often it was difficult to provide proof of a building’s use or ability for use as a community asset, which made it unlikely to become listed as an Asset of Community Value as part of the process. The Head of Economic and Community Development further commented that communities could utilise these rights for numerous different reasons and that at the moment communities seemed to be ‘testing the water’ of the powers available to them. He suggested that they were useful for producing meaningful discussion between local authorities and communities, particularly if the Community Rights process was not appropriate; it allowed officers to be proactive and identify community issues and work with individuals to a mutually satisfactory goal. 4. Mr E Seward commented that he had found the report informative and encouraged the empowering of communities. He commented that he believed the work the Wells Maltings Trust had done had been a particularly successful and good example of community rights in the district. With regards to the Right to Bid, he queried whether or not the thirteen community assets which had been listed would be able to raise sufficient funds in the allocated 6 month time period. He also commented that many communities perceived parts of these rights, such as neighbourhood plans, to be a waste of time and that they wouldn’t be engaged with effectively. He concluded that the rights seemed to be modest in power for communities, and that since their instigation they had not had much of an impact of community engagement and powers. The Head of Economic and Community Development agreed at the suggestion that there had been modest uptake of the powers; . He explained that he believed at NNDC they had a good relationship with local communities which reduced the need for confrontational approaches to change, and was instead facilitatory and proactive in nature. The Chairman thanked members and officers for their comments, and the committee AGREED To provide the report and minutes of the meeting to the relevant government consultation on Community Engagement Rights 16. OVERVIEW AND SCRUTINY UPDATE The Democratic Services Team Leader introduced this item. She explained to members that the following week’s housing scrutiny meeting was still due to go ahead, however Victory Housing association were now not able to attend. Members could still provide questions and they would be passed on to officers at the housing association for answering. The Chairman registered his disappointment with Victory for their decision to pull out of the event. The Corporate Director reminded members that Broadland and Flagship housing would still be in attendance. Mr P Terrington queried if the Energy Strategy which would be on the committee schedule in September would cover fracking. The Corporate Director replied that yes it would. The meeting concluded at 12.40 pm ____________________ Chairman Overview and Scrutiny Committee 8 8 16 July 2014 Agenda item no._______4_______ OVERVIEW AND SCRUTINY Minutes of a meeting of the Overview and Scrutiny Committee held on 22 July 2014 in the Council Chamber, North Norfolk District Council, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr P W Moore (Chairman) Mrs A Claussen-Reynolds Ms V R Gay Mrs A Green Miss B Palmer (sub) Officers in Attendance: Members in Attendance: Mrs B McGoun Mr J H Perry-Warnes Mr R Reynolds Mrs V Uprichard (sub) The Chief Executive, the Corporate Director (SB), the Housing Team Leader – Strategy, the Head of Economic and Community Development, the Housing Team Leader – Customer Services, The Democratic Services Team Leader, The Democratic Services Officer. Mrs A Moore, Mrs P Grove-Jones, Mrs L Brettle, Mr B Smith Democratic Services Officer (TGS) 17. APOLOGIES FOR ABSENCE Apologies were received from Mr E Seward, Mr R Shepherd, Mr N Smith and Mr P Terrington 18. SUBSTITUTES Mrs V Uprichard for Mr E Seward and Miss B Palmer for Mr P Terrington 19. PUBLIC QUESTIONS None received 20. ITEMS OF URGENT BUSINESS None received 21. DECLARATIONS OF INTEREST None 22. PETITIONS FROM MEMBERS OF THE PUBLIC None received. Overview and Scrutiny Committee 1 9 22 July 2014 23. CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None received. 24. RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS OR RECOMMENDATIONS None received. 25. HOUSING ASSOCIATION QUESTION AND ANSWER SESSION Before introducing this item, the Chairman explained that Flagship Housing Association were now also not in attendance at the event, after pulling out late the previous evening. He also reminded the committee that Victory had pulled out in the previous week, which meant that Broadland Housing were now the only housing association in attendance. He wished to formally note his disappointment in both Victory and Flagship for their lack of attendance, and hoped they would be available to attend committee in the near future. He also explained that all questions received would be forwarded on to the absent housing associations and they would be asked to provide answers. The Chairman introduced Mr A Savage from Broadland Housing Association and Mr R Gawthorpe from NPS group. The Chairman commented he was interested in finding more out about ‘Passiv’ housing throughout the session. Mr A Savage commented that this was an interesting point, as the approach to housing was developing and changing, and gave the example that housing associations now produce housing all the way through, from the initial stages to the final development, as well as producing a broad spectrum of housing. He explained that housing associations were now also having to consider market needs as well as local needs, and this was having an impact on housing associations’ approach. He also discussed land allocation which, whilst could be used to produce market housing, could not be used for affordable housing which instead had to rely on section 106 agreements. This meant that when considering sites for development, housing associations had to ensure it was deliverable, that there was viable infrastructure either already in place or able to be produced, as well as taking into account the views and viability from the point of view of local authorities and utility companies, and other relevant bodies. In reference to an issue in Fakenham, Mr A Savage explained that whilst housing associations would love to build in the area, there was a large site allocation in the way of this. He explained that much of the land was owned by one land-owner, which created issues; if the land owner did not want development, then it would not go ahead. With reference to the car park on Highfield road, he explained that a site such as that was complicated due to rights of way and public toilet facilities, and could be controversial with local members, which is why in the end Broadland chose not to develop. He further explained that exception sites, such as in Fulmodeston were well received, and were some of the first sites to utilise passiv housing. He went on to discuss issues with local authorities and highways authorities, who created their own sets of obstacles. He explained that there needed to be a more ‘joined-up’ approach with regards to housing provision, and speculated that some groups may not be supportive of housing in small towns and villages, as it would be easier for this area to ‘die’. Overview and Scrutiny Committee 2 10 22 July 2014 With regards to affordable housing, housing associations now had to mitigate further with regards to picking up extra costs. He explained that there were a number of ways to raise this extra revenue, and gave the example of Victory housing who had raised rents on existing properties in order to invest in further affordable housing provision. He spoke that from Broadland housings’ point of view it was more beneficial to produce market housing via a subsidiary to then ‘plug the gap’ in the funding gap for affordable housing. He explained that in terms of percentages, housing associations had gone from being 60% funded by government and 40% funding from themselves and local authorities, to 10% government funding and 90% funding from themselves. He concluded that this issue of funding was the fundamental issue, and would continue to dominate discussions around housing provision into the future. The Chairman then invited members to ask questions. 1. Mr R Reynolds referred back to Mr A Savage’s point regarding the Highfield road site in Fakenham, explaining that he was among the members who had raised objection. He suggested that Mr A Savage have a conversation with NNDC’s Planning Policy and Property Information Manager, as Fakenham was an integral site for housing, yet no single developer would consider taking on such a large site. The Chief Executive commented that Fakenham was being looked at and there was currently a partial application for part of the site. 2. Mrs A Green referred to a brownfield site in the Fakenham area which would be suitable for development yet had received an application from a supermarket. She noted her concern on this matter. 3. Mrs P Grove-Jones referred to Mr A Savage’s point regarding the issues with Highways with regard to providing affordable housing in rural areas, and agreed that money was a large factor in this. Mr A Savage agreed and commented that in towns where there was just one road in and out, it was not feasible for them to extend to such an extent to offset the rural deterioration, even if funding was more viable. With regards to exception sites he commented that they had always been let to local people and anecdotal evidence seemed to suggest they produced lower rent arrears and fitted in well with the local community. 4. Mr A Savage referred to a submitted question regarding service charges, and agreed that they seemed to be an issue. He explained that when Broadland was considering housing production they considered the whole cost of a property and were focussed on reducing the whole overall cost as well as maintaining transparency. He explained design had a large impact on this, and with higher initial costs, they could reduce on-going property costs. He concluded that the common sense approach, which considered the big picture, was the most effective. He explained that as affordable housing rent went up- it could now be charged at up to 80% of market rates- it was important that service charges went down and were taken out of the rental amount, in order to increase rental flow. In passiv housing schemes, he explained that rent arrears were very low as there was such a reduction in utility bills, leaving money left over for rent. The more energy efficient a property was, the less likely there was to be a mortgage default. 5. Mrs B McGoun queried how it was decided what proportion of affordable housing rent could be charged in proportion to private rental values and queried if high private rents in Norfolk put pressure on these figures. Mr A Savage commented that in Norwich in particular private renting figures were high which did generally increase affordable housing figures. In Nnorth Norfolk however he commented that it was hard to provide comparable evidence but every rental went out to valuation to provide a valid figure. Mr A Savage further explained that if they lifted rents on existing stock, this increased risk so banking rates went up, which made the system somewhat cyclical. The Chairman thanked Mr A Savage for his presentation. Overview and Scrutiny Committee 3 11 22 July 2014 26. PASSIV AND SUSTAINABLE HOUSING The Chairman invited Mr R Gawthorpe, Director from NPS group to give a presentation on passiv housing. Mr R Gawthorpe thanked the committee and the Chairman and gave his presentation. He discussed the origins of passiv housing as well as evidence that suggested this housing type reduced rental arrears. He explained that passiv was a ‘system’ which encouraged energy efficiency, addressing mechanical ventilation, high insulation, levels of glazing and air tightness of a property. In terms of energy, passiv housing could be up to 300% more efficient which maintaining affordability. In terms of private developers, Mr R Gawthorpe explained that as they were primarily concerned with profit margins there was an assumption that passiv was unaffordable for the majority of developers. However Mr R Gawthorpe explained that passiv could be the same price as code 3 traditional housing. He also went on to introduce Naturally Passive, which blended passiv housing systems with natural living and traditional values in contemporary design. He also discussed passiv care facilities for the elderly and provision of affordable housing under passiv schemes, concluding that approximately 90% of their work came from the public sector. The Chairman then invited members to ask questions. 1. 2. 3. 4. Ms V Gay discussed issues within the planning system, explaining that there had been a failure to adequately explain the need for more sustainability within housing schemes in the district. She also queried if it would be possible to visit Passiv housing schemes in Fulmodeston. Mr R Gawthorpe discussed the issue and explained that members could be pressured by developers who had certain biases. He explained that via passiv housing schemes, code 4 sustainability was easily deliverable. Mr A Savage added to this, suggesting it was about achieving a balance between sustainability codes and effective passiv housing. He explained that alteration of policy may be a useful way to achieve further sustainability, and suggested that a code which required either a sustainability code or passiv housing may be effective. He also explained the differences between ‘zero carbon’ policies and passiv directives, explaining that zero carbon was a by-product of passiv building but was not the aim; instead, energy efficiency was the end goal. Both concluded that it would depend on how far members at NNDC wished to go. Mrs B McGoun commented that the lack of air circulation in passiv property seemed counter-intuitive to health concerns. Mr R Gawthorpe explained that mechanical ventilation increased air flow and windows that you were unable to open were a common fallacy. He explained passiv housing was adaptable depending upon individual needs. Mrs P Grove-Jones queried why it was only now that passiv housing was becoming more prevalent. Mr R Gawthorpe commented that it was impossible for the government to dictate a certain type of housing for developers to build, but now as conventional builds were not keeping up to sustainable standards and building materials were cheaper, passiv building was become a more realistic possibility. Mr R Reynolds commented that the concept seemed very interesting, and concluded that there seemed to be a need to balance on-going costs with initial build costs. He agreed with comments regarding sustainability and queried what code the Development committee were currently working to. He also queried what the overall costs were for a traditional build versus a passiv build. Mr A Savage commented that £1500/m2 all in could be achieved, however this was dependent on process. He concluded that passiv building could be around 3%- 10% more than traditional builds depending upon these factors. Overview and Scrutiny Committee 4 12 22 July 2014 5. 6. Mrs A Moore queried what kind of noise the mechanical fans produced and whether condensation was an issue. Mr R Gawthorpe replied that it depended on the product quality but generally they were quite quiet, and were adjustable to needs. He also explained that as the air was constantly moving and wood was pre-dried on the timber frame, condensation was not an issue. The Head of Economic and Community Development commented that incentivising a better standard of housing in the district seemed to be key. Mr R Gawthorpe agreed and commented that a joint venture initiative with Broadland District Council was currently underway to increase development output via a mixture of market and affordable housing which may be something NNDC would be interested in considering. Mr R Gawthorpe suggested there needed to be a change in the industry and in thinking in order to encourage higher quality builds. Mr R Reynolds and the Chief Executive clarified regarding the code 3 standard for sustainability; the Chief Executive explained that as part of the incentivisation scheme the code had been relaxed but that the code had not been dropped from policy. 27. UPDATE ON THE HOMELESSNESS STRATEGY AND H OMELESSNESS IN THE DISTRICT The Housing Team Leader – Customer Services introduced the briefing paper. She explained that the key elements were that homelessness applications were relatively low at 90 for 2013/14. She also explained that there had been a higher volume of footfall into the office, and officers were being proactive in preventing homelessness. The main reason for homelessness in the district had been for private rent eviction and the 25-44 age range was the demographic affected the most. In the 65+ bracket homelessness was very low, which was consistent with north Norfolk’s housing stock profile. She then went on to outline a number of successes and key aims for the future. The Chairman then invited members to ask questions. 1. Mrs V Uprichard discussed studio apartments which had previously been owned by Victory Housing Association and commented that these would be ideal for temporary housing for the homeless. The Housing Team Leader - Customer Services commented that she was not aware if Victory still owned these properties but she would look into this and come back to the committee. 2. Mrs P Grove-Jones queried if there were many issues with contrived homelessness in the district. The Housing Team Leader - Customer Services replied that if there were, it was difficult to prove and that officers had to take every case on its merit. If there were intentional elements within the claim, officers would be unable to take this on. 3. Mrs A Claussen-Reynolds commended the team for their excellent work. She queried if there was a large percentage of individuals moving newly into the district who officers had to deal with. The Housing Team Leader - Customer Services replied that this was a very low percentage, and on the rare occasions it happened it was often where it was unsafe to return home. 4. Mr B Smith enquired about an area in his district and the Housing Team Leader Customer Services replied that she would look into this. 5. Ms V Gay commented that the saddest cases of homelessness were incidences of young single individuals. She asked if this was still difficult to deal with. The Housing Team Leader - Customer Services agreed that this was particularly difficult, but explained that they had hostels for the under 25s and could assist financially with those who were sleeping rough. She explained that the aim was to empower these individuals. Mrs P Grove-Jones commented that many individuals may have mental health issues. The Housing Team Leader - Customer Services agreed and Overview and Scrutiny Committee 5 13 22 July 2014 explained that in order to achieve the gold standard in her team they needed to progress on their ‘no second night out’ policy which was somewhat difficult to achieve. 6. Mr J Perry-Warnes thanked the Housing Team Leader - Customer Services and her team for their hard work and her understanding of the complex issues around homelessness. The Chairman thanked members and officers for their comments. 28. HOUSING ALLOCATIONS SCHEME – UDPATE The Housing Team Leader - Strategy introduced this item. She explained that once the scheme had been implemented, it had been agreed to review after a year in place. She explained that they were seven months into the current policy that had been adopted in October 2013, with analysis covering October 2013- May 2014. She explained that the scheme had a two stage process of allocation, in that at stage one, general properties were prioritised for applicants on the Housing Register, and the second stage prioritised through the local allocations agreement households with local connections. In the time of analysis, there had been 248 properties let, of which 48% had been let to those with a local connection. She explained this could be higher, but the statistics did not quantify those from neighbouring parishes when that parish is a town. She also explained that many of the properties fell under stage one, general need, as opposed to under the second stage. She explained that 13 lettings fell under stage two: the local allocations. This excluded properties let using the local allocations agreement on Exception Housing Schemes which are only let using stage two. She concluded that the scheme was starting to deliver in terms of aims and was beneficial in maximising allocations to those with local connections. 1. Mrs B McGoun queried what the turnover was like with these properties. The Housing Team Leader - Strategy explained that under the exception scheme, turnover was much lower as residents were now living where they wished to be, making them less likely to move. With regards to the general housing scheme, of around 6000 affordable dwellings there were around 450 lets per annum. s. 2. Mrs P Grove-Jones queried who owned the properties that were let under the scheme. The Housing Team Leader - Strategy explained that they were owned and let by local housing associations. Mrs P Grove-Jones also queried the level of rents charged. The Housing Team Leader - Strategy explained that whilst it was affordable housing, meaning rent was charged at a maximum of 80% of market rates, this was a slight misnomer as there were always those who needed assistance with payment. She explained that even those in social housing, of which rent could be 55%-60% the value of market housing, often faced issues in terms of meeting rent payments. She referred back to earlier discussions around passiv housing, explaining that it was important to take into account ‘whole life costs’ including energy and utility bills. The meeting concluded at 12.05 pm ____________________ Chairman Overview and Scrutiny Committee 6 14 22 July 2014 North Norfolk District Council Cabinet Work Programme For the Period 01 September 2014 to 31 December 2014 Decision Maker(s) Meeting Date Subject & Summary Cabinet Member(s) Lead Officer Cabinet 08 Sep 2014 Budget Monitoring – period 4 Wyndham Northam Scrutiny 10 Sep 2014 Karen Sly Head of Finance 01263 516243 Cabinet 01 Sep 2014 Performance Management Q1 Tom FitzPatrick Scrutiny 10 Sep 2014 Julie Cooke Head of Organisational Development 01263 516040 Cabinet 08 Sep 2014 Financial Strategy Wyndham Northam Scrutiny 10 Sep 2014 Karen Sly Head of Finance 01263 516243 Cabinet 08 Sep 2014 Appointment to Plumstead Parish Council Tom FitzPatrick Emma Denny Democratic Services Team Leader 01263 516010 Status / additional comments September 2014 Key Decision – a decision which is likely to incur expenditure or savings of £100,000 or more, or affect two or more wards. (NNDC Constitution, p9 s12.2b) * Schedule 12A of the Local Government Act 1972 (As amended by the Local Authorities (Access to Information) (Exempt Information) (England) Order 2006) 15 North Norfolk District Council Cabinet Work Programme For the Period 01 September 2014 to 31 December 2014 Decision Maker(s) Meeting Date Subject & Summary Cabinet Member(s) Lead Officer Cabinet 06 Oct 2014 Growth Strategy Russell Wright Scrutiny 15 Oct 2014 Council 22 Oct 2014 Jill Fisher Head of Economic & Community Development 01263 516080 Cabinet 06 Oct 2014 Energy Strategy Russell Wright Scrutiny 15 Oct 2014 Steve Blatch Corporate Director 01263 516232 Cabinet 06 Oct 2014 Business Rates Pooling Review Wyndham Northam Scrutiny 15 Oct 2014 Karen Sly Head of Finance 01263 516243 Cabinet 06 Oct 2014 Sheringham TIC Glyn Williams Rhodri Oliver Nick Baker Corporate Director 01263 516221 Cabinet 06 Oct 2014 Internal Audit Contract Wyndham Northam Karen Sly Head of Finance 01263 516 Status / additional comments October 2014 Key Decision – a decision which is likely to incur expenditure or savings of £100,000 or more, or affect two or more wards. (NNDC Constitution, p9 s12.2b) * Schedule 12A of the Local Government Act 1972 (As amended by the Local Authorities (Access to Information) (Exempt Information) (England) Order 2006) 16 North Norfolk District Council Cabinet Work Programme For the Period 01 September 2014 to 31 December 2014 Decision Maker(s) Meeting Date Subject & Summary Cabinet Member(s) Lead Officer Status / additional comments Cabinet 3 Nov 2014 Property Investment Strategy Wyndham Northam Sheila Oxtoby Chief Executive 01263 516000 To Council first for input Cabinet 3 Nov 2014 Budget Monitoring Period 6 Wyndham Northam Scrutiny 12 Nov 2014 Karen Sly Head of Finance 01263 516243 Cabinet 3 Nov 2014 Wyndham Northam Scrutiny 12 Nov 2014 Treasury Management Half Yearly report Tony Brown Technical Accountant 01263 516126 Housing Incentives Scheme – update & review Rhodri Oliver Mark Ashwell Planning Policy & Property Info Manager 01263 516325 November 2014 December 2014 Cabinet 01 Dec 2014 Scrutiny 10 Dec 2014 Council 17 Dec 2014 Key Decision – a decision which is likely to incur expenditure or savings of £100,000 or more, or affect two or more wards. (NNDC Constitution, p9 s12.2b) * Schedule 12A of the Local Government Act 1972 (As amended by the Local Authorities (Access to Information) (Exempt Information) (England) Order 2006) 17 Overview and Scrutiny Committee 10 September 2014 Agenda Item. 16 OVERVIEW AND SCRUTINY UPDATE Work Programme at Appendix A 1. Introduction The Scrutiny Update report is a standing item on all Overview and Scrutiny Committee agendas. The report updates Members on progress made with topics on its agreed work programme and provides additional information which Members may have requested at a previous meeting. 2. Progress on topics since the last meeting 2.1 Empty Properties update At the Housing Scrutiny Committee meeting on 22 July, Members asked Victory Housing Trust to provide an update on some empty properties within their stock. Lisa Grice, Team Leader, Customer Services, has received the following response: ‘There have been two recent vacancies at Vicarage Street, North Walsham. One has been re-let and the other is being signed up to shortly. 4 Munhaven Close, Mundesley is currently void and has been refused 10 times’ Christine Candish, Head of Housing, VHT 3. The Work Programme and Future Topics 3.1 Maureen Orr, Norfolk Health Overview & Scrutiny Committee, will be attending on 15 October to provide members with an update on mental health issues across the County. 3.2 Community Remedy – a press release seeking public views on how the police deal with anti-social behavior was circulated via the Members’ Bulletin. Due to the summer recess, the Committee was not able to respond formally to the proposals. Perhaps this is a topic that you would like to consider as part of the work programme – possibly as a specific item to discuss with the Police and Crime Commissioner, Stephen Bett. 18 Appendix A OVERVIEW AND SCRUTINY COMMITTEE WORK PROGRAMME 2014/2015 Period September 2014 – December 2014 September Presentation on North Walsham and the Dilham Canal Budget Monitoring Period 4 Russell Wright Ivan Cane, Canal Trust Archivist Wyndham Northam Karen Sly Managing Performance Q1 Tom FitzPatrick Helen Thomas Cyclical Financial Strategy Wyndham Northam Karen Sly Cyclical Energy Strategy Tom FitzPatrick Steve Blatch Russell Wright Rob Young Russell Wright Lucy Downing (North Norfolk Brand Manager, Visit North Norfolk) Bruce Hanson (Broads Authority) John Lee Sonia Shuter John Lee Maureen Orr (Norfolk County Council HOSC Administrator) Angie-Fitch Tillett Nick Baker Council Decision October Growth Strategy Tourism- wider district agenda and information from the Broads Authority Health Update Mental Health Update Regulation of Investigatory Powers Act- Policy 19 Cyclical Council Decision Requested by the committee Cyclical Requested by the committee Annual Moved to allow time for inspection and collating the report Overview and Scrutiny – Annual Report Benjie Cabbell Manners Emma Denny Annual Budget Monitoring Period 6 Wyndham Northam Karen Sly Wyndham Northam Tony Brown Glyn Williams Karl Read Cyclical Benjie Cabbell Manners Emma Denny Rhodri Oliver Nicola Turner Angie Fitch-Tillett Steve Hems James Wilson Requested by committee and senior officers Annual report requested by the committee Requested by the committee Tom FitzPatrick Helen Thomas Quarterly Cyclical Citizens Advice Bureau TBC Requested by the committee Enforcement Board Update Rhodri Oliver Nick Baker 6 monthly cyclical Customer Service Update Glyn Williams November Treasury Management Half Yearly Report Leisure Services – an overview of the leisure services across the District – to include costings, input by stakeholders, profit etc. Also figures on running of Pier Theatre and Openwide contract Profile of those using leisure centres Outside Bodies Report Housing Allocations SchemeMonitoring Report Environmental Health- update following restructure including provision of service, impact of inspections on voluntary groups, and the role of environmental health in the tourist industry. Managing Performance Q2 December TBC 20 Cyclical Requested by the committee Nick Baker Customer Access Strategy Glyn Williams Nick Baker Annual Planning Restructure Update Benjie Cabbell Manners Nicola Baker Requested by the committee for update 6 months following July report 21