Please contact: Emma Denny
Please email: emma.denny@north-norfolk.gov.uk Please direct dial on: 01263 516010
Committee Administrator: Alison Argent: alison.argent@north-norfolk.gov.uk
8 January 2013
A meeting of the Overview and Scrutiny Committee of North Norfolk District Council will be held
in the Council Chamber at the Council Offices, Holt Road, Cromer on Wednesday 16 January
2013 at 9.30a.m.
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. Coffee will be available in the staff restaurant at 9.30 a.m.
and at the break.
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
516047, Email: democraticservices@north-norfolk.gov.uk
Sheila Oxtoby
Chief Executive
To: Mrs A Claussen-Reynolds, Ms V R Gay, Mrs A Green, Mr B Jarvis, Mr P Moore, Mr J H PerryWarnes, Mr R Reynolds, Mr E Seward, Mr B Smith, Mr N Smith, Mr R 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 – 9.40)
To approve as correct records, the minutes of the meeting of the Overview and Scrutiny
Committee held on 18 December 2012.
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 FORWARD PLAN AND DEMOCRATIC SERVICES WORK PROGRAMME
(Page 9)
To discuss the Forward Plan and to consider the programme of business for Cabinet,
Overview and Scrutiny, Audit and Full Council.
11.
COUNCIL TAX SUPPORT SCHEME 2013/14
(Cabinet agenda – 7 January 2013)
(Appendix A – p.21) (Appendix B –electronic only) (Appendix C – p. 24)
(Appendix C2 – p.30)
(*Amended report – page 14)
(*Amended Appendix A – page 20)
*Please note that the report and appendix A appended to this agenda have been amended
following discussion at the Cabinet meeting held on 7 January 2013.
(9.40 – 10.00)
Please note that Appendix B is very large – printed copies are available on request from
Democratic Services
Summary:
Conclusions:
On the 1st November the Local Government Finance Bill
received Royal Assent. The Act includes a requirement for each
billing authority in England to develop its own Local Council Tax
Support Scheme which must be agreed by full Council before
31st January 2013 for implementation on 1 April 2013.
That the Council adopt a Local Council Tax Support Scheme
that meets the criteria for the transitional funding that was
announced in October 2012.The scheme would enable a
maximum award of 91.5% of a person’s council tax liability for
those people currently in receipt of 100% Council Tax Benefit.
Recommendations: Cabinet recommend to Full Council the Local Council Tax
Support as set out in this report (option 3).
Reasons for
Recommendations:
Legislation requires a Council Tax Support Scheme to be agreed
by full Council by the 31 January 2013 prior to implementation of
the scheme on 1 April 2013.
LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW
(Papers relied on to write the report, which do not contain exempt information and which are not published
elsewhere)
Cabinet Report 16 July 2012
Local Government Finance Act
Localising Support for Council Tax – Transitional grant scheme
https://www.gov.uk/government/publications/localising-support-for-counciltax-transitional-grant-scheme
Cabinet Member(s)
Wards affected:
Contact Officer,
Telephone no & email:
Cllr W Northam
All
Louise Wolsey
01263 516081,
louise.wolsey@north-norfolk.gov.uk
12.
DETERMINATION OF COUNCIL TAX DISCOUNTS AND LEVEL OF CHARGES FOR
2013/14
(Cabinet agenda – 7 January 2013)
(page 31)
(Appendix D – p.37)
(10.00 – 10.20)
Summary:
The Local Government Finance Act 2012 includes a
number of reforms in relation to council tax exemptions,
discounts and the introduction of the empty property
premium. The reforms give councils new flexibilities to
vary council tax on second homes and empty dwellings
which offer the opportunity to raise additional revenue as
well as encouraging empty properties to be brought back
into use. This report recommends changes to discount
levels and the adoption of an empty property premium to
take advantage of the new areas of discretion and
recommends all discounts that will apply for 2013/14.
Options considered:
The determinations and decisions set out in this paper
come into effect on 1 April 2013 for the financial year 1
April 2013 to 31 March 2014. They are made by the
Council under sections 11, 11A, 11B, and of the Local
Government Finance Act 1992 and other enabling
powers. References to the Local Government Finance
Act 1992 include references to Regulations made under
that Act.
Conclusions:
The Council Tax reforms as included within the Local
Government Finance Act 2012 provide greater flexibility
for Local Authorities to set levels of discounts on second
homes and empty dwellings to generate both revenue
streams and incentives to bring empty properties back
into use. The Council has to approve its determinations
for each financial year. The calculation of the tax base
for 2013/14 will be made on the assumption that the
determinations recommended below will apply.
Recommendations:
1
(i)
(ii)
That Cabinet recommend that Council Resolve that
under section 11A of the Local Government Finance
Act 1992, and in accordance with the provisions of
the Local Government Finance Act 2012 and other
enabling powers that:
the council tax discount for dwellings defined
as being within Class ‘A’ remains at 50% for
the year 2013/14 (report para.3.4);
the council tax discount for dwellings
defined as being within Class ‘B’ be reduced
to 5% for the year 2013/14 with the
exceptions of (report para. 3.4):
(a)
(b)
those dwellings described or geographically
defined at Appendix D which in the
reasonable opinion of the Head of Finance
are judged not to be structurally capable of
occupation all year round and were built
before the restrictions of seasonal usage
were introduced by the Town and Country
Planning Act 1947, will retain the 50%
discount.
iii)
The council tax discount for dwellings
defined as being within Class ‘C’ to be set at
100% for three months for the year 2013/14
(report para. 3.3)
(iv)
The council tax discount for Class D
properties to act as an incentive to bring
them back into use is recommended to be a
discount of 50% for a maximum of 12 months
(report para.3.2)
2
That Cabinet recommend that Council Resolve that
under section 11B(2) of the Local Government
Finance Act 1992, and in accordance with the
provisions of the Local Government Finance Act
2012 and other enabling powers that:
(i)
A premium is charged for properties which have
been empty and substantially unfurnished for two
years or more of 50% of the council tax payable in
relation to that home.
3
Reasons for
Recommendations:
Cabinet Member(s)
Wards affected:
Contact Officer,
Telephone no & email:
those dwellings that are specifically
identified under regulation 6 of the Council
Tax
(Prescribed
Classes
of
Dwellings)(England) Regulations 2003, which
will retain the 50% discount; and
In accordance with the relevant legislation
these determinations shall be published in at least
one newspaper circulating in North Norfolk before
the end of the period of 21 days beginning with the
date of the determinations.
To recommend for approval the Council Tax discount
and premium determinations to come into effect from 1
April 2013. To raise additional council tax revenue and to
encourage properties to be brought back into use.
Cllr W Northam
All
Karen Sly
01263 516243 Karen.sly@north-norfolk.gov.uk
NB: ITEMS 13 AND 14 TO BE CONSIDERED TOGETHER
(10.20 – 11.00)
13.
DEVELOPMENT MANAGEMENT – INTRODUCTION OF FEES FOR PRE-APPLICATION
ADVICE AND ‘DO I NEED PLANNING PERMISSION?’ ENQUIRIES
(Page 21)
(Appendix B – page 22)
This report provides the opportunity to review the situation following the introduction of fees
for certain pre-application services in May 2012.
14.
DEVELOPMENT MANAGEMENT PERFORMANCE UPDATE
(Page 23)
(Appendix C – page 24) (Appendix D – page 25)
This report provides the opportunity for Members to discuss planning performance in the
light of the changed circumstances since the matter was last considered in November 2011.
15.
WASTE CONTRACT
(11.15 – 11.35)
A brief written update covering: household collections; recycling rates; street cleansing; and
toilet cleaning and maintenance will be circulated to Members shortly. Barry Brandford,
who oversees the Waste Contract, will be attending the meeting to answer Members’
questions.
16.
UPDATE REPORT REVENUES AND BENEFITS PARTNERSHIP
(Page 29)
(Appendix E – page 33) (Appendix F – page 34)
(11.35 – 11.55)
Summary:
This report provides the Committee with an update on
the Revenues & Benefits Partnership between North
Norfolk District Council (NNDC) and the Borough
Council of Kings Lynn and West Norfolk (BCKLWN).
Conclusions:
The report identifies the key areas of work that the
Partnership will be focused on over the next six months.
Recommendations: That members accept this report
Cabinet Member(s)
Ward(s) affected
Cllr W Northam
All
Contact Officer, telephone number and email:
Louise Wolsey 01263516081 Louise.wolsey@north-norfolk.gov.uk
17.
OVERVIEW AND SCRUTINY UPDATE
Summary:
(Page 35)
(Appendix G – page 37) (Appendix H – page 40) (Appendix I – page 41)
(11.55 – 12.05)
This report updates the Committee on progress with
topics in its agreed work programme (attached at
Appendix G) and invites Members to identify any
arising items for future meetings. The Scrutiny
Committee’s working style and role is attached at
Appendix H.
Conclusions:
That progress is being made in some areas, others
need to be monitored and opportunities for scrutiny
should be discussed.
Recommendations: That Members should consider any follow-up
actions required on these topics.
Cabinet Member(s):
Ward(s) affected
Contact Officer
telephone number
and email:
18.
Mr T FitzPatrick
All
Emma Denny
01263 516010
emma.denny@north-norfolk.gov.uk
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.”
19.
TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE
PUBLIC BUSINESS OF THE AGENDA