Please contact: Tessa Gilder-Smith Please email: Tessa.Gilder-Smith@north-norfolk.gov.uk Please direct dial on: 01263 516047 08 July 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 16th July 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 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 20 May 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 11) (9.35 – 9.40) To note the upcoming Cabinet Work Programme 11. BETTER BROADBAND FOR NORFOLK - PRESENTATION (9.40 – 10.10) To receive a presentation from Karen O‟Kane, BBfN (Better Broadband for Norfolk) Programme Director, regarding broadband coverage in the district. 12. WASTE UPDATE (10.10-10.30) (Appendix A – p. 14) To receive a verbal update from the Corporate Director (NB) regarding Dry Recyclables and a written update on the Waste Contract at Appendix A. 13. PLANNING SERVICE – OVERVIEW AND FUTURE (Page 16) (10.30-10.50) (Appendix B – p.22) (Appendix C – p. 23) Summary: This report provides a general update in relation to the work streams and the performance of the service over the past year. The Planning Service is important to the Council growth agenda, and therefore it is important that the service is fit for purpose moving forward. Conclusions: Following the appointment of Nicola Baker as Head of Planning, a range of actions have been put in place. Whilst these are beginning to show results, this is very much work in progress. Recommendations: Scrutiny Committee is recommended to: 1. Note the contents of this report Reasons for Recommendations: Cabinet Member(s) Cllr Benji Cabell-Manners This report is for noting in terms of the progress made to date, and actions planned. Ward(s) affected All Contact Officer, telephone number and email: Nicola Baker, Nicola.baker@northnorfolk.gov.uk, 01263 516135 14. UPDATE ON THE BUSINESS TRANSFORMATION PROJECT (To follow) (10.50-11.05) To receive an update from the Head of Business Transformation and IT regarding the Business Transformation project at the authority. 15. COMMUNITY ENGAGEMENT RIGHTS – A GOVERNMENT CONSULTATION (Page 26) (11.05- 11.25) (Appendix D – p. 32) Summary: The report provides an overview and update on the Council‟s approach to Community Rights to Bid and Challenge including Right to Build and Reclaim Land as approved by Cabinet in April 2013. Current activity in Community Rights is detailed and the role the Council adopts to enable interest in the overall Localism Agenda. The issues highlighted within the consultation paper „Community engagement rights‟ issued by Communities and Local Government Committee are considered along with the extent to which the Council can contribute to any consultation response. Conclusions: The Council has provided relevant information and set up procedures that were necessary to enable opportunities for the community to engage under the Governments Localism agenda. The information contained and publicised on the Council‟s website addresses the opportunities available under the main Community Rights initiative, including the Community Right to Bid, Challenge, Build and Reclaim Land. Community groups that may be interested in furthering their aims are also signposted to the Government funded “My Communities Rights” website. This website offers the first line of advice for communities to engage in the Localism Agenda. The site provides further information about the support offered via specific advice and funding that is offered through the main intermediary national organisations. In respect of the consultation paper „Community engagement rights‟ issued by Communities and Local Government Committee the Council can demonstrate evidence of communities pursing opportunities and examples of how they have achieved positive outcomes. However it is not possible to comment regarding any perceived barriers or what might be preventing communities exploring these Rights in more detail as there is currently no evidence on which to base this. Recommendations: Members of the Overview and Scrutiny are asked to note the position that the Council has adopted in respect of the Community Rights Initiatives and provide further guidance in respect of any consultation response that may be considered necessary. Contact Officer, telephone number and email: John Mullen (Community Projects Manager), 01263 516104, john.mullen@northnorfolk.gov.uk 16. OVERVIEW AND SCRUTINY UPDATE (Page 33) (11.25 – 11.30) (Appendix E – p.34) To receive the Overview and Scrutiny Update from the Democratic Services Team Leader. 19. 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.” 20. 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 18 June 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 Mrs B McGoun Mr J H Perry-Warnes Mr R Reynolds Mr E Seward Mr R Shepherd Mr N Smith Mr P Terrington Officers in Attendance: The Chief Executive, The Head of Finance, The Head of Assets and Leisure, The Property Business Manager, The Revenues Manager, The Housing Team Leader – Strategy, The Technical Accountant, The Democratic Services Team Leader, The Democratic Services Officer. Members in Attendance: Mr T FitzPatrick, Mr P Williams, Mrs A Moore, Mrs P Grove-Jones, Mr P W High Democratic Services Officer (TGS) 177. APOLOGIES FOR ABSENCE None received 178. SUBSTITUTES None 179. PUBLIC QUESTIONS None received 180. MINUTES The minutes were approved as a correct record and signed by the Chairman. 181. ITEMS OF URGENT BUSINESS None received 182. DECLARATIONS OF INTEREST Overview and Scrutiny Committee 1 18 June 2014 None 183. PETITIONS FROM MEMBERS OF THE PUBLIC None received. 184. CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None received. 185. RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS OR RECOMMENDATIONS None received. 186. THE CABINET WORK PROGRAMME The Committee noted the work programme and its content. 187. POLICE AND CRIME COMMISSIONER – QUESTION AND ANSWER SESSION Mr S Bett, the Police and Crime Commissioner, gave a brief outline of the work he had been doing since his last attendance at committee, including the following: a) A major programme of work around mental health, including the placement of a senior mental health nurse within the control room which was working particularly effectively. He explained that nursing staff had extended powers around data and patient information that the police could not access, so it created significant efficiencies in police time. b) He explained that the plan to go into shared partnership with Suffolk had been pulled and the announcement for new plans would be made on the 4th July. He explained that in his tenure, the police authority had made a massive saving but also significantly improved productivity. c) He also discussed an ex-offenders employee event, the first of which had been held recently. He explained that the programme aimed to get ex-offenders into work, to sort out housing, and issues such as bank accounts, as if ex-offenders got employment following leaving prison, 70% did not re-enter the system. d) He further discussed training for GP surgeries around recognising the early signs of domestic violence, explaining that within 18 months all GP surgeries would have received 1 hour training from Leeway, with further NHS training if necessary. e) Mr S Bett also discussed the £182,000 which had been made available for community groups to bid for, with the bids analysed by the Norfolk Community Foundation for allocation up to £10,000. He explained that the police authority were looking for bids which could be sustained throughout his tenure as PCC and were doing good work for their communities. He further explained the bidding process for the next year’s funding would reopen in September. Mr S Bett finalised his brief presentation by explaining that he saw his role as a position to encourage co-ordination between different public sector groups, empowering them through funding and providing resources to work together effectively. The Chairman then invited members to ask questions. Mr S Bett then responded to written questions which were received from members, detailed at Minutes Appendix A. Overview and Scrutiny Committee 2 18 June 2014 1) Mr S Bett responded to the four written questions received from Mrs B McGoun. With regards to the first question, he explained that in Norfolk the police had received 13 reports of forced marriage allegations, with 11 of these being potential forced marriage plots, and 2 being actual activities, investigated by the police authority. He explained that the statistics did not provide the best picture as they weren’t necessarily the only instances in Norfolk. He explained that he believed more reports would be received as time went on and people got more confident reporting it. With regards to the second question, he explained that this information was not publically available, however nationally it was believed that 24,000 young women were at risk of female genital mutilation. He explained that whilst he could provide no accurate figures for the county, they were certainly not immune to issues of this magnitude and the police authority would keep abreast of the issue. With regards to the third question, Mr S Bett explained that anywhere between 45-75 calls in a 24 hour period were received by Norfolk police regarding domestic abuse. He explained that numbers of reported cases of sexual abuse and domestic violence were increasing in the county, and the issue was coming to need significant extra resource. With regards to the fourth question, Mr S Bett replied that the Norfolk constabulary had a policy and responsibility to protect vulnerable people in Norfolk. Mrs B McGoun commented on Mr S Bett’s replies, stating that whilst it did not always lead to polite conversation, it was important that victims of domestic and sexual abuse were recognised and stood up for. She argued that it was important for men in the public eye to speak out on behalf of victims to ensure people are talking about the issue and recognise that it is unacceptable. She concluded that only this change in attitude would help stop the silence. Mr S Bett agreed, commenting that he believed the silence to be somewhat of a cultural trait. He also explained that there was important work happening with young people to break this culture of normalcy of abuse and to make them aware of the prevalence of abuse in our society. Mrs B McGoun agreed that this was vital work, and that it was an issue that people had to talk about. The Chairman enquired as to who it was that Mr S Bett worked with who was best to contact regarding this. Mr S Bett replied that Ian Sturgess was the co-ordinator for domestic violence in Norfolk, and he had previously been Chief Superintendent at Great Yarmouth. Mrs A Claussen-Reynolds wished to point out that men could also be victims of domestic abuse and that they should be mentioned in this discussion. Mr S Bett agreed and commented that they were looking to pilot an integrated offender programme for women in the county soon. 2) Mr S Bett then went on to respond to the received questions from Mr P Williams, as detailed in Minutes Appendix A. With regards to the first question, Mr S Bett explained that Mr P Williams had liaised with Alison Campbell on his staff to encourage testing of Meares Irlen syndrome for offenders and ex-offenders, and that they were also working on introducing testing for young people through the youth offenders team. With regards to the second question from Mr P Williams, he explained that staffing cover in the Norfolk area was not a PCC decision, but that cover would consider where there were risks and threats on the policing front, and he would have the power to scrutinise the decision. 3) Mr S Bett then moved on to consider the two questions received from Mr E Seward as detailed in Minutes Appendix A. With regards to the first question regarding the future of North Walsham police station, he explained that this was also an operational decision but that the station would probably remain and be made more up to date and slightly smaller, with the potential for other public services to rent on site. With regards to the second question which discussed financial help for towns providing CCTV service, Mr S Bett explained that they could not afford to provide support for any individual town as this would set an unaffordable precedent. He Overview and Scrutiny Committee 3 18 June 2014 encouraged communities in this situation to consider making a bid to his community fund which the Norfolk Community Foundation would consider. 4) Mr S Bett then responded to the written question received from Mr R Shepherd as detailed in the appendix. He explained that during the storm surge there was a necessity to use whatever staff were available during the emergency period. Mr S Bett explained that this was the first he had heard of individuals being unsure of their brief, however it may be necessary to investigate this further. Mr R Shepherd replied that Operation Seawitch, which had been brought in to deal with such circumstance, had not been used to its full advantage and was created exactly for this type of circumstance. He believed that this policy needed to be updated and expanded for future situations. Mr S Bett agreed and stated he would look into this. Mr S Bett thanked members for their questions and stated he was happy for the committee and other members to attend their control room to see how the team worked, and that this could be organised through his team. He also commented that should members have any questions in the meantime, that these could be communicated to Kerrie Wright through NNDC’s Democratic Services team. The Chairman thanked Mr S Bett for his time and valuable information. 188. OUTTURN REPORT The Chairman had received an email from the portfolio holder for finance detailing his apologies and providing a brief outline of the report, which stated that the Outturn report showed the authority had lived within its budget, with an underspend of £119,000. The Cabinet had recommended this be transferred to the General Reserve to mitigate unfunded costs of the December tidal surge. The Head of Finance then gave a further outline of the report. The Chairman then invited members to ask questions. 1) Mr E Seward asked three questions regarding the Outturn report. He referred to page 8 of the Cabinet report, under section 2.4: Business Rates, querying why a Business Rates reserve fund had been established. The Head of Finance replied that as this was the first year of the new system, they were waiting for the audit of the National Non Domestic Rates Return 3 as part of the annual audit, as well as bearing in mind the appeals process for business rates, meaning it was necessary to remain prudent with their returns. She explained that when the financial strategy was brought before members in September, they would have further opportunity for input and potential review of the current situation. Mr E Seward’s second question referred to page 14, section 3.8 of the Cabinet report, regarding External Grants. He asked if there was any update on the outstanding Environment Agency funding. The Head of Finance replied that there was no outcome yet, and the Leader added that they expected an outcome shortly but the indications were positive. Mr E Seward’s third question referred to page 20 of the Cabinet report, under table 7 which detailed the current funding forecast. He queried what the factors were in producing a £1,327,000 funding gap in 2016/17. The Head of Finance replied that there were a number of factors, including inflation on their current contracts as well as a reduction in central government funding which informed the future financial projections and resulting forecast funding gaps. 2) Ms V Gay referred to page 59 onwards of the Cabinet report, which referred to the General Fund Capital Programme. She first queried why there was little in the fund for public conveniences. The Head of Finance replied that there each year new capital bids were invited from officers and these were considered as part of the overall budget process for approval, no new capital bids were included for public conveniences. . Ms V Gay’s second question also referred to the capital programme, in which she queried why a number of North Walsham projects, including the innovation centre, the North Walsham Regeneration Scheme, and Steelwork Overview and Scrutiny Committee 4 18 June 2014 Protection to Victory Pool, had yet to be put into action. The Leader replied to a number of these, responding that the Innovation Centre was currently being considered, particularly with regards to the effectiveness of the current proposal, and that with regards to the steelwork protection, it may be that the works were currently unnecessary. The Head of Finance also commented that the updated capital programme would also be covered in the financial strategy report to members in September. The Leader further commented that it may be useful not to think in terms of specific towns or areas, but rather to consider them as wholly district assets. Ms V Gay commented that it was useful information to have as local members. 3) Mr P Williams referred to a question he had asked in a previous meeting of the Full Council, regarding the percentage of people who had requested rate relief but were not paying Business Rates. The Head of Finance replied that if a business was not registered for Business Rates, they would not be eligible for rate relief. Mr P Williams replied that he was made aware that a number of unregistered businesses had applied for and were supplied with relief. The Chairman commented that it may be useful for Mr P Williams to provide this information outside of the meeting in order for the finance team to investigate this issue further. The Head of Finance confirmed that business repair and renewal grants would not be approved for properties that are not registered for business rates. 4) Mrs A Moore referred to page 24 of the Cabinet report, noting her concern for the loss of income on markets. The Chief Accountant commented that page 23 detailed the actual budget variances, and markets currently had a budgetary overspend of £1200. Mrs A Moore queried why the markets were not currently profitable. The Leader replied that it was important for the authority to support local markets. The Chairman further commented that whilst they may not be profitable, they were a useful community asset. 5) The Chairman commented that an update on repairs to glue-lams in the council offices would also be useful for the committee. It was proposed by Mrs A Claussen-Reynolds, seconded by Mrs A Green, and the committee RESOLVED To recommend to Full Council the approval the Outturn Report 2013/14 189. DEBT RECOVERY ANNUAL REPORT The Portfolio Holder had provided information to the committee via the Chairman. Through this he explained that the authority had collected 98.5% of council tax, which was an increase of 0.2%. He also explained that they had collected 99.2% of Business Rates, which was also an increase of 0.2%. There was also an increase in write offs in Business Rates, partly due to bankruptcy and liquidation cases. The Revenues Manager further introduced this report on behalf of the Revenues and Benefits Services Manager, explaining debt collection was on-going, and since the writing of the report, a further £250,000 council tax had been collected. The Chairman then invited members to ask questions. 1) Mr E Seward queried if he could be provided with the figure of extra income following the 150% council tax levy on empty homes. The Revenues Manager replied that he would supply this to Mr E Seward. (Note - this information was later collated and is as follows: As of 31 March 2014 there were 165 levy properties (charged 150%). The districts share of income from these for a Overview and Scrutiny Committee 5 18 June 2014 full year would be approximately £9,640. These numbers will fluctuate as properties move in and out of the levy charge period throughout the year.) It was proposed by Mr R Reynolds, seconded by Mr J Perry-Warnes, and the committee RESOLVED To recommend to Full Council the approval of the Debt Recovery Annual Report 190. TREASURY MANAGEMENT ANNUAL REPORT The Portfolio Holder had provided an introduction of the report via the Chairman. He explained that £355,000 investment interest had been earned, which was £32,000 below budget. This did include the return of £255,000 on the pooled property fund investment. He explained that the investment portfolio remained focussed on security and liquidity, rather than the rate of interest. The Technical Accountant added to this introduction, explaining that this was a statutory annual report and in the last year, overall they had earned a 1.53% return on their investments. He explained that the authority were not currently investing with the co-op, and were in the process of tendering for a new bank, which should be finalised on the 1st August. The Chairman invited members to ask questions. 1) Mrs P Grove-Jones queried why they were not tendering to investment or merchant banks for their replacement bank. The Technical Accountant explained it was an open tender process however investment and merchant banks were unlikely to show interest as it was a joint Norfolk tender. A number of banks had shown an interest. 2) Mr P Terrington queried if the recently approved Local Investment Strategy would affect treasury investments. The Technical Accountant replied that they would effectively have to reduce some of their treasury investments to allow for the Local Investment Strategy. The Chairman thanked members and the committee NOTED Their support for the Treasury Management Annual Report 191. ANNUAL REPORT The Leader introduced this report. He explained that the Annual Report showed significant progress against the Corporate Plan and that this year’s report presented the new method of delivery with colours and graphics against specific corporate priorities. It was proposed by Mr N Smith, seconded by Mrs A Green and RESOLVED To recommend approval of the Annual Report to Full Council, with two abstentions 192. CAR PARKING MANAGEMENT AND PRICING The Leader introduced this item on behalf of the portfolio holder. He explained that the report had been requested by the Cabinet and included various proposals within the report, including expanding the usage of the £5 day ticket, and removing the evening charge. There was also a proposal to create a period of free parking in the morning, Overview and Scrutiny Committee 6 18 June 2014 however this was still under discussion. One proposal included the creation of designated free half hour bays in a range of car parks. The original proposal had been to create half an hour of free parking between 9.00-9.30am, but this was deemed to be difficult to administer and sign effectively. He concluded that the budgetary element would be taken to Full Council, with the remainder of the budget impact being covered in the 2015/16 budget. The Chairman invited members to ask questions. 1) Mr E Seward welcomed the removal of the evening charge, particularly in North Walsham, which would benefit from increased town centre trade. With regards to the free morning parking, he suggested the initial proposal as detailed in the report had been confusing, however he welcomed the Leader’s comments regarding further consultation and consideration and the potential for some free parking bays, which he believed to be a positive step. He requested that the committee receive a further report regarding the final agreement regarding the morning charges. 2) Mr P Terrington also gave his support for the proposed changes, and hoped to see further options that would improve Wells’ currently limited options. 3) Mr P Williams queried if the 30 minute bays would be expensive to police. He suggested that the Cabinet pursue a policy similar to that of a local hospital, wherein your ticket allocated you 20 minutes of free parking. 4) Mr R Reynolds further gave his support for the project, suggesting it would encourage local shopping and evening functions. 5) Mrs A Claussen-Reynolds commented that it would benefit Fakenham and provide it with further opportunities for rejuvenation. 6) The Leader responded to a number of comments, explaining there had indeed been a relatively large number of penalty notices awarded in the evening, which could be explained by confusion over the tariff changes from day time to evening parking. He hoped the new policy would resolve this. With regards to the morning free parking, he explained the ideal period for free parking would be between 9.00-10.00am, however programming the machines was complex for ‘integrated’ periods of free parking and could be difficult to sign and enforce effectively. He added other authorities were successfully offering free half hour bays and they would be investigating all the options. He explained that this was still a work in progress and that it could be reported back to the committee. 7) Mrs P Grove-Jones queried how the authority planned to recoup the budgetary shortfall following financial losses from the removal of the evening charge. The Leader replied that there was a potential budgetary shortfall of £87,000 on pay and display income and this was not inconsiderable. However, he believed that car parking in particular was a service and provided a benefit to the local economy. Mrs P Grove-Jones queried if on-street parking could be a further income source. The Chairman commented that he believed the County Council controlled the policing of on street parking. The Property Business Manager reiterated this, explaining that on street parking was controlled by the Norfolk Parking Partnership, with Kings Lynn and West Norfolk providing enforcement services for the partnership. She further explained that fines were set by statute and could not be arbitrarily raised or lowered, but that any funds received were then used to fund further on street parking reviews and improvements. The Leader concluded by saying there was a hope for all changes to be in place by the end of September. The Chairman thanked members for their comments and the committee NOTED The report Overview and Scrutiny Committee 7 18 June 2014 193. LOCAL INVESTMENT STRATEGY – REQUEST FOR LOAN FROM BROADLAND HOUSING ASSOCIATION The Housing Team Leader- Strategy introduced this report. She explained this was the final approval for allocation of the loan following the report which had been received by the committee in September, which had approved the principle of providing loans. She explained that the advertising of the availability of the loan had received 3 initial responses, 2 of which had expressed an interest but were ultimately unable to apply. The third was an application from Broadland Housing Association for the full amount of £3.5 million, £750,000 of which would be loaned to a subsidiary of Broadland Housing, Broadland St Benedicts over a three year period. This loan to the subsidiary would allow Broadland St Benedicts to build market housing which would then provide the extra funding needed on top of the loan for Broadland Housing Association to build affordable housing. The request for loan had been considered in accordance with all relevant provisions and had met the requirements. Further to this, the authority’s treasury advisors, Arlingclose, had considered the request for loan and provided a number of recommendations which had been taken on board, including providing security for the loan. The Chairman then invited members to ask questions. 1) Mrs A Green queried when the loan would be repaid and what the rate of interest would be. The Housing Team Leader – Strategy replied that the loan would be repaid over the period of the loanand the rate of interest would be a market rate, indicative rates are shown within the exempt appendices of the report. She further explained that based on the indicative rates the council could expect up to £30,000 per annum extra return on their investments via the loan interest than they would get through their usual treasury programme. The Leader further commented that the loan also used to be grants; so they would be creating a return where elsewhere they had not had the funding back at all. 2) Mr N Smith referred to a separate report which had been on the Cabinet agenda, querying why it was not on the Overview and Scrutiny agenda. The Democratic Services Team Leader explained that the report that Mr N Smith referred to, the Disposal of Council Land, was a key decision on advice of the Monitoring Officer, and therefore a Cabinet decision, and not required to go to Scrutiny. She also explained that whilst the Local Investment Strategy was also a key decision, as a previous report regarding the loan had come to the committee, officers felt it was appropriate to come back to complete the process. She also commented that members of the Scrutiny committee could have called-in the Disposal of Council Land report if they were not happy with the decision, but would have needed to provide a valid reason for call-in. The Leader further explained that the two reports were not linked. 3) Mr E Seward queried if Broadland Housing Association would still need planning permission to build on specific sites, and the Housing Team Leader - Strategy replied that yes, they would still need planning permission, and any specific planning concerns could be addressed at that stage. 4) Ms V Gay asked for an elaboration of the difference between Broadland Housing Association and Broadland St Benedicts. The Housing Team Leader - Strategy explained that Broadland Housing Association was a registered housing provider and charity, and could therefore not produce market housing for a profit, but rather could only produce affordable housing. She further explained that as now there was less funding available for housing associations to provide affordable housing, many associations had set up subsidiaries to develop market housing in order to be able to subsidise the affordable housing. In order to do this, the Housing Team Leader Strategy explained that Broadland Housing Association set up their own limited company, a wholly owned subsidiary of Broadland Housing Association, Broadland St Benedicts, who could develop market housing and then gift aid the surplus it Overview and Scrutiny Committee 8 18 June 2014 makes to Broadland Housing Association. The Leader explained that a good analogy for this might be the charity Oxfam and the Oxfam shops. 5) Mr R Reynolds commented that providing security of 110% on the loans was a well negotiated agreement. 6) Mr J Perry-Warnes commented that he hoped local housing would go to local people, but was concerned that shared ownership properties may not sell and queried if these types of properties would be built. The Housing Team Leader - Strategy replied that Broadland would be building some shared ownership properties, and many housing associations no longer struggled to market shared ownership properties following the economic uplift. She explained that indicatively, Broadland were planning to build 70% affordable properties and 30% market value properties. The Chairman thanked members for their comments and the committee NOTED The report. 194. OVERVIEW AND SCRUTINY UPDATE The Democratic Services Team Leader introduced this item. She raised a number of upcoming items, including a presentation regarding North Walsham and Dilham canal due to take place in September, and a requested item on mental health, also for September. She gave further information regarding the upcoming Outside Bodies report, asking members for their input, explaining that out of the report they were hoping to make information packs about each Outside Body. 1) Ms V Gay requested that the Citizens Advice Bureau be invited to the committee to answer questions about their current activities. The Democratic Services Team Leader agreed to look into this. 2) The Chairman enquired about the upcoming housing Scrutiny meeting. The Democratic Services Team Leader reminded the committee that this would be taking place on the 22 July and that Victory Housing, Broadland Housing, and Flagship Housing had all been invited to attend and that member questions would be requested in advance. 3) Mr R Reynolds requested that the Broads authority planning applications be removed from the Members’ Bulletin as it did not seem relevant to district members. The Democratic Services Team Leader replied that she could create a specific mailing list for those interested in the planning list. 4) Mrs A Claussen-Reynolds queried why the county council Health Overview and Scrutiny report was not in the agenda, and asked for updated figures regarding the language line. The Democratic Services Team Leader agreed to investigate this. 5) Mrs P Grove-Jones with agreement from the committee requested that a broader tourism presentation be delivered to the committee. The Democratic Services Team Leader agreed to look into this. The Chairman thanked members for their comments. The meeting concluded at 12.12pm ____________________ Chairman Overview and Scrutiny Committee 9 18 June 2014 Minutes Appendix A Questions for the Police and Crime Commissioner from the NNDC Overview and Scrutiny Committee 18/06/2014 Mrs B McGoun: 1) How often has the Forced Marriage Act been an issue for residents of Norfolk? 2) How many incidents of Female Genital Mutilation do the police know of in Norfolk? What has been done about it? 3) How many domestic abuse calls are made to Norfolk police on a daily basis? 4) Where on the policing agenda is the importance of changing male attitudes to violence against women? Mr P Williams: 1) Further to my question last time you attended, how far have you and your staff progressed with testing leaving prisoners for Meares Irlen syndrome to improve their chances of gaining employment? 2) Following the £20 million in cuts that take effect at the end for this month please can you give the assurances that officers on the ground will not be given too large an area to cover. I have heard that some staff will be covering the area from Great Yarmouth to Fakenham. Do you consider this to be sufficient cover? Mr E Seward: 1) How does the Police and crime Commissioner view the future of North Walsham Police station on its current site? 2) Where Town/Parish Councils in Norfolk are paying themselves for CCTV Cameras with the support of the local police, could the Commissioner consider adopting a policy of providing some financial help towards the maintenance of such a service where it demonstrably helps to deter crime and identifies perpetrators of crime? Mr R Shepherd: 1) During the last Surge there were a large number of PC's AND PCSO's on duty along the coast. They were largely not of this area and some that I asked were not sure what their brief was. Can we be assured by the Chief Constable that in the future local Police staff are used who know their patch, and that Operation Seawitch is updated and used? Overview and Scrutiny Committee 10 18 June 2014 North Norfolk District Council Cabinet Work Programme For the Period 01 July 2014 to 30 November 2014 Decision Maker(s) Meeting Date Subject & Summary Cabinet Member(s) Lead Officer Status / additional comments Cabinet 07 July 2014 Planning Service – overview & future Benjie Cabbell Manners Moved from May at request of Head of Service Scrutiny 16 July 2014 Nicola Baker Head of Planning 01263 516135 Cabinet 07 July 2014 Energy Strategy Russell Wright Scrutiny 16 July 2014 Steve Blatch Corporate Director 01263 516232 Council 23 July 2014 Cabinet 07 July 2014 Rhodri Oliver Glyn Williams Scrutiny 16 July 2014 Business Transformation Update Council 23 July 2014 Sean Kelly Business Transformation Manager 01263 516276 Cabinet 07 July 2014 Thwaite Common Rhodri Oliver Paul Ingham Countryside & Parks Manager 01263 516001 July 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) 11 North Norfolk District Council Cabinet Work Programme For the Period 01 July 2014 to 30 November 2014 Decision Maker(s) Meeting Date Subject & Summary Cabinet Member(s) Lead Officer Cabinet 07 July 2014 Tom FitzPatrick Council 23 July 2014 Review of Discretionary Pension Policy Statements Julie Cooke Head of Organisational Development Status / additional comments September 2014 Cabinet 01 Sep 2014 S106 agreements / outline planning permissions Benjie Cabbell Manners Nicola Baker Head of Planning 01263 516135 Cabinet 01 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 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) 12 North Norfolk District Council Cabinet Work Programme For the Period 01 July 2014 to 30 November 2014 Financial Strategy Wyndham Northam Karen Sly Head of Finance 01263 516243 Growth Strategy Russell Wright Jill Fisher Head of Economic & Community Development 01263 516080 06 Oct 2014 Business rate pooling - review Wyndham Northam Karen Sly Head of Finance 01263 516243 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 Cabinet 01 Sep 2014 Scrutiny 10 Sep 2014 Cabinet 06 Oct 2014 Council 22 Oct 2014 Cabinet November 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) 13 Appendix A Waste and Related Services Contract Performance Briefing note to Overview and Scrutiny Committee – July 2014 April 2014 saw the beginning of the fourth year of the eight year contract with Kier for Waste and Related Services. The review of the contract forms part of the Work Programme for the Committee. In terms of cleansing, there has been inconsistency in Kier’s performance, which has been present for much of the contract. Whilst they have generally responded positively and promptly where problems have been identified, a lack of self-monitoring has been a contributory factor to these problems. Kier do take steps to prevent repetition of particular failures, however, the approach is not yet proactive enough to prevent these common problems happening elsewhere in the district. Specific failure to ensure adequate litter bin collections in Sheringham in early May 2014 have resulted in contract defaults and subsequent financial contract penalties being applied, as have further failures to complete works to contract timescales during June 2014. Consequently, the corporate target of zero default notices has not been achieved. It should however be noted that whilst Kier’s performance does not always meet the expectations of the Council as defined through the contract, the requirements of which are stringent, the cleanliness of North Norfolk in comparison to other areas is generally very good. It should also be noted that several compliments have been received from members of the public in relation to the cleanliness of towns including North Walsham, Cromer and Fakenham. Agreed budget savings are likely to have an impact on response times and service levels for cleansing services in 2014/15. For instance, the removal of the rapid response team will lead to a slower response for the clearance of fly tipping and clearance of roadside litter on main arterial roads to and from North Norfolk. However, the Environmental Services team will continue to closely monitor performance in this area and will seek to mitigate the impact of the reduction in contract resources. Budget savings have also been agreed in relation to the Grounds Maintenance aspects of the contract, where there will be service changes over the next few months. This includes the changes of some grassed areas from fine turf to amenity grass, with reductions in cutting frequencies. The front of the Council Offices at Cromer will also change from grass to a managed wildflower meadow, again to reduce the instances of grass cutting to provide savings. The number of missed bin collections remains above target, with an average of 35 per 100,000 collections for the period January – May 2014 compared to a target of 25 per 100,000. The most recent performance figures (May 2014) saw improvement to 28 missed collections per 100,000. We are awaiting confirmed figures for June 2014 from Kier but expect further improvements in this area. An area of concern is the number of 14 Appendix A missed collections for households that have been granted an assisted collection, where the absolute target is zero, but performance has been between 13 and 25 missed assisted collections per month between January and May 2014. Kier have already been instructed to address this matter as a high priority and have altered procedures to ensure performance in this area improves. The Environmental Services team will continue to closely monitor performance in this area and use the rectification and default mechanisms within the contract to affect a positive change if necessary. The disposal point for waste collected within North Norfolk changed in March 2014 following the closure of Edgefield landfill site. Residual waste is now deposited at a waste transfer station in North Walsham. Kier have made minor changes to collection rounds to accommodate this change, with no impact on service delivery. Kier were on hand to provide significant assistance with the clear up work associated with December's tidal surge, much of which continued well into the New Year. This work was vital in helping North Norfolk individuals and communities return to normality as swiftly as possible as well as ensuring safe access to the promenades and beaches across the district. Kier are currently undertaking a review of their local management structure, following changes at a senior level within the company following the acquisition and integration of May Gurney during 2013. It is anticipated that performance across all areas of the contract will improve once this review is complete and the new structure is fully operational. Members will be aware that senior management for the contract was being provided through a shared management agreement with the Borough Council of Kings Lynn and West Norfolk. This agreement provided for the Environmental Services Manager two days per week, but came to an end during June 2014 following the resignation of the post holder from his role at the Borough Council of Kings Lynn and West Norfolk and consequently the role at North Norfolk District Council. The Head of Environmental Health is currently reviewing options for the management and overall structure of the team moving forward. 15 Agenda Item No______13______ Planning Service – Overview Summary: This report provides a general update in relation to the work streams and the performance of the service over the past year. The Planning Service is important to the Council growth agenda, and therefore it is important that the service is fit for purpose moving forward. Options considered: Conclusions: Recommendations: Following the appointment of Nicola Baker as Head of Planning, a range of actions have been put in place. Whilst these are beginning to show results, this is very much work in progress. Scrutiny Committee is recommended to: 1. Note the contents of this report Reasons for Recommendations: This report is for noting in terms of the progress made to date, and actions planned. 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 Member(s) Cllr Benji Cabell-Manners Ward(s) affected All Contact Officer, telephone number and email: Nicola Baker Nicola.baker@north-norfolk.gov.uk 01263 516135 16 1. Introduction 1.1 The purpose of this report is to outline the progress that has been made to improve the service over the last year. 1.2 Nicola Baker was appointed in June 2013 and commenced working with Norfolk North District Council in September 2013. 2. Summary of progress made to date. 2.1 The first step was to appoint temporary staff to address the immediate resource issue, These posts consisted of: 2.2 2.3 Enforcement officer 3 x Planning Assistants In terms of enforcement, this has resulted in a reduction in the backlog in outstanding enforcement cases, and also enabled the service to be an integral part of the Enforcement Board. The table below illustrates that the team have been gradually reducing the backlog. Quarter Ending 30/09/2013 31/12/2013 31/03/2014 10/06/2014 2.4 Enquiries C/forward 137 143 106 100 Enquires Received 80 45 49 45 Enquiries Resolved 83 84 55 53 Enquiries over 3 months 71 62 48 51 In addition, we are making better use of the remedies available to us, in terms of more formal action. The table below listed the number of formal notices that have been issued. Quarter Ending 30/09/2013 31/12/2013 31/03/2014 10/06/2014 PCN 's 1 4 7 RQFI 2 2 ENF Stop BCN's Notices Notices 1 3 2 215's Total 1 2 1 6 3 4 10 15 TSN's 2.4 The Contract Enforcement post expires at the end of March 2015. Therefore adequately resourcing the enforcement section needs to be factored into the structure of the service moving forward. In addition to this, there is still a need to update/review our Enforcement Plan, improve our systems and processes including how we keep Members informed of alleged breaches of planning control, and how we undertake monitoring of S106 agreements. 2.5 The Planning Assistants who were recruited in August 2013 have provided the additional resources to focus on improving our planning application performance. Other changes include case conferences with the team meeting on a regular basis to discuss current applications. This is an opportunity to discuss more complex cases, give guidance to less experience staff, and to increase consistency in our approach. Whilst we initially appointed three Planning Assistants, one has recently left the authority. 17 2.6 The table below shows a comparison in the performance figures for year ending 12/13 compared with 13/14 Cumulative for the year 2012/13 Major 0-13 13+ weeks weeks Total 14 10 58.33% % 41.67% Minor 0-8 weeks 8+weeks 163 38.35% 262 61.65% Cumulative for the year 2013/14 Major Minor 0-13 13+ weeks 0-8 weeks weeks Total 30 9 217 76.92% 45.21% % 23.08% First Quarter figures for 2014/15 Major Minor 0-13 13+ weeks 0-8 weeks weeks Total 9 3 92 75.00% 62.16% % 25.00% 2.7 8+weeks 263 54.79% 8+weeks 56 37.84% Other 0-8 weeks 379 53.38% 8+ weeks 331 46.62% Other 0-8 weeks 483 62.00% Other 0-8 weeks 161 81.31% 8+ weeks 296 38.00% 8+ weeks 37 18.69% This improvement in performance needs to be considered in the context of the team’s overall application workload, which as demonstrated below, increased over the last year. Year 2010/11 No of application and fee income Majors 24 £184,465.00 Minor 493 Others 663 All Applications 1505 Total Total fee income £509,819.75 2011/12 2012/13 2013/14 22 £102,282.00 479 638 1511 24 £406,490.00 421 614 1505 47 £421,854.00 485 599 1605 £429,129.50 £706,236.25 £807,780.50 2.8 The increase in the number of major applications is indicative of the number of allocated sites moving forward to delivery. The Site Allocations Development Plan was adopted in 2011 and makes proposals for approximately 3,400 dwellings on a mix of large and small development sites. In addition to housing some of these allocations also provide public open space and employment land. The Progress Tracker (Appendix 1) outlines the current position in relation to all of the allocated sites. 2.9 Planning applications have been approved on many of the sites and development has now commenced, and in some cases is nearing completion at Hoveton (120 units), Stalham (150), North Walsham (site preparation works on the HLfoods site- 170 units), Cromer (Railway Triangle and Roughton Road, 50 and 123 units respectively) and Wells (120). Outline 18 Planning Permissions have also been granted for both the allocated sites at Holt (totalling approximately 350 units). Many of the remaining allocations including most of the smaller sites in villages have been subject to pre application discussions and there is an expectation that many will be subject to formal applications during 2014 in order to take part in the Housing Incentive Scheme. 2.10 In addition to progress on the allocated development sites there has been a noticeable increase in proposals for windfall developments including proposals to re-use existing buildings and removal of holiday use restrictions from barn conversion proposals.’ Exception’ schemes were delivered at Fulmodeston, Hempton and North Walsham and these together with affordable housing within private development sites provided 145 affordable dwellings during 2013/14. 2.11 There have been positive discussions with the principle land owners for the large allocation at Fakenham and revised proposals to allow for completion of a Development Brief for this site are expected shortly and are likely to be quickly followed by planning applications. 2.12 The introduction of the Housing Incentive Scheme in September of 2013 appears to have resulted in significant activity in terms of developer inquiries and applications to take part in the scheme although part of this improvement may also be a consequence of generally improved market conditions. Approximately 500 dwellings have taken part in the scheme. 2.13 The co-location of all the teams on a single floor and the bringing together planning policy with the rest of the Planning has resulted in greater coordination and consistency in decision and approach to planning issues. 2.14 The service has completed its first Planning Performance Agreement which relates to the discharge of planning conditions on the approvals for Dudgeon Offshore Wind Farm. This will act as a pilot, to see if this is an approach that would be beneficial for other major schemes moving forward. 3 Key Actions moving forward 3.1 The key actions moving forward consist of: A new structure for planning moving forward Review of our internal procedures including the scheme of delegation, and protocols for engaging with Members in pre-application discussions Streamlining our processes – business process work to look at scanning on receipt of applications, consultations and displaying the information the website Commence work on Plan Review Establish and embed processes for monitoring S106 agreements Improve communications with Members and key stakeholders Further details are contained in the Improvement Plan attached as Appendix 2 19 3.2 The next key step in moving the service forward will be a review of the structure. Work on this is well underway. The new structure looks to address the issues in relation to responsibility and accountability to ease the bottle necks in our processes. It is anticipated that consultation with staff on the new structure will commence at the beginning of July, with implementation complete by September 2014. 3.3 Underpinning any new structure is the need to review the scheme of delegation. We also need to review the Committee report format, delegated reports and our planning protocols including how to engage with members on pre-application discussions. 3.4 Once the new structure is in place, the focus will be on business process reengineering, to ensure that the service maximise the use of the IT that is currently has available, by streamlining our processes. This will include review of documentation, scanning in of consultation/consultation responses, an end to end review the planning application process. This work will link to the Council’s business transformation strategy. 3.5 Work has progressed on capturing the information in relation to existing Section 106 agreement, however there is a need to formalise the role of monitoring these agreements within the review of the planning structure, and similarly to review our approach and policy requirements in this respect. 4. Conclusion 4.1 This report outlines the work undertaken over the last year. Whilst some improvements have been made, there is still a considerable way to go, to ensure that these changes are embedded within the service, and to complete the transformation. 5. Implications and Risks 5.1 This is an ambitious programme for change and therefore represents a challenge, in terms of balancing the need to change, with running a key operational service. The pace of change has to be balanced against the day to day needs of the service. 5.2 As a key front line services, it is critical that carefully consideration is given before we introduce any changes which could impact our customers. 5.3 In addition to the above, the pace of change also needs to be balance against the rate of staff turnover and time taken to recruitment. One of the temporary Planning Assistant and a Senior Planning Officer have recently left the authority’s employment and it takes time to replace these individuals. 6. Financial Implications and Risks 6.1 The service improvements outlined above, will involve some investment, however the financial implications will be considered in relation to the business case for the new structure for planning, and IT investment as part of the Council’s overall transformation strategy. 6.2 This report does not raise any issues directly relating to finance. 7. Sustainability 7.1 This report does not raise any issues directly relating to sustainability 8. Equality and Diversity 20 8.1 This report does not raise any issues directly relating to equality and diversity. 9. Section 17 Crime and Disorder considerations 9.1 This report does not raise any issues directly relating to crime and disorder. Appendices 1 – Allocation site tracker 2- Improvement Plan 21 Town Cromer C01 C04 C07 C14 C17 ED2 ROS3 ROS4 Fakenham F01 F05 ROS6 Holt H01 H09 CP10 Hoveton HV03 North Walsham NW01 NW25 NW28a NW44 E10 ED1 ROS8 Sheringham SH04 SH05 SH06 SH14 ROS5 Stalham ST01 E12 Wells W01 CP2 Site Description Allocation Type Land Adjacent to East Coast Motors Land at Rear of Sutherland House, Overstrand Rd Land at Jubilee Lane / Cromer High Station Land West of Roughton Road Railway Triangle, Norwich Road Cromer FC, Mill Road Land Between Louden Road & Church Street Land South of Louden Road Residential Residential Mixed-use Residential Residential Education Retail Retail 40 60 40 160 50 10 15 20 Land North of Rudham Stile Lane Land Between Holt Road & Greenway Lane Land at Fakenham Town Centre Mixed-use Residential Retail 900 60-80 ? Land West of Woodfield Road Land at Heath Farm / Hempstead Road Land at Thornage Road Residential Mixed-use Car Park 85 200 - Land Adjacent to Doctors Surgery, Stalham Rd Residential 120 Land at Norwich Road / Nursery Drive Land off Laundry Loke North Walsham FC Paston College Lawns Site Land off Cornish Way Paston College Relocation Vicarage Street Car Park Mixed-use Mixed-use Residential Mixed-use Employment Education Retail 400 10 60-80 30-60 20 Land Adjoining Seaview Crescent Land Adjoining Morley Hill Land Rear of Sheringham House Land at Holway Road, Oppostie Hazel Ave Site Adjacent Clock Tower Residential Residential Residential Residential Retail 25-45 15 70 50 - Land Adjacent Church Farm, Ingham Road Land South of Weavers Way, Adjacent to A149 Mixed-use Employment 160 - Land at Market Lane Land North of Freeman Street Residential Car Park 120 - Notes Completed Commenced Post-Application Stage Decision Notice issued (Approve / Refuse) S.106 Preparation Resolution (Approve / Refuse) Submitted (Whole / Part Site) Application Stage Public Consultation undertaken (Whole / Part Site) Draft Plans Submitted Site Allocations Progress Tracker (Towns) Development Brief*/ Site Development Guide completed Landowner / Developer / Agent contact Pre-Application Stage Dwelling (Approx) P Permission on part of site for 10 dwellings (under construction) W W A PF A A PF W A A PO P A *In progress * In progress P A PF P W A P A W A PF A A PF A A PF * *Enquiry from Rob Scott (www.mscott.co.uk) 06/06/13 *In progress W A A PF W A A PF 22 Planning Planning Service Improvements Annual Action Plan Activities Activity Objective (See Status Lead Officer Key) Target Completion date Recommendation /Progress to date Proposed new activities for 2014/15 We will streamline the planning process to improve our performance Jobs and Local Economy D3 Nicola Baker 30 April 2015 Work due to commence Sept to be complete by April 2015 We will review the Scheme of Delegation to fit with a new structure within the Planning Service Delivering the Vision A4 Nicola Baker 30 September 2014 Scheme of delegation needs to be revised following implementation of new structure We will re-launch the Planning Agents Forum Delivering the vision B2 Andy Mitchell 30 June 2014 First meeting arranged Target Completion date Recommendation Activity Undertake workshop to shape future of the planning service Reference Objective (See Key) VD Status New Lead Officer Nicola Baker Head of Planning Planning Improvement Plan - scrutiny report v25 Priority (A, B or C if used) A /Progress to date 31 January 2014 Workshop undertaken 10 January 2014 Page 1 23 Activity Reference Objective (See Key) Status Lead Officer Priority (A, B or C if used) Target Completion date Recommendation /Progress to date Commence process review workshops (i) scanning to be integral to process(ii) handling minor/other applications JD New Nicola Baker Head of Planning A 31 January 2014 Workshop identified key work stream. Work to commence following implementation of new structure. Detailed work to commence September and be completed by April 2015 Re-launch the Agents forum VB New Nicola Baker Head of Planning A 30 June 2014 First meeting to be held on 8 July 2014 VB New Nicola Baker Head of Planning A (AAP –Delivering the Vision B”) Undertaken member development sessions 31 March 2014 First session completed. 2nd planning for July. Bite size training session introduced for Members of Development Committee. Consultation on changes to the structure of Planning VC New Nicola Baker Head of Planning Planning Improvement Plan - scrutiny report v25 A 30 June 2014 Consultation due to be undertaken in July. Structure in place by September. Page 2 24 Activity Reference Objective (See Key) Status Lead Officer Priority (A, B or C if used) Target Completion date Recommendation /Progress to date Proposed new activities for 2014/15 (From 1 April) Formation of Parish Clerks Forum VB New Nicola Baker Head of Planning B 30 September 2014 Increase openness and transparency in the preapplication process – preapplication protocol VB New Nicola Baker Head of Planning B 30 September 2014 Review use of Planning Performance Agreement in handling major applications VB New Nicola Baker Head of Planning B 30 September 2014 Planning Improvement Plan - scrutiny report v25 First agreement in place. Acting as pilot. Learning to be captured and considered for use for major applications moving forward. Page 3 25 Agenda Item No______15______ COMMUNITY ENGAGEMENT RIGHTS – CONSULTATION PAPER Summary: The report provides an overview and update on the Council‟s approach to Community Rights to Bid and Challenge including Right to Build and Reclaim Land as approved by Cabinet in April 2013. Current activity in Community Rights is detailed and the role the Council adopts to enable interest in the overall Localism Agenda. The issues highlighted within the consultation paper „Community engagement rights‟ issued by Communities and Local Government Committee are considered along with the extent to which the Council can contribute to any consultation response. Conclusions: The Council has provided relevant information and set up procedures that were necessary to enable opportunities for the community to engage under the Governments Localism agenda. The information contained and publicised on the Council‟s website addresses the opportunities available under the main Community Rights initiative, including the Community Right to Bid, Challenge, Build and Reclaim Land. Community groups that may be interested in furthering their aims are also signposted to the Government funded “My Communities Rights” website. This website offers the first line of advice for communities to engage in the Localism Agenda. The site provides further information about the support offered via specific advice and funding that is offered through the main intermediary national organisations. In respect of the consultation paper „Community engagement rights‟ issued by Communities and Local Government Committee the Council can demonstrate evidence of communities pursing opportunities and examples of how they have achieved positive outcomes. However it is not possible to comment regarding any perceived barriers or what might be preventing communities exploring these Rights in more detail as there is currently no evidence on which to base this. Recommendations: Members of the Overview and Scrutiny are asked to note the position that the Council has adopted in respect of the Community Rights Initiatives and provide further guidance in respect of any consultation response that may be considered necessary. Cabinet Member(s) Ward(s) affected 26 Contact Officer, telephone number and email: John Mullen (Community Projects Manager), 01263 516104, john.mullen@northnorfolk.gov.uk 1. Introduction 1.1 The Overview and Scrutiny Committee have requested that a report be produced to consider the issues highlighted within the consultation document „Community Engagement Rights‟ (contained within the attached appendix) which has been issued by the Communities and Local Government Committee. 1.2 The consultation documents asks for a number of questions to be considered in relation to Community Rights and these are as follows; What evidence is there that communities are aware of these rights and are using them? If communities are not using the rights, what is the reason? How successful communities are in using them to achieve their objectives? How helpful is the guidance and assistance that has been made available to communities and local authorities to help them use and understand community rights? What more, if anything, might be required to encourage more widespread use of these rights? 1.3 The deadline for responding to the consultation is 4 September 2014 and this report provides Members with an update regarding the current position along with further information in relation to the questions posed within the consultation document. 2. Background 2.1 Members may be aware of the current opportunities for communities that were laid down in guidelines issued by Central Government to local authorities in October 2012. The following provides a summary of these. 2.2 The Right to Challenge – this allows communities, through representative groups named as “relevant bodies” (which can include for example voluntary and community groups, charities, social enterprises, parish councils), to bid to run local authority services where they believe they can do so differently and better. This may be a whole service or only a part of it. 2.3 Groups need to submit a written Expression of Interest which, if accepted, triggers a potential procurement exercise for that service if additional interest is shown. The interested group will then take part in the procurement exercise alongside any other interested bodies. 2.4 The Council can set and publicise windows of opportunities for the submission of Expressions of Interest for running local services, but are not obliged to do so under the Government guidelines. At present the Council does not operate any window of opportunity and can consider expressions received throughout the year. 27 2.5 The Wells Maltings Trust successfully submitted an Expression of Interest in relation to part of the tourist information service that was operated in Wellsnext-the-Sea. This Expression of Interest was covered by a Cabinet report submitted in January 2013 and triggered a procurement process which ultimately led to the transfer of the Service to the Trust. 2.6 This Right was introduced by the Localism Act 2011 and came into effect on 27 June 2012. 2.7 The Right to Bid – this Right gives communities the opportunity to save assets that are important to them and could include things such as a village shop or pub, a library, cinema etc. The assets can be both public and private but must have a proven social value (Assets of Community Value) for their local areas. 2.8 The Council has a duty to receive, assess and list assets of community value, notifying the owner and interested parties that the asset has been registered and listed on the Council‟s website (this is available under the Localism section of the site http://www.northnorfolk.org/community/18424.asp). 2.9 If an owner of a listed asset wants to sell it they have to notify the local authority. The local authority then, in turn, has to notify any interested parties. 2.10 If community groups are interested in buying an asset they can use the Community Right to Bid to „pause‟ the sale, giving them 6 months to prepare a bid to buy it before the asset can be sold. The Right does not force a sale nor does it result in any discounted price but it does give a slightly longer sale period should the asset be offered on the open market. 2.11 To date the Council has received 29 nominations including local shops and pubs. Of these, 13 have been listed, 13 have been declined and there are 3 submissions where the Council is awaiting further information. 2.12 The Community Right to Bid came into effect on 21 September 2012. 2.13 The Right to Build – Communities have the opportunity to build new homes or new community amenities, providing they can demonstrate overwhelming local support (agreement of more than 50% of local people voting through a community referendum). 2.14 This measure forms part of the Neighbourhood Planning provisions part of the Act and came into force in April 2012. Funding through the Homes and Communities Agency is available for interested community groups to develop their plans at the early stages of planning new initiatives. 2.15 The Council has to date received no interest in relation to this Right. 2.16 The Right to Reclaim Land - supports communities to improve their local area by giving them the right to ask the Secretary of State for Communities and Local Government that under-used or unused land owned by local councils and other public bodies is sold so that it can brought back into use. The Secretary of State will act on behalf of the local community to assess the opportunity and take forward discussions with the local authority if an opportunity exists for reclaiming these assets. 28 2.17 As with the Right to Build the Council has not received any submissions in relation to this area. 3. Current position 3.1 The recommendations approved by Cabinet in April 2013 under the Community Rights initiatives was for officers to develop both the appropriate level of information to highlight opportunities to the community and to then outline and develop the necessary procedures for the different Community Rights to be publicised and due processes put in place. 3.2 The role for the Council as far as Community Right to Challenge, Build and Reclaim Land is concerned was to promote the schemes through information and signposting on the Council website and to ensure that officers were aware of the roles and responsibilities that may be required to receive and process expressions of interest and requests for information that would enable any future interest in the schemes. 3.3 The relevant issues considered by the report are summarised below; The need for the Council to consider its role in enabling community interest specifically addressing the local authorities role to enable opportunities to manage local public services and/or have assets of community value listed by the Council. The development of both processes and the publicity via the Council‟s website that was developed to provide opportunities that are available through the Community Rights Initiatives. Agree the main procedures for assessing and listing community assets so that the Council is both compliant with the main regulations and guidelines and offers sufficient information and action that will help meet community aspirations under the provisions of the Localism Act 2011. 3.4 The Council has a group established to consider any Community Right to Bid applications received that comprises of officers and the Portfolio Holder for Assets. The Council‟s website has been developed to provide information into the relevant processes which have been agreed by the Asset Management Board, with further links to additional advice and guidance available through Central Government websites. 4. Evidence of Community interest and engagement 4.1 Evidence in particular that the community have engaged in the Community Right to Bid can be highlighted by the number of nominations that have been received and processed via the Council‟s Community Right to Bid group as mentioned above. Overall there have been 29 Nominations submitted to date 13 nominations have been listed 13 nominations have been declined 29 3 have had returns made for clarification /further information with no responses having been received to date 4.2 Under the Community Right to Challenge one expression of interest was submitted to the Council in November 2012 and has since been approved by Cabinet in January 2013. The Community Right to Challenge to operate the Well Tourism Information Centre (TIC) service was submitted by the Wells Maltings Trust. A business case for running the TIC was submitted as part of the process for challenging the Council‟s running of the Service and following approval by Cabinet is now active for a five year period, operating via a Service Level Agreement between the Trust and the Council. 4.3 The successful provision of advice and support for the Wells Maltings Trust to develop their expression of interest in running the Wells TIC was promoted through the local media after a Service Level Agreement had been drawn up and signed. The Wells Maltings Trust, since the time of the agreement, have been successful in enhancing and expanding their role in providing the Tourist information Service, increasing the local volunteer base and extending the reach of the service into new areas, including ticket sales, marketing and launching local community initiatives. 4.4 Further development of promoting and supporting community interest in the opportunities afforded by the Community Rights provision was reviewed by the Communities, Property and Media Teams in the summer 2013 and further revisions to the Council‟s website were carried out at the time. The Website currently is located in the Community and Well-being pages of the Council‟s website under Localism. 4.5 The Council has not received any negative feedback in relation to the Rights so it is not possible to comment in this regard. The nomination paper for the Right to Bid is relatively simple and is not particularly onerous for groups to complete. There is also additional support available via the website and through various Council officers. 5. Conclusion 5.1 The report has outlined the Council‟s role in supporting the Community Rights initiatives and enabling communities to pursue various opportunities in this respect. 5.2 It has been noted that the Council‟s role in supporting each of the Community Rights has been varied depending on the specific Right. Since 2013 the Council has had a modest level of interest in both Community Rights to Bid and Rights to Challenge. However, When there has been interest shown by the community in these initiatives, as in the case of the Wells Maltings Trust, the Council have acted positively and provided the necessary means by which the community interest can be developed further to ensure positive outcomes are achieved. 5.3 It is not possible to comment regarding any barriers or reasons for any possible perceived lack of interest in pursuing some of these areas as the Council has not received any feedback on which to base any response. 6. Implications and Risks 30 6.1 There are no implications or risks at present in relation to this paper or the current consultation. 7. Financial Implications and Risks 7.1 There are no financial implications or risks in relation to this consultation paper. 8. Sustainability 8.1 There are no sustainability issues in relation to this consultation paper. 9. Equality and Diversity 9.1 There are no equality and diversity issues in relation to this consultation paper. 10. Section 17 Crime and Disorder considerations 10.1 There are no crime and disorder issues in relation to this consultation paper. 31 Appendix D Community Engagement Rights The Communities and Local Government Committee today launches an inquiry into community engagement rights. Inquiry: Community Rights Communities and Local Government Committee Through measures such as the Localism Act 2011 the Government has introduced a number of new ‘community rights’. 'Community rights' include: the Community Right to the Community Right to the Community Right to the Community Right to Challenge; Bid; Build; and Reclaim Land. The Committee invites submissions from interested parties on the operation of these ‘community rights’. It wants to hear about progress made in allowing communities to use these powers and intends to examine whether the legislation that delivers them is operating effectively. The Committee expects to cover the following matters: What evidence is there that communities are aware of these rights and are using them? If communities are not using the rights, what is the reason? How successful communities are in using them to achieve their objectives? How helpful is the guidance and assistance that has been made available to communities and local authorities to help them use and understand community rights? What more, if anything, might be required to encourage more widespread use of these rights? The Committee particularly welcomes any evidence from local authority scrutiny committees and from local community groups. Deadline The Committee asks for written submissions in accordance with the guidelines below by 2.00pm on Thursday, 4 September 2014. As a guideline submissions should be no longer than 3,000 words. Submissions should be uploaded onto the website in word format no later than the deadline. Link to submit your evidence Link to guidance on submitting written evidence If you have any problems with the web portal please contact David Nicholas, Senior Committee Assistant, on 0207 219 4972. Further information: About Parliament: Select Committees, Visiting Parliament: Watch Committees 32 Overview and Scrutiny Committee 16 July 2014 Agenda Item. 16 OVERVIEW AND SCRUTINY UPDATE Work Programme at Appendix E 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 Language Line Following the recent request from Members for a breakdown of costs for the use of language line for the Ambulance Service, the updated figure is: The total Language line bill was £16,223.10 for the last 12 month period trust wide. This includes direct calls from crews and the regional demand from the 3 control rooms. Empty Properties premium In relation to Cllr Seward’s question at the June meeting, the Revenues Manager provided the following figures: At 31 March 2014 there were 165 levy properties (charged 150%), the districts share of income from these for a full year would be approximately £9,640. These numbers will fluctuate as properties move in and out of the levy charge period throughout the year. 3. The Work Programme and Future Topics As agreed at the last meeting, an additional committee meeting has been scheduled for 22 July. This will focus specifically on housing. 3.1 On 15 October – Lucy Downing, Brand Manager for Visit North Norfolk and Bruce Hanson, Broads Tourism Officer, will be attending the Committee meeting to provide members with an overview of tourism across the District – including the Broads. There will also be a report on leisure services coming to this meeting. 3.2 Energy Strategy – this item will be coming to Scrutiny in September before going to Cabinet in October. 3.3 Outside Bodies report – this will be coming before the Committee in November. 33 Appendix E OVERVIEW AND SCRUTINY COMMITTEE WORK PROGRAMME 2014/2015 Period July 2014 – November 2014 July Presentation on Broadband in Sheila Oxtoby the District County Council Representative Chief Executive Request Planning service – Overview & future Waste Update Nicola Baker Benjie Cabbell-Manners Nick Baker Angie Fitch-Tillett Nick Baker Sean Kelly Tom FitzPatrick Duncan Ellis Rhodri Oliver (Moved from March- at request of HoS) 6 monthly cyclical SCRUTINY Darryl Cox (Victory) Andrew Savage (Broadland) Trish Worden (Flagship) MEETING Requested Lisa Grice Requested Nicola Turner Rhodri Oliver Annual (Requested) Business Transformation Project July Community Engagement Rights- Government Consultation HOUSING Victory Housing, Broadland Housing, Flagship HousingTo answer questions before the committee and provide information on passiv housing Homelessness Strategy Housing Allocations Scheme 34 Requested by the committee Cyclical Requested by the committee Sustainable Housing Summary Nicola Turner Rhodri Oliver Requested Presentation on North Walsham and the Dilham Canal Mental Health Update Ivan Cane, Canal Trust Archivist Maureen Orr (Norfolk County Council HOSC Administrator) Requested Energy Strategy Steve Blatch Tom FitzPatrick Budget Monitoring Period 4 Karen Sly Wyndham Northam Helen Thomas Tom FitzPatrick Karen Sly Wyndham Northam Nick Baker Angie-Fitch Tillett Council Decision (Moved from May at request of HoS) Cyclical September Performance Management Q1 Financial Strategy Regulation of Investigatory Powers Act- Policy Cyclical Cyclical Annual Moved to allow time for inspection and collating the report October Leisure Services – an overview of the leisure services across the District – to include costings, input by stakeholders, profit etc. Also figures on running of Karl Read Glyn Williams 35 Requested by the committee Pier Theatre and Openwide contract Profile of those using leisure centres Tourism- wider district agenda and information from the Broads Authority Lucy Downing (North Norfolk Brand Manager, Visit North Norfolk) Bruce Hanson (Broads Authority) November Karen Sly Wyndham Northam Tony Brown Wyndham Northam TBC Cyclical Outside Bodies Report Emma Denny Benjie Cabbell Manners Requested Customer Service Update Nick Baker Glyn Williams Nick Baker Glyn Williams Budget Monitoring Period 6 Treasury Management Half Yearly Report Citizens Advice Bureau Cyclical Requested TBC Customer Access Strategy 36 Annual