Agenda Item___4___ OVERVIEW AND SCRUTINY Minutes of a meeting of the Overview and Scrutiny Committee held on 16 November 2011 in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr E Seward (Chairman) Mr B Smith Mr N Smith Mr R Smith Mr P Terrington Mr G Williams Mrs A Claussen-Reynolds Mrs A Green Mr P Moore Mr J H Perry-Warnes Mr R Reynolds Officers in Attendance: The Chief Executive (for Item 77), the Environmental Health Manager (for item 77) the Head of Planning and Building Control (for item 78), the Strategic Director - Community (for item 78) the Policy and Performance Management Officer (for item 79), the Deputy Chief Executive (for items 80 - 82) and the Democratic Services Team Leader Members in Attendance: Mrs S Arnold, Mrs H Eales, Ms V Gay, Mrs P Grove-Jones, Mr P High, Mr K Johnson, Mr J Lee, Mrs A Moore, Mr W J Northam, Ms B Palmer, Mr R Shepherd Democratic Services Officer (ED) 67 APOLOGIES FOR ABSENCE Apologies were received from Mr B Jarvis and Mr R Wright 68 SUBSTITUTES Mr N Smith for Mr R Wright 69 PUBLIC QUESTIONS Lara Williamson, of the Holt Local Area Partnership asked the following question: A recent newspaper article had outlined planned changes to the funding of the Local Area Partnerships (LAPs). Were the Committee aware of the situation and could they explain why the partnerships had not been kept up to date with the changes to their funding arrangements? The Chief Executive said that a letter sent to the LAPs in July 2011 outlining possible changes to their funding had come from the North Norfolk Community Partnership (NNCP) not the District Council. The NNCP was the funding agent and it was meeting shortly to discuss its own future and that of the area partnerships across the District. Overview and Scrutiny Committee 1 16 November 2011 There would be a round-table meeting with all the LAPs as soon as possible to clarify the situation. He emphasised that the proposal to establish a Big Society Fund was still in progress. 70 MINUTES The Minutes of the special meeting held on 04 October 2011 and the meeting held on 18 October 2011 were signed as a correct record. 71 ITEMS OF URGENT BUSINESS None received 72 DECLARATIONS OF INTEREST None 73 PETITIONS FROM MEMBERS OF THE PUBLIC The Democratic Services Team Leader updated the Committee on petitions from members of the public. No further petitions had been received via the e-petitions facility since the last meeting. Two of the petitions had expired with neither reaching the required threshold. A Member asked what happened to expired petitions. The Democratic Services Team Leader said that they were still available to view on the Council’s website but would be listed as ‘past petitions’. 74 CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None received. 75 RESPONSES OF THE COUNCIL OR CABINET TO THE COMMITTEE’S REPORTS AND RECOMMENDATIONS Cabinet’s response to the comments made by the Committee on the corporate plan had been circulated. 76 THE FORWARD PLAN Members had no comments on the Forward Plan. 77 COMMUNITY SAFETY UPDATE Chief Inspector Neil Baily, District Commander for North Norfolk and Broadland gave a presentation on policing arrangements in North Norfolk and provided a summary of district crime statistics. He explained that crime reduction within the District was 6% during 2010/11. The police had placed more emphasis on focussing on crimes that profoundly affect the victims – such as dwelling burglary and as a consequence they were expanding their victim-centred approach, particularly for the most vulnerable victims of crime. There had been a noticeable rise in theft and non-dwelling burglary in rural areas. The increase was believed to be linked to the growing value of scrap metal and several current policing operations were being directed at addressing the problem. Anti-social behaviour issues were now being dealt with by the joint-agency team based at Cromer Police Station. The District Council, Norfolk Constabulary and Victory Housing were working closely together to provide expertise to tackle the more complex Overview and Scrutiny Committee 2 16 November 2011 cases. During 2011 there had been a 29% reduction in the number of calls to the Police reporting anti-social behaviour. He concluded by outlining a number of changes to the policing model in Norfolk from January 2012. Three Police Deployment Bases would be created, providing 24 hour policing cover for the District. They would be situated at Cromer, North Walsham and Fakenham. Each base would be managed by an Inspector with 5 Sergeant led teams. It was intended that this model would greatly enhance the capacity of the local police to respond to calls from the public. The Environmental Health Manager informed the Committee that Hannah Harvey had been appointed as the new Joint ASB Co-ordinator. She would ensure that all ASB cases were identified and then allocated to the relevant partnership agencies. It would be a victim-focussed approach and it was intended that other options such as restorative justice would be considered in the future. A Member requested that details on how to contact the ASB Co-ordinator were published in the Member’s Bulletin. Members discussed the report: a) The establishment of the new Police Deployment Bases was praised. A Member asked whether there would be someone on duty at each police station 24 hours a day. Chief Inspector Baily said that the front counter would not be open 24 hours a day but there would be a member of staff on site. The rest of the team would be on patrol to increase coverage of the District. b) The issue of the social background of criminals was raised and whether they were questioned about this when in police custody. Chief Inspector Baily said that they were not and that the Police were already broadly aware of their backgrounds. c) A concern was raised regarding speeding through villages and whether it could be addressed. Chief Inspector Baily said that it was a matter of prioritisation. The Police did not have the capacity to patrol all the villages affected. They dealt with the problem on a needs basis – if there was an increased number of complaints in a particular village then they would enforce it but only for a limited period. d) The Local Member for Wells commented on the increase in the number of outboard motor thefts from boats in the town and asked whether Neighbourhood Watch schemes were still being supported by the Police. Chief Inspector Baily said that the Neighbourhood Watch schemes were still in operation but due to financial constraints the Police had reduced their support. He acknowledged that outboard motor thefts were a significant problem in Wells. Intelligence suggested that they were not committed by local people but by people travelling into the area. It was a problem that the Police were addressing. e) The 15% reduction in dwelling burglaries was praised. A Member asked why there had been such a significant fall. Chief Inspector Baily replied that it was a very high risk crime with relatively low gain. In response to a further question regarding the reduction in anti-social behaviour cases, he confirmed that it was an actual reduction but that anti-social behaviour was very low in Norfolk. The Environmental Health Manager added that interventions were taking place much earlier now, limiting a recurrence in such crimes. f) The issue of metal theft was highlighted and the ability of the Police to deal with it was questioned. Chief Inspector Baily said that as scrap metal yards were the sole outlet for metal there was an opportunity to address the problem. Operation Radar was engaging regularly with local yards and examining their scrap. The government was considering how to tackle the issue and there was a proposal that all payments to those providing metal to scrap yards should be paid into a bank account. This would make it easier to trace them. g) A Member asked whether the Police had seen an increase in anti-social behaviour following changes to the provision of youth services in the District. Chief Inspector Baily said that there had not been any significant increase yet but that the Police were aware that problems could occur in the future. They were working hard to Overview and Scrutiny Committee 3 16 November 2011 support projects such as Kickz in North Walsham as it had helped reduce anti-social behaviour considerably. h) The role of Police Community Support Officers (PCSOs) and how they would fit into the new team structures was raised. Chief Inspector Baily said that he felt that the role of PCSOs was often misunderstood. They knew the local picture better than Police officers and they were freed up from legislative responsibilities so they could engage with communities. He added that they were additional to the Police not a replacement for them and that they would continue to have a role within the new structure. In response to a further question regarding drug-related crime within the District, he said that it had previously been a significant problem in Cromer but that it had reduced considerably. The Chief Executive referred the Committee to the attached report outlining the main responsibilities of the new police and crime commissioners (PCCs). There would be significant upheaval in the governance arrangements and a fundamental change for community safety partnerships. As far as the scrutiny of PCCs was concerned, a police and crime panel (PCP) would have to be established for every police force area to scrutinise them and support them in the effective exercise of their functions. Each council in the force area would appoint a councillor on to the panel, with a minimum of 10 councillors and two co-opted members. In Norfolk a Task and Finish group had been set up to consider how many representatives should sit on the PCP and whether it should be Norfolk-wide. It was still not clear whether the District Council needed to scrutinise crime and disorder at a local level. The Chairman said that it would be unfortunate for the Committee to lose that responsibility and he requested that the issue came back before the Committee when more detail was available. AGREED 1. That contact details for the Joint ASB Co-ordinator would be circulated to Members via the Member’s Bulletin. 2. That the Committee would receive an update at a future meeting on the situation regarding the scrutiny of crime and disorder at local level. 78 DEVELOPMENT MANAGEMENT AND LAND CHARGES PERFORMANCE UPDATE The report provided information on planning applications and appeals for the period from July to September 2011 and covered the turnaround of applications, workload and appeal outcomes. The Head of Planning and Building Control outlined the background to the figures. He explained that during 2010/11 his team had delivered efficiency savings of almost £250,000, removing the equivalent of 5.5 full time posts. When the initial restructuring was considered during 2009/10, the number of planning applications had dropped considerably reflecting the wider economic situation. The following year the number of applications rose significantly, impacting on the time taken to process them and accruing a backlog. During the current year performance had dropped again. It had been recognised that there was now a significant problem and a temporary post had been recruited for 1 year. The backlog was now easing and the Head of Planning and Building Control was confident that if the level of work remained the same the team would soon catch up. He warned that there were issues that could hinder their progress – there were several complex cases in progress which were labour intensive. In addition there were 2 judicial review cases pending and 5 ombudsman cases had been submitted during the current financial year. He concluded by saying that the delegation system seemed to be working well with approximately 92% of planning applications dealt with this way. The Portfolio Holder – Overview and Scrutiny Committee 4 16 November 2011 Planning added that the service was under considerable pressure, particularly as more decisions were being challenged. He said that several local authorities charged for planning advice and this was a possibility for the future but that the provision of free advice ensured that the applications received tended to be of a higher quality. The Chairman of the Development Committee agreed and said that the number of retrospective applications would increase if advice was not provided free of charge. The Chairman requested a brief update on planning enforcement. The Head of Planning and Building Control said that there was a backlog of work in this area and this was being addressed. All cases were reported to the Development Committee on a quarterly basis. Members discussed the report: 1. A concern was raised regarding delays in the issuing of decision notices. Planning was a vital part of the local economy and the speed of decisions was important. Perhaps there was a justification for considering recruiting again to address such issues. The Head of Planning and Building Control said that he was not aware of any specific problems regarding the issuing of decisions. He was confident that they did not need additional staff to handle applications at the moment but acknowledged that the level of future work was hard to predict and that flexibility to recruit on a short-term basis would be helpful. He added that a Government proposal to allow local planning authorities to set their own fees had never materialised. This meant that they had no additional income source. The Chairman asked if the Council had sent a letter to the government requesting clarification on this issue. The Strategic Director – Community said that he was not aware of any correspondence. In response to the question regarding delays in the issuing of decisions he said that applications with s106 obligations could be held up as other parties were involved. The Chairman suggested that the Head of Planning and Building Control could look into this issue and report back to the Committee at a future date. 2. A Member suggested that more information could be provided to the public on delegated powers and how they were applied. He felt that if they were fully informed about why some applications were dealt with under delegation then there would be reduced pressure on Members to take cases to the Development Committee. The Head of Planning and Building Control suggested that an article could be placed in Outlook magazine. He said that Members agreed to particular cases being delegated and therefore they were often in the best position to explain the reasons to people. 3. There was a concern that the new National Planning Policy Framework (NPPF) was being used before it had received assent and that the Localism Act would be in direct conflict with the aims of the NPPF. The Head of Planning and Building Control said that it stated clearly in the Development Committee reports that the NNPF was a material consideration but that it should be given low weight at this stage. The Localism Act had only just been enacted and had not impacted on the planning process yet. 4. A Member said that he had not received notification of a planning application adjacent to his ward. He felt that all Members in the vicinity of a planning application should be notified. The Strategic Director – Community said that the ward member was notified and that all Members had access to the Weekly Planning List via the Members Bulletin and the Council website. 5. A query was made regarding planning appeals and whether more were generated by delegated decisions than Committee decisions. The Head of Planning and Building Control said that there was no discernible difference between the two but that decisions made by the Committee could sometimes be harder to defend. Overview and Scrutiny Committee 5 16 November 2011 AGREED To receive an update at a future meeting on the issuing of planning decision notices. RESOLVED 1. To recommend that the Portfolio Holder for Planning writes to the Government on behalf of the Council urging a quick decision on the proposal to permit local planning authorities to set their own fee levels, as envisaged in the 2010 consultation exercise by the DCLG 2. To write to Norman Lamb MP and Keith Simpson MP informing them of this recommendation 79 ANNUAL REPORT 2010/2011 The Chairman explained that the original intention had been for the Annual Equalities report to be presented to the Committee. The Annual Report was an historical document and it was felt that it was there would be little benefit in considering it at this stage. It was suggested that the Community Liaison Officer could give a brief presentation on the Council’s equality duties at the next meeting of the Committee. The Policy and Performance Management Officer said that in 2012 the Annual Report would follow the usual cycle of being presented to Cabinet first then the Overview and Scrutiny Committee. 80 HALF YEARLY TREASURY MANAGEMENT REPORT FOR 2011/12 The Portfolio Holder for Financial Services and Corporate Assets presented the report. He explained that it was a progress report setting out the Treasury Management activities undertaken in the first six months of 2011/12. Since the publication of the report, Spanish banks had been suspended from the Council’s lending list. The Council was also considering increasing the lending list to spread the risk and maximise the level of interest received. He thanked the Technical Accountant and the Council’s financial advisors, Arlingclose, for their hard work. He also commended them for the recent presentation for Members on Treasury Management. A Member asked whether the slides from the presentation could be reproduced in the Member’s Bulletin. The Chairman requested that the slides from the recent presentation on the Norfolk Pension Fund were also circulated. AGREED 1. To recommend that Full Council approve the Half Yearly Treasury Management Report 2011/12 2. That copies of the presentations on Treasury Management and the Norfolk Pensions Fund be circulated to all members via the Member’s Bulletin 81 BUDGET MONITORING 2011/12 – PERIOD 6 The Portfolio Holder for Financial Services and Corporate Assets presented the report. It outlined the budget monitoring position for the revenue account and capital programme to the end of period 6 (30 September 2011) and included a review of the current capital programme. It was hoped that any projected overspend would be offset by savings. A revised budget report would be presented to Cabinet on 28 November 2011. Overview and Scrutiny Committee 6 16 November 2011 Members discussed the report: 1. There was a concern about the funding for the provision of electricity at Holt Country Park. The report suggested that some funding came from the mobile gym budget and this implied that the mobile gym was being under-used. The Deputy Leader said that this was not the case and that the mobile gym remained popular. The Leader added that the additional money was likely to have come from the proposed sale of the larger mobile gym vehicle. 2. The Chairman commented that despite an increase in the number of people using the Districts sports centres there seemed to be an overspend of £34,000 in this sector. The Deputy Leader said that the deficit arose from the school leisure centres where activities were not as well supported as those at the main sports venues. The Local Member for Stalham and Sutton said that the sports hall at the local school was underused and more could be done to encourage local people to use it. The Deputy Leader replied that it was hoped that the new multi-use sports area would increase attendance and revenue in Stalham. 3. The Chairman asked whether the receipts from the new Tesco supermarket in Sheringham had been allocated yet. The Deputy Chief Executive said that it had not yet been received. It would be a capital receipt and Cabinet would decide how it was budgeted for. AGREED To note the contents of the report. 82 FINANCIAL PLAN UPDATE 2011/12 – 2014/15, STRATEGIC CONTEXT AND ORGANISATIONAL WORKSTREAMS The report had been presented to the Special meeting of the Overview and Scrutiny Committee on 04 October 2011. Due to time constraints it had been agreed that members would consider the report at the November meeting of the Committee. 1. Mr G Williams proposed that the Committee worked with Cabinet to ensure that there was an effective review of the Local Area Partnerships. He said that the Overview and Scrutiny Committee could add value if they were involved at an early stage in the process. The Portfolio Holder for Financial Services said that the current procedure for the Committee to consider any decisions made by Cabinet worked well. The Deputy Chief Executive added that a report on Localism was being presented to Cabinet on 28 November. This would clarify the some of the issues relating to the LAPs and explain the Council’s approach to Localism. The Leader said that that partnership working would continue and several meetings were scheduled to address any concerns. In response to this additional information, Mr G Williams agreed to withdraw his proposal. 2. Clarification was sought on possible changes to the Council’s senior management structure. The Leader explained that a restructuring of senior management was in progress. It was intended that a report would go to the Full Council meeting on 14 December 2011. There would be an initial restructuring of the Corporate Management team, to be in place for January 2012 and they would then work on the senior management restructure for April 2012. 3. A Member commented that the funding situation for the LAPs was very difficult and it would be useful if the Council could work with them to advise them on how to access alternative streams of income. The Deputy Chief Executive acknowledged that this was something that the Council were considering. She added that a meeting with the LAPs to discuss the way forward was imminent. The Leader said that she was Overview and Scrutiny Committee 7 16 November 2011 willing to meet with the Co-ordinators of the LAPs on an individual basis to offer advice on how to access additional revenue and reduce their costs. AGREED To recommend that all members should receive training on Localism and the implications for the Council. 83 OVERVIEW AND SCRUTINY UPDATE The Democratic Services Team leader updated the Committee on progress with topics in its agreed work programme 1. The Housing Services Manager had provided the information on SAP ratings requested at the last meeting. It had been published in the Member’s Bulletin. 2. The Joint Scrutiny Task Group for transport had met once and the minutes were available. The Democratic Services Team Leader was attending the next meeting on 21 November and would report back to the December meeting of the Committee. 3. Concerns about the sequencing of reports as highlighted by the presentation of the Annual Report at this meeting could be addressed by a Task and Finish Group. The Democratic Services Team Leader suggested that such a group was established to review the work programme template and witness protocol. 4. The minutes of the last meeting of the Norfolk Health Overview and Scrutiny Committee (NHOSC) were available. The Committee’s representative, Mrs A Claussen-Reynolds said that she was happy to take any comments back to the next meeting. A Member said that he had concerns about the length of time it took ambulances to arrive in rural areas. There was also a query about the number of ambulances serving the District. AGREED To raise the following with the Norfolk Health Overview and Scrutiny Committee: Concerns about the length of time ambulances were taking to respond to emergency calls Clarification of the number of ambulances and paramedic vehicles within the District. RESOLVED 1. To establish a Task and Finish Group to review the work programme template and the witness protocol and to appoint 4 Members. 2. That those Members be Mr P Moore, Mr R Reynolds, Mr B Smith and Mr G Williams The meeting concluded at 12.40 pm _________________________ Chairman Overview and Scrutiny Committee 8 16 November 2011