Please Contact: Mary Howard Please email: mary.howard@north-norfolk.gov.uk Please Direct Dial on: 01263 516047 Committee Administrator: Alison Argent: alison.argent@north-norfolk.gov.uk 14 May 2012 A meeting of the Overview and Scrutiny Committee of North Norfolk District Council will be held in the Council Chamber at the Council Offices, Holt Road, Cromer on Wednesday 23 May 2012 at 9.30a.m. At the discretion of the Chairman, a short break will be taken after the meeting has been running for approximately one and a half hours. Coffee will be available in the staff restaurant at 9.30 a.m. and at the break. Members of the public who wish to ask a question or speak on an agenda item are requested to arrive at least 15 minutes before the start of the meeting. It will not always be possible to accommodate requests after that time. This is to allow time for the Committee Chair to rearrange the order of items on the agenda for the convenience of members of the public. Further information on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263 516047, Email: democraticservices@north-norfolk.gov.uk Sheila Oxtoby Chief Executive To: Mrs A Claussen-Reynolds, Mrs A Green, Mr B Jarvis, Mr P Moore, Mr J H Perry-Warnes, Mr R Reynolds, Mr E Seward, Mr B Smith, Mr N Smith, Mr R Smith, Mr P Terrington and Mr G Williams. 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 (attached - p.1) (9.30 – 9.40) To approve as correct records, the minutes of the meeting of the Overview and Scrutiny Committee held on 28 March 2012 and the special meeting of the Overview and Scrutiny Committee held on 17 April 2012. 5. ITEMS OF URGENT BUSINESS To determine any other items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972. 6. DECLARATIONS OF INTEREST Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda. The Code of Conduct for Members requires that declarations include the nature of the interest and whether it is a personal or prejudicial interest. 7. PETITIONS FROM MEMBERS OF THE PUBLIC To consider any petitions received from members of the public. 8. CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER To consider any requests made by non-executive Members of the Council, and notified to the Monitoring Officer with seven clear working days notice, to include an item on the agenda of the Overview and Scrutiny Committee. 9. RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS OR RECOMMENDATIONS To consider any responses of the Council or the Cabinet to the Committee’s reports or recommendations. 10. THE FORWARD PLAN AND MANAGEMENT OF COUNCIL BUSINESS (attached – p.17) To discuss the Forward Plan and to consider the programme of business for Cabinet, Overview and Scrutiny, Audit and Full Council. 11. PERFORMANCE MANAGEMENT FRAMEWORK INCLUDING PERFORMANCE MANAGEMENT OF THE ANNUAL ACTION PLAN 2012/13 (Cabinet Agenda – 14 May 2012, p.9) (Appendix A – page 12; Appendix B – page 16) (9.40-10.05) Summary: This report presents the revised Performance Management Framework. In addition a draft set of performance measures being developed to performance manage delivery of the Annual Action Plan are presented for approval. Conclusions: A robust performance management framework is essential for the delivery of the council’s objectives as set out in the Corporate Plan 2012-15. Recommendations: That Cabinet approve: a) the revised Performance Management Framework, and b) the performance measures for the Annual Action Plan 2012/13 Cabinet Member(s): Keith Johnson Wards Affected: All Contact Officer, telephone number and email: 12. Helen Thomas, 01263 516214 Helen.Thomas@north-norfolk.gov.uk COMMUNITY ASSET TRANSFER POLICY (Cabinet Agenda – 14 May 2012, p.22) (Appendix C - page 24) (10.05 -10.30) Summary: This report sets out how the District Council will respond to requests from community groups to take over ownership of NNDC owned property assets. Conclusions: Under the Localism agenda, and in the new corporate plan, there is likely to be an increase in interest by community groups to request an asset transfer of District Council owned properties. A new policy is therefore needed to supplement the Property Acquisitions, Investment and Disposal Policy to ensure that the policy framework and procedures are in place to respond to such requests. Recommendations: To approve the Draft Community Asset Transfer Policy as the basis for consultation with relevant community groups, town and parish councils. Cabinet member(s): Wards affected All All Contact Officer, telephone number, Jill Fisher 01263 516037 and e-mail: Jill.Fisher@north-norfolk.gov.uk 13. A POLICY POSITION ON SECTION 106 FINANCIAL CONTRIBUTIONS ASSOCIATED WITH RETAIL DEVELOPMENTS (Cabinet Agenda – 14 May 2012, p.39) (10.30-10.55) Summary: 14. At the present time North Norfolk District Council does not have an agreed procedure or framework in respect of negotiating Section 106 contributions from new retail developments in the District. The Council is aware of a number of proposals for new retail developments which might be considered acceptable subject to assessing the impact of the proposals and any mitigating measures on established town centres in the District. The Council therefore needs to agree a procedure in respect of such proposals as a matter of some priority. Conclusions: In order to consider the impact of new retail proposals on the vitality and viability of established town centres across the District the Council should develop a clear procedure with regard to such proposals as a matter of priority. Recommendations: Cabinet is therefore asked to recommend to Full Council that the key principles detailed at paragraph 4.1 of this report form the basis of the procedure to be adopted by the Council in negotiating Section 106 contributions from new retail proposals be endorsed with effect from 1st June 2012. Cabinet member(s): Ward(s) affected Keith Johnson Wards in North Norfolk’s eight principal settlements Contact Officer, telephone.number, and e-mail: Steve Blatch, Corporate Director Tel:- 01263 516232 Steve.blatch@north-norfolk.gov.uk PLANNING ENFORCEMENT PROGRESS REPORT (attached – page 21) (11.10-12.00) Summary: This report outlines progress being made in clearing the backlog of outstanding enforcement cases which had built up by the end of 2011 Conclusions: Recommendations: Cabinet member(s): Keith Johnson To note the progress being made Ward(s) affected: All Contact Officer, telephone number, and e-mail: Steve Oxenham, Tel.01263 516135, Email. steve.oxenham@north-norfolk.gov.uk 15. OVERVIEW AND SCRUTINY UPDATE (attached – p.23) (Appendix D – p.27; Appendix E – p. 31, Appendix F – p.32) (12.00-12.15) Summary: This report updates the Committee on progress with topics in its agreed work programme (attached at Appendix D) and invites Members to identify any arising items for future meetings. The Scrutiny Committee’s working style and role is attached at Appendix E Conclusions: That progress is being made in some areas, others need to be monitored and opportunities for scrutiny should be discussed. Recommendations: That Members should consider any follow-up actions required on these topics. Cabinet Member(s) Ward(s) affected Mr T J FitzPatrick All Contact Officer, telephone number and email: Mary Howard, Democratic Services Team Leader, Tel.01263 516047, mary.howard@north-norfolk.gov.uk 16. EXCLUSION OF THE PRESS AND PUBLIC To pass the following resolution, if necessary: “That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph _ of Part I of Schedule 12A (as amended) to the Act.” 17. TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE PUBLIC BUSINESS OF THE AGENDA