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 September 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 Tuesday 25 September
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, Ms V R Gay, Mrs A Green, Mr B Jarvis, Mr P Moore, Mr J H PerryWarnes, Mr R Reynolds, Mr E Seward, Mr B Smith, Mr N Smith, Mr R Smith and Mr P Terrington.
All other Members of the Council for information.
Members of the Management Team, appropriate Officers, Press and Public.
If you have any special requirements in order to attend this
meeting, please let us know in advance
If you would like any document in large print, audio, Braille, alternative
format or in a different language please contact us.
Chief Executive: Sheila Oxtoby Corporate Directors: Nick Baker & Steve Blatch
Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005
Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
SUBSTITUTES
3.
PUBLIC QUESTIONS
To receive questions from the public, if any
4.
MINUTES
(Page 1)
(9.30 – 9.45)
To approve as correct records, the minutes of the meeting of the Overview and Scrutiny
Committee held on 24 July 2012.
5.
ITEMS OF URGENT BUSINESS
To determine any other items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government
Act 1972.
6.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any of the
following items on the agenda. The Code of Conduct for Members requires that
declarations include the nature of the interest and whether it is a disclosable pecuniary
interest.
7.
PETITIONS FROM MEMBERS OF THE PUBLIC
To consider any petitions received from members of the public.
8.
CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER
To consider any requests made by non-executive Members of the Council, and notified to
the Monitoring Officer with seven clear working days notice, to include an item on the
agenda of the Overview and Scrutiny Committee.
9.
RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS
OR RECOMMENDATIONS
To consider any responses of the Council or the Cabinet to the Committee’s reports or
recommendations.
10.
THE FORWARD PLAN AND MANAGEMENT OF COUNCIL BUSINESS
(Page 9)
To discuss the Forward Plan and to consider the programme of business for Cabinet,
Overview and Scrutiny, Audit and Full Council.
11.
12.
BUDGET MONITORING 2012/13 PERIOD 4
(Cabinet agenda, 10 September, 2012 page 35)
(Appendix A – page 44, Appendix B – page 45, Appendix C – page 48, Appendix D – page 52)
(9.45 – 10.05)
Summary:
This report summarises the budget monitoring position for
the revenue account and capital programme to the end of
July 2012 (period 4).
Conclusions:
The overall position at the end of period 4 shows a forecast
overspend of £69,074 for the current financial year on the
revenue account. The forward financial projections for the
period 2013/14 to 2016/17 are currently being worked upon
for the financial strategy that covers the same period and
will be presented to Members in October.
Recommendations:
It is recommended that:
1) Cabinet note the contents of the report and the
current forecast for the current financial year;
2) Cabinet note the current position on the approved
capital programme and approve the recommended
amendments.
Cabinet Member(s)
Cllr Wyndham Northam
Wards affected
Contact Officer,
telephone number
and email:
All
Karen Sly
01263 516243
Karen.sly@north-norfolk.gov.uk
PERFORMANCE MANAGEMENT–DELIVERY OF ANNUAL ACTION PLAN QUARTER 1
(Cabinet agenda, 10 September 2012, page 77)
(Appendix 1 – page 84, Appendix 2 – page 111, Appendix 3 – page 120)
(10.05 – 10.35)
Summary:
This report covers the performance of the Council
against the priorities set out in the Annual Action
Plan 2012/13.
Recommendations:
a) That Cabinet note the current position with
the waste and cleansing contract as set out
in the briefing note shown at appendix 3.
b) That two additional planning assistants be
recruited on a temporary basis for a 12
month period pending the outcome for the
peer challenge, to be funded from a
combination of the HPDG earmarked reserve
and the proposed national fee increase from
October 2012. That additional support for
planning enforcement, is progressed with the
Borough Council Kings Lynn & West Norfolk.
Cabinet Member(s)
Ward(s) affected
Cllr Keith Johnson
All
Contact Officer, telephone number and email:
Sheila Oxtoby, 01263 516000, sheila.oxtoby@north-norfolk.gov.uk
13.
COMMUNITY ASSET TRANSFER POLICY
Summary:
Conclusions:
(Page 14)
(Appendix A – page 17)
(Appendix B – page 32)
(10.35 – 11.00)
The draft Community Asset Transfer Policy was
submitted to Cabinet on the 14th May 2012 as a means
of the Council responding to requests from community
groups wishing to take over the Council’s assets. The
Policy was also considered at the Overview and
Scrutiny Committee meeting on the 23rd May which
agreed to Cabinet’s resolution of approving the draft
policy as a basis of consultation with relevant
community groups, parish and town councils, together
with considering support for capacity building and posttransfer care.
The consultation period closed on the 20th July 2012
with eight returns having been received. A copy of the
amended draft policy and the consultation returns are
attached under appendix A and B respectively.
The Policy should be amended to reflect observations
made by the Asset management board, together with
the Right to Bid and Right to Challenge provisions under
the Localism Act 2011.
Recommendations: For the Overview and Scrutiny Committee to
approve the return of the amended draft Policy to
Cabinet following the consultation responses
received.
Cabinet Member(s)
All
Ward(s) affected All
Contact Officer, telephone number and email: Martin Green 01263 516049
Martin.green@north-norfolk.gov.uk
14.
DEVELOPMENT OF THE NORTH NORFOLK INTEGRATED APPROACH TO COASTAL
MANAGEMENT
(Cabinet agenda, 10 September 2012, page 23)
(11.15 – 11.40)
Summary:
The Council is embarking on developing an integrated
approach to coastal management. The approach will
involve developing appropriate ways of managing the
coast with reference to the communities’ needs, coastal
processes, policy context and the availability of funding.
The approach will offer improved coastal information,
development of funding opportunities and
implementation of a broad spectrum of initiatives and
schemes for managing the coast across the frontage.
Conclusions:
The coast is a priority for this Council and it is vital that
an integrated coastal approach is adopted.
The approach will recognise the importance of protecting
the coastline, where possible, and will seek to realise the
resources to achieve this. It will also develop tools and
methods to assist communities affected by coastal
change and will seek to sustain and manage coastal
infrastructure. The approach will not be confined by a
boundary, but will be guided by the issues faced by our
coastal communities.
The integrated coastal approach will be delivered
through capital and revenue coast protection works,
partnership funding initiatives, implementation of the
Shoreline Management Plan Action Plans, development
of adaptive management measures and long term
infrastructure planning, all within the context of wider
coastal issues.
Throughout all the work streams, effective stakeholder
engagement will be essential; the Coastal Issues Forum
will be instrumental in achieving this as well as the
establishment of web based ‘Coastal Hub’. Where
required further specific engagement activities will be
undertaken.
Recommendations:
1. That the integrated approach to coastal
management, in particular the work schemes set out
in Table 1 of this report be endorsed.
2. That the remaining unallocated coastal Pathfinder
budget (approximately £65,000 revenue) and receipts
including the Coastal Erosion Assistance Grant
(£60,000 capital) and any income from successful
Pathfinder replacement housing are incorporated
into a new integrated coastal budget for the purpose
of funding specific coastal projects and resources in
line with the integrated approach.
3. That the allocation of the integrated coastal
budget is delegated to the Chief Executive in
consultation with the Coastal Portfolio Holder.
Cabinet Member(s)
Cllr. A. Fitch-Tillett
Contact Officer:
Rob Goodliffe 01263 516321
Rob.Goodliffe@north-norfolk.gov.uk
13.
NORTH NORFOLK HOUSING STRATEGY 2012-15 (MAKING BEST USE OF THE
EXISTING HOUSING STOCK)
(Cabinet agenda, 10 September 2012 Page 63)
(Strategy Document – page 66)
(11.40 – 12.25)
Summary:
Conclusions:
The North Norfolk Housing Strategy 2012-2015 will consist
of 3 separate documents reflecting the key areas of
supporting the delivery of new housing and infrastructure,
making the most effective use of the existing housing stock
and supporting independence. The first document on
Housing and Infrastructure has been completed and was
adopted by the Council in July 2012. The second of these 3
documents considers how to make the best use of the
existing housing stock in North Norfolk and contains a
detailed action plan for the period 2012/2015 setting out the
Council’s objectives.
The North Norfolk Housing Strategy 2012-2015 is a suite of
3 documents which address the following specific areas:
•
Supporting the delivery of new homes and
infrastructure
• Making best use of the existing housing stock
• Supporting
Vulnerable
Residents
to
Live
Independently in the Community.
Each document sets the context for the area it relates to
and includes a dedicated action plan. The second
document of the North Norfolk Housing Strategy 2012-2015
is now completed and is presented to Cabinet prior to
adoption by the Council.
Recommendations:
Cabinet recommends the adoption of the North Norfolk
Housing Strategy (Making Best Use of the Existing
Housing Stock) document to Full Council.
Cabinet Member(s)
Ward(s) affected
Keith Johnson
All
Contact Officer,
telephone number
and email:
16.
Karen Hill
01263 516183
karen.hill@north-norfolk.gov.uk
OVERVIEW AND SCRUTINY UPDATE
Summary:
(Page 33)
(Appendix C – page 39)
(Appendix D – page 43)
(Appendix E – page 44)
(Appendix F – page 50)
(12.25 – 12.35)
This report updates the Committee on progress with topics in
its agreed work programme (attached at Appendix C) and
invites Members to identify any arising items for future
meetings. The Scrutiny Committee’s working style and role is
attached at Appendix D.
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 followup actions required on these topics and
suggest any amendments to the Overview
and Scrutiny Committee Annual Review 2011
- 2012.
Cabinet Member(s)
Mr T J FitzPatrick
Ward(s) affected
All
Contact Officer, telephone number and email: Mary Howard, Democratic Services Team
Leader, Tel.01263 516047, mary.howard@north-norfolk.gov.uk
17.
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.”
18.
TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE
PUBLIC BUSINESS OF THE AGENDA
OVERVIEW AND SCRUTINY
Minutes of a meeting of the Overview and Scrutiny Committee held on 24 July 2012 in
the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am.
Members Present:
Committee:
Mr E Seward (Chairman)
Mrs A Claussen-Reynolds
Ms V R Gay
Mrs A Green
Mr P W Moore
Officers in
Attendance:
Members in
Attendance:
Also in
Attendance:
Mr B Smith
Mr N Smith
Mr R Smith
Mr P Terrington
The Chief Executive, the Corporate Director, the Revenues and Benefits
Services Manager, the Environmental Protection Team Leader and the
Scrutiny Officer.
Mrs P Grove-Jones, Mr P W High, Mrs A Moore, Mr W Northam, Ms B
Palmer, Mr R Shepherd and Mr D Young.
Mr James Bacon, Norfolk Credit Union
Democratic Services Officer (AA)
37 APOLOGIES FOR ABSENCE
Mr B Jarvis, Mr J Lee (Portfolio Holder), Mr J Perry-Warnes and Mr R Reynolds.
38 SUBSTITUTES
Mr R Shepherd for Mr R Reynolds.
39 PUBLIC QUESTIONS
None received.
40 MINUTES
The minutes of the meeting of the Overview and Scrutiny Committee held on 26 June
2012 were approved as a correct record and signed by the Chairman.
41 ITEMS OF URGENT BUSINESS
None received.
Overview and Scrutiny Committee
1
24 July 2012
42 DECLARATIONS OF INTEREST
Member(s)
Minute
Item
Interest
Review of Environmental
Services Contract
Personal and nonpecuniary: had put out
a bag of textile
recycling which was
not collected.
No.
Mr E Seward
47
43 PETITIONS FROM MEMBERS OF THE PUBLIC
None received.
44 CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A
MEMBER
None received.
45 RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S
REPORTS OR RECOMMENDATIONS
Recommendations from the Overview and Scrutiny Committee would be received at Full
Council on 25 July 2012.
To date there had been no response from Cabinet regarding the provision of a
temporary extra resource in Planning Enforcement. The Scrutiny Officer would follow up
on this, as well as a report on the Splash.
46 THE FORWARD PLAN AND MANAGEMENT OF COUNCIL BUSINESS
No comments were made.
47 SIX MONTHLY REVIEW OF ENVIRONMENTAL SERVICES CONTRACT
a) The Corporate Director explained that Barry Brandford was employed by King’s Lynn
and West Norfolk Borough Council but was also contracted to NNDC in an
Environmental Services Management role. This arrangement was working quite well
but Mr Brandford was also lead technical officer for the MRF (Materials Recycling
Facility) and was not able to make as much direct input into the team than if it was a
5-day per week arrangement.
b) The Contract with Kier had been in place for 15/16 months. Performance was as
expected from a new contract and a new contractor. Kier had made some significant
changes to the waste collection round, for example, changing the day of collection.
Customer satisfaction had been maintained at a reasonable level. Overall, where
there had been problems, Kier had resourced a solution.
c) There had been some problems with Kier’s IT systems and interface with NNDC.
This had not affected service provision which had been largely without problems.
d) Over 60,000 collections were made per week. The industry norm for missed
collections was 35 missed collections per 100,000. Officers had set the target of 15.
At its peak, during October/November, there were 214/279 missed collections per
100,000 due to round changes. NNDC had made every effort to communicate the
Overview and Scrutiny Committee
2
24 July 2012
SIX MONTHLY REVIEW OF ENVIRONMENTAL SERVICES CONTRACT (Continued)
changes but it was clear that some customers did not read the information given to
them. Missed collections were now down to 40-50 per 100,000. A robust
improvement plan had been put together and there was a commitment on the part of
the contractor to get things right.
e) Mr P Moore noted that there now seemed to be more people sweeping paths in North
Walsham and he had noticed a big improvement. He asked whether this was part of
the new contract. The Corporate Director said that this was so – the contract had
moved to an output specification which meant that sweeping took place as often as
was needed. Mr Moore congratulated Kier on their performance in this area.
f) Mr P Terrington said that in respect of the output specification, whilst cleansing was
carried out brilliantly in Wells, he had some concerns over whether this was effective
in villages. The Corporate Director replied that some additional input may be
required in villages, but all villages would be swept at times. Villages had a lot of
detritus (wash-off from fields) which blocked drains. This did not tend to be a priority
because it was in a rural area, but more priority was given to litter. Where there was
a considerable amount of detritus, Parish Councils could contact Environmental
Services or Kier and this would be addressed.
g) In response to a question from Mr P Terrington over whether kerbside textile
collections would be going ahead, the Corporate Director said that the textile
collection had been a trial. It had been impacted by higher textile prices which had
led to the theft of textile bags, and by other organisations making similar collections.
The cost of collecting 20,000 tonnes of textiles outweighed the recycling credits
which the Council could get and it was better to let another charity benefit. A number
of options were being considered.
h) The Corporate Director clarified to Mr R Shepherd that the number of collections
included garden waste and the number of missed collections equated to the number
of customer complaints received. This included customer error.
i) The Chairman asked how this tied in with Customer Services complaints. The
Corporate Director said that some complaints were directed at Kier. Others came via
Customer Services who would try to resolve them or refer the customer to Kier. Kier
fed complaints into their database which the Council could access.
j) Ms V Gay expressed concern regarding future change to Bring Sites as many
people were used to visiting certain sites. The Corporate Director explained that
changes to the sites were dependent on the dry recyclables contract for the MRF
unit. Technology had progressed since the MRF began. Plastics technology had
moved on and most places could now take a wider range of plastics. Cardboard and
glass could also be taken. The tonnage of glass was down already and there was
the question of what to do with glass banks – there could be a potential saving here.
k) In response to a question from Ms V R Gay regarding fuel usage, the Corporate
Director said that Kier had initially had to hire extra vehicles because some of the
vehicles they had procured were not suitable for North Norfolk. This had now been
resolved and the number of vehicles was back down to 13 instead of 15 and less fuel
was being used with a further drop expected.
l) Third Party Monitoring for Cleanliness did not add value to the contract and would be
discontinued at a saving of £15,000.
m) Mrs P Grove-Jones asked why it was necessary to pay for a garden waste collection
when it was turned into compost and sold. She considered that garden waste
collection customers should be given a bag of compost. The Corporate Director
advised that free bags of compost were available at the Green Build event which
would be advertised. The reason for charging for garden waste collection was that
some people did not have gardens and they should not subsidise it. Alternatively,
garden waste could be composted at home or taken to a County Council collection
centre.
Overview and Scrutiny Committee
3
24 July 2012
SIX MONTHLY REVIEW OF ENVIRONMENTAL SERVICES CONTRACT (Continued)
n) Mrs P Grove-Jones referred to fuel shortages earlier in the year and considered that
there should be a reserve tank nearby. The Corporate Director said that this matter
had previously been raised at a meeting of Full Council. Kier did not hold reserves of
fuel, but in the procurement process had stated that they would rely on an
emergency fuel plan but this did not come into effect until the Government
announced it. It had therefore been decided to suspend the waste collection service.
Kier had been asked to ensure that resilience was provided in future and were trying
to address this problem.
o) Mrs A Moore said that when verges on the A149 in North Walsham were cut, this
resulted in litter being pulled out. She asked whether Norfolk County Council advised
NNDC when they carried out cutting. The Corporate Director advised that cutting
was carried out by local farmer contractors and that this could be unpredictable. As
soon as the Council was made aware, they could arrange for litter pickers to tidy up.
p) Mrs A Claussen-Reynolds asked how quickly missed waste collections were picked
up. The Corporate Director said that there were different reasons for missed
collections, including changes of round or vehicle breakdown. It was important that
customers reported a missed collection within a day. Sometimes it was possible to
resolve the matter on the same day. Otherwise it would be the next working day.
q) Mr R Smith noted that street cleansing was very good in Sheringham but was
concerned at litter accumulating on the promenade. An organised litter pick of the
promenade took place every month and last month the litter on the foreshore had
been significant. He asked whether Kier cleaned the beach. The Corporate Director
responded that he was not sure whether Kier cleaned the beach apart from the Blue
Flag area. The accumulation of debris could be washed up by the tide. The
Chairman asked that the Corporate Director look into this and report back to Mr
Smith.
r) The Corporate Director explained to Mr R Smith that the IT systems interface had
three main problems; interface between the Council and Kier; in-cab technology and
the communications technology behind that – which was being installed and; getting
the routing right – the most efficient routes did not take account of, for example,
roads which were too narrow for vehicles. In response to a question about the
volume of calls to Kier, and how they were fed into the Customer Services system,
the Corporate Director said he would look into this and provide information to the
Overview and Scrutiny Committee via email.
s) A response from the Head of Environmental Services to a question from the
Committee on response to fly-tipping had been included in Overview and Scrutiny
Update. The Corporate Director responded to Mr B Smith that worsening
performance was partly due to it not being reported quickly, the interface issue and
the way in which the street cleansing crews were run.
t) The Corporate Director replied to Mr B Smith that tetrapaks could not be included in
the recycling bin because the materials they were made of contaminated the
cardboard stream. Hopefully, tetrapaks could be included in the dry recyclables
contract. Should the Council decide to include glass in its contract, it would be
collected in the recycling bin. The manual handling implication for handling glass,
however, was the weight. There were other ways of collecting glass. Empty paint
cans and those containing a small amount of paint could be disposed of in the
domestic rubbish bin. Paint cans with lids on must not be placed in the bin. The
Corporate Director would take Members’ questions regarding paint back to the
Environmental Services team for more clarification.
u) Mr P W Moore requested that an update on fly-tipping be included in the additional
information which the Corporate Director was providing for Members.
v) The Corporate Director replied to the Chairman that the continuation of textile
collections would be a decision for the Portfolio Holder and managers.
Overview and Scrutiny Committee
4
24 July 2012
RESOLVED
To note the report and to receive further information by email on the various items
raised.
48 REVIEW OF SURVEILLANCE POLICIES AND AUTHORISATIONS
a) Copies of a Member brief on Regulation of Investigatory Powers Act were distributed.
This is attached at Minutes Appendix A.
b) The Corporate Director said the legislation was designed to protect people’s privacy
and had only been used 5 times last year. Dog fouling was now excluded from this
as the legislation now only included covert surveillance. Some legislative changes
were expected later this year and their implementation would be incremental but
would be reported to Members. The Chairman asked to be kept informed.
c) It was proposed by Ms V Gay and seconded by Mr P Moore that this be reported
back to the Committee.
d) It was noted that one of the authorisations listed was a technical breach of the
legislation, but management of it was being reviewed.
e) The Corporate Director explained to Mr P Moore that some of the cameras used for
surveillance were movement activated.
RESOLVED
a) That Members note the report of authorisations made in the past year and note and
accept the delay to changes made to the policy in light of the on-going management
restructuring.
b) That the Overview and Scrutiny Committee is kept informed of progress and once the
policy is in draft form, it be brought to the Committee for pre-scrutiny.
49 NORFOLK CREDIT UNION PRESENTATION
Mr James Bacon made a PowerPoint presentation to Members on Norfolk Credit Union.
The slides could be made available to Members on request.
a) The Chairman suggested that the Council’s Outlook magazine could advertise the
service provided by Norfolk Credit Union.
b) Mrs A Claussen-Reynolds asked what training was given to volunteers. James
Bacon said that volunteers received a 3-hour training session and were supervised
for the first few weeks. He himself had a background in banking and a management
degree.
c) Mrs P Grove-Jones pointed out that the Credit Union was in direct competition with
loan sharks. She recalled national savings stamps which used to be sold to children
to encourage them to save. Stalham Town Council were interested in corporate
membership of the Credit Union and asked that it be drawn to people’s attention.
James Bacon responded that he was willing to come and talk to groups.
d) James Bacon explained to Mr D Young that whilst people could save with Norfolk
Credit Union, it was not an instant access account and notice would be required for
any withdrawals. A current account could also be opened. Broadland and Breckland
District Councils were working with the Union and South Norfolk Council was
intending to work with them.
e) Mr P Moore asked what type of security vetting was in place for volunteers. James
Bacon said that depended upon the environment you were working in. In schools, a
CRB check was required.
f) James Bacon replied to Mr B Smith that there was a charge of 98p per week on a
current account.
Overview and Scrutiny Committee
5
24 July 2012
NORFOLK CREDIT UNION PRESENTATION
(Continued)
g) Ms V Gay was very interested in the Money Magic course but had concerns that any
person with literacy problems might be deterred from attending a course if it was held
in a school. James Bacon noted this and said that the course was put together for
adults but was now being tailored for children.
h) The Democratic Services Team Leader said that an item could be prepared to be
published in Outlook magazine.
i) Mr D Young requested that Members be emailed application forms for use in their
wards.
j) The Chairman thanked James Bacon for his presentation.
The meeting was adjourned at 11.30am and reconvened at 11.45am.
50 ANIMAL CONTROL UPDATE
a) The Environmental Protection Team Leader reported that Environmental Health
Officers were now picking up duties previously undertaken by the Pest Control
Officers. There was, however, a training requirement for Officers. A Pest Control
Officer post had been made redundant and the main impact was on rat control.
There were no implications for dog fouling because this was enforced by
Environmental Protection Officers.
b) Mr R Shepherd considered that some convictions would be helpful in preventing dog
fouling. The Environmental Protection Team Leader responded that patrolling was
now carried out on a more intelligence-based approach. Convictions depended on a
member of the public’s willingness to give evidence in court.
c) Mr P Moore asked whether patrols were high visibility or low key. The Environmental
Protection Team Leader said that they were both: high visibility to advise people and
get the message across, but where there was a problem a low key approach would
be taken.
d) Officers carried a small supply of bags to hand out where appropriate but this had a
cost implication and it was the dog owner’s responsibility to provide them.
RESOLVED
To note the contents of the report.
51 SHARED SERVICES INCLUDING ICT PROCUREMENT FOR REVENUES AND
BENEFITS REPLACEMENT SYSTEMS
a) The Revenues and Benefits Services Manager made a PowerPoint presentation, the
slides for which are attached at Minutes Appendix B.
b) Mr P W Moore suggested that Members be kept up to date on progress through
regular reports. He had a number of questions which he would let the Revenues and
Benefits Services Manager have so that she could email the answers to Members of
the Overview and Scrutiny Committee.
c) Ms V R Gay asked whether there was a backlog of work. The Revenues and
Benefits Services Manager replied that there was six weeks of work outstanding in
Benefits but this was improving as the staff became more familiar with the system.
Dedicated staff, including agency staff, were addressing the backlog. The Revenues
work was approximately five weeks behind.
d) Ms Gay expressed concern at the limited timescale for the implementation of Council
Tax Localisation and any risk to the Council. The Chief Executive said that the main
Overview and Scrutiny Committee
6
24 July 2012
SHARED SERVICES INCLUDING ICT PROCUREMENT FOR REVENUES AND
BENEFITS REPLACEMENT SYSTEMS
(Continued)
risk was to the County Council. A working party had been set up by Cabinet to
oversee the implementation and there was confidence that it would be delivered on
time.
e) Mr W Northam said the Council’s Revenues and Benefits staff were working well
under pressure and he congratulated them on what they had achieved so far. The
Partnership was working as a team.
f) The Chairman expressed the hope that, when necessary cabling work had been
completed, the process would be speeded up and asked that a further report on
performance issues be made to the November meeting of the Committee. The Vice
Chairman supported this.
RESOLVED
a) That an update report be made to the November meeting of the Committee.
b) That the list of questions from Mr P W Moore together with answers be circulated to
the Committee.
52 REVIEW OF OUTSIDE BODIES
a) This item was deferred to the September meeting of the Overview and Scrutiny
Committee.
b) More information was requested by Mr R Smith on Norfolk Tourism.
c) The Democratic Services Team Leader replied to Mr B Smith that she did not believe
that the removal of the North Norfolk Community Transport Partnership from the list
of Outside Bodies would affect NWACTA as it came under the Community Strategic
Partnership but she would look into this.
d) Ms V R Gay said that the North Norfolk Skills Partnership carried out very important
work to raise the standards of skills in North Norfolk.
e) Mr P Terrington asked for clarification regarding nominations to Outside Bodies. The
Democratic Services Team Leader explained that nominations to Outside Bodies
were made by Full Council unless they were specific to a particular role or portfolio.
RESOLVED
to defer until September.
53 OVERVIEW AND SCRUTINY UPDATE
a) The Democratic Services Team Leader informed the meeting that the first meeting of
the Council Tax Working Party was to take place on 8 August 2012.
b) Broadland District Council was discussing public transport recommendations on
Tuesday 31 August at 10am. Mr B Smith and Mr P Moore would attend the meeting.
c) The first meeting of the Police and Crime Panel had taken place on 20 July. It had
been attended by Mr R Shepherd. The Chairman and Vice-Chairman had been
elected and it had been agreed that future meetings would take place at Norfolk
County Council as it was more central.
d) Mr P Moore informed Members that Sadlers Wood had received a Flag Award.
Consultations were taking place on setting out the play area which, because of the
work involved, would mean it was unavailable during the summer holidays.
Overview and Scrutiny Committee
7
24 July 2012
OVERVIEW AND SCRUTINY UPDATE
(Continued)
e) A briefing on the proposed changes to the NHS would be welcomed by the
Committee. The Scrutiny Officer would discuss this initially with the Health
Improvement Officer.
f) Mr P W Moore said Mr G Williams hoped to make a report to the Committee on the
Task and Finish Group and would be available to do so in October.
The meeting concluded at 12.50pm.
____________________
Chairman
Overview and Scrutiny Committee
8
24 July 2012
North Norfolk District Council
Cabinet Work Programme & Forward Plan
For the Period 01 September to 31 December 2012
Decision Maker(s)
Meeting
Date
Subject &
Summary
Cabinet
Member(s)
Cabinet
10 Sept 2012
Housing Strategy
Part 2 – Making best
use of existing
stock
Keith Johnson
Karen Hill
Housing Services
Manager
01263 516183
Cabinet
10 Sept 2012
Budget Monitoring
Period 4
Wyndham
Northam
Cyclical item
Overview & Scrutiny
25 Sept 2012
Karen Sly
Financial Services
Manager
01263 516243
Cabinet
10 Sept 2012
Performance
Management
Keith Johnson
Cyclical
Overview & Scrutiny
25 Sept 2012
Helen Thomas
Policy & Performance
Management Officer
01263 516214
Cabinet
10 Sept 2012
Angie FitchTillett
Overview & Scrutiny
25 Sept 2012
Development of the
North Norfolk
Integrated
Approach to
Coastal
Management
Rob Young
Coast & Community
Partnerships Manager
01263 516162
Cabinet
10 Sept 2012
Enterprise Norfolk
Tom
FitzPatrick
Key Decision
9
Consultations/ Comments can be
Background
sent to
documents
Two hard copy
background
documents are
available on
request
Robin Smith
Economic & Tourism
Development Manager
01263 516236
Status &
Documents
Submitted
North Norfolk District Council
Cabinet Work Programme & Forward Plan
For the Period 01 September to 31 December 2012
Decision Maker(s)
Meeting
Date
Subject &
Summary
Cabinet
Member(s)
Cabinet
15 Oct 2012
Financial Strategy
2013/14
Wyndham
Northam
Cabinet
15 Oct 2012
Empty Homes
Policy
Keith Johnson
Cabinet
15 Oct 2012
4 Market Street &
Butchery Public
Conveniences,
North Walsham
Wyndham
Northam
Cabinet
15 Oct 2012
Splash, Sheringham
John Lee
Nick Baker
Corporate Director
01263 516221
Cabinet
15 Oct 2012
Housing Strategy &
Enforcement Policy
Part 3
Keith Johnson
Karen Hill
Housing Services
Manager
01263 516183
Cabinet
15 Oct 2012
North Walsham
Joint Use Sports
centre
John Lee
Nick Baker
Corporate Director
01263 516221
Key Decision
10
Consultations/ Comments can be
Background
sent to
documents
Karen Sly
Financial Services
Manager
01263 516243
Karen Hill
Housing Services
Manager
01263 516183
Robert Young
Coast & Community
Partnerships Manager
01263 516162
Status &
Documents
Submitted
North Norfolk District Council
Cabinet Work Programme & Forward Plan
For the Period 01 September to 31 December 2012
Decision Maker(s)
Meeting
Date
Subject &
Summary
Cabinet
Member(s)
Cabinet
15 Oct 2012
Gypsy & Traveller
protocol
John Lee
Mark Whitmore
Environmental
Protection Team Leader
01263 516206
Cabinet
15 Oct 2012
Big Society Fund –
grants over £10,000
Trevor Ivory
Cabinet
15 Oct 2012
Wyndham
Northam
Full Council
24 Oct 2012
Council Tax
Discounts
Determinations
Robert Young
Coast & Community
Partnerships Manager
01263 516162
Karen Sly
Financial Services
Manager
01263 516243
Cabinet
15 Oct 2012
Reception
Refurbishment
Project
Tom
FitzPatrick
Cabinet
5 Nov 2012
Budget Monitoring
Period 6
Wyndham
Northam
Cabinet
5 Nov 2012
Performance
Management
Keith Johnson
Key Decision
11
Consultations/ Comments can be
Background
sent to
documents
Estelle Packham
Head of Customer
Services
01263 516
Karen Sly
Financial Services
Manager
01263 516243
Helen Thomas
Policy & Performance
Management Officer
01263 516214
Status &
Documents
Submitted
Cyclical
Cyclical
North Norfolk District Council
Cabinet Work Programme & Forward Plan
For the Period 01 September to 31 December 2012
Decision Maker(s)
Meeting
Date
Subject &
Summary
Cabinet
Member(s)
Cabinet
5 Nov 2012
Housing Renewal
Policy
Keith Johnson
Karen Hill
Housing Services
Manager
01263 516183
Cabinet
5 Nov 2012
Wyndham
Northam
Overview & Scrutiny
21 Nov 2012
Treasury
Management Half
Yearly Report
2012/13
Tony Brown
Technical Accountant
01263 516126
Full Council
19 Dec 201209-04
Cabinet
3 Dec 2012
2012/13 Revised
Budget
Wyndham
Northam
Overview & Scrutiny
18 Dec 2012
Tony Brown
Technical Accountant
01263 516126
Full Council
19 Dec 2012
Cabinet
3 Dec 2012
Allocations Policy
and Local Lettings
Agreement
Keith Johnson
Karen Hill
Housing Services
Manager
01263 516183
Cabinet
3 Dec 2012
Council Tax
Support Scheme
(Final)
Wyndham
Northam
Karen Sly
Financial Services
Manager
01263 516243
Key Decision
12
Consultations/ Comments can be
Background
sent to
documents
Status &
Documents
Submitted
North Norfolk District Council
Cabinet Work Programme & Forward Plan
For the Period 01 September to 31 December 2012
Signed
Keith Johnson, Leader of North Norfolk District Council 1st September 2012
Key Decision
13
Agenda Item No______13______
COMMUNITY ASSET TRANSFER POLICY
Summary:
The draft Community Asset Transfer Policy was
submitted to Cabinet on the 14th May 2012 as a means
of the Council responding to requests from community
groups wishing to take over the Council’s assets. The
Policy was also considered at the Overview and
Scrutiny Committee meeting on the 23rd May which
agreed to Cabinet’s resolution of approving the draft
policy as a basis of consultation with relevant
community groups, parish and town councils, together
with considering support for capacity building and posttransfer care.
The consultation period closed on the 20th July 2012
with eight returns having been received. A copy of the
amended draft policy and the consultation returns are
attached under appendix A and B respectively.
Conclusions:
The Policy should be amended to reflect observations
made by the Asset management board, together with
the Right to Bid and Right to Challenge provisions under
the Localism Act 2011.
Recommendations:
For the Overview and Scrutiny Committee to
approve the return of the amended draft Policy to
Cabinet following the consultation responses
received.
Cabinet Member(s) All
Ward(s) affected All
Contact Officer, telephone number and email: Martin Green 01263 516049
Martin.green@north-norfolk.gov.uk
1.
Introduction
1.1
The Localism agenda has generated interest by Third Sector Organisations
(TSO’s) which may seek to succeed the management of community assets,
including land and buildings currently held in public ownership. This draft
Policy is set to provide a framework to manage and enable the transfer of
Council assets to such groups, setting down criteria for doing so. The Policy
acknowledges the distinctions and specific criteria of the Community Right to
Buy and Right to Challenge Provisions as set out in regulations emanating
from the Localism Act 2011.
14
1.2
The Council’s Corporate Plan includes the priority “to embrace the
Government’s Localism agenda to empower individuals and communities to
take more responsibility for their own futures and to build a stronger civic
society.” The Annual Action Plan states that “we will establish a protocol and
put in place the means to respond positively to requests from Town and
Parish Councils to share in the benefits of growth” and “subject to guidance,
we will assess expressions of interest from voluntary or community groups
who wish to take over the running of a service and/or community asset, and
complete the initial assessment within three months of receiving the request.”
This policy provides an important means by which communities may take
over the running of services within their area/communities and to ensure that
in this process, address the property asset element of these actions.
2.
The Community Asset Transfer Policy
2.1
The proposed policy document can be found in Appendix A. It sets out a
procedure to follow in the determination of requests for the transfer of
NNDC’s assets.
2.2
The Asset Management Board considered a draft of this policy on the 12
March 2012, when it was proposed that a period of consultation take place
with community groups, parish and town councils. The policy was presented
before Cabinet on the 14 May 2012 and the Overview and Scrutiny
Committee on the 23 May 2012, with observations in respect of capacity
building and post transfer monitoring being taken into consideration.
2.3
The consultation period was both web-based together with letters being sent
to interested community groups. The consultation period closed on the 20
July 2012 with eight responses being received (from a mix of Parish and
Town Councils) – attached as Appendix B. These responses were considered
at the Asset Management Board meeting of the 30 July 2012 where there
was agreement to take an amended policy forward for Cabinet and Full
Council. The responses varied with enquiries being made regarding a local
list of the District Councils assets within individual areas to that of welcoming
the principle of the policy.
3.
Implications and Risks
3.1
The adoption of a Community Asset Transfer policy with clear procedural
guidelines should reduce the council’s corporate risk, as greater clarity will be
provided to applicants, members and staff.
3.2
For those assets transferred, following this policy, the legal responsibility for
assets will become that of the transferee whether by freehold transfer or long
lease, in respect of maintenance and legislative responsibilities.
4.
Financial Implications and Risks
4.1
The adoption of the policy should have no financial implications. The financial
implications of acquisitions or disposals will be considered on a case by case
basis with reference to the Asset Management Board at all stages and
Cabinet when making decisions on individual cases. The policy does relate to
15
disposals at less than best consideration for which there will be financial
implications for the council.
5.
Equality and Diversity Implications
5.1
No equality and diversity implications have been identified in adopting this
policy.
6.
Sustainability
6.1
It is hoped that the transfer of buildings into community ownership and
management will ensure that buildings are used sustainably.
7.
Section 17 Crime and Disorder considerations
7.1
No section 17 crime and disorder considerations have been identified in
adopting this policy.
16
Appendix A
North Norfolk District Council
Community Asset Transfer Policy
17
Contents
1. Background
2. Policy context
3. Policy statement.
4. Legal context
5. The Community Asset Transfer process.
Appendices
18
1. Background and Purpose
1.1. The purpose of this policy is to set a clear framework to enable asset transfer
from the Council to Third Sector Organisations (TSOs) and ensure transfers are
sustainable and successful in the long term. The policy recognises the Right to Bid
and Right to Challenge provisions under the terms of the Localism act 2011. Due
reference should be made to guidance available from both the Department for
Communities and Local Government (DCLG) and that of the Council’s relevant
Communities officers in respect of approaches received under those provisions. Also
see 1.5 and 1.6 below.
1.2. The “Third Sector” is the voluntary sector of the economy which is neither public
(such as central or local government) nor private sector (such as private individuals
or profit-making business). With the Big Society and Localism initiatives, it is the
Third Sector which is now being promoted as one of the most efficient and productive
elements of a dynamic and healthy society. However, lower tiers of local government
(parish and town councils) are included within this initiative.
1.3. For the purposes of this policy, a community asset is defined as an asset owned
by the District Council which is not held for investment reasons and not essential for
operational purposes. It may include operational assets such as Tourist Information
Centres, Public Conveniences, Community Centres, Theatres and Sports Clubs.
Asset transfer can relate to freehold transfer but, more commonly, a long-term (over
25 years) lease.
1.4. An asset transfer decision will usually be a choice between:
•
Maintaining the status quo;
•
Commercial disposal on the open market;
•
Seeking the service and community benefits generated by a decision to
transfer an asset to a TSO (Community Asset Transfer);
This policy relates to the situation when the last of these three choices is the
appropriate one.
1.5. It is important not to confuse Community Asset Transfer with the provisions of
the Localism Act relating to disposal of Assets of Community Value. Essentially, the
19
Localism Act will introduce a moratorium on sale of “Assets of Community Value” to
allow community groups a right to make a bid (at open market value). The list of
Assets of Community Value will relate to both public and privately held assets. The
government is in the process of producing guidance in relation to the relevant
sections of the Act which have yet to come into force.
1.6. The Localism Act also provides the Community Right to Challenge in which a
right is provided in the first instance to community or voluntary groups to request
taking on themselves the provision of services provided by the local authority. In
some cases, there may be a relationship between taking on a service and related
local authority assets. However, at this stage, this policy considers the process for
discretionary community asset transfer outside of the provisions of the Localism Act
2011.
1.7 The term ‘community asset transfer’ relates primarily to long leasehold or
freehold transfer in order that the asset may be used or managed by a TSO at less
than ‘open market value’ e.g. transferred as a gift or leased for a peppercorn or
below market rental.
2. Policy context
2.1. The 2006 Local Government White Paper confirmed the last Government’s
intention to increase opportunities for community asset ownership and management,
and promoted asset transfer as part of a local authority’s ‘place-shaping’ role. The
Secretary of State for Communities commissioned Barry Quirk, Chief Executive of
the London Borough of Lewisham to carry out a review into the barriers preventing
community asset transfer. It also indicated that a fund would be established to help
with this, later announced as the £30 million Community Assets Fund managed by
the Big Lottery Fund.
2.2. The ‘Quirk Review’s’ findings Making Assets Work were published in May 2007.
All the Review’s recommendations were accepted by the Government and published
a week later as an implementation plan in Opening the transfer window: the
government’s response to the Quirk Review. The Government’s plan for taking the
review forward included an asset transfer demonstration programme with local
authorities and their partners, a guide to managing risks in asset transfer and a
series of regional awareness-raising workshops.
20
2.3. The Quirk Review found that a careful increase in the community’s stake in an
asset can bring a wide range of additional benefits for the community, the
organisation receiving the asset and the local authority facilitating the transfer. The
benefits of community ownership and management can outweigh risks and
opportunity costs.
2.4. The Government’s Empowerment Action Plan published in 2007 included
actions relating to the transfer of assets and to a programme of support for
community anchors, including the availability of further funding to support the
development of anchors.
2.5. In July 2008 the Communities and Local Government White Paper “Communities
in Control: real people, real power” confirmed ongoing support for the Quirk review,
announced the establishment of a national Asset Transfer Unit, extended the
Advancing Assets programme by a further year and announced a £70m “Community
Builders” fund. The origins of this agenda go back to the ODPM’s 2003 Communities
Plan Sustainable Communities: Building for the future). This acknowledged that
sustainability is only possible where local communities play a leading role in
determining their own future development.
2.6. The Localism Act was given royal assent in November 2011. The Government’s
agenda is to continue and extend the previous government’s policy of asset transfer
for community benefit. The Council’s Asset Management Plan will ultimately be
adjusted to take account of the new Localism Act provisions (re Assets of Community
Value and the Community Right to Challenge mentioned above.)
2.7. As mentioned above, this policy does not concern “market value” transfers which
are dealt with as part of the Council’s Asset Management Plan.
2.8.The Council has a long record of commitment to supporting community groups
and the principles of Community Asset Transfer. The following local policy
documents cite asset management and transfer to the third sector/partners as central
objectives:
• The Corporate Plan
• The Asset Management Plan
21
3. Policy statement
3.1. The Council recognises that the way its physical assets are managed can have a
positive impact on the long-term strength of the third sector and local communities
more generally. Through asset ownership and management, TSOs can grow and
become more secure, gaining access to sources of additional investment that the
Council itself may not be able to access. The aim is to ensure that the way assets are
managed underpins the wider corporate aims and where appropriate, will use asset
transfer as a means of enabling TSOs to become sustainable on a long-term basis.
3.2. The Council’s existing assets include land, buildings and other structures used
for a variety of different social, community and public purposes. For some of these
assets community management and ownership could deliver:
•
benefits to the local community; e.g. closer association and influence over the
management of the facility making it more responsive to local needs with
reduced overhead running costs (enabling fees and charges to be kept
relatively low) ;
•
greater use of the facility with the potential to increase new social and
economic opportunities for communities that extend their capacity to support
localities and organisations where they live and improved health and other
well being outcomes for the community.
•
benefits to the Council and other public sector service providers; e.g.
improved levels of volunteering, civic participation, and engagement in
positive activities in the area; reduced financial implications for the Council,
including staff and asset overhead costs and business rates.
•
benefits for the organisation taking ownership; both financial and non
financial; e.g. charitable tax exemptions, improved access to funding
opportunities at local, regional and national levels for both capital and
revenue based support; accessible staff and/or volunteer learning and
development opportunities as part of a career path; building partnership with
other organizations and users to promote economic development and social
enterprise.
22
3.3. Public assets are rarely used by everyone, their ‘value’ being locked-in to a
particular use or a particular group of people. However, changing ownership or
management can offer such groups opportunities to capacity build in order to make
assets and their services more accessible, more innovative, more flexible and more
relevant to communities, increasing their value in relation to the numbers of people
that benefit and the range of opportunities offered. Community-lead ownership can
offer additional opportunities to secure resources within a local area and to empower
local citizens and communities.
4.
Legal Context
4.1. As Community Asset Transfers, under this policy, will be at under market value,
community benefit will have to be demonstrated pursuant to s123 Local Government
Act 1972 as further refined by Local Government Act 1972: General Disposal
Consent (England) 2003.
4.2. Under this statutory guidance, community benefit is judged in terms of whether
the disposal will secure the promotion or improvement of the economic, social and
environmental well being of the inhabitants of the district. In these respects an
assessment will be made of the TSO’s Business Plan, their experience/skills to
deliver the Plan and to complement the Council’s Corporate objectives such as
promoting tourism, environmentally sustainable economic growth and healthy
lifestyles.
4.3. Independence of the TSO from the Council will need to be demonstrated in order
to maintain clarity of roles and responsibilities in any partnership arrangements or
agreements.
4.4. It is important to note that Community Asset Transfer will not involve a freehold
transfer in most cases. Even in a situation where a TSO is a fully constituted charity
with corporate status, a long lease at peppercorn rental will, in general, be the
preferred option in relation to the use of valuable assets as a leasehold structure
provides legal mechanisms through which the Council’s interests of provision of
community benefit can be protected in the long term.
4.5. In cases where the organisation is an unincorporated association which is not
registered as a charity, it is likely that the only appropriate option will be a shorter
23
term lease (e.g. up to 15 years) but, again, with below market rental. The reason for
this is that the Council would always wish to avoid the intractable legal problems
which can occur when land is transferred into the name of private individuals on trust
for an unincorporated association. For example, if a property is held by a number of
individuals as trustees, then upon their retirements or deaths the property must be
formally assigned to new trustees. However, it is easy for small voluntary
organisations to omit to take on such an onerous task of formal legal transfer (which
can only take place by deed). This may ultimately lead to a situation in which all the
original trustees retire or die and the true legal owner is untraceable. For this reason
(inter alia), any TSO which seeks to take a long lease or freehold, must first gain
charitable status and/or incorporate as a not-for-profit company.
5
The Community Asset Transfer Process
The Council will consider requests for Community Asset Transfer in the following
manner, via the Asset Management Board which will be reported to after each stage
below;
•
Initial application and response (1&2)
•
Full application (3)
•
Agreement of Heads of Terms and Asset Management agreement
(4&5)
•
Cabinet Decision (6)
•
Legal Transaction (7)
There are seven key stages in this application process including the requirements of
an applicant together with an eighth stage which is in respect of post transfer, as set
out below:
Stage 1: Initial application
A TSO which believes it could successfully take over and run a Council-owned
property should submit an initial application and expression of interest to the Head of
Service for Assets. They should use the application form shown in Appendix 1 or
submit a more informal request. An informal request will probably be no more than 23 sides of A4 and it should contain the following information.
•
•
•
•
•
Name of Organisation
Contact details
Address for correspondence
Telephone number
Email address
24
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Status of organisation (charity, club, new group)
Charity or Company registration number
Date when organisation established in present form
Governance arrangements (e.g. constitution, set or rules etc)
Proposals for incorporation, registration as CIC or application for charitable
status (if these have not yet been achieved).
Number of members
Number of members of management committee
Number of staff/volunteers
Insurance policy/public liability/professional indemnity levels of cover
Details of lease and name of current trustees (if currently a sitting tenant
holding as unincorporated association)
A short statement saying why the asset is needed
If the applicant is a sitting tenant, a statement saying why an extended lease
or freehold transfer is needed
Future objectives upon transfer
Details of indications of support from sponsors.
Stage 2: Initial response
All initial applications will be report to the Asset Management Board with a
recommendation to continue or to reject, providing reasons for rejection which will be
shared with the applicant.
If the Asset Management Board agrees that the proposal has merit, the applicant will
be asked to submit a full application.
Stage 3
Full application
A full application to be submitted by a TSO will include the following:-
1)
A statement of objectives (a mission statement for the organisation).
2)
Full details of legal form of the organisation (NB for consideration of a grant of
a long leasehold interest of over 15 years, it must have corporate or charitable status
or both).
3)
Details of the asset applied for and the holding sought with reasons including
details of funding and external funding commitments or opportunities.
4)
A business plan for the whole organisation (not just a specific project)
demonstrating the following:How asset will be used
•
A summary of wider benefits for the organisation, the public and the Council.
25
•
Stakeholders engaged in current and future management and use of the
asset
•
Core activities and services delivered currently
•
Proposed projects, activities and actions that will be developed through future
management of the asset
•
Organisational management (structure, number, posts both paid and
voluntary)
•
Experience and track record including experience/expertise of management
board etc
•
Robustness of governance structure (in place or being developed)
•
Details of partnership working if any
•
Community involvement and engagement currently and in the future
•
User involvement (including membership information, age profile of users,
public use, educational use)
•
Financial projections including a three year cash-flow forecast, projected
income and investment (grants/loans) including any relating to development
of the asset and consideration of overheads such as utilities and business
rates
•
Analysis of funding opportunities with realistic assessment of risk
•
Projected facility user numbers and rates of use over three year period
•
Effective management of the asset (bookings, health and safety, repair and
maintenance)
•
Professional advice or details of advisers to be used and how this will be
funded
5) Sitting tenants should additionally demonstrate:
•
Effective management and maintenance of the asset to date
•
Last three years’ accounts
•
Sufficiently wide and diverse membership
•
Effective bookings system
•
Suitable occupancy agreements for any third party use
Stage 4: Consideration, valuation and negotiation
Following submission of a full application, the Head of Service for Assets will appoint
a member or members of his/her team to correspond with the TSO to consider
professional valuation of the asset (if that is deemed necessary and, if so, how the
26
valuation is to be funded) and to draft Heads of Terms. The Council will also arrange
for an internal title report to be produced to identify any legal issues such as
restrictive covenants which may affect the asset.
While stated briefly, this stage will probably be the longest in duration. It may take
several months to complete and involve significant, detailed work and
correspondence. If it is not possible to agree Heads of Terms, the reasons will be
given to the applicant and alternatives (such as short term lease or licence) will be
explored. By way of additional policy guidance, in assessing the merits of the
application and negotiating Heads of Terms, the Council will ask itself the questions
set out in the Appendix 2 below.
Stage 5: Report to AMB
If Heads of Terms are agreed, the Head of Service for Assets will submit a report to
the Asset Management Board containing the full application and the business plan
with recommendation as to the specific details of the proposed asset transfer which
have been provisionally agreed with the TSO i.e. heads of terms, leasehold
conditions, asset-lock proposals etc.
The Asset Management Board will consider the report and decide whether the
transfer should proceed and add further conditions, or not as it deems necessary.
In the event that the AMB recommend the proposed asset transfer, a report will be
submitted to Cabinet recommending that authorisation is granted to proceed.
The impact on Council resources needs to be assessed by the Asset Management
Board. This might include:
•
The level of initial and ongoing support/advice required from services e.g.
Property, Legal, Environmental, Planning
•
Any capital contribution, match funding or loans required
•
Initial involvement in setting up a legal trust body, social enterprise or legally
constituted community group
•
Ongoing obligations that may fall to the Council under the terms of a Lease
and associated costs that it incurs as a result of those obligations
•
Consideration of an exit strategy in the event that the asset transfer fails.
Stage 6: Report to Cabinet
27
Cabinet will consider the report and add any conditions they deem appropriate or not
and, should they agree with the recommendation will provide delegated authority to
the Council’s Legal and Democratic Services Manager to carry out the transaction.
Stage 7: Legal transaction
The applicant will be informed of the Cabinet’s decision and in the event that the
decision is to proceed with transfer, the legal process of Asset transfer will be carried
out between the Council’s lawyers and the applicant TSO’s lawyers. Again, while
simply stated, the legal process may take several months depending on the
complexity of the title or proposed lease and the readiness of the applicant to engage
in the legal process that is required for transfer of the asset to be completed.
Stage 8: Monitoring and Support
Once completed, the performance of the applicant TSO will be monitored with advice
and support provided when deemed necessary to assist and enhance its future and
viability.
28
Appendix1: Application form
COMMUNITY ASSET TRANSFER
APPLICATION FORM
Name of Community Group or Organisation
Contact address
Email
Telephone number (s)
Status of organisation
(charity, club, new group)
Charity and/or Company
registration number
Date when organisation
established
in present form
Governance arrangements
(e.g. constitution, set or
rules etc)
Proposals for
incorporation, registration
as CIC or application for
charitable status (if these
have not yet been
achieved)
Accounts available (Y/N)
How many years accounts?
Number of members
Number of members of
29
management committee
Number of staff/ volunteers
Insurance policy/public
liability/professional
indemnity levels of cover
Details of lease and name
of current trustees (if
currently a sitting tenant
holding as unincorporated
If the applicant is a sitting
tenant a statement saying
why an extended lease or
freehold transfer is needed
Future objectives upon
transfer
Details of indications of
support from sponsors
Any other relevant
supporting information
A short statement saying why the asset is being requested for transfer
30
Appendix 2
Assessment of application
•
Is it part of long-term support to / engagement and partnership with the
third sector?
•
Is it sustainable in the long term (for both the TSO and the Council) and
are the terms and conditions imposed upon the TSO not unduly onerous
but reasonable and affordable (TSO governance arrangements,
robustness of Business Plan and terms of any Service Level Agreement)?
•
Does it complement the Council’s corporate strategy and priorities,
allowing a comparison with open market disposal?
•
Does the assessment of the TSO’s Business Plan identify clear economic,
social or environmental outcomes and demonstrate the TSO’s ability and
experience to deliver these?
•
Can the community benefit be demonstrated under the Local Government
Act 1972: General Disposal Consent (England) 2003, if the Council is
considering disposal for less than open market value?
•
Does the TSO have policies and commitment towards actions on
staff/volunteer training and development, safeguarding children, equalities
and climate change, or is seeking to provide to meet the conditions of
asset transfer?
•
Has the proposed transfer been appraised alongside the options of - (i)
Maintaining the status quo; (ii) Expenditure on other services made
possible as a result of a decision for ‘commercial’ disposal?
•
What are the risks of service failure, TSO failure, misuse/disuse of assets,
premature changes to any proposed SLA and what is the exit strategy
that is in place and the best possible transfer type (leasehold, freehold), if
still appropriate?
31
Appendix B
Replies Received From Consultation
Date
30/05/12
Received From
Email Gunthorpe
Parish Council
15/06/12
Sea Palling & Waxham
Parish Council
30/06/12
Cromer Town Council
10/07/12
Baconsthorpe Parish
Council
10/07/12
Matlaske Parish
Council
Fakenham Town
Council
12/07/12
14/07/12
14/07/12
Northrepps Parish
Council
Aylmerton Parish
Council
Comments
Require hard copies of the policy. No
subsequent comments received apart from
noting lack of District Councils Assets within the
Parish Council Area. Query raised in respect of
Surveyors Allotment.
Request for list of District Councils Assets in the
area to consider policy fully. Response issued
advising of Assets held (public conveniences and
life guard hut). No further response received.
Advice that policy discussed with Members
requesting that NNDC consider transferring their
Cromer Car Parks to the Town Council.
Response issued noting return and comments
passed to Members/Officers.
No comment in respect of the policy document,
stating that only Assets held by Parish Council
are 2 garages and playing field/car park, and
wish to retain these.
Acknowledgement of consultation, Parish Council
not having any Assets.
Response stating that found document useful
welcoming the principal and application of it but
required expansion in respect of stage 8;
monitoring and support. Response issued
accordingly.
Acknowledgment of consultation with no
comments to make.
As per Northrepps.
32
Overview and Scrutiny Committee
25 September 2012
Agenda Item No__16__
OVERVIEW AND SCRUTINY UPDATE
Summary:
This report updates the Committee on progress with
topics in its agreed work programme (attached at
Appendix C) and invites Members to identify any
arising items for future meetings. The Scrutiny
Committee’s working style and role is attached at
Appendix D.
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 and suggest any
amendments to the Overview and Scrutiny
Committee Annual Review 2011 - 2012.
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
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
Norfolk Credit Union
James Bacon of Norfolk Credit Union attended Overview and Scrutiny on 24
July 2012. He has since provided literature, including application forms. The
literature, together with slides from the presentation, will be available at the
meeting of 25 September 2012.
33
Overview and Scrutiny Committee
2.2
25 September 2012
Six-monthly review of Environmental Services Contract
At the meeting of 24 July 2012 Members asked for additional information as a
result of this item. The following response has been provided by the Head of
Environmental Health:
Beach Cleaning: The contractor’s method statement for fulfilling the contract
specification outlines the following in relation to beach cleaning
25.3.4 Areas within zone 5 will include; Amenity beaches
25.4.27 All beach areas, peripheral roads, accesses and car parks will be
cleansed and maintained to the required grade “A” standard of cleanliness
from March through to October inclusive. An annual cleanse will be
completed before 31st each year
Clearly this indicates that amenity beaches will be maintained to a high
standard of cleanliness. However in practical terms this is difficult to achieve
due to occupancy levels during low tide and variance in times of high and low
tide.
The deposit of litter on the beach is an offence and amenity beaches are
included in the areas patrolled by officers from Environmental Health on a
regular basis in the peak season.
If an area of beach is of particular concern then this should be raised through
Customer Services.
Volume of calls to Kier and how they feed into the Customer Services
system: Kier operate a different computer system to the Council, this was a
key part of Kier delivering service efficiencies for the contract. This does
mean that Customer Services cannot access the data live. We are sent
monthly information on the call data and this is analysed to identify any
trends. We are currently investigating the potential to adopt the same
software system as Kier which would enable live interrogation but this will be
subject to as cost benefit analysis.
Paint Cans: Empty paint cans or those with dried paint can be placed in the
domestic waste bin for collection, but these should have the lid removed.
Empty metal paint cans may be recycled in the Recycling bin. Cans with liquid
paint can only be disposed of at selected Norfolk County Council Recycling
Centres (please see below)
The following is a selected extract from Norfolk County Council’s web site.
Dried out paint cans (including spray cans) can be taken to any of Norfolk’s
Main Recycling Centres. Empty metal paint cans are to be disposed of in the
‘scrap metal’ container. Empty plastic cans can be disposed of in the ‘waste
to landfill’ container or put in your general waste kerbside bin.
Liquid Paint cans (including spray cans) can be taken to the eight Main
Recycling Centre Plus’. Liquid paint is classed as hazardous waste so will
only be accepted at our eight Main Recycling Centre Plus sites, where safe
storage facilities exist.
34
Overview and Scrutiny Committee
25 September 2012
The Main Recycling Centre Plus sites are Caister, Dereham, Hempton,
Ketteringham, King’s Lynn, Mayton Wood, Mile Cross and Thetford.
It can be taken to an annual hazardous waste amnesty at selected Main
Recycling Centres.
Repaint Scheme - At three Main Recycling Centres (Dereham, Ketteringham
& King’s Lynn) we are running a RePaint scheme where paint in a useable
condition is sold on site. Community groups are able to join the new scheme
to access unlimited amount of paint for a small charge. Members of the public
are also able to purchase and donate good quality paint for reuse at these
sites.
Fly-tipping: During quarter four of 2011/12 a significant drop off in
performance was observed in the percentage of fly tipping incidences
investigated in two days. Investigation identified issues in the performance of
the contractor meeting the required target and through contract meetings
remedial steps and changes to working practice on both the contractor and
Councils part were put in place.
This has seen a significant improvement in performance and although not yet
at the desired level regular monitoring of performance and improved
communications should bring about further improvements in the future.
The table below provides monthly figures on fly-tipping incidents since the
beginning of the year.
2.3
Month Incidents
Average Size
Investigations
Costs
(clearance)
£
Jul-12
30
2386
30
Jun12
May12
Apr12
Mar12
Feb12
Jan12
27
car boot load - small
van load
car boot load - small
van load
small van load - transit
van load
car boot load - small
van load
car boot load - small
van load
car boot load - small
van load
small van load
1137
27
2311
30
1185
17
2899
49
2937
20
2488
45
30
17
49
20
45
Community Transport
A question was raised at the July meeting about funding for community
transport. A review of community transport funding in North Norfolk is to be
undertaken by the Coast and Community Partnerships Manager. Members
may wish to monitor this.
35
Overview and Scrutiny Committee
2.4
25 September 2012
Provision of a temporary extra resource in Planning Enforcement
The Head of Development Management advises that an update was made on
this topic as one of the key points of the Management Team Meeting of 26
July 2012 which was emailed to Members and staff by the Chief Executive:
“Planning Service – LGA peer review likely to be carried out in the autumn.
Support to be provided from Borough of King’s Lynn and West Norfolk for
enforcement work and IT to ensure a full communication system for service”.
3.
Performance Management – Delivery of Annual action Plan Quarter 1
This report, at Agenda Item 12, went to Cabinet on 10 September 2012. The
Chair of Overview and Scrutiny requested some comparative figures
regarding lettings of social housing. The Strategy Team Leader has provided
the following response:
“There were 405 lets in 2010/11 and 415 in 2009/10. I do not have access to
data on lets prior to 2009/10 as it is no longer available on TEN and our
current IT system went live in 2009 and we do not have access to the old IT
system.”
4.
Public Transport Joint Scrutiny Panel
Councillors Barry Smith and Peter Moore attended a meeting of the Overview
and Scrutiny Committee at Broadland District Council on 31 July 2012 for a
review of recommendations from the Time and Task Limited Public Transport
Joint Scrutiny Panel. The final recommendations will be presented to
Broadland’s Cabinet on 11 September.
A report will be made to the October meeting of the NNDC Overview and
Scrutiny Committee to inform Members of the recommendations and provide
a basis for discussion on how they can be implemented in North Norfolk.
5.
Ambulance Service Cuts
Proposed cuts to the Ambulance Service are causing concern in the District.
The East of England Ambulance Service has indicated that one of the 2 fulltime ambulances in Cromer would become part-time and that North Walsham
would get a rapid response vehicle instead of an ambulance. Members are
asked to consider if they wish to investigate this further and invite a
representative from the East of England Ambulance Service to Overview and
Scrutiny in October.
6.
Changes to the Work Programme and Future Topics
5.1
The Housing Strategy report which is going to Cabinet on 10 September 2012
has been added to the Overview and Scrutiny Committee Work Programme
for 25 September because it is going to Full Council the following day and is a
topic which the Overview and Scrutiny Committee has been monitoring.
36
Overview and Scrutiny Committee
25 September 2012
5.2
At the pre-Agenda meeting on 10 September 2012 it was decided that
scheduled reports on Review of Outside Bodies and the Health Strategy
should be deferred until October to avoid overcrowding of the September
Work Programme.
5.3
A report on the recommendations from the Public Transport Joint Scrutiny
Panel has been added to the Work Programme for October.
5.4
On 31 January 2012 a special meeting of the Overview and Scrutiny
Committee was convened to consider the proposed operational framework of
the Big Society Fund. At this meeting it was resolved that the Overview and
Scrutiny Committee would receive 6-monthly reports on the operation of the
Fund. The Fund opened to applications on 2 April 2012 and therefore has
been in operation for a period approaching 6 months. Members are asked to
consider adding an update to the Work Programme for November or
December.
7.
Overview and Scrutiny Annual Review
The draft Overview and Scrutiny Annual Review 2011- 2012 is attached at
Appendix E. It includes an introduction written by the Chairman. Members
are requested to suggest any amendments. It is planned to forward the final
version to Full Council on 24 October 2012.
8.
Norfolk Health Overview and Scrutiny Committee
The outcomes and actions from the Norfolk Health Overview and Scrutiny
Committee held on 6 September 2012 have been provided by Mrs A
Claussen-Reynolds and are attached at Appendix F.
9.
New Regulations
The Local Authorities (Executive Arrangements) (Meetings and Access to
Information) (England) Regulations 2012 comes into force on 10 September
2012. The regulations affect decisions made by the Executive either as the
whole Cabinet, individual portfolio holders, Cabinet sub committees and
executive decisions taken by Members.
There will no longer be a requirement to produce a Forward Plan but 28 clear
working days notice must be given before a key decision can be taken. If a
meeting is to be held in private 28 clear working days notice must also be
given. Meetings must be held in public unless agenda items contain exempt
or confidential information. If it is impossible to give 28 clear days notice of
taking a key decision or holding a meeting in private then agreement must be
obtained from the Chair of Overview and Scrutiny.
Background papers must not only be listed on reports but must be made
available for public inspection. Decision lists will need to show extra
information including details of any alternative options considered but rejected
in making the decision. NNDC committee documents will be revised to
comply.
Upon request from a Member of the Overview and Scrutiny Committee the
Executive must make available any material relating to business related to
37
Overview and Scrutiny Committee
25 September 2012
past decisions. This must be provided as soon as reasonably practicable and
no later than 10 clear days after the request is made. This does not include
exempt information unless it relates to an action or decision that the Member
is scrutinising. If the Executive determines that material will not be provided, it
must put the reasons in writing.
The purpose of the new Regulations is to encourage greater transparency in
the making of executive decisions. However there are concerns that they
could be a significant burden to councils and could become legislation with
out any formal consultation. Compliance with the legislation could increase
red tape and bureaucracy despite the government’s stated aim to reduce it.
The Council will need to take a decision about whether or not to support this
view.
38
Appendix C
OVERVIEW AND SCRUTINY COMMITTEE WORK PROGRAMME
2012/2013
GUIDANCE FOR REVIEWING THE WORK PROGRAMME
In setting future Scrutiny topics, the Committee is asked to:
a) Demonstrate the value any investigation would have to the Council’s Community
Leadership Role.
b) Consider the relationship any future topic may have with the work of the Cabinet’s Work
Programme and the Council’s Corporate Plan
c) Be mindful of the public’s priorities.
d) Provide reasons for the investigation (so that Officers/Witnesses can assist Members to
reach an outcome).
e) Consider the outcomes required before commencing an investigation.
f) Balance the need for new topics with existing items on the Scrutiny Work Programme.
g) Consider whether it would be helpful to time limit investigations or break down some topics
into smaller areas.
h) Provide sufficient notice, where possible, in order that the Cabinet Member with
responsibility for the subject, Officers and outside witnesses/attendees can fully assist the
Committee.
Date of
Meeting
Topic
Sept 25
2012
Budget
Monitoring
Period 4 (April –
July)
October
23 2012
Organisation/
Officer/
Responsible
Portfolio Holder
Karen Sly/
Wyndham
Northam
Links with
Corporate Plan
Notes
Delivering the
Vision E
Cyclical
Community
Asset Transfer
Policy
Wyndham
Northam/Martin
Green
Localism B
Members requested
that this topic returns to
the Work Programme.
Performance
Management
Helen
Thomas/Keith
Johnson
Delivering the
Vision A - E
Figures for first quarter.
Our Intended
Approach to
Coastal Issues
Angie FitchTillett/Rob Young
Coast,
Countryside and
Built Heritage B
Housing
Strategy Part 2
Keith Johnson/
Karen Hill
Housing and
Infrastructure
Report of Task
and Finish
Group
Glyn
Williams/Mary
Howard/ Tom
FitzPatrick
All
Housing
Strategy Part 3
Keith Johnson/
Karen Hill
Housing and
Infrastructure
39
Appendix C
Date of
Meeting
Topic
October
23 2012
Health Strategy
Organisation/
Officer/
Responsible
Portfolio Holder
Angie FitchTillett/Sonia
Shuter
Links with
Corporate Plan
Notes
All
Deferred from
September
Deferred from
September
Review of
Outside Bodies
Mary
Howard/Tom
FitzPatrick
Delivering the
Vision A - E
Public Transport
Joint Scrutiny
Mary
Howard/Tom
FitzPatrick
Jobs and the
Local Economy
Budget
Monitoring
Period 6 (April –
September)
Karen Sly/
Wyndham
Northam
Delivering the
Vision E
Performance
Management
Helen
Thomas/Keith
Johnson
Delivering the
Vision A - E
Planning
Application
Performance
Steve
Oxenham/Keith
Johnson
Housing and
Infrastructure
A, B,D
Shared Services
including ICT
procurement for
Revenues and
Benefits
replacement
systems
Wyndham
Northam/Louise
Wolsey
Delivering the
Vision E
Update requested by
Members
Dec 18
2012
2012/13
Revised Budget
Karen
Sly/Wyndham
Northam
Delivering the
Vision E
Cyclical
January
23 2013
Planning Fees
Keith
Johnson/Steve
Oxenham
Housing and
Infrastructure A
Review after 9 months,
requested by Members
Nov 21
2012
Cyclical
Coast,
Countryside and
Built Heritage A
Waste Contract
John Lee/Barry
Brandford
Coast,
Countryside and
Built Heritage A
6 monthly update
Environmental
Sustainability
Update
John Lee/Helen
Dixon
Delivering the
Vision E
Annual update
40
Appendix C
Date of
Meeting
Topic
February
20 2013
Budget
Monitoring
(October –
December)
Organisation/
Officer/
Responsible
Portfolio Holder
Karen
Sly/Wyndham
Northam
Links with
Corporate Plan
Notes
Delivering the
Vision E
Cyclical
Performance
Management
Helen
Thomas/Keith
Johnson
Delivering the
Vision A - E
2013/2014 Base
Budget and
Projections for
2014/15 to
2016/17
Karen
Sly/Wyndham
Northam
Delivering the
Vision E
Cyclical
Budget
Monitoring
Period 10
(January –
March)
Karen
Sly/Wyndham
Northam
Delivering the
Vision E
Cyclical
Health Strategy
Update
Angie FitchTillett/Sonia
Shuter
All
6 monthly update
April or
May 2013
Car Park
Charges
Wyndham
Northam/
Corporate Asset
Management
Delivering the
Vision E
Review requested by
Members
May 2013
Performance
Management
Helen
Thomas/Keith
Johnson
Delivering the
Vision A - E
June 2013
Complaints,
Compliments
and
Suggestions
Tom
FitzPatrick/Estelle
Packham
Delivering the
Vision B
(Outturn Report)
Final Accounts
2011/12
Karen Sly/
Wyndham
Northam
Delivering the
Vision A - E
Annual
RIPA/
Surveillance
Nick Baker/John
Lee
Coast,
Countryside and
Built Heritage A
Annual
Planning
Performance
Steve
Oxenham/Keith
Johnson
Coast,
Countryside and
Built Heritage A
Further review
requested by Members
March 20
2013
TBA
41
Appendix C
Date of
Meeting
Topic
TBA
Customer
Access Strategy
Possible
topics for
future
meetings subject to
further
scoping by
a Task
and Finish
Group
Big Society
Leisure Services
Building Control
Information and
Media
Legal Services
The Commercial
Team
Property
Services/Asset
Management
Plan
Economic
Development/
Regeneration
Performance of
Annual Plan
Learning for
Everyone Team
Community
Transport Joint
Scrutiny – final
outcomes
Item on
All
Scrutiny
agendas
Scrutiny
Committee
Work
Programme
Organisation/
Officer/
Responsible
Portfolio Holder
Tom
FitzPatrick/Estelle
Packham
Links with
Corporate Plan
Notes
Delivering the
Vision B
Topics identified at
Overview and Scrutiny
Committee Workshop
17 April 2012
Tom FitzPatrick/
Scrutiny Officer
42
All
At Committee
Appendix D
Working Style of the Scrutiny Committee
Independence
Members of the Scrutiny Committee will not be subject to whipping arrangements by party groups.
Member leadership
Members of the Committee will take the lead in selecting topics for scrutiny and in questioning
witnesses. The Committee will expect members of Cabinet, rather than officers, to take the main
responsibility for answering the Committee’s questions about topics, which relate mainly to the
Council’s activities.
A constructive atmosphere
Meetings of the Committee will be constructive, and not judgmental, accepting that effective
scrutiny is best achieved through challenging and constructive enquiry. People giving evidence at
the Committee should not feel under attack.
Respect and trust
Meetings will be conducted in a spirit of mutual respect and trust.
Openness and transparency
The Committee’s business will be open and transparent, except where there are sound reasons
for protecting confidentiality. In particular, the minutes of the Committee’s meetings will explain
the discussion and debate in a balanced style, so that they could be understood by those who
were not present.
Consensus
Members of the Committee will work together and, while recognizing political allegiances, will
attempt to achieve consensus and agreed recommendations.
Impartial and independent officer advice
Officers who advise and support the Committee will give impartial and independent advice,
recognizing the importance of the Scrutiny Committee in the Council’s arrangements for
governance, as set out in its Constitution.
Regular review
There will be regular reviews of how the scrutiny process is working, and a willingness to change
if it is not working well.
Programming and planning
The Committee will agree the topics to be included in its published work programme and the
extent of the investigation to be undertaken in relation to resources, and the witnesses to be
invited to give evidence.
Managing time
The Committee will attempt to conclude the business of each meeting in reasonable time. The
order of business will be arranged as far as possible to minimize the demands on the time of
witnesses.
43
26
Appendix E
Overview and Scrutiny Annual Review 2011 – 2012
Chairman’s Introduction
This is the eighth report by North Norfolk District Council’s Overview
and Scrutiny Committee, which gives an overview of the Committee’s
activities over the past year and its plans for the future as well as
explaining the aims and functions of Overview and Scrutiny.
This report covers the first year of the new Council that was elected in
May 2011. With a new Council administration in place it meant that
most members of the Committee were new to its work. For members of
the Committee who had previously served on the Council it often meant
a re adjustment in roles and for members of the Committee elected to
the Council for the first time a quick learning curve. The fact that the
Committee has quickly got to grips with the roles and responsibilities of
scrutiny is a credit to its members.
The Committee has a wide ranging brief over the Council's work. Its role has often been described
as that of a 'critical friend'. It has led the Committee in the past year, for example, to suggest
improvements (which were accepted) to the operation of the Council's new Big Society grant
funding programme, to ask searching questions on the implementation of the Council's new waste
collection and cleansing contract and to help bring together community representatives and the
Environment Agency over concerns arising from the flooding at Walcott in November 2011.
I should like to thank my Vice Chairman Cllr Barry Smith, Democratic Services Team Leader Mary
Howard and Democratic Services Officers Emma Denny and Alison Argent for their help and
support throughout the year.
Residents of the District are most welcome to attend any of the Committee's meeting so they can
learn more about the Council's work and how it is scrutinised. Members of the public are also
entitled to ask questions and make contributions. Several have done so during our meetings and I
hope this can be continued and developed in the future.
Councillor Eric Seward
Scrutiny Handbook and Annual Report
1
44
2011/2012
Appendix E
1. What is Scrutiny?
The Overview and Scrutiny Committee is the Council’s watchdog, ensuring that the
Cabinet is held to account and is carrying out the Council’s aims as well as getting the
best value for money as a result of its decisions. Originating from the Local
Government Act of 2000 Scrutiny Committees not only keep an eye on the Council but
can also review the work of other bodies such as the Police, our utility providers and
the voluntary sector.
The remit of the Overview and Scrutiny Committee also includes undertaking policy
review and development, monitoring performance management, promoting community
well-being and improving the quality of life in the District. Scrutiny is Member-led and
independent of political party arrangements. At North Norfolk District Council the
Overview and Scrutiny Committee is chaired by a member of the opposition. Scrutiny is
a function which belongs to, and benefits the whole council.
2. Who gets involved in Scrutiny?
a) The Chairman and Vice Chairman of the Overview and Scrutiny Committee take a
pro-active role throughout the process, attending pre-Agenda meetings and steering
and scoping the direction of questioning and investigation. They attend, when
appropriate, meetings with relevant officers at other authorities or with other bodies,
and participate in internal and external training.
b) The Overview and Scrutiny Committee Members – Scrutiny is different from other
committees and calls for Members with investigative and creative minds who are
prepared to “do their homework” out of the Council Chamber and to think outside of
the usual committee framework, tailoring the method of review to suit the topic.
c) Cabinet Portfolio Members are always invited to attend meetings of Overview and
Scrutiny which involve their portfolio. The aim is that the Portfolio Member, as well
as the officers, should respond to questions and, where appropriate, introduce the
topic.
d) All non-Executive Members are invited to attend, to ask questions or to suggest
topics for scrutiny.
e) Officers are involved in a number of ways – those directly involved in supporting the
Scrutiny process and those who are called to make reports to the Committee.
f) Invitees and Witnesses can be called not just from within the Council, but from
partners and utilities providers.
g) The public are always welcome to attend meetings of the Overview and Scrutiny
Committee and to suggest areas of public concern that they would like to see
tackled by the Committee. A pro forma to request scrutiny of a topic can be found
on page 6.
3. Overview and Scrutiny Activities
Scrutiny activities include:
a) Scrutiny of Decisions made by Cabinet – Call-ins. The Overview and Scrutiny
Committee can “call in” a decision which has been made by the Cabinet but not yet
implemented. This enables the Committee to consider if the decision is appropriate
and it may recommend that the Cabinet reconsiders the decision.
b) Commenting on Budget Proposals – Budget Monitoring and Draft Budget reports
are cyclical items on the Overview and Scrutiny Committee Work Programme.
Scrutiny Handbook and Annual Report
2
45
2011/2012
Appendix E
c) Pre - Scrutiny:
• Commenting on and making input into Corporate Priorities
• Contributing to the Development of Draft Policies
• Looking at key agenda items before they go to Cabinet.
Pre – Scrutiny enables greater co-ordination between the Cabinet and Scrutiny
work programmes ensuring Overview and Scrutiny Committee input into key
agenda items, thus reducing the likelihood of Call–ins.
d) Performance Monitoring – this is a regular cyclical item on the work programme.
Performance Monitoring reports are a useful tool in highlighting areas which may
require further investigation. They are equally important for showing areas of the
Council’s work which are going particularly well!
e) Reviews – the Overview and Scrutiny Committee may choose to look at a topic in
depth and over a period of time. This could be undertaken by the whole Committee
or by a Task and Finish Group.
4. The work of the Overview and Scrutiny Committee 2011 - 2012
There have been a number of areas of work carried out by the Overview and Scrutiny
Committee over the year:
•
•
•
•
•
•
Call-in and holding the Cabinet to account
Budget monitoring
Pre-scrutiny
Review work
Time limited task and finish review work
Joint Scrutiny
Minutes and reports of the Overview and Scrutiny Committee meetings can be found
on the Council’s website via the link below:
http://www.northnorfolk.org/apps/committees/default.asp?pathh=Scrutiny%20Committee
a) Call-in
Members called-in one decision made by the Cabinet in 2011 – 2012. This was In
December 2011 and concerned the Cabinet’s decision relating to the Council’s
approach to Localism and the establishment of a Big Society Fund. As a result a
report on the Big Society Fund was brought to the Committee for pre-Scrutiny at a
special meeting on 31 January 2012 and a further report made to Cabinet and Full
Council in February 2012.
b) Budget Monitoring
Budget Monitoring reports were received in September and November 2011 and
February and March 2012. Reports have also been received on the Base Budget,
Final Accounts and Treasury Management.
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2011/2012
Appendix E
c) Pre-scrutiny
Pre-scrutiny in the year 2011/12 has included the Community Infrastructure Levy
and the Big Society Fund.
d) Review work
Reviews have included Affordable Housing, Development Management and Land
Charges Performance, Flooding at Walcott, Fuel Poverty and the Victory Housing
Disposal Strategy. Regular updates have been received on a number of topics of
relevance to local residents including environmental issues, health and customer
services. The Committee has also monitored the new waste contract and the
introduction of shared services for Revenues and Benefits.
e) Time limited task and finish review
In January 2012 a task and finish group was appointed by the Overview and
Scrutiny Committee to consider ways of increasing the effectiveness of the scrutiny
process at NNDC. This included sequencing of meetings, and improvements to the
work programme and methods for evaluating topics. This work should be completed
in autumn 2012. The Members of the Task and Finish Group are Mr P W Moore, Mr
R Reynolds, Mr B Smith and Mr G Williams.
f) Joint scrutiny
In September 2011 the Committee embarked on a joint scrutiny of public transport
with Broadland District Council. The Members from NNDC were Mr T FitzPatrick,
Ms V R Gay, Mrs B A McGoun and Mr R Reynolds. The work has been completed
and implementation of the final recommendations, grouped according to the themes
of Awareness, Lobbying and Funding, will be considered by the Overview and
Scrutiny Committee in Autumn 2012.
5. Successes and challenges
In 2011 – 12 the Overview and Scrutiny Committee began with an almost completely
new line-up, including a significant number of newly elected Members. That the new
Committee was up and running so quickly and is working well together is, in itself, a
success story and a tribute to the hard work and commitment of Members. A
successful and well-attended all-day induction event was delivered on 16 September
2011 by Dave Press of Affirm4 and was appreciated by Members.
Overview and Scrutiny has seen increasing public attendance in the last year – in
particular there has been interest, including public questions, in the Council’s Approach
to Localism and the Victory Housing Disposal Strategy.
On 25 January 2012 a review was held to address concerns following flooding at
Walcott in November 2011. This was attended by representatives from the
Environment Agency and the local community as well as the local Member and the
County Councillor for Walcott. As a result of this review a number of issues were
resolved and ways forward identified. This was a good example of scrutiny addressing
an issue of public concern and achieving a positive outcome.
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Appendix E
Challenges for 2012/13 include:
•
•
•
•
Implementing the recommendations of the task and finish group to improve the
scheduling of meetings, methods of evaluating topics and getting the best out of
witnesses.
Building on public participation, taking scrutiny out into the community and
choosing topics that are of public concern and interest.
Monitoring performance against the Annual Action Plan.
Changes brought about by internal re-structuring at North Norfolk District
Council.
6. Members of the Committee 2011 – 2012
Councillors: Eric Seward – Chair, Barry Smith – Vice Chair
Annie Claussen-Reynolds, Ann Green, Benjamin Jarvis, Peter Moore, John PerryWarnes, Roy Reynolds, Norman Smith (since February 2012), Richard Smith, Peter
Terrington, Glyn Williams, Russell Wright (until February 2012)
7. How to get in touch with the Overview and Scrutiny Committee
Members of the public wishing to find out more about the scrutiny process are
requested to contact Democratic Services at democraticservices@north-norfolk.gov.uk
If you have any topic suggestions for scrutiny please use the form attached at the end
of this document.
If you would like this document in large print, audio, Braille, alternative
format or in a different language please contact democraticservices@northnorfolk.gov.uk
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Appendix E
Request form to raise an item for Scrutiny Review
Councillors should be asked to carry out the following scrutiny review:
Please give your reasons (continue on a separate sheet if necessary)
Name:
Address:
Daytime Tel No
Email:
Signature
Date
Please return this form to Democratic Services, Council Offices, Holt Road, Cromer,
NR27 9JW
Tel 01263 516047
Email: democraticservices@north-norfolk.gov.uk
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Appendix F
Outcomes and Actions
Norfolk Health Overview and Scrutiny Committee
6 September 2012
Agenda Report Title
Item
Number
Outcomes and Actions
6.
The Committee:(a) Approved the conclusions and recommendations of the Task
and Finish Group.
(b) Agreed to refer the recommendations to the relevant NHS
organisations for response.
(c) Agreed to invite the NHS organisations concerned to respond
to the recommendations in writing by 30 September 2012,
saying whether each one is accepted or not accepted.
(d) Invited representatives of the NHS organisations concerned to
NHOSC on 11 October 2012 to discuss their responses to the
recommendations.
(e) Agreed that a copy of the Task and Finish Group’s report is
sent to the Care Quality Commission for information.
(f) Agreed that a copy of the Task and Finish Group’s report is
sent to Norfolk and Suffolk NHS Foundation Trust and Norfolk
Community Health and Care NHS Trust.
Same day admissions at
Norfolk’s acute hospitals
Action By Whom
Agreed to draw to the attention of the Queen Elizabeth Hospital
aspects the recent experience of same day admission to the hospital
by one of the Members of the Committee, which did not accord with
the processes set out in the report.
7.
Changes to intermediate care
in central Norfolk
Accepted the report and agreed the cessation on the Intermediate
Care Implementation Monitoring Group.
50
Maureen Orr
Karen Lough,
Pauleen Pratt &
Clare Rooney
Maureen Orr
Maureen Orr
Maureen Orr
Appendix F
Requested information about the number of palliative care beds
currently available in Norfolk.
David Matthews
8.
Development of Healthwatch
Norfolk
Noted the report.
9.
Local Authority health scrutiny Agreed the proposed responses to the consultation questions, with the Maureen Orr
following additions:‘No’ at the start of response to Question 3
‘No’ at the start of response to Question 7
This was to emphasise the intent of the comments made in response
to these questions.
Agreed to send the proposed responses, as amended above, to the
Department of Health.
10.
Forward work programme
The forward work programme was agreed with the following addition:11 October 2012 – NHS organisations in receipt of the Committee’s
recommendations on same day admissions processes to be invited to
report their responses at this meeting.
The Committee agreed that ‘Access to hospital for non emergency
treatment’ may be added to the January 2013 agenda depending on
the East of England Ambulance Service NHS Trust’s response to
questions already raised with it regarding provision of transport for
patients.
Agreed to add ‘Wheel chair provision by the NHS’ to the forward work
programme because of concerns about the length of time taken to
provide wheel chairs and the suitability of the equipment.
Agreed that ‘Occupational therapy equipment provided by the NHS’ is
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Appendix F
a topic that the Committee may wish to examine in the future.
Copied to:Chairman of Norfolk Health Overview and Scrutiny Committee (NHOSC)
District Council Members of NHOSC
Member Support Officer - Christine Byles
NHS Norfolk and Waveney
Norfolk LINk
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