Please Contact: Emma Denny
Please email: emma.denny@north-norfolk.gov.uk
Please Direct Dial on: 01263 516010
22 November 2013
A meeting of the Cabinet of North Norfolk District Council will be held in the Council Chamber at
the Council Offices, Holt Road, Cromer on Monday 2nd December 2013 at 10.00 a.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.
Members of the public who wish to ask a question or speak on an agenda item are requested to
arrive at least 15 minutes before the start of the meeting. It will not always be possible to
accommodate requests after that time. This is to allow time for the Committee Chair to rearrange
the order of items on the agenda for the convenience of members of the public. Further information
on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263
516010, Email: democraticservices@north-norfolk.gov.uk
Sheila Oxtoby
Chief Executive
To: Mr B Cabbell-Manners, Mr T FitzPatrick, Mrs A Fitch-Tillett, Mr T Ivory, Mr J Lee, Mr W
Northam, Mr R Oliver, Mr R Wright
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.
MINUTES
(page 1)
To approve, as a correct record, the minutes of the meeting of the Cabinet held on 04
November 2013.
3.
PUBLIC QUESTIONS
To receive questions from the public, if any.
4.
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.
5.
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.
6.
CONSIDERATION OF ANY MATTER REFERRED TO THE CABINET BY THE
OVERVIEW AND SCRUTINY COMMITTEE OR COUNCIL FOR RECONSIDERATION
To consider matters referred to the Cabinet (whether by the Overview and Scrutiny
Committee or by the Council) for reconsideration by the Cabinet in accordance with the
provisions within the Overview and Scrutiny Procedure Rules or the Budget and Policy
Framework Procedure Rules.
7.
CONSIDERATION OF REPORTS FROM THE OVERVIEW AND SCRUTINY COMMITTEE
To consider any reports from the Overview and Scrutiny Committee, which may be
presented by the Chairman of the Overview and Scrutiny Committee, and determination of
any appropriate course of action on the issues so raised for report back to that committee
8.
BIG SOCIETY FUND AND ENABLING FUND
Summary:
(page 7)
The Big Society Fund to-date has provided financial support to
some sixty projects since it was established in 2012. Grants
awarded so far this year amount to £101,007 for thirteen projects,
which have a total project value of £341,863. Help, advice and
support has also been given to a wide variety of other communityoriented initiatives, some of which will materialise as applications to
the Big Society Fund and others through the Enabling Fund.
Proposals from two projects seeking support from the Enabling
Fund (The Atrium and Homes for Wells) are outlined in this report,
for which delegated authority to agree a final funding contribution is
sought.
Options considered:
There are many possible options for the provision of funding for the
projects seeking support from the Enabling Fund. These range
from not providing funding, providing funding at a lower level than
that requested or providing a loan in place of a grant; or any
combination of these.
The Enabling Fund was established to support projects such as
those proposed. The proposals received, sufficiently identify the
benefits of the funding and the amount that is likely to be required
in order to achieve those. Neither of the alternative options would
achieve these benefits to the same extent and it would not appear
that alternative sources of funding (either to supplement or
substitute this funding) are available within the timescale necessary
to provide optimal assistance.
There are no other options to consider in relation to the Big Society
Fund as this has been considered by Cabinet previously and is
operating in accordance with expectations.
Conclusions:
The Big Society Fund is proving to be an effective means of
delivering funding directly to projects which help communities to
improve their social and economic wellbeing and address local
community needs. The Fund should continue to be promoted in
order for more projects to be supported. Possible projects for
Enabling Fund support are currently being discussed and The
Atrium and Homes for Wells have come forward with the first
proposals that are recommended for support which, in the case of
the former will help it plan for a financially sustainable future to
continue as a valuable community and cultural venue, and for the
latter will assist with the provision of much needed affordable
accommodation for key workers in Wells-next-the-Sea.
Recommendations: It is recommended that Cabinet resolves:
1. to note the current funding position with respect to the Big
Society Fund and agree to the establishment of a local Big
Society Awards scheme – the details of which to be
delegated to the Big Society Fund Grants Panel;
2. to delegate authority to the Chief Executive, in
consultation with the portfolio holder, to agree funding
CABINET
(not exceeding £15,000) to support The Atrium in
DECISION
undertaking market analysis and developing a Business
Plan in order to help secure a sustainable future for the
facility.
3. to delegate authority to the Chief Executive to agree the
terms of a financial contribution of up to a maximum of
£150,000 to ‘Homes for Wells’ (from the Big Society
Enabling Fund) towards the development of an affordable
housing scheme at the former Wells Field Study Centre.
This grant will be made in three tranches and subject to
sufficient funding being available from other sources in
order to implement the scheme within the expected
delivery period agreed by the Homes and Communities
Agency; and
4. to make payment of a sum of £50,000 for the first tranche
to Homes for Wells immediately
Reasons for
Recommendations:
These recommendations are made to help support the aims of the
Corporate Plan and ensure appropriate funding can be provided
expeditiously to enable the Enabling Fund projects to proceed.
Cabinet Member(s)
Ward(s) affected
Contact Officer:
Telephone number
Email:
9.
Cllr T Ivory
All
Robert Young
01263 516162
robert.young@north-norfolk.gov.uk
ENFORCEMENT BOARD UPDATE
Summary:
(page 15)
(Appendix 1 – p.25) (Appendix 2 – p.29)
This report provides an update to Members on the work of the
Enforcement Board over the past six months and also gives an
assessment of progress made since the Board’s inception, in
December 2012, to provide a cohesive enforcement approach in
respect of long term empty properties and other difficult
enforcement cases.
In broad terms, at the time of writing, the Board has considered
81 properties, 46 of which have seen a positive outcome, with
the remainder on-going. In addition, significant amounts of
money due to the Council have been recovered in terms of
council tax and business rates and almost all of the cost
associated with the Board’s work has been or will be recovered.
Conclusions:
The Enforcement Board has made significant progress
towards its objectives
of dealing with difficult and long
standing enforcement cases and bringing
long
term
empty properties back into use, with both social and
economic benefits, and financial benefits to the council.
In terms of future work a number of lessons have been
learnt from the cases
dealt
with
so
far
and
recommendations are made within this report to take this
learning forward.
Recommendations: 1.
That Cabinet notes the progress made to date by the
Enforcement Board.
2.
That an earmarked reserve of £200,000 be
established as outlined within section 8.2 of the
report to fund both capital and revenue expenditure
as recommended by the Enforcement Board and that
release of the funds be delegated to the Corporate
Director in consultation with the Head of Finance.
3.
That the current capital programme be updated to
reflect the removal of the current budget for Empty
Homes.
4.
That the legal support to the Enforcement Board is
funded for 2014/15, from the above reserve.
CABINET
DECISION
5.
10.
That Corporate Director and Head of Finance are
delegated to prepare a charging regime for serving of
Notices, where this is allowed by statute, at the
earliest possible date.
Reasons for
Recommendations:
 To ensure appropriate governance of the Board.
 To enable direct funding for the Board’s work.
 To maximise cost recovery to the Council, within the limits
set by statute, in respect of enforcement work.
Cabinet Member(s)
Ward(s) affected
Contact Officer:
Telephone number
Email:
Cllr T Ivory
All
Nick Baker
01263 516221
nick.baker@north-norfolk.gov.uk
FEES AND CHARGES 2014/15
(page 31)
(Appendix A – p.34)
Summary:
This report recommends the fees and charges for 2014/15 that will
come into effect from April 2014 along with new fees for the
certification for the installation of wood burners with effect from 1
January 2014.
Options considered:
Alternatives for the individual service fees and charges now being
proposed will have been considered as part of the process in
arriving at the fees presented within the report.
Conclusions:
The fees and charges as recommended will be used to inform the
income budgets for the 2014/15 budget. Approval of the fees
ahead of presenting the detailed budgets allows for implementation
of changes where applicable.
Recommendations:
That Cabinet agree and recommend to Full Council:
a) The fees and charges from 1 April 2014 as included at
Appendix A;
b) The fees for the certification for the installation of wood
burners to come into effect from 1 January 2014 as follows:
 Installation of a solid fuel appliance (eg. Wood Burner):
(i) Where the appliance is commissioned by a third
party, a Building Notice Charge, including VAT, of £180;
(ii) Where the appliance is tested by NNDC a Building
Notice Charge, including VAT, of £312.
COUNCIL
DECISION
Reasons for
Recommendations:
To approve the fees and charges as set out in the report that will
be used to inform the 2014/15 budget process and to set fees for
certification of wood burners.
LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW
(Papers relied on to write the report and which do not contain exempt information)
Current fees and charges
Cabinet Member(s)
Ward(s) affected
Contact Officer:
Telephone number
Email:
11.
Cllr W Northam
All
Karen Sly
01263 516243
karen.sly@north-norfolk.gov.uk
HOUSING BENEFIT AND COUNCIL TAX SUPPORT COUNTER FRAUD POLICY AND
PROSECUTION POLICY
(page 50)
(Appendix B – p.52 )
Summary:
The report presents revised policies for the council’s
Counter Fraud Policy and Prosecution Policy following the
introduction of Council Tax Support in April 2013.
Recommendation:
To recommend to Council that the revised Counter
Fraud Policy and Prosecution Policy are adopted.
COUNCIL
DECISION
12.
Reasons for
Recommendations
To enable appropriate action to be taken against people
fraudulently attempting to claim or claiming housing
benefit and or council tax support.
Cabinet Member(s)
Ward(s) affected
Contact Officer:
Telephone number
Email:
Cllr W Northam
All
Louise Wolsey
01263 516081
Louise.wolsey@north-norfolk.gov.uk
EXCLUSION OF PRESS AND PUBLIC
To pass the following resolution:
“That under Section 100A(4) of the Local Government Act 1972 the press and public be
excluded from the meeting for the following item of business on the grounds that they
involve the likely disclosure of exempt information as defined in paragraphs _ of Part I of
Schedule 12A (as amended) to the Act.”
13.
PRIVATE BUSINESS
Agenda Item 2__
CABINET
Minutes of the meeting of the Cabinet held on Monday 04 November 2013 at the
Fakenham Connect Office, Oak Street, Fakenham at 10.00am.
Mrs A Fitch-Tillett
Mr T FitzPatrick
Mr T Ivory
Members Present:
Mr J Lee
Mr R Oliver
Mr W Northam
Mr R Wright
Also attending:
Mrs A Claussen-Reynolds
Mr P High
Mr N Lloyd
Miss B Palmer
Officers in
Attendance:
63.
Mr R Reynolds
Mr R Shepherd
Mr P Terrington
The Chief Executive, the Corporate Director (NB), the Corporate
Director (SB) the Head of Assets and Leisure, the Head of Finance,
the Chief Accountant, the Policy and Performance Management
Officer and the Democratic Services Team Leader.
APOLOGIES FOR ABSENCE
Mr B Cabbell Manners
64.
MINUTES
The minutes of the meeting held on 07 October 2013 were confirmed as a correct
record subject to minor amendments and signed by the Chairman.
65.
PUBLIC QUESTIONS
None received
66.
ITEMS OF URGENT BUSINESS
None
67.
Cabinet
DECLARATIONS OF INTEREST
Member
Minute No & Heading
Nature of Interest
Mr T FitzPatrick
Minute 69
Planning Policy & Built
Heritage Working Party
Non-Pecuniary interest by virtue
of being the local member for
Walsingham ward.
1
04 November 2013
68.
CONSIDERATION OF REPORTS FROM THE OVERVIEW AND SCRUTINY
COMMITTEE
None
69.
PLANNING POLICY AND BUILT HERITAGE WORKING PARTY
RESOLVED
To receive the minutes of the meeting of the Joint Staff Consultative Committee held
on 23 September 2013 and the following recommendations contained therein
adopted as follows:
70.
1.
To adopt the Walsingham Conservation Area Appraisal and Management
Proposals for statutory planning purposes and for it to be a ‘material
consideration’ in the planning process.
2.
To adopt the proposed boundary change as recommended in the Final Draft of
the Appraisal document and that it be publicised in accordance with the Planning
(Listed Buildings & Conservation Areas) Act 1990.
3.
That the buildings identified for Local Listing be formally recognised and
recorded.
4.
That an Article 4 Direction be made in respect of 3-5 Bridewell Street, Little
Walsingham.
BUDGET MONITORING REPORT 2013/14 – PERIOD 6
Mr W Northam, Portfolio Holder for Finance introduced this item. He explained that
the report summarised the budget monitoring position for the revenue account to the
end of September 2013. The overall position at the end of period 6 showed a forecast
underspend for the current financial year on the revenue account. Car park income
was exceeding projections and there was an increase in planning fee income due to
the number of large fee earning applications.
The only area of concern was investment properties. Mr Northam informed members
that the Grove Lane depot was currently vacant and that the property was being
marketed but that it may not be re-let during the current financial year.
Members were invited to ask questions:
Mr N Lloyd was concerned about the Dual Use Sports Centres. He said that although
North Walsham was now agreed and signed off and operating successfully, there
appeared to be a lack of progress at Cromer and Stalham. He sought reassurance
that the three centres were seen as a whole and that North Walsham would not be
subject to further cuts due to delays elsewhere. Mr J Lee, Portfolio Holder for Leisure
replied that all three sports centres were part of the same service and not further cuts
were anticipated. He added that the Council was working hard to sign-off Cromer and
Stalham.
It was proposed by Mr W Northam, seconded by Mr T Ivory and
RESOLVED:
Cabinet
2
04 November 2013
1) To note the contents of the report and the current budget monitoring position.
2) To agree to the release of £100,000 included within the approved capital
programme for the Wells Maltings Project (6.2 (h)).
RECOMMENDATION TO COUNCIL:
The updated budget as set out in section 5.1, Table 3.
71.
TREASURY MANAGEMENT HALF YEARLY REPORT
Mr W Northam, Portfolio Holder for Finance introduced this item. He explained that
the report provided information on treasury management activities undertaken during
the first six months of 2013/14. During this period, the average amount invested was
£23.5m resulting in an overall interest return of £193,393.
The recent downgrading of the Council’s banker, Co-operative Bank, was of concern
and to mitigate exposure in the event of a failure by the bank, credit balances with
the Co-operative were kept to a minimum each day.
Mr Northam concluded by informing members that £5m would have been invested
with the LAMIT fund by the end of 2013. The latest dividend had been 2.8% and if
this continued the annual dividend would amount to 5.6% - demonstrating that the
decision to use LAMIT had been sound.
It was proposed by Mr W Northam, seconded by Mr R Wright and
RESOLVED to recommend to Council:
That the Council be asked to approve the half Yearly Treasury Management
Report for 2013/14.
72.
PLAYGROUND EQUIPMENT REVIEW
Mr J Lee, Portfolio Holder for Leisure introduced this item. He said that he was very
pleased to inform members that as part of the 2013/14 budget setting process a
capital bid of £100,000 was requested in order to address those playgrounds and
equipment under NNDC control that were in the poorest condition. A review had been
undertaken and four sites had been selected for replacement equipment.
Members were invited to ask questions:
1.
Mrs A Claussen-Reynolds commended the Council on this review; however, she
was disappointed to see that the Trap Lane play area in Fakenham was not
included in the list for replacement equipment and upgrading. She said that the
ground was very soft and part of the area had been cordoned off with red and
white tape. She requested that some of the £22,000 of money left over from the
fund could be spent on upgrading the site. Mr J Lee said that he was not aware
of any problems at the site and agreed to look into it and to consider whether
funding could be allocated.
2. Mr P Terrington, local member for Wells commented that the Council did not
provide any play equipment in Wells and he wondered whether this was an
omission. Mr T FitzPatrick replied that as far as he was aware the Council did not
own any playgrounds in Wells and this funding was for the Council’s own
playgrounds. He reminded Mr Terrington that the Big Society Fund made grants
to other bodies for equipment of this kind and the skatepark in Wells had
received a significant amount of funding from the BSF.
Cabinet
3
04 November 2013
3. Mr N Lloyd said that he supported the proposal. Playgrounds were often a
child’s’ first exposure to physical activity. He added that he was very pleased to
see that a playground in his ward had been selected for replacement equipment.
It was proposed by Mr J Lee, seconded by Mr R Oliver and
RESOLVED:
1. To note the contents of the report
2. To approve the allocation of the capital funding as identified within the report
3. To give delegated authority to the Head of Assets and Leisure, in consultation with
the Portfolio Holder for leisure, to allocate the unspent balance of funding
73.
NORTH NORFOLK FLAG PROGRAMME – PROPOSED IMPROVEMENT OF
FACILITIES AT THE SHERINGHAM WEST GANGWAY FOR THE SHERINGHAM
FISHERMENS’ ASSOCIATION
Mrs A Fitch-Tillett, Portfolio Holder for the Coast introduced this item. She explained
that Sheringham West Gangway was in a very poor state and members of the
Sheringham Fishermen’s Association had proposed improvements under the
European Fisheries Fund (EFF) programme. The Association had prepared an
outline application to the North Norfolk FLAG which oversaw the local EFF
programme, seeking endorsement for the project proposal and had approached the
District Council enquiring as to whether NNDC could provide a matchfunding
contribution towards the cost of the works.
It was proposed that £40,000 of financial support would be offered, financed from the
capital receipt received from the disposal of the Lockerbie Flats in Sheringham.
It was proposed by Mrs A Fitch-Tillett, seconded by Mr R Oliver and
RESOLVED
1. To indicate support for the Sheringham West Gangway project as developed by
the Sheringham Fishermens’ Association through providing a matchfunding
contribution of up to £40,000.
2. To authorise the release of £40,000 matchfunding contribution from the capital
receipt previously received from the disposal of the Lockerbie Flats in Sheringham.
74.
BUSINESS TRANSFORMATION PROGRAMME
The Leader, Mr T FitzPatrick, introduced this item. He explained that the report
outlined proposed strategies for IT and Customer Services, which together with
associated management support would provide a comprehensive programme to
improve and upgrade the Council’s IT infrastructure and the way customers were
dealt with.
The programme would consist of a number of projects which would each be subject
to an individual business plan and procurement process. These would be considered
separately by Cabinet in due course. Five workstreams would be formed:
telephony, document management, IT infrastructure, website / channel shift and
customer management.
Cabinet
4
04 November 2013
In addition, there would be an overarching project around business process review
and management change in order to support the work streams and to ensure that
every opportunity was taken to drive efficiency through better use of IT.
Members were invited to ask questions:
a. Mr N Lloyd said that he had concerns about IT projects and he would like to
receive regular updates tracking spending on the project directly against any
savings. He said that there was always the danger that IT could become bigger
than the organisation. Mr T FitzPatrick responded that this was one of the
reasons for the proposal to appoint a Business Transformation Manager to
oversee the project. He said that regular reports would be provided outlining
progress and the financial position. He concluded by saying that if no action was
taken there was a danger that the Council would not be fit for purpose in the
future.
b. The Chief Executive added that the Business Transformation Board would look
at performance measures for the project. This area was currently difficult to
benchmark as the technology was not available. She said that spending on the
business transformation programme would definitely be tracked and all the
information would be presented to members via regular updates. She concluded
by saying that the proposed programme would enable the Council to make
savings and achieve a balanced budget in 2015/16.
c. Mr R Reynolds asked whether the Business Transformation Manager would be
an internal appointment. The Chief Executive replied that it would be advertised
externally and that it would be open to internal applicants to apply if they wished
to do so.
It was proposed by Mr T FitzPatrick, seconded by Mr R Wright and
RESOLVED
1. To approve the Business Transformation Programme, which will be based on the
reports attached.
2. To allocate funds of £153,000 from the Invest to Save Reserve to allow
appointment of a Business Transformation Manager and IT support staff as soon
as possible, in order to support the Programme.
3. That for each major project forming part of the Programme, a further report will
be made to Cabinet, in order that approval can be given for the funding of such
projects.
4. That progress on the Programme will be governed by the Business
Transformation Board, which will report regularly to Cabinet.
MANAGING PERFORMANCE Q2 2013/14
The Leader, Mr T FitzPatrick introduced this item. He explained that it was a half year
progress report on delivering the Annual Action Plan 2013-14 and achieving targets.
He said that the majority of the 49 activities in the Annual Action plan were on track
and performance was being closely monitored.
It was proposed by Mr T FitzPatrick, seconded by Mr J Lee and
Cabinet
5
04 November 2013
RESOLVED
To note the report, welcome the progress being made and endorse the actions laid
out in Appendix H being taken by management where there are areas of concern.
The Meeting closed at 11.36 am
_______________
Chairman
Cabinet
6
04 November 2013
Agenda Item No_____8_______
NORTH NORFOLK BIG SOCIETY FUND & ENABLING FUND
Summary:
The Big Society Fund to-date has provided financial
support to some sixty projects since it was established
in 2012. Grants awarded so far this year amount to
£101,007 for thirteen projects, which have a total project
value of £341,863. Help, advice and support has also
been given to a wide variety of other communityoriented initiatives, some of which will materialise as
applications to the Big Society Fund and others through
the Enabling Fund. Proposals from two projects seeking
support from the Enabling Fund (The Atrium and Homes
for Wells) are outlined in this report, for which delegated
authority to agree a final funding contribution is sought.
Options considered:
There are many possible options for the provision of
funding for the projects seeking support from the
Enabling Fund. These range from not providing funding,
providing funding at a lower level than that requested or
providing a loan in place of a grant; or any combination
of these.
The Enabling Fund was established to support projects
such as those proposed. The proposals received,
sufficiently identify the benefits of the funding and the
amount that is likely to be required in order to achieve
those. Neither of the alternative options would achieve
these benefits to the same extent and it would not
appear that alternative sources of funding (either to
supplement or substitute this funding) are available
within the timescale necessary to provide optimal
assistance.
There are no other options to consider in relation to the
Big Society Fund as this has been considered by
Cabinet previously and is operating in accordance with
expectations.
Conclusions:
The Big Society Fund is proving to be an effective
means of delivering funding directly to projects which
help communities to improve their social and economic
wellbeing and address local community needs. The
Fund should continue to be promoted in order for more
projects to be supported. Possible projects for Enabling
Fund support are currently being discussed and The
Atrium and Homes for Wells have come forward with the
first proposals that are recommended for support which,
in the case of the former will help it plan for a financially
sustainable future to continue as a valuable community
7
and cultural venue, and for the latter will assist with the
provision of much needed affordable accommodation for
key workers in Wells-next-the-Sea.
Recommendations:
It is recommended that Cabinet resolves:
1. to note the current funding position with respect
to the Big Society Fund and agree to the
establishment of a local Big Society Awards
scheme – the details of which to be delegated to
the Big Society Fund Grants Panel;
2. to delegate authority to the Chief Executive, in
consultation with the portfolio holder, to agree
funding (not exceeding £15,000) to support The
Atrium in undertaking market analysis and
developing a Business Plan in order to help
secure a sustainable future for the facility.
3. to delegate authority to the Chief Executive to
agree the terms of a financial contribution of up
to a maximum of £150,000 to ‘Homes for Wells’
(from the Big Society Enabling Fund) towards
the development of an affordable housing
scheme at the former Wells Field Study Centre.
This grant will be made in three tranches and
subject to sufficient funding being available from
other sources in order to implement the scheme
within the expected delivery period agreed by
the Homes and Communities Agency; and
4. to make payment of a sum of £50,000 for the first
tranche to Homes for Wells immediately
Reasons for
Recommendations:
These recommendations are made to help support the
aims of the Corporate Plan and ensure appropriate
funding can be provided expeditiously to enable the
Enabling Fund projects to proceed.
LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW
(Papers relied on to write the report, which do not contain exempt information and which are not
published elsewhere)
Cabinet Member(s)
Ward(s) affected
Cllr T Ivory
All
Contact Officer, telephone number and email:
Robert Young. x6162, robert.young@north-norfolk.gov.uk
1.
1.1
Introduction
The North Norfolk Big Society Fund and the Enabling Fund have been
operating this financial year with £450,000 of the discretionary element of the
second homes Council Tax. This sum is divided equally between the two
funds and following Cabinet‟s decision in April this year their administration
has been undertaken in-house.
8
1.2
Applications for the North Norfolk Big Society Fund are determined by the
Grants Panel, established by Cabinet, while proposals for use of the Enabling
Fund are first of all considered by the Assets and Localism Board and then
determined by Cabinet. This report provides an update on the operation of the
Big Society Fund, following the second of the quarterly Panel meetings and
presents two proposals for use of the Enabling Fund for Cabinet‟s
consideration.
2.
2.1
The Big Society Fund
Grants awarded so far this year amount to £101,007 for thirteen projects,
which have a total project value of £341,863. These projects are summarised
in the table below. Applications that have not been awarded funding have
been offered help, advice and support, which has resulted in some coming
back with successful, revised applications and others making applications to
other funds more appropriate to their projects. The Atrium project, which
originally came in as an application for support from the BSF is now being
presented (in a changed format) as a proposal for the Enabling Fund
(addressed elsewhere in this report).
2.2
Administering the Fund in-house has, in many instances, enabled NNDC staff
to advise on the development of project ideas, to provide assistance to
organisations in submitting applications to the Fund and to assist in the
implementation of successful projects. This has also enabled NNDC to help
monitor the outcomes of projects supported by the Fund and, where
necessary, improve their effectiveness in meeting the Fund‟s objectives. This
close contact with projects has further helped in achieving the Localism
priorities of the Corporate Plan, improve the overall effectiveness of the grant
scheme and gain wider recognition and publicity for the Big Society Fund.
Applicant
Project summary
Edgefield Village
Hall
Norfolk & Suffolk 4
x 4 Responders
Sculthorpe Village
Hall
Thornage
Parochial Church
Council
Blakeney Parish
Council
Annex repair fund and
insulation of the main hall
Flood Operations Personal
Protection Equipment
Extending and refurbishing
kitchen
Installation of a toilet, a
kitchenette, and to improve
disabled access.
Contribution towards the
cost of providing and
installing play items
Improve and update the
kitchen
Fakenham Rugby
Union Football
Club
Sidestrand
Reading Room
Hindringham
Village Hall
Langham Playing
Field Committee
Grant
award
£5,000
Total project
value
£52,373
£1,200
£4,000
£5,000
£12,600
£10,000
£58,182
£5,000
£81,695
£12,500
£12,500
Refurbish the Reading
Room so that it can re-open
Refurbish the village hall
£9,000
£15,888
£7,000
£7,440
Replace old play equipment
£8,357
£15,357
9
Sheringham and
Cromer Choral
Society
The Poppy Centre
Trust
Potter Heigham
Village Hall
Management
Committee
Little Snoring PreSchool
Support an open public
workshop and
remembrance concert
commemorating the
centenary of the outbreak
of the First World War.
Build toilet and changing
room facilities
To replace old and noncompliant play equipment
Contribution towards cost of
a replacement modular
building
Total
£10,450
£66,856
£15,000
£28,641
£7,500
£19,286
£5,000
£75,041
£101,007
£341,863
2.3
Financially, the Fund is more-or-less on course, with just over half of the
allocated budget remaining and two further Panel meetings before the end of
the year. The majority of projects funded in the scheme‟s first year have now
been implemented, although some remain outstanding due to a variety of
circumstances (for example the need to source additional match-funding).
Where feasible (based on evidence of deliverability on a case-by-case basis)
the decision has been taken to extend the period within which the funds were
expected to be spent, so as to provide the best chance of each project‟s
objectives being achieved.
2.4
In order to inspire communities to develop projects, the Fund has been
continually promoted through a variety of channels. The most effective
publicity is the celebration of the successful implementation of a project and
the Council has been keen to exploit the publicity that brings in order to
promote the grant scheme.
2.5
The Panel (and staff in the Communities team) have been continually
impressed with the amount of commitment and effort put in by local
volunteers to projects within their own communities. Whilst the award of grant
is a boon to delivery of successful projects, this does not always recognise
the contribution made by individuals. It is suggested therefore that an award
scheme is set up to celebrate the commitments and achievements of
individual volunteers who are associated with the projects that have been
awarded funding from the BSF since it was established. The following three
award categories are suggested but it is recommended that agreement of the
details of how the award scheme is administered be delegated to the Big
Society Fund Grants Panel.
2.6
The suggested categories are:
 Under 18‟s – for a young person who has shown energy, creativity,
commitment and determination to help effect change in their local
community
 Adults – for a person who has shown energy, drive, creativity,
determination and commitment to help effect change in their local
community
10

Big Society Award for Outstanding Commitment to a local community
project – for anybody who has made an exceptional contribution to the
success of a project within their community
2.7
As well as recognising individual contributions to past projects, it is hoped that
an award scheme such as this will help inspire others to do the same in the
future and it will assist in the promotion of the Big Society Fund and the
opportunities it brings. An award „event‟ can also serve as a great opportunity
to bring different communities and project sponsors together to share
experiences, provide mutual support and reinforce the ethos behind the Big
Society.
3.
3.1
The Enabling Fund
The Enabling Fund was established alongside the BSF to assist with the
development and implementation of community projects that help deliver the
Council‟s priorities and make a real difference within communities. The
Localism Board (which has since merged with the Assets Board) provides a
steer for the development of such projects, whereas the funding decision on
these lies with Cabinet.
3.2
To-date, interest in the Fund has come from a variety of organisations, whose
projects fall outside the Scope of the BSF (e.g. larger projects). Discussions
with potential applicants have led to the development of project ideas, which
in turn has often led to the investigation of alternative sources of funding or
other ways of meeting the need; however, two firm proposals have now come
forward for support from the Fund, which are now put before Members for
consideration – The Atrium North Norfolk Ltd and Homes for Wells. These
projects are detailed below.
4.
4.1
The Atrium
The Atrium North Norfolk Ltd. operates The Atrium venue in North Walsham.
It previously made an application to the Big Society Fund for support with
costs relating to the recruitment and development of volunteering activity in
the venue. For various reasons the bid was not able to be supported;
however, upon further analysis of the organisation, other needs were
identified. It was agreed that the Atrium needed support with the
establishment of a business plan that will enable it to become both more
sustainable as a business in its own right and to be in a better position to
obtain grant funding from a wide variety of possible sources. Support from the
Enabling Fund is therefore sought to assist in this endeavour, as described
below.
4.2
This project is to commission a market analysis and business plan that will
drive the organisation, and the venue, forward for the next 5-10 years. The
business plan will develop a robust platform for the future development of
activity and income streams that will sustain the venue and respond to the
community and cultural needs of the area. The aim of the project is to
undertake the market analysis and frame a business plan which obtains
answers to the following inter-related questions:
 Income - What are (a) the safe and (b) the best-case projections for
self-generated income? What therefore are the fund-raising targets that
have to be set? What are reliable levels of income that can be
projected from grants from charitable trusts?

Clients/Audiences How do the different markets/audiences interact?
11

Needs Are there unmet needs and unrecognised opportunities within
north Norfolk that fall within the company‟s charitable purposes?
5.
5.1
Homes for Wells
An approach was made by the directors of Homes for Wells (HFW) to North
Norfolk District Council for financial assistance to help meet the shortfall in
capital funds required to develop eleven affordable housing units (including a
caretaker‟s cottage) on the former Wells Field Study Centre site. The report
considers the basis on which funding may be provided, having considered
various options, from the North Norfolk Big Society Enabling Fund. The
outstanding requirement of finance to cover both the purchase and the
conversion of the Field Study Centre (based on estimates of the development
cost) has been presented to the Council as amounting to approximately
£150,000. This report recommends an approach that balances the need for
the organisation to maintain a sustainable financial basis for the project whilst
reducing any financial risks to the Council. The outcomes of the project and
its compliance with NNDC‟s corporate objectives are also taken into account.
5.2
Homes for Wells is a Community Land Trust and legally constituted as an
Industrial Provident Society with over 50 shareholders. It was formed for the
benefit of the community, with the objective of “providing social housing,
accommodation and assistance to help house people and associated facilities
and amenities for local people, key workers and others making significant
contribution to the community and economy”. HFW currently has three
existing dwellings that are rented out on an affordable basis to key workers.
5.3
Wells-next-the-Sea suffers from a lack of affordable housing for local people
and key workers, largely due to its popularity as a tourist and retirement area
(forcing house prices and rents beyond the reach of local people).
Opportunities for development of affordable housing in Wells-next-the-Sea
are extremely limited and consequently when the Wells Field Study Centre
became available HFW saw its potential to be sympathetically converted to
this use. The Wells Field Study Centre was therefore purchased by Homes
for Wells from Norfolk County Council in August 2012 (for £500,000) in order
to help fulfil its ambitions of providing affordable housing for key and local
workers in the town. The purchase was undertaken and signed off on the
covenant that the property could only be used for affordable housing for local
families and key workers (e.g. nurses, teachers, those working for emergency
services etc.). The purchase was completed in April 2013 and HFW now have
freehold ownership.
5.4
The scheme for the conversion of the Field Study Centre to ten new homes
plus the existing caretaker‟s house (4 x 1 bedroom, 5 x 2 bedroom and 2 x 3
bedroom) was granted planning permission in October 2013. The occupation
of these units, once completed, will be determined in accordance with HFW‟s
allocation policy. The successful development of this scheme will help meet
several key objectives in NNDC‟s Corporate Plan and consequently HFW,
having arranged to finance the scheme from a variety of sources, are seeking
a contribution from NNDC to assist in meeting the balance of the conversion
costs.
5.5
NNDC‟s Housing strategy team was supportive of the Homes for Wells bid to
the Homes and Communities Agency for funding to convert the former field
studies centre on Polka Road Wells to provide affordable homes. Nicola
Turner (Team Leader – Housing Strategy) has worked closely with Homes for
12
Wells to help them produce their affordable rents and allocations policy. The
Homes for Wells allocations policy is appropriate to their aim of providing
housing for key workers, volunteers and local people who have a proven
connection to the town and who are in housing need. The Council, however,
will not have any nomination rights to the new homes; but the allocations
policy will ensure that Homes for Wells let its properties through a fair and
transparent process, taking account of housing need and local connection to
the town.
5.6
In addition, NNDC‟s Chief Accountant has provided figures that indicate the
level of New Homes Bonus (NHB), based on the ten units created by the
conversion (not including the existing caretaker‟s house). Accounting for the
post 2015 position (in relation to a LEP pooled contribution amount) the
scheme is likely to generate £44,678 in NHB to the Council (based on a 6year period). The one remaining property, the Caretakers cottage, was not
considered part of the Homes and Community Agency bid for grant funding,
however does present a further opportunity for one more three-bed property
to be converted for affordable housing.
5.7
The finances of the scheme have been evaluated in consultation with HFW
Directors and are as follows. The £500,000 purchase of the Field Study
Centre was funded from the reserves of Homes for Wells, loans from
supporters and donations. The costs of converting the Field Study Centre into
ten dwellings will be funded primarily by a grant from the Homes and
Communities Agency (£410,000) and a loan over 8 years at 5% from
Resonance; there remains a shortfall against the estimated scheme costs
which HFW hope will be met by contributions from NNDC.
5.8
The timing of the conversion work is set for eight months, commencing in
March 2014 with occupation of the dwellings occurring in November 2014.
6.
6.1
Conclusion
The way in which the Big Society Fund and Enabling Fund have been
established appears to be effective so far in meeting the expectations of the
Council. The external grant scheme has attracted a great deal of interest and
has been instrumental in the implementation of many beneficial projects,
leveraging more than three times the value of the sums invested. The Fund is
a most effective way of helping improve the wellbeing of communities in North
Norfolk and the support that is provided „around the fund‟ is helping to focus
resources on achieving this objective.
6.2
Whilst the full balance of the Enabling Fund remains to be spent, there has
been much interest in it and the necessary discussions have been taking
place to ensure any emerging (usually more complex and larger) projects are
appropriately aligned. Such projects will inevitably have a longer lead-in time.
The Atrium and Homes for Wells have come forward with the first proposals
that are recommended for support.
6.3
The Atrium‟s proposal will yield real dividends not only for that organisation in
its business and financial planning but helping it to secure a sustainable
future for a valuable community and cultural asset.
6.4
The Homes for Wells proposal is obviously a far higher magnitude but is
rooted in an indisputable need for affordable housing (in Wells-next-the-Sea);
13
the alleviation of which closely aligns to our own corporate objectives. Homes
for Wells has taken a brave step in the acquisition of, and formulation of plans
for, the former Field Study Centre to provide a total of eleven dwellings to be
available at affordable rents. The Council‟s Housing Strategy Team Leader
supports the proposal, citing the lack of alternative development opportunities
in the town and surrounding area, and the scheme has been supported by the
Homes and Communities agency with a grant offer of £410,000.
6.5
The Wells scheme chimes with the purposes of the Enabling Fund, which
comprises the District Council‟s share of the „second homes‟ Council Tax.
„Returning‟ a proportion of the Enabling Fund to one of the areas with the
highest proportion of second homes (thus experiencing some of the most
acute consequences of second home ownership) would seem entirely
appropriate. In addition, a substantial sum would be accrued by the Council
from the successful implementation of this scheme, via New Homes Bonus. It
is considered prudent therefore to provide a grant to enable the scheme to
proceed in a timely fashion but to ensure payments are appropriately phased
so as to safeguard against any risk that the development doesn‟t go ahead as
planned.
6.6
Delegated authority is thus sought for the Chief Executive to act appropriately
in providing the necessary financial contribution to both projects within the
parameters suggested.
7.
7.1
Implications and Risks
This report follows on from that presented to Cabinet in April 2013. At that
time the full risks associated with the current set-up of the Big Society Fund
and the Enabling Fund were considered. This report deals with the operation
of these funds and no additional risks have been identified. Failure to support
projects with these funds could give rise to reputational risks, and such an
event would need to be mitigated by a review of the way in which the Funds
are administered and the governance procedures. No such risk exists at
present, although the Assets and Localism Board will need to monitor the
development of projects to be supported by the Enabling Fund in particular, to
ensure funds are spent according to expectations.
8.
8.1
Financial Implications and Risks
The spend profile of the Big Society Fund is in line with expectations.
Sufficient funds exist in the Enabling Fund to meet the proposals from the
Atrium and Homes for Wells outlined in this report. Exercise of delegated
authority in agreeing the precise terms of the funding granted to the two
Enabling Fund projects will ensure that sufficient flexibility is available to
protect against risk, ensuring that appropriate milestones are achieved before
funding is committed.
9.
9.1
Sustainability
There are no anticipated impacts on sustainability arising from the
recommendations in this report.
10.
10.1
Equality and Diversity
There are no anticipated impacts on equality and diversity arising from the
recommendations in this report.
11.
11.1
Section 17 Crime and Disorder considerations
There are no anticipated impacts on crime and disorder arising from the
recommendations in this report.
14
Agenda Item No_____9_______
ENFORCEMENT BOARD UPDATE
Summary:
This report provides an update to Members on the work
of the Enforcement Board over the past six months and
also gives an assessment of progress made since the
Board’s inception, in December 2012, to provide a
cohesive enforcement approach in respect of long term
empty properties and other difficult enforcement cases.
In broad terms, at the time of writing, the Board has
considered 81 properties, 46 of which have seen a
positive outcome, with the remainder on-going. In
addition, significant amounts of money due to the
Council have been recovered in terms of council tax and
business rates and almost all of the cost associated with
the Board’s work has been or will be recovered.
Conclusions:
The Enforcement Board has made significant progress
towards its objectives of dealing with difficult and long
standing enforcement cases and bringing long term
empty properties back into use, with both social and
economic benefits, and financial benefits to the council.
In terms of future work a number of lessons have been
learnt from the cases dealt
with
so
far
and
recommendations are made within this report to take
this learning forward.
Recommendations:
1.
That Cabinet notes the progress made to
date by the Enforcement Board.
2.
That an earmarked reserve of £200,000 be
established as outlined within section 8.2 of
the report to fund both capital and revenue
expenditure as recommended by the
Enforcement Board and that release of the
funds be delegated to the Corporate Director
in consultation with the Head of Finance.
3.
That the current capital programme be
updated to reflect the removal of the current
budget for Empty Homes.
4.
That the legal support to the Enforcement
Board is funded for 2014/15, from the above
reserve.
5.
That Corporate Director and Head of Finance
are delegated to prepare a charging regime
for serving of Notices, where this is allowed
by statute, at the earliest possible date.
15
Reasons for
Recommendations:
To ensure appropriate governance of the Board.
To enable direct funding for the Board’s work.
To maximise cost recovery to the Council, within the
limits set by statute, in respect of enforcement work.
LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW
(Papers relied on to write the report, which do not contain exempt information and which are not
published elsewhere)
None
Cabinet Member(s)
Ward(s) affected
Cllr Trevor Ivory
All Wards
Contact Officer, telephone number and email:
Nick Baker, Corporate Director
01263 516221
nick.baker@north-norfolk.gov.uk
1.
Introduction
This is the second, six monthly update on the work of the Enforcement Board,
which members will recall was set up to tackle long term empty homes and
difficult, often long standing, enforcement issues. The cases dealt with have
involved a wide range of the Council’s service areas and the Board was
tasked with bringing a focus to each case, by ensuring all the Council’s
regulatory and enforcement powers were considered, in order to bring about
the required resolution to the issue at hand.
In terms of empty homes there were, and still are, a number of issues arising
which provided good reason to act. As well as the obvious social advantage,
of utilising as much of the District’s housing stock as possible, thereby
maximising housing provision, many long term empty properties attract New
Homes Bonus to the Council when brought back into use. As a guide, for
every empty property that is brought back into use that is eligible for New
Homes Bonus, the gross receipt to the Council is in the region of £7,000 over
6 years. This is before the top-slicing of an element of the Bonus which comes
into effect from 2015/16 which would reduce the amount retained by between
£1,300 and £2,500.
However, in addition to New Homes Bonus, by bringing these properties back
into use, the Council is then able to maximise its Council Tax collection from
the properties in question, on an on-going basis, from them being occupied
and having Council Tax paid. In addition, it is clear that some owners have
16
deliberately sought to take properties out of banding for Council Tax with the
Valuation Office, thus avoiding any claim the Council may otherwise have for
Council Tax or Non-Domestic Rates.
Furthermore, empty properties; not only houses but commercial premises and
land; often cause blight to the local neighbourhood, both by looking an
eyesore, and also by attracting anti social behaviour, as well as being sites for
flytipping, drug misuse and where rodents and birds cause pest control
issues. The properties may also become dangerous by way of structural
instability or being open to access by children, etc.
Within the District are also a number of individuals whose business activities,
especially around property ownership, but also in the areas of environmental
pollution, planning and conservation, landlord and tenant relations and
council tax evasion; have a very negative effect on the local economy.
The setting up of the Enforcement Board has enabled a different and more
effective approach to be taken in respect of these problems. As well as
allowing in some cases, a range of enforcement powers to be used in a
combined manner to solve a problem, the Board has been able to focus on
the most appropriate solution rather than, as has happened historically, a
more haphazard approach to difficult cases.
Dealing with difficult cases in this way has also driven more innovative
approaches to the use of the Council’s legislative powers. We have been
successful for example, in persuading the Residential Property Tribunal that
Housing Act powers primarily designed to protect tenants from poor
conditions, can also be used for the purposes of improving our housing stock
more generally, even where the property may be currently empty.
Whilst Members do not routinely sit at meetings of the Enforcement Board,
because of legal sensitivities around enforcement decisions; where decisions
have a wider implication and/or risk, CLT and or relevant members are
involved in the decision making process. Other decisions are taken under
officer delegated powers.
In addition, local members and Group Leaders are kept informed of progress
on the individual cases being dealt with by the Board.
2
Progress update
2.1
General
Since its inception in December 2012 the Board has continued to meet
fortnightly to ensure that good progress continues to be made across the full
range of cases under consideration.
The Board has considered the following numbers of properties with a
significant degree of success. Over half the properties considered have been
or are being brought back into use following intervention by the Board.
Long term empty properties (over 6
17
46
months) but now occupied , being
renovated/developed for occupation or
sold/up for sale:
Works or enforced sale scheduled to be
undertaken in the near future:
Properties being considered for Empty
Dwelling Management Orders:
Other Enforcement Action:
On hold or No Further Action:
Total:
9
4
20
4
81
2.2
Long Term Empty Homes - on the Council Tax Return
2.2.1
At October 2012, the Council had 886 long term empty properties,
defined as those which had been unoccupied for longer than six months, and
which appeared on our Council Tax Return. Clearly, these numbers
constantly change, as properties come back into use or reach the six month
point. Importantly, it should be noted that these properties may be counted
against new homes built for the purposes of establishing the level of New
Homes Bonus to be paid to the Council.
2.2.2 The Council’s Housing Strategy, approved in November 2012, provided an
approach towards owners of long term empty homes, to encourage them to
deal with the property, after which the Enforcement Board would take the
case on for action.
Originally, it was envisaged that this strategy would be delivered by the
Council’s Housing team but the difficulties in data sharing across services and
in delivering bulk mailing led to this work being taken on by the Revenues and
Benefits Team. A successful pilot during April/May 2013 meant that officers
got a better understanding of, and were able to streamline the process,
meaning that action could be taken more quickly where required.
It should be noted that the data sharing issues referred to above, around the
Land and Property Gazeteer, are now being taken forward in a separate
corporate project, to ensure that such data is able to be more effectively
shared across all of the Council’s services
2.2.3 A high proportion of the enforcement work has been focussed around the
private sector housing legislation, significantly increasing the workload in that
small team. The decision was made to transfer this work into the
Environmental Health team to provide more resilience and allow a better
focus of approach with wider regulatory/enforcement experience. In addition,
many of the properties also have non-housing issues associated with them
which meant that the case could be dealt with by one officer.
As a result, a scoring matrix has been developed to ensure that operationally,
officers are able to prioritise those cases which are having the most significant
negative effect, across the full range of issues.
2.2.4 The latest figures on the Council Tax return in October 2013 saw a reduction
from 887 to 561, a decrease of 325 properties.
18
2.3
Long Term Empty Homes - Others
2.3.1 In addition, there are many properties which do not appear on the Council Tax
Return but which are empty nevertheless. The exact number of these is not
known and, whilst these may not attract New Homes Bonus, they are still a
potentially valuable supply of housing in the District and will attract Council
Tax if brought back into use. They also provide a boost for local economic
activity if work is required to be undertaken, in order bring them back into use.
2.3.2
There are a variety of reasons for these properties being empty. Some are in
probate and technically have no legal owner; others have been abandoned
and some are deliberately being kept empty for financial reasons. Whilst the
increases in Council Tax on empty homes have definitely encouraged some
owners to bring properties back into use, it has also meant that some have
become more determined to avoid paying, or have tried to change the status
of the property concerned.
2.4
Relationship with Other Agencies
2.4.1
Whilst the Council has many powers which can, and now are being brought to
bear in respect of these cases, the Board’s work so far has shown there is a
need for us to have a close and improved working relationship with a number
of other organisations if we are to be as effective as possible.
2.4.2 Perhaps the most important of these is the Government’s Valuation Office
(VO). The VO is responsible for allocating Council Tax banding or Business
Rates value to properties. However, properties can be taken out of banding
for a number of reasons, for example if they are undergoing major building
works and are therefore uninhabitable.
A number of property owners have taken advantage of this position and have
persuaded the VO to take their property out of banding, therefore meaning
that the Council can no longer collect tax against the property. We are
therefore trying to ensure a closer working relationship with the VO in the
hope that where such requests are made, the Council is also notified before
any decision is made. In addition, where we believe a property should no
longer be out of banding, we need to be able to approach the VO to make the
necessary change, thus maximising our chance of collecting tax which is then
due to the Council.
2.4.3 The Board is also taking forward an application proposal with the Homes and
Communities Agency (HCA) for funding to bring empty homes back into use.
Such funding is available for a wide variety of related activity and can include
the costs of legal and other supporting work. At this stage, an initial proposal
has been made in principle, with a view to securing funding in the future.
Critical to the success of this application will be having a Registered Provider
available to work with us and property owners, to ensure that improved
homes, the funds for which may be made available by the HCA, are made
available as social or affordable housing.
2.4.4 In North Norfolk, the obvious choice of Registered Provider will be Victory
Housing Trust and discussions are on-going with Victory in this regard, with
agreements now being drafted.
19
In addition, we need the Registered Provider to also administer Empty
Dwelling Management Orders (EDMOs) for us and again, Victory would be
our preferred option, with discussions on-going. The use of EDMOs is
potentially very useful to us as it enables the Council to effectively take a
property away from an owner and manage it for the purposes of providing
housing to those on the Council’s Housing waiting list. Clearly, this is one tool
which may put significant pressure on property owners to make empty
dwellings available for occupation.
3
Difficult Enforcement Cases
3.1
As mentioned above, as well as the empty homes issues, these cases are
more complex in nature and range from properties causing long term or
significant blight, as opposed to merely being empty, through to people with
large and potentially deliberate debts to the Council and illegal business
activities, that cause high risk of pollution or are putting jobs at risk.
Often, a cross-service approach is the only way forward and it is already
being found that many of these cases require very high levels of formal
intervention, sometimes with outside agencies, such as the Environment
Agency and utility providers.
Our focus has been on those cases where the Council’s intervention (or lack
thereof) will give us the best chance of securing an improved position in terms
of local environment, safety, revenue collection or reputation
Most of the cases examples are summarised in the appendix attached,
although some are not in the public domain because of associated legal
issues.
3.2
There has been significant input to these cases by eastlaw, the Council’s
legal services team and in some cases this has required a more innovative
approach. This is not without risk and involves testing the law where
necessary and taking court action such as enforced sale of properties, where
possible.
3.3
The key to the successes so far is that eastlaw is involved from the initial
case preparation and identification of potential legal options, right through the
cross-service team involvement, providing advice, through to presenting the
case to the relevant court or tribunal.
3.4
Due to this team approach in dealing with cases, there has been a substantial
increase in the use of Notices to compel improvements to properties and this
has resulted in an increase in the number of hearings either at the County
Court, Magistrates’ Court or Residential Property Tribunal.
3.5
The increase in legal resource is met through full legal costs recovery, where
possible, particularly in relation to enforced sale applications, where the
Council takes possession of the property following a charging order and
disposes of it. The costs recoverable from this will be in excess of £30,000 for
the current financial year.
3.6
Additionally, eastlaw, through the use of statutory demands and other debt
recovery methods, has recovered £34,000 in unpaid council tax and business
rates which historically would not have been collected.
20
3.7
The cost to the Council of providing this legal support is in the region of
£25,000 per year.
3.8
This has been funded from reserves for the current year but this is not
sustainable for 2014/15. Consequently, to maintain the same level of legal
support, further funding will be required for 2014/15. Whilst these costs are
likely to be recoverable through enforcement action, an initial reserve budget
will need to be allocated and this is discussed later in the report.
3.9
Officers have also engaged with offenders’ solicitors and other professional
advisors where necessary, to reinforce the Council’s position in order to
secure improvement.
External advice and assistance, other than legal advice, has also been taken,
where the Councils own teams do not have the capacity or knowledge but,
where possible, appropriate learning has been taken from such assistance to
improve our own resilience for the future.
3.10
There is also a need to maintain a capital reserve to undertake compulsory
purchase where this becomes necessary.
There are a number of properties where notices have been served to compel
works and owners have failed to do so. This means that the Council can do
these works in default and charge the owner the cost of the works. If the
owner does not pay the costs, then the Council will attach a charge to the
property and sell it to recoup the costs. This is considered a very effective
means to secure improvement of the properties, but one which historically,
the Council has rarely used.
Two such cases are ongoing at present. Firstly, housing works to provide
heating and insulation, to an elderly and vulnerable tenant in a listed property,
where the landlord has refused to complete the works. Secondly, at the
disused Broads Hotel in Hoveton, where the empty buildings have blighted
the neighbourhood for over 10 years.
These two properties have combined costs associated with them of over
£100,000, and there are a number of others where works in default are
currently being tendered or likely to be so in the near future.
3.11
Cases have also been pursued where longstanding business rates or other
debt needed to be recovered. One situation arose where the owner tried to
transfer properties into shell companies to avoid future payments, and we
have also had success at reaching the point of enforced sale in respect of
empty properties with high levels of unpaid Council Tax.
4.
Future Working
4.1
Members will recall that a capital budget of £200,000 was set up to cover the
potential for Compulsory Purchase Orders (CPO) to be funded from capital
receipts as part of the current capital programme.
The works associated with preparing for a CPO or other structural works are
considered to be revenue. It is therefore not possible to use the capital
budget for these purposes. Whilst the potential for CPO still exists, we cannot
21
forecast how much is likely to be needed in any one case and this would be
subject to a separate report to Members. If anything, it is suggested that
£200,000 may not be enough for a CPO, although the likelihood of needing it
is not great, given that Compulsory Purchase is generally, the last resort.
4.2
In addition, where a number of legislative powers are being used to force
action, it is very difficult to accurately account for rechargeable services,
given that different services are involved in the case.
As such, a recommendation follows in respect of setting up a revenue reserve
of £200,000 to be allocated to fund the costs incurred in delivering the work of
the Enforcement Board. This will be used for both legal action and works in
default and as costs are recovered they can be placed back into the reserve.
4.3
It is considered that there is also a need for performance reporting to cover
financial issues, such as the different levels of costs, Council Tax and
Business Rates recovered, and New Homes Bonus accruing from the cases
taken forward by the Board. It is proposed that this will be brought forward
with effect April 2014.
4.4
The local media has taken a keen interest in the work of the Board and, as a
result, the public has been made very aware of some of the cases being
taken forward.
We are now taking a more obvious publicity approach with regards to
properties where we gain possession in order to enforce a sale, with Council
sign boards being erected at these properties, explaining the action being
taken. It is hoped that this type of action will have a deterrent effect, as well
as positively promoting the Council’s actions in this area.
In addition, we are using the Council’s website and social media to further
promote the actions being taken and this will continue wherever appropriate,
especially with the use of “before and after” photographs of properties which
have been the subject of successful action.
5.
Performance Management
5.1
Local members have continued to be kept informed of cases being taken
forward in their wards and Group Leaders are also being kept informed of all
cases. This continues to be well received.
5.2
Where appropriate Town and Parish Councils have also been kept informed
and where there is an obvious legal risk or implication, the relevant Portfolio
holder has also been informed, as well as the local member.
6.
Implications and Risks
6.1
The use of the Council’s powers in different ways will almost certainly cause
some complaint from those who have not previously seen direct action from
the Council in respect of property issues.
It is therefore essential that we ensure both the technical and legal processes
used are sound and that, in terms of our reputation, our rationale for action is
clearly understood.
22
6.2
As has been stated above, a number of these properties give rise to local
blight and therefore expectation on the Council to resolve the issues. It is
important that we are seen to act in such cases, in order to resolve matters of
concern for local communities.
6.3
It is however, also important that we act sensitively in some cases (as has
been done), and that we adhere to our own Enforcement Policies in terms of
proportionality.
6.4
There is also a reputational risk involved, if we lose legal action. Whilst this
can be mitigated by good process, evidence gathering etc, we are seeking to
be innovative in our use of legal powers and we may not always win the case
concerned.
7
Financial Implications and Risks
7.1
It is essential that the Council collects all that is due to it and addresses the
unfair situation of some individuals evading payment. The recent increase in
Council Tax to 150% on properties empty for over two years will provide an
incentive for owners to bring those properties back into use, but may also
provide an incentive for them to evade payment.
There is also a significant opportunity with long term empty properties on the
Council Tax Return, as each one brought back into use attracts New Homes
Bonus payments.
The work of the Enforcement Board supports both of these issues.
7.2
As has already been discussed, there is a need to provide a reserve for
additional legal work, works in default etc, brought about by the Board’s work.
It is anticipated that wherever possible, the costs of all enforcement works,
including structural repair works will be recovered and will be transferred back
to the reserve. There will however be a delay between the costs being
incurred and the recovery of the costs.
As mentioned earlier in the report, the existing capital budget within the
capital programme cannot be used for the revenue costs for enforcement. It is
therefore recommended that £200,000 be allocated from the capital projects
reserve (which can be used for either capital or revenue purposes) for
enforcement work and the current capital budget be removed from the capital
programme. Should capital budgets be required in the future, these will need
to be reported to Members and approved as required.
7.3
The work of the Enforcement Board has resulted in a total of 51 notices being
served in order to ensure that positive action is taken. At the current time, the
Council does not charge for the service of notices. However, there is a
significant amount of work involved in preparing and serving the statutory
notices on property owners and which it is felt, the council tax payer should
not have to bear. Consequently, officers would recommend a charging
regime is introduced for all notices where this is possible with immediate
effect, in order to recover as much of this cost as is allowed by statute..
23
7.4
In terms of risk, there is, in some cases, a risk of not being able to recover
costs; both for officer and legal costs, and works in default. However, this risk
are being mitigated, through good intelligence and evidence gathering and
ensuring that the correct processes are followed during any action taken.
8
Sustainability
The only sustainability implications directly resulting from the
recommendations considered in this report are around better use of existing
housing stock, as opposed to new build.
9
Equality and Diversity
There are no equality and diversity implications directly resulting from the
recommendations or options considered in this report.
10
Section 17 Crime and Disorder considerations
Some of the work being undertaken by the Board has a direct link to criminal
activity, around deliberate Council Tax avoidance. In addition, a number of
empty properties have been associated with anti-social behaviour, which of
course will be removed when properties are brought back into use.
11
Conclusions
11.1
The Enforcement Board has made significant progress towards its objectives
of dealing with difficult and long-standing enforcement cases and bringing
long term empty properties back into use, with both social and
economic
benefits, and financial benefits to the council.
11.2
In terms of future work, a number of lessons have been learnt from the cases
dealt with so far and recommendations are made within this report to take this
learning forward.
24
Appendix 1
Key Activity on Long Term Empty Properties (as at 14 November 2013)
Note: this is not an exhaustive list of cases
Property
Issues
Action
56 Beeston
Common,
Sheringham
Dilapidated,
overgrown garden
Empty for over 10
years
Housing Act 2004 s239 Notice served,
setting out the main powers available
to Council.
Estate Agent confirmed instructions
received to market the property by end
of 2013.
55 Beeston
Common,
Sheringham
Dilapidated,
overgrown garden
As above.
35-36 Beeston
Common,
Sheringham
Extremely
dilapidated
Empty for over 10
years
Housing Act 2004 s239 Notice served,
setting out the main powers available
to Council.
Surveyor instructed and
Schedule of Works being drafted.
Owner has agreed to complete works.
1 and 2 Church
Cottages, West
Runton
Dilapidated and in
poor repair.
Overgrown and
untidy garden,
attracting anti-social
behaviour, local
blight.
s215 Notice served and garden
cleared.
Housing Act Improvement Notices
served, requiring works to commence
October 2013.
Notice of Entry to do works under
default served as work not started by
due date.
Works commenced w/c 11 November.
Waterbank Road,
Sheringham
New build linked to
ownership and
improvement of
Church Cottages,
West Runton
2-3 The Hill, Trunch
Dilapidated property
Housing Improvement Notice drafted,
currently suspended under Armed
Forces Community Covenant.
121 Mundesley Rd,
North Walsham
Empty since 2007
Dilapidated,
overgrown garden
Squatters and antisocial behaviour
Legal pressure and Housing Act
Notice on owners by NNDC led to
sale.
New owners renovating with estimated
completion date for occupancy March
2014.
25
Council Tax completion notices served
September 2013.
2 houses sold, 3 almost complete and
for sale.
13 Britons Lane,
Beeston Regis
Empty since 2003
Unkempt garden
detracting from
neighbourhood
amenity
Unpaid Council Tax
24 Corbett Road,
North Walsham
Empty Property –
deteriorating and
attracting anti social
behaviour
2 River Court,
Hempton
Overgrown garden
detracting from
neighbourhood
amenity.
Empty since 2001
Housing Act Improvement Notice
served but owner appealed.
Appeal to
Residential Property Tribunal (RPT)
lost.
Liability Order now confirmed in
respect of Council Tax arrears.
15 Calthorpe Close,
Stalham
Overgrown garden
detracting from
neighbourhood
amenity.
Unoccupied for
minimum of 6 years
Reviewed again from 3 October
Environmental Protection Team to visit
to check state of garden and if
property is being lived in
Clarence House,
The Buttlands,
Wells next the Sea
Listed building in
prime site, in poor
condition detracting
from neighbourhood
amenity.
On English Heritage
Properties At Risk
Register.
Empty since 1974
Housing Act Improvement Notice
served April 2013 requiring significant
works to commence.
Appeal against Improvement Notice
received but dismissed by RPT.
Notice of Entry to do Works in Default
served.
Conservation and Design team
inspecting to establish urgent repairs
in interim.
36 Beck Close,
Weybourne
Empty since October
2010
Housing defects
Untidy and
overgrown garden
detracting from
neighbourhood
amenity
Housing Act Improvement notice reserved giving no right to appeal.
To review if work has started in
January 2014.
26
Final Council Tax Charging Order
obtained
Application made and granted for
enforced sale with costs.
Legal team in process of selling
property
Locks changed and auction date to be
agreed.
Environmental Protection Team to
monitor the property in case of
unauthorised access.
Publicity signs up at premises.
Housing Act 2004 s239 Notice served,
setting out the main powers available
to Council.
Owner now in discussion with officers
22 All Saints Close,
Weybourne
Empty since
approximately 2001
Untidy forecourt and
garden detracting
from neighbourhood
amenity
Housing defects
s215 notice served in September
requiring works.
Notice of Entry to do Works in Default
to be served in January if work not
progressing
2 Seastone
Cottages,
Weybourne
Empty for 16 years
Dilapidated property
with significant
defects
On hold until January 2014 as no
probate in place.
Legal team have successfully applied
for enforced sale but full costs may not
be able to be recovered.
To review in December to consider
Empty Dwelling Management Order
(EDMO), dependent on confirmation of
Registered Provider.
43B Seaview Road,
Mundesley
Empty since
September 2008
1 Angel Court,
Cromer Road, North
Walsham
Empty since 2009
Property remains for sale.
Legal have applied to court for a
Charging Order
33 Oak Street,
Fakenham
Empty since
approximately April
2008
Property dilapidated
externally
Ownership issues resolved
Notice of Intention to serve an EDMO
served on 30 October.
Awaiting response.
Former Shannocks
Hotel, High Street,
Sheringham
Flats 1 and 2
Externally
dilapidated
detracting from
neighbourhood
amenity
Flat 1 – empty
March 2011
Flat 2 – June 2010
Owner has until November to complete
relatively minor s215 works.
To commence discussions re potential
development scheme.
11 St Austin’s
Grove, Sheringham
Extremely
dilapidated internally
and externally
Structurally
dangerous
Legal pressure applied to owners,
threatening action.
Property sold, renovations underway,
with anticipated completion date of
January 2014.
37 St Giles Road,
Swanton Novers
Empty since 2001
Dilapidated and in
poor condition
detracting from
neighbourhood
amenity
Notice of intention to serve EDMO
served October.
Informed 14 November, property will
be occupied by 18 November.
27
Orchid Lee, Sandy
Lane, West Runton
Empty for
approximately 15
years due to probate
issues
Dilapidated condition
detracting from
neighbourhood
amenity
Significant legal issues with
persuading solicitor to act.
Flats 4, 5 and 7 Cliff
Brow New Road,
Cromer and Flat 1
Melbourne Hotel,
Cromer
16 Norwich Road,
Fakenham
Empty properties for
in excess of 5 years
and uninhabitable
Legal pressure applied to owners and
properties have been or are being
brought back into use.
Council Tax team to inspect and
ensure charging as appropriate
Problems in tracing owners resolved.
Schedule of Works sent to owner for
informal completion.
If works not completed, Notice will be
served.
1 Sycamore Grove,
Sheringham
Unkempt property
with extension
incomplete attracting
complaints from
neighbours
Pressure from Legal team has
resulted in the owner undertaking
works to the property and garden
Holme House,
Aylmerton
Overgrown and
dilapidated property
attracting complaints
Prominent former
hotel converted into
flats
A number of flats
unoccupied since
2010
Eyesore property in
prime location
On hold as no probate in place
Review in January 2014
Trafalgar Court,
Mundesley
Leighton House, 1113 St Mary’s Road,
Cromer
Empty property –
poor state of repair
On-going liaison and pressure from
Council on Management Company
appointed by the land tribunal, and
owners.
Housing Act Prohibition Order on
East Wing lifted but Improvement
Notice remains to complete snagging
list.
Completion notices served on 6
properties, which are out of Council
Tax banding due to Prohibition Order.
Council Tax bills issued to most other
properties, bringing them back into
charge from 1 November.
Significant residential Survey and costing information
property in extremely completed for complex and lengthy
dilapidated/dangerous works.
condition detracting
s79 Building Act Notice served June
from neighbourhood
2013 giving 9 months to complete
amenity
work and no appeal received.
Unfit for habitation
Tenders being drawn up to do works
Previous pest
in default under if Notice not complied
infestations
with.
28
Appendix 2
Key Activity in Non-Residential Cases Considered (as at 14 November 2013)
Note: this is not an exhaustive list of cases
Property
Issue
Action
Star Yard,
Fakenham
Dilapidated garage in
dangerous condition
detracting from
neighbourhood amenity
Survey
and
costing
information
completed.
s79 Building Act Notice (Dangerous
Structures,
Dilapidated
Sites
and
Unsecure Premises) served June 2013.
Works not completed.
Tenders progressed for required works.
Environmental Protection progressing
works in default.
Understood sale now imminent due to
pressure on owner but Notice will be reserved on any new owner.
57 Oak Street,
Fakenham
Dilapidated commercial
property detracting
from neighbourhood
amenity
As above.
Broads Hotel,
Station Road,
Hoveton
Empty since
approximately 2004
Derelict and dilapidated
with significant impact
on local amenity
Survey
and
costings
information
completed for renovation or demolition.
Notice served to renovate or demolish; no
appeal and works not completed.
Works in default commenced October
2013.
Site secured and condition survey to be
undertaken before Asbestos Survey can
take place. Condition survey to also take
place for the neighbouring garage.
Tenders for demolition received.
Planning
application
required
for
demolition applied for 8 November.
Demolition planned to start in early
December depending on planning
approval and asbestos position.
Broadland
Cottage,
Station Road,
Hoveton
(linked to
Broads Hotel)
Externally dilapidated
detracting from
neighbourhood amenity
Owner has been confirmed and s79
Notice
(Dangerous
Structures,
Dilapidated
Sites
and
Unsecure
Premises) served on 4 November
Legal to prosecute for failing to provide
information
29
48-50 Bacton
Road, North
Walsham
Derelict building plot
detracting from
neighbourhood
amenity, squatters on
site
Request for Information served in May
2013. Owner responded to RFI and
Schedule of Works requested.
Owner has not submitted an application
for Building Regulations and Legal team
pressurising owner to act.
Squatters have left and the site is now
secured by fencing.
Potential CPO being considered.
Norfolk
Broads
Caravan Site,
Potter
Heigham
Alleged planning and
safety issues, also
drainage and alleged
mis-selling.
Multi Agency meeting took place on 12
August.
Some drainage issues but remainder are
outside of the Boards remit although
Environmental Health/Planning will
continue progress minor site
licence/planning issues with owner.
Black Swan
Loke, North
Walsham
Untidy premises
detracting from local
amenity
s215 notice served.
30
Agenda Item No____10________
FEES AND CHARGES 2014/15
Summary:
This report recommends the fees and charges for
2014/15 that will come into effect from April 2014 along
with new fees for the certification for the installation of
wood burners with effect from 1 January 2014.
Options considered:
Alternatives for the individual service fees and charges
now being proposed will have been considered as part
of the process in arriving at the fees presented within
the report.
Conclusions:
The fees and charges as recommended will be used to
inform the income budgets for the 2014/15 budget.
Approval of the fees ahead of presenting the detailed
budgets allows for implementation of changes where
applicable.
Recommendations:
That Cabinet agree and recommend to Full Council:
a) The fees and charges from 1 April 2014 as
included at Appendix A;
b) The fees for the certification for the installation of
wood burners to come into effect from 1 January
2014 as follows:
 Installation of a solid fuel appliance (eg. Wood
Burner):
(i) Where the appliance is commissioned by a
third party, a Building Notice Charge,
including VAT, of £180;
(ii) Where the appliance is tested by NNDC a
Building Notice Charge, including VAT, of
£312.
Reasons for
Recommendations:
To approve the fees and charges as set out in the report
that will be used to inform the 2014/15 budget process
and to set fees for certification of wood burners.
LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW
(Papers relied on the write the report and which do not contain exempt information)
Current fees and charges
Cabinet Member(s)
Ward(s) affected All
Cllr Wyndham Northam
Contact Officer, telephone number and email:
Karen Sly, 01263 516243, Karen.sly@north-norfolk.gov.uk
31
1.
Introduction
1.1
The setting of the fees and charges for the next financial years forms part of
the annual budget setting process. The reason for presenting them for
approval ahead of the detailed budget report provides a lead in time where
applicable to allow implementation of the revised charges from 1 April 2014
(or before where applicable) and also to ensure service income budgets can
be updated accordingly to be reflected in the budget for 2014/15 and future
projections.
2.
Fees and Charges 2014/15
2.1
Fees and charges proposals for 2014/15 have been circulated to the relevant
budget managers so that income budgets can be updated as part of the
budget process. Appendix A to this report provides the detail of the proposed
charges for the forward financial year from 1 April 2014 which have been
discussed and agreed with the relevant portfolio holders.
2.2
Approval to these charges in advance of the approval of the budget for the
2014/15 financial year enables Officers to make preparations for the new
financial year and also enable more accurate projections for income to be
factored into the budget for 2014/15 which will then be presented to Members
in February 2014. Any further work in this area will be reported in the Budget
reports in February 2014.
2.3
Where applicable the proposed increase to fees and charges is generally
around 2.5% for 2014/15 or to the nearest sensible figure after allowing for
rounding. The exceptions to this are for those fees and charges which are set
by central government, for example planning and premises licence fees and
also where a contractor manages a facility on behalf of the Council as the
Council has no discretion over these prices.
2.4
No charges have been made to the car parking charges other than the all day
ticket can now be transferable to all car parks, providing more flexibility for the
users when visiting the district and using the car parks.
2.5
Community Sports Centre charges are now included within the appendix
attached, these were subject to review during the current year and therefore
no further changes have been recommended for 2014/15.
2.6
The proposals recommend a reduction to the Market fees to help stimulate
growth of the markets and pending further review of the waste service.
3.
Building Control Charges – Wood Burners
3.1
The current Standard Building Regulation Charges do not include charging for
the installation of wood burning stoves and therefore it is an area of work that
the service is not achieving cost recovery for. Members of staff within the
Building Control Section have been trained and are qualified to test these
types of appliance. The process however can be time consuming, involving
two surveyors undertaking the test and can require second and third site visits
should the initial test fail. The service therefore needs to be in a position to
recover its costs.
32
3.2
This report is recommending the introduction of new fees for the certification
for the installation of wood burners to come into effect from 1 January 2014
as outlined below:
Installation of a solid fuel appliance (e.g. Wood Burner):
a) Where the appliance is commissioned by a third party, a Building
Notice Charge, including VAT, of £180;
b) Where the appliance is tested by NNDC a Building Notice Charge,
including VAT, of £312.
3.3
It is anticipated that the level of income to the service that could be generated
from the new charges could be approximately £5,000 per annum.
4.
Conclusion
4.1
The report makes recommendations for the fees and charges that will come
into effect from 1 April 2014. These will be used to inform the service income
budgets that will be included within the detailed 2014/15 budget when it is
presented for recommendation and approval in February 2014.
4.2
In addition the report makes recommendations for a new fee in relation to the
certification of wood burners which is currently outside of the building control
service charges and therefore is not eligible for cost recovery.
5.
Financial Implications and Risks
5.1
For demand led services there is a risk that income will not be received as
budgeted. When producing the income budgets assumptions will be made
around the level of income to be achieved from the services, these will be
based on previous experience and recent trends, furthermore one of the
reasons for holding a level of general reserve is to mitigate fluctuations in
income.
6.
Sustainability - None as a direct impact.
7.
Equality and Diversity - None as a direct impact.
8.
Section 17 Crime and Disorder considerations - None as a direct impact.
33
Assets & Leisure Service Area
2013/14
Current Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and
rounded where applicable)
CAR PARKING
Pay & Display Car Parks between 08:00 - 18:00
Coastal Car Parks
Cromer
- Runton Road
East Runton
- Beach Road
Happisburgh
- Cart Gap
Mundesley
- Beach Road
Overstrand
- Pauls Lane
Sea Palling
- Clink Road
Sheringham
- Beach Road
- Station Road
Wells
- Stearmans Yard
Weybourne
- Beach Road
All day ticket for above
Other Car Parks
Cromer
Holt
Sheringham
Wells
Fakenham
- Cadogan Road
- Meadow
- Promenade (Disabled only)
- Albert Street
- Station Road
- Chequers
- Morris Street
- Staithe Street
Stalham
- Bridge Street
- The Limes
- Queens Road
- Bank Loke
- New Road
- Vicarage Street
- High Street
All P&D Car Parks
- All day ticket
North Walsham
50p for 30
minutes only,
£1.20 per hour
thereafter
50p for 30
minutes only,
£1.20 per hour
thereafter
50p for 30
50p for 30
minutes only,
minutes only,
£1.00 for the first
£1.00 for the first
hour, 70p per
hour, 70p per
hour thereafter
hour thereafter
0.0%
0.0%
50p for 30
minutes only,
£1.00 for 2
hours, 70p per
hour thereafter
50p for 30
minutes only,
£1.00 for 2 hours,
70p per hour
thereafter
0.0%
£5.00
£5.00
0.0%
Now transferrable between all car
parks from 2014/15 onwards
Page 1
34
Fees and charges combined APPENDIX
Assets & Leisure Service Area
2013/14
Current Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and
rounded where applicable)
Pay & Display Car Parks between 18:00 - 23:00
All Car Parks
Other Charges
Coach Parking (where permitted)
Carnival Day (Runton Road)
Weekly Permit
Annual Permit
Half Year Permit
Quarter Year Permit
Penalty Charge Notice
- Half day (up to 4 hours)
- All day ticket
- Per Car, Per Entry
- Per Motorcycle, Per Entry
- 3 hour permit
- 24 hour permit
- 3 hour permit
- 24 hour permit
- 3 hour permit
- 24 hour permit
- Full
- Prompt Payment
£1.00
£1.00
0.0%
£5.00
£10.00
£6.00
£3.00
£27.50
£55.00
£200.00
£30.00
£120.00
£16.00
£65.00
£50.00
£25.00
£5.00
£10.00
£6.00
£3.00
£27.50
£55.00
£200.00
£30.00
£120.00
£16.00
£65.00
£50.00
£25.00
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
Page 2
35
Fees and charges combined APPENDIX
Assets & Leisure Service Area
2013/14
Current Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and
rounded where applicable)
MARKETS
Site = 4m Frontage x 5m Depth
Cromer, Stalham and Sheringham (Weds) - Per Site
Weekly
- April, May, June, Oct, Nov, Dec
- July, August, Sept
- Jan, Feb, March
Quarterly
- April - June
- July - September
- October - December
- January - March
Half Yearly (Up to 2 pitches, £ per pitch) - April - Sept
- October - March
Half Yearly (3rd pitch +, £ per pitch)
- April - Sept
- October - March
Sheringham (Saturday) - Per Site
Weekly
Quarterly
Half Yearly (Up to 2 pitches, £ per pitch)
Half Yearly (3rd pitch +, £ per pitch)
Yearly
Other Charges
Full Annual Payment in Advance
Refunds - Administration Fee
New Traders Discount (conditions apply)
- April, May, June, Nov, Dec
- July, August, Sept, Oct
- Jan, Feb, March
- April - June
- July - September
- October - December
- January - March
- April - Sept
- October - March
- April - Sept
- October - March
£20.00
£30.00
£15.00
£152.00
£234.00
£111.00
£88.00
£297.00
£153.00
£223.00
£115.00
£18.00
£27.00
£15.00
£135.00
£220.00
£100.00
£80.00
£250.00
£130.00
£200.00
£100.00
-10.0%
-10.0%
0.0%
-11.2%
-6.0%
-9.9%
-9.1%
-15.8%
-15.0%
-10.3%
-13.0%
£35.00
£45.00
£25.00
£338.00
£520.00
£247.00
£195.00
£660.00
£340.00
£495.00
£255.00
£955.00
£30.00
£40.00
£22.00
£300.00
£460.00
£220.00
£175.00
£580.00
£300.00
£440.00
£225.00
£855.00
-14.3%
-11.1%
-12.0%
-11.2%
-11.5%
-10.9%
-10.3%
-12.1%
-11.8%
-11.1%
-11.8%
-10.5%
10% discount
£15.00
25% discount
10% discount
£15.00
25% discount
Page 3
36
Reduction in fee to help stimulate
growth in the markets and also
pending further review of waste
collection service.
0.0%
Fees and charges combined APPENDIX
Assets & Leisure Service Area
2013/14
Current Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and
rounded where applicable)
CHALETS & BEACH HUTS
Chalets
Sheringham
Old Chalets
New Chalets (incl electricity)
£660.00
£790.00
£690.00
£830.00
4.5%
5.1%
Cromer
West Beach
East Beach
£610.00
£660.00
£640.00
£690.00
4.9%
4.5%
Weekly Lets - Cromer & Sheringham
Low Season
High Season
£60.00
£115.00
£62.50
£120.00
4.2%
4.3%
Weekly Lets - Cromer East & Sheringham New (Serviced)
Low Season
High Season
£75.00
£135.00
£78.00
£142.00
4.0%
5.2%
Winter Lets
Per Month
Per Week
40 Week Lets (October - July)
40 Week Lets (October - July)
£60.00
£20.00
£465.00
£515.00
£65.00
£21.00
£490.00
£540.00
8.3%
5.0%
5.4%
4.9%
Hut Sites
Cromer, Overstrand & Sheringham
One Year (Excluding Rates)
Mundesley
£210.00
£200.00
£220.00
£210.00
4.8%
5.0%
Huts
Weekly Lets
Low Season
High Season
Mundesley - Seasonal Let
£45.00
£100.00
£515.00
£47.50
£105.00
£540.00
5.6%
5.0%
4.9%
Termination of Licence (early - mid-term) Admin Fee
£30.00
£30.00
0.0%
PARKLANDS CARAVAN SITE
Site Per Year
£992.00
£1,023.00
3.1%
Cromer West
Cromer East
Page 4
37
Fees and charges combined APPENDIX
Assets & Leisure Service Area
2013/14
Current Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and
rounded where applicable)
HOLT COUNTRY PARK
School visits where Ranger's assistance required (Per Person)
£3.30
£3.30
0.0%
£1.50
£20.00
£1.50
£20.00
0.0%
0.0%
£3.00
£2.50
£3.00
£2.50
0.0%
0.0%
Cromer:
Sports Hall
All Weather Pitch (full)
All Weather Pitch (5-a-side)
Badminton Court
Climbing Wall
Sports Party (2 hours)
Bouncy Castle Party (2 hours)
£25.00
£45.00
£30.00
£10.00
£30.00
£70.00
£120.00
£25.00
£45.00
£30.00
£10.00
£30.00
£70.00
£120.00
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
North Walsham:
Sports Hall
Gymnasium
Tennis Court (per person)
Badminton Court
Sports Party (2 hours)
Bouncy Castle Party (2 hours)
£25.00
£16.00
£2.50
£10.00
£70.00
£120.00
£25.00
£16.00
£2.50
£10.00
£70.00
£120.00
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
Stalham:
Sports Hall
Multi Use Games Area
Tennis Court (per person)
Badminton Court
Sports Party (2 hours)
Bouncy Castle Party (2 hours)
£25.00
£25.00
£2.50
£10.00
£70.00
£120.00
£25.00
£25.00
£2.50
£10.00
£70.00
£120.00
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
Car Park
Per car per occasion
Annual Permit
(NNDC Standard Car Park Season Tickets are also valid)
MOBILE GYM
Fees for the use of the facility per session
Concessionary price per session
COMMUNITY SPORTS CENTRES
All prices per hour unless stated
Page 5
38
No changes proposed as these
were subject to review and change
in the 2013/14 financial year.
Fees and charges combined APPENDIX
Corporate Service Area
LEGAL SERVICES
Legal Work (exclusive of VAT charged)
Mortgage Redemption
Preparation of a new lease
Sale of land
Preparation of License
Private Mortgage
Quest re: second Mortgage
Agreement - section 18 Public Health Act 1936
Legal Work in connection with release of covenant
2013/14
Current
Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
At Solicitors At Solicitors Hourly
Hourly Rate
Rate
Page 6
39
Fees and charges combined APPENDIX
Customer Services Service Area
2013/14
2014/15
Current
Charge
£:p
Recommended
Charge
£:p
Appendix A
Actual %
Increase Comments
(2.5% increase applied and rounded
where applicable)
TOURIST INFORMATION CENTRES
Concessionary Fares
Application processing
Renewals (lost)
£7.50
£10.00
£10.00
£10.00
FILMING
TV drama/advertisements/feature films
Per Day
Per Hour
£525.00
£85.00
£540.00
£90.00
2.9%
5.9%
Documentaries and charities (depending on nature of organisation, subject and
crew size)
Per Day
Per Hour
£320.00
£55.00
£330.00
£57.00
3.1%
3.6%
Administration Charge (only charged where a fee and/or contract is appropriate)
Standard
Less than 7 days notice
£25.00
£55.00
£26.00
£57.00
4.0%
3.6%
Stills (specifically commercial advertising with props, etc)
Education/news/weather/student/individual photographers or 'in the interest of the district'
Parking (if required)
PHOTOCOPYING
Per Copy
Per Copy - Staff
Colour Copying (A4)
Colour Copying (A3)
Colour Copying - Staff (A4)
Colour Copying - Staff (A3)
£100 - £500
33.3% Proposal is to charge £10 for new and lost.
0.0%
£100 - £500
0.0%
£10 - £15
0.0%
Free
£10 - £15
£0.07
£0.07
£0.61
£1.21
£0.61
£1.21
Page 7
40
£0.07
£0.07
£0.61
£1.21
£0.61
£1.21
0.0%
0.0%
0.0% Recommend to maintain
0.0% same level of charge
0.0%
0.0%
Fees and charges combined APPENDIX
Development Management Service Area
2013/14
Current
Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and rounded
where applicable)
DEVELOPMENT PLAN
Development Plan for North Norfolk (all prices inclusive of postage)
Core Strategy (incorporating Development Control Policies) and Proposals Map (complete set)
£65.00
£67.00
3.1%
Individual Core Strategy Documents (all prices inclusive of postage)
Core Strategy (incorporating Development Control Policies)
Map Set (complete set including the Proposals Map)
Proposals Map
Map Key
CD-ROMS (contains all documents and maps)
Inspectors Report of the Core Strategy
LDF Magazine File
£11.00
£55.00
£5.50
Free
£5.50
Free
£6.00
£11.00
£56.00
£5.50
0.0%
1.8%
0.0%
£5.50
0.0%
£6.00
0.0%
Single page extracts of Core Strategy Maps (various sizes inclusive of postage)
£10.00
Supplementary Planning Documents
Design Guide SPD
Landscape Character Assessment SPD
£16.00
£21.50
£16.00
£22.00
0.0%
2.3%
Other Publications and Background Studies
LDS - b/w or colour
AMR - b/w
AMR - colour
Core Strategy Sustainability Appraisal (Final)
Tourism Study - b/w
Tourism Study - colour
Landscape Character Assessment - b/w
Landscape Character Assessment - colour
Retail & Commercial Study - b/w
Retail & Commercial Study - colour
3 Dragons - b/w
3 Dragons - colour
Settlement Planning - b/w
Settlement Planning - colour
Rural Economy - b/w
Rural Economy - colour
Open Space Study - Volume 1
Open Space Study - Volume 2
Open Space Study - Volume 3
Open Space Study - Volume 4
Open Space Study - Complete
Free
£6.00
£24.00
£28.00
£18.00
£53.00
£6.00
£12.00
£9.00
£36.00
£6.00
£30.00
£6.00
£24.00
£12.00
£59.00
£9.50
£12.00
£20.00
£7.00
£53.50
£6.00
£25.00
£29.00
£19.00
£54.00
£6.00
£12.00
£9.00
£37.00
£6.00
£31.00
£6.00
£25.00
£12.50
£60.00
£10.00
£12.00
£21.00
£7.00
£55.00
0.0%
4.2%
3.6%
5.6%
1.9%
0.0%
0.0%
0.0%
2.8%
0.0%
3.3%
0.0%
4.2%
4.2%
1.7%
5.3%
0.0%
5.0%
0.0%
2.8%
Page 8
41
Fees and charges combined APPENDIX
Development Management Service Area
2013/14
Current
Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and rounded
where applicable)
LAND CHARGES
Official Search of - One Part
Official Search of - Whole
£2.50
£28.00
£24.00
£2.00
£2.50
£29.00
£25.00
£2.00
0.0%
3.6%
4.2%
0.0%
Part 1 Enquiries
Non National Land Information Service Search
One Parcel
National Land Information Service
First Parcel
Additional Parcels
£77.00
£77.00
£77.00
£66.00
£15.00
£77.00
£77.00
£77.00
£66.00
£15.00
0.0%
0.0%
0.0%
0.0%
0.0%
Optional Enquiries
Printed
Additional
Enquiry 22
£15.00
£20.00
£26.00
£15.00
£21.00
£27.00
0.0%
5.0%
3.8%
£70.00
£72.00
2.9%
£7.00
£7.00
0%
£2.50
£2.50
0.0%
£2.50
£2.50
0.0%
£5.00
£5.00
0.0%
- Paper Search
- Electronic Search
- Additional Parcel
Other Fees relating to Local Land Charges
Registration of a charge in Part 11 of the Register (Light Obstruction Notice)
Filing a judgement order or application for variation or cancellation of any entry in Part 11 of the
Register (Light Obstruction Notice)
Filing a definitive certificate of the Lands Tribunal under rule 10 (3) of the Local Land Charges
Rules 1977
Inspection of documents filed under Rule 10 in respect of each parcel of land
Office copy of any entry in the Register (not including a copy or extract of any plan or document
filed pursuant to 1977 Rules)
Page 9
42
Recommend majority of fees remain
unchanged
Fees and charges combined APPENDIX
Development Management Service Area
2013/14
Current
Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and rounded
where applicable)
PLANNING
Weekly list Planning Applications per annum
Preparation of Section 106 Agreement (simple)
£298.00
£325.00
PLANNING - MISCELLANOUS
Misc. Photocopies (per copy)
A4 copies - per sheet
A3 copies - per sheet
Large documents - subject to negotiation
£0.10
£0.20
£305.00
£333.00
2.3%
2.5%
£0.10
£0.20
0.0%
0.0%
High Hedges Complaint
Architects Plans A1 & A2 Sheets (per copy)
£405.00
£2.60
£415.00
£2.70
2.5%
3.8%
Supply of Information on Permitted Use/History
Administrative Staff - per hour
Professional Staff - per hour
£44.00
£86.00
£45.00
£88.00
2.3%
2.3%
Check compliance with Conditions (for Solicitors, Agents)
Administrative Staff - per hour
Professional Staff - per hour
£44.00
£86.00
£45.00
£88.00
2.3%
2.3%
General Research
Administrative Staff - per hour
Professional Staff - per hour
£44.00
£86.00
£45.00
£88.00
2.3%
2.3%
Single street
2-5 Streets
5+ Streets
£125.00
£250.00
£500.00
£128.00
£256.00
£513.00
2.4%
2.4%
2.6%
1-5 Plots
6-10 plots
11-50 plots
50+ Plots
£80.00
£70.00
£60.00
£50.00
£82.00
£72.00
£62.00
£51.00
2.5%
2.9%
3.3%
2.0%
£25.00
£26.00
4.0%
Newly introduced
Naming of new street, consultation process and notification of decision
Street Numbering schemes
Change of property name
Page 10
43
Fees and charges combined APPENDIX
Environmental Health
2013/14
Current
Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and rounded
where applicable)
WASTE COLLECTION SERVICES
Clinical Waste - Commercial & Prescribed
Commercial Waste Bins - Collection & Hire
Commercial Recycling Bins - Collection & Hire
Prescribed Waste Bins - Collection & Hire
Prescribed Recycling Bins - Collection & Hire
Sacks - Commercial & Prescribed
Bulky Items - Commercial, Prescribed & Household
Prices on
Application
Prices on
Application
Garden Bin Collection - Per Annum
£41.60
£42.12
EDUCATION & PROMOTION
(CIEH) Foundation Certificate in Food Hygiene
Resident or employed in North Norfolk
Other
£50.00
£62.00
£52.00
£65.00
Emergency First Aid Courses
Manual Handling (4 hours)
Manual Handling & Patient Handling (6 hours)
Specially arranged courses for businesses - held at business premises
Prices on
Application
Page 11
44
4.0%
4.8%
Prices on
Application
Fees and charges combined APPENDIX
Environmental Health
2013/14
Current
Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and rounded
where applicable)
COMMERCIAL SERVICES
Food Inspections
Unfit food inspections
Food export certificates
Sunday Trading Application for loading consent
£36.00
£27.50
£84.00
£37.00
£28.00
£86.00
2.8%
1.8%
2.4%
Sampling - per visit
Other Investigations (e.g. Investigating failure)
Granting an authorisation to depart from the standard authorisation
£50.00
£100.00
£100.00
£51.00
£103.00
£103.00
2.0%
3.0%
3.0%
£16.00
£400.00
£850.00
£16.00
£410.00
£870.00
0.0%
2.5%
2.4%
Registration of Food Premises
Charge for copies of Register (or parts of)
ENVIRONMENTAL PROTECTION SERVICES
Register of Authorised Processes
- Single Entry
- Part of Register
- Complete Register
£82.00
Page 12
45
Set on cost recovery basis
Fees and charges combined APPENDIX
Environmental Health
2013/14
Current
Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and rounded
where applicable)
TAXI LICENCE FEES
Taxi Licences
Licence to Drive Hackney Carriages or Private Hire Vehicles
Licence to Drive Hackney Carriages or Private Hire Vehicles
Hackney Carriage Vehicle Licence
Private Hire Vehicle Licence
Private Hire Operators Licence
- New Licence valid for 1 year
- New Licence valid for 3 years
- Renewal valid for 1 year
- Renewal valid for 3 years
- New or Renewal valid for 1 year
- New or Renewal valid for 1 year
- New or Renewal valid for 5 years
Taxi Licence Charges
Replacement badge (including name or address change)
Replacement drivers badge holder with lanyard
Windscreen pouches (additional or replacement)
Replacement plate for vehicle
Vehicle Inspection full initial test (if undertaken other than at a time of licensing or relicensing
vehicle)
Vehicle Inspection re-test following failure of initial test
Meter test or retest undertaken separate to full vehicle inspection
£130.00
£170.00
£130.00
£170.00
£190.00
£190.00
£150.00
£170.00
£170.00
£170.00
£170.00
£190.00
£190.00
£150.00
£19.50
£3.00
£1.50
£37.00
£20.00
£3.00
£1.50
£38.00
£64.92
£44 + VAT
£12.00
£24.00
£10 +VAT
£20 +VAT
Page 13
46
Fees and charges combined APPENDIX
Environmental Health
2013/14
Current
Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and rounded
where applicable)
OTHER LICENSING
Permits for Goods and Amenities on the Highway
Premises Licence Fees - Gambling Act 2005
Betting Premises (excluding tracks)
- Application Fee
£40.00
- New Application
- Annual Fee
- Application to Vary
- Application to Transfer
- Application to Reinstatement
- Application for Prov. Statement
- Application (Prov. State Holders)
- Copy Licence
- Notification of Change
£2,600.00
£520.00
£1,300.00
£1,050.00
£1,050.00
£2,600.00
£1,050.00
£25.00
£50.00
£2,670.00
£535.00
£1,335.00
£1,080.00
£1,080.00
£2,670.00
£1,080.00
Maximum level set
by statute
2.7%
2.9%
2.7%
2.9%
2.9%
2.7%
2.9%
- New Application
- Annual Fee
- Application to Vary
- Application to Transfer
- Application to Reinstatement
- Application for Prov. Statement
- Application (Prov. State Holders)
- Copy Licence
- Notification of Change
£1,300.00
£870.00
£1,070.00
£820.00
£820.00
£2,160.00
£820.00
£25.00
£50.00
£1,335.00
£890.00
£1,100.00
£840.00
£840.00
£2,220.00
2.7%
2.3%
2.8%
2.4%
2.4%
2.8%
Maximum level set
by statute
Family Entertainment Centres
- New Application
- Annual Fee
- Application to Vary
- Application to Transfer
- Application to Reinstatement
- Application for Prov. Statement
- Application (Prov. State Holders)
- Copy Licence
- Notification of Change
£1,750.00
£650.00
£870.00
£820.00
£820.00
£1,750.00
£820.00
£25.00
£50.00
£1,800.00
£670.00
£895.00
£840.00
£840.00
£1,795.00
£840.00
Maximum level set
by statute
2.9%
3.1%
2.9%
2.4%
2.4%
2.6%
2.4%
Adult Gaming Centre
- New Application
£1,750.00
- Annual Fee
£870.00
- Application to Vary
£870.00
- Application to Transfer
£1,050.00
- Application to Reinstatement
£1,050.00
- Application for Prov. Statement
£1,750.00
- Application (Prov. State Holders) £1,050.00
- Copy Licence
£25.00
Page 14
£50.00
- Notification of Change
£1,800.00
£895.00
£895.00
£1,080.00
£1,080.00
£1,800.00
£1,080.00
Maximum level set
by statute
2.9%
2.9%
2.9%
2.9%
2.9%
2.9%
2.9%
Tracks
47
Fees and charges combined APPENDIX
Environmental Health
2013/14
Current
Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and rounded
where applicable)
Permits
Family Entertainment Centres
- Application Fee
- Change of Name
- Copy of Permit
£300.00
£25.00
£15.00
Prize Gaming
- Application Fee
- Annual Fee
- Change of Name
- Copy of Permit
£300.00
£300.00
£25.00
£15.00
Small Lottery Society
- Application Fee
- Annual Fee
- Change of Name
- Copy of Permit
£40.00
£20.00
£25.00
£15.00
Club Gaming
- Application Fee Gaming Permit
- Application Fee Machine Permit
- Annual Fee
- Change of Name
- Copy of Permit
£200.00
£200.00
£50.00
£25.00
£15.00
License Premises Gaming Machine Permit
- Application Fee (2 or less)
- Application Fee (3 or more)
- Annual Fee
- Change of Name
- Copy of Permit
£50.00
£150.00
£50.00
£25.00
£15.00
Page 15
48
Maximum level set
by statute
Fees and charges combined APPENDIX
Environmental Health
2013/14
Current
Charge
£:p
2014/15
Recommended
Charge
£:p
Appendix A
Actual %
Increase
Comments
(2.5% increase applied and rounded
where applicable)
Licences and certificates of suitability
Body Piercing
Skin piercing premises
Skin piercing each additional operative at same premises
Goods & Amenities on the Highway
Scrap Metal Dealer
Scrap Metal Dealer
Scrap Metal Collector
Scrap Metal Collector
Sex Shop or sex cinema
Sexual Entertainment Venue
Street Trading Consents
Animal Boarding
Dangerous Wild Animals (and vet fees where appropriate)
Dog Breeding (and vet fees where appropriate)
Pet Shop
Riding Establishment (and vet fees where appropriate)
Zoo (and vet fees where appropriate)
- Registration
registration (one-off)
registration (one-off)
New/Renewal (3 years)
Variation
New/Renewal (3 years)
Variation
- Non profit
- Commercial
- New/Renewal
- New/Renewal
- New/Renewal
- New/Renewal
- New/Renewal
- Variation
- New/Renewal
£66.60
n/a
n/a
£40.00
£400.00
£300.00
£100.00
£75.00
£1,750.00
£2,600.00
Free
£67.00
£115.00
£150.00
£115.00
£115.00
£200.00
£160.00
£200.00
Page 16
49
£66.60
£230.00
£30.00
n/a
£400.00
£300.00
£100.00
£75.00
£1,800.00
£2,670.00
£68.00
£120.00
£155.00
£120.00
£120.00
£205.00
£165.00
£205.00
Change in byelaws due to be
implemented from 1 April 2014, will
replace this fee to the following Skin
0.0% Piercing fees.
new scheme
new scheme
Scheme not currently undertaken
As per Scrap Metal Dealer Act 2013
which came into effect in 2013. Fees
are as reported to Full Council in
September 2013.
2.9%
2.7%
1.5%
4.3%
3.3%
4.3%
4.3%
2.5%
3.1%
2.5%
Fees and charges combined APPENDIX
Agenda Item No_____11_______
Housing Benefit and Council Tax Support Counter Fraud Policy and
Prosecution Policy
Summary:
The report presents revised policies for the council’s
Counter Fraud Policy and Prosecution Policy following
the introduction of Council Tax Support in April 2013.
Recommendations:
Recommend to full Council that the revised Counter
Fraud Policy and Prosecution Policy are adopted.
Reasons for
Recommendations:
To enable appropriate action to be taken against people
fraudulently attempting to claim or claiming housing
benefit and or council tax support.
Cabinet Member(s)
Ward(s) affected
Cllr W Northam
All
Contact Officer, telephone number and email:
Louise Wolsey. Louise.wolsey@north-norfolk.gov.uk 01263516081
1.
Introduction
1.1
The Council are under a duty to protect the public purse. It is estimated that
nationally £5.2b is lost to the public purse each year through fraud and error
in the welfare benefits system.
1.2
In 2010 HMRC and the DWP produced a Fraud Strategy document –
Tackling Fraud and Error in the Benefit and Tax Credits System. The
document sets out an approach to fraud under five themes – Prevent, Detect,
Correct, Punish and Deter. The councils benefit team has procedures in place
to prevent fraud entering the system, detect fraud that gets in the system and
corrects claims that are found to be incorrect. These policies set out the
councils approach to the Punish and Deter themes.
1.3
The introduction of a local scheme in April 2103 to replace Council Tax
Benefit leads to the need for revised policies.
2.
North Norfolk District Council
2.1
Even with robust procedures in place fraud and error will enter the system.
This could be through a person starting work and not telling the council, or
someone’s household size changing etc. The counter fraud policy details
specific considerations and measures taken in order to counter fraudulent
benefit and council tax support (CTS) claims and to deter customers who may
through negligence or pre-meditation commit fraud in these areas. The
prosecution policy refers to criteria relating to the offence, offender, value and
50
duration of the fraud which have to be taken into account before considering
whether a sanction is appropriate, and if so, which sanction to apply.
2.2
In 2012/13 the Fraud team investigated 151 referrals; successfully prosecuted
12 cases issued 10 cautions and 1 administrative penalty. Some of these
cases were worked jointly on with fraud officers from the Department of
Works and Pensions.
3.
Revised Policies
3.1
The revised policies (Appendix B) maintain many of the principles of the
current policies. The approach to determining appropriate action around
sanctions, criteria around demining a case for prosecution.
3.2
The policies do reflect the introduction of council tax support and the
supporting legislation that enables the council to take appropriate action to
investigate suspected fraud and take and impose sanctions against those
found to be fraudulent.
4.
Conclusion
Robust counter fraud and prosecution policies provide a framework within
which the council are able to protect the public purse by deterring fraudulent
activity and applying sanctions against those who have de frauded the public
purse.
Recommend to full Council that the polices are adopted given the reasons
above.
5.
Implications and Risks
Under section 151 of the Local government Act 1972 and section 73 of the
Local government Act 1985 the Section 151 Officer has a statutory duty to
ensure that there are proper arrangements in place to administer the council’s
financial affairs.
6.
Financial Implications and Risks
A culture which supports anti-fraud activity will help safeguard the council’s
financial resources and prevent losses where fraud has or is likely to occur,
whilst maximising the potential for recovery.
7.
Equality and Diversity
An impact assessment has been carried out on these polices.
8.
Section 17 Crime and Disorder considerations
No impact
51
Appendix B
NORTH NORFOLK DISTRICT COUNCIL
Housing Benefit/ Council Tax Support
Counter-Fraud Policy
Revised Nov 2103
52
NORTH NORFOLK DISTRICT COUNCIL
Benefit / Council Tax Support Counter-Fraud Policy
Index
Introduction
3
When Fraud Occurs
3
Fraud Referrals
4
Training
4
Fraud Investigations
5
Intelligence Gathering
6
Surveillance
6
Partnership Working
6
Publicity
7
Retention of Documents
7
Benefits Counter-Fraud Strategy
Endorsement Statement
8
2
53
Introduction
North Norfolk District Council is committed to protecting public funds, by ensuring
that benefit/council tax support (CTS) is paid only to those entitled to receive it.
However, the council also acknowledges that some people will obtain, or attempt
to obtain, benefits/CTS to which they are not entitled. It is important to recognise
that the majority of customers who claim benefit and CTS are honest, but
unfortunately there are those who seek to obtain benefit and CTS that they are
not entitled to.
The Council has a duty to administer Housing Benefit on behalf of the Secretary
of State for Work and Pensions, additionally Local authorities have a statutory
duty to administer and arrange their financial affairs appropriately in accordance
with section 151 of the Local government Act 1972. It is important that the council
applies and appropriate and effective anti-fraud process as part of the
administration of Housing Benefit and CTS.
The Revenues and Benefits Service administers the Housing Benefit and CTS
schemes at North Norfolk District Council. The service has its own CounterFraud team dedicated to the detection and prevention of fraud. The Council,
through the Counter-Fraud team, aims to eradicate, as far as possible, the
unlawful claiming of benefit and CTS and deal with offenders in accordance with
the Benefit Fraud Prosecution Policy
Countering fraud is the responsibility of everyone working in or having
management responsibilities for Housing Benefit and CTS administration.
Effective and timely administration, particularly in regard to verification, will help
prevent fraud and error entering the system.
This document details specific considerations and measures taken in order to
counter fraudulent benefit and CTS claims and to deter customers who may
through negligence or pre-meditation commit fraud in these areas.
When Fraud Occurs
Customers who claim benefit and or CTS are informed by the council that it is
their responsibility to inform the council of changes in circumstances that could
affect their entitlement. However some customers neglect to do this which may
constitute an offence. The Council will look at the evidence surrounding each
case before deciding whether to instigate sanction action in accordance with the
Council’s Fraud Prosecution Policy.
Offences may also be committed when false statements are made or information
omitted to the Council. If the Council considers that this has been done in order
to obtain more benefit/CTS than the customer was legally entitled to sanction
action may be taken in accordance with the Council’s Fraud Prosecution Policy.
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Landlords may also be committing offences if they fail to notify changes which
relate to a tenant’s occupation of the property or to their liability to pay rent if they
are aware of the change and know that the change is one likely to affect benefit
or be one which could reasonably be expected to affect benefit entitlement.
Partners and appointees of the customer can also commit offences in relation to
benefit claims.
Persons who perpetrate Housing Benefit and CTS fraud may commit offences
contrary to various Acts. These include; the Social Security Administration Act 1992,
 the Theft Act 1968
 the Fraud Act 2006.
 The Local Government Finance Act 1992
Fraud Referrals
The Counter-Fraud section receives a number of referrals every year mainly via
the following sources:








Housing Benefit Matching Service (HBMS) National Fraud Initiative (NFI)
Royal Mail Do-Not Redirect Service
Internal/External Fraud Hotlines
Department for Works and Pensions (DWP)
Other local authorities
Members of staff
Members of the public
From the Council’s website referral facility
All referrals will be treated in confidence.
The fraud section will sift and evaluate all referred allegations. All pertinent
allegations that pass the risk evaluation will be appropriately investigated for
fraud.
In additional the Counter-Fraud Team will explore other areas for proactive work,
for example joint exercises with the Department for Work and Pensions.
Training
Fraud Investigation Officers receive specific and specialised training in order that
they are able to execute their duties in an appropriate and professional manner.
They will be trained in all relevant legislation and regulations including:


The Data Protection Act 1998
Human Rights Act 2000
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55










Local government finance Act 1992
Council Tax Reduction Scheme Regulations 2013
The Regulation of Investigatory Powers Act 2000
The Freedom of Information Act 2000
The Police and Criminal Evidence Act 1984
The Criminal Procedure and Investigations Act 1996
The Theft Act 1968
The Social Security Administration Act 1992
The Fraud Act 2006
Proceeds of Crime Act 2002
This is not an exhaustive list and therefore all officers should act in accordance
with any appropriate legislation, corporate/service policies and code of practice
that are relevant to their duties in relation to this policy.
The council ensures that all investigators will either have or be studying for a
professional standard such as the Professionalism in Security (PINS)
accreditation. They will also receive training to increase knowledge and expertise
in specific areas where appropriate.
Comprehensive Fraud Awareness training is provided to all staff working in or
connected to the Revenues & Benefits Service area. We also aim to deliver
Fraud Awareness training to other relevant areas of the Council, including
Members.
Fraud Investigations
Any investigation carried out by the council must be based around the following
criteria:


To establish the facts
To gather enough evidence to support any sanction that may be applied
To ensure that the correct level of Housing Benefit and CTS is in payment
The Council will aim to ensure that all investigations are focused to make best
use of the resources available and to ensure that each case is thoroughly
investigated and proper consideration given to the appropriate closure or
sanction. All potential lines of enquiry will be pursued when gathering evidence,
all potential information sources checked and verified and all potential witnesses
interviewed.
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Intelligence Gathering
The Council subscribes annually to the National Anti-Fraud Network who supply
a number of intelligence gathering services, including:



Credit searches
Company director information
DVLA information
Financial information
The National Anti-Fraud Network also acts as the Council’s PINS 9A authorised
body for obtaining information under the Social Security (Fraud) Act 1997. NAFN
ensures that all information must be legally obtained and authorised by the
appropriate officers.
The Council is registered under the Data Protection Act 1998. Where necessary
we will use section 29 of the Act to exempt organisations (from the nondisclosure provisions of the Act) who may have information which would help in
the prevention and detection of crime.
Investigators are individually authorised under Section 110A of the Social
Security Administration Act 1992 to exercise the powers under 109B and 109C of
the Act to require information from persons listed at Section 109B(2) (employers,
employment agencies etc) for housing and council tax benefit. For CTS they are
authorised under The Local Council Tax Reduction Scheme (Fraud &
Enforcement ) Regulations 2013..
Surveillance
Any surveillance carried out will be in accordance with the Regulation of
Investigatory Powers Act 2000 and the Council’s Policy for Directed Surveillance
and Use of Covert Human Intelligence Sources.
Partnership Working
The council will continue to actively work with other agencies to support their
Counter-Fraud activities. These agencies include:






The Department for Work and Pensions (DWP)
Other Local Authorities and County Councils
Her Majesty’s Revenue & Customs
Other Council departments
The Police
National Anti-Fraud Network
Local Authority Investigation Officers Group
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Publicity
The Council will actively publicise any case which it believes will act as a
deterrent to others who are thinking of committing benefit fraud.
A dedicated Fraud Hotline is in operation and a number of measures will be
undertaken to publicise the service to North Norfolk District Council residents,
namely:



Posters distributed throughout the district (shops, community centres,
libraries etc)
Articles posted on the internet and internal intranet
Fraud awareness training to council staff and relevant external partners
Articles in local press, including free newsletter distributed quarterly to all
households in the district
Additionally a newsletter ‘The Informer’ is issued to all Revenues and Benefits
staff and Members bi-annually.
Retention of Documents
Evidence and documentation relating to benefit fraud investigations will be
retained in accordance with the Benefit Fraud Record and Retention Policy.
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8
59
Appendix B
NORTH NORFOLK DISTRICT
COUNCIL
Housing Benefit and Council Tax
Support Fraud Prosecution Policy
Revised Nov 2013
60
NORTH NORFOLK DISTRICT COUNCIL
Housing Benefit/Council Tax Support Fraud
Prosecution Policy
Contents
Introduction
3
Legislative Framework
3
When Fraud Occurs
3
Standard of Evidence
4
Sanctions Available to the Council
4
Factors Taken Into Consideration
5
Voluntary Disclosure
5
Cautions
6
Administrative Penalties
6
Prosecutions
7
Loss of Benefit Provisions
8
Joint Working
9
Conclusion
9
Endorsement Statement
10
2
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Introduction
The information in this policy will form the Prosecution Policy of North Norfolk
District Council. It provides the guidelines to be applied wherever the counterfraud section has investigated a case and identified that an offence has been
committed.
This Policy has been developed with the aim of providing a framework to ensure
a fair and consistent approach in the use of formal sanctions. It refers to criteria
relating to the offence, offender, value and duration of the fraud which have to be
taken into account before considering whether a sanction is appropriate, and if
so, which sanction to apply. However, every case will be considered on its
merits and action will be taken as appropriate.
This document needs to be considered in conjunction with the Council‟s CounterFraud Policy which sets out the commitment to prevent, detect and investigate
benefit fraud.
Legislative Framework
This policy takes into account the following legislation and subsequent
amendments and replacements. This list is not exhaustive.










The Social Security Administration Act 1992
The Social Security Administration (Fraud) Act 1997
Regulation of Investigatory Powers Act 2000
Police and Criminal Evidence Act 1984
Data Protection Act 1998
Local Government Act 2000
Criminal Procedures and Investigation Act 1996
North Norfolk District Council - Council Tax Support Scheme Policy S13A
and Schedule 1a of the Local Government Finance Act 1992
The Fraud Act 2006
The Human Rights Act 1998
When Fraud Occurs
Customers who claim housing benefit/ Council Tax Support (CTS) are informed
by the council that it is their responsibility to inform the council of changes in
circumstances that could affect their benefit entitlement. However some
customers do not do this which may constitute an offence. The Council will look
at the evidence surrounding each case before deciding whether to instigate
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62
sanction action in accordance with the Council‟s Housing Benefit and Council
Tax Support Fraud Prosecution Policy.
Offences may also be committed when false statements are made, or information
omitted, to the Council. If the Council considers that this has been done in order
to obtain more housing benefit/CTS than the customer was legally entitled to
sanction action may be taken in accordance with the Council‟s Fraud Prosecution
Policy.
Landlords may also be committing offences if they fail to notify changes which
relate to a tenant‟s occupation of the property or to their liability to pay rent if they
are aware of the change and know that the change is one likely to affect benefit
or be one which could reasonably be expected to affect housing benefit
entitlement.
Partners and appointees of the customer can also commit offences in relation to
housing benefit/CTS claims.
Persons who perpetrate Housing Benefit/CTS fraud may commit offences
contrary to various Acts. These include the Social Security Administration Act
1992, the Theft Act 1968, the Fraud Act 2006 and The Local Council Tax
Reduction Scheme (Fraud & Enforcement) Regulations 2013.
.
Standard of Evidence
Sufficient evidence is necessary before the council can go on to decide whether
a sanction would be justified. The council should be satisfied that evidence is of
a quality which would withstand scrutiny in a court of law.
The council will use the most appropriate sanction against future fraudulent
activity. This requires each case to be looked at on its individual merits. However
there are general principles that apply to the way in which the Council must
approach each case.
Prosecution and the alternatives to prosecution are part of the criminal justice
system, as opposed to being part of the welfare state, and as such, have to
follow the rules of law. Criminal offences have to be proved “beyond reasonable
doubt”.
Sanctions Available to the Council
Where council is of the opinion that it is able to prove beyond reasonable doubt
that a criminal offence has been committed, a number of options are open to the
council:


Administer a Local Council Caution
Invoke an Administrative Penalty (30% of the overpaid benefit)
Prosecution
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It should be noted that regardless of which option is utilised, the council will
actively pursue recovery of the overpaid benefit as a result of fraudulent action.
Factors
Several factors will be taken into consideration when deciding whether to
instigate sanction/prosecution action, and, if so, what sanction action to take.
These include but are not limited to:







The duration of the offence
Whether the fraud involves a degree of planning and/or premeditation
Previous instances of fraud
Whether a claim was false from the outset or became false through changing
circumstances
A section 110A inspector of the Council has been obstructed
Amount of overpaid benefit
Whether the perpetrator holds a position of trust
Evidence of collusion (e.g. with landlord, employer or other family member)
Where an investigation has identified any potential offence and the council
considers that there is sufficient evidence to prove such offences the council will
go on to consider whether sufficient factors are present that would make the
make any prosecution/sanction not to be in the public interest.
These include but are not limited to:


The perpetrator‟s mental or physical condition
Social factors
The case is „out of time‟ for sanction action. (Some offences are time limited
by statute)
Voluntary Disclosure
This will only occur where a person, of his or her own free will, reveals a fraud of
which the council has been unaware. It does not apply to cases where for
example:


An offence is only admitted when the claimant is confronted with the
allegation
The person has discovered that their case was under investigation, for
example because their employer has been contacted
The disclosure was prompted by action by the council, for example through a
claim review process
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64
Even if information is disclosed voluntarily the case will be considered on its
merits and sanction/prosecution may result from it.
Cautions
A caution is a legal sanction, which can be used in court, which is issued to a
customer who has admitted to defrauding the council. The council will consider
issuing cautions where:


Fraud has been proven and the customer has admitted the offence and
agrees to this course of action.
The case is not so serious that prosecution would be the preferred option
There is no previous criminal record for fraud related offences
The customer must consent to accepting a caution. If refused the case is
considered for prosecution in the normal manner.
The caution is held on record for five years and can be used as evidence against
the customer if further fraud is committed within this five year period.
The decision to offer a Caution will be made by the Revenues & Benefits
Services Manager.
Administrative Penalties
Section 115A of the Social Security Administration Act 1992 as inserted by
section 15 of the Social Security Administration (Fraud) Act 1997 and the Social
Security (Penalty Notice) Regulations 1997 permits the Local Authority to apply a
penalty as an alternative to a prosecution for housing benefit.
An Administrative Penalty is a financial penalty that can be offered to a customer
whom the Authority believes has caused housing benefit to be overpaid to them
by a deliberate act or omission and there are grounds for initiating proceedings
against them for a criminal offence.
The penalty is set at a fixed rate of 30% of the overpayment.
The council will apply the sanction using the same criteria as a Caution, but with
the following exceptions:

The overpayment is over £50
It is not a requirement that the customer admits to committing the offence
Cases where an offence has been committed wholly, or an attempt is made,
where an offence of benefit fraud has been committed, but the fraud is
discovered and stopped before any overpayment of Benefit is made, after 8 May
2012, the Council will offer a minimum penalty of £350 or 50% of the
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65
overpayment, whichever is greater (up to a maximum penalty of £2,000), as per
the Welfare Reform Act 2012.
The legislation governing the use of a financial penalty as an alternative to
prosecution where a person has fraudulently claimed council tax support is
contained in section 14C of the Local government Finance Act 1992. The
conditions by which a penalty might be sued are described in regulation 11 of the
Council Tax Reduction Schemes (Detection of Fraud and Enforcement)
(England) Regulations 2013.
In accordance with the legislation a penalty offered as an alternative to
prosecution will be a minimum of £100 or 50% of the fraudulent excess council
tax support claimed by the offender(rounded down to the nearest penny)
whichever figure is the greater. The penalty should not exceed £1000.
The penalty will be added to the person‟s council tax bill.
A person does not ahev to accept the penalty. The same rules about acceptance
/non acceptance of the penalty apply as for housing benefit.
The customer must consent to accepting an Administrative Penalty. If refused the
case is considered for prosecution in the normal manner.
The Administrative Penalty is held on record for five years and can be used as
evidence against the customer if further fraud is committed within this five year
period.
The decision to offer an Administrative Penalty will be made by the Revenues &
Benefits Services Manager.
Prosecutions
The council will prosecute offenders, (subject to the public interest test) when at
least one of the following criteria applies:
The person has declined the offer of a formal Caution or Administrative
Penalty
 The overpayment is over £2000 for housing benefit and £1000 for council
tax support. However the council may still prosecute where less if the
circumstances are such that the council considers it appropriated.
 The person holds a position of trust in the community (i.e. member of
council staff, police officer)
 The fraud involved a degree of planning and preparation
 The customer has previous convictions or penalties/warnings/cautions or
similar offences
This list is not exhaustive.
However, it is also recognised that there may be circumstances behind the
offence which, although the above criteria applies, may make a prosecution
untenable and each case will be considered on its merits
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66
The decision to prosecute will made by any two of the Benefits Manager,
Revenues & Benefits Services Manager and Head of Financial Services, in
consultation with the council‟s legal representatives taking into consideration the
public interest test. This will ensure that the process is fair and takes into
account all factors when making the decision to prosecute.
Excess council tax support recovery
In certain cases no criminal proceedings will be taken against a person who has
committed an offence and caused or could have caused excess council tax
support to be awarded.
Any excess council tax support will be added to the individual‟s council tax
liability whether it is an offence or not.
No further enforcement action in a particular case will be taken against a person
who has committed an offence if it is decided that
 it is not in the public interest to pursue criminal proceedings or a sanction
 the offence is considered to be so minor or the circumstances of the
criminal proceedings would be disproportionate to the contravention
Provisions (One Strike/Two Strikes) – Housing Benefit
If a person is convicted of an offence in court, or accepts a caution or
administrative penalty as an alternative to prosecution the Social Security (Loss of
Benefit) Regulations 2001 (as amended in 2010) stipulate that social security
benefits received now or in the future may be reduced or withdrawn for a period of
four weeks. This applies to Housing Benefit as well as Department for Work &
Pensions (DWP) benefits. Loss of Benefits provisions come into force only for
offences committed wholly after 1st April 2010.
Benefits which can be withdrawn or reduced are called sanctionable benefits.
These include but are not limited to:






Housing Benefit
Employment and Support Allowance
Income Support
Jobseekers Allowance
Incapacity Benefit
Pension Credit
Disqualifying benefits cannot be withdrawn or reduced themselves as a result of a
fraud offence involving that benefit, but a reduction or withdrawal can be applied to
a sanctionable benefit (as above). Disqualifying benefits include:




Attendance Allowance
Child Benefit
Disability Living Allowance
State Retirement Pension
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67
Two Strikes sanctions continue to be applied to cases where someone is
convicted of benefit fraud twice within the prescribed linking period.
North Norfolk District Council will apply the Loss of Benefit Regulations in
accordance with DWP guidance.
Joint Working
Where appropriate the counter-fraud section at North Norfolk District Council
work jointly with counter-fraud officers from the DWP when both organisations
have an interest in the investigation. This allows the full scope of any fraudulent
activity across the social security system to be identified and addressed.
If the DWP is the lead organisation in an investigation it will recommend a course
of action taking into account both its benefits and those of North Norfolk District
Council. If this course of action is broadly in accordance with the Council‟s
Housing Benefit/Council Tax Support Fraud Prosecution Policy then the Counter
Fraud Investigation Officer at North Norfolk District Council will sign off
agreement to the recommendation in accordance with the Fraud Partnership
Agreement. In the unlikely event that North Norfolk District Council does not
concur with the recommendation from the DWP, then the Counter Fraud
Investigation Officer will advise the DWP accordingly. If there is still no
agreement on how to proceed then North Norfolk District Council will withdraw
from the case and consider what action is appropriate and act accordingly.
If North Norfolk District Council is the lead organisation in an investigation the
Counter Fraud Investigation Officers will recommend a course of action taking
into account both its benefits and those of the DWP in accordance with the Fraud
Partnership Agreement. If a prosecution is to be recommended the Counter
Fraud Investigation Officers will seek the agreement of the Authority‟s legal
department in advance to act on behalf of both it and the DWP prior to the
recommendation being made to the DWP.
Conclusion
The Housing Benefit / Council Tax Support Fraud Prosecution Policy outlines the
main areas that the council takes into consideration when investigating
potentially fraudulent claims for housing benefit and CTS .
Whilst the Council appreciates that the majority of customers are honest, it will
continue to fight abuse of the system by those who falsely claim benefits to which
they are not entitled.
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69