Agenda Item 2__
CABINET
Minutes of the meeting of the Cabinet held on Monday 7 January 2013 at the Council
Offices, Holt Road, Cromer at 10.00 am.
Members Present:
Mrs A Fitch-Tillett
Mr J Lee
Mr W Northam
Also attending:
Mrs S Arnold
Mrs A Claussen-Reynolds
Mr P High
Mrs A Moore
Ms B Palmer
Mr R Reynolds
Mr R Shepherd
Mr N Smith
Officers in
Attendance:
Also in
Attendance:
90.
Mr T Fitzpatrick (Chairman)
Mr T Ivory
Mr R Oliver
Mrs L Brettle
Ms V Gay
Mr N Lloyd
MrPMoore
Mr J Punchard
Mr E Seward
Mr B Smith
Mr D Young
The Chief Executive, the Corporate Directors, the Head of Finance,
the Economic and Tourism Development Manager, the Head of
Customer Services, the Communications Manager and the
Sustainability Assistant.
Mr B Wright and Mr C Rabone (members of the public), the press
APOLOGIES FOR ABSENCE
None received
91.
MINUTES
The Minutes of the meeting held on 13 December 2012 were confirmed as a correct
record and signed by the Chairman.
92.
PUBLIC QUESTIONS
None received. Mr B Wright and Mr C Rabone were present as public speakers on
Agenda Item 16: Proposed Action in Respect of Structurally Unsound Properties at
Star Yard and Long Term Empty Property at No.57 Oak Street, Fakenham (see
Minute 95 below).
93.
ITEMS OF URGENT BUSINESS
None received.
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94.
DECLARATIONS OF INTEREST
None received
95.
PROPOSED ACTION IN RESPECT OF STRUCTURALLY UNSOUND
PROPERTIES AT STAR YARD AND LONG TERM EMPTY PROPERTY AT NO.57
OAK STREET, FAKENHAM
The Chairman agreed to bring this agenda item forward in deference to the two
public speakers in attendance.
Mr Rabone indicated that he and his wife had only become aware that this matter
was to be under consideration today through reading an article in the local press. He
hoped that Members appreciated that the problem at Star Yard was not of their
making, any more than that it had been caused by the Council. In fact he and his wife
had instigated action by contacting the Council because of the danger and disrepair
of the properties either side of their own through falling flints etc.
As owners of the two storey section of the buildings in Star Yard, the Rabones had
been engaged in steadily improving the property until unofficially advised that it may
not be a good idea to spend too much time on repairs. This was borne out by advice
from surveyors examining the neighbouring property on either side. As far as Mr and
Mrs Rabone were concerned, the ideal outcome would be for the rest of the property
to be put into good order, allowing them to do the same with their part of the building.
Mr Wright, on being invited to address the meeting, accepted that the Star Yard
buildings were an eyesore and in poor structural condition. Unable to afford
professional help, he had offered to carry out repair work himself. His intention was to
make the buildings structurally sound, bricking up the window in line with adjacent
buildings. For health reasons, he sought more time to be able to do this and stated
that he required at least six months. As far as the Oak Street premises were
concerned, he confirmed that the property was not empty but was being used for
storage of items for his other business. He had boarded up the window and intended
to paint it black and continue to use it for storage. In the long term, he wished to
establish an antiques shop there, with flats above.
In thanking the speakers, Mr T Ivory informed the meeting that the properties had
been an issue for many years. The Star Yard property was unsound and presented a
serious risk, especially as it was attached to other properties. Time was of the
essence and, whilst he hoped to be able to work with the owner to secure a solution
within the terms of the recommendation, he said that he felt six months was simply
too long for the Council to wait. The Oak Street property, vacant for over twenty
years, was an eyesore. He welcomed Mr Wright’s proposals, but action was needed
more quickly than was being suggested. This view was supported by Mr Reynolds
and Mrs Claussen-Reynolds, ward representatives who had been determined to
move this forward on behalf of local residents.
Mr Ivory moved the recommendation and was seconded by Mr Lee, who referred to
the serious safety issues presented by these properties.
Mr Reynolds was pleased to see that this matter had now come before the Cabinet
after long negotiations. The shop was situated on a main thoroughfare into the town
for pedestrians, cars and buses. The shop was a blot on the character of Oak Street,
which comprised pleasant shops, terraced housing interspaced with some modern
dwellings and a few short residential lanes leading to meadows. He could remember
this shop being in use and totally in keeping with the surrounding area. Its
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deterioration had become unacceptable to the local people and Town Council several
years ago, but various approaches to encourage improvement had been
unsuccessful. Since their election in 2011, Mr Reynolds and Mrs Claussen-Reynolds
had attended many meetings with the owner and officers of the Council and were still
being approached by concerned townspeople.
Mrs Claussen-Reynolds reiterated these comments and informed Members of the
many questions received over the last eighteen months as to when 57 Oak Street
would be brought back to a respectable condition. As far as Star Yard was
concerned, she was in favour of the protection of the heritage of Fakenham, with
many old buildings having been lost, but feared that without prompt attention, and
with the onset of winter, these buildings could deteriorate to a condition beyond
repair.
Ms V Gay agreed in principle with the proposal, but wondered what criteria were
used to reach this conclusion in respect of a property. Mr P Moore thought that there
were other properties which fell into a similar category and enquired as to the legal
powers available for use to enforce action. Mt N Lloyd commented that a decision to
enforce repairs or refurbishment could herald a long-winded process.
The Corporate Director explained that emergency works had been undertaken at
Star Yard, with the cost being charged to the owner. Further emergency works were
required and, if the owner was unable to carry out the work, which was necessary to
protect the adjoining properties, the Council would have to bear the costs in the short
term. The position at Oak Street was not as clear cut, but the buildings were in the
same ownership and a good opportunity therefore presented itself to secure
improvement through a common approach. In response to Mr Lloyd’s observation,
the Corporate Director agreed that there was a risk of setting in train a lengthy
process at Star Yard, but the Council did have powers under the Building Acts to
bring about a quick resolution. He added that different powers were applicable to
either property. Mr Ivory pointed out that there were various powers which could be
considered by the Enforcement Board in respect of empty properties and Mr
FitzPatrick reminded Members that, if they were aware of any similar situation, then
they could bring the matter to the attention of officers.
RESOLVED:
1. To provide authority for officers to make an offer to purchase properties at No.57
Oak Street and Star Yard, Fakenham, based upon advice received from the
District Valuer, less any direct costs associated with securing the structure of the
buildings, with the objective of undertaking minor works to protect the properties
from further deterioration and then seeking t advertise them for
sale/redevelopment.
2. In the event of the Council being unable to reach agreement with the owner of the
buildings regarding the proposed purchase of the properties by the end of
January 2013, Cabinet authorises officers to take enforcement action against the
owner of the properties so as to bring about an improvement in their condition
and appearance and see them brought back into productive use.
Reasons for the decision:
To prevent further deterioration in the condition of the properties and then advertise
them for sale/redevelopment, or alternatively take enforcement action, to bring about
a positive outcome.
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96.
CONSIDERATION OF ANY MATTER REFERRED TO THE CABINET BY THE
OVERVIEW AND SCRUTINY COMMITTEE OR COUNCIL FOR
RECONSIDERATION
None received.
97.
CONSIDERATION OF ANY REPORTS FROM THE OVERVIEW AND SCRUTINY
COMMITTEE
None received.
98.
COUNCIL TAX SUPPORT WORKING PARTY
Mr W Northam, Chairman of the Working Party, presented the minutes and referred
to the recommendation therein, which was the subject of the next agenda item.
RESOLVED:
That the minutes of the meeting of the Council Tax Support Working Party held on 23
November be received.
99.
COUNCIL TAX SUPPORT SCHEME 2013/14
Mr Northam drew attention to two amendments to be made to the report:
•
•
On page 16, paragraph 2.1 to read: “it will not be possible to have one
scheme for Norfolk”.
On page 19, paragraph 5.1 to replace “form” in the third line with “from”.
He explained that the £8.3m paid in Council Tax benefits at present would be
replaced by Council Tax Support, a scheme for which had been required to be set
up. The Working Party had been established to look into this and had gone out to
consultation before making recommendations. Meanwhile, £100m had been made
available by Government to cover interim arrangements and the option put forward
by the Working Party met the criteria for this transitional funding.
Mr D Young queried the projected figures for initial additional income and the Head of
Finance agreed to go through the details with him after the meeting. The Chief
Executive pointed out that the levels of determinations for different categories of
property were covered by the recommendation in the following item (see Minute 100
below).
Mr Northam moved the recommendation and was seconded by Mr J Lee.
RECOMMENDED TO FULL COUNCIL:
That the Local Council Tax Support Scheme as set out in the report (option 3) be
adopted.
Reasons for the decision:
Legislation requires a Council Tax Support Scheme to be agreed by full Council by
31 January 2013 prior to implementation on 1 April 2013.
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100.
DETERMINATION OF COUNCIL TAX DISCOUNTS AND LEVEL OF CHARGES
FOR 2013/14
Mr W Northam moved the recommendation, commenting that reforms gave the
Council the flexibility to raise taxes and /or get empty properties brought back into
use.
In seconding the proposal, Mr Ivory was pleased that the Council would now be able
to look at empty homes.
RECOMMENDED TO FULL COUNCIL:
1. That Council resolve, under Section 11A of the Local Government Finance Act
1992, and in accordance with the Local Government Finance Act 2012 and other
enabling powers, that:
(i)
(ii)
(iii)
(iv)
The Council Tax for dwellings defined as being within Class ‘A’ remains at
50% for the year 2013/14 (report para.3.4)
The Council Tax for dwellings defined as being within Class ‘B’ be reduced to
5% for the year 2013/14 (report para.3.4) with the exceptions of:
(a) Those dwellings identified under Regulation 6 of the Council Tax
(Prescribed Classes of Dwellings)(England) Regulations 2003, which will
retain the 50% discount; and
(b) Those dwellings described or geographically defined at Appendix D which
in the reasoned opinion of the Head of Finance are judged not to be
structurally capable of occupation all year round and were built before the
restrictions of seasonal usage were introduced by the Town and Country
Planning Act 1947, will retain the 50% discount;
The Council Tax discount for dwellings defined as being within Class ‘C’ to be
set at 100% for three months for the year 2013/14 (report para.3.3);
The Council Tax discount for Class ‘D’ properties to act as an incentive to
bring them back into use is recommended to be a discount of 50% for a
maximum of 12 months (report para.3.2).
2. That the Council resolve under Section 11B (2) of the Local Government Finance
Act 1992 and in accordance of the provisions of the Local Government Finance
Act 2012 and other enabling powers that a premium is charged for properties
which have been empty and substantially unfurnished for two years or more of
50% of the Council Tax payable in relation to that home.
3. In accordance with the relevant legislation, these determinations shall be
published in at least one newspaper circulating in North Norfolk before the end of
the period of 21 days beginning with the date of the determinations.
Reasons for decision:
To recommend the Council Tax discount and premium determinations to come into
effect on 1 April 2013; to raise additional Council Tax revenue and to encourage
properties to be brought back into use.
101.
DESTINATION MANAGEMENT ORGANISATION (DMO) FOR NORTH NORFOLK
Mr J Lee moved the recommendation, saying that the Council was committed to the
tourism industry and that it was vital to promote North Norfolk as a year-round
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destination. This was seconded by Mrs Fitch-Tillett, who believed that anything that
could be done to help kick start an organisation which would attract visitors to one of
the most beautiful areas in the country must be beneficial.
Ms Gay expressed some concerns as to whether the projected funding would
materialise and also regretted the loss of 0.5 of a member of the Council’s tourism
staff under the changes put forward. The Council had always had an integrated
approach to tourism and now appeared to be proposing to hive off its seaside areas.
Mr FitzPatrick pointed out the area covered by the new organisation, Visit North
Norfolk Coast and Countryside Ltd, as defined in the report. In reply to a question
from Mrs A Moore as to why Aylsham had been mentioned as part of that area, the
Economic and Tourism Development Officer referred to earlier discussions which
had worked on the basis of economic rather than district boundaries.
Mr Lee reiterated that the proposal had to be made to work. Tourism could not
always rely on Council funding. The Council would retain a degree of control of how
its money was spent and the direction in which promotion of tourism was going
through membership of the Board. Appointment of the representative on the Board
would be a matter for the full Council.
The Economic and Tourism Development Manager stated that since 2008 the
Council had moved away from domination of the tourism industry. Succession
planning, recognising the financial limitations placed upon the Council, had begun
some time ago. Meanwhile, there had been a growth of interest on the part of the
private sector. If the lead on tourism was not transferred to the private sector by
2015, the industry would be in distress, due to the lack of funding available to the
Council. Against this background, the Council had been talking to the Borough
Council of King’s Lynn and West Norfolk on ways of continuing local authority
involvement and influence in tourism. The solution now proposed was of a type being
sought by al local authorities involved in tourism. It would enable the Council to
manage a strategic approach and, if unhappy with any aspect, to suspend the
Service Level Agreement.
Mr P Moore supported the efforts being made by the Economic and Tourism
Development Manager, but remained concerned at the level of Board representation
proposed. Mr FitzPatrick pointed out that this would be at the same level as the North
Norfolk Business Forum.
Mr Ivory felt that the Service Level Agreement was comforting in that it was very clear
as to where the funding would be going and what the outcomes would be.
Recognising that the relationship between public and private sectors would be new
and needed testing, it was not necessarily a good idea for the Council to be in control
of a Board of this nature.
Mr Lloyd asked what incentive other contributors had, given that they would already
be paying business rates and Council Tax. The Economic and Tourism Development
Manager pointed out that these forms of revenue were not direct contributions to
tourism promotion. Subscribing to an independent organisation with a private sector
outlook would be advantageous to contributors.
RECOMMENDED TO FULL COUNCIL:
That the release of £25,000 per annum over the periods 2012/13, 2013/14 and
2014/15 (£75,000 for three years) from the NNDC Community Fund and £10,000 per
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annum over the periods 2012/13, 2013/14 and 2014/15 (£30,000 for three years)from
the Economic and Tourism Development Unit budget be authorised as the Council’s
contribution to Visit North Norfolk Coast and Countryside Ltd.
Reasons for decision:
To support the bringing together and promotion of all aspects of the tourism industry
in a major channel for communication, support and access to the market; to provide
funding to assist the establishment of the DMO as the platform for the private sector
to take a greater responsibility for destination management in the future.
102.
BIG SOCIETY FUND LARGE GRANT APPLICATIONS
Mr Ivory put forward the proposal and was seconded by Mr Northam, who referred to
the assistance which had been afforded to organisations through this avenue. The
specific grant referred to in the report had been requested by the Sheringham and
District Sports Association towards the refurbishment of existing floodlit tennis courts
and the transformation of the facility for all-weather use.
RESOLVED:
That a grant award of up to £15,000 be made, conditional upon the submission of
substantial evidence (eg offers of support or grant approval letters) of the total
funding package and a substantial and viable business case; such evidence should
be to the satisfaction of the Chief Executive in consultation with the Portfolio Holder
for Localism and the Big Society, prior to funding being awarded.
Reasons for the decision:
To ensure that the application gets the support necessary to give the project every
chance of success, while safeguarding sufficient funds for other projects.
103.
COLLECTIVE ENERGY SWITCHING SCHEME PROPOSAL
Mr J Lee introduced the report, which put forward an initiative for groups of residents
to band together to negotiate, through a third party, preferential terms for the supply
of gas and electricity. Such schemes presented an opportunity to help more
vulnerable residents from falling into fuel poverty. He drew attention to a scheme
operated by Norwich City Council as an example of the savings that could be
achieved. Mr Lee moved the recommendation and was seconded by Mr R Oliver.
Mrs Fitch-Tillett said that some communities had already introduced local schemes,
which were highly recommended.
In response to a question from Mrs L Brettle, the Sustainability Assistant said that
oil tariffs were covered by a different scheme.
RESOLVED:
That delegated authority be given to the Head of Economic and Community
Development to progress with a collective energy scheme (option 2) as outlined
in the report.
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Reasons for decision:
To assist local residents in reducing their energy bills, therefore helping to address
fuel poverty issues and divert spending by residents from energy to local businesses
etc; to gain a potential new stream of income for the Council.
104.
REVIEW OF CCTV SERVICE
In moving the recommendation, Mr Oliver pointed out that the Council’s CCTV service
was discretionary and currently cost approximately £200,000 per annum. A review
would carefully examine how any savings could be made. Mr Ivory seconded the
proposal, welcoming the suggested cross-party approach.
RESOLVED:
1. That a politically balanced working party be established to consider the potential
options for the future management of the CCTV service and that the Group
leaders notify Democratic Services of their nominations.
2. That nominations for the membership of the working party be notified to
Council.
Reasons for the decision:
To provide a balanced forum for discussing the various options available for the
future management of the service.
105. TOURIST INFORMATION
Mr T FitzPatrick drew attention to the review of different delivery models for the
provision of Tourist Information and the fact that an organisation in Wells had
expressed an interest in running the Tourist Information Centre in the town. He felt
that a better service could be provided overall as proposed and that the Expression of
Interest under the Community Right to Challenge should, subject to ratification, be
accepted. In moving the recommendations, he was seconded by Mr J Lee.
In reply to a question from Ms Gay, the Chief Executive confirmed that any savings
arising would be considered as a saving on the budget as a whole.
In response to an enquiry from Mr Lloyd as to the use of the Tourist Information
kiosks, the Head of Customer Services informed Members that usage had gone down
and did not justify the technology involved.
Mr Punchard welcomed the proposal, but cautioned that, when the Tourist
Information point at Fakenham became the responsibility of a third party, the service
had been reduced.
RESOLVED:
1. That Cabinet accepts the ‘Community Right to Challenge’ Expression of Interest
(EOI) from a relevant body to manage the Wells Tourist Information Centre,
noting that the EOI meets the appropriate legal requirements.
2. That subject to a positive outcome from a detailed evaluation of the relevant
body’s proposal, and the absence of any formal challenges or additional EOIs,
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officers and the relevant Portfolio Members for Localism and Tourist Information
Centres are given delegated authority to negotiate a Service Level Agreement with
a relevant body with a view to the implementation of service transfer at the start of
the 2013 season.
3. Should further EOIs be received, the organisation will undertake a procurement
exercise in line wit the current contract standing orders.
4. The proposed reduction in TIC staffing levels be approved.
5. That officers are authorised to terminate the maintenance and support contracts
with the New Vision Group for the24/7 kiosks and DMS systems.
Reasons for the decision:
To deliver Tourist Information services more efficiently and effectively, providing value
for money that could produce savings to the Council with no overall loss of service.
Parts (1) and (2) of the decision embrace the Government’s localism agenda to
empower individuals and communities to take more responsibility for their own futures
and to build a stronger civic society.
The Meeting closed at 11.13 am
_______________
Chairman
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